xml:lang="en" lang="en" dir="ltr">

Transcribe Bentham: A Collaborative Initiative

From Transcribe Bentham: Transcription Desk

Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts

JB/026/087/001

Jump to: navigation, search
Completed

Click Here To Edit

May 1809 19
Elements of Packing. Ch. 10 Unobsequiousness impossible

§.1. Advocate unobsequious

1.
Habituated to act under
the principal which informs
demand for punishment
from do for disapprobation
scarce could any Jury
forbear to convict for any
alledged libel: unless they
could not find a word to
disapprove — viz. on the
ground of decency candour
&c even then they
might find some other
as above p.1.

2.
That if it wod afford
any gratification to see
the deft suffer, he could
not be at a loss to find
a sufficient warrant
for conviction is too manifest
to need argument.
p.1.

3.
Would it be in his power
to avoid saying Guilty?
Metaphysically yes:
morally, no. p.2.

4.
Much less after such
direction as is given by
Elleboro': preclusive as
it is of all free will,
& prophetic of Defts doom.
p 2

4(a)
1. Ellenboro's dicta in
his Charge on Judge
Johnson's trial B.R.
23 Novr 1805 — "No mo
"question is made &c"
p 3

5.
Per Ellenboro' no question
is made of its
being a libel — J.B. Point
on Cobbetts trial for the
same Libel this question
was made — how
comes it not to be made
now? p.4

6.
Conjectures as to
the cause. p.4

67
In R v Cobbett, the
authority to strive agt
was but one Judge out
of 4. Here all 4.
p.4

78
Of the terrific interruption
as above, the
words only not tone
cod be reported.
p.4


---page break---

§.1. Advocate unobsequious

7.
Conjections as to the
causes of the acquiescence —
1. Consciousness that then
obsequiousness is not
confined to Jurors?
2. Acquaintance with
the Guinea men's
characters
3. Nervousness such as
may happen without
fainting?
4. Unpleasant if not
dangerous to grate
agt the feelings of superiors
are continually
encounters?

So it was that nothing
more than liberty
&c being at stake,
Adam posture to renew
the before the
de juris supreme
jurisdiction. p.5.


---page break---

§.2. Jurors unobsequious?

1.
Veteran advocate not
resisting, tho' with ql
plea of professional
duty for his apology
how could a guinea Jury
resist? or even any
Jury taught in the
Blackstone School to regard
the word of any of ql
12 as a rule of faith?
p6.

2.
The licence thus
granted on these terms
for discussing the propriety
of the decision of a
Judge extends to do of
the system under which
he acts — if it can be
done without tending
to expose it to "hatred
& contempt" which
in degree is impossible.
p.7.

3.
Even a tendency to expose
it to "disesteem"
is included in the same
prohibition. p.8.

4.
Sole means of safety
silence: even praise
dangerous as it may
be misconstrued —
Venetian advice p.8.

5.
Examples divers how
by the application of
this rule about decency
and candour, conviction
may be secured without
any wound to the reputation
or conscience of
any Juror.

Atty Genl (Perceval or Gibbs)
takes up a passage in a
political pamphlet —
Gentlemen is this candid?
decent?

Then comes Judge's
charge baring all endurance
of the idea of its
not being a libel as in
R v Cobbett & do v Johnson
(trans quoted.)
p.9.

6.
Guinea men apart
how cod an average man
refuse to say "Guilty"
after this? p10


---page break---

§.2. Jurors unobsequious?

7
Experiment made on an
opposition Parliamt lawyer —
he thought White's
libel indecent and the
three years imprisonment
consequently just.

Every Parliamt lawyer
beholds in is own proper
person an Eldon or an
Ellenboro'




Identifier: | JB/026/087/001
"JB/" can not be assigned to a declared number type with value 26.

Date_1

1809-05

Marginal Summary Numbering

1-7, 1-7

Box

026

Main Headings

elements of the art of packing

Folio number

087

Info in main headings field

elements of packing ch. 10 unobsequiousness impossible

Image

001

Titles

Category

marginal summary sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

f19

Penner

john herbert koe

Watermarks

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

8820

Box Contents

UCL Home » Transcribe Bentham » Transcription Desk