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<p><!-- pencil -->1 June 1808</p>
''This Page Has Not Been Transcribed Yet''
<p><add>But</add> It is <add>from</add> the separation of the judicatory into those two distinct<lb/>
 
parts that Jury trial affords such a check to<lb/>
 
<del>arbitrary power and may</del> <add>and in some degree even to partiality</add> carelessness and precipitation<lb/>
 
as <del>is not</del> <add>would might not by any other means be</add> easily applied to a <add>permanent</add> judicatory <del>composed of<lb/>
a single</del> especially to a judicatory composed of a single<lb/>
<add>Judge</add> or any number of Judges.  <del>Here are</del> In this judicatory<lb/>
are two such Judges <add><del>of two</del> very different <unclear>sorts</unclear></add> among whom those<lb/>
of one sort are not only capable of addressing but<lb/>
in the habit of addressing <add>themselves to</add> those of the other:  whereas<lb/>
in a single Judicatory, even though many-seated,<lb/>
<unclear>presents</unclear> not in its constitution <del>any</del> <add>a natural occasion</add> demand for any<lb/>
such <del><gap/></del> explanations as are naturally and <gap/><lb/>
given by Judges to Juries.</p>
<p>A single Judge <del>may give</del> having the decision is<lb/>
<add>depending on his <unclear>will</unclear></add> his power may pronounce it at once, peremptorily<lb/>
and <gap/> without employing in the character of <del><gap/></del><lb/>
reason a single syllable <del>to serve in the cha</del> <add>in proof of the <del>regard</del></add> <del>he</del><lb/>
<unclear>difference</unclear> which in and by that decision he has paid to<lb/>
the dictates of justice:  <del>the chief of</del> <add>even in <del>presiding Judge</del></add> a many-seated<lb/>
judicatory the presiding Judge, if it has happened to<lb/>
him to acquire that <del><gap/></del> ascendant which it is so<lb/>
common for a <add>the</add> presiding Judge to acquire over the rest,<lb/>
may take the same <unclear>sport</unclear>, and as often as <add>wherever</add> any<lb/>
sinister interest is at work, convenient course.</p>
<p>But <del>in case</del> <add>under</add> <unclear>with</unclear> a Jury of any such sinister<lb/>
interest be at work in the bosom of the Judge, the only<lb/>
chance he will see of giving effect to it, will consist in<lb/>
such reasons as in favour of the <unclear>wrong</unclear> side he may venture<lb/>
to give:  and this <add>thus</add> his chance is shut by the badness of the<lb/>
<gap/> the badness of the cause may be betrayed.</p>
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Revision as of 01:04, 11 April 2023

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1 June 1808

But It is from the separation of the judicatory into those two distinct
parts that Jury trial affords such a check to
arbitrary power and may and in some degree even to partiality carelessness and precipitation
as is not would might not by any other means be easily applied to a permanent judicatory composed of
a single
especially to a judicatory composed of a single
Judge or any number of Judges. Here are In this judicatory
are two such Judges of two very different sorts among whom those
of one sort are not only capable of addressing but
in the habit of addressing themselves to those of the other: whereas
in a single Judicatory, even though many-seated,
presents not in its constitution any a natural occasion demand for any
such explanations as are naturally and
given by Judges to Juries.

A single Judge may give having the decision is
depending on his will his power may pronounce it at once, peremptorily
and without employing in the character of
reason a single syllable to serve in the cha in proof of the regard he
difference which in and by that decision he has paid to
the dictates of justice: the chief of even in presiding Judge a many-seated
judicatory the presiding Judge, if it has happened to
him to acquire that ascendant which it is so
common for a the presiding Judge to acquire over the rest,
may take the same sport, and as often as wherever any
sinister interest is at work, convenient course.

But in case under with a Jury of any such sinister
interest be at work in the bosom of the Judge, the only
chance he will see of giving effect to it, will consist in
such reasons as in favour of the wrong side he may venture
to give: and this thus his chance is shut by the badness of the
the badness of the cause may be betrayed.


Identifier: | JB/035/222/001"JB/" can not be assigned to a declared number type with value 35.

Date_1

1808-06-01

Marginal Summary Numbering

not numbered

Box

035

Main Headings

constitutional code; evidence; procedure code

Folio number

222

Info in main headings field

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

e3

Penner

jeremy bentham

Watermarks

th 1806

Marginals

Paper Producer

andre morellet

Corrections

Paper Produced in Year

1806

Notes public

ID Number

10815

Box Contents

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