JB/081/013/001: Difference between revisions

Transcribe Bentham: A Collaborative Initiative

From Transcribe Bentham: Transcription Desk

Find a new page on our Untranscribed Manuscripts list.

JB/081/013/001: Difference between revisions

BenthamBot (talk | contribs)
No edit summary
BenthamBot (talk | contribs)
Auto approved
 
(6 intermediate revisions by one other user not shown)
Line 3: Line 3:
<!-- ENTER TRANSCRIPTION BELOW THIS LINE -->
<!-- ENTER TRANSCRIPTION BELOW THIS LINE -->


''This Page Has Not Been Transcribed Yet''
<!-- appears to have been added later --><p>9 <sic>Oct.</sic> 1827.  Is not this Lord <gap/> writing determent by law a great<lb/>many years ago (say 10 or 12) to J.B. Q.S.P.?</p> <p>I. <gap/>, that the Petition of <gap/> White, &amp; made April 24<lb/>1809</p> <p>II <unclear>Know</unclear> that the Law Committee of Justice do sit <unclear>tomorrow</unclear><lb/>&amp; take into consideration as much of the said Petition as<lb/>upon to the striking of the Spirit Jury &#x2014;</p> <p>III  Relate the manner in which any Alteration was first <unclear>asked</unclear><lb/>to Spirit Juries &#x2014;</p> <p>1 Found them always used in <del>matters</del> Criminal Prosecutions<lb/>&amp; the  Cases for Libel: <hi rend="underline"><gap/> <unclear>some</unclear></hi> picking</p> <p>2.    Considered that they are from this portion of time less fit<lb/>than a <unclear>common</unclear> Jury on such occasions &#x2014; <hi rend="underline"><unclear>Hence</unclear></hi> by<lb/>feelings <unclear>incurred</unclear> &#x2014; <del>x x x x x x x x x x x x x x<lb/>x x</del> <hi rend="underline">Less fit</hi> from them may retire &amp; <gap/> &#x2014; this<lb/>class of a Jury being in Libel cases to grasp of the Law<lb/>do <unclear>look</unclear> as of the <del><gap/></del> Part <hi rend="superscript">(1)</hi> <note><hi rend="superscript">(1)</hi> 32.&sect;.9.c.60</note> &amp; the whole Law <hi rend="underline">turning</hi><lb/>on the tendency of the Libel &#x2014; <sic>Falshood</sic> is no longer a<lb/>necessary ingredient &#x2014; but malice &amp; the &amp;c: laid in the<lb/>Indictment are still necessary &#x2014; How these are but attached<lb/>to be made matter of <hi rend="underline">proof</hi>. <unclear>Not</unclear> of <hi rend="underline">inference</hi>.  Inference<lb/>of the Intention is drawn from the complexion &amp; <hi rend="underline">tendency</hi><lb/>of the publication &#x2014;  For who can be so <gap/> to be<lb/>the best judges of <del><gap/></del> such tendency as a Jury (12 good<lb/>Men &amp; true) selected from amongst those <gap/> whom the<lb/>tendency is to speak? &#x2014; <gap/> cases which from the<lb/>nature of them are <del><gap/></del> <gap/> <gap/> at intricacy of detail,<lb/>at <gap/> reasoning at deep reflexion.  The <unclear>direct</unclear>, manifest<lb/>evident tendency being the point in dispute &#x2014;</p> <p>3. Found that these Juries had <gap/> always made a mode of<lb/>complaint &amp; persons tried &amp; those &amp; <sic>Ld</sic> <gap/> <gap/><lb/>of <gap/> <gap/> to the public.&#x2014;<lb/>(2)</p> <p><note><hi rend="superscript">(2)</hi> Found that the Law<lb/><del>was</del> avowedly, &amp; if<lb/>not professing, at least<lb/><gap/> <gap/><lb/><unclear>imputing</unclear> them in<lb/>the Court of Exchequer.</note></p> <p>4 <del>Learnt upon Inquiry, that no certain account could be<lb/>found of the origin or primary object: but had the most<lb/><unclear>probable association</unclear> was that they were originally intended<lb/>for <gap/> just sufficient from those to which they<lb/>are subsequently &amp; is <gap/> <gap/> <gap/> of <gap/> applied.</del></p> <p>IV The supposed Origin of Spirit Juries &#x2014; &amp; the <gap/> of them &#x2014; say &#x2014;<lb/>in Trials at Bar on motion of intimate account &amp; consent of<lb/>the Parties &#x2014; &#x2014; True admissions on Facts at those <unclear>Prices</unclear> are</p>






<!-- DO NOT EDIT BELOW THIS LINE -->
<!-- DO NOT EDIT BELOW THIS LINE -->
{{Metadata:{{PAGENAME}}}}{{Untranscribed}}
{{Metadata:{{PAGENAME}}}}{{Completed}}

Latest revision as of 18:01, 20 October 2023

Click Here To Edit

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 incurredx 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.

Date_1

1827-10-09

Marginal Summary Numbering

Box

081

Main Headings

petition for justice

Folio number

013

Info in main headings field

Image

001

Titles

Category

collectanea

Number of Pages

4

Recto/Verso

recto

Page Numbering

Penner

Watermarks

c brenchley 1808

Marginals

Paper Producer

earl of shelburne

Corrections

jeremy bentham

Paper Produced in Year

1808

Notes public

[[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]]]

ID Number

25800

Box Contents

UCL Home » Transcribe Bentham » Transcription Desk
  • Create account
  • Log in