JB/042/261/001

Click Here To Edit

1831 July 3 J
Constitutional Code ++

Note (6)
Ch. XII. Judiciary collectively
§.3. Judicial functionaries
§.5. Number in a Judicatory

6

☞ Copied and Copy
corrected
J. B.

13

Art. 13. By a Instructional Exemplificative

Note (b)

(b) 1 Art. 14. Under matchless Constitution Look more to
matchless Constitution. Four Judges, paid to do
for doing badly what would be done as that which which (as
has been seen above) would be done much less badly by
one: the expence to the public consequently thus far quadruple.

2. Of course This observation applies solely to that part of the business of which
which is exclusively of exclusive of that which is called the trial, and except and which if the ends of
justice were the objects, would not be done at all.

3. Portions of the business, in which this waste of dearly paid
labour has no place are — 1. the business called the trial:
in which the elicitation of evidence is performed in the best
mode. 2. that part, which is called the chamber business
and which is carried on — the whole of it — under a veil of
secrecy: no parties being present, but the other than the
the parties professional lawyers — men whose interest it is that the of p
should be in as high a degree as possible contravened — expence, delay and
vexation maximized.

4. Here then on the part of the law, added to the imputation reproach of inaptitude is
that of inconsistency: the business mode of performing the
business in full Court — all four Judges present — not justifiable
but the mode of doing it in at Chambers must be
continued: the mode of doing the business at Chambers not
b justifiable, but the mode of doing it in Court must be condemned.

5. Four is the number of these Judicatories. Then three
the number of those the instances in which the superfactition just described
has place.

6. Peculiar to those judicatories, are need by which the species of pseudonomics — of sham-
and Judge-made law stiled Common Law in contradistinction
to Equity is administered is this quadruplicity thus preferred and
substituted to unity: no where Equity is the name of in
no instance in which Equity is the name of the doing which is
administered
administered has it
place: not in either of
any one of the three superadded
superior Judicatories, so strongly
piled, each one above another
stiled the Master of the Rolls: Court, the Vice-Chancellor's Court, and the Lord High Chancellor's Court: nor yet in any one of those subordinate inferior Judicatories in
which
the Judge is stiled a Master in Chancery.

Identifier: | JB/042/261/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1831-07-03	Marginal Summary Numbering	13
Box	042	Main Headings	constitutional code
Folio number	261	Info in main headings field	constitutional code
Image	001	Titles	note (b)
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e6
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public	"copied and copy corrected jb"	ID Number	13184
Box Contents