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1828 July 25
Blackstone
As evils occurred from what suffering
was expedient or apprehended by government
is avoided: implicit was made to be
not to look over for remedies
Legal arrangement is an
arduous process, in not
only part said judgment
but a vast stock of expence
to operate upon necessity.
1
Origin of Courts
Origin of Courts, origin
of C. Law.
The origin of the institution called Courts of Justice
and of the procedure carried on in and by them is at the same
time the origin of that law to which they are occupied in
giving execution and effect.
2
At first public mind not
prepared for comprehensive
rule of action.
In this nation as in every other In the early period of the its history the public
mind was not ripe enough for any such work asthe formation of the any rule of action
covering the entire field of and action, or any consideration portion of it, and
head down prescribed to tell the whole population by authority of the government.
3.
Point of time – when
existing system commenced:
prior to that see
Blackstone.
For the present purpose the point of the time from which
to set out is that at which the state of things still in existence system still existing
took its commencement. To go back to status of things any
higher Further Earlier states of things which would afford no additional
explanation of the present existing system might gratif
afford curiosity its gratification but would not in any other
way be of use. They may be seen in Blackstone.
4.
Judges, King's creatures,
objects, 2. 1. to subject
to his will – all subordinate
do 2. to settle disputes,
between individual
& do . See Register
of Writs
It was by the Monarch that the Judges were placed in office.
Nor Placed by him at pleasure, they were displacable by him at
present pleasure: being his creations They were his instruments. Whatsoever was operations
were on any occasion proposed done by them: his interest and his pleasure were the sole objects
of reference. Their appointment had two objects – the keeping
in
subjection to his will and subordinate ones: this was the main principal
and: the settling disputes between individual and individual,
this was the less considerable and the end of inferior importance,
the footings which on this occasion constituted the
motives were not theirs but his: if they were to
be kept from crying out, it was to preserve his ears from
being disturbed by the noise(a). (a) "no amptius clamorium andeamus." In the Register of Writs, this
the declared object and the only one. On entrance into Office each Judge thus
took a promissory Oath: fidelity to him in his personal capacity
was declaredly if not the only object
at any rate the principal
one.
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