JB/050/093/001

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CERTAINTY. INFORMATION

The differences between the effect of an Information and that of an Indictment. are a
these three

1st That by the first (former mode of prosecution) & a man may be sent to his Trial without
the consent intervention of a Grand Jury
2. That he mayis has cast upon him put to a much greater loadof expence than by the
whether he be innocent or whether he be guilty
3dly That this extra incrementary suffering is inflicted and born in secret , without being included admit
into the picture what is holden up to the people

Other differences there are none.
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Record
These disingenuous which would
disgrace any party were they not so much too common
among all

The first particular is that one, and think I need not take much pains to prove that it
the only one by in which it may often be beneficial to
There are many reasons why it would be in the highest degree dangerous and inexpedient
that a Grand Jury should have the power in all cases to stop on the
instance a contractual prosecution.

In the King v. Wulborn East. 5 G. 2 The Court granted a rule nisi for an Information for not repairing a road upon an Affidavit of its' being foundering & out of repair, after the Grand Jury had thrown out the Indictment. 1 Q. lynge 63.

1st They are Gentleman of the County in which the offence is committed, liable to
connections with the object of the prosecution of Blood, of Interest not always the less forcible in its influence from not ?
being ascertainable by legal Rules, of Friendship, of Duty, with the object of
the prosecution.

2dly They act in secret, solitude bound by an oath to secrecy without any controul upon them but each other: and m
when they happen to be all of a the same party are no controul upon each other
These objections to the exclusive authority <add>cognizance of the Grand Juries</add> hold good only with respect to offences the objects of which are men respo sible
offences, which do not always render the offender infamous & are susceptible of paltions
— accordingly by the thing of our Law, those such offences only with a few exceptions can be
and without any by the practice of it, are, the objects of such this mode of prosecution.
They hold not good with offences, the objects of which are almos mostly irresponsible, such <add>for instance as not those now called known by the genera </add> what
render the offender utterly infamous, which dispel destroy the influence of those connections should they ever
have subsisted, which are fixed and distinctly marked a in their species and degree of guilt, and
are not to be palliated susceptible of palliation. Make a Table of the two different classes. They hold particularly good with respect to Offences committed by Justices of the Peace

Identifier: | JB/050/093/001 "JB/" can not be assigned to a declared number type with value 50.
Date_1		Marginal Summary Numbering
Box	050	Main Headings	procedure code
Folio number	093	Info in main headings field	certainty information
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16084
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