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III. Petty Jurymans oaths Assertory or
promissory? to which class shall it be aggregated?
As the interval between promise and performance
lessens, the promissory approaches to, till at last
it coincides with, the assertory. Assertory beyond
doubt is the witnesses's oath: as clearly would be
the Juryman's, if the verdict followed upon the hear=
of each witness testimony, as promptly as the delivery
of that same testimony followed upon
the performance of the swearing ceremony.
Of this instrument the inefficiency
as to the production of the professedly
desired effect— that is to say the exclusion of
mendacity, —- on the contrary it's efficiency, as to
the production of the opposite effect, with the
perjury in addition to it,— these are the only
results, the exhibition of which belongs, in
strictness, to the present purpose. But, another
point, too closely connected with this,
and too important to be passed over, is it's
mischievousness. Another distinguishable
point is, the absurdity of this part of the institution:
and without bringing this likewise
into view, neither the inefficiency, nor the whole
of the mis-efficiency, can be brought to view.
Indeed to show the absurdity
of the notion, is to show it's mischevousness:
at any rate, if intellectual imbecility in the
public mind be a mischief, and adherence to
gross absurdity a proof of it.
Identifier: | JB/081/179/001 "JB/" can not be assigned to a declared number type with value 81.
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081 |
petition for justice |
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179 |
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001 |
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copy/fair copy sheet |
2 |
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recto |
c1 / c2 |
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25966 |
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