★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
11 May 1706
EVID. B. .Exclusion Genl View. Ch. . Mischiefs
S. 1. Obvious Mischiefs
1.
Mischiefs of exclusion
1. Obvious mischiefs Exclusion
of evidence is exclusion
of justice.
p. 1
2.
2. Mischiefs on Deft's side
in criminali, licence to
crimes.
p 1
3.
2. On Deft's side, in non criminali,
licence to non criminal
injuries.
4.
3. — on Deft's side in criminali
licence to oppression
of innocence by punishment
when undue.
(viz - if fallacious evidence
enough on the other side).
p 1
5.
4. - on Deft's side in non
criminali licence to oppression
by all imaginable
wrongs, other than
on the score of punishment.
p. 2.
6.
Exclusion of witnesses of a
particular description, a
licence to committ all
offences in the presence of
such witnesses.
6(a)
Example - English licence
to the Army to ravish
in meetings,
compleated by exclusion of
self criminating evidence
of Deft & / or Defts.
p 2
7.
Requisition of two witnesses
a licence to the commission
of all offences in the presence
of any one witness.
p. 2.
7(a)
Granted by Roman Jurisprudence
& English Statutes.
p. 2
8
If such exclusion prevents
oftener than it produces
deception, find: does it
Reference onwards.
p 3
9.
Justice may be bought
too dear : Justice & Injustice
are matter of account.
Sentiment, with incapacity,
folly, ignorance, obstinacy, &
pride ,knavery, disdain
account - prefer ipse
dixits.
p 3
10.
So evidence - Hence cases
when exclusion is proper
but they are rarely exemplified.
Vexation pried
for by just punishment
or satisfaction is not of
the number.
Few instances in which
an requires to be left unfinished,
wrongs unredressed,
or oppressions inflicted, by
forbearance on this score.
p. 3
---page break---
S.2. Michiefs of Ex less obvious View
1.
1. Mischiefs increase of
financial vexation by
diminishing the quantum
leviable by the best
seated taxes : viz. taxes
on consumption.
p. 1
2.
The maximum of duty
leviable with advantage
on each article is as
the risk on the smuggling
of that article: that risk
is as the efficiency of the
mode of procedure employed
agt it.
The efficiency of the
regular technical procedure
being here equal 0,
natural summary has
been substituted: hence
some degree of efficiency
was produced.
p.1.
3.
Remain certain rules
of evidence (v. )
as favourable to malefactors
as if made by
malefactors: to smugglers
as if made by
smugglers.
p 2
Then removed the
maximum of uninforseable
duty and be greatly increased.
p 2
4.
2 3. Mischief - Propagation
of mendacity & insincerity
& by the hands
of the professsed and
official guardians of
the public morals
(deference onwards.)
p 3
4
Seeds of war sown
by perjury: systematical
perjury among neutrals
in the County Courts,
the consequences of the constant
exclusion put upon
evidence in the most
trustworthy shape: evidence
from the same source
being admitted in, less
trustworthy shapes.
4(a)
Of Judges in
the receipt of this perjury-
begetting species of evidence.
Judges sitting in Parlt
itself suffer from being
from the scale of
fee-paid Judges, fatteners
or perjury: protecting
p3
|
Identifier: | JB/047/028/001 "JB/" can not be assigned to a declared number type with value 47.
|
|||
|---|---|---|---|
|
1806-05-11 |
1-6, 6a, 7, 7a, 8-10, 1-4, 4a |
||
|
047 |
evidence |
||
|
028 |
[[info_in_main_headings_field::evid. b [ ] exclusion genl view ch. 4 mischief]] |
||
|
001 |
|||
|
marginal summary sheet |
1 |
||
|
recto |
d3 |
||
|
john herbert koe |
|||
|
14896 |
|||