JB/031/119/001

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1828 Septr. 7
Blackstone

Beginning
(10) (3) Rights
Note (a) II. Not exercisable but to
II. Restitution,

Roman Law
Purgative

Perjury preferred to cross-examination
not peculiar to England — under Roman Law only
one purge requisite there being
no Jury.

This sadly weak conceit of pay employing perjury in preference
to cross-examination is not altogether peculiar to England.
It is adopted has place under the Roman Law: and if should a purge of this sort
be preferred by you to any you could have from the Apothecary
learned person Doctors are not wanting, who having derivedobtained from the
Archbishop of Canterbury the power, would have no objection to
the administering it. But under the Roman Law a single person
taking the purge is sufficient suffices. Roman Law having no Jury
no twelve other persons are called in, to join in taking it.

One disadvantage to Jury's & Co of this
Course — stopping its fees.
Purge swallowed, suit at an
end — no arguments — Judges
not able to set at naught verdict
of Jury

Sooner or later, the eyes of learned Judges and learned Gentlemen
were opened. Whatever other advantages this quasi-medical
course may have been attended with, one disadvantage it
was attended with, and that was — cutting short al stopping up too early
a period, the path which had been showed by them with fees.
The purge swallowed, there was an end of the suit: no
examination and cross examination of evidence — no argument before
Judge and Jury: no subsequent argument before a Judge, to
engage him to set at nought the verdict of the Jury, by feeling
that this or that word had been spelt with a wrong letter.
In taking out execution for the benefit of those less learned
gentlemen, who are to the more learned what the is to
the royal King of : no argument preceded by affidavit
word, in the question whether in the performance of the execution
all formalities had been observed.

In time this process found not so
productive as others. Non lawyers
wd haver had it same as for any
other action. Here no lie & no justice
without — as no dancing without
in the room. Plaintiff must
say defd't found it altho' proved
that it was delivered to him

Thus it was that in process of time, the form of each this mode of proceeding
was found not so productive as all the others were. What was to be
done. An unlearned man would have said give you the facility
and let the action for the defence be carried on as action for money in the debt
or in short as any other action. No, this would not do: here
was no lie. Learned Judges could no more administer justice
without a lie in their mouths than London's fine gentlemen could
dance without a in the corner of the room: a lie
must be imposed, or justice can not be done. Be the thing what it may Plaintiff must see
that the Defendant had found it: when perhaps the Plaintiff himself had been unfortunate
unfortunate enough to deliver
it to him and him
with it. This he told, so
far as every thing was (as
Blackstone says) was as it
should be. Your saying
that Cupidus had found the
hearing of the witnesses to be satisfaction of the Jury proved that you had delivered it to him, under direction of learned Judge would give to you what money they pleased;
and, to Cupidus, the .

Identifier: | JB/031/119/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-09-07	Marginal Summary Numbering	not numbered
Box	031	Main Headings	civil code
Folio number	119	Info in main headings field	blackstone
Image	001	Titles	note (a)
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c10 / c3
Penner	jeremy bentham	Watermarks
Marginals	richard doane	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9805
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