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1825. | <p>1825. Dec<hi rend="superscript">r</hi> 12</p> | ||
Constitutional Code | <p>Constitutional Code.</p> | ||
Ch. XII | <p>Ch. XII</p> | ||
S.5. Number | <p>S.5. Number</p> | ||
S.5. Anglici | <p>S.5. Anglici</p> | ||
VII..4 | <p><!-- In pencil -->VII..4</p> | ||
23 An | <p>23 An</p> | ||
Art. Bad for rectifying honest errors, | <p>Art.23 Bad for rectifying <lb/> | ||
no other imaginable | honest errors,<lb/> | ||
Judicatory can be so | no other imaginable<lb/> | ||
unfit. | Judicatory can be so<lb/> | ||
1. Members the vast | unfit.</p> | ||
majority ignorant of | <p>1. Members the vast <lb/> | ||
the Law, destitute of | majority ignorant of<lb/> | ||
appropriate knowledge. | the Law, destitute of<lb/> | ||
2. Destitute of judicial | appropriate knowledge.</p> | ||
aptitude by indolence | <p>2. Destitute of judicial<lb/> | ||
and carelessness, the | aptitude by indolence<lb/> | ||
necessary concomitant | and carelessness, the<lb/> | ||
of preeminent opulence. | necessary concomitant<lb/> | ||
3. Thence also destitute | of preeminent opulence.</p> | ||
of appropriate active | <p>3. Thence also destitute<lb/> | ||
aptitude. | of appropriate active<lb/> | ||
4. By extensiveness | aptitude.</p> | ||
of private connection | <p>4. By extensiveness<lb/> | ||
preeminently exposed | of private connection<lb/> | ||
to corrupt partiality. | preeminently exposed<lb/> | ||
VII.5 | to corrupt partiality.</p> | ||
24. | <p><!-- In pencil -->VII.5</p> | ||
Art 24. Obligation of | <p>24.</p> | ||
attendance none: | <p>Art 24. Obligation of<lb/> | ||
those alone attend who | attendance none:<lb/> | ||
are brought thither | those alone attend who<lb/> | ||
by the influence of | are brought thither<lb/> | ||
some particular and | by the influence of<lb/> | ||
sinister interest. | some particular and<lb/> | ||
VII.7 | sinister interest.</p> | ||
25. | <p><!-- In pencil -->VII.7</p> | ||
Art 25. Instead of being | <p>25.</p> | ||
confined to the | <p>Art 25. Instead of being<lb/> | ||
confined to the<lb/> | |||
case, there is not a | above extraordinary<lb/> | ||
case or in | case, there is not a<lb/> | ||
non-penal matter that | case or in<lb/> | ||
may not be brought | non-penal matter that<lb/> | ||
before it, if the party | may not be brought<lb/> | ||
who loses in the next | before it, if the party<lb/> | ||
subordinate Judicatory | who loses in the next<lb/> | ||
has ability and | subordinate Judicatory<lb/> | ||
will to bear the | has ability and<lb/> | ||
expense.<pb/> | will to bear the<lb/> | ||
expense.</p><pb/> | |||
S.5 Number | <p>Ch.XII</p> | ||
S.5. Anglici | <p>S.5. Number</p> | ||
VII.8 | <p>S.5. Anglici</p> | ||
26. | <p><!-- In pencil -->VII.8</p> | ||
Art. 26. To crown the | <p>26.</p> | ||
absurdity, the Chancellor | <p>Art. 26. To crown the<lb/> | ||
has the direction of this | absurdity, the Chancellor<lb/> | ||
Judicatory of which the | has the direction of this<lb/> | ||
chief occupation is the | Judicatory of which the<lb/> | ||
sitting in judgement | chief occupation is the<lb/> | ||
on his decisions: a | sitting in judgement<lb/> | ||
complete mockery of | on his decisions: a<lb/> | ||
justice. | complete mockery of<lb/> | ||
VII.9 | justice.</p> | ||
27. | <p><!-- In pencil -->VII.9.</p> | ||
Art 27. For proof of the | <p>27.</p> | ||
utter | <p>Art 27. For proof of the<lb/> | ||
and inconsistency as | utter unprinciple<add>d</add>ness | ||
to this point, and consequent | and inconsistency as<lb/> | ||
inaptitude of | to this point, and consequent<lb/> | ||
the practice, any further | inaptitude of<lb/> | ||
detail is needless: and | the practice, any further<lb/> | ||
the excessive complicatedness | detail is needless: and<lb/> | ||
of the machinery | the excessive complicatedness<lb/> | ||
renders it impracticable. | of the machinery<lb/> | ||
VII 10 | renders it impracticable.</p> | ||
28. West in | <p><!-- In pencil -->VII 10</p> | ||
