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Subject Area: Political Theory
Subject Area: Law

Bentham to Sir Thomas Trowbridge. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 10 (Memoirs Part I and Correspondence) [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. 10.

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

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Bentham to Sir Thomas Trowbridge.

“On the occasion of the Navy Abuse Bill, I observe questions among the gentlemen of the Long Robe, on the subject of one of the clauses, which they say is a very cruel one, because the tendency of it is to make a man criminate himself.

“Their tenderness has suggested to me the following queries, to which it would be a great satisfaction to my mind if any such gentlemen, or any other, would have the goodness to furnish me with an answer.

“The Lord Chancellor hears causes every day, in the course of which a man is compelled, by his Lordship’s authority, to disclose facts, the effect of which is to deprive him of the whole of his estate; of the whole, at least, of that which, without impeachment of his probity, he has always looked upon as his. Query—How much greater is the hardship of being made, by the same means, to give such part of the estate a man calls his own, as he has acquired by a fraud upon the public, than that of giving up the whole of what a man possesses without fraud?

“Was there ever an instance, since the beginning of time, in which this rule was of any the smallest use to a man that was not guilty? Is it in the nature of things that it ever should be? A man who feels himself innocent—is he not anxious, on every occasion, as he values his character, to receive the benefit of it?

“Wherein consists the humanity of letting go the guilty, that thus they may keep on triumphing in guilt, preying upon the public, and injuring the innocent?

“Could any mortal alive ever find anything else to say in favour of this rule of common law—a rule, observed in some instances, and not observed in others—than that of its being established?

“Is there anything that should prevent the Legislature from suspending or even repealing in toto, if they should see cause, a rule that, when first laid down, was laid, God knows when, by God knows who, and for no reason that has ever been assigned by anybody?

“If it be so good a thing that a man should not be compelled or allowed to criminate himself, would it not be a still better thing, if nobody else were ever to be made to criminate him? A man’s passion for bearing false witness against himself, is it so violent that it would be dangerous to allow him the means of gratifying it?