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<head>PERJURY - Intensity of averment.</head> | <head>PERJURY - Intensity of averment. 1</head> | ||
<note>PERJURY. Intensity of averment. BR 1</note> | |||
<p>According to <gap/> Coke, it is not Perjury, if the <del>deposition</del> <add>averment</add><lb/>be <del>qualified with</del> <add>soften'd by</add> such a qualification as "he thinketh<lb/>he remembereth, he believeth, or the like".</p> | <p>According to <gap/> Coke, it is not Perjury, if the <del>deposition</del> <add>averment</add><lb/>be <del>qualified with</del> <add>soften'd by</add> such a qualification as "he thinketh<lb/>he remembereth, he believeth, or the like".</p> | ||
<p>This is his opinion: and upon this the matter rests: for<lb/>I can find no judicial determination upon the point:<lb/>It is however a point of very great importance, & merits<lb/>to be settled in terms more precise, by an Authority<lb/>less equivocal, & as I conceive | <p>This is his opinion: and upon this the matter rests: for<lb/>I can find no judicial determination upon the point:<lb/>It is however a point of very great importance, & merits<lb/>to be settled in terms more precise, by an Authority<lb/>less equivocal, & as I conceive on a side the contrary<lb/> to that which he has taken.</p> | ||
<p><add>It will be without difficulty allowed that</add> there certainly ought not to be any <del>way</del> <add>means that can be taken away</add> left, consistently<lb/>with the <del><gap/></del> <add>protection</add> of innocence, whereby a man called<lb/>upon to give his Testimony, whether concerning his own<lb/>act or situation, or another's, <del>whereby,</del><add><gap/>&</add> meaning to aver<lb/>what is false or conceal what is true he may do it<lb/>without danger.</p> | |||
<p>Now this he might allways do, by <del><gap/><gap/><gap/></del><add>annexing these</add><lb/>qualifications to every article of his deposition, if such<lb/> a qualifications whensoever employed were to save the<lb/><gap/> from the pains of Perjury</p> | |||
<p>And yet these qualifications he must <del>often</del><del><add><gap/></add></del><add>in a multitude of cases</add> at least if</p> | |||
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PERJURY - Intensity of averment. 1 PERJURY. Intensity of averment. BR 1
According to Coke, it is not Perjury, if the deposition averment
be qualified with soften'd by such a qualification as "he thinketh
he remembereth, he believeth, or the like".
This is his opinion: and upon this the matter rests: for
I can find no judicial determination upon the point:
It is however a point of very great importance, & merits
to be settled in terms more precise, by an Authority
less equivocal, & as I conceive on a side the contrary
to that which he has taken.
It will be without difficulty allowed that there certainly ought not to be any way means that can be taken away left, consistently
with the protection of innocence, whereby a man called
upon to give his Testimony, whether concerning his own
act or situation, or another's, whereby,& meaning to aver
what is false or conceal what is true he may do it
without danger.
Now this he might allways do, by annexing these
qualifications to every article of his deposition, if such
a qualifications whensoever employed were to save the
from the pains of Perjury
And yet these qualifications he must oftenin a multitude of cases at least if
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Identifier: | JB/047/001/002"JB/" can not be assigned to a declared number type with value 47. |
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evidence |
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perjury intensity of averment |
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jeremy bentham |
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14869 |
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