The Online Library of Liberty

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• Introduction
• Jeremy Bentham and James Mill
• Rationale of Judicial Evidence
• Analysis of the Phenomena of the Human Mind
• Botanical Writings 1840–61
• Calendar of Odours April 1840
• Rare Plants In West Surrey June 1841
• Isatis Tinctoria June 1841
• Notes On Plants Growing In the Neighbourhood of Guildford, Surrey August 1841
• Cnicus Forsteri September 1841
• Additional Guildford Stations September 1841
• Polygonum Dumetorum November 1841
• Rarer Plants of the Isle of Wight November 1841
• Corrections and Additions In Mr. Mill’s List of Plants In the Isle of Wight January 1842
• The Phytologist; a Botanical Magazine December 1843
• Notes On the Species of Oenanthe February 1845
• Correction of an Error In the “notes On the Species of Oenanthe” April 1845
• Observations On Isatis Tinctoria and Other Plants May 1856
• Plants Growing Wild In the District of Luxford’s Reigate Florajune 1856
• Note On West Surrey Plants July 1856
• Reigate Plants October 1856
• Plants Growing On and Near Blackheath April 1857
• Late (early?) Flowering Plants: Plants In Flower In the District of Eltham and Chiselhurst, In November, 1857 January 1858
• Hutchinsia Petraea May 1858
• Leucojum Aestivum July 1858
• Clifton Plants July 1858
• Plants On Sherborn Sands, Blackheath, and Other Stations September 1858
• Some Derbyshire Plants September 1858
• Linaria Purpurea September 1858
• Faversham Plants October 1858
• Lepidium Ruderale April 1859
• Wallflower Growing On the Living Rock May 1860
• Spring Flowers of the South of Europe: Remarks On Some of the Spring Flowers of the South of Europe, and On Their Representatives In the British Isles October 1860
• Botany of Spain. a Few Days’ Botanizing In the North-eastern Provinces of Spain, In April and May, 1860 August 1861-february 1862
• Verbascum Thapsiforme October 1862
• Medical Reviews 1834, 1842
• Dr. King’s Lecture On the Study of Anatomy November 1834
• Carpenter’s Physiology January 1842
• Appendices
• Appendix A: Wills and Deed of Gift 1853-72
• Appendix B: the Vixen, and Circassia April 1837
• Appendix C: The Spanish Question July 1837
• Appendix D: Questions Before the Select Committee On Metropolitan Local Government 1867
• Appendix E: Mill At the Political Economy Club 1840-65
• Appendix F: Textual Emendations
• Appendix G: Index of Persons, and Works Cited, With Variants and Notes

NOTE ON THE BELGIC CODE¹⁰²

It is probable, though not clearly apparent on the face of the code, that the words reproché and gewraakt refer to the old rule of the Roman law, by which the evidence of two witnesses is conclusive evidence (plena probatio) in certain cases:¹⁰³ and the meaning of these phrases probably is, that a witness belonging to any of the classes above enumerated, shall not be considered a witness to that purpose, viz. the purpose of forming a plena probatio, in conjunction with one other witness. If this be the meaning of the apparently exclusionary rule, it tends, pro tanto, to diminish the mischievousness of the monstrous principle of law to which it constitutes an exception.

It seems that the parties themselves cannot be heard in evidence under this code; with this exception, however, that a party may be required to admit or deny his own signature; and several other exceptions closely resembling the juramentum expurgatorium and the juramentum suppletorium of the Roman law, which have already been explained.¹⁰⁴

Appendix G

Index of Persons, and Works Cited, with Variants and Notes

like most nineteenth-century authors, Mill is cavalier in his approach to sources, sometimes identifying them with insufficient care, and occasionally quoting them inaccurately. This Appendix is intended to help correct these deficiencies, and to serve as an index of names and titles (which are consequently omitted in the Index proper). Included here also are (at the end of the appendix and listed alphabetically by country) references to parliamentary documents and to statute laws. The material otherwise is arranged in alphabetical order, with an entry for each person or work reviewed, quoted, or referred to in the text proper and in Appendices A-E (the page numbers in the appendices are given in italic type). Anonymous articles in newspapers are entered in order of date under the title of the particular newspaper. References to mythical and fictional characters are excluded. The following abbreviations are used: ADB (Allgemeine deutsche Biographie), DBF, (Dictionnaire de biographie française), DBI (Deutscher Biographischer Index), DNB (Dictionary of National Biography), EB (Encyclopaedia Britannica, 11th ed.), EUI (Enciclopedia Universal Ilustrada); GDU (Larousse, Grand dictionnaire universel du XIXe siècle), GE (Grande encyclopédie), JMP (Judd, Members of Parliament), MEB (Boase, Modern English Biography), PD (Parliamentary Debates), PP (Parliamentary Papers), SC (JSM’s library, Somerville College, Oxford), WWBMP (Who’s Who of British Members of Parliament), WWG (Who Was Who in the Greek World), WWR (Who Was Who in the Roman World).

The entries take the following form:

1. Identification of persons: birth and death dates are followed by a standard biographical source; if no source isated, available details are given in a note.

2. Identification of works: author, title, etc. in the usual bibliographic form.

3. Notes (if required) giving information about JSM’s use of the source, indication if the work is in his library, Somerville College, Oxford, and any other relevant information.

4. Lists of the pages where works are reviewed, quoted, and referred to.

5. In the case of quotations, a list of substantive variants between Mill’s text and his source, in this form: Page and line reference to the present text. Reading in the present text] Reading in the source (page reference in the source).

The list of substantive variants also attempts to place quoted passages in their contexts by giving the beginnings and endings of sentences. The original wording is supplied where Mill has omitted two sentences or less; only the length of other omissions is given. There being uncertainty about the actual Classical texts used by Mill, the Loeb editions are usually cited.

