JB/026/038/001

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Mar. 1809 Part 4 1
Press. Judge's Opinion Concluding Observations Ch. 1. Statute proper but scant

§§.1. Act's propriety.

1.
Result of their opinion
— declaratory act confirmation
of the right
contested by it. p.1.

2.
Of the propriety of
the confirmation — viz of
the rights of Juries satis
supra.

Has the service obtainable
from Judges
been narrowed by it?
Negatur. p.1. —

3
To the utmost service
reddible by the Judge power
is not necessary: wisdom
is sufficient. p.1. —

4.
Fit the Judge's opinion
should be given
unfit conclusive.
p2

5
Difference in this
respect between Guilty &
not Guilty
Guilty decides the law:
not guilty, not. p.2.

6.
By Judge's opinion
if conclusive on the law,
a delinquent may be
exempted. p.3

7
Not an innocent
Deft convicted.

Unless the Jury
can be persuaded to
make a conscience
of adopting his opinion
in preference to their
own. p.3.

8
In the field of law,
to an extent sufficient
to destroy the Constitution
Judges to the interest
add the power of producing
this effect: libel
law suffices of itself
p.3.

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§§.2. Acts scantiness

1
But the declaration
thus made of the rights
of Juries was scanty —
not extending beyond
libel law. p.1.

2.
By what consideration
of utility was this
Scantiness produced —
had the Judges acknowledgement
extended no
further, prudential
caution might have
been pleaded: the
constitution secured, in
one of its vital parts
we look no further.
p.1.

3
But the acknowledgement
of Judges was
not only coextension
with Jury law but
in the most pointed
terms p.2.

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§§.3. Judges claim to declare
negatived.

1.
By the Act that
ensued, this attempt
of the Judges to be recognized
as entitled
to declare law was
(though tacitly) negatived

The words protested
against by Judges
are employed in the Act.
p.1.

Identifier: | JB/026/038/001 "JB/" can not be assigned to a declared number type with value 26.
Date_1	1809-03	Marginal Summary Numbering	1-8, 1-3, 1
Box	026	Main Headings	law amendment
Folio number	038	Info in main headings field	part ii press judge's opinion concluding observations
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1
Penner	john herbert koe	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	8771
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