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<head><gap/> Feb<hi rend='superscript'>y</hi> 1809</head><!-- left aligned, and in pencil --> | |||
<head>Jury Trial</head><!-- right of centre, and in pencil --> | |||
<head><gap/> Feb<hi rend='superscript'>y</hi> 1809</head><!-- in pencil --> | |||
<head>Jury Trial</head> | |||
<head>4<!-- encircled, written in pencil, and positioned right of centre. --></head> | <head>4<!-- encircled, written in pencil, and positioned right of centre. --></head> | ||
<p><!-- indented -->The cause of the change is written in the nature <add>face</add> of the | <p><!-- indented --><note>6 Yet it was continued several hundred years</note><!-- in pencil --> The cause of the change is written in the nature <add>face</add> of the | ||
<lb/> | <lb/> | ||
case . For some three or four hundred years things continued | case. For some three or four hundred years things continued | ||
<lb/> | <lb/> | ||
in this state : during all which time "every thing" of course | in this state: during all which time "every thing" of course | ||
<lb/> | <lb/> | ||
"was as it should be . | "was as it should be. | ||
<lb/></p> | <lb/></p> | ||
<p><!-- indented -->About the middle of the 17th century — in the | <p><!-- indented --><note>7 When put out of use by <gap/> the <gap/> <del>had</del> <del><gap/></del> been seen to be beneficial to Lawyers, or it would not have taken place.</note><!-- note in pencil --> About the middle of the 17th century — in the | ||
<lb/> | <lb/> | ||
midst of the civil wars <add><gap/></add> — <unclear>in</unclear><!-- or, 'a' --> time of innovation in the | midst of the civil wars <add><gap/></add> — <unclear>in</unclear><!-- or, 'a' --> time of innovation in the | ||
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course of which the voice of the people had found means | course of which the voice of the people had found means | ||
<lb/> | <lb/> | ||
to make itself heard [and their favour to make itself <unclear> | to make itself heard [and their favour to make itself <unclear>worked</unclear>, | ||
<lb/> | <lb/> | ||
the ruggedness of < | the ruggedness of <sic>primeival</sic> barbarity having moreover by this | ||
<lb/> | <lb/> | ||
time in a considerable degree has worn off , <add>[+]</add> the endeavours | time in a considerable degree has worn off, <add>[+]</add> <note>an idea <add>a suspicion</add> presented itself in the minds of the sages of the law, that</note> the endeavours | ||
<lb/> | <lb/> | ||
to apply correction to these mistakes <del>was | to apply correction to these mistakes <del>was not <gap/> not</del> | ||
<lb/> | <lb/> | ||
and consequently the profit <gap/> from these endeavours , | and consequently the profit <gap/> from these endeavours, | ||
<lb/> | <lb/> | ||
were not so abundant as by [virtue of a little economy <add>under favour <add>with the help</add> of a little better management</add> | were not so abundant as by [virtue of a little economy <add>under favour <add>with the help</add> of a little better management</add> | ||
they might be <add>made</add>. On the part of the 24 infallibles the | |||
<lb/> | <lb/> | ||
readiness to inflict destruction on the 12 semi-infallibles | readiness to inflict destruction on the 12 semi-infallibles | ||
<lb/> | <lb/> | ||
was not always quite so <gap/> as could be wished — no | was not always quite so <gap/> as could be wished — no one | ||
<lb/> | <lb/> | ||
even | even a the <del>party</del> <add>part</add> of the party wronged, <add>who supposed himself</add> to call for it. If | ||
<lb/> | <lb/> | ||
instead of ruining <add>effecting the mix of</add> the twelve occasional judges whose decision | instead of ruining <add>effecting the mix of</add> the twelve occasional judges whose decision | ||
<lb/> | <lb/> | ||
was complained of , the mischief of <add>done by</add> it being < | was complained of, the mischief of <add>done by</add> it being <unclear>repaired</unclear> | ||
<lb/> | <lb/> | ||
or not | or not as it might happen, <del>the</del> reparation or something | ||
<lb/> | <lb/> | ||
towards reparation were to be made to the party wronged , | towards reparation were to be made to the party wronged, | ||
<lb/> | <lb/> | ||
having the 12 mistaken men unruined if in a < | having the 12 mistaken men unruined if in a <unclear>word</unclear> | ||
<lb/> | <lb/> | ||
new trial were to take place if | new trial were to take place if attaint, a suspicion <add>conception</add> was | ||
<lb/> | <lb/> | ||
entertained that the loss by | entertained that the loss by attaints not applied for, might | ||
<lb/> | <lb/> | ||
be <del>more than</del> made up for and with <del>prof</del> advantages by profit | be <del>more than</del> made up for and with <del>prof</del> advantages by profit | ||
<lb/> | <lb/> | ||
upon new trials when granted , plus d<hi rend='superscript'>.</hi> upon applications | upon new trials when granted , plus <sic>d<hi rend='superscript'>.</hi></sic> upon applications | ||
for d<hi rend='superscript'>-</hi> when refund , | for <sic>d<hi rend='superscript'>-</hi></sic> when refund, | ||
<lb/></p> | <lb/></p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
Feby 1809
Jury Trial
4
6 Yet it was continued several hundred years The cause of the change is written in the nature face of the
case. For some three or four hundred years things continued
in this state: during all which time "every thing" of course
"was as it should be.
7 When put out of use by the had been seen to be beneficial to Lawyers, or it would not have taken place. About the middle of the 17th century — in the
midst of the civil wars — in time of innovation in the
course of which the voice of the people had found means
to make itself heard [and their favour to make itself worked,
the ruggedness of primeival barbarity having moreover by this
time in a considerable degree has worn off, [+] an idea a suspicion presented itself in the minds of the sages of the law, that the endeavours
to apply correction to these mistakes was not not
and consequently the profit from these endeavours,
were not so abundant as by [virtue of a little economy under favour <add>with the help of a little better management</add>
they might be made. On the part of the 24 infallibles the
readiness to inflict destruction on the 12 semi-infallibles
was not always quite so as could be wished — no one
even a the party part of the party wronged, who supposed himself to call for it. If
instead of ruining effecting the mix of the twelve occasional judges whose decision
was complained of, the mischief of done by it being repaired
or not as it might happen, the reparation or something
towards reparation were to be made to the party wronged,
having the 12 mistaken men unruined if in a word
new trial were to take place if attaint, a suspicion conception was
entertained that the loss by attaints not applied for, might
be more than made up for and with prof advantages by profit
upon new trials when granted , plus d. upon applications
for d- when refund,
|
Identifier: | JB/035/311/001"JB/" can not be assigned to a declared number type with value 35. |
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1809-02 |
6-7 |
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035 |
constitutional code; evidence; procedure code |
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311 |
jury trial |
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001 |
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text sheet |
1 |
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recto |
c4 |
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jeremy bentham |
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10904 |
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