JB/034/167/001

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1823. Sept. 11

Constitutional Code Ch Quasi-Jury
Explanaty Observation
Adopted feature

12
Jury's decision and
virtual negative excepted
its apt features are
accidentally not necessarily
connected with it
These are
1. End, bridling Judges
power
2. Publicity
3. Facts for Judge, explaining
case and
shewing reason for
his advice &c
4. Evidence, in the best
shape

Where thethat decision pa and virtually negative negative power
which is apt in a Jury but would be unapt in a Quasi Jury being that is excepted,
the features to which a Jury the Jury institution is indebted for its aptitude
will be found and which are here adopted and given to a Quasi Jury not essential accidentally only, not essentially belonging to it
These are 1. The end to which the institution of this fraction of a Jury was
manifestly and confessedly directed - namely serving as a bridle to the power
of the ever reasonable creature of the Monarch - the Judge. 2. the publicity of the proceedings
wherever this Committee of the people at large made makes its appearance. 3.
the people which thistheir power inspires upon the Judge - the task of giving
a public and immediate explanation of the case, with the reasons on
which he relies nots his expectationhope of seeing any the course he would
wish them to pursuer pursued accordingly, rests; to the shape in which
the evidence presented to this compound judicatory is always cuted.
and which is the very most conclusively best shapes. the only shapes and which it can be
had within a shape

Note

This is the most trustworthy of all shapes.

1. Question put by word of mouth in the presence of predicatory, pursuer
and medium 2 - put by pursuer interested in bringing out the whole
of the truth belonging to the case. 3. answers exacted on the spot
without time for suppression or disguiseany representative to answers
4. Questions put in a serves rendered permanent by being committed to writing on the spot
5. Questions and answers put in the promise and at pleasure by the individual functionaries by whom the decision grounded on the evidence thus extracted is to be framed.

12(a)
Features of this best shape
1. Question viva voce
parties, judicatory and
present
2. put by persons interested
in bringing out
the whole truth:without
suppressive or disguise vix.
the side : the
other, the other.

[+] Questions and answers
delivered in an alternating
claim or serves
answers arising out of
questions, and questions
out of answers

3. Answers extempore
without time for suppression
or dis
misrepresentation.
4. Questions rising out
of and alternating
with answers.
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 in it will be
framed.

7. Wanting here, faculty of amendment at leisure allowed to wit relating witness as a Parl.y Committees: not dangerous to truth, the original minute remaining as the standard Follows land of
this, practice of Romebred &z

The correctness compleatness correctness and clearness nothing wanting but
that faculty of amendment at leisure which when the unprompenary
relation remains on a standard might it should
seen be suffered to be seen without preponderant prejudice to truth
be suffered to be annexed. So accordingly it is in the examination
respectively taken by the two Houses of the English Parliament and
their Committees.

Such This is the course dictated by under the dictates of common sense and common
honesty and pursued by fathers of families in domestic procedure, and in all the comm
occasions in life. This is the a course taken, on every occasion
on which those in whom the taking of it depends are really desirous
of coming at the truth. The other courses which are taken on occasion
on which they could be taken have for their object and for their effect
the extraction of money from the probate of the owners into those of legislators
Judges and their dependentssubordinates connection by law aggravated by law
taxes, and by means of mendacity producing misdecision, pregnant with
further litigation with further fees and taxes. Such isare the courses pursued
under Rome bred procedure every where in English Common Law Courts in those stages

stages of a Jury suit
in which a Jury is
not admitted, and
in that sort ofRome Common
Law when Romebred Common
Law the bitterness matchless bitterness of which has been endeavoured to
be sweetened by the word Equity. How could Justice exist without Equity was a question put one day by a man, who, after while extracting £23 000 aa year out of it, is
still furnished. As well might he have asked how can man exist without arsenic?

Identifier: | JB/034/167/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-09-11	Marginal Summary Numbering	12, 12a
Box	034	Main Headings	constitutional code
Folio number	167	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	b4 / c4 / d3
Penner	jeremy bentham	Watermarks	c wilmott 1819
Marginals	jeremy bentham	Paper Producer	andreas louriottis
Corrections		Paper Produced in Year	1819
Notes public		ID Number	10441
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