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<!-- Date, heading and marginal summaries in pencil --> <p>1 June 1804</p> <head>Evidence</head> <p><note> <sic>Ch. Justiciability Eng.</sic> Law<lb/> <sic>Outlawry</sic></note><lb/> (7</p> <p><note>16<lb/> Jury under the procedure<lb/> of the Sheriff, occupied<lb/> in this enquiry — Utter<lb/> unfitness of such a tribunal<lb/> for such a<lb/> purpose — the procedure<lb/> <add>requisite</add> being <sic>investigatorial</sic> —</note></p> <p> The unfitness the utter unfitness of Juries for such a <add>an</add> <lb/> business <add> operation of this sort/investigation</add> is obvious and indisputable. The procedure is <sic>investgatorial</sic>:<lb/> <!-- brackets in pencil --> [the following out the chain of evidence from link to link<lb/> <del>from</del> the drawing <add>deducing</add> presumptions of <sic>cognizance</sic> from relations local <add>physical</add><lb/> and psychological — the tracing out immediate through hearsay evidence]<lb/> is a process capable of occupying <del>an order</del> a length of time altogether<lb/> indefinable. As certain liquors by decanting, a Jury by<lb/> adjournment loses half its virtue. Within the compass of a single<lb/>sitting, the completion of an inquiry of this sort will in most<lb/> cases be impossible. <del>Accordingly</del> <!-- bracket in pencil --> [Provision is accordingly made<lb/> that of this first post haste enquiry be insufficient, it shall <add>may</add><lb/> be followed by another <hi rend="superscript">+</hi> <note> <hi rend="superscript">+</hi> <sic>Tedd</sic> 136</note> ( a <unclear><foreign><hi rend="underline">melias enquirendum</hi></foreign></unclear>] <sic>thereover,</sic> as<lb/> a hundred such enquiries might be carried on, and the objects <note> || it. 137</note><lb/> of research carried on provision is made for pursuing it by<lb/> a <del>Bill</del> <add>suit</add> in Equity, <add> a Bill of discovery in the Exchequer</add> <del>by which</del> the sort of proceeding by which<lb/> as already <add> hath elsewhere <del>been</del> </add> explained, the business of an hour the business that <del>as of an intelligent</del> <add> suit via</add> Justice of the Peace dispatches in an hour<lb/> may be spun out for years.</p> <p><note>18<lb/> The intervention of a <lb/> Jury is here altogether<lb/> useless — not affording <lb/> any protection against<lb/> abuse of power as<lb/> apprehended at the<lb/> hands of a single Judge</note></p> <p>The use of a Jury where it has any — the use and the<lb/> only use — is to secure the suitor from oppression <add>misbehaviour</add> or partiality<lb/> <add>or negligence</add> on the part of the Judge. Here <add>In the present instance</add> it has not that use any<lb/> more than any other: <del>since</del> the enquiry by a Jury, not,<lb/> preventing the recourse as above to a single Judge or set of<lb/> professional Judges, can have no other effect than <add>that of heaping</add> <del><gap/></del> expense and <lb/> vexation to all parties <add> upon all sorts of persons</add> concerned, | <!-- Date, heading and marginal summaries in pencil --> <p>1 June 1804</p> <head>Evidence</head> <p><note> <sic>Ch. Justiciability Eng.</sic> Law<lb/> <sic>Outlawry</sic></note><lb/> (7</p> <p><note>16<lb/> Jury under the procedure<lb/> of the Sheriff, occupied<lb/> in this enquiry — Utter<lb/> unfitness of such a tribunal<lb/> for such a<lb/> purpose — the procedure<lb/> <add>requisite</add> being <sic>investigatorial</sic> —</note></p> <p> The unfitness the utter unfitness of Juries for such a <add>an</add> <lb/> business <add> operation of this sort/investigation</add> is obvious and indisputable. The procedure is <sic>investgatorial</sic>:<lb/> <!-- brackets in pencil --> [the following out the chain of evidence from link to link<lb/> <del>from</del> the drawing <add>deducing</add> presumptions of <sic>cognizance</sic> from relations local <add>physical</add><lb/> and psychological — the tracing out immediate through hearsay evidence]<lb/> is a process capable of occupying <del>an order</del> a length of time altogether<lb/> indefinable. As certain liquors by decanting, a Jury by<lb/> adjournment loses half its virtue. Within the compass of a single<lb/>sitting, the completion of an inquiry of this sort will in most<lb/> cases be impossible. <del>Accordingly</del> <!