Front Page Titles (by Subject) SECTION XVII.: MUTUAL SECURITY FOR FORTHCOMINGNESS OF PERSONS AND THINGS. ‡ - The Works of Jeremy Bentham, vol. 3
SECTION XVII.: MUTUAL SECURITY FOR FORTHCOMINGNESS OF PERSONS AND THINGS. ‡ - Jeremy Bentham, The Works of Jeremy Bentham, vol. 3 
The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 3.
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- Errata—vol. III.
- Defence of Usury; Showing the Impolicy of the Present Legal Restraints On the Terms of Pecuniary Bargains; In Letters to a Friend.
- Letter I.: Introduction.
- Letter II.: Reasons For Restraint—prevention of Usury.
- Letter III.: Reasons For Restraint—prevention of Prodigality.
- Letter IV.: Reasons For Restraint—protection of Indigence.
- Letter V.: Reasons For Restraint—protection of Simplicity.
- Letter VI.: Mischiefs of the Anti-usurious Laws.
- Letter VII.: Efficacy of Anti-usurious Laws.
- Letter VIII.: Virtual Usury Allowed.
- Letter IX.: Blackstone Considered.
- Letter X.: Grounds of the Prejudices Against Usury.
- Letter XI.: Compound Interest.
- Letter XII.: Maintenance and Champerty.
- Letter XIII.: To Dr. Smith, On Projects In Arts, &c.
- A Manual of Political Economy: Now First Edited From the Mss. of Jeremy Bentham.
- Chapter I.: Introduction. *
- Chapter II.: Analytical Survey of the Field of Political Economy.
- Chapter III.: Of Wealth.
- Chapter IV.: Of Population.
- Chapter V.: Of Finance.
- Chapter VI.: Operation of a Sinking Fund On the Production of Wealth.
- Chapter VII.: Noscenda.
- Observations On the Restrictive and Prohibitory Commercial System; Especially With a Reference to the Decree of the Spanish Cortes of July 1820.
- Preface.: Observations, &c.
- Section I.: Nature of the Prohibitory System.
- Section II.: Mischiefs of the Prohibitory System.
- Section III.: Causes of the Prohibitory System.
- A Plan For Saving All Trouble and Expense In the Transfer of Stock, and For Enabling the Proprietors to Receive Their Dividends Without Powers of Attorney, Or Attendance At the Bank of England, By the Conversion of Stock Into Note Annuities.
- Chapter I.: Plan For the Creation, Emission, Payment, and Eventual Extension, of a Proposed New Species of Government Paper, Under the Name of Annuity Notes.
- Chapter II.: Form of an Annuity Note. (see Table II.)
- Chapter III.: Comparison of the Proposed, With the Existing Government Securities, &c.
- Chapter IV.: Grounds of Expectation, In Regard to the Proposed Measure.
- Chapter V.: Financial Advantages.
- Chapter VI.: Advantage By Addition to National Capital.
- Chapter VII.: Advantage By Addition to Commercial Security.
- Chapter VIII.: Particular Interests Concerned.
- Chapter IX.: Rise of Prices—how to Obviate.
- Chapter X.: Reduction of Interest—proposed Mode Compared With Mr. Pelham’s.
- Chapter XI.: Moral Advantages.
- Chapter XII.: Constitutional Advantages.
- Chapter XIII.: Recapitulation and Conclusion.
- Appendix A.: Government Ought to Have the Monopoly of Paper Money, As Well As of Metallic Money.
- Appendix B.: Paper Money—causes Why Not Circulated By Government Without Interest, As Well As By Individuals.
- General View of a Complete Code of Laws.
- Chapter I.: General Division.
- Chapter II.: Relations Between the Laws Concerning Offences, Rights, Obligations, and Services.
- Chapter III.: Relation Between the Penal and Civil Code.
- Chapter IV.: Of Method.
- Chapter V.: Plan of the Penal Code.
- Chapter VI.: Of the Division of Offences.
- Chapter VIII. Titles of the Penal Code.
- Chapter IX.: First General Title of the Civil Code, * of Things.
- Chapter X.: Second General Title of the Civil Code. of Places.
- Chapter XI.: Third General Title of the Civil Code. of Times.
- Chapter XII.: Fourth General Title of the Civil Code. of Services.
- Chapter XIII.: Fifth General Title of the Civil Code. of Obligations.
