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Evidence
23 July 1805
Persuasion[?]
This sort of practice is not forgery: for in a legal sense nothing that is not punishable by law as forgery is forgery. In a pathological sense however it has in a considerable degree, if not altogether the effect of forgery. If by the act of another I find /see/ myself deprived of that provision which I see was destined for me by any relation or any friend, in what degree is my suffering lessened by seeing that the author of it instead /my [...?]/ of being hanged for it as a malefactor, is honoured for it as a Judge.
Thus much as to the mischief of the second order. In a certain number of instances men have had false wills made for them by malefactors in the way of forgery. In a number of instances men have had false wills made for them as above in the way of judicature. At this moment, of these truths sources of privation and disappointment, which is it that presents the greatest probability, the most formidable /alarming/ danger? This will depend in some measure on the ratio of the two numbers above mentioned. Which then is the greatest /has been greater/? Let him give the /an/ answer who looks /regards/ upon himself as qualified to give one /it/. One /But/ the difference between delinquency with its attendant punishment, and conformity is a circumstance there is that seems to lead in no inconsiderable degree to render the injustice by forgery the least common of the two. The forgerer never acts in secret but and at the peril of his life: some such secrets must doubtless have remained undiscovered, and thereby crowned with success: but a considerable, and probably the greater number have by detection been frustrated and punished. False wills made upon the bench are made not only without danger, but with full assurance of success. The true man is cheated out of his property: and the praise of learning is among the rewards reaped by the author of the improper deceit. How vast the mass of learning, how venerable /awful/ the reputation of learning that has been built upon this ground!
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Title: [Evidence 23 July 1805 Perversion]Description: Evidence 23 July 1805 Perversion Between the fabrication /sort of forgery/ attempted behind the custom, and the fabrication practiced upon the bench, there is again yet another difference. The source of profit is different in the two cases. In the case of the malefactor, recognised as such, the profit reaped by the secret, if any be reaped, is reaped from the individual false will in question, from the individual act by which that false will is /was/ /has been/ made. In the case of the Judge, and his practises in the iniquity, the source of profit is not confined to any one false will in particular, but the stream flows alike from all the suits in which with whatever success, at the instance of a false document, the making of any such false will is attempted to be procured. Not that of itself /Of itself however/ this source of profit is not productive enough, to satiate /satisfy/ the rapacity of the man of law. In another place this has been shown to belong to the number of cases in which he has contrived to provide for himself two opposite fountains of decision, so circumstanced /situated/ that from which of them he will draw his decision, /on each given occasion/ his response of the suits will be drawn, shall, previously to litigation /[...?], that is to/ appear sufficiently and uncognisable. In the present case to fan the fountain of technical perversion as above delineated, he has contrived to keep up in a state fit for playing /of/ /constant readiness/, the fountain of real intention. To draw from the one or from the other source is equally open to the revered Juggler's choice. In addition to the profit (of which nothing is ever said, by any body,) praise, whichsoever of the two sources it shall please him to draw from, is equally secure. At the different fountains altered two different virtues, eager /in readiness/ to crown their receptive customers /votaries/: at the fountain of trial intention, Liberality: at the fountain of Technical Perversion, Constancy: Constancy whose motto is stare decisis: Constancy the [...?] handmaid of jurisprudential Science.
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Title: [1818 Feb. 9 Not Paul I Argument]Description: 1818 Feb. 9 Not Paul I Argument Ch Motives to Conversion § Money &c received § Services &c received 14 Hebrews Moved by the observation of a degree of what had the discourse been written nowadays would have been deemed inconclusiveness, inappositeness /irrelevancy/, extravagance and absurdity so much beneath any thing that would be picked /culled[?]/ out of the whole mass of the matter written by the most /whole number/ incapable writers that could be found among those of this country and this age, some persons a have found in this circumstance a reason and that a conclusive one for denying with relation to Paul the authenticity of this Epistle. But admitting the fact, whether by /in/ any such circumstance the inference could find any considerable support, may be the better judged of when that part of this enquiry is on the carpet which has for its subject the self-asserted Apostle’s style. a […?] In every other of the discourses /compositions/ which in their tenor present themselves as having him for their author little circumstances of a personal nature present themselves such as it could hardly have entered into the conception of a forgerer - especially a forgerer of that comparatively inexperienced age to insert. In the whole tenor of this long Epistle not one such characteristic circumstance is to be /has been/ found. Note The whole argument of which Melchisedec furnishes the subject /principle[?]/: and the history of the exploits[?] of faith may be set down as masterpieces among the productions of that art for which it may be left to the reader to find a name. Of the whole number of Chapters viz 13 these two arguments occupy between them occupy four. Heb. v. vi. vii. xi.
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Title: [nd [wm 1798] D + To the Bank]Description: nd [wm 1798] D + To the Bank § III. Application Principles 4 Verbal Description Portraits 13*[?] §.{3} /4/. Of Forgery in the way of Fabrication – Application of the Principles. [Folio 003-317b was formerly pinned here] { 4. The fourth of the {difficulty above mentioned} circumstances above-mentioned as capable of being made to enter into the composition of the instrument in question (a Bank note) and therein of affording the means of throwing obstruction in the way of an enterprize of forgery is the being capable of being marked out to a degree of precision adequate to the purpose of prohibition and punishment, by a purely verbal description, conceived in general terms without the necessity of a reference to any individual object, to be referred to as the object, the imitation of which is forbidden. On this head it must farther be observed, that the act which the verbal description is for the present purpose employd to characterize, must be such an act as, with, or rather if possible even without, the warning given by the law it will be morally impossible that a man should engage in the exercise of, with any other intention than the very identical criminal intention marked out by the law for prohibition and punishment. } To apply this to the case of a Bank Note, framed and worded as at present – The indication that would be afforded by a plate, fabricated in imitation of a Bank Note of the present form, answers this purpose as far as it goes, as effectually as can be wished. Nothing but the very words employd in a genuine Note could afford the Forgerer any the smallest hope of succeeding in the fabrication of a spurious one: and supposing a plate with these words upon it to be found in the possession of any uncommissioned individual, no evidence could be more perfectly conclusive of the existence of the criminal intention in question on the part of the individual at least by whom the plate was made to exhibit those
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