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 properties: members
of it all the fr of
the district: president
alone (Plst or Banlist)
nominum od Monarch,
or Sub-Monarch Baron

At the time when the course of procedure with Juries
in it was settled and had assured 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 in the many 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, share 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 their case
With this at was aforementioned rule that by the Judges
Judge is Judges by whom the abbed decision in the case suit
was pronounced the

56
As the money came
in scribes leaped in in sea
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 suits
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 tion
which the nature of the case admitted of would ne brought to
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<add>in</add>the subject of disput about property at became therefore a fundamental
maxim that, into in the presence of the Judge or Judges in whose decision
the ultimate fate of the suit depended at on no occasion as have 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.

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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