JB/081/190/002

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who ever saw it? Where is it to be seen,
unless it be on the back of the roll on which
is written the body of your common Law? One
of three things. Either you never took any
such oath at all, or if you did, it was either
a migratory or a maleficent one: a promise,
for example, on all occasions to make sacrifice
of all other interests to the interest of
the ruling one. An old printed bool there
is, intituted The Book of Oaths: and of one
or other of these two descriptions are the
several oaths therein stated and taken by
Judges. At any rate, whatever oath you
took, if any, in no one's presence was it
taken but that of him by whom it was
administered. In what better light therefore
than that of a fresh act of mendacity
and imposture can any such mention of
an oath be ever regarded by a reflecting
Juryman?

So much for the punishment
of mendacity under the existing system.
Now suppose a system substituted, having
for it's ends in view the ends of Justice.
Great beyond present possibility of conception
would be the security which against
fraud and deception would be given by
attacking punishment to mendacity.
In whatever instance mendacity had
been uttered, either on a Judicial occasion
or for a Judicial purpose, punishment

24.

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would stand attached to it of course.
Against fraud and maleficent deception,
to whatsoever purpose endeavoured to be
applied, great not only beyond example
but beyond conception would be the
security thus afforded. Oaths and perjuries
abolished, punishment for mendacity
would be at liberty to bend itself,
and would of course bend itself, to the
form of every offence, to every modification
of which the evil of an offence is susceptible.
Judicial is the occasion, in
so far as it is in the course of a suit actually
commenced: that the assertion is elicited:
judicial the purpose, that is to say the
eventual purpose, where the assertion
is uttered for the purpose of being eventually
employed as evidence, should e ver a suit
have place, on the occasion of which it
might serve as evidence.

Take for instance a false
recital in a conveyance, in an engagement
meant to be obligatory: false vouchers in
accounts.

Thus in the case of a voucher.
Receiptor in account with Creditor, produces
from Venditor of from Faber a Voucher, acknowledging the receipt of a sum of money
for Goods furnished for Receptor, to be employed
in the service of Creditor. In fact he had
received no more than half the sum: the other

25.

Identifier: | JB/081/190/002 "JB/" can not be assigned to a declared number type with value 81.
Date_1		Marginal Summary Numbering
Box	081	Main Headings	petition for justice
Folio number	190	Info in main headings field
Image	002	Titles
Category	copy/fair copy sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	c23 / c24 / c25 / c26
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	25977
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