JB/004/376/002

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1
1831. Sept. 8.
On Brougham's swallowing up their two Honours

1.
Chancellor a Boa constrictor
stifling Vice-chancellor
and Master
of the Rolls. May this
be verified!

2.
Arrangement may
be approved; principle
disapproved.

3.
In Code IX, 3, single-seatedness
recommended
for Administration
Offices: principal
reason, responsibility.

4.
In Code XII, 5, additional
reason for
Judicial offices.

5.
To these reasons (see
post) are opposed Chancellor's
dictums as
per Mong Chron. 2d Sept.
1831.

6.
Dictum 1. In two or
three branches of judicature
three Judges
better than one.
Case 1: Where are conflicting
facts in or evidence.
Jury the best; single
Judge the worst:
three minds variously
constituted most
apt to come to a satisfactory
conclusion.

7.
Case 2. Discretion requisite:
as to damages
or costs.

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8.
Case 3: difficult and
important points of
law and equity to be
settled: satisfactory
is triplicity to suitors
and science-cultivating
professors.
Of my resolution
these the principal
reasons.

9.
For no one of these
dicta can J.B. find
a place in the
ratiocinative matter
of his Code.

10.
If inserted, by the Press-Corrector
they would be
struck out.

11.
Cases in which three
Judges are better than one.
Case 1. Facts or evidence
conflicting, Judges better
three than one. But
a Jury better still:
then why not call
in a Jury instead?

12.
Difficulty presented by
the Judicatory: the minds
must be variously
constituted, how to
ascertain this?

13.
Lawyer's minds are
less apt to be variously
constituted than
minds taken at random:
all cast in the
same mould.

14.
In the case of the Jury this
qualification is not required.

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15.
If identity of habits
makes variety of constitutions
let him take
all the Judges, as he says
he has power to do.

16.
If he is mistaken and
diversity is a surer
case than
of variety of constitution
let him take his favorites,
Jurymen, and
set them down in
their box: as many
habits they as
trades.

18.
True; the question in
between Judges (three)
and Judge – not between
Judges and Juries. But
it is by him this
question has been
put on the carpet
and it is too important
to be passed by.
Video meliora &c he
says. Thinking it as he
does of them, why not
employ them about
this their own business?
Are they
unpopular?

19.
2. Case 2. Discretion
to be exercised in
damages and costs.
Are there then cases
in which discretion
ought not be
exercised?

Identifier: | JB/004/376/002 "JB/" can not be assigned to a declared number type with value 4.
Date_1	1831-09-08	Marginal Summary Numbering	1-27
Box	004	Main Headings	lord brougham displayed
Folio number	376	Info in main headings field	on broughams swallowing up these two honours
Image	002	Titles
Category	marginal summary sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	d1 / d2
Penner	george bentham	Watermarks	j whatman turkey mill 1829
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1829
Notes public		ID Number	2297
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