date

28 Sep. 1809 Parl y Reform
28 Sep. 1809

Parl y Reform

B.I. Necessity

Tests

13

1. In respect to /of/ the main purpose the efficiency of the customary[?] list is altogether precarious and inconsiderable.

It is without influence on every man /person who for the sake of the advantage /benefit/ to the obtainment /enjoyment/ of which the taking of /submitting to take/ the test is necessary, or rather for the sake of avoiding /exempting himself/ the disadvantage /burthen/, to the avoidance of which the taking of the test is necessary, submitts to either a declaration, of the falsity of which, if /it being false/, it is out of the power of any human being ever to fasten[?] the imputation, or so much as the suspicion, for the purpose of either punishment, {or so much as blame} /or of blame/ for the purpose of blame, or so much even as the suspicion in any the slightest degree /shade/. unless in so far as by any subsequent intimation given by himself it should ever happen to himself to be imprudent enough to furnish evidence against himself.

Under these circumstances as often as the decision which he /a man/ is thus called upon to declare his assent to it or any part of it contains any thing which is not true[?] which result is the most probable? - that to save himself from the burthen he will committ the falshood? or that to save himself from committing the falshood he will 'submitt to the burthen?

The inconvenience, whatsoever it be, apprehended from the commission of the falshood being the same in all cases, what /whatever/ variation there is in the proportion between the mendacity-prompting /-exciting/ and the mendacity-restraining forces will have the variation as the magnitude of the burthen for its cause.

But taking mankind in general, thus much may be asserted and with confidence, viz not only in general terms that the mendacity-exciting power of the burthen must be very slight indeed if it does not overballance the mendacity-restraining force opposed to it, but also in particular, taking the amount of the burthen at the smallest quantity that is any where to be found exemplified, the instances in which it does not overpower the mendacity-restraining force will be /can not but be/ extremely rare.
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    B.I. Necessity

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    Religion the sole sanction that can bear[?] upon it.

    Unless it be thus that the absurdity of the thing professed to be believed be so palpable, that all who profess to believe it will from that circumstantial evidence be concluded mendacious.

    As to the degree of probability between the one and the other result, this is a topic /subject/ which can not {so} well be considered till /entered upon as/ some particular eventual burthen and consequently some particular occasion by which the eventual imposition of it is introduced be brought to view.

    Mean time for argument sake, let it be supposed that the opposite forces are in such manner ballanced that the number of those who submitt to the burthen and the number of those who submitt to committ the act of are in each given space of time equal.

    On this supposition here are two results produced all along together: viz the exclusion of reputedly-unfit /presumedly-unfit/ persons from the situation in question; and the production of so many acts of mendacity, and thence of so many liars, which liars notwithstanding their being such, gave admission into the situation for which even if they were not /had they not been/ liars their unfitness /being unfit/ is presumed: and the number of the persons who, notwithstanding their assumed unfitness, and their having been thus first converted into liars are admitted into the situation, {having first been converted into liars,} is by the supposition equal to the number of non-liars, whose aversion to lying whose respect for truth, having been proved by the test, are by means of it extended from the situation, and thence subjected to the burthen to which by the being extended from the benefit in question a man is subjected.
  • Title: [28 Sep. 1809 Parl y Reform]
    Description: 28 Sep. 1809

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    B.I. Necessity

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    23

    1. Recent[?] sentence[?] applies not.

    2. As to religious practise, the act is but one lie: a lie that appears to do no harm to any body: the greater the godd[?] the greater the estimator[?] Establishment - [...?] will diminish the wickedness of mendacity for the purpose of justifying the test, exaggerating it for the purpose of unfavouring[?] latent[?] enemies and rivals.

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  • Title: [28 March 1804 Evidence Forthcomingness]
    Description: 28 March 1804

    Evidence

    Forthcomingness

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    2 Remuneratory

    A state of things much worse, and but too often realized, is where there is the sound of a reward without the substance. An unavoidable though perhaps not generally /manifestly/ apparent expense an expense which has the instructive effect /influence/ of punishment is annexed to the rendering of the service. This expense a man does not choose to lode himself with. The apprehension of it, joined to the other restraining motives, forms a body of restraining force too strong for the [...?] motives. Were this restraint removed in toto /altogether/, the [...?] motives might /would/ be sufficient to turn the scale. But the reward, so ill is the quantum of it adjusted, covers but a part of this expense. In this case the reward instead of contributing any thing /promoting in any degree/, militates[?] against the object in view. Instead of the profit professed to be given by the reward, what a man really gets /would really get by the service/ is real loss, aggravated by real disrepute.

    The disrepute which in many cases is attached to the acceptances of the matter of reward /reward/, does not extend in any case to the acceptance of the same pretious /desirable/ matter in the shape of indemnification. Many a man thinks himself /would think himself/ above /disgraced by/ the acceptance of the matter of reward: if not on all occasions, nor in all shapes, at any rate on certain occasions, and in certain shapes in particular in the shape of a sum of money; especially if the quantum /amount/ of it be in a small ratio to the mass of his pecuniary means. No man thinks himself degraded by the acceptance of an exemption from loss. In France, while the aristocratical principle /sense of honour/ was in vigour, acceptance of an exemption form the tax called the Taille, so far was it from being considered as dishonourable /a degradation/, that degradation would have been considered as a result of the being not exempted from it. Wilful falshood from any mouth, but above all from the mouth of law and government the mischief are so baneful /of falshood is so great/, that no obtainable advantage can make up for it. But on the account of falshood if misrepresentation in any shape were beneficial, better give reward under the name of indemnification /indemnity/, than indemnification adequate or inadequate or adequate under the name of reward.