★ Find a new page on our Untranscribed Manuscripts list.
No edit summary |
No edit summary |
||
| (4 intermediate revisions by 2 users not shown) | |||
| Line 3: | Line 3: | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
<head>1827 <sic>Oct.</sic> 12<lb/>Procedure Code</head | <head>1827 <sic>Oct.</sic> 12<lb/> | ||
Procedure Code</head> <!-- numbers in pencil --> | |||
<p><note>Preparatory Resolutions<lb/> | |||
No Oaths</note><lb/> | |||
(2) (2 </p> | |||
<!-- all numbered marginal notes have an O on pencil after the number --> | |||
<p><note>5<lb/> | |||
Oaths applied as a security<lb/> | |||
for verity & as a condition<lb/> | |||
for the admission of witness<lb/> | |||
productive of great evils</note></p> | |||
<p><note>6<lb/> | |||
If Oaths be constructed as<lb/> | |||
a prayer for punishment<lb/> | |||
from God in case of <sic>falshood</sic><lb/> | |||
they will have no effect<lb/> | |||
in those who do not believe<lb/> | |||
that such punishment<lb/> | |||
would follow the uttering<lb/> | |||
the <sic>falshood</sic></note></p> | |||
<p>That by the acceptance of the act of swearing as<lb/> | |||
a security against testimonial <sic>falshood</sic>, coupled with the exaction<lb/> | |||
of it as a condition to the admission of the individual<lb/> | |||
in the character of a witness to deliver his testimony <lb/> | |||
practical evil to a vast amount has at all times<lb/> | |||
been the result, and that <del>from</del> by <del><gap/></del> recent <gap/> <add> practice</add><lb/> | |||
this evil, unless <sic>stopt</sic> <del>will <gap/> <gap/> to such<lb/> | |||
a degree <gap/></del> power will be given to every man at pleasure<lb/> | |||
to give impunity <del>at <gap/></del> and the effect of pardon to crime <add> all sorts of crimes</add> <lb/> | |||
in every imaginable shape; and the determination with which<lb/> | |||
Judges have with their eyes open Judges have <del><gap/></del> concurred in <!-- continues into the margin --> the establishment of this<lb/> | |||
all comprehensive impunity<lb/> | |||
<del>affords of</del> <add>would of itself</add><lb/> | |||
if all others were wanting be<lb/> | |||
<del>itself</del> a sufficient<lb/> | |||
warrant <add>demand</add> for a thorough<lb/> | |||
legislative<lb/> | |||
examination into<lb/> | |||
the state of the Judicial<lb/> | |||
Establishment as well<lb/> | |||
as that of Judicial<lb/> | |||
procedure <!-- brackets in pencil --> [as carried<lb/> | |||
on by it.]</p> | |||
<p>That if the <del>eff</del> object or effect of the act called<lb/> | |||
swearing be <add> no other than that of calling on Almighty God the praying <unclear>here</unclear></add> to pray or endeavour to engage Almighty<lb/> | |||
God to visit with punishment in a <add>the</add> future life the size of<lb/> | |||
<sic>falshood</sic> on <add>of</add> the occasion in question committed, the real<lb/> | |||
security even by this act be afforded in the case of <del><gap/></del><lb/> | |||
any person by whom it is not likened that that same<lb/> | |||
prayer will be followed by compliance: and it is manifest<lb/> | |||
that <del> this <gap/> <gap/> of <gap/></del> <add>of those <del>by <gap/></del> on whose part/instance</add> by fear of temporal<lb/> | |||
punishment or <del><gap/></del> acceptance in hope of eventual reward<lb/> | |||
<del><gap/></del> some act of swearing is produced there may be those<lb/> | |||
in any number on whose natures no such belief has<lb/> | |||
place.</p> | |||
<p><note>7<lb/> | |||
It can not be supposed that<lb/> | |||
if the legislature were to<lb/> | |||
inhibit judicial oaths the<lb/> | |||
punishment implicated by the<lb/> | |||
almighty for falsehood<lb/> | |||
would cease</note></p> | |||
<p>That it never has been nor ever can be supposed<lb/> | |||
that the supposing the legislation to <del><gap/></del> inhibit the execution<lb/> | |||
or receipt of the act of swearing on <add><del>as</del></add> the occasion in question<lb/> | |||
as a security against testimonial <sic>falshood</sic> the punishment<lb/> | |||
allotted by the Almighty whether in this or in a future <add> in that same future life</add> <lb/> | |||
