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<head>1827 | <head>1827 8 <sic>Oct.</sic> 12<lb/> Procedure Code</head> <!-- numbers in pencil --> <p>6 <note>Preparatory Resolutions</note><lb/> (6 <note> § No Oath</note></p><!-- numbered marginal notes have a O in pencil next to the number --> <p><note>15<lb/>Of falsehood being<lb/> <sic>unpunishable</sic> unless<lb/> <del><gap/> <gap/></del> coupled with <lb/> an oath one consequence<lb/> is that when it is so coupled<lb/> it is not punished in one<lb/> case <del>of</del> out of a thousand</note></p> <p>Of the arrangement by which <sic>falshood</sic> notwithstanding the benefit<lb/> derivable from it, as above is made <sic>unpunishable</sic> otherwise than when<lb/> by being coupled into an act of swearing it has been invoked with<lb/>the name of perjury one consequence is that even when <add>after</add> it is<lb/> marked with that appellation <add> denomination</add> it is <unclear>seldom</unclear> ever punished and not<lb/> punished it may be said without danger of <gap/> in one instance<lb/> out of a thousand of those in which it is <gap/>: in a <add><gap/></add> larger<lb/> proportion of which cases that success that reward is received from<lb/>it for the purpose of which it is uttered, & is evil prevented, because<lb/>it is not prosecuted: it is not prosecuted because in a larger<lb/> proportion it may suffice to send the largest proportion of the instance<lb/> in which the offence is committed, success in case if prosecuted<lb/> is sure to be impossible. It is impossible when in opposition to the<lb/> perjured witness, there <gap/> not any more than one person capable<lb/> of giving testimony</p> <p><note>16<lb/> <del><gap/></del> Hence the expense<lb/> of prosecuting so great<lb/> as that a vast majority<lb/>of the population are<lb/> unable to defray it.</note></p> <p> But supposing testimony ever so abundant, <add> while success in prosecution is unclear</add> the expense<lb/> the <unclear>factitious</unclear> expense attached to prosecution <del>s</del> vast and <gap/><lb/> so vast that a vast majority of the whole proportion are under a<lb/><sic>compleat</sic> incapacity of defraying it: <del><gap/></del> That this is what is given<lb/> to be lost by it: which except in instances so few and <gap/> <gap/><lb/> to be <gap/> consideration, nothing is to be got at, no redress, no<lb/> <gap/> no compensation for the suffering of which the perjury <lb/> has been the cause.</p> | ||
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1827 8 Oct. 12
Procedure Code
6 Preparatory Resolutions
(6 § No Oath
15
Of falsehood being
unpunishable unless
coupled with
an oath one consequence
is that when it is so coupled
it is not punished in one
case of out of a thousand
Of the arrangement by which falshood notwithstanding the benefit
derivable from it, as above is made unpunishable otherwise than when
by being coupled into an act of swearing it has been invoked with
the name of perjury one consequence is that even when after it is
marked with that appellation denomination it is seldom ever punished and not
punished it may be said without danger of in one instance
out of a thousand of those in which it is : in a larger
proportion of which cases that success that reward is received from
it for the purpose of which it is uttered, & is evil prevented, because
it is not prosecuted: it is not prosecuted because in a larger
proportion it may suffice to send the largest proportion of the instance
in which the offence is committed, success in case if prosecuted
is sure to be impossible. It is impossible when in opposition to the
perjured witness, there not any more than one person capable
of giving testimony
16
Hence the expense
of prosecuting so great
as that a vast majority
of the population are
unable to defray it.
But supposing testimony ever so abundant, while success in prosecution is unclear the expense
the factitious expense attached to prosecution s vast and
so vast that a vast majority of the whole proportion are under a
compleat incapacity of defraying it: That this is what is given
to be lost by it: which except in instances so few and
to be consideration, nothing is to be got at, no redress, no
no compensation for the suffering of which the perjury
has been the cause.
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