Abbott, Charles (Baron Tenterden) (1762-1832; DNB). Speech in the Debate on the Bill of Pains and Penalties (1 Sept., 1820; Lords), PD, n.s. Vol. 2, cols. 1183-4.

referred to: 81

Abbott, Thomas Kingsmill (1829-1913).

note: see Who Was Who, 1897-1916, ed. J.D. Comrie (London: Black, 1920).

referred to: 156

— Sight and Touch: An Attempt to Disprove the Received (or Berkeleian) Theory of Vision. London: Longman, et al., 1864.

referred to: 156

Abd-er-rahman (d. 1832).

note: the reference is in a quotation from Klaproth.

referred to:355

Aberdeen, Lord. See George Gordon.

Ahmed Khan (the Ousmai) (fl. 1741). Referred to: 353

Ahmed Khan (of Shunketén) (fl. 1741). Referred to: 353

Alison, Archibald (1757-1839; DNB). Essays on the Nature and Principles of Taste. Edinburgh: Bell and Bradfute; London: Robinson, 1790.

note: in SC.

referred to: 222-3

Alison, Archibald (1792-1867; DNB). “The Spanish Contest,” Blackwood’s Edinburgh Magazine, XLI (May 1837), 573-99.

referred to:379

Alvanley, Lord. See William Arden.

The Andalusian Annual. Ed. Michael Burke Honan. 2nd ed. London: Macrone, 1837.

note: called in the text the Andalusian Sketchbook.

reviewed:359-88

Anne (of England) (1665-1714; DNB). Referred to: 304, 367

Anon.A Geographical, Statistical and Commercial Account of the Russian Ports of the Black Sea, the Sea of Asoph and the Danube: Also an Official Report of the European Commerce of Russian in 1835. From the German. London: Schloss, and Richardson, 1837.

reviewed:345-58

Anon. “Notes of a Day’s Botanizing about Tring, Herts, June 29, 1855,” Phytologist, n.s. I (Sept. 1855), 105-8.

referred to: 267

Anon.The Policy of England towards Spain, Considered Chiefly with Reference to “A Review of the Social and Political State of the Basque Provinces, and a Few Remarks on Recent Events in Spain, &c., by an English Nobleman.” London: Ridgway, 1837.

note: the English nobleman is identified in this work as Lord Carnarvon. The anonymous author is referred to at 364 by Walton, who is replying to him, as “my gallant countryman.”

reviewed:359-88

quoted:382, 383, 383-4

382.34 “resolves] [paragraph] The question, then, stripped of its history and its poetry, and analysed with reference to the bearings upon it of public opinion in the Basque provinces, resolves (24)

383.5 “The] [no paragraph] The (22)

Arden, William (Lord Alvanley) (1789-1849). Speech on Spain—Lord John Hay’s Despatches (21 Apr., 1837; Lords), in Morning Chronicle, 22 Apr., 1837, 1.

note: see Cockayne’s Complete Peerage. The exact source of JSM’s quotation has not been located, but the report in the Morning Chronicle has similarities; also reported in PD, 3rd ser., Vol. 38, cols. 125-31.

quoted:370

Argüelles, Agustin (1776-1844). Referred to: 385

Aristotle (384-322 ; WWG). Referred to: 97, 103

— The Metaphysics (Greek and English). Trans. Hugh Tredennick. 2 vols. London: Heinemann; New York: Putnam’s Sons, 1933.

referred to: 103

— Physics (Greek and English). Trans. Philip H. Wicksteed and Francis M. Cornford. 2 vols. London: Heinemann; Cambridge, Mass.: Harvard University Press, 1929.

note: the reference is in a quotation from James Mill’s Fragment, q.v.

referred to: 227

— Posterior Analytics. In Posterior Analytics, Topica (Greek and English). Trans. Hugh Tredennick and E.S. Forster. London: Heinemann; Cambridge, Mass.: Harvard University Press, 1960, 24-261.

referred to: 103

Arnott, George Arnott Walker (1799-1868: DNB). Referred to: 317

Ayrton, Acton Smee (1816-86; DNB). Referred to: 390

Babington, Charles Cardale (1808-95; DNB). Manual of British Botany, Containing the Flowering Plants and Ferns Arranged According to the Natural Orders. London: Van Voorst, 1843.

note: 5th ed. (London, 1862) formerly in SC.

referred to: 284

Bacon, Francis (1561-1626; DNB). Maxims of the Law (1630). In Works. Ed. James Spedding, et al. 14 vols. London: Longman, et al., 1857-74, VII, 308-87.

note: the quotation is in a quotation from Phillipps, q.v. for the collation.

quoted: 80

Bailey, Samuel (1791-1870; DNB). Referred to: 156

— A Letter to a Philosopher, in Reply to Some Recent Attempts to Vindicate Berkeley’s Theory of Vision, and in Further Elucidation of Its Unsoundness. London: Ridgway, 1843.

referred to: 156

— A Review of Berkeley’s Theory of Vision, Designed to Show the Unsoundness of That Celebrated Speculation. London: Ridgway, 1842.

referred to: 156

Bain, Alexander (1818-1903; DNB). Referred to: 102, 103

— The Emotions and the Will (1859). 2nd ed. London: Longmans, Green, 1865.

referred to: 102, 138, 140-1, 155, 160, 178, 192, 251

— Mental and Moral Science. A Compendium of Psychology and Ethics. 2 vols. London: Longmans, Green, 1868.

quoted: 192

— Notes to James Mill’s Analysis.

referred to: 102, 103, 109, 111, 115, 116, 122, 138, 153, 155, 157, 158, 159, 160, 205, 214, 217, 218, 250, 251

— The Senses and the Intellect (1855). 2nd ed. London: Longmans, Green, 1864.

note: in SC is the 3rd ed. (London: Longmans, et al., 1868).

quoted: 172

referred to: 102, 122, 139, 140, 153, 164, 172, 192

172.18 “A] The superiority we soon find to connect itself with the changes due to our movements: a (381)

Bedford, John Thomas (1812-1900; MEB). Questioned: 401-2

Beethoven, Ludwig van (1770-1827; EB). Referred to: 222

Bélanger, Charles (1805-81; DBF). Voyage aux Indes-Orientales par le nord de l’Europe, les provinces du Caucase, la Géorgie, l’Arménie et la Perse, suivi de détails topographiques, statistiques et autres sur le Pégou, les Iles de Java, de Maurice et de Bourbon, sur le Cap de Bonne-Espérance et Sainte-Hélène, pendant les années 1825, 1826, 1827, 1828 et 1829. 4 vols. Paris: Bertrand, 1834-38.