life would be made to cease: but if such punishment will<lb/> | |||
take place it can not consistently with any ideas of <gap/> justice<lb/> | |||
be supposed but that the magnitude of such punishment will <del>be</del> in<lb/> | |||
some way be proportioned to the mischievousness of the offence which<lb/> | |||
<add>in</add><lb/> | |||
<!-- continues in margin --> in different affairs when<lb/> | |||
whether specifically or<lb/> | |||
individually considered<lb/> | |||
as to an indefinite degree<lb/> | |||
different: whereas the<lb/> | |||
main offence committed <lb/> | |||
<!-- continues along the right hand edge --> by the act of swearing in the case <del><gap/></del> where it is preceded or followed by the act of <sic>falshood</sic> is the same in all cases.</p> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1827 Oct. 12
Procedure Code
Preparatory Resolutions
No Oaths
(2) (2
5
Oaths applied as a security
for verity & as a condition
for the admission of witness
productive of great evils
6
If Oaths be constructed as
a prayer for punishment
from God in case of falshood
they will have no effect
in those who do not believe
that such punishment
would follow the uttering
the falshood
That by the acceptance of the act of swearing as
a security against testimonial falshood, coupled with the exaction
of it as a condition to the admission of the individual
in the character of a witness to deliver his testimony
practical evil to a vast amount has at all times
been the result, and that from by recent practice
this evil, unless stopt will to such
a degree power will be given to every man at pleasure
to give impunity at and the effect of pardon to crime all sorts of crimes
in every imaginable shape; and the determination with which
Judges have with their eyes open Judges have concurred in the establishment of this
all comprehensive impunity
affords of would of itself
if all others were wanting be
itself a sufficient
warrant demand for a thorough
legislative
examination into
the state of the Judicial
Establishment as well
as that of Judicial
procedure [as carried
on by it.]
That if the eff object or effect of the act called
swearing be no other than that of calling on Almighty God the praying here to pray or endeavour to engage Almighty
God to visit with punishment in a the future life the size of
falshood on of the occasion in question committed, the real
security even by this act be afforded in the case of
any person by whom it is not likened that that same
prayer will be followed by compliance: and it is manifest
that this of of those by on whose part/instance by fear of temporal
punishment or acceptance in hope of eventual reward
some act of swearing is produced there may be those
in any number on whose natures no such belief has
place.
7
It can not be supposed that
if the legislature were to
inhibit judicial oaths the
punishment implicated by the
almighty for falsehood
would cease
That it never has been nor ever can be supposed
that the supposing the legislation to inhibit the execution
or receipt of the act of swearing on as the occasion in question
as a security against testimonial falshood the punishment
allotted by the Almighty whether in this or in a future in that same future life
life would be made to cease: but if such punishment will
take place it can not consistently with any ideas of justice
be supposed but that the magnitude of such punishment will be in
some way be proportioned to the mischievousness of the offence which
in
in different affairs when
whether specifically or
individually considered
as to an indefinite degree
different: whereas the
main offence committed
by the act of swearing in the case where it is preceded or followed by the act of falshood is the same in all cases.
|
Identifier: | JB/057/300/001"JB/" can not be assigned to a declared number type with value 57. |
|||
|---|---|---|---|
|
1827-10-12 |
5-7 |
||
|
057 |
procedure code |
||
|
300 |
procedure code |
||
|
001 |
|||
|
text sheet |
1 |
||
|
recto |
c2 / e2 |
||
|
jeremy bentham |
|||
|
18630 |
|||
