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10 July 1810 4
Fallacies
Ins or Eitherside
Ch. Causes & Obstacles
2. Universities. I. Virtue
2
3
Oaths — assertory
and promissory —
are both assertory —
but of the simply
assertory there can be
be but one sort
of breach viz.
at that one time
of promissory, that
and another breach
at any other time
— viz. non existence
of intention to maintain
the line of conduct
promised, or
subsequent departure
from it.
Oaths An oath, according to the nature of the proposition
for the truth of which it is employed to afford find ensure security
is distinguished are divided into assertory and promissory.
In strictness the distinction is not a perfectly correct
one: since forasmuch as what is done, and all by the sort of oath called by a promissory
oath all that is done all that can be done is
to convey give intimation of the present existence of a matter
of fact as having place at that moment in the mind
of him who swears officiates whose discourse it is, viz. an intention of maintaining
the line of conduct so promised to be maintained.
Between the two species of oaths, the true real distinction
lies — not in this viz. that the one contains an
assertion, the other not, but [in the different modes of
violation of which they are respectively susceptible.]
In the case of the simply assertory or assertive oath,
the oath there is but but one way mode in which the oath
can be violated, perjury committed: viz. if of any
part of the matter of fact represented by the swearer
as believed by him to be true, there be any part in
respect of which he maintains the opposite belief either fails of entertaining such persuasion, or
much more if he entertains the opposite belief if the
opposite persuasion be that which he entertains.
The promissory oath on the other hand is understood
to be violated in either of two cases: 1. if even
at the very time of prom uttering the promise to maintain
the line of conduct undertaken for so promised, the intention
of maintaining it is in any part wanting, or if at on the
part of the person in question any future point of time any line of conduct point all opposite to or
inconsistent with the line of conduct so undertaken for, comes
eventually
eventually in the event knowingly
and willingly to be
performed.
Identifier: | JB/104/180/001 "JB/" can not be assigned to a declared number type with value 104.
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