- Chapter XIV.: Sixth General Title of the Civil Code. of Rights.
- Chapter XV.: Seventh General Title of the Civil Code. of Collative and Ablative Events.
- Chapter XVI.: Eighth General Title of the Civil Code. of Contracts.
- Chapter XVII.: Ninth General Title of the Civil Code. of the Domestic and Civil States.
- Chapter XVIII.: Tenth General Title of the Civil Code. of Persons Capable of Acquiring and of Contracting.
- Chapter XIX.: Of the Particular Titles of the Civil Code.
- Chapter XX.: Of Elementary Political Powers.
- Chapter XXI.: Of Elementary Political Powers— Subject Continued.
- Chapter XXII.: Plan of the Political Code.
- Chapter XXIII.: Plan of the International Code.
- Chapter XXIV.: Plan of the Maritime Code.
- Chapter XXV.: Plan of the Military Code.
- Chapter XXVI.: Plan of the Ecclesiastical Code.
- Chapter XXVII.: Plan of Remuneratory Laws.
- Chapter XXVIII.: Of Political Economy.
- Chapter XXIX.: Plan of the Financial Code.
- Chapter XXX.: Plan of Procedure Code.
- Chapter XXXI.: Of the Integrality of the Code of Laws.
- Chapter XXXII.: Of Purity In the Composition of a Code of Laws.
- Chapter XXXIII.: Of the Style of the Laws.
- Chapter XXXIV.: Of the Interpretation, Conservation, and Improvement of a Code.
- Pannomial Fragments.
- Chapter I.: General Observations.
- Chapter II.: Consideranda.
- Chapter III.: Expositions.
- Chapter IV.: Axioms.
- Nomography; Or the Art of Inditing Laws: Now First Published From the Mss. of Jeremy Bentham.
- Chapter I.: The Subject Stated.
- Chapter II.: Relations.
- Chapter III.: Proper End In View.
- Chapter IV.: Imperfections Primary.
- Chapter V.: Explanations Relative to the Imperfections of the Second Order.
- Chapter VI.: Of Remedies. *
- Chapter VII.: Of Language.
- Chapter VIII.: Of the Perfections of Which the Legislative Style Is Susceptible.
- Chapter IX.: Of Forms of Enactment.
- Appendix. Logical Arrangements, Or Instruments of Invention and Discovery
- Equity Dispatch Court Proposal; Containing a Plan For the Speedy and Unexpensive Termination of the Suits Now Depending In Equity Courts. With the Form of a Petition, and Some Account of a Proposed Bill For That Purpose
- Section I.: Purpose Explained. Jeremy Bentham to the Honest and Afflicted Among Equity Suitors.
- Section II.: Equity Suitors’ Petition For Dispatch Court. to the King’s Most Excellent Majesty, —
- Section III.: Dispatch Court Bill—some Account of It.
- Section IV.: Information Requisite From Petitioning Suitors.
- Equity Dispatch Court Bill: Being a Bill For the Institution of an Experimental Judicatory Under the Name of the Court of Dispatch, For Exemplifying In Practice the Manner In Which the Proposed Summary May Be Substituted to the So Called Regular Sy
- Editor’s Note.
- Part I.—: Judiciary.
- Section I.: Judge Located, How.
- Section II.: Remuneration.
- Section III.: Registrar, &c.
- Section IV.: Eleemosynary Advocate.
- Section V.: Judges’, &c. Deputes.
- Section VI.: Judge’s Powers—exemptions—checks.
- Section VII.: Prehensors and Messengers.
- Section VIII.: Consignees; * Or Say, In-trust-holders.
- Section IX.: Grounds of Decision For the Dispatch Court Judge.
- Section X. ‡: Suits’ Comparative Suitableness; and Order of Cognizance.
- Section XI.: Auxiliary Judges and Accountants.
- Section XII.: Sittings, Times Of.
- Part II.—: Procedure.
- Section XIII.: Definitions. *
- Section XIV.: Examination of Solicitors.
- Section XV.: Initiatory Examination of Parties, &c.
- Section XVI.: Appropriate Intercourse, Constant and Universal, Secured.
- Section XVII.: Mutual Security For Forthcomingness of Persons and Things. ‡
- Section XVIII.: Evidence-procuring Money, How Provided.
- Section XIX.: Subsequential Evidence, How Elicited.
