The Online Library of Liberty

A project of Liberty Fund, Inc.

• 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.
• Introduction.
• 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.
• Preface.
• Preamble.
• 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.
• Introduction.
• 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.
• Preamble.
• 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.
• Conclusion.

Section 2.—

Electors, who.

Art. I. Saving as per Article VI. Every male person, in whose favour a written instrument in the form in Article IV. described by the name of a Vote-making Certificate, shall, by the persons therein described, have been signed in manner therein mentioned,—shall, in and for the election district to which, according to the description given in Sections 9 and 10, he appertains, be entitled to deliver his vote, as per Section 9, at the Election of a Representative of the People for that same district.

Art. II. To be valid, such vote-making certificate must be signed by three persons, styled Vote-makers.

Art. III. No person can be a Vote-maker, unless he or she has been a householder, occupier of a household within the election district in question, for and during at least [twenty-six weeks] next before the day on which the certificate is signed.

For the arrangements established for determining what habitation shall to this purpose be deemed a household, see Section 10.

Art. IV. Here follows the form of a vote-making certificate:†

Election district [NA].

Polling district [NA].

This is a Vote-making Certificate, made to serve for the ensuing Parliament, which is to meet on the 1st day of January in the year 1822.

The day on which it is made is the [NA] of [NA] [1821.]

The person to whom it is to give a vote is [NA].

The persons, by whose declaration, as hereinafter expressed, this certificate, and thereby the vote, are given, are we, whose names and descriptions are here, by our several hands respectively, immediately underwritten, in the alphabetical order of our surnames; to wit,

[NA]

[NA]

[NA]

That which we hereby certify is, that, according to the several true declarations following, as contained in the nine numbered paragraphs following, he the said [NA] is entitled to give a vote, in the polling district above mentioned, on the election of a Member to serve for the election district above mentioned, in the above-mentioned ensuing Parliament.

“1. At the house of [NA] above written, on the day above written, on or about [NA] of the clock in the [NA] we, whose names and descriptions are above written, did write them: to wit, each of us his own name and description, in the sight, and at the same time in the hearing, of the two others.

“2. In our sight and hearing is now present the above-mentioned [NA]. His name and description, his name being herein and now immediately written by his own hand, here follows, to wit [NA] Inmate in the household whereof the above-mentioned [NA] is householder.

“3. He declares to us, that in the above-mentioned household, to wit [NA], for upwards of [four] weeks together, ending with the commencement of this day, he has been [an inmate.] It is our belief, that this his declaration is true.

“4. He declares to us, that he is upwards of twenty-one years of age. It is our belief, that this his declaration is true.

“5. In the sight and hearing of all of us together, he has read aloud the whole of the printed part of this certificate.

“6. Also, divers lines, pitched upon by us at random in the act of parliament, by which this certificate is required.

“7. It is the sincere belief of every one of us, that the lines so pitched upon by us were really read by him, and that they had not, any of them, been committed by him to memory, for the purpose of their falsely appearing to be read. They were not, in any part, repeated by him from the mouth of any other person.

“8. From the manner of his reading, as above, we do believe him capable of reading any portion of the ‘New Testament,’ as printed in the English language.

“9. He has, in like manner, in our presence, signed the declaration following: ‘I do hereby seriously, deliberately, and solemnly, declare and promise to my fellow-countrymen, as follows:—

Declaration.—1. ‘When, at the approaching election, by means of this certificate, I have given my vote, I never will declare, nor otherwise endeavour to make known, to any person whatsoever, directly or indirectly, either for or against what proposed Member such my vote was given.

‘2. Should any question be ever put to me, any one word said to me, or any sign made to me, having for its object the causing me so to make known my vote; every such question, word, or sign, I shall consider, as the law considers it, as an attempt at oppression.

‘I do hereby declare, that under the sense of such oppression, no more reliance ought to be placed on anything I say, than if the same were addressed by me to a robber, or to a person insane, for the purpose of saving, from immediate destruction, my own life, or that of some person dear to me. Witness my hand. [NA].’ ”

Art. V. Here follow the Instructions, as to the mode of obtaining and making use of this blank certificate:—

Of this certificate, in its blank state, two copies are delivered at the same time, from the polling office of the polling district at which the vote is to be given, to, or to the use of, the proposed voter. When filled up, they are, by him or some person on his behalf, presented at the office.

At the office, one of them, if found correctly filled up, is delivered back, to the end that, at polling time, it may, on being presented by him, procure him admission to the place where he is to deliver his vote. The other is left at the office. They are to be filled up, each of them in the same words.