reviewed:345-58

Bell, George.

note: George Bell and Co. (Glasgow and London) owned the Vixen.

referred to:347

Bentham, George (1800-84; DNB). Catalogue des plantes indigènes des Pyrénées et du Bas Languedoc, avec des notes et observations sur les espèces nouvelles ou peu connues; précédé d’une notice sur un voyage botanique fait dans les Pyrénées pendant l’été de 1825. Paris: Huzard, 1826.

referred to: 317

Bentham, Jeremy (1748-1832; DNB). Referred to: 3-92 passim

— “Bentham on Humphrey’s Property Code,” Westminster Review. VI (Oct. 1826), 446-507.

referred to: 9

— Plan of Parliamentary Reform, in the Form of a Catechism: with an Introduction, Showing the Necessity of Radical, and the Inadequacy of Moderate Reform (1817). In Works. Ed. John Bowring. 11 vols. Edinburgh: Tait; London: Simpkin, Marshall; Dublin: Cumming, 1843, III, 433-557.

note: the quotation (of the term “sinister interests”) is indirect.

quoted: 9

— Principles of International Law (1786-89). In Works, II, 535-71.

referred to: 11

— Principles of Judicial Procedure (1837). In Works, II, 1-188.

referred to: 21

— A Protest against Law-Taxes, Showing the Peculiar Mischievousness of All Such Impositions as Add to the Expense of Appeal to Justice (1795). In Works, II, 573-83.

referred to: 50

— Rationale of Judicial Evidence Specially Applied to English Practice. Ed. J.S. Mill. 5 vols. London: Hunt and Clarke, 1827.

note: in SC. In Works, VI-VII.

quoted: 28

referred to: 3-92 passim

28.21 “any] [paragraph] Taking this, for argument’s sake, as a complete list of primum mobiles (and I am inclined to think it would not be found to be very far from a complete one), any (III, 287)

28.23 impossible:”] impossible: the existence of any such motion or any given body upon or near any part of the earth’s surface, for and during any given space of time, an impossible fact. (III, 287)

— Traité des preuves judiciaires, Ouvrage extrait des manuscrits de M. Jérémie Bentham, jurisconsulte anglais. Ed. Pierre Etienne Louis Dumont. 2 vols. Paris: Bossange, 1823.

referred to: 3, 13, 51, 57

— A Treatise on Judicial Evidence, Extracted from the Manuscripts of Jeremy Bentham Esq. by M. Dumont. Translated into English. London: Baldwin, Cradock and Joy, 1825.

quoted: 13-14, 17, 60

referred to: 3, 14-15, 57

Berkeley, George (1685-1753; DNB). Referred to: 156

— An Essay towards a New Theory of Vision (1709). In Works. 3 vols. London: Priestley, 1820, I, 225-316.

referred to: 156, 163

Bernard, Jean Frédéric (d. 1752). Recueil de voyages au nord, contenant divers mémoires très utiles au commerce et à la navigation. 10 vols. Amsterdam: Bernard, 1715-38.

note: the passage is in “Relation de la Colchide, ou Mingrellie, par le P. Archange Lamberti,” VII, 136-302.

quoted:352

352.2-5 “Each . . . leg.”] [translated from:] C’étoient des casques, des cuirasses, et des brassars faits de plusieurs petites lastres de fer, couchées les unes sur les autres: celles de la cuirasse et des brassars r’entroient les unes sur les autres et obeïssoient ainsi aisément aux mouvemens du corps. A la cuirasse étoit attachée une espece de cotte qui leur alloit jusqu’à mi-jambe, d’une étoffe de laine semblable à notre serge, mais d’un rouge si vif, qu’on l’eut prise pour de très-belle escarlotte. (VII, 180-1)

Bertoloni, Antonio.Flora italica, sistens plantas in Italia et in insulis circumstantibus sponte nascentes. 10 vols. Bologna: Masi, 1833-54.

referred to: 299

Best, William Draper (Baron Wynford) (1767-1845; DNB). Referred to: 81

Bible.

note: the reference at 361 is in a quotation.

referred to: 77, 361

— Apocrypha: Susanna. Referred to: 293

— John.

note: the quotation is indirect.

quoted: 63

63.12-13 Whence comes it that any one loves darkness better than light, except it be that his deeds are evil?] And this is the condemnation, that light is come into the world, and men loved darkness rather than light, because their deeds were evil. (3:19)

— Matthew.

note: the quotation is indirect.

quoted: 9

9.25-6 signs of the times,] O ye hypocrites, ye can discern the face of the sky; but can ye not discern the signs of the times? (16:3)

— Zechariah.

note: the quotation is indirect; attributed in the text to St. Paul.

quoted:386

386.10-11 Despise not the day of small things.] For who hath despised the day of small things? for they shall rejoice, and shall see the plummet in the hand of Zerubbabel with those seven; they are the eyes of the Lord, which run to and fro through the whole earth. (4:10)

Blackburne, Francis (1705-87; DNB). Referred to: 20

— The Confessional; or, A Full and Free Inquiry into the Right, Utility, Edification and Success of Establishing Systematical Confessions of Faith and Doctrine in Protestant Churches. London: Bladon, 1766.

referred to: 20

Boissier, Pierre Edmond (1810-85; GE). Voyage botanique dans le midi de l’Espagne pendant l’année 1837. 2 vols. Paris: Gide, 1839, 1845.

referred to: 290, 315

Bontems, John Francis.

note: member of Common Council, Corporation of London.

questioned:398

The Book of Common Prayer.

note: the reference is to the Thirty-Nine Articles.

referred to: 20

Bourgoing, Adolphe de.

note: a steady partisan of Don Carlos.

referred to:384

— L’Espagne; souvenirs de 1823 et de 1833. Paris: Dufart, 1834.

quoted:384

Braganza, Duke of. See Pedro IV.

