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<head>1829 Aug. 18<lb/> Reformists reviewed</head> <!-- in pencil --> <p><note><sic>ult</sic></note></p> <p>(4</p> <p><note>Brougham<lb/>Fundamental principle<lb/> 1. Partial Legislation</note></p> <p><note>10<lb/> In Brougham's speech<lb/> the principle not<lb/> laid down <sic>till</sic> the<lb/> end — contravened in<lb/> the first page</note></p> <p> Laid down not <del>be</del> like pages 114 and 116 <gap/><lb/> as early as in page 2 it had been <add>this principle</add> <del>an infringement</del><lb/> contravened. <del> Parts of <unclear>Branches</unclear> <add>"Points</add> of the law of which the" <hi rend="underline"><gap/></hi><lb/>is then | <head>1829 Aug. 18<lb/> Reformists reviewed</head> <!-- in pencil --> <p><note><sic>ult<hi rend="superscript">o</hi></sic></note></p> <p>(4</p> <p><note>Brougham<lb/>Fundamental principle<lb/> 1. Partial Legislation</note></p> <p><note>10<lb/> In Brougham's speech<lb/> the principle not<lb/> laid down <sic>till</sic> the<lb/> end — contravened in<lb/> the first page</note></p> <p> Laid down not <del>be</del> like pages 114 and 116 <gap/><lb/> as early as in page 2 it had been <add>this principle</add> <del>an infringement</del><lb/> contravened. <del> Parts of <unclear>Branches</unclear></del> <add>"Points</add> of the law of which the" <hi rend="underline"><gap/></hi><lb/>is then promised "Equity in every branch" "Criminal Law"<lb/> "Commercial Law" Real property law. Neither of Ecclesiastic <lb/> law. Admiralty Law nor Military Law any mention made</p> <p> In the very first page line 5 are these words<lb/> "I am aware that I stand engaged to bring before you the<lb/> whole <del>of</del> state of the Common Law of this country (the<lb/> "Common Law I call it in contradistinction to Equity)"</p> <p><note> 11<lb/> So in page 2 Equity<lb/> law excluded from<lb/> the inquiry</note></p> <p>In page 2 in speaking of the <gap/> in regard to<lb/> Equity, <!-- brackets in pencil --> [<unclear>practice</unclear> used] well — advised was the example<lb/>made. <del>by him</del> "unless" (says he) "when I may be compelled<lb/>"to mention it incidentally, from its interference with<lb/> "the Course of the Common Law"</p> <p><note>12<lb/> Nothing can be<lb/> done to any good<lb/> purpose in Common<lb/> law without the<lb/> like operation in<lb/> Equity</note></p> <p> In effect, what would a determination to do <add>operate</add> any<lb/> thing <add> good and</add> effectual be, as to any good purpose to <gap/> consideration<lb/> under Common Law without the like operation<lb/>and consideration in regard to Equity? Exactly<lb/> the same thing as a <add>the</add> determination to <del><gap/></del> <add> cut</add> a pound of<lb/>flesh without shedding a drop of blood.</p> <p><note>12<lb/> <sic>Misinseparability</sic> well<lb/> understood by Eldon<lb/> when by Peels mouth<lb/> he forced the separation<lb/> of Common Law & Real<lb/> Property <sic>Commissory</sic><lb/> from Equity Commissions</note></p> <p>Well did Lord Eldon understand this inseparability<lb/> to any good purpose, when through the life of Mr Peel he forced<lb/> Mr Brougham to keep the inquiry into the "origin &c of <hi rend="underline"> actions</hi><lb/>in the Supreme Courts of Common Law and with the state<lb/> of the Law regarding the transfer of real property separate<lb/> from the inquiry into the state of the Code of Equity<lb/>confining the inquiry at the same time to <hi rend="underline">actions</hi> and<lb/> thereby keeping out all inquiry into the state of the Judicial<lb/> Establishment: without a change in which or rather a total change<lb/> of which, as M<hi rend="superscript">r</hi> Bentham has demonstrated) no considerable good can be done.</p> | ||
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1829 Aug. 18
Reformists reviewed
ulto
(4
Brougham
Fundamental principle
1. Partial Legislation
10
In Brougham's speech
the principle not
laid down till the
end — contravened in
the first page
Laid down not be like pages 114 and 116
as early as in page 2 it had been this principle an infringement
contravened. Parts of Branches "Points of the law of which the"
is then promised "Equity in every branch" "Criminal Law"
"Commercial Law" Real property law. Neither of Ecclesiastic
law. Admiralty Law nor Military Law any mention made
In the very first page line 5 are these words
"I am aware that I stand engaged to bring before you the
whole of state of the Common Law of this country (the
"Common Law I call it in contradistinction to Equity)"
11
So in page 2 Equity
law excluded from
the inquiry
In page 2 in speaking of the in regard to
Equity, [practice used] well — advised was the example
made. by him "unless" (says he) "when I may be compelled
"to mention it incidentally, from its interference with
"the Course of the Common Law"
12
Nothing can be
done to any good
purpose in Common
law without the
like operation in
Equity
In effect, what would a determination to do operate any
thing good and effectual be, as to any good purpose to consideration
under Common Law without the like operation
and consideration in regard to Equity? Exactly
the same thing as a the determination to cut a pound of
flesh without shedding a drop of blood.
12
Misinseparability well
understood by Eldon
when by Peels mouth
he forced the separation
of Common Law & Real
Property Commissory
from Equity Commissions
Well did Lord Eldon understand this inseparability
to any good purpose, when through the life of Mr Peel he forced
Mr Brougham to keep the inquiry into the "origin &c of actions
in the Supreme Courts of Common Law and with the state
of the Law regarding the transfer of real property separate
from the inquiry into the state of the Code of Equity
confining the inquiry at the same time to actions and
thereby keeping out all inquiry into the state of the Judicial
Establishment: without a change in which or rather a total change
of which, as Mr Bentham has demonstrated) no considerable good can be done.
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Identifier: | JB/011/118/001"JB/" can not be assigned to a declared number type with value 11. |
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1829-08-18 |
10-13 |
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011 |
law amendment |
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118 |
reformists reviewed |
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001 |
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text sheet |
1 |
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recto |
e4 |
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jeremy bentham |
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3815 |
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