JB/058/202/001

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19 May 1805
Evidence

Note to p.1.

In whatsoever community Wheresoever expence to any a certain considerable amount is factitiously attached
as in indispensable a necessary condition to the faculty right of attaining the relief
from and of justice, justice is in effect denied refused to the great body of the
people: of the makers of wealth they have but a bare sufficiency for ordinary occasions purposes,
they have nothing at all for the extraordinary one.

Note 3(a) to p.1

Whether factitious reward shall recompence ought or shall not be attached
to labour bestowed in the exercise of a public function, depends
every where upon a variety of fleeting circumstances: it will depend upon the sufficiency
or insufficiency of the natural reward, if there be any, in
the situation in which a man is placed. Neither from the name In this respect be this head
of the function nor yet from nature of it, can any conclusive
indication be drawn deduced. In England, to the not to speak of
judicial offices of superior rank, to a judicial office of the same
rank, that of Justice of the Peace, no salary at all is annexed
in general, a liberal salary in certain situations, and in
neither instance without good reason. But the distinction has been
the result of mature experience and improved intelligence.

In the highest class of Judges – that which is composed of the members
of one of the branches of the highest supreme legislative body, no factitious recompence⊞ ⊞ in any shape, or at any
rate none in a pecuniary
shape, is attached to this
species of service. But it
follows not that the same
principle can be applied with
advantage to the intermediate stations.

In a rude age, wherever by institution or convenience a factitious recompence has
been attached to labour bestowed in the exercise of judicial power,
and at the same time that the faculty of giving encrease to the quantity
of that recompence has been lodged or left in the same hands, the
contravention of every one of those ends, the fabrication of a system
of procedure repugnant to every one of those ends, has been the
constant and necessary certain consequence.

Against a power thus irresistible, and always in activity constantly in exercise
to set any bounds to the encrease would in the best informed age state of the public mind
be supremely difficult, in a rude and not early inexperienced age, impossible.

Identifier: | JB/058/202/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-05-19	Marginal Summary Numbering	3a
Box	058	Main Headings	evidence
Folio number	202	Info in main headings field	evidence
Image	001	Titles	note to p. 1 / note 3(a) to p. 1
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1*
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18871
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