JB/057/260/001

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1826 May 12
Procedure Code

1 Preface or Introduction
Beginning
1

☞ State all the judicial offices
&c in the strongest term saying
nothing of the individual the rest of
individuals have not been charged with them &c

If the same or even less benefit
from bad procedure even given
to Judges &c under the name
of reward, everybody would cry
out.

How from want of interest
and knowledge the authority
given to Judges for legislation
failed of its effect.

1 How all the abuse grew out of the mode of payment
2 How a substitute to legislation grew out of judicature
3. Device employed for concealing the usurpation of the legislative authority
4. Concealment by hypocrisy

Preface or Introduction

§. 1. This the first system of procedure of which justice was the ob first object

Without much danger of errors the present
may be stated as being the very first system of judicial
procedure that ever had for its object or say
end-in-view the giving execution and effect given to the
system of substantive law or more shortly the end
of justice. T In regard to the substantive system In every country the system it
had of course for its end in view the particular end interest of
the men rulers in power whoever they were by whose power
alone execution and effect could in any degree be
given to it. In these one persons the whoever they
were they could not suffice for applying to individual
cases and individual persons and things such regulation
and institution as they took upon them to establish, ordain
it was therefore matter of necessity for them to delegate
that function to others in a word in a word to Judges to others who in virtue
of this delegation became Judges. But as the particular
interests of legislators gave rise to the system of legislation, so did the
particular interests of Judges give rise to j the system of
judicature. But when two different particular interests
and corresponding aptitudes even those both together brought into notice, both could not
receive compleat satisfaction; of the several objects of
general desire such the whole aggregate was coveted by
each and the whole could not be had by each: a an sort
an adjustment a partition in some proportion or other
was necessary. A partition was not only necessary to and
possible: a compromise was not possible. A compromise
supposes a mutual explanation: on the part of each party
a declaration and avowal of his pretension

But

Sinister interest expence
a necessary preliminary
viz. to take off the opposing
weight of authority:
for till this opposition is
removed there comes the
argument from the matchless
constitution intellectual
aptitude and the
aptitude of the
opposite

(In this , therefore
as language is to be

Rulers A&c
they may be called,

but without being legislators

By professional men
of high reputation
given the name the Clearing Judges
has been stand charged
with offences for which
but for the protective devices
from and
they might have been
any person at large
who might be men
of the law be
in
punishment to whipping
or transportation

Object —
manuscript

Identifier: | JB/057/260/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1826-05-12	Marginal Summary Numbering
Box	057	Main Headings	procedure code
Folio number	260	Info in main headings field	procedure code
Image	001	Titles	preface or introduction
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1824
Notes public		ID Number	18590
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