JB/052/458/001

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1827 Feb. 24 +e
Procedure Code

I or II
Ch. Suits their Sorts.
1 § Common Law and Equity
imagining the their distinction

In Equity distinguish between its original ad- procedure
and its parochial if like a parochial plan
giving over and swelling Common Law = viz Injunction

2
No country
but England
has this
distinction

3. The person if in conveying
the truth with regard to fact
ought to have place alike
or the of all legal
desired

Then power over to the
of both Law and equity
Courts inadequate:
means not to the legislator
but to the sinister end.

1
Common Law & equity
distinction purely arbitrary
& imaginary

Art. To every one who will suffer himself to think
and who in thinking will consider the system of Procedure as
a means to an end, and that end, the giving execution and
effect to that substantive branch of the law rule of action to which it is an
appendage it will be sufficiently evident, that the distinction
between Common Law and Equity is purely arbitrary and
imaginary and arbitrary. Common Law Procedure ha in so
far as it is any thing better than a system of depredation
and oppression, has for its end the giving execution
and effect to the substantive branch of the law. Equity if it be any in so far as
thing better than a system of depredation and oppression, is so
true.

2.
Professed object of both
the satisfying the judge
that the facts upon which
a demand is grounded are
true.

In regard to the question Common Law Procedure has for its subordinate object
the elicitation of the facts which if proved the pursuer as
the his right or title to the service demanded by him
at the hands of the Judge, as promised to him by this
article of law on which the demand takes for the ground
in other words has for its object and end, the satisfying
the Judge that the fact the existence or the existence of
which his right or title is grounded.

Equally true is what is a this also predicated of Equity
instead of Common Law

3
Origin of the distinction

What distinction there is has nothing in it that is
natural — nothing that belongs in common to man at large or
so much as to civilized man any where: what it b is the
result of, is altogether peculiar to British suit, and British
practices: p originally a conflict, latterly a comparative
his contending powers, the one called spirited in contradistinction
to the other called spiritual the latter having for its sanction the
which bears the name of the religion

Identifier: | JB/052/458/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1827-02-24	Marginal Summary Numbering	1-3
Box	052	Main Headings	procedure code
Folio number	458	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17131
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