- Section XX.: Execution, How Performed.
- Section XXI.: Equity Court Costs, How Disposed Of.
- Section XXII.: Dispatch Court Costs, How Disposed Of.
- Section XXIII.: Eventual Retrotransference of a Suit to the Equity Court.
- Section XXIV.: Expense of the Court, How Provided For.
- Supplemental Sections:—
- Section I. Or XXV.: Bankruptcy and Insolvency.
- Section II. Or XXVI.: Henceforward Dispatch Court.
- Schedules to the Bill.
- Plan of Parliamentary Reform, In the Form of a Catechism, With Reasons For Each Article: With an Introduction, Showing the Necessity of Radical, and the Inadequacy of Moderate, Reform.
- Section I.: History of the Ensuing Tract—alarming State of the Country and the Constitution.
- Section II.: Most Prominent Present Grievance, Gareisoning France.
- Section III.: Causes of the Above and All Other Mischiefs:—particular Interests Monarchical and Aristocratical, Adverse to the Universal—their Ascendency.
- Section IV.: Sole Remedy In Principle—democratic Ascendency.
- Section V.: Remedy In Detail: Radical Parliamentary Reform: Elementary Arrangements In This Edition of It—their Necessity.
- Section VI.: Differences Between This and the Original Editions of Radical Reform.
- Section VII.: Virtual Universality of Suffrage Further Considered.
- Section VIII.: Virtual Universality of Suffrage—its Undangerousness.
- Section IX.: Freedom of Suffrage Further Explained—seductive Influence—its Forms, Instruments, &c.
- Section X.: Bribery and Terrorism Compared.
- Section XI.: Purchase of Seats—in What Cases Mischievous—in What Beneficial.
- Section XII.: Secresy of Suffrage—its Importance Further Developed.
- Section XIII.: Exclusion of Placemen, &c. From the Right of Voting—mischievousness and Profligacy of the Opposite Arrangement.
- Section XIV.: Universal Constancy of Attendance—its Importance.
- Section XV.: Representatives—impermanence of Their Situation—its Importance:—objections—their Groundlessness.
- Section XVI.: Moderate Reform—its Arrangements—their Inadequacy.
- Section XVII.: Trienniality Inadequate;—annuality Necessary.
- Section XVIII.: Interests Adverse to Adequate Reform—support Given By Them to Moderate, to the Exclusion of Radical: Tories—whigs—people’s Men.
- Catechism of Parliamentary Reform; Or, Outline of a Plan of Parliamentary Reform; In the Form of Question and Answer; With Reasons to Each Article.
- Section I.: Ends to Be Aimed At On the Occasion of Parliamentary Reform.
- Section II.: Means, Conducive Towards These Ends.
- Section III.: Means—their Uses, With Reference to Their Respective Ends.
- Section IV.: Means Conducive to Aptitude In Members: I. Placemen Not to Vote, Nor to Be Seated By Election.
- Section V.: Means, &c. Continued.—ii. Placemen Seated By the King, With Speech and Motion, Without Vote.
- Section VI.: Means, &c. Continued.—iii. Elections Frequent—annual.
- Section VII.: Means, &c. Continued.—iv. Speeches Authentically and Promptly Published.
- Section VIII.: Means, &c. Continued.—v. Attendance, Punctual and General, Secured.
- Section IX.: Inconveniences Incident to Elections, and Election Judicature.
- Section X.: Election Inconveniences—means For Their Removal.
- Section XI.: Collateral Advantages, Referable to the Situations of Electors, Placemen, Lords, &c.
- A Sketch of the Various Proposals For a Constitutional Reform In the Representation of the People, Introduced Into the Parliament of Great Britain, From 1770 to 1812.
- Radical Reform Bill, With Extracts From the Reasons.
- Preliminary Explanations.
- Title of the Proposed Act.
- Section 1.—: Seats and Districts.
- Section 2.—: Electors, Who.
- Section 3.—: Eligible, Who.
- Section 4.—: Election Offices.
- Section 5.: Election Apparatus.
- Section 6.—: Promulgation of Recommendations In Favour of Proposed Members.
- Section 7.—: Voters’ Titles Pre-established.
- Section 8.—: Election, How.
- Section 9.: Election Districts and Polling Districts, How Marked Out.
- Section 10.—: Vote-making Habitations, How Defined.
