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<head>1823 Sept 13</head> | |||
<head>Constitutional Code</head> | |||
<head>Quasi Jury<lb/> Explain<hi rend="superscript">d.</hi> Observations</head> | |||
<head>14. or 1.</head> <p>Adopted features, above <lb/><gap/> peculiar, <gap/> first <lb/> those which consist in<lb/> the exclusions of so many<lb/> in the jury system. Of the<lb/> Quasi jury &c., negative<lb/> features these<lb/> After these positive &c.</p> | |||
<head>15. or 2</head> | |||
<p>II. Discorded features are<lb/> either<lb/> 1. Opposed to main end of <lb/> justice: viz. maximization <lb/> of rectitude of decision.<lb/> 2 To collateral &c. minimization<lb/> of <sic>expence</sic> <lb/> of justice</p> | |||
<head>16. or 3.</head> | |||
<p> Features opposite to rectitude<lb/> of decision, are<lb/> 1. Choice in eminently<lb/> unapt hands. Here, as<lb/> far as possible, <hi rend="underline">chance</hi> <lb/> unaptitude moral: cause <lb/> of it, locator's situation,<lb/> such as, by exposure to<lb/> corrputive influence<lb/> produces an almost certainty<lb/> of his being partial<lb/> on one side: and<lb/> this in the most important<lb/> classes of suits.</p> | |||
<head>17. or 4.</head> | |||
<p> From selections, by whatever<lb/> hand, in no shape can<lb/>good ensue.</p> | |||
<head>18 or 5.</head> | |||
<p> In <sic>divers</sic> shapes, evil<lb/> can not fail to ensue.</p> | |||
<head>19. or 6.</head> | |||
<p>Instrument of selection<lb/> is either. 1. <hi rend="underline">Choice</hi> or <lb/>2. <hi rend="underline">Chance</hi>: i.e. absence<lb/> of choice.</p> | |||
<head>20. or 7.</head> | |||
<p>Of features adverse to <lb/> rectitude of decision,<lb/>remain 8, too intimately <lb/> connected to <sic>admitt</sic> <lb/> of separate consideration.</p><pb/> | |||
<head>21. or 8.</head> | |||
<p>1. Number of jurors serving <lb/> in each suit, 12: <lb/> of Quasi-jurors, but 3.</p> | |||
<head>22. or 9.</head> | |||
<p>2. In case of disagreement <lb/> jurors forcibly transferred<lb/> to a closed room. Of Quasi<lb/> jurors no such transfer, <lb/>unless one desires it<lb/> </p> | |||
<head>23. or 10</head> | |||
<p>3. Of jurors, just before<lb/> commencement, a solemn<lb/> promise exacted<lb/> of each to declare opinion<lb/> in favour of one side<lb/> or another.<lb/> Of Quasi jurors, no <lb/> such promise exacted.</p> | |||
<head>23. or 10 (a.)</head> | |||
<p>Notes showing how a<lb/> third state of the mind, <lb/> viz. indecisions being frequent,<lb/> promise to declare<lb/> decision on one or other<lb/> side, is a promise to<lb/> speak false.<lb/> In roman laws, declaration<lb/> of indecision <lb/> was allowed.</p> | |||
<head>24. or 11.</head> | |||
<p>4. The promise, thus exacted<lb/> from each, a promise<lb/> not only to pronounce<lb/> a decision, but <lb/> a decision which shall<lb/> be on the same side<lb/> as that of all the rest <lb/> see here another breach<lb/> of the promise.<lb/> Commonly called unanimous <lb/> the verdict: but<lb/> wherever difference of<lb/> opinion has place, falsely:<lb/> <hi rend="underline">universal</hi>, <gap/>. <lb/> Of Quasi juror, no such<lb/> promise exacted: by<lb/> them, no such breach</p><pb/> | |||
<head>25. or 12.</head> | |||
<p>5. As if to secure observance <lb/> be the so frequently<lb/> and notoriously broken<lb/> promises, attached<lb/> a religious ceremony,<lb/> whereby it is converted<lb/> into an oath: and the <lb/>breach of it into purjury.<lb/> By Quasi jurors, no oath<lb/> taken, no such perjury<lb/> commissible</p> | |||
<head>25. or 12 (a.)</head> | |||
<p>Form of the oath stated.</p> | |||
<head>26 or 13.</head> | |||
<p>6. On disagreement, confinement<lb/> inflicted on<lb/> all, till declarations of <lb/> agreement with all the <lb/> rest has been extorted<lb/> from each: accompaniments<lb/> such, as convert<lb/> the confinement into<lb/> a slow torture, not long<lb/> endurable, consequently<lb/> never long endured.<lb/> <hi rend="underline">Torture Master</hi>, the<lb/> judge; torture continued<lb/> until every one has <lb/> joined in the decision <lb/> dictated by him.<lb/> In his <unclear>default</unclear>, any further<lb/> <sic>untill</sic> every other<lb/> has joined in the decision<lb/> declared by him<lb/> the ceremony is, to<lb/> make men keep the<lb/> promise: the torture, to <lb/> make them break it.<lb/> In no instances, has<lb/> the ceremony ever prevailed<lb/> over the torture. <lb/> To Quasi jurors, no<lb/> torture is applied.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} |
1823 Sept 13
Constitutional Code
Quasi Jury
Explaind. Observations
14. or 1.
