Front Page Titles (by Subject) Section 4.: Recognition of its Inutility by Lords and Commons. - The Works of Jeremy Bentham, vol. 5 (Scotch Reform, Real Property, Codification Petitions)
Section 4.: Recognition of its Inutility by Lords and Commons. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 5 (Scotch Reform, Real Property, Codification Petitions) 
The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 5.
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- Scotch Reform; Considered With Reference to the Plan Proposed In the Late Parliament, For the Regulation of the Courts and the Administration of Justice In Scotland: With Illustrations From English Non-reform: In the Course of Which, Divers Imperfectio
- Letters to Lord Grenville, On the Proposed Reform In the Administration of Civil Justice In Scotland.
- Letter I.
- Letter II.: Proposed Division of the Court of Session.
- Letter III.: Proposed System of Pleading.
- Letter IV.: Proposed Trial By Jury.
- Letter V.: On the Bill Called Lord Eldon’s.
- Summary View of the Plan of a Judicatory, Under the Name of the Court of Lords’ Delegates, Proposed For the Exercise of Those Judicial Functions, the Adequate Discharge of Which By the Whole House Has, For These Six Or Seven Years, Been Rendered Confe
- The Elements of the Art of Packing, As Applied to Special Juries, Particularly In Cases of Libel Law.
- Advertisement to the First Edition.
- Part I.
- Chapter I.: Occasion of This Work.
- Chapter II.: Juries—their Use As a Check to Judges.
- Chapter III.: The Check How Done Away By Influence.
- Chapter IV.: Special Juries, a Special Engine of Corruption.
- Chapter V.: Jury Unanimity Increases the Corruption.
- Chapter VI.: Purposes to Which Influence On Juries May Be Made Subservient.
- Chapter VII.: Chief Purpose, Crushing the Liberty of the Press.
- Chapter VIII.: The Exchequer Packing Office Suffices.
- Chapter IX.: Instruments For Crushing the Liberty of the Press.
- Chapter X.: Want of Adequate Obsequiousness Morally Impossible.
- Chapter XI.: Such Juries Worse Than None.
- Part II.: State of the Packing System, Anno 1808.
- Chapter I.: Introduction—two Reforming Shrievalties.
- Chapter II.: The Sheriff to the Lord Chief Baron—notices.
- Chapter III.: Lord Chief Baron to Sheriff Sir Richard Phillips—avowries and Defences.
- Chapter IV.: Observations On the Lord Chief Baron’s Defences.
- Chapter V.: Special Jury Corruption—devices By Which It Was Protected.
- Chapter VI.: Learned Advice From the Temple.
- Chapter VII.: Advice From Lincoln’s-inn.
- Chapter VIII.: Maxims Concerning Reform, Deduced From the Above Letter.
- Chapter IX.: Transactions At the Remembrancer’s.
- Part III.: State of the Packing System, Anno 1809.
- Chapter I.: Commons’ Debate, 24 Th April 1809. Packing and Cutting.
- Chapter II.: Double-fee Abuse, Plain and Embroidered.
- Part IV.—: Remedies Proposed. *
- Chapter I.: Humble Proposal For Restoring the Constitution In Regard to Juries.
- Chapter II.: State of Jury Package In Scotland.
- Chapter III.: Humble Proposal For Restoring the Authority of Parliament.
- “swear Not At All:” Containing an Exposure of the Needlessness and Mischievousness, As Well As Anti-christianity of the Ceremony of an Oath: a View of the Parliamentary Recognition of Its Needlessness, Implied In the Practice of Both Houses; a
- Editor’s Note
- Swear Not At All. Mat. V. 34.
- Section 1.: Oath. Incongruity of the Assumption, On Which Its Supposed Beneficial Efficiency Is Grounded.
- Section 2.: Mischievousness of This Instrument Considered In a General Point of View.
- Section 3.: Its Inefficiency In the Character of a Security Against Deceptious Incorrectness and Incompleteness In Evidence.
- Section 4.: Recognition of Its Inutility By Lords and Commons.
- Section 5.: Mischiefs —1. Contributing to the Mendacity-licence Granted By Judges.
- Section 6.: Mischief 2— Weakening In Various Ways the Efficiency of the Laws.
- Section 7.: Mischief 3— Bewildering and Enslaving the Consciences of Jurymen.
- Section 8.: Mischief 4— Giving Aid and Force to the Enterprises of Malefactors.
- Section 9.: Mischief 5— Furnishing Pretence For Misrule By Abuse of Prerogative.
- Section 10.: Misrule, How to Perpetuate—coronation Oaths Amended.
- Section 11.: Mischief 6— Corrupting the National Morals and Understanding—oxford University Oaths.
- Section 12.: Mischief 6 Continued. —ii. Cambridge Oaths.
- Section 13.: Practice of Receiving Judicial Oaths, Its Repugnancy to the Precepts of Jesus.
- Section 14.: Succedanea—true Securities Substitutible to This False One.
- Section 15.: Cause and Origin of the Practice In Regard to Oaths.
- Truth Versus Ashhurst; Or, Law As It Is, Contrasted With What It Is Said to Be.
- The King Against Edmonds and Others: Set Down For Trial, At Warwick, On the 29 Th of March 1820.
