JB/034/142/001

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1823. SeptR 4

Constitutional Code III. Rationale
Aptitude Obs
§.1. Adoptive features

54
Cause why this shape
of evidence became almost exclusively
connected
Jury admitting
procedure. Even antecedently
to its establishment:
viz. in saxon times the judicatory
was popular: members
of it all the freemen of
the district: president
alone (Sheriph or Bailiff)
nominum od Monarch,
or Sub-Monarch Baron

At the time when the course of procedure with Juries
in it was settled and had assumed its form, scribes for the purpose
were wanting because the money to pay them had not yet
come into existence. money to enough to pay the scribes was
as yet wanting, so accordingly were the scribes. As yet Judges
were unable to receive evidence in any other than the most
apt shapes. But as the money came things were set to rights
by the written compounds of falshood and nonsense which under the
name of pleadings thfound the parties were forced to utter
and to pay for before the Judges would suffer the matters to
come before Juries.

55
When this section of
the judicatory succeeded
to the nature, still there
being no money to Jury
Scribes, there were no
scribes.

In the sorts of Judicatories in which the Judges were Judge
Bench was not encumbered loaded with any such appendage encumbrance as a Jurybox,
Judges found themselves in this respect at their case
With this tt was a fundamental rule that by the Judges
Judge or Judges by whom the ultimate decision in the case suit
was pronounced the

56
As the money came
in scribes leagued in sinister
interest with the
Judges come in. Under
the name of pleading
compounds of
absurdity aand ful

and in falshood which as such
was not admitted as
evidence, and written by
scribesin the name of the parties
with their evidence
been for this purpose
excluded.

If in the presence of each other and at the same time
in presence of the Judge or Judges by whom the fate of the suit
was to be decided the parties were heard in the first instance
the suit would in a great majority of cases be decide finished
in the cases who that same setting: But in this case
there would be and in the other cases the speediest of nation
which the nature of the case admitted of would be brought to [+]The parties being almost
unless by accident the
individuals by whom
the facts in the case were
in the largest proportion
known and in many
cases the only individuals
by whom many of these
facts were known
view by the exposition of the several facts be brought to view
But in this case such a state of things there would be no the pretence for official
and professional depredation extortion would have no place. In case
of a dispute where property was inthe subject of disput about property at became therefore a fundamental
maxim that, into in the presence of the Judge or Judges on whose decision
the ultimate fate of the suit depended at on no occasionno time were the parties
to be suffered to meet in the presence of the Judge: for as to the settling
what compensation retribution the Judge should receive for the service looked for as this
hand. this was a matter much more commodiously settled by him with
each or either separately these by both together.

57
Why excluded? Excuses
in most cases had
this been admitted, this
would have been nothing to
do fir these scribes, and
the business would have
been settles at a single

57. Hence the rule. Into the presence of the Jude by whom the facts of the suit is to be determined, never let the parties in presence of each other, and the public be admitted. Note as
to settling compensation the Judge for his service, separate inter in private was convenient .|

Identifier: | JB/034/142/001"JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-09-04	Marginal Summary Numbering	54-57
Box	034	Main Headings	constitutional code
Folio number	142	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c5 / c2 / d16 / e5
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	10416
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