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Front Page Titles (by Subject) Section 9.: Mischief 5— Furnishing pretence for Misrule by Abuse of Prerogative. - The Works of Jeremy Bentham, vol. 5 (Scotch Reform, Real Property, Codification Petitions)
Section 9.: Mischief 5— Furnishing pretence for Misrule by Abuse of Prerogative. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 5 (Scotch Reform, Real Property, Codification Petitions) [1843]Edition used: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
- Advertisement.
- 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
- Advertisement.
- 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.
- Appendix.
- 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.
- Advertisement.
- 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.
Section 9.
Mischief 5—Furnishing pretence for Misrule by Abuse of Prerogative.
If, to any persons who, with such a tale in their mouths, should presume to call themselves, as if for distinction’s sake, king’s friends, any credit could be due, not merely the life of a single female, but the internal peace of a great nation, and with it lives, in numbers that defy all limits, have for years stood predestinated to eventual sacrifice by a sort of Jephthah’s vow.
What does not belong to the present purpose is the pretencelessness of the application: what does belong to it is the principle: and such is the principle, that under and by virtue of it, with religion on his lips and wickedness in his heart, there exists not that system of tyranny and misrule, which a king might not find or make for himself an equally good warrant for the perpetration of,—make for himself, by an apparent obligation, covering a real licence.
At the pleasure of the wearer, adamant or gossamer,—such are the chains imposed by that sort of law, of which the directive part being composed of vague generalities, the sanctionative part is composed of the ceremony of an oath.
1. That the course taken by government ought to be determined—not by the exigenries of the existing times, but by the exigencies, to any degree different, of times to any degree remote—
2. That, in matters of law and government, men ought to hold themselves precluded from the use of reason, and from the benefit of experience—
3. That, for the governance of the living, the proper heads and hands are—not those of the living but those of the dead—
4. That, by an idle and universally contemned ceremony (for such it will be seen to be, as often as destitute of support from punishment it is seen to stand alone)—that, by a trick thus flimsy, it ought to be considered as being in the power of improbity or folly, in one disastrous moment, to preclude all imperfection from improvement, all injury from reparation—all abuse from correction—all mischief from remedy—all wickedness from repentance.
Opinions such as these, supposing it possible for them to be sincere—might surely of themselves, without anything more insane, if anything could be more insane, be considered as creating, on the ground of insanity, a necessity for taking the reins of government out of the hands of a monarch upon whom they could be proved.
Co-extensive with that portion, to which, in the field of administration and legislation, it applied by direct words, an opinion of this sort would, if delivered in the character of a deliberate and determined rule of action, be an act of actual abdication; and, in relation to the remaining part of the field, consideration had of its utter and irreconcilable incompatibility with good government, ought it not to be considered as having, by necessary inference, virtually the same effect?
Come when it will, is this of the number of those doctrines which are got up for the time? No, verily—but of those which apply to all times or to none.
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