JB/106/095/001

Click Here To Edit

March 1807
Judicial Justice

In the character of a precedent, capable of forming the
matter of a rule of law – of jurisprudential law – preferment
in extent to an entire Statute or writ were to a multitude
of Statutes the importance of a division to the public at large
has no dependance upon, no connection with its importance
to relation to the parties. A decision of the most extensive
applicability may as well have for its subject matter
a hovel not worth 20s a year as the what £180,000 a year said to have composed the Bridgewater
estate. Meeting with opulence on the part of both parties
and a temperament of sufficient sensibility on the part of the Law
a cause being referenced misdecision in a Court below
ascends to the House of Lords, and there the misdecision receives
due correction. Failing to meet with sufficient opulence
or sensibility on the part of the him who should have been plaintiff
it now ceases finds its way into my Court. Decided in a Court below
and decided wrong, if the requisite quantum either of affluence opulence
or sensibility finds on the part of the loswer, the erroneous
decision of the Court the below is submitted to and becomes true.

In The case of Perrin and Blake the was the want of
affluence: in the Courts below it was argued and argued,
Westminster Hall was kept burning with horned zeal from one
end to the other. It received one decision at an end of the Hall,
an opposite decision at the opposite end. Had sensibility concerned
with affluence, the cause would have defended to the highest rigor, and the law on that important head could have been fixed:
but moderation trumpeted over sensibility, the cause was compromised,
the existing fellowship of horned gentlemen robbed by the
niggardliness of the parties of their expected due, and the question left
in the condition of a closed or deserted gold-town, waiting to be reopened
for the benefit of future harmony by the avidity of future suitors.

Identifier: | JB/106/095/001 "JB/" can not be assigned to a declared number type with value 106.
Date_1	1807-03-01	Marginal Summary Numbering	31-33
Box	106	Main Headings	scotch reform
Folio number	095	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e11
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	34683
Box Contents