3 June 1804

Procedure. B2 Evidence

Basis

6. To cause the defendant to receive a decision on the spot, in favour of him the plaintiff; or, if not, to join for his own benefit, in the fixation of some other term or terms for the personage of the enquiry for the continuation or determination of the suit.

7.

8.

6. That, if necessary, he may cause /having the opportunity of causing/ the defendant, upon oath, and under the check of cross-examination, to purge himself of all / mala fides - that is of/ evil intention and evil consciousness, in respect of collateral injustice, in the shape of unnecessary vexation, expence or delay, considered as producible by his plan /mode/ of defence:- declaring not only in general terms but in respect of each particular point, whether of fact or law, his own persuasion in regard to the question[?] of the /his/ cause: declaring for example his persuasion in respect of the trustworthiness /relevancy and conclusiveness/, of whatever extraneous evidence, personal, real or written he may have produced or have in comtemplation to produce.

(a) This arrangement, with its counterpart mentioned below on the other side of the cause, is but the Roman Oath of calumny made reciprocal and in its application, extended to all cases present[?] uses of the higher classes perhaps excepted. Bail also, converted from nugatory into efficient: for /soon[?]/, for want of particularization, confrontation viz: with his adversary and cross-examination, the effect of it was rather to increase mala fides /to encourage hypocricy/, and if it were not regarded as nugatory, produce false confidence. Insincerity .. popular habits of insincerity - can not so effectually be promoted, as by the multiplication of declarations, solemnly [...?], but in case of falsity, exempt from consultation. See. Mendacity[?] causes.