JB/035/273/001

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7 June 1808

In this state of things, whenever the government is has been tyrannical,
on the part of Juries to give impunity to a propensity to save delinquents has
been a necessary condition to the preservation of salvation of the constitution. Framed by lawyers, partly in the character of
scribes to the legislator, partly in the character station of Judges
making law, in this part as in every other part of the
field of law, in pretence of declaring it, the law of treason
admitts not – nor indeed would it be have been altogether easy for
it to admitt, in any case, the legality of resistance.
But On the other hand Under the law as it stood, Russell and Sidney, those
of the Whig calendar, were traitors no less decidedly,
than the assassins who without their purity, were
in the way of assassination conspiring to the same end.
But On the other hand when parties are once formed, Jurors
secured by the institution against the arm of superior power
will no more condemn to die the death as a traitor, guilty or not
guilty, use of their own party and way of thinking,
than any one of them would condemn himself to the
same death.

But without the co-operation of a Jury, it is not
in the power of government, under the law in its ordinary
state, to condemn cause a a man to be punished as a traitor
whatsoever he may have done.

Treason – Sedition – everything of that sort is belongs to
criminal law: and the branch of the law here in question
is the civil branch.

True: but the action cause in which Hampden was plaintiff,
the action cause about Ship-money was not a criminal but a civil one: and
the question there tried was – whether in future the supreme
power should be in the hands of the King in Parliament, or
of the King without a Parliament: and this cause, like any
other would, if the defendant, the King's Regent, had not taken it out of the hands
of the King by a demurrer, have been to be decided upon by a Jury.

Identifier: | JB/035/273/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-06-07	Marginal Summary Numbering
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	273	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner	jeremy bentham	Watermarks	th 1806
Marginals		Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	10866
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