For issuing out blank certificates, and receiving them when filled up, the hours of attendance at the office are—in the forenoon from [NA] to [NA]; and in the afternoon from [NA] to [NA].

Art. VI. No person, who, during the whole or any part of the time of his residence in any such household as aforesaid, shall have been either officer or private, in any branch of his Majesty’s military service, by land or water, in such sort as to be subject to martial law,—shall, in respect of such residence be entitled to a vote, unless during the whole of such time he shall have been the householder thereof: nor accordingly shall any vote-making certificate in his favour be received at the polling office, unless, in the appointed place, the word*householder is inserted.

[† ]For greater clearness, here follows an exemplification of a vote-making certificate when filled up; names of persons being, of course, feigned names:—

Election district, St. George’s.

Polling district, Out ward.

This is a Vote-making Certificate, made to serve for the ensuing Parliament, which is to meet on the 1st day of January, in the year 1822.

The day on which it is made is the 22d of October, 1821.

The person, to whom it is to give a vote, is George Simpson, Arabella Row, No. 10.

The persons by whose declarations, as hereinafter expressed, this certificate, and thereby the vote, are given, are we, whose names and descriptions are here, by our several hands respectively, immediately underwritten, in the alphabetical order of our surnames; viz.

Jackson, Thomas, Arabella Row, No. 19, householder and carpenter. Householder, within the above-mentioned election district, for upwards of twenty-six weeks, ending this day.

Laleham, Samuel, James Street, No. 10, householder and glazier. Householder, within the above-mentioned election district, for upwards of twenty-six weeks, ending this day.

Williams, Joseph, James Street, No. 20, householder and carpenter. Householder, within the above-mentioned election district, for upwards of twenty-six weeks, ending this day.

That which we hereby certify is—that according to the several true declarations following, as contained in the nine numbered paragraphs following, he the said George Simpson is entitled to give a vote in the polling district above mentioned, on the election of a Member to serve for the election district above mentioned, in the above-mentioned ensuing Parliament.

I. At the house of Samuel Laleham, above written, on the day above written, on or about eleven of the clock in the forenoon, we whose names and descriptions are above written, did write them; to wit, each of us his own name and description, in the sight, and at the same time in the hearing of the two others.

II. In our sight and hearing is now present the above-mentioned George Simpson. His name and description, his name being herein and now immediately written by his own hand, here follows, to wit,

George Simpson, glazier, Arabella Row, No. 10. Inmate in the household, whereof the above-mentioned Samuel Laleham is householder.

III. He declares to us, that, in the above-mentioned household, to wit, Arabella Row, No. 10, for upwards of four weeks together, ending with the commencement of this day, 22d of October 1821, he has been an inmate. It is our belief that this his declaration is true.

IV. He declares to us, that he is upwards of 21 years of age. It is our belief that this his declaration is true.

V. In the sight and hearing of all of us together, he has read aloud the whole of the printed part of this certificate.

VI. Also, divers lines, pitched upon by us at random in the act of Parliament, by which this certificate is required.

VII. It is the sincere belief of every one of us, that the lines so pitched upon by us were really read by him, and that they had not, any of them, been committed by him to memory, for the purpose of their falsely appearing to be read. They were not in any part repeated by him from the mouth of any other person.

VIII. From the manner of his reading, as above, we do believe him capable of reading any portion of the “New Testament,” as printed in the English language.

IX. He has, in like manner, in our presence, signed the declaration following:—“I do hereby seriously, deliberately, and solemnly declare and promise to my fellow-countrymen, as follows:—

Declaration.—“1. When, at the approaching election, by means of this certificate, I have given my vote, I never will declare, nor otherwise endeavour to make known to any person whatsoever, directly or indirectly, either for or against what proposed Member such my vote was given.

“2. Should any question be ever put to me, any one word said to me, or any sign made to me, having for its object the causing me so to make known my vote; every such question, word, or sign, I shall consider, as the law considers it, as an attempt at oppression.

“I do hereby declare, that under the sense of such oppression, no more reliance ought to be placed on anything I say, than if the same were addressed by me to a robber, or to a person insane, for the purpose of saving, from immediate destruction, my own life, or that of some person dear to me. Witness my hand.

“George Simpson.”

Here ends the exemplification of a filled-up vote-making certificate.

Of the direction for giving the alphabetical order to the names of the certifiers, the use is to prevent dispute, whether from mutual civility, or from claim of right.

[* ]To prevent the votes of the resident voters from being, in particular districts, outnumbered by soldiers or sailors, stationed with or without such design, in large bodies.