JB_035_172_001.xml

Title: [27 May 1808 4 Dark as are the colours]

Description: 27 May 1808 4

Dark as are the colours in which happily inessential

this part of the institution presents itself to a general and distant

glance, on a closer inspection they will not be found to brighten: on

a nearer view

If the effect of the compulsion are confined

to the suppression of the opinion of the minority, the majority

opinion of the constituting the decision as it would do

of course without the compulsion, here would be the torture,

here would be the lying here would be the perjury, all of these

enormities them perfectly useless, but here would not be the

false verdict with the false judgment

pronounced in consequence.

But though it probably is frequently in many

instances cases it is probably thus unless and not so

probably in most instances, there can be no apearance of its

being so in any. If in one point of view the most probable case is that

the opinion thus declared to be the opinion of all is conformable

to the opinion of the majority, greater in another point

of view the most probably case is that it is opposite the opinion of

the smaller number. Suppose the produced before the

Justice begins to speak, the probability is that the opinion

declared is the opinion of the majority: because under these circumstances

a margin of this or of any other kind is sooner produced

on the part of a smaller than on the part of a larger greater

number.

But suppose the decision verdict to have waited till

the tribune has had time to operate: now here the

probability is on the other side: for when torture is to be undergone,

and on the part of the greater number of

the patriots the resolution to undergo it produced by the finest

motives, it is easier to find a smaller than to find a greater number.

possessed of this and degree of fortitude.

JB_035_173_001.xml

Title: [27 May 1808 I will get myself put]

Description: 27 May 1808

I will get myself put upon the Jury — I will go with my comrades

into the withdrawing chamber, and then be the evidence what it will

may, they shall stay, till

I have brought men to concurr with me in a verdict of

not guilty. - and so says the story he died:

the particulars being afterwards confessed by him on his death-bed.

Supposing this true, what does it prove? - that when a man is determined

upon it, it is in his power to make his way into the Jury-box: and

when he is there, that it is in the power of any man who in any shape

is actuated by a strong interest to command the of eleven men who by

the are without interest, needs no proof.

In this state of things, verdicts contrary to the clearest evidence

neither naturally can be nor actually are infrequent are not

infrequent: indeed so far are

they from being so, that when they do occurr, no mention

is produced by them. How should it be? The very object of the

arraignment is to produce perjury: in the effect what is there that should

call

In cases not penal the mischief is not altogether without

remedy. For when purse and perseverance suffice to demand it, new trial is

sometimes granted.

But in penalcases and especially in capital new trial is either

altogether unobtainable, unexampled prohibited by practice

or extremely rare. False ju verdict

To the prejudice of the defendants side false verdict might find

a remedy, is capable of finding a cure or at least a palliative

in pardon: but to the prejudice of the plaintiff's side, that is to the

prejudice of public security, violent and false false

judgment are altogether without remedy.

JB_097_122_001.xml

Title: [31 Aug 1804. Collectania Juridicae]

Description: 31 Aug 1804.

Collectania Juridicae :Blackstones — H K

Neither can burglary

be committed in a

tent or booth erected

in a market or fair;

tho' the owner may

lodge therein: for the

law regards thus highly

nothing but permanent

edifices.... &

it is the folly of the

owner to lodge in so

fragile a tenement:

but his lodging there

no more makes it burglary

to break it open

than it wo d be to uncover

a titled waggon in

the same circumstances. IV 226

If a person leaves

his doors or windows

open, it is his own

folly & negligence; &

if a man enters therein

it is no burglary: yet,

if he afterwards unlocks an inner or chamber door it is so. IV 226.

Of things... that

adhere to the freehold,

as corn, grass, trees, &

the like, or lead upon a

house, no larceny could be

committed by the rules

of the common law; but

the severance of them

was, & in many things

is still, merely a trespass. IV 232.

But if the thief severs

them [things that a dhere

to the freehold] at one

time, whereby the trespass

is completed, & they are

converted into personal

chattels, in the constructive

possession of him in

whose soil they are left

or laid; & comes again

at another time, when

they are so turned into personally,

& takes them away;

it is larceny: & so it is, if the

owner or any one else has revered

them. IV 233.

Stealing one out of mines

is... no larceny, upon

the same principle of

adherence to the freehold;

with an exception only to

mines of black lead, the

stealing one out of which

is felony without benefit

of clergy. IV 234

The stealing of writings

relating to a real

estate is no felony, but

a trespass: because they

concern the land, or ...

savour of the realty, &

are considered as part

of it by law. IV 234

It is true , that th

merc y of juries will often

make them strain a

point, & bring in larceny

to be under the value of

t we lvepence when it is really

of much greater value:

but this is a kind of pious per jury. IV 239

The offence of p rivately

stealing from a man's person

.... without his knowledge,

was debarred of

th benefit of clergy, so

early as by th Statute &

Eliz. c. 14. But then it

must be such a larceny

as stands in need of

the benefit of clergy, viz

of above th value of

twelvepence; else the offender

shall not have

judgm t of death .....

This severity .... seems to be

owing to th ease with

which such offences are

committed, & the difficulty

of guarding ag t them:

besides that this is an

infringem t of property,

in the manual possess n

occupat n or corporal

possess n of the owner,

which was an offence

even in a state of

nature. IV 241.

Outlawry may frequently

be reversed by writ of error,

the proceedings therein

being (as it is fit they

should be) exceedingly nice

& circumstantial; & if

any single minute point

be omitted or misconducted,

th whole outlawry

is illegal and may

be reversed. IV 315

If J ames Allen, gentleman ,

is indicted by the

name of J ohn Allen,

esquire, h may plead

that he has the name

of James, & not of Joh n;

& that he is a gentleman,

& not an esquire. And

if either fact is found

by a Jury, then th indictm t

shall be abated. IV 329

Universal maxim

of th common law of

England, that no man

is to be brought into

jeopardy of his life,

more than once for

the same offence. IV 329

On witness is not allowed

to convict a man

indicted for perjury; because

then there is only

one oath ag t another. IV 3 51

Sir Matthew Hale....

lays down two rules.. .

1. Never to convict a man

for stealing th goods of

a person unknown, merely

because he will give

no account how he came

by them, unless an actual

felony be proved

of such goods: & 2. Never

to convict any person of

murder or manslaughter,

till at least the body

be found dead. IV 352