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<head>Juries</head><!-- indented from left-hand margin, and in pencil --> | |||
<head>{temporary heading to identify column} COLUMN 1</head> | <head>{temporary heading to identify column} COLUMN 1</head> | ||
Line 14: | Line 12: | ||
<head><!-- symbol --> 2</head> | <head><!-- symbol --> 2</head> | ||
<p>Beneficial institutions <add>Accidental <unclear>an-<gap/><unclear | <p>Beneficial institutions <add>Accidental <unclear>an-<gap/></unclear> accompaniment</add> | ||
<lb/> | <lb/> | ||
accidentally | accidentally | ||
Line 49: | Line 47: | ||
<p>Supposed advantages | <p>Supposed advantages | ||
<lb/> | <lb/> | ||
Arguments < | Arguments <unclear>in its</unclear> | ||
<lb/> | <lb/> | ||
favour derived | favour derived | ||
Line 55: | Line 53: | ||
from its essential | from its essential | ||
<lb/> | <lb/> | ||
< | <unclear>concomitants</unclear> <!-- 'co...mitants —' ? --> <gap/> | ||
<lb/> | <lb/> | ||
<gap/><!-- 'am...ed' ? --> . | <gap/><!-- 'am...ed' ? --> . | ||
Line 88: | Line 86: | ||
<pb/> | <pb/> | ||
<head>{temporary heading to identify column} COLUMN 2</head> | <head>{temporary heading to identify column} COLUMN 2</head> | ||
Line 117: | Line 106: | ||
<head>Inessential</head> | <head>Inessential</head> | ||
<head>defects</head> | <head>defects</head> | ||
<p> | <p>If <gap/> <add><gap/></add> | ||
<lb/> | |||
<del>Accidental | |||
<lb/> | |||
<gap/> | |||
<lb/> | |||
<gap/> | |||
<lb/> | |||
accidentally <gap/></del> <add>Accidentally</add> | |||
<lb/> | |||
<del><gap/></del> <add><del>appendages</del></add> it | |||
<lb/> | |||
of <gap/> | |||
<lb/> | |||
<gap/> with it | |||
<lb/> | |||
Essential defects | |||
<lb/></p> | <lb/></p> | ||
<head>4</head> | <head>4</head> | ||
<head>Supposed advantages</head> | <head>Supposed</head> | ||
<head>advantages</head> | |||
<head>5 .</head> | <head>5 .</head> | ||
<head>Relative | <head>Relative utility</head> | ||
<head>6</head> | <head>6</head> | ||
<head>Cause of its popularity .</head> | <head>Cause of its</head> | ||
<head>popularity .</head> | |||
<pb/> | <pb/> | ||
Line 142: | Line 149: | ||
they exist — & because | they exist — & because | ||
<lb/> | <lb/> | ||
they are not <unclear>executed</unclear> | they are not | ||
<lb/> | |||
<unclear>executed</unclear> | |||
<lb/></p> | <lb/></p> | ||
Line 149: | Line 158: | ||
the Bar-Chamber | the Bar-Chamber | ||
<lb/> | <lb/> | ||
in <gap/><!-- the --> <gap/> law | <unclear>in</unclear> <gap/><!-- the --> <gap/> law | ||
<lb/> | <lb/> | ||
Court <gap/><!-- understate ? --> <gap/> | Court <gap/><!-- understate ? --> <gap/><!-- 'or' ? --> | ||
<lb/> | <lb/> | ||
< | <unclear>execute</unclear> <hi rend='underline'>were</hi> of that | ||
<lb/> | <lb/> | ||
number . The Laws | number . The Laws | ||
Line 159: | Line 168: | ||
against <gap/> | against <gap/> | ||
<lb/> | <lb/> | ||
and < | and <unclear>dissenters</unclear> <hi rend='underline'>are</hi> | ||
<lb/> | <lb/> | ||
of that number | of that number | ||
Line 183: | Line 192: | ||
letting off good | letting off good | ||
<lb/> | <lb/> | ||
men is | men is as if | ||
<lb/> | <lb/> | ||
one were to say | one were to say | ||
<lb/> | <lb/> | ||
of <add>a parcel of</add> gunpowder | of <add>a parcel of</add> Gunpowder | ||
