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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.

Part of: The Works of Jeremy Bentham, 11 vols.

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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.