JB_022_204.xml

Title: [1820. Octr. 12 Spanish liberticide measures]

Description: 1820. Octr. 12 Spanish liberticide measures. 15 §. 2. I. Press violation

Reasons against libel laws

4. If such things were allowed, no honest no honourable no honest man no man who

had any regard for his honour for his reputation, would be found to take upon

himself any such situation: and the consequence is that all such situations

would fall into the hands of men who had neither honour nor honesty, and thus

the country would be involved in certain and compleat destruction. So says the

argument

But of all this the contrary has been shewn already. Honest or dishonest,

honourable or dishonourable, every man will be ready to take upon himself any

/and to continue to occupy and to maintain himself a/ situation the evil of

which is outweighed by the good. In England to a vast extent so prodigious is

this preponderance, that to obtain these situations there is nothing so

dishonourable that to obtain them men of all ranks from the highest to the

lowest are not ready and eager to do, and do accordingly and are not the less

stiled not only honest but honourable. Falshood solemn and deliberate falshood

has been shewn to be a necessary step, perjury – perjury acknowledged by

themselves to be such a commonly employed step /among the most frequent steps/

to the most richly endowed, the most powerful and most highly dignified

situations in the Ecclesiastical and self-stiled religious establishment. In

England no situation is in want of candidates: numerous and eager candidates: of

whom in the instance of each such situation one /in each vacancy/ is succesful

and when thus admitted ask any one of them, whether with a few accidental

exceptions, of which his case does not form one, they are not, all of them

honest and honourable. But in England though no such things as the things in

question have ever been allowed allowed by law, yet such in that part of the law

is the happy and useful weakness, so happily applied in that instance is the

anarchy or the mixture of anarchy and tyranny of which so large a portion of the

whole mass of law in that country is composed that the reputations of men in

office are little less exposed to the sort of impuations of the sort in question

than if they were allowed: and accordingly, and in the highest and most richly

endowed and most powerful situations men may be seen wallowing and triumphing in

profligacy, […?] in infamy, and yet as fondly attached to and as firmly fixt in

their respective situations as if virtue in them were consummate.

Commanders of torture spectators of torture encouragers and promoters of torture

by refusing to hear and preventing the disclosure of it

Commanders of the murder of the innocent rewarders of the murder of the innocent,

commanders of torture, spectators of torture, forgers /fabricators/ of rules of

pretended law to justify the murder of the innocent

074_427.xml

Title: [26 May 1804 Evidence Ch. Extraction]

Description: 26 May 1804

Evidence

Ch. Extraction

§ Engl. Law

In the case of a delinquent /delinquency/ - of an individual presumed or suspected of delinquency, all this rigour is laid aside. The law knows /admitts/ of no other infliction in the character of a compulsive process, the law admitts of no other infliction, than simple imprisonment. What is the consequence? that in many cases a long protracted course of suffering is produced - a long remainder[?] of life filled not infrequently with bitterness, and the object in view not compassed / / after all - : the quantity of suffering augmented, and the whole of it thrown away.

Many a dishonest debtor in whom the juryman's torture would have produced immediate compliance, carries the fruits of this dishonesty with him to prison, and there consumes them, in defiance of his injured and impoverished creditors.

In the case of bankruptcy, i.e. commercial insolvency non-responsion and false-responsion is /are/ indeed as far as concerns the concealment of effects /assets/ applicable in satisfaction of debts, made punishable and punishable with death; but even here the distant and eludible punishment is preferred to the unelludible and instant compulsory infliction; and in cases of non-commercial insolvency, and in all other cases in which evidence is supposed to be extracted

simple imprisonment and that alone is applied, and is the only [074-427/2]

infliction applicable. This infliction is indeed susceptible of prodigious variation, under the same name variable upon a prodigiously extensive scale: depending upon the localities of the prison - the accommodations afforded by the prison, and the exterior appendages /territory/ annexed to it: but the variations depend upon accident, are the result /product/ not of justice /wisdom/ but of negligence and in practice are not applied, nor indeed capable of being applied with uniformity to this purpose.

JB_045_641.xml

Title: [23. Aug. 1812 Evidence Introd]

Description: 23. Aug. 1812

Evidence Introd

Introd

Ch. 15 Preappointed Offices

'. Obstacles

False Muster

[...?] or far as to a man in his [...?] any thing other than undistorted repose can be an object

'. Swindling how sanctioned in military officers by lawyer-led legislators - False musters

Among military men it continues still a point of honour if not to abstain from lying, at any rate not to endure the imputation of it. To the man of law, not speak of the priest it was no small object, to corrupt the morals of the military man and plant in his mind if possible the love of falshood, at any rate an indifference to truth.

In the military profession [...?] of the point of honour, a practice and craft of applying falshood in the character of an instrument for the extraction of sinister profit. Money was received on false pretences the pretence was the existence of a certain number of men in a body of troops in which no such men were to be found. False musters were the denomination by which depredation in this shape had come to be designated

In the purpose of a cloak as usual, some of the money thus diverted had been applied to a public purpose. The purpose having been found useful, advantage was taken of this circumstance by the lovers of fraud, and instead of employing honest means they lent the sanction of government to these dishonest ones: as if government had no better means of getting money than by encouraging one set of its servants to turn swindlers tell lies, and in this way pilfer it from another. from their public servants in another office by setting one part of its servants to steal it from another.

A sanction was accordingly given to it, by the hand of the legislator? in what form? considering by what sort of hands the legislator is in this country habitually and unavoidably led, the form may be imagined.

The sanction was applied - not to the form /purpose/ only but to the instrument. the fraud itself was legalised.

Extracts from [...?] Index to the Statutes, with Soldiers

44. Penalties on persons making false certificates to excuse from Musters

IV G.3.C.3. '.10.

45. And [...?] Offices making false musters, IV G.3.C.3. '.11, 21.

48. Fictitious names where allowed in a muster, G.3.c.3 C.3. '.12 This was the Mutiny Act of the year in which this Index was printed Mutiny Act and Index.