JB/034/113/001

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1823 August 14
Constitutional Code

If The service, such as it is, which is rendered to justice in
systems in which the name word of Jury is employed it may be almost be
a question questioned whether the it be in a direct way or otherwise
than in an indirect way that the upon the whole the greatest
part of it is rendered. Along with the Jury, a portion of
the public has all along been let in: thus the Jury itself
forms on each occasion a portion part and parcel of the great public at large,
and by in proportion to the change made in the persons by whom that function
is performed, that portion receives enlargement: Hence it
is that in Jury cases, publicity of judicature has been the to a
degree more or less extensive a considerable extent though nowhere in an all comprehensive nor therefore in an adequate extent the practice
practice: being the practice in those cases, the general reputation
of finding it so in others wherever it has been the practice has become general: and

Thus it In this indirect way it is that Jury trial is of consid
to an extent more or less considerably of use, in cases, in which
as to the affording any binding check upon the partiality improbity on
the part breast of the Judge it would be little better than useless:
Witness all those cases in which the choice of the Jury is
immediately or immediately in the hands either of the Judge,
or of some other dependant creature of creations of the Monarch,
in all such cases it may be a question whether in the character
of a check to improbity in the Judge it does more good than
it does evil in the character of a cloak.

Not only it has the public at large acquired the habit
and thence be to a practical effect the right of stealing in as it were
under the cloak of the Jury, but by the power given to the Jury the
Judge finds himself under the necessity of addressing his discourse
to them rend explanatory of the nature of the case, and of the
grounds on which his advice and recommendations considerations on which in the character of reasons if any is
given to them has been grounded founded. Suppose then for argument sake an advice
manifestly repugnant to justice given by him to them – what is the consequence.
If he gives no reason
he does not give himself
the chance of he might have
of preventing by sophistry, and
the injustice, being without
a mask will draw instead of compassing its object, will expose him to just reproach: if he gives reasons, the being by the supposition weak, they will expose him to reproach by their weakness.

Identifier: | JB/034/113/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-08-14	Marginal Summary Numbering	12-13
Box	034	Main Headings	constitutional code
Folio number	113	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d4 / e4
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10387
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