date

14 Jan y 1807 Facienda Outline
14 Jan y 1807

Facienda

Outline

Jury

Such, when [...?] into, such in more quarters than one will be found the /this/ whitened sepulcre, the benches[?] of which are the object of such passionate admiration to our modern Pharisees: the anonimity of the Judges, perjury compelled by torture: concord of the parties, surrender of right compelled by denial of justice.

As far as I have been in a /it has been in my/ way to judge, neither the former, nor yet this is the result in the contemplation of which the satisfaction on this occasion manifested, and the interchange made of praises and compliments among learned persons of different classes, has in general found its /their/ efficient cause.

Trial by arbitrators contains in it more matter of a nature to excite a learned bosom those[?] social and delectable emotions.

At the end of a /the/ bootless[?] cause destined in /to/ appearance for a Jury, comes on this occasion another cause in which in some capacity or other, learned gentlemen find additional exercise for their talents and their virtues. Sometimes a learned gentleman figures on each side in the character of an arbitrator: sometimes in the character /station/ of sole Judge, under the name of a referee, a single learned gentleman serves for both sides: sometimes, the judicial station being occupied by unlearned functionaries, learning still finds its way into this super fuctacious[?] suit in the station and character of an Advocate.
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  • Title: [14 Jan y 1807 Facienda Outline]
    Description: 14 Jan y 1807

    Facienda

    Outline

    Jury

    Be this as it may, it is through the medium /this channel/ of this result, if at all, that any thing that will bear the name of justice, any thing capable of being supported in the character of justice - can be done. How then is natural procedure recurred to after all; recurred to, because technical procedure, with the benefit of this showy /fine/ and glittering piece of mechanism, is found incompetent to the work /incapable of doing the business/.

    After the satisfaction thus /so/ constantly manifested at the turn thus given to the cause /seeing the cause like this here/ at secrecy[?] justice pursued through this channel /road/, would it be possible for them to state /speak of it/ /represent/ it as being a bad one? they could not expect to find hearers if they did: even Blackstone, their own Blackstone, speaks of it as a good one.

    And yet though so different from their own technical channels they not only speak but think of it with complacency - Why? because as they have managed it, it comes /is resorted to/ after, and not in lieu of their own technical ones, it gives encrease, not diminution, to the quantity of business: to the demand made upon them for their assistance /learned and well paid labours/. In fact /truth/ it is the only good road: they acknowledge it to be /by their own acknowledgement it is/ a good one: but by means of the good entertainment and the exquisite justice which according to their advertisements /puffs/ is not to be had /found/ any where but in the Jury Box, they have so managed matters, that the Jury-Box of which they keep the key, forms a sort of turnpike to that only good road. Through this turnpike, at the end of the long and circuitous and thorny and dangerous, and [...?] road that leads to it, travellers are half-inveighed half compelled to pass, in order to get into the good road, instead of striking into it at once.
  • Title: [14 Jan y 1807 Facienda Outline]
    Description: 14 Jan y 1807

    Facienda

    Outline

    Jury

    But, though alone this gives in favour of Jury trial, according to the /under the/ present practice (for I shall have occasion to submitt to Your Lordship a plan for clearing it of its /this/ disadvantage) the attestation, the direct attestation thus given /so unanimously/ given by these /so many/ learned person is worth so much less than nothing, there is another mode of procedure, in favour of which the attestation given by the same learned persons being indirectly given - being unintentionally given, and without their being aware of it, has a real /may be found to possess/ value - possesses a real /substantial/ claim to confidence.

    I speak of the natural mode /course/ of procedure under consideration: according to which after all this candour has been manifested - and all this praise earnt and received, justice comes always to be administered, if in conclusion in a case thus dismissed, justice or any thing like it is administered.

    The cause thus dismissed out of the hands of the Jury, one or other of three results can not but take place:

    1. No further proceedings at all take place, no verdict, no compromise, each party setting down with his own costs.

    2. A compromise takes place.

    3. The cause goes off to arbitration, as above.

    The first result is not at all a probable one: it can not take place without the consent of the plff: since be the cause ever so unfit for a Jury, it must go on, if no Juror /unless a Ju.[?]/ be withdrawn, and no Juror is ever withdrawn without consent on both sides. But if the plff consents to this, he consents to the losing his cause: the utmost benefit he can derive from such an arrangement is an exemption from the danger of having to pay the costs of the other side.
  • Title: [Outer wrapper enclosing 093-001 to 093-250]
    Description: Outer wrapper enclosing 093-001 to 093-250

    Scotch Reform to L d Gr.

    III. Facienda.

    Wrapper enclosing 093-018 to 093-059

    Scotch Reform III Facienda

    Letter

    (From Letter IV: Juries) after Outline -

    Superiority of Natural over Technical.

    Wrapper enclosing 093-060 to 093-067

    I. Resolutions

    II. Omissa

    III. Facienda.

    I. (after Outline.)

    Degrees of Jurisdiction quot proper?

    Wrapper enclosing 093-068 to 093-078

    III Facienda

    I (after Outline.)

    2 Juries - why on appeal only.

    Wrapper enclosing 093-079 to 093-089

    III Facienda

    after Outline

    3 lawyers - their fondness for Jury Trial - its cause.

    Wrapper enclosing 093-090 to 093-095

    III Facienda

    I. (after Outline)

    3. o Jury Trial its uses in civili.

     Discarded from Appeal - theory concerning [...?] where to be inserted

    Wrapper enclosing 093-096 to 093-118

    III Facienda

    I (after Outline)

    4. Appeal theory concerning it.

     Discarded from Appeal - theory concerning [...?] where to be inserted

    Wrapper enclosing 093-119 to 093-132

    III Facienda

    I (after Outline)

    5. Techn. Procedure - its unfitness - artifices for masking it

    Wrapper enclosing 093-133 to 093-135

    Scotch Reform. III Facienda

    II. Registration.

    Wrapper enclosing 093-136 to 093-149

    III Facienda

    III Codification

    Wrapper enclosing 093-200 to 093-214

    III Facienda

    IV. Inquiries into Fees &c.

    (Note in folder: 'Sheet numeration jumps from 149 to 200 - probably a misreading of 149 as 199')

    Wrapper enclosing 093-215 to 093-222

    III Facienda

    V. Conversion of Fees into Salaries.

    V. Substitution of Salaries to Fees.

    Wrapper enclosing 093-223 to 093-231

    III Facienda

    VI. Inspector-Generals Office.

    Wrapper enclosing 093-232 to 093-243

    Scotch Reform | | To L d G.

    Facienda

    II. Registration.

    Wrapper enclosing 093-244 to 093-250

    III Facienda

    Conclusion.

    Outer wrapper enclosing 093-251 to 093-343

    1807

    Scotch Reform

    Letter VI.

    Wrapper enclosing 093-251 to 093-301

    Scotch Authorities Support J.B. propositions.