Legation

“ This faculty of the mind, when it is exercised immediately about things, is called judgment ; when about truths delivered in words, is most commonly called assent or dissent : which being the most usual way, wherein the mind has occasion to employ this faculty, I shall, under these terms, treat of it, as least liable in our language to equivocation. ”

“ But my prayer is, firstly, that if my tongue leads me into error, you will be merciful, and consider that my error is due to inexperience rather than guilt; and secondly, that if I should in any point express myself well, you will attribute such expression not to any cleverness of mine but to the inherent power of truth; for justice demands that a man guilty in his actions should not win salvation by his speech, and, equally, that one righteous in his actions should not for his speech be brought to ruin; for an error in speech is the tongue’s fault—an error in action is a fault of the heart. ”

“ Every sentence was an accusation, and every accusation a truth. Every clause was freighted with sarcasm and derision, every slow-dropping word burned like vitriol. The dwarf reminded me of times when I had flown at my children in anger and punished them for faults which a little inquiry would have taught me that others, and not they, had committed. ”

“ This is by no means a sufficient ground, for giving any name of reproach to any man: least of all is it a sufficient ground, for so black a term of reproach as this. The more evil it contains, the more cautious you should be, how you apply it to any one: to bring so heavy an accusation without full proof, being neither consistent with justice nor mercy. ”

“ The opportunities, which have so often escaped us have not been lost; through ignorance, or want of judgment; but through negligence or treachery.—If I assume, at this time, more than ordinary liberty of speech, I conjure you to suffer, patiently, those truths, which have no other end, but your own good. ”

“ I answer that, True and false are opposed as contraries, and not, as some have said, as affirmation and negation. In proof of which it must be considered that negation neither asserts anything nor determines any subject, and can therefore be said of being as of not-being, for instance not-seeing or not-sitting. ”

“ If I can show you that there is a doubt—a doubt of the faintest or slightest shadow—his lordship will tell you that I have the right to demand a verdict of ‘not guilty,’ and I say that such a doubt cannot but exist. ”

“ We venture, therefore, to lay a statement of our case before you—and you will learn from this discourse that we suffer unjustly, and contrary to all law and reason—and we beseech you to bestow some consideration upon us also, that we may cease at length to be slaughtered at the instigation of false accusers. ”

“ Any argument which deceives us, by seeming to prove what it does not really prove, may be called a ‘Fallacy’ (derived from the Latin verb fallo “I deceive”) : but the particular kind, to be now discussed, consists of a Pair of Propositions, which are proposed as the Premisses of a Syllogism, but yield no Conclusion. ”

“ For praise, or blame, or the statement of an opinion, or accusation, or denial, ought all to effect different ends. In judicial investigations the object of inquiry is, what is just; in demonstrative discussion the question is, what is honourable; in deliberations, in our opinion, what we inquire is, what is honourable and at the same time expedient. For the other writers on this subject have thought it right to limit the consideration of expediency to speeches directed to persuasion or dissuasion. ”

“ I pretend not, my lords, to be always in the right, I claim no other merit than that of meaning well; and when I am convinced, after proper examination, that I am engaged on the side of truth, I will trample on that insolence that shall command me to suppress my sentiments. ”

“ Now which of these, looked at by the judge, is the great offender? Is the one lie he repents of the most wicked, or are those that with small temptation he flung about daily, and so made that one notable lie easy? ”

“ The only question, therefore, for our consideration must be, whether there exists any such large and unquestionable preponderance either of the better sort or of the worse, as shall give us a right to pronounce a judgment on the whole in their favour or against them, to affirm of them that their preponderating influence and weight is thrown into the balance of the good or of the evil. ”

“ Whether unmasked by others, or by myself, is it not equally true that I have been playing false, and am now punished for it? What do the world care for your having returned to truth? You have offended by deceiving them, and that is an offence which your repentance will not extenuate. ”

“ Do you use this phrase to deceive those whom you look upon as being so ignorant, so destitute of reason, as to be deceived by idle, unmeaning words? If you do not, you are plainly bound to let us all know what you do mean, by doing "equal and exact justice to all men." ”

“ In all cases the Christian must prefer to suffer wrong rather than to do it.
IX. Thou shalt not bear false witness against thy neighbour. This commandment, converted from the negative—the prohibition of wilful slander—to the positive, becomes an injunction to make the law of love the motive of all our speech, with as tender a regard to others’ reputation as to our own. We may have to speak painful truth against others, to rebuke, to accuse, to punish, etc., but the motive of all speech is to be a deliberate good will. ”

“ But if, as we shall prove presently, the act of so speaking is by no means indifferent and colourless, but is fraught with an inordinateness all its own, then the intention may be left out of the question, the act is to be characterised on its own merits, and speech against one's mind is the definition of a lie. ”

“ Negation itself, as we shall hereafter see, is known to us, but this it could not be were we to admit that the understanding knows nothing save inasmuch as it is being; in which case the indispensable condition of all cognition, the principle of contradiction, would deceive us. ”

“ There are thousands among the young and ardent and curious of our countrymen and countrywomen, whose minds may be likewise led astray from the truth; but if it be mischievous [ix] for the judge and the juror and the legislator to entertain erroneous views upon the nature of the understanding, the mind, or the soul, it is equally to be deprecated where the error is sown broadcast in the land. ”

“ In the second the two persons quarrel over the question whether justice or injustice, truth or falsehood, pays better, or over some religious question, and lay a wager upon it. A decision is given against the person with whom the audience is expected to sympathize, for instance, the champion of justice. ”

“ It is clear these judges are inclined rather to the times than to the truth, for their judgments are repugnant to the law, repugnant to their own principles, and repugnant to the opinions of their godly and learned predecessors. ”

