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<head>1827 <sic>Oct.</sic> 12<lb/> Procedure Code</head> <p><note>Preparatory Resolution<lb/> § . No Oath</note></p> <!-- figures in pencil --> <p>(3) (3</p> <!-- all numbered marginal notes have a O in pencil to the right of the number --><p><note>8<lb/>In civil cases Quakers are<lb/> exempted from oaths</note></p> <p>That by special <gap/> in all cases <sic>stiled</sic> <del><gap/></del><lb/> <hi rend="underline">civil</hi> the people <add>every person</add> called Quakers have been exempted from<lb/> the obligation of <del><gap/> <gap/></del> performing the act of swearing on<lb/> the occasion of their <add>the</add> delivering of judicial testimony: <del>their</del><add> and</add><lb/><del><gap/></del> on all such occasions their testimony has been<lb/>checked their refusal to perform such act notwithstanding<lb/> <del>no</del> from such exemption has any inconvenience been ever<lb/>alledged to have been produced</p> <p><note> 9<lb/> If no inconvenience <add>from this exemption</add> in the<lb/> instance of civil cases there<lb/> would be none in the<lb/> instance of criminal cases</note></p> <p>That as in the cases <sic>stiled</sic> <hi rend="underline">civil</hi> no inconvenience has<lb/> had place, it seems <add> <gap/></add> not unreasonable that neither in the cases <sic>stiled</sic> <!-- continues into the margin --> criminal would any<lb/> inconvenience have place<lb/> for <add>a moment</add> in cases <sic>stiled</sic> civil<lb/>the suffering <add>capable of being</add> produced <lb/> by testimony <del><gap/></del> has<lb/> been and is that produced<lb/> by a total loss of<lb/> propriety to preserve<lb/> themselves from which<lb/>persons have been known<lb/> to <sic>submitt</sic> to imprisonment <lb/> for life: and with the exception of<lb/> cases of capital punishment,<lb/> to no greater<lb/> suffering are men <del>exposed</del><lb/> capable of being exposed<lb/>by testimony in cases<lb/> called <hi rend="underline">criminal</hi>: <lb/> and<lb/> independently<lb/> if all <add> fear of</add> punishment the case<lb/> in which death would be<lb/> the result of testimony in<lb/> this case in which <del><gap/></del><lb/> wilfully false testimony<lb/> leading to the production<lb/> of <del><gap/></del> undue punishment<lb/> is least to be apprehended.</p> <p><note>10<lb/> Superior trustworthiness<lb/> of <foreign>vivavoce</foreign> <del><gap/></del> evidence<lb/> with cross examination over<lb/> affidavit evidence, universally<lb/> acknowledged</note></p> <p>That the differences in respect of trustworthiness between<lb/> evidence declared <foreign>viva voce</foreign> under the check of cross examination<lb/> and evidence delivered in the shape of affidavit evidence is<lb/>matter of <unclear>normal</unclear> acknowledgement and the almost <add>little less than</add> universality<lb/> of perjury in the case of affidavit evidence neither<lb/> of universal observation and experience: yet in both these <lb/>cases the act of swearing is the same so that by this observation<lb/> and inference it is established that of the act of swearing taken<lb/> by itself the good effect is next to nothing</p> <p><note>11<lb/> For prevention of perjury<lb/> the only mode would be<lb/> the abolition of oaths</note></p> <p>That if the prevention of perjury is the object, the<lb/> only mode by which it can be effected and that must at the<lb/> same time a sure one as the abolition of the act <add>procedure in question, the practice</add> of swearing<lb/>that <add>as</add> it is by the <del><gap/></del> execution of the act of swearing that all the<lb/><del>pej</del> perjury that has had place has been produced, so by the<lb/> abolition of that practice all perjury would for ever be made<lb/> to cease if perjury be set as crime, <del>it is by legislators</del><lb/> | <head>1827 <sic>Oct.</sic> 12<lb/> Procedure Code</head> <p><note>Preparatory Resolution<lb/> § . No Oath</note></p> <!-- figures in pencil --> <p>(3) (3</p> <!-- all numbered marginal notes have a O in pencil to the right of the number --><p><note>8<lb/>In civil cases Quakers are<lb/> exempted from oaths</note></p> <p>That by special <gap/> in all cases <sic>stiled</sic> <del><gap/></del><lb/> <hi rend="underline">civil</hi> the people <add>every person</add> called Quakers have been exempted from<lb/> the obligation of <del><gap/> <gap/></del> performing the act of swearing on<lb/> the occasion of their <add>the</add> delivering of judicial testimony: <del>their</del><add> and</add><lb/><del><gap/></del> on all such occasions their testimony has been<lb/>checked their refusal to perform such act notwithstanding<lb/> <del>no</del> from such exemption has any inconvenience been ever<lb/>alledged to have been produced</p> <p><note> 9<lb/> If no inconvenience <add>from this exemption</add> in the<lb/> instance of civil cases there<lb/> would be none in the<lb/> instance of criminal cases</note></p> <p>That as in the cases <sic>stiled</sic> <hi rend="underline">civil</hi> no inconvenience has<lb/> had place, it seems <add> <gap/></add> not unreasonable that neither in the cases <sic>stiled</sic> <!