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CERTAINTY. EVIDENCE. Degrees of Force.2

-lively by another W. who another W. who had heard
D. d. intimate such his design at some former time,
or by a paper of D's handover found in Ds' pocket of his own
hand-writing to that effect.

Ld Coke uses the word was; but it would have
been more proper to have said was found to be
for it may be that A. having done the deed running escaped by
instantly for the time into some closet or other lurking-hole of which no-one they
that who went in to search upon the alarm was were not apprised.

Insufficiently presumptive as if D. having been found
in that condition nobody was seen near, but A. sometime
before had been heard to threaten to take away
his life. I mention this last as one out of an infinity
of other instances which might be put differing
in degree tho' not in any discernible degree from each other, & agreeing only in
this, that none of them would alone be deemed by the
generality of mankind, as the speaker or writer (myself in the present
instance) conceives, sufficient whereon to found a conviction.

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It is to be observed that this last is an imperfect state of
the proof which due diligence & sagacity might on such
an occasion collect: for this equivocal weak presumption
might almost always either by certain other circumstances which might be traced; adduced
might either be reduced still lower, or it might be augmented
strengthen'd to the standard of a yet higher presumption
perhaps to that of the sufficient one above instanced. For example
by the or distance of A's residence at the
time, by his apparent reconciliation with his enemy, by his
being since journeying towards the place, scene of Action or from
the Scene of Action about the time, & so forth. by his accounts
for himself or not accounting for himself, & so forth. Futility of Ld Cokes division — he might by the same rule with the like accuracy of discrimination make xy degrees

Difference between where the fact charged is the very
fact deposed to, or only an inference strong or weak very weak, exceedingly weak extremely weak — very strong very strong, exceedingly strong evidently strong.
from the fact deposed to, or from the measurement

Identifier: | JB/051/025/001
"JB/" can not be assigned to a declared number type with value 51.


Marginal Summary Numbering



Main Headings

evidence; procedure code

Folio number


Info in main headings field

certainty - evidence - degrees of force





text sheet

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Page Numbering

f2 / f3


jeremy bentham


[[watermarks::[lion with crown motif]]]


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Paper Produced in Year

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