JB/106/365/001

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1823. Feby. 27.
Greece. J.B's Observations on particular Articles.

The boundaries, and thence the contents, of the several fields
of jurisdiction being thus settled, now as to the efficient
causes of placement and displacement of location and dislocation
– as well as the number of the functionaries,
by whom the judicial situations in those several fields
of jurisdiction shall be occupied.

1. As to number. In each judicatory one Judge
and no more. Reason 1st. Responsibility thus alone entire:
not fractionalized and thus dissipated, Reason 2d. appropriate
moral aptitude thus maximized. Reason 2d. Expence
minimized. In England, there are single seated
judicatories, there are four seated judicatories, and there
are many seated judicatories. Those in which, all circumstances
taken together, the business is regarded as
being of the highest importance, are of the single-seated
class. Where there have been & are two judicatories of concurrent
jurisdiction, one a single-seated judicatory, the
Chancery, – the other a fur-seated judicatory, the Court
of Exchequer – the single-seated judicatory, notwithstanding
the two or three stages of appeal crowded into it, has at all
times received much more business than the four-seated
one, the Court of Exchequer. The judicatory in which,
at all times, the greatest liberties have been taken with
the most obvious and indisputable rules of justice, is
that of the twelve great judges, composed of the population
of the three great Westminster Hall Courts.
Not one of these functionaries would, in any single-seated
judicatory, have dared to deliver any such decisions
as are so many of those in which all have joined, screened
from the public eye by a concealment, silence, and
the delusive trappings of himself with which he and his associates are bedecked.
In Scotland, when there were fifteen of them sitting together
in the highest judicatory, it was still worse. In
a word, the probability of good judicature is everywhere
not directly, but inversely, as the number of the Judges.
Few moral rules have ever received so full a proof
from experience.
In

Identifier: | JB/106/365/001"JB/" can not be assigned to a declared number type with value 106.
Date_1	1823-02-27	Marginal Summary Numbering
Box	106	Main Headings	constitutional code
Folio number	365	Info in main headings field	greece jb's observations on particular articles
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c5 / e30 / f39
Penner	john flowerdew colls	Watermarks	c wilmott 1819
Marginals		Paper Producer	andreas louriottis
Corrections	cc1	Paper Produced in Year	1819
Notes public		ID Number	34953
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