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1825. Decr 12
<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/>
alone extraordinary
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 unprincipledness
<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 COnts
<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 mixture.
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 JUdges, both in
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/>
Indicatories. Number
the Justice of Peace<lb/>
of seats in some cases
Judicatories. Number<lb/>
one, in otherstwo, or
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 sinster
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. Unavoidable
<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>5. Number in a Judicatory not now than on <pb/>
<p>S.5. Number <add>in a Judicatory</add> not now than <add>one</add></p> <pb/>




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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.

Date_1

1826-12-12

Marginal Summary Numbering

23-31

Box

042

Main Headings

constitutional code

Folio number

139

Info in main headings field

constitutional code

Image

001

Titles

Category

marginal summary sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

e3

Penner

john flowerdew colls

Watermarks

j whatman turkey mill 1824

Marginals

Paper Producer

admiral pavel chichagov

Corrections

jeremy bentham

Paper Produced in Year

1824

Notes public

[[notes_public::"relates to judges only: not to minister" [note in bentham's hand]]]

ID Number

13062

Box Contents

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