- The King Against Sir Charles Wolseley, Baronet, and Joseph Harrison, Schoolmaster, Set Down For Trial, At Chester, On the 4 Th of April 1820.
- Official Aptitude Maximized; Expense Minimized: As Shown In the Several Papers Comprised In This Volume.
- Paper I.—
- Paper II.—: Introductory View, &c.
- Paper III.—: Extract From the Proposed Constitutional Code; Entitled, Official Aptitude Maximized—expense Minimized. By Jeremy Bentham, Esq. Bencher of Lincoln’s Inn.
- Paper IV.—: Supplement to the Above Extract.
- Paper V.—: Defence of Economy Against the Right Honourable Edmund Burke.
- Paper VI.—: Defence of Economy Against the Right Honourable George Rose.
- Paper VII.: Observations On Mr. Secretary Peel’s House of Commons Speech, 21 St March 1825, Introducing His Police Magistrates’ Salary Raising Bill, ( Date of Order For Printing, 24 Th March 1825.)
- Paper VIII.: Indications Respecting Lord Eldon, Including History of the Pending Judges’-salary-raising Measure.
- Paper IX.—: On the Militia.
- Paper X.: On Public Account Keeping.
- Paper XI.: Constitutional Code—table of Contents As Shown By Titles of Chapter and Sections.
- Commentary On Mr. Humphreys’ Real Property Code, By Jeremy Bentham. From the Westminster Review, No. XII., For October 1826.
- *∗* the Following Note Was Prefixed to the Article By the Editor of the Westminster Review: —
- Commentary On Humphreys’ Real Property Code.
- I.: Deed of Sale.
- II.: Deed of Mortgage. 1
- III.: Marriage Settlement Deed.
- Outline of a Plan of a General Register of Real Property: Contained In a Communication to the Commissioners Appointed Under Letters Patent, of Date the 6 Th June 1828, to Inquire Into the Law of England Respecting Real Property, and First Printed I
- Justice and Codification Petitions: Being Forms Proposed For Signature By All Persons Whose Desire It Is to See Justice No Longer Sold, Delayed, Or Denied: and to Obtain a Possibility of That Knowledge of the Law, In Proportion to the Want of Which T
- Justice and Codification Petitions.
- Preliminary Explanations Necessary to Be First Read.
- Petition For Justice.
- Abridged Petition For Justice.
- More Abridged Petition For Justice.
- Supplement, Which May Be Added Or Not to Any One of the Three Or Any Other Proposed Petition.
- Petition For Codification.
- Lord Brougham Displayed: Including I. Boa Constrictor, Alias Helluo Curiarum; II. Observations On the Bankruptcy Court Bill, Now Ripened Into an Act; III. Extracts From Proposed Constitutional Code.
Recognition of its Inutility by Lords and Commons.
By the House of Commons is exercised,—if, in appearance, relation had to the two other component branches of the sovereignty, no more than a co-equal, or in some respects even inferior—in effect and experience a universally superintending and thereby superior, authority in every department of government. If, in legislation, it possesses but one out of three shares, yet, by the exclusive origination of the measures necessary to the giving to the body politic its daily bread, that share is in effect (corruptive influence apart) rendered little less than the whole.
Over the acts, and thereby over the persons, of the possessors of the several powers belonging to the administrative department, the person of the monarch alone excepted, it possesses that controul and superiority which is constituted by the direct as well as exclusive right of prosecution, and the virtual power of dismission; including, to the extent of the suffering by loss of office and its emolument, the power of punishment: so likewise over the possessors of the powers belonging to judicature, with the exception of the few persons in whose instances the virtual power of dismission requires the concurrence of the House of Lords.
Be this rough outline more or less correct, on the manner more or less fit, in which these several powers are exercised, depends, day by day, not only the well-being, but the very being of the state.
On the correctness and completeness of the conception formed in relation to the several matters of fact, on which the acts done in the exercise of these several powers are grounded, and thence on the correctness and completeness of the mass of evidence, from which in each instance that conception is deduced, depends, in each instance, the propriety or impropriety, the salutariness or the mischievousness, of the exercise given to those powers.
All this while,—in so far as, concerning what a man thinks it right for him to do, any inference can be drawn from what he does,—of all those several operations, on each of which the life of the body politic is no less continually dependent than that of the body natural on respiration, not one is there to which, in the opinion of that assembly, any necessary security against deceptions incorrectness or incompleteness, is by this ceremony afforded—any useful service rendered.
Here then comes the inference—dispute it that man, by whom any the faintest colour of reason to combat it with can be found. Either by both these sets of trustees for the rest of the community, their respective trusts have on every occasion been betrayed;—betrayed by the Commons, by their not assuming this power—by the Lords, by their not conceding it;—or, on every occasion, to the purpose of ascertaining facts by evidence, in the opinion of both these authorities, the ceremony of an oath is needless.
The proceeding for which a ground is to be made—will it be said, that, when it is of comparatively inconsiderable importance, then indeed the fitness of the proceeding does depend upon the goodness of the ground, but in the case where it is of the highest importance, not? This and nothing less must be maintained—maintained by him by whom the justness of the above inference is stated as open to dispute.