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EVIDENCE. 1* Number
reach him. I must not indeed dispensible that the preamble states that two witnesses
had originally deposed to the treasonable part act of which he was accused Indicted from the , by the evasion
of one of whom it was that the deficiency accrued which was thus to be supplied : but I
think it will hardly be contended thought that the testimony of 2 witnesses examined on
one side only and in secret is more than an equivalent for that of one – exam
if in open Court & cross-examined.
It is easy to conceive that in the event of things , the efficacy whether good or bad
of this provision ; there being all probability that the same sense of necessity which dictated one parliamentary infraction
being in a similar conjuncture would dictate to the same authority another: [taught &] justified & instructed by
by this example . Each succeeding Administration (we may venture to pronounce
for the purpose as well as that of Forfeiture & Corruption of Blood) thinking, (& I
see not why not justly) itself entitled to take the same precautions for it's security
as a preceding : are in especially particular that has not been to which whose conduct the memory of which is not marked by any by History with a
disapprobation particular stigma+ + Qu - a little about this ..
If the testimony of a single witness was then sufficient , to render it is so now & will be hereafter:
the same reasons that were urged for the suspension of this provision , will
be urged with the same reason & probably with the same success , anothers
old course of Justice will be made to take place notwithstanding this irregular attempt to stop
it , only in the guise of hardship & injustice.
To repeal this provision will
only be to restore the old Common-Law –
Whoever will take the pains to
peruse the Histories of Trials
for Treason which we have extant
will find , I believe, the violence
& injustice that has been done brought
about by rather by other means methods than by
those against which this provision
can be a remedy. To abridge &
criticize all those Trials will not is what
ever not be exploited [come within by the compass of this work.]
For the work must have it's bounds.
But why must we expect forever
the extremity of violence & injustice:
has there not been continually less &
less up to the present time? Nay,
was there any at all chosen in the
Trials after the last Rebellion?
To calm the inquietude of every
man's apprehensions is impossible: and security is not to be purchased by more Laws: all
that can be done towards it by them is to take care that [they] what there are shall be stronger Barriers against
the oppression of innocence than against the punishment of Guil : But this is a stronger
against the punishment of Guilt than against the oppression of innocence.
Identifier: | JB/051/027/001 "JB/" can not be assigned to a declared number type with value 51.
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051 |
evidence; procedure code |
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027 |
evidence number |
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001 |
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text sheet |
1 |
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recto |
c1* |
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jeremy bentham |
[[watermarks::j honig & zoonen [lion with vryheyt motif]]] |
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cc1 |
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16192 |
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