<lb/> | |||
this is good gunpowder | |||
<lb/> | <lb/> | ||
- for | |||
<lb/> | <lb/> | ||
<gap/> <gap/> day when | <gap/> <gap/> day when | ||
Line 197: | Line 208: | ||
snapped in the | snapped in the | ||
<lb/> | <lb/> | ||
face <unclear>of</unclear> a <gap/> | |||
<lb/> | <lb/> | ||
a pistol that was | a <unclear>pistol</unclear> that was | ||
<lb/> | <lb/> | ||
primed with it | <unclear>primed</unclear> with it | ||
<lb/> | <lb/> | ||
is | is <unclear>missed</unclear> <unclear>fire</unclear> | ||
<lb/></p> | <lb/></p> | ||
Line 210: | Line 221: | ||
<unclear>know</unclear> a <del>Jury to</del> | <unclear>know</unclear> a <del>Jury to</del> | ||
<lb/> | <lb/> | ||
Tribunal like | Tribunal <unclear>like</unclear> | ||
<lb/> | <lb/> | ||
Gunpowder: | Gunpowder : | ||
<lb/> | <lb/> | ||
for Gunpowder | for Gunpowder | ||
Line 218: | Line 229: | ||
when it is good | when it is good | ||
<lb/> | <lb/> | ||
<gap/> . were they | <gap/><!-- 'distroy' ? --> . <unclear>were</unclear><!-- or, 'even' ? --> they | ||
<lb/> | <lb/> | ||
in its <gap/> | <unclear>in</unclear><!-- or, 'are' ? --> its <gap/> | ||
<lb/></p> | <lb/></p> | ||
Line 247: | Line 258: | ||
<pb/> | <pb/> | ||
<head>{temporary heading to identify column} COLUMN 5</head> | <head>{temporary heading to identify column} COLUMN 5</head> | ||
<head>34</head> | <head>34</head> | ||
<p> | <head>Star Chamber</head> | ||
<p><!-- indented slightly --> The offences they | |||
<lb/> | |||
were charged with | |||
<lb/> | |||
were the writing | |||
<lb/> | |||
and <gap/> <gap/> | |||
<lb/> | |||
of the <add>system of</add> <gap/> <gap/> | |||
<lb/> | |||
that <add>government</add> were <gap/> | |||
<lb/> | |||
on - the speaking | |||
<lb/> | |||
ill of Bishops | |||
<lb/> | |||
collectively to <gap/> | |||
<lb/> | |||
— <gap/> : the speaking | |||
<lb/> | |||
ill of <gap/> | |||
<lb/></p> | |||
<p>When was the <gap/> | |||
<lb/> | |||
mischief? that laws empowering | |||
<lb/> | |||
men to punish | |||
<lb/> | |||
those who he | |||
<lb/> | |||
should be <gap/> | |||
<lb/> | |||
to — but there | |||
<lb/> | |||
should <gap/> <gap/> | |||
<lb/> | |||
laws . | |||
<lb/></p> | |||
<p><gap/> is a | |||
<lb/> | |||
bad thing — Tyranny itself is | |||
<lb/> | |||
a much less <gap/> | |||
<lb/> | |||
than what <gap/> | |||
<lb/> | |||
but in the cost | |||
<lb/> | |||
of <gap/> <gap/> in | |||
<lb/> | |||
which <gap/> have | |||
<lb/> | |||
been used to <gap/> | |||
<lb/> | |||
a little anarchy | |||
<lb/> | |||
keeps <gap/> tyranny | |||
<lb/> | |||
from being | |||
<lb/> | |||
<gap/> . | |||
<lb/></p> | <lb/></p> | ||
<pb/> | |||
<head>Juries</head><!-- indented from right-hand margin, and in pencil --> | |||
<head>{temporary heading to identify column} COLUMN 6</head> | <head>{temporary heading to identify column} COLUMN 6</head> | ||
<head>36</head> | <head>36</head> | ||
<p> | <head>Capit. punishmen<hi rend='superscript'>t</hi></head> | ||
<p>Juries are <del>ab</del> | |||
<lb/> | |||
necessary where | |||
<lb/> | |||
capital punishment | |||
<lb/> | |||
is established <gap/> | |||
<lb/> | |||
especially | |||
<lb/> | |||
for state crimes | |||
<lb/> | |||
What does that | |||
<lb/> | |||
prove that juries | |||
<lb/> | |||
are necessary ? | |||
<lb/> | |||
No, but that capital punishment | |||