Brewer, James Alexander (1818-86). A New Flora of the Neighbourhood of Reigate, Surrey, Containing the Flowering Plants and Ferns of the District, with Their Localities, Times of Flowering, etc. And a List of the Mosses. London: Pamplin, 1856.

note: in SC.

quoted: 275

referred to: 274-5

275.11-12 “in damp . . . Dorking,”] Damp . . . Dorking. (19)

275.20 “damp] Damp (123)

Brewster, David (1781-1868; DNB). “The Sight and How to See,” North British Review, XXVI (Nov. 1856), 145-84.

referred to: 156

British and Foreign Medical Review. Review of Carpenter’s Principles of General and Comparative Physiology, VII (Jan. 1839), 168-85.

referred to: 324

Brodrick, Charles (Archbishop of Cashel) (1761-1822). Referred to: 362

Brown, Thomas (1778-1820; DNB). Referred to: 96, 98

— Lectures on the Philosophy of the Human Mind (1820). 19th ed. Edinburgh: Black; London: Longman, 1851.

note: the reference at 237 is in a quotation from James Mill’s Fragment, q.v.

quoted: 96-7, 99

referred to: 98, 113, 237

Buller, Francis (1746-1800; DNB). An Introduction to the Law Relative to Trials at Nisi Prius. London: Bathurst, 1772.

quoted: 55

Burdett, Francis (1770-1844; DNB). Speech to a Deputation of the Electors of Westminster, in The Times, 6 May, 1837, 6.

note: the quotation is indirect.

quoted:362

referred to:362n

362n.4 unchanged] His course had always been the same; his conduct had been unchanged. (6)

Burke, Edmund (1729-97; DNB). Referred to: 106

— Reflections on the Revolution in France, and on the Proceedings in Certain Societies in London Relative to That Event. In a Letter Intended to Have Been Sent to a Gentleman in Paris (1790). In The Works of the Right Honourable Edmund Burke. 8 vols. London: Dodsley (Vols. I-III), Rivington (Vols. IV-VIII), 1792-1827, III, 19-321.

quoted: 106

106.9 a delightful vision.] [paragraph] It is now sixteen or seventeen years since I saw the queen of France, then the dauphiness, at Versailles; and surely never lighted on this orb, which she hardly seemed to touch, a more delightful vision. (110)

Calomarde, Francisco Tadeo (1773-1842; EUI). Referred to: 380

Candolle, Augustin Pyrame de.Prodromus systematis naturalis regni vegetabilis, sive enumeratio contracta ordinum generum specierumque plantarum huc usque cognitarum, juxta methodi naturalis normas digesta. 19 vols. Paris: Treuttel and Würtz, 1824-38 (Vols. I-VII); Fortin, Masson, 1844-45 (Vol. VIII); Masson, 1846-72 (Vols. IX-XIX).

referred to: 260, 281, 292, 303

Cardaillac, Jean Jacques Séverin de (1766-1845; DBF). Etudes élémentaires de philosophie. 2 vols. Paris: Firmin Didot, 1830.

note: the quotation, in translation, is taken from Hamilton’s Lectures, q.v. for the collation.

quoted: 193-6

Carlile, Richard (1790-1843; DNB). Referred to: 54

Carlos Maria Isidro de Bourbon, Don (1788-1855; EB).

note: the reference at 365n-6n is in a quotation from the Standard; that at 369 is in a quotation from Wellesley; that at 376 is in a quotation from the “Quadruple Treaty.”

referred to:359-88 passim

— “Royal Decree” (20 June, 1835), The Times, 2 July, 1835, 6.

note: quoted in English; also quoted in Walton, 153, q.v.

referred to:365n

Carnarvon, Lord. See Henry Herbert.

Caroline (of England) (1768-1821; DNB). Referred to: 81

Carpenter, Lant (1780-1840; DNB). Referred to: 324

Carpenter, William Benjamin (1813-85; DNB). Principles of General and Comparative Physiology, Intended as an Introduction to the Study of Human Physiology, and as a Guide to the Philosophical Pursuit of Natural History (1839). 2nd ed. London: Churchill, 1841.

reviewed: 323-4

— Principles of Human Physiology (1842). 6th ed. Ed. Henry Power. London: Churchill, 1864.

referred to: 106

Cartwright, John (1740-1824; DNB). Referred to: 367

Cashel, Archbishop of. See Charles Brodrick.

Castanon y Lorenzana, Federico (1770-1836; EB). Referred to: 377

Cavanilles, Antonio José.Icones et descriptiones plantarum, quae aut sponte in Hispania crescunt. 6 vols. Madrid: Royal Printer, 1791-1801.

referred to: 290

Cavendish, Henry (1731-1810; DNB). Referred to: 96

— “Experiments on Air, Read Jan. 15, 1784,” Philosophical Transactions of the Royal Society of London, LXXIV (1784), Pt. I, 119-53.

referred to: 96

Cervantes Saavedra, Miguel de (1547-1616; EB). The History and Adventures of the Renowned Don Quixote (in English, 1612). Trans. Tobias Smollett. 6th ed. 4 vols. London: Rivington, et al., 1792.

note: in SC.

referred to:380n

Chambers’ Cyclopaedia.

note: founded 1860.

referred to: 103

Charles Edward Louis Philip Casimir (the Young Pretender) (1720-88; DNB).

note: the reference is in a quotation from the Standard.

referred to:365n-6n

Chichester, Charles (1795-1847; DNB). Referred to: 371

Christopher, John.

note: Carlile’s shopman; had his pocket picked by Elizabeth Harpur.

referred to: 54

Chudleigh, Elizabeth (Countess of Bristol) (1720-88; DNB). Referred to: 40n

Churchill, Charles (1731-64; DNB). The Rosciad. London: Flexney, 1761.

