JB/081/035/001

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1

1828. Novr.
Petition for Justice.
1. Case.
V. Oaths necessitated

1.
V. Device 5. Oaths for
mendacity necessitated.
Suprà the purpose.
Now the mode.
Wishing to prevent mendacity,
you employ the
oath: to produce, leave
it unemployed, giving
effect, as above, to the
unsanctioned assertions.

2.
Oaths properties, proved
below. It is
1. Needless.
2. Inefficacious
3. Mischievous
3*. Eludible
4. Inconsistent with natural Religion
5. Antiscriptural
6. Subservient to Judge's
sinister interest.

3. Needless Witness House.
1. Needless. Witness
House.
1. Prince in legislation.
2. Holds the purse.
3. Originally most laws.
4. More important
legislation than Judicature.
5. Not less necessary
to it is information as
to facts.
6. Preeminent the attention
to elicitation.
7. Best the mode.
8. Source – motive –
real desire to obtain
serviceable truths.
9. Sole security agst
mendacity, imprisonment
direct; fine indirect.

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II. Inefficiency

4. Needless Witness House.
10. Oath none.
11. Efficacious greater
than of perjury, punishment
in ordinary
judicature.
12. Cause, efficiency of
Houses' procedure.
13. – promptitude of
the punishment.
14. This, notwithstanding
the imprisonment's
continual diminution
and ultimate extinction.

5.
2. Further proof needless,
were it ot for the
importance: the extent
to which swearing excludes
justice.

6.
Quaker's testimony admitted
without oath
Ao. 17. G. 2. C.
in criminali Ao. 182.
Needless from Quakers,
can it be indispensable
from non-Quakers?

7.
What should hinder a
non Quaker from personating
a Quaker?
in civili, giving success
to wrong: in criminali,
impunity to
guilt, or punishment
to non-guiltiness.

8.
From the assuredness
of the non-facilitation
of mendacity, by the
admission in civile
causes it's exclusion
in criminali.

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II Inefficacious

9. Promissory
2. Inefficient.
In promissory, sanction
same as in assertory.
Of the promissory
known instances of
violation are more
abundant than of assertory.

10. Promissory
Examples –
1. Irish Bishop's perjuries.
Promise to institute
schools in the parishes
within the Diocese.
Ao. 1825, performances,
782: perjuries,
480. Such holy
Ghost's antiseptic power
against perjury.

11. Promissory
2. Through Oxford,
pass half the English
Priests and Bishops –
Statute sanctioned
by oath – Perjury daily
and universal.
From clergy as well
as laity, protests these
50 years ineffectual.

12. Assertory Custom Houses.
Assertory Oaths. Of
universal violation
notorious example.
Custom House Oaths.
How beneficial to Finance
and trade, if
asseveration, with appropriate
punishment,
in case of mendacity
were substituted, and
defendant subjectable
by adverse interrogatee
to a limited loss, as
by Equity interrogatee
he is to loss of all he
had?

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III Mischievous

13.
3. Mischievous.
Part only of the mischief
is that produced by the
mendacity licence, as above,
in civile.

14.
In criminali, by declining
oath, any man may attach
impunity to crime in any
shape, or to innocence
punishment in any shape.

15.
So success to the party
in the wrong in civili.

16.
Committed he might be
But this would not reverse
the judgment:
and whatever were the
punishment for the contempt,
it might be made
worth his while to undergo
it. How he might avoid
this, see below.

Identifier: | JB/081/035/001 "JB/" can not be assigned to a declared number type with value 81.
Date_1	1828-11	Marginal Summary Numbering	1-16
Box	081	Main Headings	petition for justice
Folio number	035	Info in main headings field	petition for justice
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1
Penner	john flowerdew colls	Watermarks	b&m 1828
Marginals		Paper Producer	arthur moore; richard doane
Corrections	jeremy bentham	Paper Produced in Year	1828
Notes public		ID Number	25822
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