JB/035/119/001

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25 May 1808

Appeal an inadequate succedaneum to Jury

When Where the Judges are in the nomination of the Monarch
whether sitting in which sort of judicatories soever sitting,
single-seated or many-seated but more especially
in single-seated are in the nomination of the Monarch, and
at the same time removeable by him at pleasure, it is rests
with him, if he possess but common sagacity and fortitude at all times in his power to command their decisions
and thence to make himself absolute and uncontroverted master of the lives
of his subjects.

Without Juries Parliaments whom would have been
an effectual barrier against the power of the Monarch,
scarce, but for Juries it would have been to such a degree
in his power to afflict and torment distress and upon occasion
destroy the members in their private capacity, that in their
public capacity they would never venture to oppose him.
With a little more economy and general prudence James and Charles the 1st
might have contrived to go on without a Parliament: and
those that protection would have been at an end.

By the instructability of Juries Henry the 7th
was forced into the line of policy, he struck into – viz.
acting by permanent Judges alone some in single-seated
some in many-seated judicatories: Justices of the Peace
all over the kingdom in so many single-seated judicatories.
The Star-Chamber, a many-seated judicatory
but the members all of the displaceable at pleasure
served for criminal judicature in criminal penal matters causes
of a the higher order not extending to capital: the Star-Chamber
a judicatory unclogged with a Jury-box
instead coming in the place of a King's bench, clogged with that encumbrance.

Identifier: | JB/035/119/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-05-25	Marginal Summary Numbering	not numbered
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	119	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / d5 / e4
Penner	jeremy bentham	Watermarks	th 1806
Marginals		Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	10712
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