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<p>What then was the <hi rend="underline">bonus</hi> offered and accepted?  It was the<lb/>
<add><foreign>jus nocendi</foreign> – the<add> faculty of oppressing the adversary:  <del>Come to</del> it was the liberty<lb/>


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</p>


<p><!-- pencil -->1 Febr<hi rend="superscript">y</hi> 1807</p>
<p>But howsoever clear the benefit of competition may<lb/>
be as between Court and Court, Judge and Judge, where <add>so far<lb/>
superior</add> honour is the <add>prize</add> subject of it, where <add>so far</add> money is the subject,<lb/>
the beneficial tendency of a competition is by no means<lb/>
equally <add>clear and</add> out of doubt.</p>
<p><del>In <gap/> <gap/> an</del> <add>Where the matter to be</add> referred at once to the test<lb/>
of mere <add>bare</add> experience – that test to which men unused to the<lb/>
labour of thinking, are so <unclear>fond</unclear> of referring everything without<lb/>
further thought – the result would be very little in favour<lb/>
of competition, in the present instance.  Amongst the three <add>great</add><lb/>
Common Law Courts <add>Westminster Hall</add> a competition for money, a competition<lb/>
tripartite, established itself.  What was the result?  That they<lb/>
strive who <add>which</add> should do the business with least delay, vexation<lb/>
and expence to the Suitors?  Ah, no, my Lord.  Was this<lb/>
the bonus that the King's Bench offered to the plaintiff <add>in a civil cause</add>, to engage<lb/>
him to present his demand to that Court, instead of the Common<lb/>
Pleas to which <del>the</del> Parliament had allotted it?  did it<lb/>
say to him, come you two, you and the Defendant, face to<lb/>
face, and we will do right to you, as often as it can be done<lb/>
without further evidence, instanter and on the spot?  No, my Lord,<lb/>
that would have knocked up the trade of both <del>the <gap/></del> shops, and<lb/>
left nothing worth stooping for to be got by either.  <del><gap/></del></p>




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Revision as of 04:50, 23 February 2023

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What then was the bonus offered and accepted? It was the
jus nocendi – the<add> faculty of oppressing the adversary: Come to it was the liberty


1 Febry 1807

But howsoever clear the benefit of competition may
be as between Court and Court, Judge and Judge, where <add>so far
superior honour is the prize subject of it, where so far money is the subject,
the beneficial tendency of a competition is by no means
equally clear and out of doubt.

In an Where the matter to be referred at once to the test
of mere bare experience – that test to which men unused to the
labour of thinking, are so fond of referring everything without
further thought – the result would be very little in favour
of competition, in the present instance. Amongst the three great
Common Law Courts Westminster Hall a competition for money, a competition
tripartite, established itself. What was the result? That they
strive who which should do the business with least delay, vexation
and expence to the Suitors? Ah, no, my Lord. Was this
the bonus that the King's Bench offered to the plaintiff in a civil cause, to engage
him to present his demand to that Court, instead of the Common
Pleas to which the Parliament had allotted it? did it
say to him, come you two, you and the Defendant, face to
face, and we will do right to you, as often as it can be done
without further evidence, instanter and on the spot? No, my Lord,
that would have knocked up the trade of both the shops, and
left nothing worth stooping for to be got by either.



Identifier: | JB/091/062/001"JB/" can not be assigned to a declared number type with value 91.

Date_1

1807-02-01

Marginal Summary Numbering

or 3 - or 4

Box

091

Main Headings

scotch reform

Folio number

062

Info in main headings field

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

c2

Penner

jeremy bentham

Watermarks

Marginals

jeremy bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

29058

Box Contents

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