<lb/> | |||
is <gap/> <unclear>there</unclear> . | |||
<lb/></p> | |||
<head>36</head> | |||
<head>Libels</head> | |||
<p><!-- indented -->Juries are necessary | |||
<lb/> | |||
when the | |||
<lb/> | |||
Law of libels | |||
<lb/> | |||
is <gap/> , where | |||
<lb/> | |||
all <del><gap/></del> <gap/> | |||
<lb/> | |||
<gap/> | |||
<lb/> | |||
is to libel , where | |||
<lb/> | |||
history is a libel | |||
<lb/> | |||
and where truth | |||
<lb/> | |||
is declare to | |||
<lb/> | |||
make it so much | |||
<lb/> | |||
the worse . | |||
<lb/></p> | |||
<p><!-- indented -->Where conviction | |||
<lb/> | |||
or acquittal depends | |||
<lb/> | |||
upon the undeclared | |||
<lb/> | |||
and <gap/><!-- 'unsuitable' ? --> | |||
<lb/> | |||
caprice | |||
<lb/> | |||
of the Judge : a | |||
<lb/> | |||
caprice which <gap/> | |||
<lb/> | |||
to declare | |||
<lb/> | |||
itself and which | |||
<lb/> | |||
at the time it is | |||
<lb/> | |||
called for to decide | |||
<lb/> | |||
the fate of a <add>fellow</add> citizen | |||
<lb/> | |||
is not so much | |||
<lb/> | |||
as formed | |||
<lb/></p> | <lb/></p> | ||
<pb/> | |||
<head>{temporary heading to identify column} COLUMN 7</head> | <head>{temporary heading to identify column} COLUMN 7</head> | ||
<head>36 Libel</head> | <head>36 Libel</head> | ||
<p> | <p><!-- indented -->That <gap/> should | ||
<lb/> | |||
be <gap/> ? — | |||
<lb/> | |||
<gap/> — <gap/> | |||
<lb/> | |||
<!-- indented -->That the liberty | |||
<lb/> | |||
of expressing disapprobation | |||
<lb/> | |||
of | |||
<lb/> | |||
the conduct of <gap/> | |||
<lb/> | |||
man in any | |||
<lb/> | |||
times should be | |||
<lb/> | |||
declared sacred | |||
<lb/></p> | |||
<p><!-- indented -->That the <gap/> | |||
<lb/> | |||
if true <add><gap/></add> | |||
<lb/> | |||
<gap/> <gap/> | |||
<lb/> | |||
<del>ref</del> facts knowing | |||
<lb/> | |||
them to be | |||
<lb/> | |||
so should be | |||
<lb/> | |||
punished with | |||
<lb/> | |||
severity | |||
<lb/></p> | |||
<p><!-- indented -->That the <unclear>rack</unclear> | |||
<lb/> | |||
publication of <gap/> | |||
<lb/> | |||
<gap/> without <gap/> | |||
<lb/> | |||
<gap/> | |||
<lb/></p> | |||
<!-- horizontal line, though still column 7 --> | |||
<p>can arbitrary Jury | |||
<lb/> | |||
<unclear>or</unclear> a less cost <gap/> | |||
<lb/> | |||
an arbitrary <unclear>Judge</unclear><!-- though the last letter looks like an 's' --> | |||
<lb/></p> | |||
<!-- horizontal line, though still column 7 --> | |||
<p>they <gap/> <gap/> | |||
<lb/> | |||
is— no should | |||
<lb/> | |||
still be punishable | |||
<lb/> | |||
though with less | |||
<lb/> | |||
severity | |||
<lb/></p> | |||
<p><!-- indented -->That the option | |||
<lb/> | |||
of different degrees | |||
<lb/> | |||
of satisfaction | |||
<lb/> | |||
<gap/><del><!-- looks like Lean --></del> such as | |||
<lb/> | |||
wounded <gap/> | |||
<lb/> | |||
would be <unclear>soothed</unclear> | |||
<lb/></p> | <lb/></p> | ||
<!-- horizontal line, though still column 7 --> | |||
<p>a <unclear>caprice</unclear> which | |||
<lb/> | |||
knows no ruler | |||
<lb/> | |||
nor so much as | |||
<lb/> | |||
the <gap/> of a | |||
<lb/> | |||
rule | |||
<lb/></p> | |||
<!-- horizontal line, though still column 7 --> | |||
<p><del>by</del> should be | |||
