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25 May 1808 6

In Chapter the first I trace the activity given to the
Star Chamber was among the causes that produced concerted
in producing mixture to the spheres of absolute monarchy governed
avowed by James the 1st and proposed by his immediate successor + +a resistance which after a course of vitriolic between anarchy and despotism, gave a fixed character at length to the constitution, as settled by the Revolution The activity given to the Star Chamber in Charles 1st time, & the contrast perceived between the insecurity produced by this mode of judicature, & the security created by Jury trial, was a powerful cause of the downfall of the Stuarts, & the destruction of Star Chamber But it was to the Jury - box that the Star
Chamber owed its downfall: for it was by comparing the
utter to insecurity under the Star Chamber with the
comparative security afforded by the Jury-box with
predications from which it was not excluded, that
men Englishmen came to sense the value of feel the more sensibly Jury trial in the
chronicle of a supposed security and to become sensible persuaded
of the necessity of defending themselves against a government
under by which that barrier which to arbitrary power was intended to be recovered got rid of.

It was in the intractability of Juries, and the
impracticability of mounting the people to a any system Juries, and the impossibility of reconciling the people to the want of them, the great restraint upon the otherwise arbitrary power of Cromwell of judicature from which that supposed was extended
that the Commonwealth, and those the Pretender Cromwell found
as a barrier against the forces compleatly
arbitrary which otherwise they might have exercised.

The Judicial tyranny. witnessed under James the 2d. by dependent judges, with Juries chosen amid the tumults of contentious times, proves how far tyranny might have gone, had this check been totally removed. — from which the first impulse toward liberty was communicated. The first impulse to the whole that led on to the Revolution, was the acquittal of the seven 7 petitioning Bishops prosecuted for their petition as for a libel: and this was the spot in which this first impulse originated in the took its rise In the time of James the 2d, the barbarities tyranny continued
for a while by dependent Judges notwithstanding and James
and under favour of the foundation possessed for selecting
amidst the tumult of party for the one problem of their judicature contentions, since at where
known to be most closely attached to
the monarchical side — then their tyranny exercised under
favourable circumstances notwithstanding the capable of being offered by
Turns, serve to shew how much more intolerable and correctable a
Tyranny might have been effected by Judges in the same
situation, if free from unembarrassed by this encumbrance.

Identifier: | JB/035/120/001
"JB/" can not be assigned to a declared number type with value 35.



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not numbered



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constitutional code; evidence; procedure code

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text sheet

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d6 / e5


jeremy bentham



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