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May 1809 Part I. Ch.2. 2
Elements of Packing Ch. 2. Ph. to Mac
1.
1. Assertions by Sheriff
1. Exchequer Juries permanent —
admitted &
defended. p.1.
2. The permanence unconstitutional —
p.1.
2
3. — illegal — not denied.
p 1.
3
4. caused by packing —
(mode described) not denied —
2
Assertion erroneous thro'
decency or want of experience.
p 1.
1 In Mac no direction
or connivance
direction probable
connivance certain
p.1
2. In causes
negligence or indifference
viz: v. post — Not so
but indifference p1
wilfulness p1 —
3
Letter Phillips to
Mac p 2
(a)
1 [for terms & years together]
Quoth the charge,
the permanence has
not been casual but
regular. p.2
2. Of the variation the
existence is admitted
for Phillips, its littleness
by Mac
p 2
3 The variation amounts
to no more than this
viz that the Select
& Secret qualified serving
list is larger
than the serving list:
number more than
12. p.3
4. Secret qualified list
is to serving do what
the Direction actual
and past are to the
actual alone: except
that the exclusion of
supernumeraries is
not performed by rotation
but by chance and choice
& sincerity. p.3
5.
Why it was necessary that
the Select and Secret
list should be larger than
the serving —
1. The duty wod have been
too hard for Guinea
men of that rank:
thence might have
excluded useful members.
p.4.
6
2. The importuse would
have been too barefaced —
even for the habitual
blindness & insensibility
to all abuses produced by
Judges screened by law.
p.4.
(b)
[Connivance or direction]
Per J.B. no direction
possible, no connivance
impossible.
Mac's declared approbation
of the permanence
is grounded on the length
of his experience. Confirmation,
the restoration of
the permanent system by
Master after departure
from it on remonstrance
by Sheriff;
See Ch. 7
p5
(c)
[negligence or indifference
of officers].
Another pardonable mis-statement.
In the subordinate
negligence and indifference
towards a system so
avowedly dear to the
superior not probable
disproved postea by Remembrancers
back sliding as
per Ch. 7.
p 6
(d)
[ Crown Solter permitted
to interpose]
Non clearness or incorrectness
here: for —
1. Solter has a right to
interfere — viz — to strike
out his 12.
p.7
2
2. No stage at which as a
cause of partiality it cod
have had place.
At striking useless. To
the amount of 12 he wd himself
have struck out all
he did not like.
Nor likely that the Master
shd be deficient in clearing
the attending list of non-obsequious
Jurors, or that by the
Crown Solter he shd be thought
to be so
p.7
3.
3. No time — 1 Before production
of gross list by
Master not probable
or consistent — It wod
suppose collusion between
both — yet deceptive
language used by Solcer
towards Master.
p.7
And how shd this
habitually transpire.
4
At production of Gross
list by Master both Solors
are present. Each having
erased his 12, the list for
summoning is thus formed.
The supposed insinuations
must then have had for
their object the erasure
of others in
addition to
that erased 12.
But to do this wod
require a new gross list
to be formed — then and
there formed. p.8.
5.
In which case the Defts
Solr would claim the
renewal of his facility of
discarding, and so discard
all the new substitutes.
and he wod ask — if p8
these to your knowledge
wod not attend why did
you leave them in ? &
suppose these two or three
do not there will still
be enough in abundance.
p.9.
6.
Incredible that by Master
such a gross list shd
be constantly formed yt
striking out 12 would
not render it fit for
Crown Solors purpose: so
that to obtain 2 or 3 more
a deceit incapable of
deceiving shod constantly
be rendered necessary. p.10
7.
Conclusion — such conversation
if ever held must
have been innocent, nothing
being to be gained
by it if not. p.10
8
May Virtually admission
silence of the Judge to
an native charge of
conspiring agt Justice
by an Officer in his
dependence —
9
Cause, the untruth of
the charge: the real truth
being worse: the fox lay
quiet, observing the hound
on a wrong scent. p.11
(e)
[indifferently taken]
In the actual state of things
verification of this hypothetical
one was impossible —
Master alone, the dependent
of the Judge suffices to secure
non indifference, without
Crown Solors: p.12.
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elements of the art of packing |
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part i ch. 2 elements of packing ch. 2 ph. to mac |
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marginal summary sheet |
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john herbert koe |
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