quoted:385

385.25-6 To particles affix emphatic state, / While principles . . . wait.] With studied impropriety of speech, / He soars beyond the hackney critic’s reach; / To epithets allots emphatic state, / Whilst principles . . . wait: / In ways first trodden by himself excels, / And stands alone in indeclinables; / Conjunction, preposition, adverb, join / To stamp new vigour on the nervous line; / In monosyllables his thunders rowl, / He, she, it, and, we, ye, they fight the soul. (20-1; 519-28)

Churchill, John (Duke of Marlborough) (1650-1722; DNB). Referred to: 304

Cicero, Marcus Tullius (106-43 ; WWR). Referred to: 168

Cobbett, William (1762-1835; DNB). Referred to: 49

—, and John Bright, eds. The Parliamentary History of England, from the Norman Conquest, in 1066, to the Year 1803. 36 vols. London: Bagshaw, Longmans, 1806-20.

referred to:346, 361

Cockburn, Henry Thomas (Lord Cockburn) (1779-1854; DNB). “Office of the Public Prosecutor,” Edinburgh Review, XLII (Aug. 1825), 401-9.

referred to: 49

Coke, Edward (1552-1634; DNB). The First Part of the Institutes of the Lawes of England; or, A Commentarie upon Littleton. London: Society of Stationers, 1628.

note: the quotation (repeated) is indirect.

quoted: 42, 43

referred to: 82

Cole, Henry (1808-82; DNB). Referred to: 259

Coleridge, Samuel Taylor (1772-1834; DNB). “On the Principles of Sound Criticism Concerning the Fine Arts, Deduced from Those Which Animate and Guide the True Artist in Productions of His Works.” In Joseph Cottle, Early Recollections; Chiefly Relating to the Late Samuel Taylor Coleridge, during His Long Residence in Bristol. 2 vols. London: Longman, et al., 1837, II, 201-40.

referred to: 223

— Second Lay Sermon [“Blessed are ye that sow beside all waters”] (1817). 2nd ed. In On the Constitution of Church and State, and Lay Sermons. London: Pickering, 1839, 303-430.

note: in SC. The quotation is indirect.

quoted: 50

Colman, Archibald.

note: JSM’s nephew.

referred to:331, 332

Colman, Charles Frederick.

note: JSM’s brother-in-law.

referred to:331, 332

Colman, Henry.

note: JSM’s nephew.

referred to:331, 332

Colman, Mary Elizabeth (née Mill) (1822-1913).

note: JSM’s sister.

referred to:331, 332

Colman, Marion (“Minnie”).

note: JSM’s niece.

referred to:331, 332

Colman, Stuart.

note: JSM’s nephew.

referred to:331, 332

Comyns, John (d. 1740; DNB). A Digest of the Laws of England (1762-67). Ed. Anthony Hammond. 5th ed. 8 vols. London: Butterworth, et al., 1822.

note: this ed. used in Bowring’s ed. of Bentham’s Works.

referred to: 24

Conolly, Arthur (1807-42). Journey to the North of India, Overland from England, through Russia, Persia, and Affghaunistaun. 2 vols. London: Bentley, 1834.

quoted:352

Consolidated Treaty Series. See Clive Parry.

Cook, Samuel Edward (later Widdrington) (1787-1856; MEB). Sketches in Spain during the Years 1829, 30, 31, & 32; Containing Notices of Some Districts Very Little Known; of the Manners of the People, Government, Recent Changes, Commerce, Fine Arts, and Natural History. 2 vols. London: Boone, 1834.

note: incorrectly identified in heading as J. Cook; title-page incorrectly reads S.S. Cook.

reviewed:359-88

quoted:386

386.15 “The Queen’s party comprises, almost without exception, every] The party who support the Queen are not a mere faction, but it comprises every (I, 330)

Copernicus, Nicolaus (1473-1543; EB). De revolutionibus orbium coelestium libri VI. Nuremberg: Petreium, 1543.

referred to: 164-5

Corrie, William (1806-81; MEB). Questioned: 389-90, 398-401

Curtis, William (1746-99; DNB). Flora Londinensis; or, Plates and Descriptions of Such Plants as Grow Wild in the Environs of London. 2 vols. London: Curtis and White, 1775-98.

referred to: 278

Dallas, Robert (1756-1824; DNB). Referred to: 81

Darwin, Erasmus (1731-1802; DNB). Referred to: 98

— Zoonomia; or, The Laws of Organic Life (1794-96). 3rd ed. 4 vols. London: Johnson, 1801.

note: in SC.

referred to: 98

De Meer, Ramon (Baron) (b. 1787). Referred to: 372

Denman, Thomas (1779-1854; DNB). Referred to: 7, 59, 60

— “Law of Evidence: Criminal Procedure: Publicity,” Edinburgh Review, XL (Mar. 1824), 169-207.

quoted: 51-2, 59, 60, 61, 62, 65, 66, 67

referred to: 7, 57-62

51.30 Take] [no paragraph] Take (176)

52.11 pursuer [qu. prisoner?] if] pursuer if (177)

59.22 odious: but] odious: But (186)

60.33 “a conclusive] [paragraph] Most people perhaps will think this answer a conclusive (184)

61.33-4 “might . . . with . . . reasonings:”] [paragraph] M. Dumont’s remonstrance might . . . by . . . reasonings, directed against the chapter we have just transcribed, no one of the positions of which could perhaps endure a strict examination; but we shall be contented with the single and very obvious remark, that the author evidently presumes the guilt from the accusation. (184-5)

61.36-7 “single . . . accusation:”] [see preceding entry]

65.3 yet not entirely . . . on] We think, however, that all such communications ought to be sacred; and we should also propose to disqualify married persons as witnesses, for or against each other, yet not entirely on (178-9)

65.5-7 applies; . . . for] applies; for (179)

66.30-1 “the . . . charge”] And the . . . charge, for the purpose of obtaining that result, is warmly preferred to it. (187)

67.23 “a middle] Between the opposite methods of compulsive interrogation, and an indiscriminate injunction of silence, common sense suggests a middle (191)

Desfontaines, René Louiche (1750-1833). Catalogus plantarum Horti Regii Parisiensis, cum annotationibus de plantis novis aut minus cognitus. 3rd ed. Paris: Chaudé, 1829.

referred to: 300

Dionysius of Halicarnassus (fl. 30-8 ; WWR). The Roman Antiquities (Greek and English). Trans. Earnest Cary. 7 vols. London: Heinemann; Cambridge, Mass.: Harvard University Press, 1937-63.

referred to: 44

Dumont, Pierre Etienne Louis (1759-1829; DBF).

note: see also Jeremey Bentham, Traité and Treatise.

referred to: 3

Dwyer (Sergeant-Major).

note: the reference is in a quotation from Shaw.

referred to:387, 387n

Egerton, Francis (previously Leveson-Gower, later Earl of Ellesmere) (1800-57; DNB), trans. Faust: a Drama, by Goethe, and Schiller’s Song of the Bell. London: Murray, 1823.

note: published under the name Francis Leveson-Gower.

referred to:365n

Eldon, Lord. See John Scott.

