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Updated: May 18, 2025
The reporters were not sworn to administer justice were not dressed in ermine were not bound to be men of legal ability, judicial calmness, wisdom, and impartiality but the judges were. Yet the unsworn reporters told the government Maguire was an innocent man; while judge and jury told the government swore to it that he was a guilty murderer! What was the government to do?
It is true that in South Australia an act has very recently passed the legislative council to legalize the unsworn testimony of natives in a court of justice, but in that act there occurs a clause which completely neutralizes the boon it was intended to grant, and which is as follows, "Provided that no person, whether an Aboriginal or other, SHALL BE CONVICTED OF ANY OFFENCE by any justice or jury upon the SOLE TESTIMONY of any such uncivilized persons." 7 and 8 Victoria, section 5.
"Don't look at them, sir," cried Alfred; "they are signed by men who were bribed to sign them. For pity's sake, sir, judge for yourself. Test my memory, my judgment, by any question you please. Use your own good sense; don't let those venal rogues judge for you." The gentleman turned cold directly. "I could not take on me to interfere," said he. The unsworn affidavits had overpowered his senses.
He has also perfectly at command the seductive sophistry of the passions, which can lend a plausible appearance to everything. The following verse in justification of perjury, and in which the reservatio mentalis of the casuists seems to be substantially expressed, is well known: The tongue swore, but the mind was unsworn.
It is probable that the one hundred and six who are wanting to complete the list of two hundred and twenty-eight had emigrated, or been banished in the interval as unsworn priests. Ibid., D.S., I., 10.
In a moment he had reached the slope east of Valhal, had plucked a twig of the unsworn Mistletoe, and was back in the circle of the gods, who were still at their favourite pastime with Balder. Hoder was standing silent and alone outside the noisy throng, for he was blind. Loki touched him. "Why do you not throw something at Balder?"
That Prickett's sworn testimony and unsworn narrative substantially are in agreement, as they are, is not surprising; nor does such agreement appreciably affect the truth of either of them. Sworn or unsworn, Prickett was not a person from whom pure truth could be expected when, as in this case, he was trying to tell a story that would save him from being hanged.
Bacon, who had hitherto been an unsworn and unpaid member of the Learned Counsel, now received his office by patent, with a small salary, and he was charged with the grave business of preparing the work for the Commissioners for the Union of the Kingdoms, in which, when the Commission met, he took a foremost and successful part. For nearly another year Bacon had no public work.
By the decree of Fructidor 19, not only were all the laws of the reign of Terror against unsworn priests, their harborers and their followers, enforced again, but the Directory arrogated to itself the right of banishing, "through individual acts passed for cause," every ecclesiastic "who disturbed the public peace," that is to say who exercised his ministry and preached his faith; and, moreover, the right of shooting down, within twenty-four hours, every priest who, banished by the laws of 1792 and 1793, has remained in or returned to France.
It runs thus, "'My tongue an oath took, but my mind's unsworn. Not an inelegant sentiment, as you must see." We left the excellent man of learning, Pisander, in no happy frame of mind, after Agias had been dragged away, presumably to speedy doom. And indeed for many days the shadow of Valeria's crime, for it was nothing else, plunged him in deep melancholy.
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