JB/047/153/001

Click Here To Edit

July 1805
Evidence

By technically-perverted language I understand such language
as being in a certain sense in common use among
the people is employed taken in hand by lawyers and employed by them
with a sense annexed to it different from any which at the
time in question, is commonly annexed to it by the body of the people in common use with the body of the people.
Here is ambiguity: and the creation of it is the work of fraud fraud is the concomitant agent in the creation of it.
In every such case there is ambiguity, in every such case there
is deceit fraud.

In the case of perverted language two modes of perversion
require to be distinguished.

In the one case the person by whom the perverted language
is employed is of the body of the people. The man of law –
the Judge, taking up in hand this language, ascribes to it an import
which which not being annexed to those same words in ordinary usage, was to his own conviction not meant to be annexed
to it by him who used it. This Of in this species of perversion the nature
and effect is most conspicuous in the case of instruments of contract:
such as Wills, Conveyances, and Agreements.

In particular Take for example the case of a Will. Testator makes
a In the other case the person will, by the terms of which taken
together, to the full understanding of the Judge himself, he means thought
to have bequeathed an estate to Ortho. Seeing this,
the Judge adjudges it to Pseudo. On what pretence On pretence that those
same words have a different meaning, in virtue of which had it been
the meaning of Testator, it would have been bequeathed to Pseudo.
A meaning? but in whose mind? By the supposition, not in the mind
of the person in question – Testator: by whom the power which the man of law
had professed to have put into his hands is exercised: but a secret
meaning annexed or not pretended to be have been annexed to those same
words by a different person by a sort of reservation or set of persons: a set of lawyers.
In this way it is evident, that the Judge, in pretence of carrying into effect
the will of the testator, makes a false will for him, and it is this false will alone
that he carries into effect.

Identifier: | JB/047/153/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1806-07	Marginal Summary Numbering	6-8
Box	047	Main Headings	evidence
Folio number	153	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks	1800
Marginals	john herbert koe	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	15021
Box Contents