JB/067/084/001

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1818 July 4
Penal Code

Till of late years in making this law on each occasion,
for the purpose and the occasion, the Judge had by law not only
the initiative but the whole enactive function. Of late years to the
Judge's initiative liberty has been given to the Jury to apply their
on their part a negative. This negative which for the
of the state, and the exclusion of arbitrary will under
the governance of sinister interest from this part of the penal
as well as constitutional as well as penal code, ought constantly
and invariably to be applied, has been applied
sometimes. Never is it applied in but the seat of cruelty
and cowardice . By the shame and danger of defeat
the laws mischievous power of the law has thus long been kept in a state of salutary impotence, and a mixture of oppression
and vexation to oppression of tyranny on one side,
and licentiousness on the other has been the result.

Thus stands Liberty by his being altogether out of
the question, never having been in existence such is the state
of liberty against this. Perpetually this hanging by
a bare thread thus stands remains everything that by which English
government is in substance and effect distinguished from continental disposition.

But thus how it depends on the Monarch and his adherents
so cut at any time. Only by prejudice, by cowardice,
by want of active talent have they been kept thus long from
cutting it. In all these cases Jury trial Jurors could as steadily
and surely be kept in a the state of a mere instrument of despotism
as House of Commons legislature is. Already by his
own by Statute law the men by whom in this case Jurors are appointed
is the creature of the Monarch: a full sharer in the Monarchs sinister interest
of the Monarch, his servants the Judges and all other servants.

Identifier: | JB/067/084/001"JB/" can not be assigned to a declared number type with value 67.
Date_1	1818-07-04	Marginal Summary Numbering	62-63
Box	067	Main Headings	penal code
Folio number	084	Info in main headings field	penal code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	j whatman 1816
Marginals	george bentham	Paper Producer	john flowerdew colls
Corrections		Paper Produced in Year	1816
Notes public		ID Number	21917
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