JB_094_277v.xml

Title: [[094-277v] 11 Feb y 1807 Letter]

Description: [094-277v]

11 Feb y 1807

Letter IV

[...?] 6.7.8.9 [...?]

1. If every man who wishes for a Jury trial has /may have/ one, nothing more can be derived by the most passionate enthusiastic admirers.

2. Where neither party wishes for a Jury, it is with respect to the main end of justice security against misdecision, unless at least in the opinion of all those to whom it belongs to judge and in respect of those ends which regard delay, vexation and expence it is evidently uncandescence[?] and repugnant.

3. To consider /Taking the matter on the footing of/ delay alone, place Jury trial in this respect upon the best footing possible, a Judge will always be able to give a decision soever without them with a Jury.

4. Judicature by a Judge, a single Judge - is the most natural, the most simple mode. Supposing either party to be dissatisfied with the decision pronounced by the Judge, it is matter of great comfort and advantage to him to be able to lay his cause before a Jury, of whose impartiality he is afraid. But it is time enough for him to appeal from the decision of the Judge, when he is dissatisfied with it: and it is time enough for him to be dissatisfied with it, when he knows what it is.

Most admirable, Jury trial, my lord in the character of a medicine! a specific, a very panacea for one /some/ of the disorders to which the judicial system of judicature is exposed. As medicine, yes:- but how is it these quacks employ it? They give it instead as daily bread /food/. As well give opinion in that character or the bark[?], instead of bread. Give it? no: not in half the causes cases in which they charge for it are given. And why give it in reality[?], why give it in [...?]?- Why? because of the Apothecary's bills they make for it.

093-069.xml

Title: [Jan y 1807 Scotch Reform To L d Grenville]

Description: Jan y 1807

Scotch Reform To L d Grenville

Facienda

Juries why on appeal only

Whosoever chooses to have /submitt his cause to/ a Jury may provided the cause /question/ is of the number of those that are physically speaking capable of being tried by a Jury, may have one if he pleases. To any useful purpose what more need any man wish to have to do with Juries?

Whosoever finds himself /sees cause for being/ dissatisfied with the decision of a single Judge may betake himself to this superior or supposed superior, security against misdecision, if he pleases.

But if a man is not dissatisfied /before it is in his power to have been dissatisfied/, with the decision of a single Judge, why force him into any other hands? But with the opinion of a single Judge, I will not ask how can he possibly be dissatisfied, but I will ask, with what reason can he be dissatisfied, before he knows what it is.

The question being, how far and in what respects is the part borne by a Jury conducive /subservient/ to the ends of Justice, the first thing to be done is to advert[?] to the distinction between the different ends of justice.

This done my Lord, my answer is very simple /short and simple/. In the first instance I do not employ Juries. why? because in the first instance the employment of /giving employment to/ Juries is inevitably attended with that factitious delay, vexation and expense which by the profit attached to it (has begotten in the heart of lawyers /heart of English lawyers/ his impassioned love for Juries.) has secured to that object of interested idolatry the devotion of the English lawyers and his dupes.

JB_094_284v.xml

Title: [[094-284v] 6 Feb y 1807 Letter]

Description: [094-284v]

6 Feb y 1807

Letter IV

[...?] 6.7.8.9 James

Where, as under the existing technical practice, Jury trial is resorted to in the first instance, Your Lordship sees, in how extensive a mass[?] of cases the suitors /justice/ are deprived of the benefit of end of judicature /security/. [...?] the use of it to the 2 d instance, in none of these instances /cases will/ and the suitors be deprived of it.

The evidence - technically written, real has been received /delivered to //come through/ or collected by the Judge delivered /testimonial/ vivâ voci[?] or in whatever next best shape it was to be had: delivered in public (unless in the cases, to a small extent, which provisionally require a certain degree of provisional privacy) by or in presence of the parties interested delivered, if multifarious, in parats[?], as in examination before a Justice of Peace, at the earliest time at which the several [...?] were to be had: the whole stock /harvest/ got in viz: the whole of that which has been /was/ deemed prudentially as well as physically speaking obtainable, and at the same time needfull, the mass is Justice circumduced[?] - the budget (I would rather say) closed, and the decision, the decision grounded and pronounced - pronounced by the Sheriff Depot - the Lord Ordinary - a single Judge.

This done the whole of mass of the evidence is [...?], or as a mathematician would say, given. The delivery of it may have occupied but two minutes, it may have occupied two weeks, employed in nothing else.

The parties are they both of them satisfied with the decision? - So much the better. Is either of them dissatisfied with it?- He thereupon expresses his desire that the evidence may be submitted to /laid before/ a Jury.