JB/035/267/001

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5 June 1808

§. 2. Second cause of the attachment of Englishmen to Jury judicature
by Juries trial – its peculiarity to English judicature law.

The value given which the imagination
and the affection join concurr in giving to the circumstance
of exclusive possession, how frugal in inconsiderable so ever slight in
other respects be the value of the subject matter
in other respects, is well known. It is still much more
to their rarity than to their brilliancy that diamonds
are indebted for their value. Accident Fortune
having once upon a time at one time amused herself with
producing a white elephant, as she every now
and then does in producing white Negroes and white men
King of the White Elephant become the favourite
title of one of the Kings of Siam.

If every other State in Europe were happy
enough to possess Jury trial in the English stile a felicity blessing which
to equal extent could not scarcely be possessed have been either acquired without the other
elements of the constitution of which it makes a part,
its utility in England with reference to the ends of justice
would not have been lessened by this participation
but the ties by which the affections of the people are attached
to it, would have been wanted deprived of a considerable
part of their force.

So far then as the influence of this principle
extends, so far the real and intrinsick utility of the institution
and thence the uses service that would be rendered by it to Scottish judicature the system of procedure in Scotland
fails of being equal adequate to the value generally set upon it in
England.

Identifier: | JB/035/267/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-06-05	Marginal Summary Numbering
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	267	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d5 / e1
Penner	jeremy bentham	Watermarks	th 1806
Marginals		Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	10860
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