JB/031/157/001

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10th Septr. 1828
Blackstone.

II Of Judicatories
one sort – only one way
of getting at truth.
Note. Courts martial
& Do – Ecclesiastical.
Judicatories not Courts.
In Law as it ought to be
functionaries in Judicial Theatre –

Judge, but one – to try
all sorts of suits.

Except Local Headman
all others exercising the
functions of Judges, and
called so.

In a large proportion
of suits in Westminster Hall
it depends on Defendant
what evidence shall be elicited.

Accersitors or hither-callers
– what.

Prehensors – what.

Syllable ap left out, why.
To obtain attendance of any
Evidence holder – if not
likely to come when called,
prehensive process necessary.

It might happen, in
Case of a party – if he though,
by being in power of the Judge
– made to undergo some
punishment.

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Interest of witness, often
not inferior to a party!
Note. Evidence, is personal,
written, or real.

Real, per Law it is –
but it means merely, not
counterfeit. Real from res

Prehensors disguised as
Sheriffs
Under do.
tipstaff
Bum Bailiff
Constable
Sergeant at Arms.

In some cases persons at
large may be prehensors,
as a felony: if summon'd by
Sheriff, a man is one of posse
Comitatus, or Fay Ray's Bobtail.

for this service military
men preferable.

Every thing, that is susceptible
of it shd be defined, now
Law as it is – nothing is.
Forth comingness, needful
for
the more defendants the
better; Pursuer pays Judge
& Co. for every one.

Mercy, as well as justice
to be had on paying for it
X. Springing house instead
of Jail. – Bail, prisoner
let out. Bail is justified by fees.

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Law as it pretends to
be, gives money of defendant-debtor,
to Pursuer
– Law as it is, gives first
fruits of it, to Noble &
Learned Lords &c

Necessary to understand
cause of difference in
the treament of a defendant
& an expectant witness.

That defendants shd be
so dealt with, necessary
– Not so with Witnesses.
Subpœnas may served on
any number of persons
whether they know anything
of the suit or not. Fees
for this, and also for the
Serving.

Such Instruments might
be served on Most Nobles
&c. They appeared or not
as they liked. It says "Or
"pay 100£." but wd they
ever have to pay it? Never.

Even where punishment
is desired – 100£ never is
called for: imprisonment
substituted: without this
Society wd not be kept together,
for by paying the
100£! Defendants might
keep away the Witnesses –
the millions depended on
their testimony.

Identifier: | JB/031/157/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-09-10	Marginal Summary Numbering	not numbered
Box	031	Main Headings	civil code
Folio number	157	Info in main headings field	blackstone
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	richard doane	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9843
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