JB/058/242/001

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22 Mar. 1805
Evidence

In the bosom of a family An article of food, of cloathing, an instrument employed in
labour – being in the possession of one brother is laid claim to claimed by another:
who refuses the possessor refuses refusing to give it up, their common
father is applied to, he say who shall have it. The father calls them
both into his presence – each tells his story states his case: but each being partial
to himself neither of himself tells brings forward any more of it than suits
the purpose of his claim. But what each if left to himself would
have kept back, each finds himself obliged to bring forward by the
questions put to him by for that purpose by the other: to those questions
neither dares ventures to refuse an answer, each seeing foreseeing that by
common superior upon whose will the allowance or disallowance of the
claim depends, that by this common superior, consciousness of wrong
would be the inference drawn from silence. The disputed article of subject of the dispute is
allotted adjudged by the father to the complaining child, plaintiff, or to the defendant, or to the child complained
against, as he sees fit. In this representation Here we have the model germ sediment and
the exemplification of judicature, and of judicial procedure in causes of a non-penal nature.

Why I found some berries on yonder bush: I was eating
gathering them and eating them when my Brother came up, and
in a line of anger called to commanded me to be gone bid me case gathering. I would have shared
them with him but that would not satisfy him: he said he had
discovered the tree them he said before I had and they were his. finding Finding his
anger ineffectual me unmoved, he fell upon me, struck me, and reduced me to the
condition in which you see. me. Make him suffer, as he has made
me suffer, or the he will be continually the continue thus repeating the ill usage, and
I shall never be at peace. The father calls them together before him
as before, hears what each has to say for himself, what each thinks is forced to
say by the questions put to him by the other: and punishes or forbears to
punish as he sees fit. Here we have the germ of penal judicature, of judicial
procedure in causes of a penal nature, and in that form of penal
procedure, which among the German lawyers is distinguished by the name of
accusatorial.

Identifier: | JB/058/242/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-03-22	Marginal Summary Numbering	3-4
Box	058	Main Headings	evidence
Folio number	242	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	18911
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