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<head>1827 <sic>Oct.</sic> 12<lb/>Procedure Code</head> <!-- numbers in pencil --> <p>5 <note>Preparatory Resolutions</note><lb/> (5 <note>No oaths</note></p> <p>the effect given to a <gap/> currency concerning<lb/> of known <gap/></p> <!-- all numbered marginal notes has an O in pencil to the right of the number --><p><note>12<lb/> Falsehood not punished<lb/> <add>but rewarded</add> when unaccompanied by<lb/> an oath <del>but rewa</del></note></p> <p> To the infliction of punishment in any shape for <sic>flashood</sic><lb/> on a judicial occasion or a judicial purpose the coupling of an<lb/> act of swearing with the act of <sic>falshood</sic> has been made necessary.<lb/> <sic>Falshood</sic> has thus remained unpunished: and while thus unpunished<lb/> it has at the same time been rewarded with advantages too great to be <add> the | <head>1827 <sic>Oct.</sic> 12<lb/>Procedure Code</head> <!-- numbers in pencil --> <p>5 <note>Preparatory Resolutions</note><lb/> (5 <note>No oaths</note></p> <p>the effect given to a <gap/> currency concerning<lb/> of known <gap/></p> <!-- all numbered marginal notes has an O in pencil to the right of the number --><p><note>12<lb/> Falsehood not punished<lb/> <add>but rewarded</add> when unaccompanied by<lb/> an oath <del>but rewa</del></note></p> <p> To the infliction of punishment in any shape for <sic>flashood</sic><lb/> on a judicial occasion or a judicial purpose the coupling of an<lb/> act of swearing with the act of <sic>falshood</sic> has been made necessary.<lb/> <sic>Falshood</sic> has thus remained unpunished: and while thus unpunished<lb/> it has at the same time been rewarded with advantages too great to be <add> the template of which has been</add><lb/> resisted by human weakness</p> <p><note>13<lb/>Hence the delay vexation<lb/> & <sic>expence</sic> attached to<lb/> pleadings</note></p> In the <add><del>disposal thus made of the <add> employment /exercise thus given</del></add> exercise thus given by<lb/>Judges to the power of punishment <add>on the one hand</add> and the power of reward <add>on the other</add> <lb/> may be seen the delay vexation and expense attached to the<lb/>practice of <add>written</add> pleading and more especially of special pleading at<lb/> Common law and in Equity and that attached to the proceeding<lb/> by Bill in Equity: the Bill being an instrument on the <gap/><lb/> of which <del>on pain of <gap/> of</del> <sic>falshood</sic> has not not only <add> as constantly/in every case</add> allowed<lb/>and licensed but on pain of denial of justice necessitated,<lb/> <add>if when a party on one side has issued on his part a a <gap/> of <sic>falshood</sic> the other <!-- continues in margin --> party <sic>omitts</sic> to make <lb/> <gap/> — the consequence <del>of<lb/>that <gap/> be <gap/></del> to the party so omitted</add> is the<lb/> loss of his cause:</add></p> <p><del>It is to this subornation of <sic>falshood</sic></del> <add> If the <del>in <gap/> of</del> sum demanded by an actor is £100,000, the</add><lb/> plaintiff must to obtain a chance of success either a quality more<lb/> or less immediate of <sic>falshood</sic>: whereupon if from beginning to end<lb/> the whole instrument is composed of <sic>falshood</sic> and the plaintiff has no<lb/> right whatsoever to the subject matter of the demand, still unless<lb/> after utterance of this instrument the defendant <unclear>results</unclear> be either<lb/>a corespondent instrument containing <gap/> <sic>falshood</sic>, the <del><gap/></del><lb/> £100,000 is taken from him and given <add>made over</add> to the plaintiff by<lb/> the authority of the Judge</p> <p><note>14<lb/> In Pitt's subornation<lb/> of <sic>falshood</sic> <del><gap/> b</del> the<lb/> main cause of the denial<lb/> of justice produced under<lb/> the name of administration<lb/> of justice</note></p> <p><del>It <gap/></del> <add>In</add> this subornation of <sic>falshood</sic> under the existing<lb/> system, <add>invariably</add> practised by all Judges this subornation <del><gap/> <gap/></del> to<lb/> in the mischievousness of its effects not distinguishable from perjury<lb/>may be seen the main cause of that denial of justice by which<lb/> however many in so deplorable a quantity is produced in<lb/> <gap/> of rendering <add> administering</add> justice: and if that vast profit which<lb/> by the <gap/> of the legislation Judges have not only been<lb/>supposed but expressly authorised to draw in <gap/> depending<lb/>on this one pleasure from a <gap/> in <gap/></p> | ||
1827 Oct. 12
Procedure Code
5 Preparatory Resolutions
(5 No oaths
the effect given to a currency concerning
of known
12
Falsehood not punished
but rewarded when unaccompanied by
an oath but rewa
To the infliction of punishment in any shape for flashood
on a judicial occasion or a judicial purpose the coupling of an
act of swearing with the act of falshood has been made necessary.
Falshood has thus remained unpunished: and while thus unpunished
it has at the same time been rewarded with advantages too great to be the template of which has been
resisted by human weakness
13
Hence the delay vexation
& expence attached to
pleadings
In the disposal thus made of the <add> employment /exercise thus given exercise thus given by
Judges to the power of punishment on the one hand and the power of reward on the other
may be seen the delay vexation and expense attached to the
practice of written pleading and more especially of special pleading at
Common law and in Equity and that attached to the proceeding
by Bill in Equity: the Bill being an instrument on the
of which on pain of of falshood has not not only as constantly/in every case allowed
and licensed but on pain of denial of justice necessitated,
if when a party on one side has issued on his part a a of falshood the other party omitts to make
— the consequence of
that be to the party so omitted is the
loss of his cause:</add>
It is to this subornation of falshood If the in of sum demanded by an actor is £100,000, the
plaintiff must to obtain a chance of success either a quality more
or less immediate of falshood: whereupon if from beginning to end
the whole instrument is composed of falshood and the plaintiff has no
right whatsoever to the subject matter of the demand, still unless
after utterance of this instrument the defendant results be either
a corespondent instrument containing falshood, the
£100,000 is taken from him and given made over to the plaintiff by
the authority of the Judge
14
In Pitt's subornation
of falshood b the
main cause of the denial
of justice produced under
the name of administration
of justice
It In this subornation of falshood under the existing
system, invariably practised by all Judges this subornation to
in the mischievousness of its effects not distinguishable from perjury
may be seen the main cause of that denial of justice by which
however many in so deplorable a quantity is produced in
of rendering administering justice: and if that vast profit which
by the of the legislation Judges have not only been
supposed but expressly authorised to draw in depending
on this one pleasure from a in
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Identifier: | JB/057/302/001"JB/" can not be assigned to a declared number type with value 57. |
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1827-10-12 |
12-14 |
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057 |
procedure code |
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302 |
procedure code |
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001 |
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text sheet |
1 |
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recto |
d5 / e5 |
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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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18632 |
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