9 June 1808

On Disadvantages

. 1. 6 Disadvantage - Burthensomeness

to the Jurors of the institution to the persons obliged to serve

as Jurors

When the extent to in which this

inconvenience of in respect of the number of persons that

would be subjected to the burthen

burthened is considered, this in Scotland a country to

which the burthen is new will be found of itself so

great, that the body of advantage

in other shapes must be great indeed, to to

afford an adequate compensation for it outweigh it.

In England, in causes of the very highest

importance class, and distinguished from the common run

others by no circumstance more obvious or incontestable than that of

general superiority of importance, a single Judge is found, is at least

deemed, sufficient.

It is of the essence of Jury trial to set employ a

multitude of Judges to do the work of one: and

that is work which whether better or , may at any rate be done

quicker by the one than it can be done by the multitude.

Without being in reality [of the

essence] it is

in England through the influence of prejudice and superstition

regarded as being of the essence of the institution, that the number

of Judges is not to do the work of one should be 13: and

pick as the number which as if is ever as

just as that of the months in the year seems to be

designed for Scotland.