17 May 1804

Evidence

Forthcomingness

Ch. Investigatorial

§.2. Rules

These observations being premised, five rules present themselves as being sufficiently intelligible without further preparation. As far as any observations in the character of reasons seem capable of being of worth subjoining, they will accordingly be subjoined.

Rule 1. Investigatorial procedure ought to be made applicable to every sort of cause.

2. Power of investigatorial procedure ought to be possessed and exercised by every Court of Justice.

Rule 3. In and for each individual cause, power of investigatorial power and power of ultimate decision ought to be lodged in the same hands

Rule 3. In relation to each individual cause power of ultimate decision ought to be lodged in the same hands as those in which power of investigatorial procedure is lodged in relation to the same cause: and vice versâ.

Rule 4. In each individual cause, whether investigatorial power shall be exercised, and how far depends upon the degree of vexation, expense and delay attending /attendant on/ the investigation, compared with the importance of the cause, and the importance of the evidence of the question to the cause

Rule 5. Purely indicative evidence, though it ought not to be received into the budget of ultimate evidence, where the purport of the ultimately applicable evidence indicated by it is conformable to the indication so given, ought however to be preserved, for the purpose of being confronted with it in case of contradiction /disconformity/ and thence operating as a security for its trustworthiness.

Note

i.e. in relation to what articles of ultimate evidence and what articles of indicative evidence

Note

viz the lot of ultimate evidence