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< | <head>1829 Aug. 3<lb/> | ||
Reformists Reviewed</head> | |||
<note> <!-- word in pencil --> Beginning</note> | |||
<note>*(6. J.B. <lb/> | |||
A true expert.</note> | |||
<p> Now for <del><gap/></del> an idea (faint and inadequate at best<lb/> it can not but be for <gap/> will not <sic>admitt</sic> of any thing<lb/> better) of what he has done in relation to the disorder<lb/> itself, the cause of it and the remedy.</p> | |||
<note><!-- number in pencil --> 14.<lb/> Nature of the disorder<lb/> Justice sold or denied<lb/> in contradiction to<lb/> <foreign> Magna Charta.</foreign></note> | |||
<p>1. As to the disorder, we have but to open <foreign>Magna<lb/> Charta</foreign>; the <foreign>Magna Charta</foreign> of Henry the third 9 H. 3. Ch. 29<lb/> | |||
<foreign>Nulli vendemus</foreign> (says the original Latin) <foreign>nulli negabimus aut<lb/> differemus rectum aut justitiam</foreign>: we will <del>not</del> sell to no man,<lb/> we will not deny or defer to any man (says the clumsy<lb/> old translation) Justice or Right. <add>There we see</add> So much for promises,<lb/> look around every where, there we see performance. Justice<lb/> deferred to every man, sold, and at an <sic>extortious</sic> <lb/> price to the few, to the very few to whom it is possible<lb/> to pay the price, deserved to all besides—thus it is with<lb/> Justice.</p> | |||
<note><!-- number in pencil -->15<lb/> Cause of the disorder<lb/> the fee-gathering<lb/> system.</note> | |||
<p><add>By</add> In the bold outline thus given by him we see<lb/> at once <add>are enabled to see at one rapid glance</add> the nature of the disorder and the extent of it.<lb/> Behold now the cause — the root of <add>it</add> the evil. <del>In the mode of rem remuneration</del> Looking to the <add>superior</add> Judges — looking<lb/> to the mode and form in which their remuneration <add>and the mode of their remuneration</add> was<lb/> allotted to them, he there discovered it. Not by salary<lb/> were they paid but by fees. <del>Div</del> By this arrangement <lb/> diametrical and irreconcilable was the opposition created<lb/> between their interest and their duty. For no operation for<lb/> no written instrument — in a word for no judicial proceeding<lb/> could any fee be <add>ever</add> taken but justice was at the same<lb/> time sold and denied; sold to him <add> every man</add> who could and would<lb/> find the money for it <add>amount of the fee</add> denied to him <add>every man</add> who could not.<lb/> So much for sale and denial. Now for delay: Fees being<lb/>exigible and exacted for each operation, a fee for each written<lb/> instrument, and in many instance the magnitude of the fee encreasing<lb/>with the length of the instrument, hence in proportion as operation and<lb/> <add>instruments</add><lb/> <!-- continues in margin --> instruments could be<lb/> multiplied and instruments<lb/> lengthened, encreased<lb/> could be the aggregate<lb/> amount of fees.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
1829 Aug. 3
Reformists Reviewed
Beginning
*(6. J.B.
A true expert.
Now for an idea (faint and inadequate at best
it can not but be for will not admitt of any thing
better) of what he has done in relation to the disorder
itself, the cause of it and the remedy.
14.
Nature of the disorder
Justice sold or denied
in contradiction to
Magna Charta.
1. As to the disorder, we have but to open Magna
Charta; the Magna Charta of Henry the third 9 H. 3. Ch. 29
Nulli vendemus (says the original Latin) nulli negabimus aut
differemus rectum aut justitiam: we will not sell to no man,
we will not deny or defer to any man (says the clumsy
old translation) Justice or Right. There we see So much for promises,
look around every where, there we see performance. Justice
deferred to every man, sold, and at an extortious
price to the few, to the very few to whom it is possible
to pay the price, deserved to all besides—thus it is with
Justice.
15
Cause of the disorder
the fee-gathering
system.
By In the bold outline thus given by him we see
at once are enabled to see at one rapid glance the nature of the disorder and the extent of it.
Behold now the cause — the root of it the evil. In the mode of rem remuneration Looking to the superior Judges — looking
to the mode and form in which their remuneration and the mode of their remuneration was
allotted to them, he there discovered it. Not by salary
were they paid but by fees. Div By this arrangement
diametrical and irreconcilable was the opposition created
between their interest and their duty. For no operation for
no written instrument — in a word for no judicial proceeding
could any fee be ever taken but justice was at the same
time sold and denied; sold to him every man who could and would
find the money for it amount of the fee denied to him every man who could not.
So much for sale and denial. Now for delay: Fees being
exigible and exacted for each operation, a fee for each written
instrument, and in many instance the magnitude of the fee encreasing
with the length of the instrument, hence in proportion as operation and
instruments
instruments could be
multiplied and instruments
lengthened, encreased
could be the aggregate
amount of fees.
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Identifier: | JB/011/055/001"JB/" can not be assigned to a declared number type with value 11. |
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1829-08-03 |
14-15 |
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011 |
law amendment |
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055 |
reformists reviewed |
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001 |
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text sheet |
1 |
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recto |
e6* |
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jeremy bentham |
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3752 |
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