JB/035/244/001

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2 June 1808

In this argument an assumption is included; viz.
that the security against error increases at any rate
up to the number twelve with the number of Judges
of this description employed upon the cause.

The sense of the proposition thus affirmed the truth
is not to my opprtunism clear clear to me. When responsibility has place,
the reverse has already been stated as clear + + testite thif. Libr. 1 but here responsibility
is not to have place:to be excluded this being the case
instead of a span filled occupied by reason, a void presents itself
to my view: that by augmentation of the number from three as far as twelve the chances against error may be
increased, diminished, is less as they are, in proportions
that present themselves as standing, all of them, upon equal
ground. I see not clearly in what way within this limit the circumstance
of number can exercise any determinate influence: the
Judge being in each case present, to and ready to
give direction to every judgment thinks apply for it fit to accept
it.

But the assumption being such as many seem disposed
to make, let us for argument sake accede to it

For applying making the desired increase of number on the
sum of increase of importance in the cause, increase lb/>of number to the number of the jurors occupied in it
three modes present themselves -
1. One is, to make a table or scale of importance: three
Jurymen, for example, to be the number to be employed
in causes of the lowest degree of importance, viz. in value
from 5 (causes up to that value being in Scotland determined
by the Small Debt Courts) to 10 or 20: and so
upward, till the number rises to eleven, or in analogy to
the numbers employed in a criminal cause, as high as fifteen.

Identifier: | JB/035/244/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-06-02	Marginal Summary Numbering	not numbered
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	244	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e6
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10837
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