JB/057/302/001

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1827 Oct. 12

Procedure Code

5 Preparatory Resolutions
(5 No oaths

the effect given to a mere ceremony confessedly
of human invention

12
Falsehood not punished
but rewarded when unaccompanied by
an oath but rewa

To the infliction of punishment in any shape for flashood
on a judicial occasion or a judicial purpose the coupling of an
act of swearing with the act of falshood has been made necessary.
Falshood has thus remained unpunished: and while thus unpunished
it has at the same time been rewarded with advantages too great to be the template of which has been
resisted by human weakness

13
Hence the delay vexation
& expence attached to
pleadings

In the disposal thus made of the / employment/exercise thus given exercise thus given by
Judges to the power of punishment on the one hand and the power of reward on the other
may be seen the delay vexation and expence attached to the
practice of written pleading and more especially of special pleading at
Common law and in Equity and that attached to the proceeding
by Bill in Equity: the Bill being an instrument in the composition
of which on pain of denial of falshood has not not only as constantly/in every case allowed
and licensed but on pain of denial of justice necessitated,
if when a party on one side has issued on his part a tissue of falshood the other party omitts to make
answer — the consequence of
that be to the party so omitted is the
loss of his cause:

It is to this subornation of falshood If the in of sum demanded by an actor is £100,000, the
plaintiff must to obtain a chance of success either a quality more
or less immediate of falshood: whereupon if from beginning to end
the whole instrument is composed of falshood and the plaintiff has no
right whatsoever to the subject matter of the demand, still unless
after utterance of this instrument the defendant omitts to utter
a correspondent instrument containing collusive falshood, the
£100,000 is taken from him and given made over to the plaintiff by
the authority of the Judge

14
In Pitt's subornation
of falshood b the
main cause of the denial
of justice produced under
the name of administration
of justice

It In this subornation of falshood under the existing
system, invariably practised by all Judges this subornation to
in the mischievousness of its effects not distinguishable from perjury
may be seen the main cause of that denial of justice by which
however many in so deplorable a quantity is produced on
pretence of rendering administering justice: and if that vast profit which
by the of the legislature Judges have not only been
suffered but expressly authorised to draw on qualities depending
on their own pleasure from so foul a source.

Identifier: | JB/057/302/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1827-10-12	Marginal Summary Numbering	12-14
Box	057	Main Headings	procedure code
Folio number	302	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d5 / e5
Penner	jeremy bentham	Watermarks	brocklesby & morbey 1827
Marginals		Paper Producer	edmund henry barker
Corrections		Paper Produced in Year	1827
Notes public		ID Number	18632
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