JB/031/119/001

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1828 Septr. 7
Blackstone

This sadly weak conceit of pay employing perjury in preference
to cross-examination is not altogether peculiar to England.
It is adopted has place under the Roman Law: and if should a purge of the sort
be preferred by you to any you could have from the Apothecary
learned person Doctors are not wanting, who having derived obtained from the
Archbishop of Canterbury the power, would have no objection to
the administering it. But under the Roman Law a single person
taking the purge is sufficient suffices. Roman Law having no Jury
no twelve other persons are called in, to join in taking it.

Sooner or later, the eyes of learned Judges and head Gentlemen
were opened. Whatever other advantages this quasi-medical
course may have been afforded with, one disadvantage it
was attended with, and that was – cutting short al stopping up too early
a period, the path which had been slowed by them with fees.
The purge swallowed, there was an end of the suit: no
examination and cross examination of evidence – no argument before
Judge and Jury: no subsequent argument before a Judge, to
engage him to set at nought the verdict of the Jury, by feeling
that this or that word had been spelt with every hope.
In taking out execution for the benefit of those less learned
gentlemen, who are to the more learned what the is to
the royal King of : no argument preceded by
word, in the question whether in the performance of the execution
all formalities had been observed.

Thus it was that in process of time, the of each this mode of proceeding
was found not so productive as all the others were. What was to be
done. An unlearned man would have said give you the formality
and let the action for the be carried on as money is for the debt
or in short as any other action. No, this would not do: how
. Learned Judges could as you administer justice
without a lie in their mouths then for gentlemen could
dance without a in the cause of the : a lie
must be imposed, or justice can not be done. Be the thing what it may Plaintiff must
that the Defendant had found it: when perhaps the Plaintiff himself had been
unfortunate enough to deliver
it to him and him
with it. This he told, so
far as everything was (as
Blackstone says) was as it
should be. Your saying
that Cupidus had found the
of the witnesses to be satisfaction of the Jury proved that you had delivered it to him, , each direction of learned Judge would give to you what money they pleased;
and, to Cupidus, the horse.

Identifier: | JB/031/119/001"JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-09-07	Marginal Summary Numbering	not numbered
Box	031	Main Headings	civil code
Folio number	119	Info in main headings field	blackstone
Image	001	Titles	note (a)
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c10 / c3
Penner	jeremy bentham	Watermarks
Marginals	richard doane	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9805
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