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political liberty, and the publication in question does
libel come under the definition of a libel as given
by that law or rule of law, and that all other
circumstances requisite to constitute guilt on the
part of the defendant do concurr, he can not
then join in finding a verdict of not guilty without a breach of his oath join in finding a
verdict of not guilty. It will then rest for the
determination of his own conscience which is the
greater evil dr to society, the example set by
the perjury he must in such case committ if on the one
way he convicts, or the doing what he must do towards
destroying the liberty of his country, on the other.
Which of these two wretched courses is the greater
evil, I will not take upon me to determine.
The guilt and scandal lies [not upon one but]
upon those whose culpable carelessness indifference or whose
cool and deliberate profligacy leaves the consciences
of mankind of all honest men quivering upon the rack of this odious and
deplorable alternative. I leave it to Bishops
to compel men to commit perjury, and to
lawyers to laugh at it behold it with laughter or indifference and treat it as a motion
of course or as a good joke. Judges to behold it day by day committed before their eyes I tremble at the
idea of giving lending that small degree of countenance
which may be result from the approbation
of an obscure individual to such an abomination though
without it liberty should be no more. That much however
Identifier: | JB/035/090/004 "JB/" can not be assigned to a declared number type with value 35.
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035 |
constitutional code; evidence; procedure code |
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090 |
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004 |
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text sheet |
4 |
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recto |
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jeremy bentham |
[[watermarks::floyd & co [britannia with shield emblem]]] |
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arthur young |
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10683 |
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