Adopted features, above
peculiar, first
those which consist in
the exclusions of so many
in the jury system. Of the
Quasi jury &c., negative
features these
After these positive &c.
15. or 2
II. Discorded features are
either
1. Opposed to main end of
justice: viz. maximization
of rectitude of decision.
2 To collateral &c. minimization
of expence
of justice
16. or 3.
Features opposite to rectitude
of decision, are
1. Choice in eminently
unapt hands. Here, as
far as possible, chance
unaptitude moral: cause
of it, locator's situation,
such as, by exposure to
corrputive influence
produces an almost certainty
of his being partial
on one side: and
this in the most important
classes of suits.
17. or 4.
From selections, by whatever
hand, in no shape can
good ensue.
18 or 5.
In divers shapes, evil
can not fail to ensue.
19. or 6.
Instrument of selection
is either. 1. Choice or
2. Chance: i.e. absence
of choice.
20. or 7.
Of features adverse to
rectitude of decision,
remain 8, too intimately
connected to admitt
of separate consideration.
---page break---
21. or 8.
1. Number of jurors serving
in each suit, 12:
of Quasi-jurors, but 3.
22. or 9.
2. In case of disagreement
jurors forcibly transferred
to a closed room. Of Quasi
jurors no such transfer,
unless one desires it
23. or 10
3. Of jurors, just before
commencement, a solemn
promise exacted
of each to declare opinion
in favour of one side
or another.
Of Quasi jurors, no
such promise exacted.
23. or 10 (a.)
Notes showing how a
third state of the mind,
viz. indecisions being frequent,
promise to declare
decision on one or other
side, is a promise to
speak false.
In roman laws, declaration
of indecision
was allowed.
24. or 11.
4. The promise, thus exacted
from each, a promise
not only to pronounce
a decision, but
a decision which shall
be on the same side
as that of all the rest
see here another breach
of the promise.
Commonly called unanimous
the verdict: but
wherever difference of
opinion has place, falsely:
universal, .
Of Quasi juror, no such
promise exacted: by
them, no such breach
---page break---
25. or 12.
5. As if to secure observance
be the so frequently
and notoriously broken
promises, attached
a religious ceremony,
whereby it is converted
into an oath: and the
breach of it into purjury.
By Quasi jurors, no oath
taken, no such perjury
commissible
25. or 12 (a.)
Form of the oath stated.
26 or 13.
6. On disagreement, confinement
inflicted on
all, till declarations of
agreement with all the
rest has been extorted
from each: accompaniments
such, as convert
the confinement into
a slow torture, not long
endurable, consequently
never long endured.
Torture Master, the
judge; torture continued
until every one has
joined in the decision
dictated by him.
In his default, any further
untill every other
has joined in the decision
declared by him
the ceremony is, to
make men keep the
promise: the torture, to
make them break it.
In no instances, has
the ceremony ever prevailed
over the torture.
To Quasi jurors, no
torture is applied.
Identifier: | JB/034/042/001"JB/" can not be assigned to a declared number type with value 34. |
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1823-09-13 |
[[marginal_summary_numbering::14 or 1 - 23 or 10, 23a or 10a, 24 or 11 - 25 or 12, 25 or 12a [sic], 26 or 13]] |
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034 |
constitutional code |
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042 |
constitutional code |
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001 |
quasi jury / explany observations |
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marginal summary sheet |
1 |
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recto |
d2 / e2 |
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john flowerdew colls |
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10316 |
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