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C 3
Of Perjury
assertory and promissory. By assertory oaths are meant
the sort of oaths here in question. Promissory oaths
are also termed vows. As the name term vow is also in
use it seems better to make use of employ it constantly in
speaking of the assertory promissory kind, and to confine the word
oaths to those which are called stated assertory.
At bottom all oaths are in fact assertory, vows
as well as others: for every thing that a man says is
an assertion. A promise is an assertion as well as any
thing: it is an assertion of the existence of a particular
act on the part of the asserter, a particular act of the
will. On the other hand even a judicial oath, the sort of
oath here in question, a judiciary oath as it is commonly
taken is at bottom but a particular kind of vow: since
it is a kind of promise to speak truth. (a) This is because
the oath is generally administer'd before the evidence
is given: if it were not administer'd till after, it would
be an oath of the assertive kind, an oath properly
so called. If oaths of evidence or judiciary oaths are
to be understood as something opposite opposed to vows, the disinction
is can not be made more explicit than this: It is
properly a vow where the act undertaken to be performed
NOTE
(a) More than that, the fact immediately asserted can never be any other
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Identifier: | JB/071/089/003"JB/" can not be assigned to a declared number type with value 71. |
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not numbered |
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071 |
penal code |
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089 |
of perjury |
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003 |
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text sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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jeremy bentham |
[[watermarks::s. lay [britannia with shield emblem]]] |
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alexander mavrokordatos |
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23492 |
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