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22-Apr-2012: under construction by Diane Folan. Please do not amend.
Feby 1809
Jury Trial
4
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 .
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 marked ,
the ruggedness of 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 on 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
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
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 ,
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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