- Section 11.—: Members’ Continuance.
- Section 12.—: Vacancies Supplied.
- Section 13.—: Security For the House Against Disturbance By Members. †
- Section 14.—: Indisposition of Speakers Obviated.
- Appendix, Including General Explanations.
- Radicalism Not Dangerous. Extracted From the Mss. of Jeremy Bentham. *
- Part I.—: Introduction.
- Section I.: Radical Reform Bill Recapitulated.
- Section II.: Persuasion of the Dangerousness of Radicalism—cause of It, and of the Vituperative Expression Given to It.
- Section III.: Terms of the Accusation,—speeches From the Throne, 16 Th July and 21 St November 1819.
- Section IV.: The Accusation In General Terms—counter-averment.
- Section V.: Plan of This Defence.
- Part II.—: Deference From the General Nature of the Case.
- Section I.: Conditions Necessary to a Man’s Embarking In Such a Design.
- Section VII.: Concurrence In Any Other Extensive Plan of Spoliation Impossible.
- Section VIII.: Concurrence of Any Constituted Authorities Impossible.
- Section IX.: Accomplishment Impossible—design Impossible.
- Section X.: The Talked-of Spunge No Proof of the Design.
- Part III.—: Defence From Experience In the Case of the United States.
- Part IV.: Defence From Particular Experience In the Case of Ireland: Years 1777 Or 1778, to 1783.
- Section I.: Analogy Between This and the Previous Case.
- Section II.: Democratic Ascendency, How Produced.
- Section III.: Fruit of Democratic Ascendency a Golden Age.
- Section IV.: Coincidence of Its Characters With Those of Radicalism.
- Section VI.: Extinction of Democratic Ascendency and Reform—restoration of Monarchico-aristocratical Ascendency, and Its Consequences.
MUTUAL SECURITY FOR FORTHCOMINGNESS OF PERSONS AND THINGS.
Art. 1. An act of bondsmanship is any act by which any person subjects himself to the obligation of rendering to any other any sort of service.
Art. 2. An act of subsidiary bondsmanship is any act by which any one person, for the benefit of another person, binds himself to render service in certain shape to a third.
Art. 3. An act of bondsmanship in general, and subsidiary bondsmanship in particular, is either judicial or extrajudicial.
Art. 4. By the service which it is capable of having for the subject-matter of the promise, the party benefited may be a party on the pursuer’s side, or a party on the defendant’s side.
It may be any sort of service from which the party is capable of receiving benefit in any shape, in the course or on the occasion of the suit.
It may happen to it to be rendered gratuitously or for a price.
Art. 5. To the requisition or admission of it by the Judge, the concurrence of these conditional circumstances is necessary: and when these concur, he will require it or admit it accordingly.
Note.—Now as to excuses excuses for non-appearance—excuses for non-appearance of a party—the party defendant in a suit at law.—Rummage the modern books of practice (such is the name given by practisers to books of procedure)—rummage over the whole library of them from beginning to end,—no such word as excuse, nor any mention of the thing itself, will you find. Turn to the earliest law book extant, in which any thing occurs on the subject of such practice, scarcely of anything but excuses will you find anything said. Strange enough the difference to a first glance; altogether natural to a further glance. On the part of an individual, on whom the burthen of attendance at a distance from home was sought to be imposed,—and this for no other purpose than that of imposing on him another burthen to an indefinite degree greater,—for throwing off both burthens, and if possible making his escape from them altogether, ingenuity would of course be upon the rack:—abundant would be the excuses; proportionably so, what would be to be said of them in the books. So much for practice in its ancient form. On the other hand, on the part of a man in whose instance the taking on him the burthen was never other than an operation voluntary and well paid for,—no such sensation as that of reluctance being possible, no such operation as that of making excuses can ever be performed: consequently, on the subject of this operation, nothing in any book written on this same subject would there ever be to be said. So much for practice in its modern form.
In the view given by Glanville, of the course of procedure as carried on in that day by that same Glanville, Chief Justiciary under Henry II. in his work intituled de Legibus et Consuetudinibus Angliæ—under the name of Essoignes or Exoines in law-French—in law-Latin Essonia (plural of essonium )—a list is given of excuses, received in those days in lieu of attendance.
