JB/095/079/001

Click Here To Edit

It is an unpleasing reflection, when one not only comes toa problem, such as that not only one for which one knows no method
of solving for the present, but of which one one even sees proves the impossibility of its ever being brought
to a resolution.

Such is the case of the 1st of those on that quantity is the number of Pounds pr year if from capital or
Pounds a year for an annual income that is to be exacted as qualification

it cannot be expected that
any rate that can be given
can fix express the stamp of propriety
upon any single degree
of the scale in exclusion to those which are contiguous

Actual property of both kinds has this advantage before above rank whether
from property is or otherwise

With respect to the quantity even of a qualification that is the number of Pounds required for is limited on the side of increase
a fact which is <add> capable of being
established & which
when established cuts
off all disputes
a capital or for an annual income, it cannot be expected that any

it cannot be expected that
any measure of the propriety should be

no certain rule therefore can be established for terminating the alterations that must & then
arise, when all that can be paid by the of any number against that of another
except that he who it should be in the
power of he contends for the lesser
number could shew
by ... as probable
calculate
such number be shewn
to stand limited on the ends of
by the number of persons
that are possessed of it

As shew the numbers of
persons to be insufficient
that there are not a
sufficient number <lb?> of possessed
of more qualification
larger than that which he
contends for

</note>that shall apply to one
number to the exclusion
of those</note>

the number of
persons possessed
of any greater
qualifications not
to be sufficient for
the office

Clear value. Clear of what? nothing impartial or being expressed, the natural answer
seems to be clear of every thing [deductions whatsoever] all deductions <add> thing: & yet I am apt to suspect that 2 Prices was
meant to be expected <add> not intended to be one because in the common estimate of a man's income no such deduction it is not in order
is not made: 2d because these Taxes are an accidental charge, which cannot be ascertained In of for there
than a year by two properties& a would be liable by the it's fluctuation of it to be alternately
qualified & disqualified] it never being ascertained for more than year together what it shall be or whether it shall be at all
40£ a year being for so long <add> meaning 40£ for every a true year that the estate last, can hardly be said to be rendered
less than 40£ a year by a charge the continuance of which is but for me.

enjoyment disputed by an accidental interruption

I say "meant" for what degree of intensity in the assertion shall be necessary to ground a conviction
for Perjury, is a matter that seems either not to be determined in point of positive Law
or determined if at all against what the Idea that</add> is assured by which Statutes we have referred to those Acts we have been speaking of: what in point
of reason and utility is a matter that demands a very particular & deliberate enquiry for which can have there is
any one passage in the Oath is "that you are only one years of age as you believe": and the Act
says that if in case any any, a person taking the said Oath ... shall thereby
commit wilful Perjury " ... he shall incur" such & such Penalties — [Now] this by the way is what according to Sr Edw.
Coke is what a man cannot do by any Oath be it ever so false that is not judicial.
The instances which he alledges be ( there of a breach of promise do not indeed prove his position — that writer confounding as is the case with
all our Lawyers) Oaths asserting with Oaths promissory with that or to speak more properly, Oaths ,
of his, in proof of the impracticality of convicting a man of Perjury for a false Oath
with Vows.

Be this as it may Another reason founded on his opinion argument doctrine of his, in proof of the impracticality of convicting a man of Perjury for a false Oath depending in a manner
qualified a
and which applies is about to those the principal cases before us, as well as this
may perhaps meet the with the more regard; because as he has given no reason, and therefore no bad one (by having given no reason at all, he has escaped giving a <add> bad one
we must according to the etiquette practiced upon those occasions but to suppose a good one
it is no more than what the compleat practiced upon those occasions and, favour of authors
who have the merit of having written a certain number of years ago requires, suppose
a good "The deposition" (says he) (even in a judicial proceeding) "must be direct & positive absolutely
& not, as he thinketh, or remembereth, or believeth or the like. 3. Inst. 166.
Thus stands the matter, according if <sic.pr.</sic> Edw. Coke's is to be depended upon opinion is to be the rule, at common Law: if a

Identifier: | JB/095/079/001"JB/" can not be assigned to a declared number type with value 95.
Date_1		Marginal Summary Numbering	not numbered
Box	095	Main Headings
Folio number	079	Info in main headings field	qualification iii
Image	001	Titles
Category	text sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [lion with vryheyt motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	30965
Box Contents