The Works of Samuel Johnson, Volume 11. - Parlimentary Debates II. by Samuel Johnson
page 98 of 645 (15%)
page 98 of 645 (15%)
![]() | ![]() |
|
must be just or fallacious according to his abilities; but which must
yet have the same effect upon his belief, which they will influence, not in proportion to their real strength, but to the confidence placed in them by himself. There is only one case, my lords, in which, by the common course of proceedings, any regard is had to mere belief; and this evidence is only accepted on that occasion, because no other can possibly be obtained. When any claim is to be determined by written evidences, of which, in order to prove their validity, it is necessary to inquire by whom they were drawn or signed; those who are acquainted with the writing of a dead person, are admitted to deliver, upon oath, their _belief_ that the writing ascribed to him, was or was not his; but such secondary witnesses are never called, when the person can be produced whose hand is to be proved. There is yet another reason for which it is improper to admit such evidence as this bill has a tendency to promote. It is well known, that in all the courts of common law, the person accused is in some degree secured from the danger of being overborne by false accusations, by the penalty which may be inflicted upon witnesses discovered to be perjured; but in the method of examination now proposed, a method unknown to the constitution, no such security can be obtained, for there is no provision made by the laws for the punishment of a man who shall give false evidence before a committee of the house of commons. It may likewise be observed, that this bill wants one of the most essential properties of a law, perspicuity and determinate meaning; here is an indemnity promised to those who shall discover _all_ that they _know, remember, or believe_. A very extensive demand, and which may, |
|