28 May 1812

Evidence

Notes

Introd

Ch. 20 Auth & Deauth.

'.2

(4) { at whose charge} i.e. on whom supposing the genuineness and the validity of it established, the effect would be the imposing of an obligation more or less burthensome in any shape, non-penal or penal absolute or eventual[?], pecuniary or non-pecuniary - pecuniary as in the case of a conveyance or other disposion of property: pecuniary or non-pecuniary, as in the case of an agreement.

The supposition here is - either that with relation to the interest of the party in question the effect of the instrument is either purely burthensome or if it be in part burthensome and in part beneficial that it is in a preponderant degree burthensome, the ballance being on the side of burthensomeness: the case being that genuineness /spuriousness/ is to be used not in /as to/ part only is the vice imported to the instrument. If spuriousness in this or that particular part only as in case of falsification be the vice imported /suspected/, in that case while the operation of the unfalsified part is at his charge the operation of the falsified part may be to whose /his/ benefit or vice versâ.

In the account /estimate/ taken /examination made/ of the effect of the instrument upon the interest of the party and thence /in that respect/ upon the probative force of his testimony the whole /the effect/ together must be taken into the account.

In so far as the operation of the instrument is at the charge of the party in question, the probative force of his testimony in forms of the genuineness of of the instrument is greater although he is a party, or rather for that very reason because he is a party interested - his being in that way interested than that of an extraneous witness can be supposing the witness to be altogether without interest in either side: for by the supposition not being exposed to the action of any sinister interest acting on him in such a direction as to [...?] him to depose in favour /affirmation/ of the genuineness of the instrument, it follows that if so it be that he does depose in affirmation of it, his deposition to that effect can have had no other cause than his sensibility and obsequiousness to the action of these tutelary motives which under the denomination of the general efficient cause of correctness and compleatness and thence of trustworthiness as evidence have been already enumerated and explained. In. Ch.