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<head>06S.</head><lb/><!-- heading is in pencil -->
<head>06S.</head><lb/><!-- heading is in pencil -->


<p>of huddling together witnesses and Judges <del>under the<lb/> same cloak</del> into a dark room, without knowing<lb/> which is which, is fit only for the age which<lb/> gave it birth; the characteristic feature of it is the <lb/>facility it gives a Jury of delivering a verdict<lb/> which shall be <del>to appear to be</del> <add>if they please to have it to</add> a <del><unclear>coarse</unclear></del> groundless <lb/> and corrupt one <add>and which at any rate shall <del>appear</del><add><sic>shew</sic> as</add> such <lb/> to all eyes except their own.</add><del>view <unclear>through</unclear> the eyes of every body but <lb/> themselves. Tribunals are instituted</del> The knowledge<lb/> of a Jury who happens to <del>know</del> have been in the <lb/>secret may satisfy the Jury. But tribunals <add>ought to be</add> <del><unclear>exis</unclear></del> <lb/>instituted not for the private satisfaction of those <lb/>who sit in them but for the satisfaction of the <lb/>public: and they who are to <add>make</add> report to the public<lb/> and whose reports are to be judged of by the public<lb/> should <add>if possible</add> sit to view the facts <add>as far as may be</add> in that point <lb/> of view and no other in which the public will <add><del>can</del></add> <del>sit to view them. This much for the crown.</del> <lb/><add>have it in its power to view them afterwards.</add><lb/></p>
<p>of huddling together witnesses and Judges <del>under the
<note><del>in which it is possible for the public to view them <sic>afterwards</sic>.</del></note> <pb/> <!-- a horizontal pencil line drawn here, as well as diagonal and vertical lines crossing out the following paragraph -->
<lb/>  
<del><p><del>them of <gap/></del>. What <!-- large blot or wax stain here --> follows? that <add>the point of view in which</add> those who are to make report to the public, and whose <lb/>reports are to be judged of by the public <del>sit</del> view the facts of which they are to make report, should <lb/> be as near as may be the very point of view and <lb/> no other in which the public will sit to view <lb/> them <sic>afterwards</sic>. <unclear><del>Se</del></unclear> </p></del> <pb/><!-- 2nd horizontal line here -->
same cloak</del> into a dark room, without knowing
<!-- indent --><p>So far as they ground themselves upon matters <lb/> confined within their own knowledge, so far the trial is a <hi rend='underline'>secret</hi> one: if <add><unclear>care</unclear> to</add> this part, why not as <add>to</add> every other? if in one <lb/>cause, why not in every cause at least <add>in every other</add> of the same nature?<lb/> <note>If this feature be an advantage</note> <del>If this <del>part</del> <add>feature</add> of the <unclear>secret take what</unclear> </del>, so is secrecy in <sic>judication</sic> <!-- the following is written vertically in the right margin --><del>T</del> Thus much for <hi rend='underline'>vicinity</hi> <del>as judicature</del>. <add>The common law of</add>
<lb/>  
</p><pb/>
which is which, is fit only for the age which
<lb/>  
gave it birth; the characteristic feature of it is the  
<lb/>
facility it gives a Jury of delivering a verdict
<lb/>  
which shall be <del>to appear to be</del> <add>if they please to have it to</add> a <del>coarse</del> groundless  
<lb/>  
and corrupt one <add>and which at any rate shall <del>appear</del><add><sic>shew</sic> as</add> such  
<lb/>  
to all eyes except their own.</add><del>view <unclear>through</unclear> the eyes of every body but  
<lb/>  
themselves. Tribunals are instituted</del> The knowledge
<lb/>  
of a Jury who happen to <del>know</del> have been in the  
<lb/>
secret may satisfy the Jury. But tribunals <add>ought to be</add> <del><unclear>exis</unclear></del>  
<lb/>
instituted not for the private satisfaction of those  
<lb/>
who sit in them but for the satisfaction of the  
<lb/>
public: and they who are to <add>make</add> report to the public
<lb/>  
and whose reports are to be judged of by the public
<lb/>  
should <add>if possible</add> sit to view the facts <add>as far as may be</add> in that point  
<lb/>  
of view and no other in which the public will <add><del>can</del></add> <del>sit to view them. This much for the crown.</del>  
<lb/>
<add>have it in its power to view them afterwards.</add><lb/>  
 
