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JB/057/300/001

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1827 Oct. 12
Procedure Code

Preparatory Resolutions<
No Oaths</note
(2) (2

<note>5
Oaths applied as a security
for verity & as a condition
for the admission of witness
productive of great evils

6
If Oaths be constructed as
a prayer for punishment
from God in case of falshood
they will have missed
in those who do not believe
that such punishment
would follow the uttering<lb?> the falshood

That by the acceptance of the act of swearing as
a security against testimonial falshood, coupled with the exaction
of it as a condition to the admission of the individual
in the character of a witness to declare his testimony
practical evil to a vast amount have at all times
been the result, and that from by practice
than evil, unless stopt will be which
a degree
power will be given to every man at pleasure
to give at and the effect of pardon to correct all sorts of crimes
in every imaginable shape; and the determination with which
Judges have with their eyes open Judges have concurred in the establishment of this
all comprehensive impunity
affords of would of itself
if all others were be
itself a sufficient
warrant demand for a thorough
legislative
examination into
the state of the Judicial
Establishment as well
as that of Judicial
procedure [as carried
on by it.]

That if the eff object or effect of the act called
swearing be no other than that of in Almighty God the praying to prove or endeavour to engage Almighty
God to visit with punishment on a the felon left the size of
falshood on the occasion in question committed, the
security even by this act be afforded in the case of
any person by whom it is not likened that that same
prayer will be followed by compliance: and it is
that this of of those by on whose part/instance by fear of
punishment or acceptance in of record
same act of swearing is produced then may be those
in any number on whose no such belief has
place.

7
It can not be supposed that
if the legislature were to
inhibit judicial oaths the
punishment implicated by the
almighty for falsehood
would cease

That it never has been nor ever can be supposed
that the supposing the legislation to inhibit the execution
or receipt of the act of swearing on as the occasion in question
as a security against testimonial falshood the punishment
allotted by the Almighty whether in this or in a future in that same future life
life would be made to : but if such punishment will
take place it can not consistently with any ideas of justice
be supposed but that the magnitude of such punishment will be in
some way be proportioned to the mischievousness of the offence which
in
no different when
whether specifically or
individually considered
as to an indefinite degree
deterrent: whereas the
main offence
by the ct of swearing in the <del. where it is preceded or followed by the act of falshood is the same in all cases.




Identifier: | JB/057/300/001"JB/" can not be assigned to a declared number type with value 57.

Date_1

1827-10-12

Marginal Summary Numbering

5-7

Box

057

Main Headings

procedure code

Folio number

300

Info in main headings field

procedure code

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

c2 / e2

Penner

jeremy bentham

Watermarks

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

18630

Box Contents

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