JB/035/191/001

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28 May 1808

Sitting under the forced appearance of unanimity, the
institution of a Jury when compared with the confusion
that must have preceded it will appear a very
capital improvement. Before the number of those occasional
Judges was thus limited, the business of judicature,
without a permanent Judge for their direction was performed
by the whole mob, greater in number of persons enjoying
the condition of freeholders, persons qualified to be Jurors,
persons possessed of the quasi-pecuniary qualification which
continued to be required on the part of those their Committeemen
or delegates. These The judicatory constituted by This limited number was
to he original judicatory unlimited with its number of members which
in the Election judicatories of the House of Commons the
Committee under the Act is to the original judicatory
composed of the House at large.

While the number was thus unlimited, the judicial
establishment of which it formed a part security
with reference to the ends of justice be considered
as equal to the more simple sort of judicatory composed
of permanent Judges when in the stile of human procedure.
Its utility consisted rather in its being a
step towards the sort of judicatory of which a Jury
forms a part than in any advantage good effects which of itself in its own institution
is afforded produced with reference to the ends of justice.

Under it The business of judicature was carried on by it probably with
less steadiness and regard to reason than on those same terms
it would have been under a single permanent Judge or bench
of permanent Judges. But in a political state it served
to check and ballance and check the despotism of the King –
in its application to criminal procedure, it served as a security
to life and limbs against tyranny from the same quarter, and which in
its application to civil
causes it led the way
to Jury trial upon that
present footing on which
it continues at present.

Identifier: | JB/035/191/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-05-28	Marginal Summary Numbering	not numbered
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	191	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d25
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	10784
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