Elizabeth I (of England) (1533-1603; DNB). Referred to: 364

Ellenborough, Lord. See Edward Law.

Ellis, William (1800-81). Referred to: 327-36 passim

Espartero, Baldomero (1792-1879; EB). Referred to: 371, 372

Evans, George de Lacy (1787-1890; DNB).

note: the reference at 366n is in a quotation from the Standard; the second at 369 is in a quotation. from Wellesley; the first at 370 is in a quotation from Richardson; the second at 370 is in a quotation from Arden, that at 388 is in a quotation from Napier.

referred to:364-88 passim

— Farewell Speech to the Army, Morning Chronicle, 17 June, 1837, 3.

referred to:372

Ferdinand VII (of Spain) (1784-1833; EB).

note: husband of Maria Christina; father of Isabella II; brother of Don Carlos. The references at 384-5 are in a quotation from de Bourgoing, the second at 385 is in a quotation from Inglis, that at 386 is in a quotation from Cook.

referred to:380, 384, 384-5, 385, 386

Finch, Heneage (Earl of Aylesford) (1647?-1719; DNB). Referred to: 58

Findlater, Andrew (1810-85; DNB). Referred to: 103

— Notes to James Mill’s Analysis.

referred to: 103, 133

Foster, John (Baron Oriel) (1740-1828; DNB). Referred to: 49

Fox, Caroline (1819-71; DNB). Referred to: 257, 345

— Memories of Old Friends, Being Extracts from the Journals and Letters of Caroline Fox, from 1835 to 1871. Ed. H.N. Pym. 2nd ed. 2 vols. London: Smith, Elder, 1882.

quoted: 257, 345

French (Mr.).

note: not allowed to appear as a witness in the Earl of Warwick’s trial.

referred to: 56

Gaerber, Johann Gustav. “Nachrichten von denen an der westlichen Seite der Caspischen See zwischen Astrachan und dem Flusse Kur befindlichen Völkern und Landschaften, und von derselben Zustande in dem Jahre 1728.” In Sammlung russischer Geschichte. Ed. Gerhard Friedrich Müller. 9 vols. St. Petersburg: Kayserl. Academie der Wissenschaften, 1732-64, IV, 1-147.

note: see Rottiers.

referred to:357n

Galiano, António Alcalá (1789-1865).

note: appears in the text as Galliano. See EUI under Alcalá.

referred to:385

Galilei, Galileo (1565-1642; EB). Dialogo . . . sopra i due massimi sistemi del mondo tolemaico, e copernicano. Florence: Landini, 1632.

referred to: 164-5

— Sidereus nuncius. Venice: Baglionum, 1610.

referred to: 164-5

Galliano. See Galiano.

Galvani, Luigi (1737-98; EB). “De viribis electricitatis in motu musculari commentarius,” De Bononiensi Scientiarum et Artium Instituto atque Academia Commentarii (1791), VII, 363-418.

referred to: 28

Gambier, James (Baron) (1756-1833; DNB). Referred to: 363

Gay, John (1699-1745; DNB). Referred to: 98

— Dissertation Concerning the Fundamental Principle and Immediate Criterion ofVirtue, as Also the Obligation to, and Approbation of It. With Some Account of the Origin of the Passions and Affections. Prefixed to William King (1650-1729), Essay on the Origin of Evil. Cambridge: Thurlbourn, 1731.

referred to: 355, 356, 357

George III (of England) (1738-1820; DNB). Referred to: 364

Giéra, Paul (1816-61; EB). Referred to: 337, 338, 339, 340

Gilbert, Geoffrey.The Law of Evidence (1717). 2nd ed. London: Owen, 1760.

quoted: 41, 83

referred to: 7n

41.28 nobody . . . verdict, who had . . . contrary:] [paragraph] But this Rule of giving Verdicts in Evidence on the same Point, is to be taken with great Restriction; for no Body . . . Verdict that had . . . contrary; and therefore if a Termor for Years had recover’d against B. the Reversioner might give such Verdict in Evidence, for B. has no Prejudice, because he hath the Liberty to Cross-examine the Witnesses, and to attaint the Jury, and ’tis fit the Reversioner should make use of the Verdict, and have Benefit by it, since he had been dispossess’d by the Verdict, if it had gone against the Termor, and therefore he may offer it in Evidence; so if there were Tenant for Life, the Reversion in Fee, and B. brings his Action in Ejectment against the Tenant for Life, and a Verdict is given against the Plaintiff, it seems that the Reversioner might have given this in Evidence against B. because he would have been prejudiced in Case B. had recovered, for his Reversion would have been turned to a naked Right in him. (34-5)

83.3-4 “a diagram” . . . “for the demonstration of right”] [paragraph] And first of Records: These are the Memorials of the Legislature, and of the King’s Courts of Justice, and are authentick beyond all Manner of Contradiction: They are (if a Man may be permitted a Simile from another Science) the proper Diagrams for the Demonstration of Right, and they do constantly preserve the Memory of the Matter that it is ever permanent and obvious to the View, and to be seen at any Time in all the Certainty of Demonstration, in as much as the Record, as is observed elsewhere, can never be proved* [footnote: *More notorious.] per notiora, for Demonstration is only appealing to a Man’s own Conceptions, which can never be done with more Conviction than where you draw the Consequence, from what is already^† [footnote.^†Granted.] concessum, and consequently, there can be no greater Demonstration in a Court of Justice, than to appeal to its own Transactions. (7)

