The Online Library of Liberty

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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.
• 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 7.—

Voters’ Titles Pre-established.

Art. I. The following are the evils, for the avoidance of which the arrangements in this Section are ordained:—

1. Vexation and consumption of time, in the proof of claims to the right of suffrage, and in contestations respecting it.

2. In case of disagreement, eventual litigation, with the vexation and expense attached to it.

3. Consumption of time in such sort as incidentally to produce non-election or null-election; or at least the excluding of persons in number more or less considerable, from the exercise of their rights of suffrage.

4. In case householders’ votes alone are by law admitted, intrusion of inmates’ votes.

For the avoidance of these evils, it has been thought good that, antecedently to the day of voting, the title of each voter shall have been established.

Art. II. For this purpose, at each polling office, three several register books are to be kept; namely—

1. The application book. In this book, entries are made of applications made for blank vote-making certificates.

2. The voters’ book. In this book, persons, by or for whom application is made as voters, are set down in the alphabetical order of their surnames.

3. The filled-up certificate book. This book is composed of the duplicates of the vote-making certificates in the state they are in when filled up. They are kept in the office, to form a standard of comparison for the corresponding duplicates, when produced on the polling day, in support of each person’s claim to be admitted to vote.

Art. III. [ ] days at the least before the appointed polling day, to enable himself to give a vote, the proposed voter must take out two copies of a blank form of a vote-making certificate, as per Section 2.

The place at which he applies for this purpose, is the polling office of the polling district within which the habitation in respect of which he proposes to vote is situated.

He may apply in person, or by any person appearing for him, as agent for this purpose.

In the application book, before the blank certificates are delivered, entry is made of the name and habitation of the proposed voter, on whose behalf the application is made.

The description given of his name is that which is prescribed in Section 2.

The description given of the habitation is that which is prescribed in Section 10.

If the applicant is the proposed voter himself, note of his being so is taken, by entering under the word application, with which one column of each page in the book is headed, the word personal; adding, as per Sections 9 and 10, the description as given by him of the habitation in respect of which he claims to vote: also whether as householder or as inmate.

If he be any other person, then, under the words application by agent, with which another column in the same page is headed, are inserted the name and habitation of the proposed voter; as also the name and abode of the agent.*

To each such entry is prefixed an indication of the year, month, and day of the month on which the application was made: also the name of the applicant, signed by him.

This done, on payment of [3d.] for each, the blank certificates are delivered.

Art. IV. The use of the voters’ book is to exhibit the names of voters in alphabetical order, that being the only order in which reference can at all times, without loss of time, be made.

Whenever a pair of blank certificates has been delivered, and entry has accordingly been made in the application book, as per Article III,—the name of the proposed ovter is entered in this book, according to the situation of his surname in the alphabet.

In a line with it are written the words certificate delivered, together with the month and day of the month, and the page in the application book.

For each of these indications, a column, headed accordingly, is provided.

Art. V. The instruments being thus delivered, [ ] days at the least before the day of election, the proposed voter must come in and produce them at the polling office, by himself or agent, filled up as per Section 2.

These the clerk examines; and if he finds the duplicates sufficiently conformable to each other, and to the directions contained in the tenor of them, as per Section 2, he returns one of them forthwith to the person by whom it was produced.

But first he writes or stamps on it the words Examinedand found correct, and re-delivered, to be used in giving the vote: together with the month, the day of the month, and his signature.

The other he retains for the use of the office. It constitutes a page in the book called the filled-up certificate book.

He attests it in like manner; and, instead of the words Examined and found correct, and re-delivered, &c. he writes or stamps on it the words, The duplicate hereof was examined, found correct, and re-delivered, to be produced on giving the vote.

Art. VI. For remedy against misconception, error, or fraud, in the composition of vote-making certificates, it is thus ordained:—

If in either duplicate of a pair of filled-up certificates, any error is observed by the clerk, intimation of such error, and of the alteration necessary for correction, is afforded by him.

It is expressed by entries briefly made in the margin of the instrument, and authenticated with signature and date, as per Article V.

If the correction thus required be of such a sort as that, for the prevention of fraud, it is in his judgment necessary that a fresh meeting of the vote-makers should have place,—he thereupon, after entry made of the errors and of the alterations requisite, gives intimation of such necessity, and of the cause thereof, to the person applying, and writes or stamps upon the paper the words, A fresh meeting is required.

If in his judgment such fresh meeting is not necessary, he stamps or writes the words A fresh meeting is not required.

If in his judgment, consideration being had of the state of the errors, and the situation, quantity, and quality, of the corrections requisite, the same instrument cannot conveniently be made to serve,—he delivers a fresh blank instrument, having first written or stamped on the corrected instrument, the words, Returned for Returned for incorrectness asabove explained; fresh pair of blank certificates at the same time delivered:—with date and attestation as above.

If in one only of the duplicates error requiring correction is observed, he retains for the filled-up certificate book, the correct duplicate. But, for the memorandums, instead of the words, Duplicate hereof found correct, and re-delivered to be produced on giving the vote, he inserts the words, This duplicate found correct: the other found incorrect, and re-delivered for correction.

If in both duplicates error requiring correction is observed, he returns them both, noted as above.

In this case he delivers blank certificates, or not, as the case may require.

Art. VII. For remedy against accidental loss or defacement of vote-making certificates, before or after filling up, it is thus provided:—

Suppose any such accident to have happened, the proposed voter, by himself or agent, makes application at the office for a fresh certificate, or fresh certificates, as the case may be.

He declares the nature of the accident: for example—Lost by accident, destroyed by accident, defaced by accident. If defaced and not lost, he produces it.

Of this declaration, entry is made in the application book, in the same manner as in the case of an original application.

For such entry the same fee is paid.

Such application may be made more than once: but if, from the number of successive applications, already made by or in behalf of the same proposed voter, it should appear to the clerk that it was through sinister design, or wantonness, that they were made, delivery may be and ought to be refused by him.

In this case, entry shall be made by him, noting the number of the times, and adding, Delivery refused on suspicion of sinister design or wantonness.

So likewise, if it be suspected by him that a person, applying in the name and character of a proposed voter, is not such proposed voter, but an impostor:

Or that a person, applying in the name and behalf of a proposed voter, was not authorised by him:

In all these cases he shall, in the application book, make entry of the ground on which, as above, delivery was refused.

Art. VIII. On payment of a fee of [3d.] for the whole, these and all other books of the office are, in office-hours, open to the inspection of all persons, so far as may be without hindrance to the more material parts of the business.

[* ]In this, as in other cases, powers for extraction of evidence would be necessary to the persons charged with the inquiry. But, as the details would occupy much room, and would contain little that is peculiar to the present case, they are not here inserted. One thing, almost peculiar to the present case, is—that the object of the inquiry is to administer benefits, namely, rights of suffrage to those who are the subjects of it, and not burthens, as in the case of taxes. Hence, instead of being shrunk from, the inquiry would generally, if not universally speaking, be met with alacrity.