JB/047/019/001

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I. Deception

Ground not so strong
here as in the case of
a single person.

It is not so certain
that a wife will be partial
to her husband,
as that either will be
partial to himself.

Where the fail lies
within the congizance of
both, in case of mendacity,
a ster contradiction
will afford an
additional chance of
detection.

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II. Vexation

The vexation a wife
may feel in betraying
truth that may to prejudicial
to her husband
can not be greater than
what a man feels at
do prejudicial
to himself.

The implacable definition
Blackstone speaks
of is the very thing
to be desired: this the
security against worse
mischiefs.

In all beneficial and
innocent
harmony is the thing
to be desired.

For the opposite reason
in all criminal or
dishonest ones dissention.

No better reason can
be given for the depriving
justice of the benefit
of this testimony than
for the giving impunity
to any man who has
a wife, to every woman
that has a husband.

No reason why an
a safe accomplice
should be secured to every
criminal.

The reason may be
good, at least especially in civils
for the not examining
man to wife against
each other when there
is sufficiency of other
evidence.

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III. History

In the early state of
society the exclusion
was more reasonable on
both grounds than none.

The wife being more
under the power of the husband,
the vexation she
would be exposed to from
his resentment would
be greater –

– Being greater it
would be more likely to
produce falshood on her
part, and thence continuues
deception.

When this doctrine
was first broached
the wife could not
be heard as a witness
against her husband.
She was therefore nearly
in the condition of a slave.
Reason for excluding her
evidence similar to that
for excluding Nigor evidence.

Identifier: | JB/047/019/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1		Marginal Summary Numbering
Box	047	Main Headings	evidence
Folio number	019a "a" can not be assigned to a declared number type with value 19.	Info in main headings field
Image	001	Titles	impropriety / self-prejudicing / ordo
Category	rudiments sheet (brouillon)	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	14887
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