JB/035/157/001

Click Here To Edit

25 May 1808

In the order of time then as well as importance the
first thing to be done would be – to frame this portion
of the standard of rectitude, to frame and lay down this
set of rules: and for Scotland, supposing the institutions
proposed extension proposed to be given to Jury trial not to
be called for on other accounts, would be much easier
task than that of giving the proposed extension to the jurisdiction
of a Jury Jurors.

The standard once first set up, then would come the
question, on the part of which of the two rival authorities competing powers
would might the closest observance conformity be expected
with be with most probability be expected? on the most reasonable grounds? – a Judge or
bench of Judges selected for their experience, or a set of
momentary Judges on whose part inexperience is a quality so
essential as not to be dispensed with: or a bench Judge
or bench of Judges perpetually exposed, and perpetually intended to
stand exposed in case of deviation to general censure, exposed in case of a prosecution
to legal punishment under the name of punishment, and
without prosecution to suffering not much the less penal for
not having the name of punishment in the way of loss
of reputation, or a set of Jurymen in whose instance
exemption in every court from suffering in every shape, as well in the
way of loss of reputation as in every other, is at once a
known and purposed result of the darkness in which
their words every word and action rend all the whole tenor of their deportment is
purposely and notoriously involved: a Judge or Bench of Judges, of
whom the rules being once prescribed, it might be required,
as often as the importance of the cause was were sufficient to pay for
the time consumed in such a process it might be required, to
make mention of each such applicable rule, stating at the same
time the application
he conceived himself to
have given to it: or a set of inexperienced Judges strangers to each other as well as to their common business duty, and by on whom
a set of rules, with whatsoever precision framed, would be little less apt to operate as a source of discord, than as a guide band of men and a guide.

Identifier: | JB/035/157/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-05-25	Marginal Summary Numbering
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	157	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e7
Penner	jeremy bentham	Watermarks	th 1806
Marginals		Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	10750
Box Contents