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1823. Sept. 21.
Constitutional Code.
III. Rationale Questions

Note (a) 9.
9. Cause – the earliness,
thence scantiness and
rudeness of the law where
no such complication
of interests, as since.
(See Delay and complication
Table).

10.
10. Cause II. Gap in the
evidence-collecting system
by exclusion of litigant's
testimony.

11.
11. Cause of this gap,
Lawyer's artifice.
In Saxon times and
long after, sole Judicatories
local: and in each
the form popular. Judges
all free men: President
alone (Sheriff of County)
Locatee of King or Aristocrats.

12.
12. Present, all persons, so
all parties. Each of course
allowed, each naturally
eager to relate for himself
every thing in his own
favour to extract every
thing of that tendency
from the other.

13.
13. Thus — in small
debt causes: the only causes
allowed to the few
small debt judicatories.
Then, all causes were
comparatively small.

14.
14. After Norman Conquest,
King set up judicatories
with authority
co-extensive with his
own, line of separation
logical: viz. into Penal,
Civil, and Financial.

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15.
15. Communication so
difficult, tedious and
dangerous, most men
were eager to be permitted
to attend by substitute.
Hence conducting Attornies
and Serjeants,
sharing in sinister interest
with King's Judges.

16.
16. Universal object now,
maximizing delay, vexation
and expence for
profit out of the expence.

17.
17. Light afforded by Glanville,
Chief Justiciary of
Henry 2d. In profession,
it covers the whole field
of law, substantive and
adjective. In fact, it is
nearly confined to the
law as to excuses for non-appearance.
Why? because
when parties appeared,
the dispute was
as good as settled: just
as now in small debt
courts and causes.

18.
18. Topics as to which this
was next to nothing.
1. Species of suit, as determined
by the object
of the demand.
2. Different stages of the
suit, as determined by inseparable
circumstances,
or incidental occurrences.

19.
19. To both Gaps from
Rome-bred law, or supply
was accepted. In Rome-bred
Churchmen's hands,
was ready made power
adequate to any gap.

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20.
20. 1. No cause too complex
for their habits. Through
their hands after owner's
death, passed all moveable
property: to pious
uses, the destination:
and none so pious as
their's.
2 No evidence to difficulty
attainable for their
power, if adequately paid
for the exercise of it: this
they necessarily were, by
their not receiving it, but
in a written shape, thro'
penmen subject to them.

21.
21. To the above Lay Judges,
when Jury Trial procedure
was first organized, this
channel of profit was
not open: Scribes were
not enough numerous.

22.
22. The best evidence the
Lay Judicatories would
not receive in any shape,
because by custom, they
could not receive it in a
shape profitable to themselves
and their confederates.

23.
23. The Church Judicatories
having their share received
it: but in a shape
so profitable to them, and
thence so burthensome
to litigants, and so ill-adapted
to correct persuasion,
that the ends of justice
in the aggregate were
not better served in this
case than the other.

24.
24. In both these branches,
having for it's object, lawyers
profit, at the expence
of litigants and of justice,
English law leaves thus
narrow, the extent of
Jury authority.

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25.
25. Having for it's object
the ends of justice, this
Code gives to the authority
of it's Quasi Jury, an authority
co-extensive with
the demand.

26.
26. Of course, the procedure
correspondent to it, will
neither put exclusion upon
evidence from the most
instructive source, nor
receive it in any less apt:
but in default of the power
of obtaining it in any
more apt shape.

Identifier: | JB/034/037/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-09-01	Marginal Summary Numbering	9-26
Box	034	Main Headings	constitutional code
Folio number	037	Info in main headings field	constitutional code
Image	001	Titles	ch. quasi jury / functions / note (a)
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1822
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1822
Notes public		ID Number	10311
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