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<p><head>EVIDENCE. <add>1*</add> Number</head></p> | |||
<head>EVIDENCE. <add>1*</add>< | <p>reach him. I must not indeed dispensible that the preamble states that two witnesses<lb/> | ||
<p>reach him. I must not indeed dispensible that the preamble states that two witnesses | had originally deposed to the treasonable <del>part</del> <add>act</add> of which he was accused <add>Indicted from the</add> , by the evasion<lb/> | ||
<lb/> | of one of whom <add>it was that</add> the deficiency accrued which was thus to be supplied : but I<lb/> | ||
had originally deposed to the treasonable <del> | think it will hardly be contended <add>thought</add> that the testimony of 2 witnesses examined on<lb/> | ||
<lb/> | one side only and in secret is more than an equivalent for that of one – exam<lb/> | ||
of one of whom <add>it was that</add> the deficiency accrued which was thus to be supplied : but I | <del><unclear>if</unclear></del> in open Court & cross-examined.</p> | ||
<lb/> | <p>It is easy to conceive that in the event of things , the efficacy whether good or bad<lb/> | ||
think it will hardly be contended <add>thought</add> that the testimony of 2 witnesses examined on | of this provision ; <add>there being all probability that</add> the same <add>sense of</add> necessity which dictated one parliamentary infraction<lb/> | ||
<lb/> | <del>being</del> in a similar conjuncture would dictate <add>to the same authority</add> another: <add>[taught &]</add> justified & instructed by<lb/> | ||
one side only and in secret is more than an equivalent for that of one | by this example . Each succeeding Administration (we may venture to pronounce<lb/> | ||
<lb/> | for the purpose as well as that of Forfeiture & Corruption of Blood) thinking, (& I<lb/> | ||
<del><unclear>if</unclear></del> in open Court & cross-examined. | see not why not justly) itself entitled to take the same precautions for it's <unclear>security</unclear><lb/> | ||
as a preceding : are in <add>especially</add> particular <del>that has not been <add>to which whose conduct</add></del> <add>the memory of which</add> is not marked <del>by any <gap/></del> <add>by History with <unclear>a</unclear></add><lb/> | |||
<p | disapprobation <add>particular stigma</add><hi rend='superscript'>+</hi> <note>+ Qu - a little about this .</note>.</p> | ||
<lb/> | <p>If <add>the testimony of</add> a single witness was then sufficient , <del>to render</del> it is so now & will be hereafter:<lb/> | ||
of this provision ; <add>there being all probability that</add> the same <add>sense of</add> necessity which dictated one parliamentary | the same reasons that were urged for the suspension of this provision , <unclear>will</unclear><lb/> | ||
<lb/> | be urged with the same reason & probably with the same success , anothers <gap/><lb/> | ||
<del | old course of Justice will <add>be made to</add> take place notwithstanding this irregular attempt to stop<lb/> | ||
<lb/> | it , only in the guise of hardship & injustice.</p> | ||
by this example . Each succeeding Administration (we may venture to pronounce | <p><note>To repeal this provision will<lb/> | ||
<lb/> | only be to restore the old Common-Law –<lb/> | ||
for the purpose as well as that of Forfeiture & | Whoever will <del>take</del> the pains to<lb/> | ||
<lb/> | peruse the <gap/> Histories of Trials<lb/> | ||
see not why not justly) itself entitled to take the same precautions for it's <unclear> | for Treason which we have extant<lb/> | ||
<lb/> | will find , I believe, the violence<lb/> | ||
as a preceding : are in <add>especially</add> particular <del>that <add | & injustice that has been done brought<lb/> | ||
<lb/> | about by <add>rather by</add> other means <add>methods</add> than by<lb/> | ||
disapprobation <add>particular stigma</add> <hi rend='superscript'>+</hi> <note>+ Qu - a little about this .</note>. | those against which this provision<lb/>can be a remedy. To abridge &<lb/> | ||
criticize all those Trials will not <add>is what <lb/> | |||
ever not be exploited</add> [come within by <add>the</add> compass of this work.]<lb/> | |||
<p>If <add>the testimony of</add> a single witness was then sufficient , <del>to render</del> it is so now & will be | For the work must have it's bounds.<lb/> | ||
<lb/> | But why must we expect forever<lb/> | ||
the extremity of violence & injustice:<lb/> | |||
<lb/> | has there not been continually less &<lb/> | ||
