JB/035/123/001

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23 May 1808

Ch. 2. Features of Jury Trial

and Distinguishable and Distinguishing features of Jury trial, as practised in England,
in ordinary civil cases.

I. Features constituted by and depending on the composition of the judicatory –
I. Features inseparable essential and necessarily peculiar –
I. Essential features essential and inseparable.

1. The Judges members of which this part of the judicatory is composed
(the other part being composed of the directing Judge or Judges)
inexperienced unlearned(1) Note
(1) Justices (in Sessions) between <hi rend="underline">learned</hi> and unlearned permanent. i.e. uninstructed in that peculiar branch of learning
which constitutes the matter of legal science, and in which
the members of the directing part of the judicatory have in the superior
2 (1) The Judges members not appointed
Courts at least been instructed by professional experience.

3. 2. The Judges members not appointed, not directly at least, by the King
the head of the executive administrative department of the government.

2. 3. The members taken from the body of the people:
but neither not from the lowest and least informed classes ranks, any
more than from the highest and best-informed.

4. The station occupied by the members of this part of the judicatory impermanent;
the members of it ever-changing: changing week to week, from day to
day, not least from week to week, and in part even from
cause to cause.

5. The The composition of the aggregate body out of which the members are
taken for the purpose to serve of each individual the several cause determined
from a criterion mark by by qualification, of which pecuniary sufficiency a gross estimate or presumption of pecuniary is the
visible exterior sign or and standard: not by any qualifications of
a moral or intellectual nature, except in so far as they may be regarded the
natural and presumable on the ground accompaniments of the pecuniary qualifications.

6. Within the limits of the aggregate body the thus composed each of its
members are on the occasion of each several cause shall serve on take cognizance of that cause,
selected determined by chance: by chance in contradistinction to choice,
whether in their made by each member for himself, or by any person else.

7. The members of this part of the judicatory bound to pronounce
their decision on the spot, i.e. before this part of the judicatory is
deposed.

8. By the concealment of the part taken by each member on the occasion
of the decision pronounced by this unlearned part of the judicatory, the each
member screened from all responsibility in respect of it: to wish wit with
from all as well in the way of
supposed moral blame and popular reproach, as in the way of legal punishment.

Identifier: | JB/035/123/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-05-23	Marginal Summary Numbering	1-2
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	123	Info in main headings field
Image	001	Titles	ch. 2 / features of jury trial
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / e1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10716
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