JB/057/304/001

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1827 Oct. 12

Procedure Code

Preparatory Resolutions
§ No oath

4 (4

In imprisonmt
for life.
In no question
death expected.

Here quasi-perjury might be prevented by
mild punishment as is under the name of Sedition
the expense of protection for perjury being impunity to
affidavit perjury, no matter whether the impunity be given directly or indirectly
Expense of law in prosecution evidence to destroy the effect of the law under which
it takes place — give licence to be prohibited again
The oppressed extends testimony by order: the oppressor by extensive ordinances

17
The real mischief
of the judicial falsehood
is the conferring of rights
& imposingtion of obligations
by the judicature

That the real mischief produced by judicial
falshood is produced by the effect given to it in the conferring
of rights and the imposition of obligations by the operation of
judicature: by giving to plaintiffs and prosecutors the effect of
their demands when contrary to justice, or by exonerating the
defendants from the demand made at this charge by plaintiffs
and prosecutors when according to and warranted by justice:
and that by the exaction of the ceremony of an Oath this
mischief instead of so far from being diminished has at all times
been to an uncommon amount encreased: for

18
Of the exaction of oaths
on some occasions the
consequence is utter
impunity for falsehood
where no oath is exacted

The consequence of the exaction of an oath in some
cases and coupled with the non exaction of it in other cases, has been
that in cases where it has not been exacted, falshood
on judicial occasions and for judicial purposes has
been uttered with absolute impunity and altogether without with no danger to the utterer without /strict/ measure
shame

19
If such falsehood had
no influence on decisions
no such evil consequences
would have place

If from such falshood no influence on the conduct
of Judges the Judicial authority and the condition of suitors the parties had been produced
an evil consequence worth regarding no such evil consequence
as have been ensued would have been produced

20
But judicial proceedings
have in all cases been
in a great measure determined
by such
falsehoods.

But by such falshoods the conduct of Judges, the course
of and the results of judicial procedure and the condition of
the parties in consequence has at all times in a great degree
been determined: and it is to by the effect given to known falshood
an effect beneficial to those by whom they have been afforded that
have been produced more than by other causes put together, that
weight
weight breadth in the shape of
factitious delay vexation
and expense with which
the people of this as
well as other countries
have at all times been
so grievously oppressed

Identifier: | JB/057/304/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1827-10-12	Marginal Summary Numbering	17-20
Box	057	Main Headings	procedure code
Folio number	304	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c4 / e4
Penner	jeremy bentham	Watermarks	brocklesby & morbey 1827
Marginals		Paper Producer	edmund henry barker
Corrections		Paper Produced in Year	1827
Notes public		ID Number	18634
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