★ 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
15 Feby 1808
English judicature it may be observed and perhaps objected
presents affords an instance of a Court in which if two causes of the exactly the
same description in every point, but decision in one shall
be subject to appeal, the other not: and thence, taking it each
in the whole of its course, one shall have three stages to run
through, the other but three.
This Court is the High Court of Chancery, in which if
the cause is set down to be heard by the Master of the
Rolls, Appeal lies from him his decree to that of the Chancellor,
and from the Chancellor to the House of Lords: where
number of stages three, whereas the same cause if set down
for hearing before the Chancellor, goes from him in case of
appeal immediately to the House of Lords: number of stages
here but two, whether the bidder shall have three steps
belonging to it in it or but two depends in this case – not upon any Judge – but upon a party
even the plff that is,
if groomed directed guided by his attorney
as a non lawyer in
his blindness naturally
will be, upon the
Attorney.
But with in this diversification – with this
– with this inconsistency – human reason, looking to the
ends of justice has nothing to do: bears no part: had no share: accident at the best,
fraud though was undiscoverable not improbably determined
in this as in so many other instances, the destiny of suitors.
Of The Master of the Rolls, the office his name imparts, was not
in its origin a judicial office. His business was to
keep parchments: to take care that they should not be stolen
or destroyed, or the scribble they were scrawled with
rendered by falsification more unintelligible than or more or less adverse to justice
than it was designed to be. The qualified qualities looked
for on the part of this low office were no others than a labouring
man looks for and commonly finds in his dog: the business of
the dog is to sit upon his Masters coat while he is at work, that
no thief may run away with it: the business of the Master of the Rolls
to sit by and guard preserve
against a different class
of thieves imitations those
pretious parchments.
Identifier: | JB/091/230/001 "JB/" can not be assigned to a declared number type with value 91.
|
|||
---|---|---|---|
1808-02-15 |
|||
091 |
scotch reform |
||
230 |
|||
001 |
|||
text sheet |
1 |
||
recto |
c7 / d24 / e21 |
||
jeremy bentham |
th 1806 |
||
andre morellet |
|||
1806 |
|||
29226 |
|||