Front Page Titles (by Subject) SECTION XIX.: SUBSEQUENTIAL EVIDENCE, HOW ELICITED. - The Works of Jeremy Bentham, vol. 3
SECTION XIX.: SUBSEQUENTIAL EVIDENCE, HOW ELICITED. - 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.
SUBSEQUENTIAL EVIDENCE, HOW ELICITED.
Art. 1. As to the mode of elicitation,—exceptions excepted, oral, perpetuated, as above, by instantly-succeeding minutation, is the mode that will be employed.
Art. 2.—Exception i. Without preponderant evil in the shape of danger of deception, and thence of misdecision, saving produced by the epistolary mode in respect of delay and expense; intercourse being carried on free of expense, by means of the letter-post; the House of Call being settled as per Section XVI. art. 4.
Art. 3.—Exception ii. The oral mode relatively impracticable: for example, the residence of the proposed examinee not being sufficiently known or settled, or being in a distant dependency of this realm, or in territory of a foreign state.
Art. 4. In this case it will rest with the Judge, consideration had of the circumstances of the individual case, to avail himself of such means of intercourse as it may happen to afford; or, for want of such means, to proceed without the piece of evidence in question, or to dismiss the suit from the cognizance of the Dispatch Court.
Art. 5. Subject to re-examination in the oral mode, in case of need, at the discretion of the Judge, will be every piece of evidence elicited in the epistolary mode:—re-examination, that is to say, of the same examinee, with or without counter-evidence and corroborative evidence elicited from other sources.
Art. 6. Submitted, before issuing, to inspection and amendment on the part of the Judge, will be every piece of evidence so elicited in the epistolary mode, as above.
Art. 7. The Judge may, at his discretion, taking the sense of the parties, settle in terminis the answers required to be given by the examinee, in return to the epistolarily-uttered interrogatories. In this case, with the exception of the oath, the answer so returned will in its force be analogous to an affidavit: the species of evidence, affidavit evidence.
Art. 8. Example of a case in which, by reason of its simplicity, it may happen that the course thus chalked out may be pursued without evil consequence in the shape of deception and misdecision through falsehood, criminal or culpable,—authentication of a written instrument, by acknowledgment made by the examinee that a signature purporting to be his is really his.
Art. 29. Neither in respect of fabrication, nor in respect of utterance accompanied with evil consciousness, should forgery be presumed. Accordingly, every written instrument delivered as genuine, and as having been framed and signed without any invalidating circumstances, will be admitted, unless by some party to the suit, the existence or suspicion of its being tainted with forgery, or adopted under invalidating circumstances, be declared.
Art. 30. By invalidating circumstances, understand—I. Illegal force; 2. Fraud; 3. Blameless mistake.
Art. 31. Except as above, no evidence, personal, oral, or written, will be excluded, otherwise than for irrelevancy, and thence uninstructiveness.
Art. 32. Between the evidence of parties to the suit, or say party-witnesses or litigant-witnesses, and the evidence of extraneous witnesses, or say individuals who are not parties to the suit, no distinction will be made as to competency or trustworthiness.
Art. 32*. Why this provision?—Answer:
i. On the part of an extraneous witness, an interest not less strong, even in any degree stronger, than on the part of a party to the suit, may have place, not only without possibility of being proved, but without being so much as exposed to suspicion: hence, if on the score of interest, and for fear of deception by reason of it, the evidence of a party, or the evidence of a non-party known to have an interest in the suit, ought to be excluded, so ought all evidence whatsoever.
ii. Whatsoever be the value in dispute on the occasion of the suit, the seductive force of pecuniary interest will depend, not on the absolute quantum of the value, but upon its relative value, relation had to the pecuniary and other circumstances of the individual in question.
iii. The force of the seductive interest in question being the same (suppose) in both cases, its tendency to produce deception will be much less in the case of a party witness than in the case of a non-party witness. Why?—Because in the case of the party witness, the Judge is aware of it, and of course upon his guard against it: in the case of the non-party-witness, not.
iv. Under the existing system, in cases in which the seductive force of interest is at its maximum, and the mischief producible by it also at its maximum, the evidence of a single witness has commanded, and may at any time command the decision: instances more than one have had place, in which a man has been put to death for murder on the single evidence of an accomplice, purchased by impunity with a thousand pounds reward, promised in case of conviction and not otherwise: nor in these cases did any doubt in respect of the guiltiness of the sufferer anywhere manifest itself.
v. Under the existing system, in cases in which no seductive force in any shape is known to have place, the mere name of interest in a pecuniary shape,—namely, the eventual expectation of a profit amounting to no more than a minute fraction of the value of the smallest denomination of coin, necessitates exclusion: in here and there a particular instance, the bar has been removed by a statute on purpose; but with these exceptions, it remains unremovable.
vi. Scarcely in any other than the pecuniary shape is interest received as a cause of exclusion. By no other attractive force than that of money is a man’s testimony capable of being drawn aside from the path of sincerity: and by that attractive force of money, though it be next to nothing, every man’s testimony is sure to be thus drawn aside. Such, in relation to this matter, are the maxims on the ground of which the existing system has been established.
Art. 33. In regard to priority of elicitation, as between co-demandants, defendants, and extraneous witnesses respectively, the Judge will in each individual case be guided by the circumstances of that same case: employing in the first place his endeavours to elicit with the utmost prudentially practicable promptitude, or say with the minimum of useless delay, each piece of evidence: in the next place, his caution in not giving to any piece of evidence publicity in such sort as to give mendacity-assisting instruction to subsequently-about-to-be-elicited evidence: regard being also had to the convenience of all persons concerned in respect of times of attendance.