1 Feb y 1808

Letter VI

Omissa & Facienda

No Allegat n sans X exam

 After no Allegat n without cross examination

By this I mean not to say that no obligation should ever be delivered, but under the scrutiny of cross examination actually applied to it at the time: By such a regulation compleat exclusion would be put upon all affidavit evidence: and thereby abundance of delay vexation and expence necessitated, which without prejudice to rectitude of decision might be saved.

On the occasion I suppose it according to the preceding rule settled that no allegation should be received without oath: or at any rate without the party's being liable, and being a [...?] of his being liable, to be put upon his oath to confirm the veracity of his allegation by the securities attached to the solemnity of the oath. This being assumed, what I mean to say here, is - that no allegation ought to be received though under the sanction of an oath, without a man's being either subjected to the scrutiny of cross-examination at the time, or being liable and understanding himself to be liable to be subjected to it at some future time: viz. at the requisition of the Judge or at the requisition of any party interested, if acceded to by the Judge: regard being had to the [...?] of the ends of justice, as in this as on so many other occasions are liable to antagonize, viz. rectitude of decision on one side, avoidance of delay vexation and expence on the other.