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8 July June 1809 Part II Ch. 3 2 3
Elements of Packing Ch. 3. Mac to Ph.
§§.2. The Letter &c. Notes
(b)
P.169 [worth while to
mark reform]
2
Templar says "rectify"
Mac changes it to reform.
Rectification can scarce
ever by lawyers be positively
refused, reform may:
reform odious: synonymous
to Jacobinism. p.5
3.
Mac's eagerness to find
in Templars doubt whether
worth while a sanction
for flat disobedience to
a law of Parlt probibility
a practice on the declared
ground of its corruptness.
p.2
4.
Worth while to violate
the constitution: not worth
while to decease doing so.
p.2.
(c)
[no inconvenience] In
these practices & results
per J.B. what these
are, are brought
to view. p.3
(d)
[inconvenience from distance]
See Part I.Ch. 4
Special Influence — infra
Ch.5. (Temple adviser)
p 3
(f)
Use of full Special Juries —
1. Talesmen might turn
the wrong way especially
under unanimity
2. None attending but willingly
the more the more
valuable the patronage.
2
Principle of undue favour
to opulence evidenced by
the assumption yt unless
when taken near London
the Jurors would not attend
i.e. would not be made
to pay obedience to law
Penn,
§§.2. The Letter &c. Notes
Persons on whose part
obedience could not be
enforced are —
1. Those who can best
afford it.
2. Those to whom the journey
is but 15 miles at most
3. and then in the smaller
number.
Persons on whom it is
enforced (Common Jurors)
1. Those who can least
afford it.
2. Whose Journey may be
thrice as long.
3 — and in the largest number. p.8.
Causes of this inconsistency
system of aristocratical
injustice contrived
by Judge & Co for
their own benefit
1. On the common ally the
laws are executed —
2. By the gentry laughed
at when Judge & Co
interest coincide with
theirs:
1. Protection of the law
denied to ql gentry ql
facility of oppression
may be sold along
with it.
4
In pursuance of this
principle gentlemen are
paid for this service
without being forced into
it. Common Jurors
forced without being paid.
p.5.
5
This is the state of
things which has excited
himself to preserve. To
deny the existence of it
we must disbelieve his
evidence. p.5.
(g)
[Complaints about 15 miles]
The nature of this hardship
has been touched
upon and may be again
Use of it to packing
system, producing complaints
of vexation to furnish
a colour for adhering to it.
This, to appearance was
the reason for nominating
& thence summoning
these few unwilling Jurors.
p10
§§.2. The Letter &c. Notes
(h.)
[Instructing Juries exposes
parties &c)
Symptoms of somnolency
here — If it be
contagious to Jurors the
point will not be understood
at all
For this argument
see Ch. 4. p.12
2.
Latent cause of the destrn
to abridge the process of
instruction, avoidance
of the labour.
3.
Conceditur this not
purely a personal but a
public reason. Rate of
progress — not merely as
to mechanical operations
but as to decision more
agreeable to Defr than to
Deff
Consolation to
Deff's in Excheqr Chancery
and Irish do — p13.
4.
So in the Lords — motu
festina lente — pace
antediluvian not golden.
p.13
5.
Caution beware of the
innuendo — Oedipus. p.12
6.
Consolation men made
for the use of fee-eaters.
p13
(h)
[few verdicts I should
have dissented from]
1. Dissent from a Verdict
— a dream! In his dreams
1. Being a Juror did he
perjure himself? pious
perjuries — Zeal of
Blackstone's brethren
to promote them.
2 or in the House — so as to
sitting off the Woolsack
dissents these may be
clear of perjury.
Apology for perjury
as for hell. p.14
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part ii ch. 3 elements of packing ch. 3 mac to ph. |
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