Good (says the inquisitive reader:) so much for this incidental topic. But of the principal matter what is said? The subject-matter of controversy being (suppose) title to a piece of land, what is said of the efficient cause of the demandant’s alleged right or title to this same land? What is said? Why, next to nothing. The parties being once fairly brought together in the presence of each other and the Judge, the question, who was entitled to it, was a question which, it was assumed, would presently be settled: just as at present a demand is, which in a Small-Debt Court is made by a baker on a customer for a dozen of quartern loaves:—on which occasion, employment might be given to an action of ejectment, with a few years of delay and a few hundred pounds of expense, with about as much propriety and use as, at present, employment is given to an action of the sort so denominated on the occasion of a dispute about the property of a piece of land. As to efficient causes of title,—of any such matter, incidentally only, in the way of allusion, and under a different head, is mention made, namely, of about five or six of them, in Book XIII. Chap. II.
Nor altogether without reason was this same assumption, this assumption of promptitude, made; strange as it may seem to those whose ideas of real-property law have no more instruction, nor other source, than that system of procedure which has had for its object and occupation the maximizing the insecurity of that same property, and the dilatoriness of all law proceedings, in relation to it, for the benefit of its pretended guardians.
To this dead and for so many hundred years buried topic, resurrection will now be given: and, as to the name essoign, it still lives, remaining attached to one of the days reckoned from, in lawyers’ gibberish, when putting to use the fixt days’ device.—(See Petition for Justice.)
Number of these excuses, according to the above-mentioned Grand Justiciary, four. Wretchedly inadequate this list, regard even had to the scanty exigencies of the state of society for which it was given. For giving it completeness, common sense, applied to the common exigencies of society in its present state, will now suffice. For securing verity to the affirmation, observable care at that time employed, none: at this time, on this occasion, the same care will be employed in this case, as in all others.
Of apposite excuses, a list, as complete as may be, will have been locked up and authorized by law. Existing mendacity licence will have been cancelled; responsibility substituted: substituted as effectually, as by punishment for perjury, under the existing system, it is vainly.
The individual by whom the excuse is sent in, will be either he whose attendance it is that is commanded,—say the mandatee, or another individual for him: if the mandatee, the non-compliance to be accounted for will be the non-attendance. But in each of three cases—that is to say, death, non-information of the summons, and physical inability to make response—not only will compliance, but excusation, or say assignment of the cause of non-compliance, that is to say of his non-appearance, be on his part impossible. Here then is provision to be made of a vicarious excuse given, or say excusator, or apologist, by whom affirmation will be to be made (which may be by LETTER post) of the fact, by which the non-responsion in conjunction with the non-attendance was produced. Here, then, will be two species of eventual excusator—excusator proper, and excusator vicarious—to whom, on the cover, every mandate for attendance will be directed: eventual mandatee vicarious, a person uncertain, any person (to wit) at that time seen by the messenger (the postman) in the house: to which functionary the requisite instruction, for the performance of his duty, will in and by the particular Code belonging to his office have been communicated.
By malâ fide litigants, and their solicitors and attorneys, for staving off the termination of the suit, and consequently for evading proof of the receipt of the mandate, devices, as many and effective as human ingenuity can contrive, will of course be contrived: all these the tenor of the law will have used its endeavour to obviate.
Under the existing system, in the local field of procedure, a sort of hunt has at all times been carried on, and at all times under every possible system, so long as man is man, will continue to be carried on: carried on, on the part of each apparent hunter, with or without intention to catch, according to circumstances. To the species of game, which is the subject-matter of this hunt, no name has as yet been assigned: yet, name assigned to it there must be, or no directions as to the catching it can be given. Call it, then, a summonee; and on this particular occasion, a summonee for attendance: and, attached to every summonee proper for attendance and response both, will be a summonee vicarious for response alone, as above. Thus it is, that for the purpose of this logical species of hunt, the huntees require to be put in couples in all cases; as, in the natural species of hunt, do the hunters in some cases.
In regard to permission and obligation as to attendance, provision will have been made by law for interest in all its several established modifications: self-regarding interest, trusteeship, and partnership, which is a compound of both: trusteeship in all the several forms in which the relation between the trustee and the intended benefitee manifests itself. Examples these:—1. Guardian and ward: 2. Husband and wife; 3. Agent and principal; 4. Chairman or secretary, or other nominees of a joint-stock company, and the rest of the members; and so on. (See Section XIV. art. 4.)