Gladstone, William Ewart (1809-98; DNB). Referred to: 168

Godwin, William (1756-1836; DNB). Things As They Are; or, The Adventures of Caleb Williams (1794). 4th ed. 3 vols. London: Simpkin and Marshall, 1816.

note: in SC.

quoted: 59

Goethe, Johann Wolfgang von (1749-1832; EB). Faust (1808, 1833).

note: as the reference is to the translation by Egerton (q.v.), no edition is cited.

referred to:365n

Gordon, George Hamilton (Earl of Aberdeen) (1784-1860; DNB). Referred to: 381

Goulburn, Henry (1784-1856). Referred to: 361

Gregson, Robert S.

note: JSM’s solicitor; not otherwise identified.

referred to:328, 337

Grenier, Charles (1808-75; DBF), and Dominique Alexandre Godron (1807-80; DBF). Flore de France, ou Description des plantes qui croissent naturellement en France et en Corse. 3 vols. Paris: Baillière, 1848-56.

referred to: 284, 286, 294, 299, 300, 303, 304, 305, 313

Grey, Charles (Earl) (1764-1845; DNB).

note: the reference is to his administration.

referred to:386

Grey, William de (1st Baron Walsingham) (1719-81; DNB).

note: the quotation is in a quotation from Phillipps, taken from Howell, State Trials.

quoted: 40

Grote, George (1794-1871; DNB). Referred to: 100, 103

— “John Stuart Mill on the Philosophy of Sir Wm. Hamilton,” Westminster and Foreign Quarterly Review, LXXXV (Jan. 1866), 1-39.

referred to: 100

— Notes to James Mill’s Analysis.

referred to: 103

Guibelalde, Bartolomé (fl. 1837).

note: the reference is in a quotation from Wellesley.

referred to:369

Gussone, Giovanni.Florae siculae synopsis exhibens plantas vasculares in Sicilia insulisque adjacentibus huc usque detectas. Secundum systema Linneanum dispositas. 2 vols. Naples: Tramater, 1842-43.

referred to: 295, 297, 302

Hall, Herbert Byng (1805-83; MEB). Spain; and the Seat of War in Spain. London: Colburn, 1837.

referred to:372

Hamilton, William (1788-1856; DNB). Referred to: 117, 150

— “Dissertations on Reid.” In The Works of Thomas Reid. Ed. William Hamilton. Edinburgh: Maclachlan and Stewart; London: Longman, et al., 1846, 910-17.

referred to: 121, 155

— Lectures on Metaphysics and Logic. Ed. Henry Longueville Mansel and John Veitch. 4 vols. Edinburgh and London: Blackwood, 1859-60.

note: the quotation is of Hamilton’s rendering of Cardaillac’s Etudes, q.v.

quoted: 193-6

referred to: 117, 118

193.30 attain.] attain. [footnote omitted] (II, 250)

193.41 setting out] departing (II, 251)

194.11 explained. . . .] explained.”^α [footnote indicator missing in 1st ed., but footnote—here omitted—to Cardaillac. There is no ellipsis in Hamilton’s text, but he was omitting a passage from Cardaillac, as Mill indicates by his marks of ellipsis] (II, 252)

194.15 thought.] thought. [footnote omitted] (II, 252)

195.3 consciousness. . . .] consciousness.” [footnote to Cardaillac omitted; no gap in Hamilton, whose own words follow, but Mill is indicating an omission from Cardaillac, quotation from whom recommences in the next paragraph] (II, 254)

195.8 effect, which] effect, and which (II, 254)

195.26 occupied by] occupied with (II, 255)

195.42 acting.] acting. [footnote omitted] (II, 256)

196.43 habit.”] habit.” [footnote omitted] (II, 258)

Hanson, William.

note: of Reigate; not otherwise identified.

referred to: 270

Hanway, Jonas (1712-86; DNB). An Historical Account of the British Trade over the Caspian Sea: with the Author’s Journal of Travels from England through Russia into Persia; and back through Russia, Germany and Holland. To Which Are Added, The Revolutions of Persia during the Present Century, with the Particular History of the Great Usurper Nadir Kouli (1753). 2nd ed. 2 vols. London: Osborne, et al., 1754.

note: this would appear to be the ed. cited. Vol. II, from which the quotation comes, is entitled: TheRevolutions of Persia: Containing the Reign of Shah Sultan Hussein; the Invasion of the Afghans and the Reigns of Sultan Mir Maghmud and His Successor Sultan Ashreff; with the History of the Celebrated Usurper Nadir Kouli, from His Birth in 1687, ’till His Death in 1747; and Some Particulars of the Unfortunate Reign of His Successor Adil Shah.

quoted:353

353.27 Horda] tribe^e [footnote:] ^eHorda. (II, 411)

353.28 Beg] lord^f [footnote:] ^fBeg. (II, 411)

353.23 Karack or Karacarta] Carack^g [footnote:] ^gThese I presume are the Caracaita, who distressed Nadir’s army so much. (II, 411)

353.33-4 In the . . . 2,500] [entered on one line, with total 3,000] (II, 411)

353.35 In Gedat . . . 1,000] [entered on one line, with total 6,000] (II, 411)

353.37 66,200] 66,200^h] [footnote:] ^hThis number seems greatly to exceed what these people have been generally thought able to bring into the field, tho’ the several divisions of them may have easily created mistakes as to their strength. (II, 411)

Hardinge, Henry (Viscount) (1785-1856; DNB).

note: the reference at 368 is in a quotation from Ward.

referred to:362, 368

— Speech on the Affairs of Spain (17 Apr., 1837; Commons), PD, 3rd ser., Vol. 37, cols. 1329-33.

note: also reported in Morning Chronicle, 18 Apr., 1837, 2, from which the quotation appears to have been taken. The reference at 368 is in a quotation from Ward.

quoted:362

referred to:367, 368

Hardwicke, Lord. See Philip Yorke.

