JB/011/028/001

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1829. Aug. 16.

Reformists reviewed. G.B.

Merits quoad hoc

Brougham's merits — Heads
(1)
1. Indication of legalised
depredation.
(2)
2. do of legalized oppression.
(3)
3. Acknowledgement
and proofs of unfitness
of substantive law.
(4)
1. Legalised depredation
and oppression.
2. Squirearchy exposed
Justices of the Peace.

In Brougham's
speech 7 pages well filled
on this subject.
Articles in the Morn.
Chronicle.

Useful matters in
Brougham's speech —
List of them.

Dispatch Ct

Interpretation — indication
of mischievous
effects of the matter
in books on this subject.

Use of this testimony
to J.B. for Dispatch
Court proposal.

Objection necessity
to keep to the rule Share
— not applicable
here.

J.B.'s non-disappointment
principle the only
true guide.

Minimisation of disappointment
the only
true rule of interpretation.

Wills interpretation

Importance of to J.B. of
brougham's testimony
the King of the Nisi Precis
Court.

Passages of Brougham's
speech subservient to this
purpose.

Remedies par per J.B. two. 1. Bury
all existing rules of interpretation
in oblivion. 2. bring to
view all possible diversifications
of the state of relationships
and supposed correspondent
dispositions. 3. Hatch
out forms of expressions adapted to give effect to these propositions. 4. Form a Will makers Code.

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Doubts in his speech all
of his own creation.

In Jury trial exclusion
of testimony of parties
lauded by Brougham.

Merits — Construction of
written evidence by Court.

On the subject of Evidence
no mention of J.B.'s Rationale.

Brougham's Services

(2)
+ I. Acknowledgement and
proofs of existing
system depensity in
all its branches

(3)
+ II Squirearchy in
particular exposed

(4)
III. So incapacity of
Equity rules to
serve as a standard
of reference — a sub
statute to real law
thus sworn to.

Dispatch Court

IV. Apology for his
laud of existing
system — his dependence
on Peel.

+ V. But for his speech
Peels Commissions
would not have been
issued, they have
produced unintended
good though
paid for.

+V.I. His bad reasons
in favour of what to defend
are of use showing that
none better could be
found.

+VII. His giving excuse
for exhibition of J.B.'s
principles and practice
and serving are a fact
to

Brougham's Imperfections

1. Partial Legislation acceded to
2. Fee-gathering supported
3. Statute of friends lauded.

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March ?
Superseded

By Brougham's veneration
expressed for existing
system.

Reason — Compelled to
speechify in a strait.
waistcoat.

Peel's image the strait
waistcoat.

Under matchless
Constitution all reform
turned to .

J.B. free from all
such restraint.

J.B. discovered the corruption
and abomination
when attending
Blackstone's lectures 65
or 66 years ago.

J.B. obtained complete
knowledge of the corruption
when the effects of
fee gathering were
unfolded to his view.

Per Brougham justice
the end originally aimed
at and corruption the
result of aberrations
from the original
design.

This assumption
the reverse of the real
fact.

Under fee gathering
system opposition of
interest to duty.

Constant sacrifice
of personal to public
interest impossible.

O'Connell a reformist
prophecyed.

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Remedies

Remedy V. Restitution of
suits to Common Law.

Brougham's misconceptions
1. Encrease of jury
Trials an improvement
2. That there is a determinate
time of separation
between Equity &
Common Law.

By J.B. the Gordian
knot cut 1. Equity suits
there ought to be none.
2. Common Law suits
none.
3. This supposed remedy
compatible with partial
legislation reprobation
4 That jury box could
subsist if special
pleadings taken away.

J.B.'s quasi Jury
contrasted with Brougham's
jury.

If Brougham made
Master of the Rolls he
would propose transference
not from Equity
to Common Law but
from Common Law to
Equity.

If jury trial were
really the best the
demand for issues
to be tried would be
in every case of relative
importance
in which dispute
had place.

Identifier: | JB/011/028/001 "JB/" can not be assigned to a declared number type with value 11.
Date_1	1828-08-16	Marginal Summary Numbering
Box	011	Main Headings	law amendment
Folio number	028	Info in main headings field	reformists reviewed
Image	001	Titles	merits / dispatch ct / remedies
Category	rudiments sheet (brouillon)	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	george bentham	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	3725
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