<lb/> | |||
given <add>added</add> along with | |||
<lb/> | |||
that <gap/><!-- 'necessary' ? --> | |||
<lb/> | |||
satisfaction which | |||
<lb/> | |||
honour <gap/> | |||
<lb/></p> | |||
<pb/> | |||
<head>{temporary heading to identify column} COLUMN 8</head> | <head>{temporary heading to identify column} COLUMN 8</head> | ||
<head>36</head> | <head>36</head> | ||
<head>Libel</head> | <head>Libel</head> | ||
<p> | <p>That defamation | ||
<lb/> | |||
through <gap/> | |||
<lb/> | |||
<gap/> or <gap/> | |||
<lb/> | |||
should be | |||
<lb/> | |||
made punishable | |||
<lb/> | |||
with different | |||
<lb/> | |||
degrees and measures | |||
<lb/> | |||
of disgrace <add><del><unclear>analogies</unclear></del></add> | |||
<lb/></p> | |||
<!-- horizontal line to end section, but still column 8 --> | |||
<pb/> | |||
<p>& <gap/> false | |||
<lb/> | |||
accompanied with | |||
<lb/> | |||
the <unclear>knowledge</unclear> of | |||
<lb/> | |||
<gap/> | |||
<lb/></p> | <lb/></p> | ||
<!-- horizontal line to end section, but still column 8 --> | |||
<pb/> | |||
<p><gap/> <add><gap/></add> <gap/> <gap/> | |||
<lb/> | |||
to <gap/><!-- 'this', or 'those' ? --> injured | |||
<lb/> | |||
by the same operation | |||
<lb/> | |||
which <gap/> <add><gap/></add> , | |||
<lb/> | |||
<del><gap/></del> the <del><gap/></del> <add>smites the effect of punishment</add> | |||
<lb/> | |||
author of the injury | |||
<lb/> | |||
<del>in the way of punishment</del> | |||
<lb/></p> | |||
<pb/> | |||
<head>{temporary heading to identify column} COLUMN 9</head> | <head>{temporary heading to identify column} COLUMN 9</head> | ||
Line 308: | Line 604: | ||
<lb/></p> | <lb/></p> | ||
< | <p>Behold the | ||
< | <lb/> | ||
<p> | horse in yonder | ||
<lb/> | |||
mill a <gap/> <add>in</add><!-- added from beneath --> what | |||
<lb/> | |||
is his object? | |||
<lb/> | |||
— to escape the | |||
<lb/> | |||
lash : he acts | |||
<lb/> | |||
accordingly : and | |||
<lb/> | |||
so the mill goes | |||
<lb/> | |||
round . | |||
<lb/></p> | |||
<pb/> | |||
<head>{temporary heading to identify column} COLUMN 10</head> | |||
<head>Too Soon to abolish <sic>Jurys</sic></head> | |||
<p>Many — <gap/>! many | |||
<lb/> | |||
are the <gap/> which | |||
<lb/> | |||
England must see | |||
<lb/> | |||
over her head before | |||
<lb/> | |||
this safeguard this | |||
<lb/> | |||
feeble safeguard to | |||
<lb/> | |||
English liberties will | |||
<lb/> | |||
cease to be indispensable . Till | |||
<lb/> | |||
it can get a | |||
<lb/> | |||
better liberty | |||
<lb/> | |||
must never cease | |||
<lb/> | |||
to change even to this | |||
<lb/> | |||
poor <gap/> | |||
<lb/></p> | <lb/></p> | ||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
Juries
{temporary heading to identify column} COLUMN 1 1
Inessential
defects
2
Beneficial institutions Accidental an- accompaniment
accidentally
connected annexed
comprisd with it .
3
Essential
Defects resulting
from the qualities
of the persons
4
Essential
Effects Defects
necessary resulting - from
with the the nature of
establishment
5.
Supposed advantages
Arguments in its
favour derived
from its essential
concomitants
.
6
Use and necessity
of it with
reference to the
English law in
its present state .
7
Grounds
of the
prejudice in
favour of it.
