Front Page Titles (by Subject) Section 14.: Succedanea—True Securities substitutible to this false one. - The Works of Jeremy Bentham, vol. 5 (Scotch Reform, Real Property, Codification Petitions)
Section 14.: Succedanea—True Securities substitutible to this false one. - 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.
Succedanea—True Securities substitutible to this false one.
Mendacity is an instrument applicable to the purpose of every wrong. Punished in any one instance, why should it be left unpunished in any other? Punished, in the character of an instrument of delinquency employed in the commission, perpetrated or attempted, of an offence,—in what proportion should it be punished but according to the nature of the offence?
Should the prevention of wrongs—should the prevention of offences—be purposely left to accident? Then, to the prevention of wrongs, in the commission of which mendacity has been or would be employed as an instrument, the application of punishment should be purposely left, as at present, to accident.
Mendacity is not an uniform offence: it changes its colour according to the nature and substance of the offence to which it is rendered or endeavoured to be rendered subservient. Mendacity, employed in drawing down upon an innocent head the destroying sword of justice, is murder: murder, encompassed with all its correspondent terror. Mendacity, employed in the obtainment of money, is but depredation. Yet, while predatory mendacity is punished with death, the punishment for the murderous mendacity is in comparison but a flea-bite.
The principle being admitted, the application presents no difficulty. By apt description, performed in and by one all-comprehensive rule or short series of rules, the punishment destined for mendacity might, without difficulty, be attached to it, in every case in which testimony comes to be received for any legal purpose:—in every case, those included, in which, under the existing system, it would be thought fit to employ, for the purpose, the ceremony of an oath.
For any warning, that might be thought requisite to be given,—given, viz. by the denunciation of the eventual punishment, as at present by the ceremony,—for any such warning, magistracy—public functionary—there needs none. With or without reference to those denunciations, of which so strong and ample a provision is to be found in the sacred books,—a formulary being provided by the legislator, for pointing out the punishment to the notice of the person in whose testimony he had an interest, any the humblest individual would not be less competent than the highest-seated magistrate.
Judicature, grounded on testimony, delivered before mutually chosen arbitrators sitting in the seat of natural procedure, might in this case, and, if not purposely debarred from it, would—receive that adoption, which at present is in effect refused to it—granted but in pretence.
For the eventual punishment to attach,—and, for that purpose, to distinguish legal investigation from simple conversation,—a short formulary might be pre-appointed.
Not that at present, under the existing system, any such tutelary caution is provided. For mendacity employed to no worse purpose than fraudulent and unterrific depredation, mendacity is in various cases, and without any such warning, punished with death: witness personation; witness, in an infinitely diversified set of instances, forgery.
In the state of things thus ventured to be proposed, another amendment much wanted might be made with as little difficulty. Falsehood, though not accompanied with that evil consciousness which in common speech gives it the epithet of wilful,—which in one word gives it the name of mendacity, and, if preceded by the ceremony, the name of perjury,—might, if accompanied with blame in another shape—in a shape, in which, in the language of the Roman school, blame, on the occasion of whatsoever mode of delinquency imputable, receives, and not unaptly, the name of temerity,—might be subjected to punishment, according to the degree of blame.
At present, under the system of oaths and perjuries, mis-statement, from whatsoever cause—mis-statement, in what degree soever mischievous and blameable—is either perjury or nothing. What is the consequence? That, where it has not been accompanied with that evil consciousness, but has been accompanied with temerity—with that heat and passion by which adequate reflection has been excluded,—it is either, under the name of perjury, punished on a false ground and to excess, or—what is more common and not less pernicious—left unpunished at least, if not successful and triumphant.