-- continues into the margin --> criminal would any<lb/> inconvenience have place<lb/> for <add>a moment</add> in cases <sic>stiled</sic> civil<lb/>the suffering <add>capable of being</add> produced <lb/> by testimony <del><gap/></del> has<lb/> been and is that produced<lb/> by a total loss of<lb/> propriety to preserve<lb/> themselves from which<lb/>persons have been known<lb/> to <sic>submitt</sic> to imprisonment <lb/> for life: and with the exception of<lb/> cases of capital punishment,<lb/> to no greater<lb/> suffering are men <del>exposed</del><lb/> capable of being exposed<lb/>by testimony in cases<lb/> called <hi rend="underline">criminal</hi>: <lb/> and<lb/> independently<lb/> if all <add> fear of</add> punishment the case<lb/> in which death would be<lb/> the result of testimony in<lb/> this case in which <del><gap/></del><lb/> wilfully false testimony<lb/> leading to the production<lb/> of <del><gap/></del> undue punishment<lb/> is least to be apprehended.</p> <p><note>10<lb/> Superior trustworthiness<lb/> of <foreign>vivavoce</foreign> <del><gap/></del> evidence<lb/> with cross examination over<lb/> affidavit evidence, universally<lb/> acknowledged</note></p> <p>That the differences in respect of trustworthiness between<lb/> evidence declared <foreign>viva voce</foreign> under the check of cross examination<lb/> and evidence delivered in the shape of affidavit evidence is<lb/>matter of <unclear>normal</unclear> acknowledgement and the almost <add>little less than</add> universality<lb/> of perjury in the case of affidavit evidence neither<lb/> of universal observation and experience: yet in both these <lb/>cases the act of swearing is the same so that by this observation<lb/> and inference it is established that of the act of swearing taken<lb/> by itself the good effect is next to nothing</p> <p><note>11<lb/> For prevention of perjury<lb/> the only mode would be<lb/> the abolition of oaths</note></p> <p>That if the prevention of perjury is the object, the<lb/> only mode by which it can be effected and that must at the<lb/> same time a sure one as the abolition of the act <add>procedure in question, the practice</add> of swearing<lb/>that <add>as</add> it is by the <del><gap/></del> execution of the act of swearing that all the<lb/><del>pej</del> perjury that has had place has been produced, so by the<lb/> abolition of that practice all perjury would for ever be made<lb/> to cease if perjury be set as crime, <del>it is by legislators</del><lb/>subornation of perjury is the <del><gap/></del> lie as crime of all<lb/> legislators by whose authority the act of swearing has been <del><gap/></del> <add>cursed</add><lb/> and of all such by whom it will be cursed in future.</p> | ||
1827 Oct. 12
Procedure Code
Preparatory Resolution
§ . No Oath
(3) (3
8
In civil cases Quakers are
exempted from oaths
That by special in all cases stiled
civil the people every person called Quakers have been exempted from
the obligation of performing the act of swearing on
the occasion of their the delivering of judicial testimony: their and
on all such occasions their testimony has been
checked their refusal to perform such act notwithstanding
no from such exemption has any inconvenience been ever
alledged to have been produced
9
If no inconvenience from this exemption in the
instance of civil cases there
would be none in the
instance of criminal cases
That as in the cases stiled civil no inconvenience has
had place, it seems not unreasonable that neither in the cases stiled criminal would any
inconvenience have place
for a moment in cases stiled civil
the suffering capable of being produced
by testimony has
been and is that produced
by a total loss of
propriety to preserve
themselves from which
persons have been known
to submitt to imprisonment
for life: and with the exception of
cases of capital punishment,
to no greater
suffering are men exposed
capable of being exposed
by testimony in cases
called criminal:
and
independently
if all fear of punishment the case
in which death would be
the result of testimony in
this case in which
wilfully false testimony
leading to the production
of undue punishment
is least to be apprehended.
10
Superior trustworthiness
of vivavoce evidence
with cross examination over
affidavit evidence, universally
acknowledged
That the differences in respect of trustworthiness between
evidence declared viva voce under the check of cross examination
and evidence delivered in the shape of affidavit evidence is
matter of normal acknowledgement and the almost little less than universality
of perjury in the case of affidavit evidence neither
of universal observation and experience: yet in both these
cases the act of swearing is the same so that by this observation
and inference it is established that of the act of swearing taken
by itself the good effect is next to nothing
11
For prevention of perjury
the only mode would be
the abolition of oaths
That if the prevention of perjury is the object, the
only mode by which it can be effected and that must at the
same time a sure one as the abolition of the act procedure in question, the practice of swearing
that as it is by the execution of the act of swearing that all the
pej perjury that has had place has been produced, so by the
abolition of that practice all perjury would for ever be made
to cease if perjury be set as crime, it is by legislators
subornation of perjury is the lie as crime of all
legislators by whose authority the act of swearing has been cursed
and of all such by whom it will be cursed in future.
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jeremy bentham |
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