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<!-- appears to have been added later --><p>9 <sic>Oct.</sic> 1827. Is not this Lord <gap/> writing determent by law a great<lb/>many years ago (say 10 or | <!-- appears to have been added later --><p>9 <sic>Oct.</sic> 1827. Is not this Lord <gap/> writing determent by law a great<lb/>many years ago (say 10 or 12) to J.B. Q.S.P.?</p> <p>I. <gap/>, that the Petition of <gap/> White, Guardian April 24<lb/>1809</p> <p>II Know that the Law Committee of Justice do sit <unclear>tomorrow</unclear><lb/>& take into consideration as much of the said Petition as<lb/>upon £ the striking of the Spirit Jury —</p> <p>III Relate the manner is which any Alteration was first <unclear>asked</unclear><lb/>to Spirit Juries.</p> <p>1 Found them always used in <del>matters</del> Criminal Prosecutions<lb/>& the Cases for <gap/> <hi rend="underline"><gap/> <gap/></hi> picking</p> 2. Considered that they are from this portion of time less fit<lb/>than a <unclear>common</unclear> Jury on such occasions — <gap/> by<lb/>feelings <unclear>incurred</unclear> — <del>x x x x x x x x x x x x x x<lb/>x x</del> <hi rend="underline">Less fit</hi> for them may retire & <gap/> — this<lb/>class of a Jury being in Libel cases to grasp of the Law<lb/>do <gap/> as of the <del><gap/</del> Part <hi rend="superscript">(1)</hi> <note><hi rend="superscript">(1)</hi> 32.§.9.c.60</note> & the whole Law <hi rend="underline">turning</hi><lb/>on the tendency of the Libel — <sic>Falshood</sic> is no longer a<lb/>necessary ingredient — but malice & the &c: laid in the<lb/>Indictment are still necessary — How these are but attached<lb/>to be made matter of <hi rend="underline">proof</hi>. <unclear>Not</unclear> of <hi rend="underline">inference</hi>. Inference<lb/>of the Intention is drawn from the complexion & <hi rend="underline">tendency</hi><lb/>of the publication — For who can be so <gap/> to be<lb/>the best judges of <del><gap/></del> such tendency as a Jury (12 good<lb/>Men & true) selected from amongst those whose <gap/> the<lb/>tendency to speak? — <gap/> cases which from the<lb/>nature of them are <del><gap/></del> <gap/> <gap/> at intricacy of detail,<lb/>at <gap/> reasoning at deep <gap/>. The <gap/>, manifest<lb/><gap/> tending <gap/> the point in dispute —</p> <p>3 Found that these Juries had <gap/> always such a <gap/> of<lb/>complaint & persons <gap/> & those & <gap/> <gap/> <gap/><lb/>of <gap/> <gap/> to the public.—<lb/>(2)</p> <p><note><hi rend="superscript">(2)</hi> Found that the Law<lb/>was avowedly, & if<lb/>not <gap/>, at least<lb/><gap/> <gap/><lb/><gap/> them in<lb/>the Court of Exchequer.</note></p> <p>4 <del>Learnt upon Inquiry, that no certain account could be<lb/>found of the origin or primary object: but had the most<lb/><gap/> <gap/> was that they were originally intended<lb/>for <gap/> just sufficient from those to which they<lb/>are subsequently & is <gap/> <gap/> <gap/> of <gap/> applied.</del></p> <p>IV The supposed Origin of Special Juries — & the <gap/> of them — say —<lb/>in Trials at Bar on motion of intimate account & consent of<lb/>the Parties — — True admissions on Facts at those <unclear>Prices</unclear> are</p> | ||
9 Oct. 1827. Is not this Lord writing determent by law a great
many years ago (say 10 or 12) to J.B. Q.S.P.?
I. , that the Petition of White, Guardian April 24
1809
II Know that the Law Committee of Justice do sit tomorrow
& take into consideration as much of the said Petition as
upon £ the striking of the Spirit Jury —
III Relate the manner is which any Alteration was first asked
to Spirit Juries.
1 Found them always used in matters Criminal Prosecutions
& the Cases for picking
2. Considered that they are from this portion of time less fit
than a common Jury on such occasions — by
feelings incurred — x x x x x x x x x x x x x x
x x Less fit for them may retire & — this
class of a Jury being in Libel cases to grasp of the Law
do as of the <gap/ Part (1) (1) 32.§.9.c.60 & the whole Law turning
on the tendency of the Libel — Falshood is no longer a
necessary ingredient — but malice & the &c: laid in the
Indictment are still necessary — How these are but attached
to be made matter of proof. Not of inference. Inference
of the Intention is drawn from the complexion & tendency
of the publication — For who can be so to be
the best judges of such tendency as a Jury (12 good
Men & true) selected from amongst those whose the
tendency to speak? — cases which from the
nature of them are at intricacy of detail,
at reasoning at deep . The , manifest
tending the point in dispute —
3 Found that these Juries had always such a of
complaint & persons & those &
of to the public.—
(2)
(2) Found that the Law
was avowedly, & if
not , at least
them in
the Court of Exchequer.
4 Learnt upon Inquiry, that no certain account could be
found of the origin or primary object: but had the most
was that they were originally intended
for just sufficient from those to which they
are subsequently & is of applied.
IV The supposed Origin of Special Juries — & the of them — say —
in Trials at Bar on motion of intimate account & consent of
the Parties — — True admissions on Facts at those Prices are
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Identifier: | JB/081/013/001"JB/" can not be assigned to a declared number type with value 81. |
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1827-10-09 |
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081 |
petition for justice |
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013 |
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001 |
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collectanea |
4 |
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recto |
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c brenchley 1808 |
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earl of shelburne |
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1808 |
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[[notes_public::"9 oct. 1827 is not this lord […?] unless determined by law a […?] many years ago (say 10 or 12) to jb qsp?" [note in bentham's hand]]] |
25800 |
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