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9 Oct. 1827. Is not this Lord writing determent by law a great
many years ago (say 10 or 12) to J.B. Q.S.P.?
I. , that the Petition of White, & made April 24
1809
II Know that the Law Committee of Justice do sit tomorrow
& take into consideration as much of the said Petition as
upon to the striking of the Spirit Jury —
III Relate the manner in which any Alteration was first asked
to Spirit Juries —
1 Found them always used in matters Criminal Prosecutions
& the Cases for Libel: some picking
2. Considered that they are from this portion of time less fit
than a common Jury on such occasions — Hence by
feelings incurred — x x x x x x x x x x x x x x
x x Less fit from them may retire & — this
class of a Jury being in Libel cases to grasp of the Law
do look as of the Part (1) (1) 32.§.9.c.60 & the whole Law turning
on the tendency of the Libel — Falshood is no longer a
necessary ingredient — but malice & the &c: laid in the
Indictment are still necessary — How these are but attached
to be made matter of proof. Not of inference. Inference
of the Intention is drawn from the complexion & tendency
of the publication — For who can be so to be
the best judges of such tendency as a Jury (12 good
Men & true) selected from amongst those whom the
tendency is to speak? — cases which from the
nature of them are at intricacy of detail,
at reasoning at deep reflexion. The direct, manifest
evident tendency being the point in dispute —
3. Found that these Juries had always made a mode of
complaint & persons tried & those & Ld
of to the public.—
(2)
(2) Found that the Law
was avowedly, & if
not professing, at least
imputing them in
the Court of Exchequer.
4 Learnt upon Inquiry, that no certain account could be
found of the origin or primary object: but had the most
probable association was that they were originally intended
for just sufficient from those to which they
are subsequently & is of applied.
IV The supposed Origin of Spirit Juries — & the of them — say —
in Trials at Bar on motion of intimate account & consent of
the Parties — — True admissions on Facts at those Prices are
Identifier: | JB/081/013/001 "JB/" can not be assigned to a declared number type with value 81.
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1827-10-09 |
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081 |
petition for justice |
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013 |
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001 |
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collectanea |
4 |
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recto |
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c brenchley 1808 |
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earl of shelburne |
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1808 |
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[[notes_public::"9 oct. 1827 is not this lord […?] unless determined by law a […?] many years ago (say 10 or 12) to jb qsp?" [note in bentham's hand]]] |
25800 |
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