JB/034/042/001

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1823 Sept 13 Constitutional Code Quasi Jury
Explainy. Observations

14. or 1.

Adopted features, above
hollow 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
corruputive 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.

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Quasi Jury
Explainy. Observatns

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, false:
universal, yes.
Of Quasi juror, no such
promise exacted: by
them, no such breach

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Quasi Jury
Explainy. Observations 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 perjury.
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.
Date_1	1823-09-13	Marginal Summary Numbering	[[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]]
Box	034	Main Headings	constitutional code
Folio number	042	Info in main headings field	constitutional code
Image	001	Titles	quasi jury / explany observations
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10316
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