JB/047/004/003

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The latter method footing seems much the best –

In the 1st place – because the Judge not having
[before hand] the those circumstances which being
known to the witness determine the real degree
of intensity with which he conceives the
fact, will not be able to know with what
degree of intensity to require that he should
express his conception.

2dly That if a certain degree be fixed upon
[for every case], whatever2 be that degree, it
must often happen that the witness cannot with
a safe conscience stretch the intensity of his
averment up to it.

3. That degree ought to must be such, as shall
serve for a foundation one way or other, or
it is nothing – nowa

The accuracy of the recollection depends (even
in the same man) not solely upon the freshness
of the occurrence: but also on the its aptitude
to make an impression (if full the sharpness
of that impression) in the mind of any observer
& of that observer in particular.

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A exercise one of Friendship or the sordid one of
Lucre – The 1st indicates a fund of virtue in
the character tho' in the particular instance mistakenly
applied – When apparent, it may chance
to raise in the spectators an esteem of the general character strong
enough even to counterbalance weigh down the disapprobation
of the particular act in which it has manifested
itself. The 2d excites abhorrence and contempt,
unmixed with any sentiment of approbation.

It is a [great] misfortune of no expedient that
can be put in practise by a Court of Justice,
can enable it to find out which of those has been
the , so as to make a difference accordingly
in point of punishment.

EXHORTATIONS
A heart warm and
intrepid, will find
in the every magnitude
of the punishment
an incentive
to the crime. You
do nothing by threatening,
unless you
can persuade.

It is here that the directive office authority of the Legislator
may be exercised will come in with peculiar propriety. – O people, might
he say, the love of country is worthier than the
love of friends even of virtuous friends. Much less is a friend any a man worthy that
his friend should save him by Perjury from
the just punishment of his Crimes. He sins therefore against
conscience, who thus offends against the Law.

[BR.[4]

Identifier: | JB/047/004/003"JB/" can not be assigned to a declared number type with value 47.
Date_1		Marginal Summary Numbering
Box	047	Main Headings	evidence
Folio number	004	Info in main headings field	perjury
Image	003	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c4
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [lion with crown motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	14872
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