“ These three mental acts are Doubt, Inference, and Assent. A question is the expression of a doubt; a conclusion is the expression of an act of inference; and an assertion is the expression of an act of assent. To doubt, for instance, is not to see one’s way to hold that Free-trade is or that it is not a benefit; to infer, is to hold on sufficient grounds that Free-trade may, must, or should be a benefit; to assent to the proposition, is to hold that Free-trade is a benefit. ”

“ For truth or falsehood, being never without some affirmation or negation, express or tacit, it is not to be found but where signs are joined or separated, according to the agreement or disagreement of the things they stand for. The signs we chiefly use are either ideas or words ”

“ Public opinion has accused you; and accusation there is synonymous with guilt. But I, who give you so much pain, come as your friend and brother, speaking hard truths to you, dearest, by virtue of the tie which binds us to our mother. ”

“ RISING AND FALLING INFLECTIONS. RULE XI.—The different members of a sentence expressing comparison, or contrast, or negation and affirmation, or where the parts are united by or used disjunctively, require different inflections; generally the rising inflection in the first member, and the falling inflection in the second member. This order is, however, sometimes inverted.
1. Comparison and contrast. This is also called antithesis.
EXAMPLES. In all things approving ourselves as the ministers of God; by honor', and dishonor'; by evil' report, and good' report; as deceivers', and yet true' ”

“ So that I think we may conclude, that, in propositions, where though the proofs in view are of most moment, yet there are sufficient grounds to suspect that there is either fallacy in words, or certain proofs as considerable to be produced on the contrary side ; there assent, suspense, or dissent, are often voluntary actions. ”

“ In every judgment there is an act of verification or of contradiction, an approval or rejection, and the standard for these judgments, the idea of truth, must be something external to that on what it is acting. ”

“ If in the question which is now to receive a solemn and we trust final decision, if we have been deceived reflection would point out that conduct should be resorted to, which was the best calculated to produce conviction on our minds. ”

“ In the fourth kind of statement of a case, which we call the one which assumes the character of a demurrer, that sort of statement contains a dispute, in which an inquiry is opened who ought to be the accuser or pleader, or against whom, or in what manner, or before whom, or under what law, or at what time the accusation ought to be brought forward ”

“ On every occasion his judgments are corrected by experience; want and pain are the necessary [Pg xvii] consequences arising from false judgment; gratification and pleasure are produced by judging aright. Under such masters, we cannot fail to become well informed; and we soon learn to reason justly, when want and pain are the necessary consequences of a contrary conduct. ”

“ No doubt it is reasonable, and even honest, to act according to our present feelings and conviction: but if these feelings and their causes do vary by the very nature of things, how dare we impose upon ourselves or others an invariable conviction? ”

“ Still, his interest in this particular defendant had become visible.
"Have you any idea of the consequences of perjury?"
"No, sir."
"Do you understand what perjury is?"
"It's to lie."
"Do you tell lies?" ”

“ If any man, as idle as myself, should take the trouble to review and canvass my arguments I am ready to yield so indifferent a point to better reasons. Should declamation alone be used to contradict me, I shall not think I am less in the right. ”

“ Their very Petitions have the force of Invectives; and the Smoother, the Softer, you find the Surface of them, the Falser, and the more Dangerous they are at the Bottom: For betwixt the Persecution that is Insinuated, on the part of the Government, & the Innocence, the Piety, and the Modesty, on that of the Sufferers, Nothing can more Provoke, a Horror, and Indignation for the One, or a Tenderness, & Compassion, for the Other. ”

“ Judgments of reflection seem to be especially subject to error and as such to be compounded into false concepts and to be long entertained as such. In the act of making the judgment there must be judgments of bodies impinging on one another, leading to judgments of apprehension. ”

“ I am the more culpable, as I entirely agree with you in thinking that all our actions should proceed from the fixed principles we have adopted. I never pay a blind deference to the judgment of any man, or any body of men whatever. ”

“ What will strike any modern reader as at once the most remarkable, and from a moral point of view the most lamentable, feature in this bitter and important controversy, is that the points in dispute not only were really unimportant, but were admitted on both sides to be so. ”

“ Here again is a matter for a man's judgment, what kind of amplification we should employ in each cause. For in those causes which are embellished for the sake of pleasing the hearers, those topics must be dealt with, which can excite expectation, admiration, or pleasure. But in exhortations the enumerations of instances of good and bad fortune, and instances and precedents, are arguments of great weight. In trials those topics are the most suitable for an accuser which tend to excite anger; those are usually the most desirable for a person on his trial which relate to raising pity. ”

“ How easy it is to preach sound doctrine. How hard to make an impression, with it, upon minds and hearts established in their own opinions of right and wrong, and persistent in the determination to follow the wrong! ”

“ Thus, suppose a man speaketh a thing upon supposition, or with exception, or in way of objection, or merely for disputation's sake, in order to the discussion or clearing of truth; he that should report him asserting it absolutely, unlimitedly, positively, and peremptorily, as his own settled judgment, would notoriously calumniate. ”

“ It is, my lords, in my opinion, a just maxim, that our deliberations can receive very little assistance from merriment and ridicule, and that truth is seldom discovered by those who are chiefly solicitous to start a jest. To convince the understanding, and to tickle the fancy, are purposes very different, and must be promoted by different means ”

“ But not only in these higher forms of seeking after reputation, but in lower forms, this trembling before, and seeking to conciliate, the tribunal of what we call ‘general opinion,’ which means the voices of the half-dozen people that are beside us and know about us, besets us all, and weakens us all in a thousand ways. ”