<note><del>in which it is possible for the public to view them <sic>afterwards</sic>.</del></note> </p>
 
<!-- a horizontal pencil line drawn here, as well as diagonal and vertical lines crossing out the following paragraph -->
 
<p><del>them of <gap/></del>. What <!-- large blot or wax stain here --> follows? that <add>the point of view in which</add> those who are to make report to the public, and whose <lb/>reports are to be judged of by the public <del>sit</del> view the facts of which they are to make report, should <lb/> be as near as may be the very point of view and <lb/> no other in which the public will sit to view <lb/> them <sic>afterwards</sic>. <unclear><del>Se</del></unclear> </p>
 
<!-- 2nd horizontal line here -->
 
<!-- indent --><p>So far as they ground themselves upon matters <lb/> confined within their own knowledge, so far the trial is a <hi rend='underline'>secret</hi> one: if <add>as to</add> this part, why not as <add>to</add> every other? if in one <lb/>cause, why not in every cause at least <add>in every other</add> of the same nature?<lb/> <note>If this feature be an advantage</note> <del>If this <del>part</del> <add>feature</add> of the <unclear>secret take what</unclear> </del>, so is secrecy in <sic>judication</sic> <!-- the following is written vertically in the right margin --><del>T</del> Thus much for <hi rend='underline'>vicinity</hi> <del>as judicature</del>. <add>The common law of</add>
</p>
 





Revision as of 14:24, 7 March 2011

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06S.

of huddling together witnesses and Judges under the
same cloak
into a dark room, without knowing
which is which, is fit only for the age which
gave it birth; the characteristic feature of it is the
facility it gives a Jury of delivering a verdict
which shall be to appear to be if they please to have it to a coarse groundless
and corrupt one and which at any rate shall appear<add>shew as such
to all eyes except their own.</add>view through the eyes of every body but
themselves. Tribunals are instituted
The knowledge
of a Jury who happen to know have been in the
secret may satisfy the Jury. But tribunals ought to be exis
instituted not for the private satisfaction of those
who sit in them but for the satisfaction of the
public: and they who are to make report to the public
and whose reports are to be judged of by the public
should if possible sit to view the facts as far as may be in that point
of view and no other in which the public will can sit to view them. This much for the crown.
have it in its power to view them afterwards.
in which it is possible for the public to view them afterwards.


them of . What follows? that the point of view in which those who are to make report to the public, and whose
reports are to be judged of by the public sit view the facts of which they are to make report, should
be as near as may be the very point of view and
no other in which the public will sit to view
them afterwards. Se


So far as they ground themselves upon matters
confined within their own knowledge, so far the trial is a secret one: if as to this part, why not as to every other? if in one
cause, why not in every cause at least in every other of the same nature?
If this feature be an advantage If this part feature of the secret take what , so is secrecy in judication T Thus much for vicinity as judicature. The common law of






Identifier: | JB/035/052/004"JB/" can not be assigned to a declared number type with value 35.

Date_1

Marginal Summary Numbering

1-3

Box

035

Main Headings

constitutional code; evidence; procedure code

Folio number

052

Info in main headings field

Image

004

Titles

Category

text sheet

Number of Pages

4

Recto/Verso

recto

Page Numbering

f1 / f2 / f3 / f4

Penner

jeremy bentham

Watermarks

[[watermarks::l munn [britannia with shield emblem]]]

Marginals

jeremy bentham

Paper Producer

benjamin constant

Corrections

Paper Produced in Year

Notes public

ID Number

10645

Box Contents

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