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<p>1828. Oct. 25.<lb/>
''This Page Has Not Been Transcribed Yet''
<head>Petition for Justice.</head><lb/>
 
<note>1.  Case.<lb/>
 
XII  Juries Subjugated or Subdued.</note></p>
 
<p><head>XII  Juries Subdued</head></p>
<p>1<lb/>
Originally, not<lb/>
Not originally was<lb/>
this device employed:<lb/>
only the foundation<lb/>
laid for it.  But the object<lb/>
of the enquiry being<lb/>
how the grievance<lb/>
might be removed, this<lb/>
could not be left unexposed.</p>
<p>2.<lb/>
History Conjectural.<lb/>
To narrative must<lb/>
be substituted conjecture.<lb/>
By the metropolis<lb/>
travelling Judicatory,<lb/>
a Committee<lb/>
of twelve convened<lb/>
instead of all freeholders.</p>
<p>3.<lb/>
Means gradually applied<lb/>
Beginning where<lb/>
importance was greatest,<lb/>
and distance least,<lb/>
thus the offensiveness<lb/>
of the burthen would<lb/>
at first be minimized.</p>
<p>4<lb/>
Juries troublesome<lb/>
As to King, House of<lb/>
Commons <add>so</add> to Judges,</p>
<del>Jurors</del> <add>Juries would <del>not</del> ever <gap/> <del>those</del> be<lb/>
troublesome:  troublesome</add> sometimes by<lb/>
intellectual inaptitude,<lb/>
sometimes by moral aptitude<lb/>
<del>would be troublesome</del>.
<p>5<lb/>
Means of Breaking Off.<lb/>
Means of removing<lb/>
the <unclear>class</unclear>.<lb/>
1.  Nullification, applicable<lb/>
in civile on<lb/>
both sides;  in criminali,<lb/>
in favor of Defendant's<lb/>
side.</p>
<pb/>
<p><head>XII.  Juries Subdued</head></p>
<p>6<lb/>
Intimidat<hi rend="superscript">n</hi> arrogance cajoling<lb/>
In criminali, in favor<lb/>
of the King, only<lb/>
intimidation, arrogance<lb/>
or cajolery.</p>
<p>7<lb/>
1  Intimidation<lb/>
For intimidation, atteint<lb/>
– <add>was the continual</add> it's atrocity.</p>
<p>8.<lb/>
Atteint<lb/>
Atteint then as common<lb/>
as New Trial<lb/>
now.</p>
<p>9<lb/>
2.  Arrogance.<lb/>
Now for arrogance.<lb/>
By the supposition,<lb/>
the fundamental and<lb/>
continually exhibited<lb/>
supposition, above<lb/>
consummate knowledge,<lb/>
below consummate<lb/>
ignorance.<lb/>
"The law is so and so"<lb/>
<unclear>quoth</unclear> udge.  Whereas,<lb/>
throughout Common<lb/>
Law, there is no law.</p>
<p>10<lb/>
Arrogance – Libel.<lb/>
Example, libel:  every<lb/>
wiring prosecuted<lb/>
for a libel or not, at<lb/>
Judge's pleasure.</p>
<p>11<lb/>
Libel Ellenborough<lb/>
Of it's <hi rend="underline">not</hi> being, instances<lb/>
few.  Yet not<lb/>
unexampled.  Witness<lb/>
Morning Chronicle.</p>
<p>12<lb/>
Arrogance irresistible.<lb/>
Known to Judge, if
to any body, the law<lb/>
must be:  to themselves,<lb/>
Jury have it<lb/>
<unclear>ever</unclear> unknown.</p>
<pb/>
<p><head>XII  Juries Subdued</head></p>
<p>13<lb/>
Decapitator acquitted<lb/>
Example of <del>deference</del> Deference<lb/>
the acquitted decapitation.</p>
<p>14<lb/>
Code the Remedy.<lb/>
Not thus under<lb/>
Code:  <hi rend="underline">there</hi> the law<lb/>
is.  Real law there<lb/>
more intelligible to<lb/>
the least than now<lb/>
to the most learned.</p>
<p>15<lb/>
Remedy Juries as per J.B<lb/>
To the existing system<lb/>
alone apply<lb/>
these remarks.<lb/>
Under the here proposed<lb/>
system, Judges
being made effectually<lb/>
responsible and appeals<lb/>
universally obtainable,<lb/>
more power<lb/>
would be given to<lb/>
the experienced, less<lb/>
to the inexperienced<lb/>
hand.  But the power<lb/>
given to these,<lb/>
would not be at the<lb/>
mercy of Judges.</p>
<p>18<lb/>
And, as to<lb/>
those parts of the <lb/>
field on which<lb/>
<add><del>the <gap/></del></add> to preserve the<lb/>
country from</p>
<del>sinking</del> <add>being plunged</add> into the<lb/>
abyss of absolutism<lb/>
the arbitrary<lb/>
power of the people<lb/>
is an indispensable<lb/>
however in itself<lb/>
undesirable <add>security</add> check<lb/>
of this consideration<lb/>
has been brought to<lb/>
view in the subject of <gap/>.
<pb/>
<p>16<lb/>
Jury's Perjury.<lb/>
Those to whom religion<lb/>
is a laughing<lb/>
stock, and perjury a<lb/>
pastime, might give<lb/>
themselves the enjoyment<lb/>
of it in some other<lb/>
way, without employing<lb/>
it in infusing the power<lb/>
of mendacity into the<lb/>
functions of justice.</p>
<p>17<lb/>
Jury where inapplicable<lb/>
Altogether unsusceptible<lb/>
of <unclear>illusion</unclear> with a Jury<lb/>
are a large proportion<lb/>
of cases, which yet are<lb/>
not cognizable in Equity.<lb/>
Sole resource arbitration<lb/>
<hi rend="underline">after</hi> a <unclear>share</unclear> attempt<lb/>
at Jury Trial.</p>
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{{Metadata:{{PAGENAME}}}}{{Untranscribed}}
{{Metadata:{{PAGENAME}}}}{{Completed}}