Causes of its popularity
---page break---
{temporary heading to identify column} COLUMN 2 34 Debilitating useful
There are some
laws so bad that
it were better
the whole fabric
of the law should
be
1 Inessential defects
If
Accidental
accidentally Accidentally
appendages it
of
with it
Essential defects
4 Supposed advantages
5 . Relative utility
6 Cause of its popularity .
---page break---
{temporary heading to identify column} COLUMN 3 34 Debilitating useful
Such laws are
doubly a disgrace
to the law : because
they exist — & because
they are not
executed
The Laws which
the Bar-Chamber
in law
Court
execute were of that
number . The Laws
against
and dissenters are
of that number
---page break---
{temporary heading to identify column} COLUMN 4 34 Gunpowder good
To say a
Juryman is a
good method
of trial because
it has often been
the means of
letting off good
men is as if
one were to say
of a parcel of Gunpowder
this is good gunpowder
- for
day when
a highway man
snapped in the
face of a
a pistol that was
primed with it
is missed fire
What woud you
know a Jury to
Tribunal like
Gunpowder :
for Gunpowder
when it is good
. were they
in its
True but was
that the case with
the Bar chamber
by no means
did it bring to
conviction one
single person who
was not guilty ?
not one of the offences
he was not charged
with ? — not one.
---page break---
{temporary heading to identify column} COLUMN 5 34 Star Chamber
The offences they
were charged with
were the writing
and
of the system of
that government were
on - the speaking
ill of Bishops
collectively to
— : the speaking
ill of
When was the
mischief? that laws empowering
men to punish
those who he
should be
to — but there
should
laws .
is a
bad thing — Tyranny itself is
a much less
than what
but in the cost
of in
which have
been used to
a little anarchy
keeps tyranny
from being
.
---page break---
Juries
{temporary heading to identify column} COLUMN 6 36 Capit. punishment
Juries are ab
necessary where
capital punishment
is established
especially
for state crimes
What does that
prove that juries
are necessary ?
No, but that capital punishment
is there .
36 Libels
Juries are necessary
when the
Law of libels
is , where
all
is to libel , where
history is a libel
and where truth
is declare to
make it so much
the worse .
Where conviction
or acquittal depends
upon the undeclared
and
caprice
of the Judge : a
caprice which
to declare
itself and which
at the time it is
called for to decide
the fate of a fellow citizen
is not so much
as formed
---page break---
{temporary heading to identify column} COLUMN 7 36 Libel
That should
be ? —
—
That the liberty
of expressing disapprobation
of
the conduct of
man in any
times should be
declared sacred
That the
if true
ref facts knowing
them to be
so should be
punished with
severity
That the rack
publication of
without
can arbitrary Jury
or a less cost
an arbitrary Judge
they
is— no should
still be punishable
though with less
severity
That the option
of different degrees
of satisfaction
such as
wounded
would be soothed
a caprice which
knows no ruler
nor so much as
the of a
rule
by should be
given added along with
that
satisfaction which
honour
---page break---
{temporary heading to identify column} COLUMN 8 36 Libel
That defamation
through
or
should be
made punishable
with different
degrees and measures
of disgrace analogies
---page break---
& false
accompanied with
the knowledge of
---page break---
to injured
by the same operation
which ,
the smites the effect of punishment
author of the injury
in the way of punishment
---page break---
{temporary heading to identify column} COLUMN 9 Judges— Stupidity
Terms of which
the extensible
is the administration
of
justice , but the
real effect to
enable the
of the
law to collect their
Christ from upon the
people .
Behold the
horse in yonder
mill a in what
is his object?
— to escape the
lash : he acts
accordingly : and
so the mill goes
round .
---page break---
{temporary heading to identify column} COLUMN 10 Too Soon to abolish Jurys
Many — ! many
are the which
England must see
over her head before
this safeguard this
feeble safeguard to
English liberties will
cease to be indispensable . Till
it can get a
better liberty
must never cease
to change even to this
poor
Identifier: | JB/035/001/002"JB/" can not be assigned to a declared number type with value 35. |
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035 |
constitutional code; evidence; procedure code |
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001 |
juries |
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002 |
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rudiments sheet (brouillon) |
4 |
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recto |
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jeremy bentham |
[[watermarks::w [with crown] [lion with crown motif]]] |
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10594 |
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