★ 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
1829. Jany.
Petition for Justice
1. Case
XIII. Jurisdiction split
61.
Unpleasant to a dishonest
man to part
with another man's
money. This considering,
Common Law
will not suffer him
to be asked about it.
Equity, will. But, instead
of minutes and
shillings, it spends upon
it years and pounds
by hundreds or thousands,
divided among
Judge and Co.
62
Allotment of time
enough for elicitation
of evidence.
Averse to such apt
adjustment, Judge &
Co. – Delay and precipitation
turned
to account, as above.
63.
Of oral evidence, the
less the better: it yields
no fees. Written pleadings
do.
64.
Equity supplies the
deficiency: but here
too substitutes years
to minutes: pounds
by hundreds or thousands,
to 0.
---page break---
65.
To the profits of Equity's
elicitation of
Evidence from parties,
the mendacity-compulsion
makes
notable addition:
compelling it where
Roman Law will not
compel it, or suffer it.
Without charge, no
interrogatory.
66.
Quoth Judge to
Plaintiffs, God's Court
this is: but he will
answer for the lie
and perjury; not you.
I have uttered thousands,
or I should
not be where I am.
Look, I am not the
worse for it. Such
his Lordship's injunctions
in unlearned
Language.
67.
11. Elicitation and
recordation for eventual
use without
suit.
On whatever occasion
from whatever
source, evidence obtainable
today may
not be tomorrow:
From men blind
to immediately passing
exigencies, provision
for futurity
not expectable.
---page break---
68.
For ies and immaterial
or irrelevant
truth, clerk
power originally
and still – for the
ground of decision,
(evidence) not.
69.
For the judgment
yes: Record production
yielding fees:
for the grounds of
it, not. Example
murder: even
mention of it is
not on the record.
Identifier: | JB/081/056/001 "JB/" can not be assigned to a declared number type with value 81.
|
|||
---|---|---|---|
1829-01 |
61-69 |
||
081 |
petition for justice |
||
056 |
petition for justice |
||
001 |
|||
marginal summary sheet |
1 |
||
recto |
e4 |
||
john flowerdew colls |
|||
25843 |
|||