JB/039/200/001

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1826. Septm. 4.Constitut. Condt Code. Ch.IX. S.16. Supplement.

Addition to the note ending at p65.

In the formation of the immediately acting
list, a sort of gauge veil, with a colouring of chance
upon it, is thrown over the packing machinery as
above. But the original list, out of which this immediately
acting list is thus to be packed by whom and
how is it to be formed? Answer. By a the sheriff — member of the
Aristocracy, named every year by the King. & the Sheriff
This, per SS.13. 14. without disguise. And, lest this original
garbling should not suffice, by whom is this
garbled list to be regarded? Answer. By the very
Judicatories, whose power of garbling was the grievance,
to which this statute is the pretended proffered and supposed remedy: for, by
S.20, all the great criminal Courts, commencing
with "the King's Bench," are expressly confined in the
power of doing whatever they please in regard to the selection
of jurors — "in manner heretofore used and accustomed,"
by "order, orally or otherwise... amending or
"enlarging the pannel of jurors returned for the trial of
"any such issue." And this heretofore known and accustomed
manner supposing the existence of any possibility
of knowing it, by whom is this possibility possessed?
By the Judges, and them alone: by the judges who, on
each individual occasion, cause it this supposed check upon their conduct to be whatsoever
best suits their purpose.

Thus by this Statute is the proffered and supposedly
acknowledged grievance, instead of being a fruitful remedy aggravated to the every uttermost:
and the jury system — the supposed check to despotism —
, and so far as it is a if it were indeed a check, the only check by law has established —
converted, from a feeble and very most imperfect check,
into a most powerful instrument.

Identifier: | JB/039/200/001 "JB/" can not be assigned to a declared number type with value 39.
Date_1	1826-09-04	Marginal Summary Numbering
Box	039	Main Headings	constitutional code
Folio number	200	Info in main headings field	const. code ch. ix supplement
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	12207
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