Art 28. Think of four | <p>28. West in Conts</p> | ||
Judges in the King's Bench | <p>Art 28. Think of four<lb/> | ||
taking cognizance of a | Judges in the King's Bench<lb/> | ||
hodge-podge mixture of civil and | taking cognizance of a<lb/> | ||
penal suits: for a Common | hodge-podge <add>mixture</add> of civil and<lb/> | ||
Pleas, of a scrap | penal suits: for a Common<lb/> | ||
of a hodge podge of Civil | Pleas, of a scrap<lb/> | ||
suits. Exchequer, of | of a hodge podge of Civil<lb/> | ||
another scrap of another | suits. Exchequer, of<lb/> | ||
hodge podge | another scrap of another<lb/> | ||
VIII.11 | hodge<add>mixture</add> podge.</p> | ||
29. | <p><!-- In pencil -->VIII.11</p> | ||
Art 29. For the most lengthy | <p>29.</p> | ||
penal suits, a single | <p>Art 29. For the most lengthy<lb/> | ||
Judge, with a Jury sufficient | penal suits, a single<lb/> | ||
every where but in | Judge, with a Jury sufficient<lb/> | ||
the Metropolis: necessary | every where but in<lb/> | ||
there, a Judicatory, composed, | the Metropolis: necessary<lb/> | ||
in addition to the | there, a Judicatory, composed,<lb/> | ||
Jury, of a mixture of | in addition to the<lb/> | ||
Lawyer Judges, and of Non- | Jury, of a mixture of<lb/> | ||
Lawyer | Lawyer Judges, and of Non-<lb/> | ||
variable members, attendance | Lawyer Judges, both in<lb/> | ||
of or non-attendance | variable members, attendance<lb/> | ||
governed in | of or non-attendance<lb/> | ||
all but one by individual | governed in<lb/> | ||
convenience as in the House of Lords.<pb/> | all but one by individual<lb/> | ||
convenience as in the House of Lords</p>.<pb/> | |||
Ch.XII | <p>Ch.XII</p> | ||
S.5 | <p><!-- In pencil -->(3</p> | ||
S.5 Anglici | <p>S.5</p> | ||
VII.11 | <p>S.5 Anglici</p> | ||
30 Just Peace londs | <p><!-- In pencil -->VII.11</p> | ||
Art 31. Think then of | <p>30 Just Peace londs</p> | ||
the Justice of Peace | <p>Art 31. Think then of<lb/> | ||
the Justice of Peace<lb/> | |||
of seats in some cases | Judicatories. Number<lb/> | ||
one, in | of seats in some cases<lb/> | ||
a greater number, as | one, in others two, or<lb/> | ||
it may happen, as in | a greater number, as<lb/> | ||
the Petty Sessions: this then | it may happen, as in<lb/> | ||
partly for immediate cognizance, | the Petty Sessions: this <add>then</add><lb/> | ||
partly for appeal | partly for immediate cognizance,<lb/> | ||
- in Quarter Sessions | partly for appeal<lb/> | ||
an unlimited number: | - in Quarter Sessions<lb/> | ||
in all the Judicatories, | an unlimited number:<lb/> | ||
the Judges acting | in all the Judicatories,<lb/> | ||
under the corruption | the Judges acting<lb/> | ||
produced by other parties | under the corruption<lb/> | ||
powers, incompatible | produced by other <del>parties</del><lb/> | ||
with the Judicial | powers, incompatible<lb/> | ||
Code. and by | with the Judicial<lb/> | ||
interest, of all sorts, | Code. and by sinister<lb/> | ||
which the power enables | interest, of all sorts,<lb/> | ||
them to promote | which the power enables<lb/> | ||
The eye loses itself | them to promote<lb/> | ||
in the labyrinth | The eye loses itself<lb/> | ||
by this chaos. | in the labyrinth<lb/> | ||
VIII.1 31. | by this chaos.</p> | ||
Art. 31. | <p><!-- In pencil -->VIII.1.</p> | ||
entangled with the | <p>31.</p> | ||
matter of the Procedure | <p>Art. 31. Unavoidably<lb/> | ||
Code is the discussion | entangled with the<lb/> | ||
on an this point: further | matter of the Procedure<lb/> | ||
it can not has | Code is the discussion<lb/> | ||
been brought to view.<pb/> | on an this point: further<lb/> | ||
it can not have <lb/> | |||
gone, till that has<lb/> | |||
been brought to view.</p><pb/> | |||
Ch.XII Judiciary Collectively | <p>Ch.XII Judiciary Collectively</p> | ||
S | <p>S.5. Number <add>in a Judicatory</add> not now than <add>one</add></p> <pb/> | ||
Line 162: | Line 167: | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
1825. Decr 12
Constitutional Code.
