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By Laws of general concernment I mean such Laws as
that concern the greater part of the people persons
within the Laws + + v. Nova Deficienda
II. of their Jurisdiction.
By Laws of special concernment, such as
concern persons of such particular denominations
as do not include the greater part of
the people persons within the Laws of their Jurisdiction.
NOTE A Jurisdiction may be limited 1st by In respect of the place
2. In respect of the person 3d. In respect of the
causes.
A Code where reduced to it's maximum of simplicity,
(that is when the obligation of the
Substantive Laws in it is confined to persons
of one + + a single [capacity] denomination) a concern still is still the concern of at least the
following different classes || || characters at least of persons: or in
other words the persons of those different classes may each be
considerd as the persons ad quos the Code is
adressed. 1st The persons in quos as they
may be stiled, or the persons 1. on whom the
When a Law gives
powers, the people
at large are thereby
implicitly made the
persons in quos interested
to the extent
of those powers
obligation is imposed: the persons compulsively concerned. 2 dly The persons pro quebus,
beneficially interested or those for whose benefit the obligation
was imposed: the persons beneficially concerned. 3dly The persons ex actidone petitione
or those by whose activity the obligation suit or request
quorum
is to be enforced upon non-compliance the Penalty/consequences annexed to the obligation are to be inflicted
upon non-conformists observants 54.th The persons
ex narratione2 quorum 1, upon whose testimony of the non-observance
the to be inflicted such consequences to take place 5th The Witness The persons
ex sententia 2 quorum 1 from whose sentence
such consequences are to ensue: 6. The persons
per manus 2 quorum 1 by whose hands or instrumentality
(taking their directions from the persons
last mentioned) the such consequences are to take place.
That is in shorter or more familiar expressions,
(now that their relations the relations which they stand in to each other and to the
Law have been || || exhibited [brought more conspicuously into
view]) 1st The parties. + burthen'd + burthen'd obliged 2d The parties
favoured. 3. The Prosecutor or Plff. 4. The Witnesses
NOTE. He is stiled in our Law the Prosecutor when the mode of proceeding
is by what is called Indictment or Information, & the King
stands as nominal Plff. Plff. when then procedure is by
any other mode.
or Evidence. 5. The Magistrates. 6 the
Ministerial Officers.
These persons or rather I might have said, these characters: for
instances there are, in which it has been found
necessary, or thought expedient, to form combinations
of different characters in the same person.
These of the party favoured & the ptff or
Prosecutor commonly unite. 1 The party favoured.
2. The Prosecutor of Ptff. (the Actor as we will call
him after the Civil Law to save repetitions)
3. The Witness, and to certain intents; the Ministerial
Officer are conjoined in some instances,
as in those of the Laws against the higher orders
The Actor & the Officer
in some instances
as in those where
The party favoured the
Actor and the Judge
in the instance of
Breach of Privilege
1 The Actor, 2 the witness 3d the Judge & perhaps for 4 The
Officer) in others + + this the Judge
to see with his own
eyes than with the
eyes of others. as in those of the Laws where
what condition on View the Magistrate is allowed empowered to convict on his own view. — The Party
burthen'd and the Witness, in all cases of a
confession — The Party favoured and the Witness
in the Laws which give the Action of Hue & Cry
to recover the damages of a Robbery against
the County; and under that part of the Common Law
which respects the recovery of Damages for goods lost or damaged
by a Carrier: that is so far as to ascertain
the value.
In the above list I have mentioned as distinct
those characters which are distinguished allotted to distinct
persons under the Laws of every civilized
nation. The 2 last of them are branched
out again into a multitude of different characters
bestowd upon persons of different denominations
& that variously in different countries. we have,
distinguished by different denominations, Judges
original, & Judges of Appeal. And again of Judges
Original, persons again appointed under different
denominations for different stops or stages in the same
cause + + procedure as likewise of Magisterial Officers.
[COMPOS] Di — —
INTRODUCTION
Different persons concerned. ([LIII])
[][1][ ]
In quos, proquibos &c Party bound, favoured
&c
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