JB/141/146/002

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Punishment in alienam personam - Incompetency

away for a penny. But the parties are both of them
miserably poor: they neither of them have a penny
to tempt me with. What then is there to induce
me to give a false account of the matter? nothing,
What then is the danger of admitting me? to none at
all. What the consequence of rejecting me? the
triumph of oppression. How in a case like this
there is nothing singular nor improbable: a thousand
such might a man figure to himself with ease.

Having proceeded thus far I will venture to advance
A witness mighttherefore not
to be rejected even
for Perjury this position that a man's testimony ought
not to be rejected at all events even for the crime of
Perjury: in not for Perjury, it will follow a portion
not for any other crime. I will just offer mention a further
consideration or two in support of this opinion: I
will then give a short sketch of the evil consequences
that result from such an absolute rejection:
I will thirdly offer an expedient which
I think would answer be equally well calculated to produce the good effect every good purpose of it: and
lastly I will state the different degrees of reason there
may be for extending the incapacity to the different
crimes that may be proposed.

Now then let the crime of which the witness has been
A witness ought not
to be rejected even
for Perjury convicted be that of Perjury. He has however no
natural inducement interest to speak false: if he has, that
forms another ground of disability which is not here
in question. If then he has an artificial interest
it is the party that must give it him. But in
this case the party must be a suborner: unless then
he have been found already convicted of subornation on a former occasion

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Identifier: | JB/141/146/002 "JB/" can not be assigned to a declared number type with value 141.
Date_1		Marginal Summary Numbering	not numbered
Box	141	Main Headings	rationale of punishment
Folio number	146	Info in main headings field	punishment in alienam personam
Image	002	Titles	incompetency
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f55 / f56 / f57 / f58
Penner	jeremy bentham	Watermarks	[[watermarks::l v g propatria [britannia motif]]]
Marginals	jeremy bentham	Paper Producer	caroline vernon
Corrections		Paper Produced in Year
Notes public		ID Number	48363
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