[094-169v]

8 Feb y 1803

Evidence

Ch. 1

Definitions &

Corresponding to the above distinction is that between competency and credibility as applied to witnesses in the English law.

When an objection is spoken of as applying to the competency [...?] a witness in such[?] can if is be[?] deemed valid the witness is pronounced incompetent which is as much as to say that a determination is taken that his testimony shall not be received.

When an objection is said to [...?] not to the competency of a witness but only to his credibility or in other words to his credit[?] the effect of it is not to prevent the testimony from being received but to convey an admonition to the Judge - to convey suspicion in respect of the veracity of the testimony and to put the Judge upon his guard[?] against the being deceived by it.

To declare a witness i:e: a species of witness incompetent is neither more nor less than an art of legislation: a [...?] of legislation binding upon the Judge & forbidding him to receive the testimony thus marked out /distinguished/ for rejection.

The result of this enquiry is that very little ought to be done in the way of legislation: & besides proving this the principal object of it is to afford instruction to the Judge.