18 June 1803

Evidence

Written

In the case of those[?] offences, which in respect of the individual who is the subject of the mischief of the first order - the subject of a special injury[?] would be capable of securing satisfaction if the law would give it him, in case of this class of cases, if the real plaintiff, in virtue of the name /species/ of suit by which he calls upon the supposed wrongdoer to defend himself lays /prefixes/ a claim to satisfaction on that ground, the fate of the suit is subjected to all those casualties to which the life of the plaintiff is subjected. and The a The wrongdoer is complimented[?] by the law with all that chance /prospect/ of triumph which the contemplation of such casualties can not but afford, and with all that encouragement which is thereby afforded to the villain /villainous instrument of the law/ to [...?] and fill up by slow[?] and, thence unpunishable murder the measure of his villainy. The offence, when satisfaction is thus demanded for it become a tort: the action by which it is so demanded is a personal action: and actio personalis[?] meritur[?] [...?] personâ. the existence /life/ of the remedy is bound up as naturally and reasonably with that of one /the fate of this one/ of the parties injured as the life /existence/ of the wife is bound up with that of the husband by the ties of Indian justice. In the case in question then - the case of an offence exhibiting /presenting/ an assignable individual for the principal subject of the injury can any such case present itself as according to the rule above laid down would open the door to let in this sort of written evidence? The answer is Yes /No/ and no. Not in the case of a prosecution called a criminal one, in which the King is said to be plaintiff /party as well as Judge/: because the plaintiff in that case never dies: Not in the case where the real plaintiff becomes so in name as well as in reality, because in this case, when the plaintiff dies, the action /[...?]/ /cause[?]/ dies with him and with it all possibility of satisfaction to the party injured, and of that species and degree of punishment which is attached to the burthen of affording such satisfaction is buried with him in the same grave.