Latest revision as of 18:01, 20 October 2023

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1828. Oct. 25.
Petition for Justice.
1. Case.
XII Juries Subjugated or Subdued.

XII Juries Subdued

1
Originally, not
Not originally was
this device employed:
only the foundation
laid for it. But the object
of the enquiry being
how the grievance
might be removed, this
could not be left unexposed.

2.
History Conjectural.
To narrative must
be substituted conjecture.
By the metropolis
travelling Judicatory,
a Committee
of twelve convened
instead of all freeholders.

3.
Means gradually applied
Beginning where
importance was greatest,
and distance least,
thus the offensiveness
of the burthen would
at first be minimized.

4
Juries troublesome
As to King, House of
Commons so to Judges,

Jurors Juries would not ever those be
troublesome: troublesome
sometimes by
intellectual inaptitude,
sometimes by moral aptitude
would be troublesome.

5
Means of Breaking Off.
Means of removing
the class.
1. Nullification, applicable
in civile on
both sides; in criminali,
in favor of Defendant's
side.


---page break---

XII. Juries Subdued

6
Intimidatn arrogance cajoling
In criminali, in favor
of the King, only
intimidation, arrogance
or cajolery.

7
1 Intimidation
For intimidation, atteint
was the continual it's atrocity.

8.
Atteint
Atteint then as common
as New Trial
now.

9
2. Arrogance.
Now for arrogance.
By the supposition,
the fundamental and
continually exhibited
supposition, above
consummate knowledge,
below consummate
ignorance.
"The law is so and so"
quoth udge. Whereas,
throughout Common
Law, there is no law.

10
Arrogance – Libel.
Example, libel: every
wiring prosecuted
for a libel or not, at
Judge's pleasure.

11
Libel Ellenborough
Of it's not being, instances
few. Yet not
unexampled. Witness
Morning Chronicle.

12
Arrogance irresistible.
Known to Judge, if to any body, the law
must be: to themselves,
Jury have it
ever unknown.


---page break---

XII Juries Subdued

13
Decapitator acquitted
Example of deference Deference
the acquitted decapitation.

14
Code the Remedy.
Not thus under
Code: there the law
is. Real law there
more intelligible to
the least than now
to the most learned.

15
Remedy Juries as per J.B
To the existing system
alone apply
these remarks.
Under the here proposed
system, Judges being made effectually
responsible and appeals
universally obtainable,
more power
would be given to
the experienced, less
to the inexperienced
hand. But the power
given to these,
would not be at the
mercy of Judges.

18
And, as to
those parts of the
field on which
the to preserve the
country from

sinking being plunged into the
abyss of absolutism
the arbitrary
power of the people
is an indispensable
however in itself
undesirable security check
of this consideration
has been brought to
view in the subject of .
---page break---

16
Jury's Perjury.
Those to whom religion
is a laughing
stock, and perjury a
pastime, might give
themselves the enjoyment
of it in some other
way, without employing
it in infusing the power
of mendacity into the
functions of justice.

17
Jury where inapplicable
Altogether unsusceptible
of illusion with a Jury
are a large proportion
of cases, which yet are
not cognizable in Equity.
Sole resource arbitration
after a share attempt
at Jury Trial.


Identifier: | JB/081/033/001"JB/" can not be assigned to a declared number type with value 81.

Date_1

1828-10-25

Marginal Summary Numbering

1-16

Box

081

Main Headings

petition for justice

Folio number

033

Info in main headings field

petition for justice

Image

001

Titles

Category

marginal summary sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d13

Penner

john flowerdew colls

Watermarks

Marginals

Paper Producer

Corrections

jeremy bentham

Paper Produced in Year

Notes public

ID Number

25820

Box Contents

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