10 July 1810 4. Ins or Eitherside

Fallacies Ch | | Cause X Obstacle

2 Universities 1. Virtue

An oath /Oaths/, according to the nature of the proposition /for/ the truth of which it is employed to afford /find/ /ensure/ security is distinguished /are divided/ into assertory and promissory.

In strictness the distinction is not a perfectly correct one: since /forasmuch as/ by a /by the sort of oath called/ promissory oath all that is done all that can be done, is to convey /give/ intimation of the present existence of a matter of fact as having place at that moment in the mind of him who swears /speaks/ /whose discourse it is/, viz. an intention of maintaining the line of conduct so promised to be maintained Between the two species of oaths, the true /real/ distinction lies - not in this viz. that the one contains an assertion, the other not, but in the different modes of violation of which they are respectively susceptible. In the case of the simply assertory or assertive oath, there is but one way /mode/ in which the oath can be violated, perjury committed: viz. if of any part of the matter of fact represented by the swearer as believed by him to be true, there be any part in respect of which he belief /either fails of entertaining such persuasion/, or much more if he entertains the opposite belief if the opposite persuasion be that which he entertains.

The promissory oath on the other hand is understood to be violated in either of two cases: 1. if even at the very time of uttering the promise to maintain the line of conduct undertaken for /so promised/, the intention of maintaining it is in any part wanting, or if at any future point of time on the part of the person in question any point act opposite to or inconsistent with the line of conduct so undertaken for, comes

eventually

eventually /in the event/ knowingly and willingly to be performed.
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    False-oath-takers, sworn Bepraisers.

    Insincerity, having in former times been regarded as a vice, sincerity, the opposite quality a virtue, a problem that for some time remained for solution, and without solution, was - how to bring punishment to bear upon this virtue?

    By means of two instruments of nearly resembling make[?] This problem at length found its solution. These instruments were Tests, and promissory Oaths.

    A test is an appellation given to any form of words (or other voluntary mark intended to serve as an indication of a man's mind) say for shortness to any form of words by which he is understood /he seeks to cause men to believe/ that in relation to such or such a subject a judgment of an opinion, a persuasion a belief is entertained by him /has place in his mind/.

    An benefit - the matter of good /felicity/ in this or that shape - or (what is but a particular modification of the matter of good) exemption from evil in this or that shape being set before men in the character of candidates, as a qualification for being admitted /as a condition, precedent to his being admitted/ to the attainment /possession/ of it, he is required to deliver an expression of the state of his mind a form of words put together for that purpose. His consent or refusal or consent to deliver a declaration of this sort /to the effect in question/ is considered as a test or proof of his entertaining or not entertaining the opinion /persuasion/ in question: of his entertaining it, in case of his consenting to make the /such/ declaration and making it accordingly: his not entertaining the opinion, in case of his refusal or omission to make the declaration thus made requisite.
  • Title: [10 July 1810 5 Ins or Eitherside Fallacies]
    Description: 10 July 1810 5 Ins or Eitherside

    Fallacies Ch | | Cause and Obstacle

    3

    | | Universities 1. Virtue

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    If [...?] be good work[?] every men soever be the pleads[?] [...?].

    At the time of that ceremony which in the metaphorical language of the place is called matriculation, the ceremony in the performance of which the youth becomes a Member of /limb/ the Kind Mother a body of laws constituting a closely printed 12\T oT\ volume is put into his hand, and at the same time an oath is administered to him by which he binds himself /he is made/ /a form of words is put into his mouth and repeated by him/ /under the sanction of an oath he is understood to bind himself/

    to observance to be paid without exception to every particle of law contained in it.

    Of this Oath the violation is constant, universal and notorious. (a)

    True it is that of the great bulk of the ordinances thus violated nothing can exceed the frivolousness: nothing consequently the innoxiousness of the acts by which the violation of them is performed /committed/ /accomplished/. But be the importance of the transgressions themselves ever so great ever so inconsiderable, this sanction employed to enforce observance, the sanction violated by unobservance is still the same.

    Murder is an atrocious deed going abroad without having put under the drive[?] a piece of lawn[?] called a band is an insignificant omission: but if a promise be given not to either of those acts, and in the evading of past promise the ceremony employed is the same, and that ceremony /the ceremony[?]/ is called an

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    or the taking of law oath, if that oath be violated, perjury is committed, and so far as concerns the ceremony, the [...?]ch [...?]ld the violation of it the perjury, is the same /the impiety[?]/.

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  • Title: [13 July 1810 + ' . 6 10 Fallacies]
    Description: 13 July 1810 + '

    . 6 10

    Fallacies 1 Generalia

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    . 6. III Eitherside fallacies

    '. | | Eitherside fallacies - their general nature.

    Eitherside Fallacies is a denomination that may serve to characterize /for the designation of/ all such fallacies as are alike suitable /suitable/ to both positions. viz. that of the Ins, and that of the Outs: being applicable at pleasure either to the /in defence/ of some abuse or imperfection of the existing system of laws, government and administration or or in some instances /in the case of some of them/ to the defence of individual misconduct and /or/ transgression on the part of administration - on the part of the Ins.

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