★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
1828. Oct. 25.
Petition for Justice – Rudiments
1 Case
I. Grievance
II. Cause of it
III. Remedy
IV. History of the Cases.
I Grievance
II Cause of it
1.
Object of this Petition –
Justice accessible, universal,
real. p.1.
2.
I. Grievance. Justice denied to the
many: dearly sold to
the few. p.1.
3.
II. Cause of the grievance.
Judge self paid at the expence
of suitors. p.2.
4.
Thence the denial and
sale. p.2.
5.
Taxed the only persons
who should be excepted. p.2.
6.
What if, without salary,
Army was allowed
to pay themselves
at the expense of the
sufferers from wounds? p.3.
7.
For ship money, a
Hampden for Justice
money none. p.3.
8.
Much worse are the
law taxes imposed
by Judges, than the
do. taken off by Ministers. p.3.
9.
Courage enough had
the Finance Minister
to take off taxes imposed
by his predecessor:
not do. those imposed
by Judges. To harden
them up to this, required
aid such
as this. p.3.
---page break---
III. Remedy
10.
III. Remedy.
Substitution of salary
to fees is not near enough:
all it would do
is to stop the increase
of the grievance. p.4.
11.
Remains the system
produced by the original
disastrous state of
things. p.4.
12
To this system must
be substituted one
pursuing the opposite
ends by appropriate
means. p.4.
13.
Ends of Justice what. p.6.
14.
Ends of Judicature, what. p.6.
15.
Result of the existing
system
interest placed in opposition
to appropriate
duty: to the interest of
all in respect of the
ends of justice, the opposite
ends of judicature
substituted. p.
No addition to comfort
but by multiplication
or torments.
16.
Abolished must be the
system composed of
arrangements calculated
employed as means
of compassing the ends
of judicature. System
the technical. p.5.
17.
This done, remains to
be established a system
composed of arrangement
calculated
to operate as means of
compassing the ends
of justice. System, the
natural. p.5.
---page break---
III. Remedy
IV. History of the Cause.
18.
Natural System,
the domestic: it's arrangement
there employed
in giving execution
and effect to
the regulations and
orders of a private
family.
Made of
the same.
19.
Sole addition requisite
for obtaining evidence,
and making execution
and communication
for both purposes is
power added and extended
– as to 1. persons –
2. things – 3. places – 4.
times, quantum of
means of punishment:
viz. punishment and
reward.
20.
IV. History.
Necessary to this is a
glance at antient times. p.7.
21.
Cause of this mode of
payment, necessity: of
the necessity, primeval
penury. King to Judges,
Pay yourselves.
22.
Employed for this purpose,
main arrangements – say Devices –
these –
I. Parties excluded.
II. Language unintelligible.
III. Written instruments
necessitated.
IV. Mendacity License
compelled, practised.
V. Oath necessitated.
VI. Delay established.
VII. Blind Fixation
VIII. Mechanical vice
Rational Judicature.
VIII. Jurisdiction split
IX. Juries subjugated.
IX. Decision not on the
merits.
X. Jurisdiction split.
XI. Juries Subjugated.
---page break---
Abridge Petition
Marginals
1
Cry for Justice as
per full length Petition.
2
Expence.
3.
Delay
4
Initiatory process, a
source of sure ruin
5
Cause of these Grievances,
Judges interest
opposed to
duty
6
Cause of the opposition,
payment
by fees
7 8
The lately effected
abolition of Judge
fees, not sufficient
without do. of Subordinates
do.
8
Hence ends of
judicature opposite
to do. of Justice.
9
Commenced at the
Norman Conquest
the devices for the
obtainment of fees.
|
Identifier: | JB/081/024/001 "JB/" can not be assigned to a declared number type with value 81.
|
|||
|---|---|---|---|
|
1828-10-25 |
1-22 |
||
|
081 |
petition for justice |
||
|
024 |
petition for justice - rudiments |
||
|
001 |
|||
|
marginal summary sheet |
1 |
||
|
recto |
d1 / e1 |
||
|
john flowerdew colls |
b&m 1828 |
||
|
arthur moore; richard doane |
|||
|
1828 |
|||
|
25811 |
|||