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22-Apr-2012: under construction by Diane Folan. Please do not amend. | 22-Apr-2012: under construction by Diane Folan. Please do not amend. | ||
<head><gap/> Feb<hi rend='superscript'>y</hi> 1809</head><!-- left aligned, and in pencil --> | <head><gap/> Feb<hi rend='superscript'>y</hi> 1809</head><!-- left aligned, and in pencil --> | ||
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<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 <gap/><gap/> <gap/> <gap/> 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 | ||
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<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/> <gap/> <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> <note>an idea <add>a suspicion</add> presented itself in the minds of the sages of the law , that</note> 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 | ||
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was not always quite so <gap/> as could be wished — no <unclear>one</unclear> | was not always quite so <gap/> as could be wished — no <unclear>one</unclear> | ||
<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 in it might happen , <del>the</del> reparation or something | or not in it might happen , <del>the</del> reparation or something | ||
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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> | ||
22-Apr-2012: under construction by Diane Folan. Please do not amend.
Feby 1809 Jury Trial
4
6 Yet it was 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 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
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 in 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 ,
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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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