Ch. XII
S.5. Number
S.5. Anglici
VII..4
23 An
Art.23 Bad for rectifying
honest errors,
no other imaginable
Judicatory can be so
unfit.
1. Members the vast
majority ignorant of
the Law, destitute of
appropriate knowledge.
2. Destitute of judicial
aptitude by indolence
and carelessness, the
necessary concomitant
of preeminent opulence.
3. Thence also destitute
of appropriate active
aptitude.
4. By extensiveness
of private connection
preeminently exposed
to corrupt partiality.
VII.5
24.
Art 24. Obligation of
attendance none:
those alone attend who
are brought thither
by the influence of
some particular and
sinister interest.
VII.7
25.
Art 25. Instead of being
confined to the
above extraordinary
case, there is not a
case or in
non-penal matter that
may not be brought
before it, if the party
who loses in the next
subordinate Judicatory
has ability and
will to bear the
expense.
---page break---
Ch.XII
S.5. Number
S.5. Anglici
VII.8
26.
Art. 26. To crown the
absurdity, the Chancellor
has the direction of this
Judicatory of which the
chief occupation is the
sitting in judgement
on his decisions: a
complete mockery of
justice.
VII.9.
27.
Art 27. For proof of the
utter unprincipledness
and inconsistency as
to this point, and consequent
inaptitude of
the practice, any further
detail is needless: and
the excessive complicatedness
of the machinery
renders it impracticable.
VII 10
28. West in Conts
Art 28. Think of four
Judges in the King's Bench
taking cognizance of a
hodge-podge mixture of civil and
penal suits: for a Common
Pleas, of a scrap
of a hodge podge of Civil
suits. Exchequer, of
another scrap of another
hodgemixture podge.
VIII.11
29.
Art 29. For the most lengthy
penal suits, a single
Judge, with a Jury sufficient
every where but in
the Metropolis: necessary
there, a Judicatory, composed,
in addition to the
Jury, of a mixture of
Lawyer Judges, and of Non-
Lawyer Judges, both in
variable members, attendance
of or non-attendance
governed in
all but one by individual
convenience as in the House of Lords
.
---page break---
Ch.XII
(3
S.5
S.5 Anglici
VII.11
30 Just Peace londs
Art 31. Think then of
the Justice of Peace
Judicatories. Number
of seats in some cases
one, in others two, or
a greater number, as
it may happen, as in
the Petty Sessions: this then
partly for immediate cognizance,
partly for appeal
- in Quarter Sessions
an unlimited number:
in all the Judicatories,
the Judges acting
under the corruption
produced by other parties
powers, incompatible
with the Judicial
Code. and by sinister
interest, of all sorts,
which the power enables
them to promote
The eye loses itself
in the labyrinth
by this chaos.
VIII.1.
31.
Art. 31. Unavoidably
entangled with the
matter of the Procedure
Code is the discussion
on an this point: further
it can not have
gone, till that has
been brought to view.
---page break---
Ch.XII Judiciary Collectively
S.5. Number in a Judicatory not now than one
---page break---
Identifier: | JB/042/139/001"JB/" can not be assigned to a declared number type with value 42. |
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marginal summary sheet |
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recto |
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john flowerdew colls |
j whatman turkey mill 1824 |
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admiral pavel chichagov |
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1824 |
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[[notes_public::"relates to judges only: not to minister" [note in bentham's hand]]] |
13062 |
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