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1823. Sept.11. Constitutional Code Ch. Quasi Jury


In intellectual and
active aptitude this
uniformly stands unquestionable.

As to moral, now
of the checks (25) which
apply to Judge apply
to thence.

---page break---

5. or. 1.

Design here.
1. Adopt apt jury features.
2. Discard unapt do.
3. Add apt ones.

6. or. 2.

Apt: viz. as to Quasi Jury:
for one will be shown,
which, though essentially
apt in jury, would in
Quasi Jury be mischievous.

[Add? This is a virtual
negative on laws with
a Constitutional aspect.
See below]

7. or. 3.

Prime difference to jury
belongs, in a certain way,
decisive power as to the
ultimate result of the
suit: ex. gr. acquittal in
a penal suit.
To a Quasi Jury, not.

8. or. 4.

Only in one case has
Quasi Jury decisive power:
and then it is not ultimately

This is power of warranting
Appeal, in cases in
which English law does
not: viz. in cases in
which it were given absolutely
to dependant, it
would intolerabilize vexation
and expence to prosecutors,
witnesses, and
Quasi Jurors: since, for
delay and chance of escape,
all convicts whose
guilt was beyond doubt
would appeal notwithstanding.

9. or. 5.

Reason for withholding
from Quasi Jury, the decisive
power of a jury.
Hence judge's moral inaptitude
is checked more
effectually than it is in
juries, or would be in
Quasi juries: and

---page break---

9. or. 5. contind.

in intellectual and active
aptitude, never
could the miscellaneous
and inexperienced
many compete with
the select and experienced

10. or. 6.

As to the virtual negative
possessed by the juries,
here, the laws being the
work of the delegates of
the whole people, any
negative in the hands
of a miscellaneous few
would be worse than

11. or. 7.

This decisive power being
withholden, none
but the auditive, interrogative
and communicative
left, the character
is little more than
that of an appointed
committee of the Public
Opinion Tribunal, constantly


Jury's decision and virtual
negative excepted, it's
apt features are accidentally,
not necessarily connected
with it these are:
1. End, bridling judge's
2. Publicity.
3. Lash for judge, explaining
case, and showing reasons
for his advice &c.
4. Evidence in the best

12 (a.)

Features of this best shape
1. Question viva voce parties,
judiciary, auditory,
2. Put by persons interested
in bringing out the whole
truth: without supposition
or disguise: viz. one
side one half; the other the
3. Answers extempore,
without time for supposition
or misrepresentation.

---page break---

12 (a.) Contind.

4. Questions rising out
of, and alternating with
5. The whole minuted on
the spot by any that will,
as well as by judge.
6. Judge the same, by whom
the decision grounded on it
will be framed.
7. Wanting here, faculty of
amendment at leisure allowed
to relating witnesses
as in Party. Committees:
not dangerous to truth, the
original minute remaining
as a standard.


Of these features, none
but might have place in
a judicatory without a
jury: viz.
1. Publicity it has place in
English Equity Procedure
in some stages.
2. So in do. judges explanative
and reason-giving

3. So, evidence in best
shape, in preparatory criminal
examinations, justice
of peace judication.
But for compleat, correct and clean
performance of that lash,
in no case are the motives
to cogent as in that
of a jury.

Identifier: | JB/034/041/001
"JB/" can not be assigned to a declared number type with value 34.



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5 or 1 - 11 or 7, 12, 12a, 13



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constitutional code

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constitutional code





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jeremy bentham; john flowerdew colls



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