JB/035/140/001

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May 1808

3. or 4. Antecedently to the commencement of the trial (the hearing
before the Jury) the individual member of which whom this part
of the judicatory is to be composed, not foreknown, nor foreknowable.

If for

If foreknown, they would be exposed to the action stand liable to the action of sinister
influence: the Like the masters of the French many seated judicatories called Parliaments, they would be exposed to sollicitation in causes breeching the constitution,
they would be exposed to sollicitation they would be liable to be beset, immediately or immediately the Ministers and agents of the crown: in causes between individual
and individual, by the parties or their connections
with threats and or promises in their mouths lips or on their locks.

he use of this part of the judicatory is to act
as a check upon the other: but between the party to
whom, and the party in and by whom the check is to
be applied, the less the opportunity of social intercourse –
the more perfect the mutual strangeness – the more secure
the efficacy of the check.

Suppose out of Court a previous and private intercourse
between the Judge and the Jury even or any one so much as a
single member leading member of it by insinuations thus conveyed out of
Court he might upon occasion exercise an influence such as he would
not venture dare to exercise in Court by undisguised observations
publickly delivered expressed in public. In this case whosoever gained
the Judge might in this way gain the Jury: and an injustice
which the Judge, speaking acting in public would not dare venture to committ
that so much as to advocate, he might thus operate bring about in perfect
security, operating by through the means of a judicatory, an essential of which the
utility as well as the essential character depends in the irresponsibility
of its members and thence on the secrecy in which their proceedings are enveloped.

Identifier: | JB/035/140/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-05	Marginal Summary Numbering
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	140	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks	th 1806
Marginals		Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	10733
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