JB/035/290/001

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9 June 1808

That in the composition of these Courts of Conscience, as actually constituted,
have bad features of impropriety are to be found, it I is not I mean not
here intended to dispute. here intended to dispute: But these are confined to the composition of the judicatory: a matter altogether
distinct, and which ought to be carefully distinguished from the mode of procedure
therein pursued in it.

One, that he mentions, is the permanency of the component members
Judges of which it the judicatory is composed appears that each such judicatory of the judicatory.

Another, which he does not mention not noted by him, is the
of the seats in it.+ + See Scotch Ref. Lett. I

Not that, when quickly looked at they will in the character of steps to aristocracy
they will, when quickly looked at upon a quick view, appear altogether so terrific as
it was his endeavour to render them.

The Sitting in a Cou judicatory called Court of Conscience, the
members of it become in his view of them, all aristocrats.
But who are these aristocrats? The same
persons of whom when called upon by the Sheriff, the
nominee of the Crown, the Sheriff, would in a Jury
trial judicatory, called a Court of Assize or a Court of those
Prices, has Juries, either Common or Special would
be composed.

But the Jurymen, as often as they are Jurymen,
will according to him "be found the best investigators of
"truth, and the surest guardians of public justice". Why?
because, according to him, being Jurymen, they will
of course be "sensible and upright" for this is what he
assumes, as necessary to his argument. And why
"sensible and upright?" The reason immediately they are (addition)
"chosen by lot". What is not certain can not b indeed be said is that
this mode of choice is regarded by him as the efficient
cause of their indefinable title to the Character possession of these qualities of sensible
and upright: but what is certain is, that it is not presented
by him as contributing in any respect to weaken that title.

Identifier: | JB/035/290/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-06-09	Marginal Summary Numbering
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	290	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e11
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10883
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