JB/034/134/001

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1823. August 30

Constitutional Code. III Rationale
Ch. Quasi Jury
the whole field

The first deficiency in the result of simplist: the order, of .

Note contained
10. Cause II. Gap in
the evidence collecting
system by exclusion of
litigants evidence testimony

2. Our the other great gap had for its cause has intimately
concealed features of deficiency, the exclusion of the parties from the theatre
of justice, and the want of power inability of a party in each either ad
either to furnish his own relation evidence testimony in of his own demand,
or to call upon the other party for hi

11
11 Cause of this gap
Norman bred Lawyers artifice
In Saxon times and
long after sole judication
local : and in each
the form popular. Judges
will freeman: President alone
(Sheriff of County Bailif
of Mines,) Location of
King or Aristocrat.
in his power

These deficiencies were had for the efficient cause predatory their engine in the artifices
of the Lawyer bribe, Judges and other lawyers. In the French law and for a
lay law afterwards, the cast of the Jury system was altogether popular The
location of the King provided, but the Judges ever all even who were
not in a state of starving. All being In a judicial assembly in what If all taken all imperative
were present so of course would be all parties. In so far as in his power Each
would be eager to tell state his own story case each would be no less
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Present all persons, so
all parties. Each of
course allowed, each
naturally eager to relate
for himself every thing
in his own favour; to
extract every thing of
that tendency from the
other.
cages to extract matter of the later tendency from his adversary,
In this way the same making that given ennum to a suit,
would commonly give termination to it. So it is toat this day in
those judications which in some places have been suposed to come into are permitted to have existence for the
reasons of small small debts. too and in those days scarcely
were the any suitscauses know that would not a days be
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They own a Small
Debt causes the only
causes allowed to the
few Small debt Judicatories.
Then all causes
were comparatively small
regarded as small debt causes. That exped Any such
a state of things was too favourable a justice to be endured by lawyers

In those days the judical districts were small and in the same
proportion numerous. After the Norman Conquest Judicatives
Bankers of Judges were established of them having a certain
14
After Norman Conquest
King set up Judicatories
with authority co-extinct
with his arm: time of separation
logical: viz into
Penal, Civil, and Tenement.
purposes juridiction over the whole kingdom. The whole kingdom
was in the way conted into a vast judicial distant.
the communicatives at the same time difficult to a degree apparent
not easily imagined: and which by the barbar of the time insecurity
was added to difficulty. Under these circumstances In this state of things few but would

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Communication so deficient
tedious and dangerous
most men were eager so
be permitted to attend by
Substitution Have conducting
Attornies and Serjeants with the sharing in sinister interest with King's Judges.
find this in being permitted to and placed
by deputy. Under the deput Attorney, and Serjeants A set of professional lawyers were thus formed who become
in the member interests of the Judges by who the system of prudence
was framed: and it was out of the Order of Serjeant so the spoiling class was turned that ever was taken to fill
the judicial branches.

Identifier: | JB/034/134/001"JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-08-30	Marginal Summary Numbering	10-15
Box	034	Main Headings	constitutional code
Folio number	134	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1822
Marginals	jeremy bentham	Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1822
Notes public		ID Number	10408
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