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<head>1827 <sic>Oct.</sic> 12 D +3 <!-- in pencil -->A<lb/>Procedure Code</head> <p><note><!-- numbers in pencil --> 2<hi rend="superscript">o</hi><lb/> Preparatory Resolution</note><lb/>(1 <note>§ 4 No Oath</note></p> <p>☞ This before Procedure?</p> <p> ☞ 1828 <sic>Nov</sic> 15. Supposed <sic>supercded</sic><lb/>all this about Oaths by the Petition for Justice</p> <p><note>1<lb/>Justice of decision<lb/> depends on <del>correctness and</del> <add>verity</add> <lb/> <del><sic>compleatness</sic></del> of evidence</note></p> <p>That <del>the security against <add>afforded</add> </del> in every instance in so<lb/> far as the <add>judicial</add> decision turns on the question of fact the <del><gap/></del> <add>justice</add> uniformity<lb/> of that same decision to justice depends on the <add>verity or say the</add> correctness<lb/>and <add>the</add> relative <sic>compleatness</sic> of the evidence | <head>1827 <sic>Oct.</sic> 12 D +<hi rend="superscript">3</hi> <!-- in pencil -->A<lb/>Procedure Code</head> <p><note><!-- numbers in pencil --> 2<hi rend="superscript">o</hi><lb/> Preparatory Resolution</note><lb/> (1) (1 <note>§ 4 No Oath</note></p> <p>☞ This before Procedure?</p> <p> ☞ 1828 <sic>Nov</sic> 15. Supposed <sic>supercded</sic><lb/>all this about Oaths by the Petition for Justice</p> <!-- marginal notes have a pencil O to the right of the number in each case --><p><note>1<lb/>Justice of decision<lb/> depends on <del>correctness and</del> <add>verity</add> <lb/> <del><sic>compleatness</sic></del> of evidence</note></p> <p>That <del>the security against <add>afforded?</add> </del> in every instance in so<lb/> far as the <add>judicial</add> decision turns on the question of fact the <del><gap/></del> <add>justice</add> uniformity<lb/> of that same decision to justice depends on the <add>verity or say the</add> correctness<lb/>and <add>the</add> relative <sic>compleatness</sic> of the evidence on which it is<lb/>grounded.</p> <p><note>2<lb/> Security for verity<lb/> should be applicable to all</note></p> <p>That the security afforded <add>provided</add> for such verity<lb/>by means <add>in the shape</add> of punishment for falsity <add><sic>falshood</sic></add> whether wilful and<lb/> thereby criminal or through <add>for</add> want of the attention and thereby<lb/>culpable ought to be <del><gap/> of</del> in its nature such of which<lb/>all persons are alike sensible, and not of the sort to which<lb/>in an indefinitely large proportion it may happen to <unclear>seem</unclear> to<lb/> be insensible</p> <p><note>3<lb/> <del>Course taken</del> For obtaining<lb/>security course taken by the<lb/> judicial authority of minute<lb/>importance compared to<lb/> that taken by the legislative<lb/> authority</note></p> <p>That in comparison of the course taken by the<lb/> legislative authority in respect of <add>relation to</add> any species of acts lawful<lb/> or unlawful contracts for instance and conveyance or<lb/> crimes the importance of the course taken by the<lb/> judicial authority in relation to individual acts of these<lb/> same species is indefinitely and incontestably <add>manifestly</add> minute<lb/> yet for securing verity in the evidence on which the acts<lb/> of legislative authority is grounded this House has at all<lb/> times contented itself with such security <del><gap/></del> as is afforded<lb/> by punishment if the nature of those to which all men are<lb/> sensible without the addition of that to which <del>in</del> so deplorable<lb/> a proportion men are liable to be insensible.</p> <p><note>4<lb/>If the words of Jesus<lb/> Swear not at all do not<lb/> prohibit judicial oaths they<lb/> do not command them</note></p> <p>That if it be admitted that the words of Jesus<lb/> Swear not at all <del><gap/></del> were not intended <add>designed</add> to <unclear>consent</unclear> <add>include</add> the parties<lb/> taken of the act of swearing as applied to the purpose of<lb/> <del>securing</del> affording a security against <del><gap/> <sic>falshood</sic></del> <add><sic>falshood</sic> in testimony</add><lb/> delivered on a judicial occasion or for a judicial purpose<lb/><del>it</del> still it <del>will be <gap/></del> <add>can</add> never have been nor ever can be<lb/> supposed that the process had any such intention or that <add><gap/></add> commanding <lb/> <!-- continues in margin --> the application of this<lb/><unclear>secure</unclear> ceremony on<lb/> every occasion or even<lb/> on any occasion to<lb/> that same purpose</p> | ||
1827 Oct. 12 D +3 A
Procedure Code
2o
Preparatory Resolution
(1) (1 § 4 No Oath
☞ This before Procedure?
☞ 1828 Nov 15. Supposed supercded
all this about Oaths by the Petition for Justice
1
Justice of decision
depends on correctness and verity
compleatness of evidence
That the security against afforded? in every instance in so
far as the judicial decision turns on the question of fact the justice uniformity
of that same decision to justice depends on the verity or say the correctness
and the relative compleatness of the evidence on which it is
grounded.
2
Security for verity
should be applicable to all
That the security afforded provided for such verity
by means in the shape of punishment for falsity falshood whether wilful and
thereby criminal or through for want of the attention and thereby
culpable ought to be of in its nature such of which
all persons are alike sensible, and not of the sort to which
in an indefinitely large proportion it may happen to seem to
be insensible
3
Course taken For obtaining
security course taken by the
judicial authority of minute
importance compared to
that taken by the legislative
authority
That in comparison of the course taken by the
legislative authority in respect of relation to any species of acts lawful
or unlawful contracts for instance and conveyance or
crimes the importance of the course taken by the
judicial authority in relation to individual acts of these
same species is indefinitely and incontestably manifestly minute
yet for securing verity in the evidence on which the acts
of legislative authority is grounded this House has at all
times contented itself with such security as is afforded
by punishment if the nature of those to which all men are
sensible without the addition of that to which in so deplorable
a proportion men are liable to be insensible.
4
If the words of Jesus
Swear not at all do not
prohibit judicial oaths they
do not command them
That if it be admitted that the words of Jesus
Swear not at all were not intended designed to consent include the parties
taken of the act of swearing as applied to the purpose of
securing affording a security against falshood falshood in testimony
delivered on a judicial occasion or for a judicial purpose
it still it will be can never have been nor ever can be
supposed that the process had any such intention or that commanding
the application of this
secure ceremony on
every occasion or even
on any occasion to
that same purpose
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Identifier: | JB/057/299/001"JB/" can not be assigned to a declared number type with value 57. |
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1827-10-12 |
1-4 |
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057 |
procedure code |
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299 |
procedure code |
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001 |
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text sheet |
1 |
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recto |
c1 / e1 |
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jeremy bentham |
brocklesby & morbey 1827 |
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edmund henry barker |
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1827 |
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[[notes_public::"1828 nov. 15 supposed superseded all this about oaths by the petition for justice" [note in bentham's hand]]] |
18629 |
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