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Observations continued.
by the suppression of them, especially if the word [Tithes] or offices were added, could be but few: and inserting introducing
of obscure Law-terms, of which it is a thousand to one whether a man understands the meaning, into an
Oath is certainly, if possible, to be avoided. [ insert the passage in p.III ]
[...Clear...O.&.N.] It might perhaps be sent to would allay/obviate a number of doubts & misapprehensions which might otherwise be entertained, if this some explanation of
the word clear were inserted — for example"Clear" applied to the value of moveable property real Estate real Estate means of over and above all encumbrances &
outgoings but Parliamentary Public Taxes: applied to that of personal Estate moveable personal it means after all debts paid.
5 The denominations of property under our Law are be 1 unhappily 2 so 3 equivocal that no explanations which are into which
founded they enter upon them can be perfectly satisfactory without entering into great details.
By Clear is meant over
and above what is sufficient
to satisfy all debts
& incumbrances, Parliamentary Public
taxes, in respect
of immoveable property real estate
excepted.
[... Not being such Heir apparent as aforesaid... O.] The intent of this Section is manifestly to avail
itself of two distinct Sanctions at once for the accomplishment of its purposes: the one civil the
penalty: & the other religion; the Oath. The latter of these is effectually made an end of seems almost to have been abandoned by this clause:
for since by in virtue of this express exception a man is at liberty to decline the Oath it is his own.
fault if he declares whether it is because he has only the qualification of heirship only, or because he
has none at all. But what degree of intensity in the assertion shall be necessary ought to be required to found a charge conviction
of Perjury, is a Matter that demands a very particular & delicate enquiry which can have no place here.
What gave occasion to this clause the exception was probably some scruple about obliging a man to pronounce
positively concerning the circumstances of another, & at the same time to make profession of that wisdom
which the proverb intimates to be rare || || "It is a wise Son who knows his own Father."under the notion perhaps It seems to have been understood as if that nothing less than a positive operation
would answer the purpose: yet are there more statutes than one in which the matter is rested upon "belief:
+ + 18.G.2. C18. 11.G.3.c one of them in particular ǁ ǁ 18.G.2. where the taking it a similar Oath falsely and mala fides is made punishable (or means at
least to be made punishable) by the pains of Perjury.
I say meant for what degree
of intensity in the asserting
shall be necessary to found
a conviction of Perjury,
that is, what shall be
is a matter that seems another
not to be determined
in point of actual law, or determined
if at all in contradiction to
the for example idea those acts — his point of reason & utility
presiding not long since A person of distinction, who happened to be in a Turnpike Trust not long since to preside at a certain Turnpike meeting, found out a short way of delivering his associates
from this embarassment. The assembly being formed That meeting being the first, it was proposed, as of course it being the first meeting , that
this Oath 1 before 5 business was proceeded upon, should 2 go 3 round 4. This the president immediately opposed,
assuring the company "that these qualification oaths were the idlest things imaginable, that to his knowledge
"it was never really meant to be administered, though it was put so in the Act: & that it was
"for every Gentleman body Gentleman to chuse for himself, whether he would run the hazard of the penalty". In compliment
to a Gentleman person whose other quality of Legislator was not the only title he had to expect
a deference to his opinion in a matter of law, the proposition was dropped, & the company
proceeded to business [many of them] unqualified [and [all] unsworn.
This provision, like any other provision in any other Act may be a bad one: a good reason
for its' being alter'd; but none for it's being disobey'd. Whether it be or no, I know not: but this
I know, that when I gave my suffrage for those who should make laws for my obedience, I gave
it upon no such trust, as that after concurring in the making of a law in one place, they should
stand up singly in another to dictate its' violation. The fact was/is trivial, but the precedent/principle when associated collectively is dangerous and in a certain
place, they ought not to forget that elsewhere and as under or individually they are subjects. The man
who is above all other men is subject to the laws which this man scorned.
To gain makes friends among of his
countrymen is a laudable
as it is a natural ambition
in a public man:
but those friends can not be
of the manner of unrighteousness
or of folly who
are to be purchased brought [at the
expense of] gained by a sacrifice
of the Laws
The first is trivial, but the
precedent is dangerous
"It is a wise son who knows his own father"
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sect. i turnpike -trustees |
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observations continued |
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