26 Jan y 1808

Homologation necessary

Jury Trial requires it

Introduction of Jury Trial /Furnishing the Scotch judicatories with Jury-boxes/ is among the objects proposed by the Bill. And to the extent of that part and that part alone of the main body of the law which is in the shape of statute law can any fixed basis be found for any of these Jury boxes /be found/. A Jury which is not permitted to take cognizance of the question of law - a Jury [...?] which does not decide upon the question of law as well as the question of fact, is a mere tool, a mere instrument of arbitrary power in the hands of a Judge. Under statute law the question of law has for its subject matter a set of words determined /chosen/ by the legislator chosen for all occasions: if the Jury are not qualified for deciding on the impact of these words, what is it that they are qualified /fit/ for?

Observe on this occasion the inconsistency - the [...?] and self-[...?] inconsistency of the men of law /English Judges. To me[?] and the [...?] set /description/ of person the same law is supposed at the same time to be intelligible for the purpose of exacting on the part of each individual the strictest conformity to it as has [...?...?]: unintelligible to the same individual to the purpose of his judging whether it has been conformed to in other instances.