-- bracket in pencil --> [Provision is accordingly made<lb/> that of this first post haste enquiry be insufficient, it shall <add>may</add><lb/> be followed by another <hi rend="superscript">+</hi> <note> <hi rend="superscript">+</hi> <sic>Tedd</sic> 136</note> ( a <unclear><foreign><hi rend="underline">melias enquirendum</hi></foreign></unclear>] <sic>thereover,</sic> as<lb/> a hundred such enquiries might be carried on, and the objects <note> || it. 137</note><lb/> of research carried on provision is made for pursuing it by<lb/> a <del>Bill</del> <add>suit</add> in Equity, <add> a Bill of discovery in the Exchequer</add> <del>by which</del> the sort of proceeding by which<lb/> as already <add> hath elsewhere <del>been</del> </add> explained, the business of an hour the business that <del>as of an intelligent</del> <add> suit via</add> Justice of the Peace dispatches in an hour<lb/> may be spun out for years.</p> <p><note>18<lb/> The intervention of a <lb/> Jury is here altogether<lb/> useless — not affording <lb/> any protection against<lb/> abuse of power as<lb/> apprehended at the<lb/> hands of a single Judge</note></p> <p>The use of a Jury where it has any — the use and the<lb/> only use — is to secure the suitor from oppression <add>misbehaviour</add> or partiality<lb/> <add>or negligence</add> on the part of the Judge. Here <add>In the present instance</add> it has not that use any<lb/> more than any other: <del>since</del> the enquiry by a Jury, not,<lb/> preventing the recourse as above to a single Judge or set of<lb/> professional Judges, can have no other effect than <add>that of heaping</add> <del><gap/></del> expense and <lb/> vexation to all parties <add> upon all sorts of persons</add> concerned, those excepted who are paid for<lb/>it.</p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1 June 1804
Evidence
Ch. Justiciability Eng. Law
Outlawry
(7
16
Jury under the procedure
of the Sheriff, occupied
in this enquiry — Utter
unfitness of such a tribunal
for such a
purpose — the procedure
requisite being investigatorial —
The unfitness the utter unfitness of Juries for such a an
business operation of this sort/investigation is obvious and indisputable. The procedure is investgatorial:
[the following out the chain of evidence from link to link
from the drawing deducing presumptions of cognizance from relations local physical
and psychological — the tracing out immediate through hearsay evidence]
is a process capable of occupying an order a length of time altogether
indefinable. As certain liquors by decanting, a Jury by
adjournment loses half its virtue. Within the compass of a single
sitting, the completion of an inquiry of this sort will in most
cases be impossible. Accordingly [Provision is accordingly made
that of this first post haste enquiry be insufficient, it shall may
be followed by another + + Tedd 136 ( a melias enquirendum] thereover, as
a hundred such enquiries might be carried on, and the objects || it. 137
of research carried on provision is made for pursuing it by
a Bill suit in Equity, a Bill of discovery in the Exchequer by which the sort of proceeding by which
as already hath elsewhere been explained, the business of an hour the business that as of an intelligent suit via Justice of the Peace dispatches in an hour
may be spun out for years.
18
The intervention of a
Jury is here altogether
useless — not affording
any protection against
abuse of power as
apprehended at the
hands of a single Judge
The use of a Jury where it has any — the use and the
only use — is to secure the suitor from oppression misbehaviour or partiality
or negligence on the part of the Judge. Here In the present instance it has not that use any
more than any other: since the enquiry by a Jury, not,
preventing the recourse as above to a single Judge or set of
professional Judges, can have no other effect than that of heaping expense and
vexation to all parties upon all sorts of persons concerned, those excepted who are paid for
it.
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Identifier: | JB/057/065/001"JB/" can not be assigned to a declared number type with value 57. |
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1804-06-01 |
16-18 |
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057 |
evidence; procedure code |
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065 |
evidence |
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001 |
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text sheet |
1 |
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recto |
e7 |
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jeremy bentham |
1800 |
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1800 |
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18395 |
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