JB/055/146/001

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1824. Jany 25 +
Constitutional Procedure Code

Marginals transcriber
This has supposed
superseded 3 July 1825

Ch. Evidence Rules.
§.

19 or 7
Expressed Bill in which the
exclusionary system then
applied has hitherto found
colour and protection.
No man is bound to
accuse himself.

Cloudy and sophisticated as it is, the rule maxim thus expressed
became came to be and continues to be in favour with the people. By no in
In addition to too
be altogether unmerited is this popularity. In its proper acceptation
loftly may be assigned as the efficient a
as will be seen presently, it is consistent with reason and conducive subservient to justice: in its perverted
of the ru exclusionary rule with in particular in the cloudy
acceptation abuse is it in the manner that has been say adverse to
first part . Fear is relative
justice. Nor Even in its perverted acceptation is it without for so it will
to the liable which it does no longer cut then to other
also be seen is it without its uses that though is was any different
The other badness of the fear of punishment and
from any which can be avowed by those by whom it is employed
in particular the of the penal branch of the laws.

20 or 8
Altogether false, however
successful is this colour.
Accusation none. Responsion
yes: accusation no.
Accusation is
a spontaneous responsion
a non spontaneous discourse.
The phrase
on which accusation
employed is — not the
proper expression, but
a mere figure of speech
an instrument of deception
employed by
that of branch of the
art of misrepresentation
which is termed rhetoric.

First as to its proper acceptation. In this acceptation it
presents a rampart against tyranny under the mask of religion.
1. First as to the religion by . If by the of Government
and to in its exercise the tyranny being in England nearly obsolete
the space has been united and by the amount of which
the real value import and value of the rule has then for the most
and be to out, while for the of
part escaped notice, and the value has been ascribed to the improper
it, so to be have and to he wont be subjected
import as above. The tyranny consisted in them.
immediately or perhaps when a few hours perhaps within a
few minutes to hasten beyond conception and pretended
without end, the arrival of it will
produce to his prejudice the same effect as an
of it would have, if brought against him by another man
and supported by proof regarded as . By the
question is his opinion yours? to this state end or to this
is he reduced.

21 or 9
Though false, is it positive:
not altogether
without reason.
In its proper original sense
though not quite correct
in expression, in application
it is reasonable
and subservient to justice.

In its presented application
alone is it
adverse to justice: nor
even then is it without
its use, though a very
different use from any
which can be avowed by
its employers.

Inflamed with hatred and determined to inflict
punishment for the gratification of it the tyrant gives proceeds
to give birth to the offence, that in the offence thus produced by
him the punishment may find a protection

To Into the minds of these men no such conception could
ever make its way as that to self any thing was could be of any value
than that same self: nor that to either self that same self any thing else could be of any value
but money.

The tyrant persecutor insists upon an answer: a positive answer: by for nothing
but such an answer can fulfill his purpose: he insists upon an answer his purpose be fulfilled: an answer he insists upon
having: and and untill it is given uttered, keeps up on foot the punishment. To
the purpose of The Judge, by whom an interrogation of the having the tendency
in question is put to the Defendant, no positive answer is necessary. To
discover the truth in regard to a fact already past is his purpose: and to this purpose under the
circumstances of the case, silence — a negative answer may be as serviceable as a
positive one. the positive answer would be a direct, the negative is a circumstantial evidence.

Identifier: | JB/055/146/001"JB/" can not be assigned to a declared number type with value 55.
Date_1	1824-01-25	Marginal Summary Numbering	19 or 7 - 21 or 9
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	146	Info in main headings field	Procedure Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D10 / E2
Penner		Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17867
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