JB/011/187/001

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1826 Apr. 5
J.B. to Secy Peel

Your discernment and the temper that accompanies it will make
the proper distinction and keep you from and from anything that is
applicable, only on account
of its being in contact
with other matter which
is not applicable.

The pen being thus on the paper I cannot take it off
without troubling you with a few words more on this same
subject.

In the design great beneficent design in which you are
at present occupied codification I observe is not professedly included,
only consolidation. Codification would embrace apply itself alike
to Statute law and Common Law: extinguishing that
as far as it went that fictitious and essentially uncognoscible
rule of action, with which all scarcely for anything
done persons, reputation, property, condition in life –
good in every shape on which it depends upon law, is
in my own view of the matter incompatible. Consolidation confines itself to Statute
law those shapeless fragments of the only really existing
and thence cognoscible rule of action the aggregate of which goes by the name
of Statute law. Whether taken in its whole extent your
design is in this way limited as above, I certainly is not known
to me nor have I any expectation of its being so, nor do I regard it among the things which it is for me to know, to the knowledge of which I can have any clues. But
supposing it to have that comprehensiveness which I
should be so happy to see given to it possessed by it, I could not,
had I the honour to be your adviser, recommend any
course better or other than those the only one which you have already
manifested –⊞ ⊞ for through the
whole texture of your
Jury Act I observed
under the name of
custom various portions of
Common Law to a
undefinible considerable extent
in the aggregate expressly
saved from
the application made
of it
for I am not insensible
to the meaning
of couched under the
passage in which
p.47 you speak
of "the various instruments,
"without whose
"concurrence it is
"useless to advance".

It is not only or at the only course which in my view
of the matter is suitable to your situation: it is the
very one which in an eminent degree is suitable and conducive to
my own particular purpose. I mean by giving to drawing the
attention of the public how under the a all direction so eminently favorable
and preparing the it for the reception of whatever porter
I can hope to produce of the all comprehensive proposed Code the
which has formed the subject matter of the great labour of
the greatest portion of my life.

Identifier: | JB/011/187/001 "JB/" can not be assigned to a declared number type with value 11.
Date_1	1826-04-05	Marginal Summary Numbering
Box	011	Main Headings	law amendment
Folio number	187	Info in main headings field	jb to secy peel
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	3884
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