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<p><!-- pencil -->28 May 1808</p> | |||
' | <p>A man with a strong constitution might <unclear>face</unclear> his colleagues<lb/> | ||
with a wrong verdict, and if prosecuted will he not <gap/> by<lb/> | |||
release. Quere how could this happen?</p> | |||
<p>Compared with Attaint, the remedy originally<lb/> | |||
provided against bad judicature when imported to a <add>the</add> Jury<lb/> | |||
the situation of a Jury under this obligation of pretended<lb/> | |||
unanimity presents a curious state of things. The<lb/> | |||
<add><gap/></add> barbarity which marked the second trial made a<lb/> | |||
most consistent match with the violence and profligacy<lb/> | |||
which gave motion to the first.</p> | |||
<p>Under the <unclear>description</unclear> <del>of <gap/></del> indicated by the word<lb/> | |||
<hi rend="underline">attaint</hi>, where the Jury had given what was looked upon<lb/> | |||
as a wrong verdict, on being prosecuted before a double<lb/> | |||
Jury composed of 24 men of the rank of rights, they<lb/> | |||
forfeited <del>with</del> each of them all his goods and chattels,<lb/> | |||
<del>were the</del> what lands they had were taken into the<lb/> | |||
King's lands for the express purpose of being laid waste,<lb/> | |||
<del>their bodies were</del> their wives and children hired out<lb/> | |||
of doors their bodies thrown into prison there to remain<lb/> | |||
for a time to whatever their cases in <unclear>hand</unclear>, besides <del><gap/></del> et<lb/> | |||
<del><gap/></del> cæteras upon et cæteras too intricate to admitt<lb/> | |||
of explanation, and <del>not</del> in comparison of the above not<lb/> | |||
important enough to warrant it.</p> | |||
<p>Attaints in those days seem to have been little<lb/> | |||
<add>if at all</add> less common than <unclear>new</unclear> trials have: it was sufficient<lb/> | |||
if the verdict was a wrong one: <del>for whether <gap/><lb/> | |||
one</del> and whether the wrong was wilful or the result<lb/> | |||
of mistake – the error accompanied with <gap/> or with<lb/> | |||
mala fides was a distinction to which if any attention<lb/> | |||
was ever paid, no mention of it are to be found in the<lb/> | |||
books.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
28 May 1808
A man with a strong constitution might face his colleagues
with a wrong verdict, and if prosecuted will he not by
release. Quere how could this happen?
Compared with Attaint, the remedy originally
provided against bad judicature when imported to a the Jury
the situation of a Jury under this obligation of pretended
unanimity presents a curious state of things. The
barbarity which marked the second trial made a
most consistent match with the violence and profligacy
which gave motion to the first.
Under the description of indicated by the word
attaint, where the Jury had given what was looked upon
as a wrong verdict, on being prosecuted before a double
Jury composed of 24 men of the rank of rights, they
forfeited with each of them all his goods and chattels,
were the what lands they had were taken into the
King's lands for the express purpose of being laid waste,
their bodies were their wives and children hired out
of doors their bodies thrown into prison there to remain
for a time to whatever their cases in hand, besides et
cæteras upon et cæteras too intricate to admitt
of explanation, and not in comparison of the above not
important enough to warrant it.
Attaints in those days seem to have been little
if at all less common than new trials have: it was sufficient
if the verdict was a wrong one: for whether
one and whether the wrong was wilful or the result
of mistake – the error accompanied with or with
mala fides was a distinction to which if any attention
was ever paid, no mention of it are to be found in the
books.
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Identifier: | JB/035/190/001"JB/" can not be assigned to a declared number type with value 35. |
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1808-05-28 |
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035 |
constitutional code; evidence; procedure code |
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190 |
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001 |
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text sheet |
1 |
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recto |
d24 / e1 |
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jeremy bentham |
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10783 |
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