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JB/026/070/001

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May 1809 1 2
Elements of Packing. Ch. 3 Influence destroys check

§.1

1
To the welfare of the
governed, checks to all
powers are conducive
at least, Anglice necessary
and will be allowed every
where to be beneficial
supposing the evil done
by weakening governmt
outweighed by the good
composed of securities agt
misrule. p.1.

2.
But all checks are
unpleasant to the hands
checked. p.1.

3.
Cause misrulable why
Anglicé the Judge was
encumbered with still
ignorant Assessors
in civili et criminali
while Scoticé in majori
criminali
only, & in
Contimenti in neither.
p.2.

4.
At conitat that originally
the Assesors were
the whole mob of Freeholders
( de quibus solis
ti it aut mos carabans

of whom the present
Jury is a Committee,
substituted by general
convenience. p.2.

5.
But, though from the
first the Judge was
saddled with the encumbrance
(viz Assessors) in
one or other shape, yet
from the first it cannot
but have been an object
to him to rid himself
of it, or lighten it.
p.3

6.
1. His power was diminished,
so far as a
will of theirs to which
howsoever expressed he
found himself obliged
to give effect, differed
ultimately from his
own wishes. p.3

7.
2. His ease by the labour
of whatever explanation
he found himself
obliged to give to make
known to them what
it was. p.3


---page break---

§.1

8
Which labour would
be proportionally encreased
in the event of his
finding on their part
any reluctance against
his will. p.4.

9.
Opposition to power &
disturbance to ease being
both disagreeable, hence
his endeavours to shake
off or lighten the encumbrance
must have been
with its existence.
Be his exertions what
they may his motive
is not the less the love
of ease. p.4

10
Efficacy of love of ease
less noticed but will
shew itself as an advance.
p.4


---page break---

§.2 Corruption & deception

11 or 1 —
Suppose hence forward
Juries to have compleatly
taken place of Freeholders —
{viz by the first
Grenville Act} For securing
inefficient & prompt
nilservience the nature
of the case afforded 3
instruments —
1. Intimidation —
2. Corruption —
3. Deception — viz — by influence
of understanding
over understanding.
p.5.

12 or 2.
1. Intimidation was too
completely incompatible
with the acknowledged
constitution
of the comprised judicatory to be
generally practicable
p.5.

12(a) or 2(a)
Attaint could not be inflicted
on the 12 without
concurrence of 24 still
less exposed to influence.
p.5.

13 or 3
Of fine by the sole
authority of the Judge
instances are not altogether
wanting: but
since such practice
had been frequent Jury
trial could not now have
existed such infliction
could never have been
considered otherwise than
as an act of lawless
violence. p.6

14 or 4 —
Remain corruption &
deception the only regularly
applicable instruments
of obsequiousness
in Juries. p.6.

13(a) or 3(a)
Case of the King v. Keach.
Actbble for an heretical
(Anabaptist) libel —
Sr. Fr. II.553

Juryman shaken by
Rgot Ch J of B.R..
p.A 6



Identifier: | JB/026/070/001
"JB/" can not be assigned to a declared number type with value 26.

Date_1

1809-05

Marginal Summary Numbering

1-10, 11 or 1 - 14 or 4, 13a or 3a

Box

026

Main Headings

elements of the art of packing

Folio number

070

Info in main headings field

elements of packing ch. 3 influence destroys check

Image

001

Titles

Category

marginal summary sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d1 / f2

Penner

john herbert koe

Watermarks

iping 1804

Marginals

Paper Producer

bernardino rivadavia

Corrections

Paper Produced in Year

1804

Notes public

ID Number

8803

Box Contents

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