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Feby 1809 3
Press Ch. . Devices§§.6. 5. Jury ousted of Law
1
Device 5. Denying question
of law to Juries
p.1.
2.
No verdict of guilty
was ever or can ever be
pronounced without
judging of the question
of law. p.1.
3.
If such judgment be
contrary to law Jury
trial is contrary to law.
p.2
4.
By men armed with
power secure against
punishment and acting
in a body, any proposition
how manifestly soever
false is maintained
without scruple. p.2.
5.
Hence the right of
Juries to judge the question
of law, how b in
Jury Trial, has been
denied, on no better
ground than that in
some cases that question
is judged without Juries.
p.2
6.
The point of right being
thus settled by usage
as firmly as any point
can be under unwritten
law, arguments on the
grounds of propriety
consistency & ability are
quo ad hoc superfluous;
yet let us follow them
here. p.3
7
Per man of law Jurymen
are unfit to
judge question of law
for want of science.
p.4
8
Answer — They have on
each occasion the Counsel
& Judge for their instruction —
With that instruction
shall they not
be permitted to know whether
they understand?
9.
Where Statute law has
spoken, the Judge who refuses
to the Jury the
right of putting their
own interpretation upon
it, and insists on
putting an interpretation
of his own, sets
himself above the law.
p.3
§§.6. 5. Jury ousted of Law
10
Inconsistency of lawyers —
For the purpose of
infliction, penal and
civil, the law is supposed
to be known &
understood by all
without distinction.
p.4
11
For the purpose of
ousting them of their
rights it is supposed to
be unintelligible to
select men — to Jurymen
p.4
12
Unintelligibility of the
law being admitted Judges
inference is let the
Jury leave me to put
a sense upon it.
p.5.
13
J.B.'s inference — join
in rendering it intelligible
viz in the only possible
way, by converting it
with Statute law. p.5
14.
Libel law the part in
which this encroachment
is most pretenceless —
In other parts, general
rules — such uncertain
ones as judicial law
admitts of may be
distilled from particular
decisions — rules capable
of serving for guidance
if as in Statute law
the words were fixt.
p.6
15
Secus in libel law
No rules other or better
calculated for guidance
than the
p.6
16
In a few hundred
centuries if not guilty
were applied to one
count in an Indictmt
in which guilty was
applied to others, a
lawful language in
which it might perhaps
be allowable to speak
of the conduct of men in
high situations might
perhaps be framed.
p.7
17.
But by Devices 2&5
viz lumping Informations
and do verdicts on
Indictments even this
ideal use of the encroachment
is negatived.
p.7
§§.7.6. Omitting false
1.
6. Device 6. Omitting
false — This result
on an original conspiracy
I against the morality
and peace of society
p.1.
2
Under the fee-gathering
system, interest of
Judges as well as Agents
of parties to render
litigation as abundant
and profitable as
possible: thence their
endeavour —
p.1.
3
Means destroying the
force of the moral
sanction of the three
applicable ones — the
only efficient one except
the legal which is in
their words the only
one capable of
a check to misconduct
on the part of rulers.
p.1.
4.
Of the popular part of
the government, the efficiency
as a check depends
altogether on the liberty
of the press. it is only
from the press that
Electors can devise any
means of judging of the
fitness of their delegates.
p.2.
5
But for this, the press
would, in England, as in
France, be but an instrument
of fraud an tyranny.
p.3.
6.
This security is more
necessary than formerly
now that, in the hands
of the Crown the matters
of corruption & force
are so much more
abundant & encreasing.
p.3
7.
Objection as per Ld Mansfield
— legal method of
prosecution for all offences.
p.4
8
Answer — Inefficiency
Allusion to Impeachments
p.4
9
Under this law, the malefactor
is unpunishable
— the informer alone punishable. p.4
10
For unfitness not impedable
but to the understanding,
there is
not so much as the
raree shew of a prosecution.
p.5.
§§.7.6. Omitting false
11
Ex. Gr. Suppose Ld Hardwick
had understood
fattening a sheep better
than governing a Kingdom.
p.5.
12.
Yet imbecility among
governing men is at
present the great threatening
mischief — more
than punishable improbity.
p.6
13.
Occasion, nature & necessity
of the contrivance employed
in this case to screen from
punishment the most
exclusively mischeivous
delinquency. p.7.
14
Occasion — Deeming an
imputation true — some
Jury not thinking it fit
a man should be
punished for publishing
useful truths acquitted.
p.7
Redisdate
When guilt in any shape has been
cheerfully imputed to a man in black &
what Be a man he more ever
so guilty the pleasure of
vengeance is secured to
have at any rate:
but if in the shape of
money for sales demand recovered came
instead of the price
for the suffering
that it has done he deserves, he
must give his answer
a last chance for [proving
that the truth & justice of the
charge.] resisting escaping from the
the demand.
Bringing in acts wa is
pleading the fifth clause
nothing improbable in
the charge on the
Js King or, as per Augusts
ded
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press ch. devices |
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marginal summary sheet |
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john herbert koe |
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