28 April 1808

J.B. to H. of Commons/Evidence/

§.3.

I. Reasons for the Work

§.3. demand includes Defence

A burthen which a man /Damon[?]/ ought to be permitted to decline bringing upon himself, by his evidence, another man /Pythius[?]/ ought to be permitted to decline bringing upon him (Damon) by his (Pythius's) evidence! - Why? - For the same reason that every other man ought: and not only permitted but compelled.

A burthen which Damon ought not to be permitted to decline bringing upon himself by his evidence, Pythius ought not [be] permitted to decline bringing upon him by his (Pythius's) evidence. - Why? - For the reason above assigned: because if Damon were a murderer or an incendiary, and Pythius the only person capable of giving evidence of the crime, Pythius would, if thus excused, have the power of pardoning him.

2. If the judgment of the demandant himself, his right to the service demanded, is not compleat, which it can not be unless his efficient cause as above described be compleat, much less can it be so, or so much as appear likely to be proved to be so, in the belief of the Judge, of whom the service is demanded. What may very well happen, and what commonly enough does happen, is -that the demandant, the plaintiff, has not any such compleat information, nor consequently any such strong belief or persuasion concerning the negative part of his title (the efficient cause of his supposed right) as if concerning the positive: but unless both parts be included in his belief, he does not himself believe himself his supposed right to have a compleat efficient cause:- he does not believe himself to have a right.