be urged with the same reason & probably with the same success , anothers <gap/> | less up to the present time? Nay,<lb/> | ||
<lb/> | was there any at all chosen in the<lb/> | ||
old course of Justice will <add>be made to</add> take place notwithstanding this irregular attempt to stop | Trials after the last Rebellion?<lb/> | ||
<lb/> | To calm the inquietude of every<lb/> | ||
it , only in the guise of hardship & injustice. | man's apprehensions is impossible: and security <add><gap/></add> is not to be purchased by more Laws: all<lb/> | ||
that can be done towards it by them is to take care that [they] <add>what there are</add> shall be stronger Barriers <unclear>against</unclear><lb/> | |||
the oppression of innocence than against the punishment of Guil : But this is a stronger<lb/> | |||
against the punishment of Guilt than against the oppression of innocence.</note></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
EVIDENCE. 1* Number
reach him. I must not indeed dispensible that the preamble states that two witnesses
had originally deposed to the treasonable part act of which he was accused Indicted from the , by the evasion
of one of whom it was that the deficiency accrued which was thus to be supplied : but I
think it will hardly be contended thought that the testimony of 2 witnesses examined on
one side only and in secret is more than an equivalent for that of one – exam
if in open Court & cross-examined.
It is easy to conceive that in the event of things , the efficacy whether good or bad
of this provision ; there being all probability that the same sense of necessity which dictated one parliamentary infraction
being in a similar conjuncture would dictate to the same authority another: [taught &] justified & instructed by
by this example . Each succeeding Administration (we may venture to pronounce
for the purpose as well as that of Forfeiture & Corruption of Blood) thinking, (& I
see not why not justly) itself entitled to take the same precautions for it's security
as a preceding : are in especially particular that has not been to which whose conduct the memory of which is not marked by any by History with a
disapprobation particular stigma+ + Qu - a little about this ..
If the testimony of a single witness was then sufficient , to render it is so now & will be hereafter:
the same reasons that were urged for the suspension of this provision , will
be urged with the same reason & probably with the same success , anothers
old course of Justice will be made to take place notwithstanding this irregular attempt to stop
it , only in the guise of hardship & injustice.
To repeal this provision will
only be to restore the old Common-Law –
Whoever will take the pains to
peruse the Histories of Trials
for Treason which we have extant
will find , I believe, the violence
& injustice that has been done brought
about by rather by other means methods than by
those against which this provision
can be a remedy. To abridge &
criticize all those Trials will not is what
ever not be exploited [come within by the compass of this work.]
For the work must have it's bounds.
But why must we expect forever
the extremity of violence & injustice:
has there not been continually less &
less up to the present time? Nay,
was there any at all chosen in the
Trials after the last Rebellion?
To calm the inquietude of every
man's apprehensions is impossible: and security is not to be purchased by more Laws: all
that can be done towards it by them is to take care that [they] what there are shall be stronger Barriers against
the oppression of innocence than against the punishment of Guil : But this is a stronger
against the punishment of Guilt than against the oppression of innocence.
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Identifier: | JB/051/027/001"JB/" can not be assigned to a declared number type with value 51. |
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051 |
evidence; procedure code |
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027 |
evidence number |
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001 |
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text sheet |
1 |
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recto |
c1* |
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jeremy bentham |
[[watermarks::j honig & zoonen [lion with vryheyt motif]]] |
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cc1 |
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16192 |
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