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<p>Mr barrington in his Observation <note>Obs. p.120.</note> on the Stat. <unclear>Wists</unclear> <unclear>2<hi rend='superscript'>d</hi></unclear> <unclear>e <del>2</del>30</unclear> | <p>Mr barrington in his Observation <note>Obs. p.120.</note> on the Stat. <unclear>Wists</unclear> <unclear>2<hi rend='superscript'>d</hi></unclear> <unclear>e <del>2</del>30</unclear> | ||
<lb/> | <lb/> | ||
takes occasion to observe <del>from thence that a Jury</del> <add>that on the Authority of that Statute</add> <hi rend='superscript'>[+]</hi> <note><hi rend='superscript'>[+]</hi> - which "says he , "is <unclear>unrepented</unclear>" </note> it is | takes occasion to observe <del>from thence that a Jury</del> <add>that on the Authority of that Statute</add> <hi rend='superscript'>[+]</hi> <note><hi rend='superscript'>[+]</hi> - which "says he, "is <unclear>unrepented</unclear>" </note> it is | ||
<lb/> | <lb/> | ||
clear that a Jury may find what verdict they please - but | clear that a Jury may find what verdict they please - but | ||
<lb/> | <lb/> | ||
this is to be understood only | this is to be understood only discussions of discussions: for it is only discussions | ||
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that are mentioned: that is of a species of <gap/> <add>Action</add> | that are mentioned: that is of a species of <gap/> <add>Action</add> | ||
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<p><note>x xx</note> Till then the controversy must remain <unclear><sic>unterminable</sic></unclear><!-- mis-spelling of 'interminable', meaning endless -->. | <p><note>x xx</note> Till then the controversy must remain <unclear><sic>unterminable</sic></unclear><!-- mis-spelling of 'interminable', meaning endless -->. | ||
<lb/></p> | <lb/></p> | ||
<p>No boundary Line can be drawn between the Provinces of the | <p>No boundary Line can be drawn between the Provinces of the | ||
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Judge & Jury | Judge & Jury | ||
<lb/></p> | <lb/></p> | ||
<p>The Law & the Fact must remain inextricably entangled in | <p>The Law & the Fact must remain inextricably entangled in | ||
<lb/> | <lb/> | ||
each other | each other | ||
<lb/></p> | <lb/></p> | ||
<p>The mind vibrating between opposite prejudices | <p>The mind vibrating between opposite prejudices | ||
<lb/></p> | <lb/></p> | ||
<p>A perpetual source of confusion contradiction suspicion <gap/> & error | <p>A perpetual source of confusion contradiction suspicion <gap/> & error | ||
<lb/></p> | <lb/></p> | ||
<p>That <sic>Chymistry</sic> which shall find out an expedient to | <p>That <sic>Chymistry</sic> which shall find out an expedient to | ||
<lb/> | <lb/> | ||
overcome this obstinate adhesion , & present the two questions <add>points</add> disengaged | overcome this obstinate adhesion, & present the two questions <add>points</add> disengaged | ||
<lb/> | <lb/> | ||
& <unclear>purified</unclear> from each other , will be allowed to have operated | & <unclear>purified</unclear> from each other, will be allowed to have operated | ||
<lb/> | <lb/> | ||
no <add>a not</add> unimportant <add>a</add> precipitation | no <add>a not</add> unimportant <add>a</add> precipitation | ||
<lb/></p> | <lb/></p> | ||
<p>They speak of them as <hi rend='underline'>actually</hi> complicated & they | <p>They speak of them as <hi rend='underline'>actually</hi> complicated & they | ||
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CERTAINTY. LAW X FACT. Barrington.
Mr barrington in his Observation Obs. p.120. on the Stat. Wists 2d e 230
takes occasion to observe from thence that a Jury that on the Authority of that Statute [+] [+] - which "says he, "is unrepented" it is
clear that a Jury may find what verdict they please - but
this is to be understood only discussions of discussions: for it is only discussions
that are mentioned: that is of a species of Action
which now is never brought.
---page break---
CERTAINTY LAW X FACT.
x xx Till then the controversy must remain unterminable.
No boundary Line can be drawn between the Provinces of the
Judge & Jury
The Law & the Fact must remain inextricably entangled in
each other
The mind vibrating between opposite prejudices
A perpetual source of confusion contradiction suspicion & error
That Chymistry which shall find out an expedient to
overcome this obstinate adhesion, & present the two questions points disengaged
& purified from each other, will be allowed to have operated
no a not unimportant a precipitation
They speak of them as actually complicated & they
seem reconciled by Custom to the considering them as essentially so
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procedure code |
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certainty. law & fact barrington |
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jeremy bentham |
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