★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
2o
Ch. IX Ministers}
Ch. XII Judiciary }collectively
(2) (9 §.5. Number in}an Office a Judicatory
22
Art. 22. As to the H. of
Lords — being a branch of
the supreme authority
one case there is, in
which necessity pleads
for its being a part at
least in judicatories
viz the case when of
criminal individual
on the part of the highest
ordinary Judge.
Notwithstanding Meantime all this, in these same suits
the judicature of a single Judge is not preferable to the
judicature of four Judges sitting together: for of all the
Equity suits of which the Lord High Chancellor in his
character of Equity Judge High Court of Chancery has cognizance, four other
Judges sitting together in the judicatory called the Court of
Exchequer has cognizance.
23
Art. 23. But for ratifying
honest errors
no other imaginable Judicatory
can be so unfit.
1. Members the vast majority
ignorant of the
Law, destitute of appropriate
2
knowledge.
2. Destitute of judicial
aptitude by indolence
and carelessness, the
necessary concomitant
of piecemeal .
3. Thence also, destitute
of appropriate active
aptitude
4. By extensiveness
of private connection,
preeminently exposed
to corrupt partiality
24
Art. 24. Obligation of attendance
none, those alone
attend who are
brought thither by the
influence of some particular
and sinister
interest
26
Art. 26. Instead of being confined to
the above extraordinary case, there is not
a case in in non penal matters
that may not be brought before it, if
the party who loses in the most subordinate
judicatory has ability and
will to bear the expence
27
Art. 27. To crown the absurdity
the Chancellor has the direction of
this judicatory, of which the pr
chief occupation is the putting
sitting in judgment on his decisions:
a compleat machine
of justice
28
Art. 28 For proof of the utter unprincipledness,
and inconsistency as to their practice and inaptitude
and consequent inaptitude
of the practice that any further detail
is needless: and the excessive complicatedness
of the machinery renders
it impracticable.
29
Art. 29. Think if four Judges in
the Kings Bench taking cognizance
of a hodge-podge of civil and pursuit:
for a Common Place, if a
scrap of a hodge podge of civil suits
of another scrap of another
hodge podge.
30
Art. 30. For the most highly paid
suit, a single Judge with a
Jury sufficient every where but
in the Metropolis: necessary
then a Judicatory composed
in addition to the Jury of a mixture of Lawyer Judges
and Non Lawyer Judges, but
in variable numbers, attendance
of or non attendance governed most
in all but one by individual
convenience as in the House of
Lords.
31
Art. 31. Think then of the Justice
of Peace Judicature. The judicature Number of Seats
in the case of in some cases, one
in others two or a greater number
as it may happen as in the Petty
Sessions: then partly for immediate
cognizance partly for Appeal, in
Quarter Sessions no contracted number, in all these Judicatories, the Judges acting under the corruption produced by
other powers incompatible with the
Judicial [+]
[+] judicial, and by sinister interests of all
sorts which the power enables them to permitt
The eye loses itself in the labyrinth constituted in the chaos.
Identifier: | JB/042/255/001 "JB/" can not be assigned to a declared number type with value 42.
|
|||
---|---|---|---|
1825-11-08 |
22-24, 28-29, 26, 30-31, 27 |
||
042 |
constitutional code |
||
255 |
constitutional code |
||
001 |
|||
text sheet |
1 |
||
recto |
c2 / e9 |
||
jeremy bentham |
j whatman turkey mill 1824 |
||
admiral pavel chichagov |
|||
1824 |
|||
13178 |
|||