JB/035/118/001

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24 May 1808 4 (3) 3

The choice thus lies — not between a Judge or Bench
of Judges without a Jury, and a Jury without a Judge
or Bench of Judges but between a Judge or Bench of Judges without a Jury, and
a Judge or Bench of Judges with a Jury. A Jury The Jury-box is therefore
in every case an additament appendage to the Bench: and the size
of this additament, the size, whatever it be, must consist in
its operating as in the character of a preservative against some of the mischiefs
the are as more of the wits opposite and corresponding to the
ends of justice: viz. to those wits not considered not in the abstract, but as liable to result from this or that feature
of imperfection in the mens conduct of the person on the Bench experienced
and permanent Judge or Judges.

Of the check thus applied to the power of the
Court (a) (a) The appellation given to the Judge or Judges to that part of the which is composed of the Judge or Judges in contradistinction to that which is composed of the Jury. the effect according to the nearest general description
of it that can be given is this — the decisions pronounced in
the whole matter question of law and of question of fact together is pronounced by the Jury: but of this decision
the effect is liable to be defeated by a decision of pronouncing by the
Court on the question of law taken by itself: which frustration
may be produced in any of a variety of ways, some
direct and manifest some indirect, and not manifest: and this as
well before the pronouncing of the decision of the Jury (called the
Verdict) as afterwards.

Thus it is that the idea presented by a cause carried
on in the influence way of Jury trial is rather that of a cause
having for its judges the principal <add>part of the judicatory</add> the Jury then with a person in the hands
of the Court for controuling the decision of the Jury, than that of
a man having for the principal part of its judicatory,a the
the Court not with a power in the hands of the Jury for controuling the
decision of the Jury.

The influence of the Court over the decision is much
more easily and frequently exerted in favouring of the defendants to the disadvantage of the Plfs side
than in favour of the Plff's to the disadvantage of the defendants side:
[+]
[+] and in particular after a Verdict in favour of the defendant's side, it is in no case in the power of Court to give a judgement in favour of the Plff's side

Identifier: | JB/035/118/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-05-24	Marginal Summary Numbering	8-11
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	118	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3 / d4 / e3
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	10711
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