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8 July June 1809 Part II Ch. 3 1 3
Elements of Packing: Ch.3. Mac. to Ph.

§.1. Substance stated.

1
Mac's answer to Phillips
in four days as
above — heads as follows
I. Admitted — existence of
the permanence
II. Not denied
1. Its unconstitutionality
2. Contrariety to Statute
3. Its being effected by
Macs dependents in
collusion with Sollers
on one side. p.2

2
Per Mac no inconvenience
in all this. p.1.

3.
To the reform of it he
makes two objections
1. Vexation to Jurors excused
2. Danger to main ends
of justice by subtraction
of instruction necessary
to enable Jurors to do
justice.

4.
Laws of practice disdain
such theoretical arrangements —
JB employs them
to put Macs arguments
in the clearest light.
p.1

5
Macs practical remitt
endeavour to make the
Sheriff give up the reform
p 2

6.
JB's observations on
Mac's arguments —
1. Admitting the existence
of the alledged inconveniences
they wod not constitute
a defence or
even excuse. p2

7
2. That the existence of such
inconvenience is contested
in the next Chapter
p 2.

§§.2. The letter in ch new
words.

(a)
[Old Bailey 9 Apr. 1809]
Time 5 days sufficient
for consulting with the
other 11 Judges: place, Old
Bailey: present at least
one other Judge

Language, its courteousness
bespeaks it Macs.
[Ellenboro' who never speaks
but to insult never put
together so may civil
words]

To the course and arguments
any number
have been parties & privies


---page break---

§§.2. The Letter &c Notes

(a) (aa)
[Templars objections perfectly
just]

1
Base of these observations
the Acts 3G.2.c.25
& 4G.3.c.7 for preventing
over service, apply to
Special Juries. This
overservice, understanding
it to be prohibited by
Parlt, Mac labours to
protect. p 1

2
Per J.B. these Acts
even not meant by the
lawyers to be applied to Special
Juries. p1

3
But this lessens not
Mac's contempt: tho'
not logical his contradiction
was ethical:
& it is by ethical that
disposition is constituted
&
p.1

4
Per J.B. the lawyers
who were trusted as to
the penning of ql act
liked not to part with
so useful an instrument
of corruption: yet being
ashamed or afraid or
unable to retain it
openly took, forgetting
of ql operation of it,
the course of appearing
to proscribe it, employing
at the same time such
words as wod be found
inapplicable to the purpose.
For an account of the
contrivance see Ch. 5.
p.2.

5.
Odd that Mac & others
shd have concurred in
admitting the relevancy
of yl Act which if relevant
forbid the system he
was upholding.

Soliction must be left
to other hands. p 3

6
Still odder that this irrelevancy
had been twice
recognized by BR once
Ao 1793 (Macs
year) once Ao 1731 a year
after the act as per
dug up 62 years after
by Buller for a support
to the decision of 1793
he was concurring inpution
to be punished for
not knowing it. p.3.


---page break---

§§.2. The Letter &c Notes

7.
Hypothesis for solution
of the problem occasion
taken by Mac to shew
what sort of regard Judges
pay to Acts of Parlt
p.4

8
They deal by it accordg
as they like or dislike.
p4

9
In the case of 1731 Raymond
liking so much of
the Act of 1730 as concerned
common Juries declared
that it ought to be supported.

10
Calumny to say Judges
mean to overthrow all
acts as much as to
say Ellenboro' meant to
suppress all publications.
Liking it they are ready
to give it their support.
p.4

11
For a case throwing
additional light on the
problem reference to
Phillips correspondence
with the Recorder.
p5


Identifier: | JB/026/095/001
"JB/" can not be assigned to a declared number type with value 26.

Date_1

1809-06

Marginal Summary Numbering

1-7, a, aa, 1-11

Box

026

Main Headings

elements of the art of packing

Folio number

095

Info in main headings field

part ii ch. 3 elements of packing ch. 3 mac. to ph.

Image

001

Titles

Category

marginal summary sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d1 / f3

Penner

john herbert koe

Watermarks

Marginals

Paper Producer

Corrections

jeremy bentham

Paper Produced in Year

Notes public

ID Number

8828

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