JB/042/197/001

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1827. May 7 + + 4
Constitutional Code.

Ch. XII. Judiciary collectively
§.1. Excepted Judicatories

4

Copd.

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5. In English Monarchy
instances of application
of the word Court other
than to a Judicatory

1 the Monarch
2 Private attendants
on monarch
3 Persons frequently in
his presence

5. In Monarchies in general, and in the English
Monarchy in particular, in addition to the senses in which
it is synonymous to the word judicatory in its person-regarding sense of the word judicatory
as above the word Court is employed in the sense following person-regarding designation of the persons
following —

1. The Monarch

2. The persons most immediately attached to the service of
the Monarch, in his private or say non-functionary capacity,
or say

3. Any such other persons as are most frequently in his presence.

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6 Monarchical sense
of the word Court antecedent
to the juridical

6. Antecedent to the juridical sense of the word Court
was the were its were, as above its Monarchical senses. as above In the times of original inexperience
and simplicity all the authorities in the State were
in the supreme state grade exercised by one hand. The By degrees,
the judicial authority — the Monarch not having time for the
exercise of it — was transferred to subordinate hands . Name of this functionary
in England, the Grand
Judiciary.
In respect of its active exercise The judicial authority then passed into the hands
In England originally, and before the
Chancellor took upon him the exercise of the in the judicial
authority the Grand judiciary. But his residence was the
same as that of the Monarch: to wit the Court in its thing
regarding sense: and wherever and whenever the Monarch
travelled, as for a great part of his time he commonly did, with him
travelled the Judges, and what was called Justice.

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7 Court the region of
favour in contradistinction
to justice

7. The A Court is the region of favour: of favour in contradistinction
to Justice. A Monarch is above justice. From
his will it is, as from its source that what in a Monarchy is called justice emanates. [+]1
[+]1 on that same will
depends the nature of
it: the purport
and tenor of the words by
which, on each occasion,
it stands expressed.
Witness the maxim, not
quod principi placuit legis habit vigorim . . a maxim in every
only acted upon but avowed so to be, in the English Monarchy
pure Monarchy not only acted upon but avowed: in the English Monarchy
avowed sometimes avowed sometimes disavowed but at all
sometimes avowed sometimes disavowed: but by all
times acted upon: — quod principe placuit legis habit vigorim
more or less acted upon even when disavowed. [.]

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8 Monarchy essentially
irresponsible

8 The Monarch, at any rate, is essentially
and avowedly irresponsible,
and whosoever is irresponsible
has thereby power to do
every thing which
in every one else is unjust
and but for such irresponsibility
would be so in him
likewise.

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9 Employ the same word
for a Justice Chamber and
a monarch — as well
might you for justice
& injustice

9. Employ the same word in giving denomination
to a Justice Chamber and a P to a Judge and a Monarch
—, as well might you employ the same word in p denomination
to justice and injustice; — or non guiltiness and guiltiness — to truth and veracity
and mendacity — to truth and
falshood.

Identifier: | JB/042/197/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1827-05-07	Marginal Summary Numbering	12-16
Box	042	Main Headings	constitutional code
Folio number	197	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d4 / e4
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1826
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1826
Notes public	"copd"	ID Number	13120
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