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26 May 1808
2 The number always in all cases twelve: neither more nor less
in any cases.
In the constant identity of of the number quantity of the supply provision – and that
under so great a variation in the demand, may be seen
already the inconsistency, the incongruity: but now
the and in a determinate shape, the mischief comes to rises to near
view. Value of the matter cause in dispute, not equal perhaps
to that of the days labour of one man: and in this
character situation alone to a day's labour of twelve men occupied
in settling it the endeavour to settle it.
Actually it appears the number was unlimited
in each the judicatory of each district – viz. county, city
or division of a county called a hundred – or division
of a hundred called a tithing, or settled non-hearing or
a manor, or a barring all persons of the class of freeholders:
that is such of them as voluntarily, or by
compulsion happened in each instance to find their way
into it. From this universality came arose the greatest
inequality: in a large district, a crowd too great for
any business: in a small the scanty number, sufficient
perhaps partiality apart for trifling causes, insufficient for important ones.
All this is a field in which imagination may range
without being meeting with obstruction from power facts.
If none there be not one of those examples precedents furnish a reason for number
twelve as applied to the members of a Jury, no one
but what operating in the imagination may for those dark times may have operated as a of it.
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Identifier: | JB/035/164/001 "JB/" can not be assigned to a declared number type with value 35.
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035 |
constitutional code; evidence; procedure code |
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164 |
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text sheet |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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10757 |
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