Harrison, Samuel Bealey (1802-67; MEB). Evidence: Forming a Title of the Code of Legal Proceedings, According to the Plan Proposed by Crofton Uniacke, Esq. London: Butterworth, 1825.

quoted: 75, 76, 86

referred to: 7n

76.17-30 “By accounting . . . tolls . . . [paragraph] By paying tithes . . . tithes. [paragraph] Where . . . rector . . . [paragraph] In . . . title . . . end. [paragraph] In an action of ejectment . . . expired.”] 16. By accounting . . . tolls . . . [paragraph] 17. By paying tithes . . . tithes. [paragraph] 18. By receiving tithes, a clergyman precludes himself from disputing the fact of his being the parson, in an action against him for non-residence. [paragraph] 19. Where . . . rector . . . [paragraph] 20. In . . . title . . . end. [paragraph] 21. By submitting to a distress for rent, stated in the notice of distress to be due from the defendant as tenant to the distrainer, a defendant in an action of use and occupation, admits the tenancy, and is precluded from disputing the title of the plaintiff. [paragraph] 22. In actions of ejectment . . . expired. (9-10)

Hartley, David (1705-57; DNB). Referred to: 98, 99, 102

— Observations on Man, His Frame, His Duty, and His Expectations. 2 pts. Bath: Leake and Frederick; London: Hitch and Austen, 1749.

note: in SC.

referred to: 98, 99, 101-2, 118, 121-2, 139, 244-5

Hay, John (Lord) (1793-1851; DNB).

note: the reference at 369 is in a quotation from Wellesley.

referred to:369, 378

Haywood, William (1821-94; DNB). Questioned: 398

Heineccius, Johann Gottlieb (1681-1741; ADB). Elementa juris civilis, secundum ordinem institutionum et pandectarum (1727). In Operum ad universam juris prudentiam. 8 vols. Geneva: Cramer Heirs and Philibert Bros., 1744-49, V, 1-812.

note: in SC.

referred to: 92

Helvétius, Claude Adrien (1715-71; GDU). De l’esprit. Paris: Durand, 1758.

referred to:367

Henri IV (of France) (1553-1610; GDU). Referred to: 372

Heraclius II (of Georgia) (d. 1798; EB). Referred to: 349

Herbert, Henry John George (Earl of Carnarvon) (1800-49; DNB). Portugal and Gallicia, with a Review of the Social and Political State of the Basque Provinces: and a Few Remarks on Recent Events in Spain. 2 vols. London: Murray, 1836.

referred to:381

Herodotus (ca. 484-420 ; WWG). Herodotus (Greek and English). Trans. A.D. Godley. 4 vols. London: Heinemann; New York: Putnam’s Sons, 1926-30.

note: this ed. used for ease of reference. Two Greek and Latin eds. (Glasgow: Foulis, 1761; and Edinburgh: Laing, 1806) formerly in SC.

quoted:350n

referred to:350n

Hobbes, Thomas (1588-1679; DNB). Referred to: 97, 129, 134, 150

— “Computation or Logic” (in Latin, 1655). Part I of Elements of Philosophy: The First Section, Concerning Body. In The English Works of Thomas Hobbes: Ed. William Molesworth. 11 vols. London: Bohn, 1839-45, I, 1-90.

referred to: 137, 181

— Leviathan; or, The Matter, Form, and Power of a Commonwealth Ecclesiastical and Civil (1651). In Works, III.

referred to: 129, 129-30, 133

Holman, Henry Martin. “Additions to Luxford’s Reigate Flora,” Phytologist, I (Sept. 1841), 51-4.

referred to: 268n, 271

Holme-Sumner, George (1760-1838; JMP). Speech on Commitments by Magistrates (2 Mar., 1824; Commons), PD, n.s. Vol. X, cols. 646-7.

referred to: 48

— Speech on Commitments and Convictions (27 May, 1824; Commons), PD, n.s. Vol. XI, col. 908.

referred to: 48

Holroyd, George Sowley (1758-1831; DNB). Referred to: 81

Holt, John (1642-1710; DNB). Referred to: 58

Homer (ca. 700 ; WWG). The Iliad (Greek and English). Trans. Augustus Taber Murray. 2 vols. London: Heinemann; Cambridge, Mass.: Harvard University Press, 1924.

note: formerly in SC was Iliad and Odyssey (Greek), 2 vols. (Oxford, 1800).

referred to: 132

— The Odyssey (Greek and English). Trans. Augustus Taber Murray. 2 vols. London: Heinemann; New York: Putnam’s Sons, 1919.

note: formerly in SC was Iliad and Odyssey (Greek), 2 vols. (Oxford, 1800).

referred to: 132

Hooker, William Jackson (1785-1865; DNB). Referred to: 280

— British Flora; Comprising the Phaenogamous, or Flowering Plants, and the Ferns (1830). 6th ed. London: Longman, et al., 1850.

referred to: 280

Horace (Quintus Horatius Flaccus) (65-8 ; WWR). Odes. In Odes and Epodes (Latin and English). Trans. C.E. Bennett. London: Heinemann; Cambridge, Mass.: Harvard University Press, 1964, 1-347.

quoted:362

362.5-6 Sumite . . . meritis.] Sume . . . meritis et mihi Delphica / lauro cinge volens, Melpomene, comam. (278; III, xxx, 14-16)

Howell, Thomas Bayley (1768-1815; DNB), and Thomas Jones Howell (d. 1858; DNB), eds. A Complete Collection of State Trials and Proceedings for High Treason and Other Crimes and Misdemeanours from the Earliest Period to the Year 1783, with Notes and Illustrations: Compiled by T.B. Howell, Esq., F.R.S., F.S.A., and Continued from the Year 1783 to the Present Time by Thomas Jones Howell, Esq. 34 vols. London: Longman, et al., 1809-28.

referred to: 40n, 49, 58

Humboldt, Friedrich Wilhelm Heinrich Alexander, Freiherr von (1769-1859; ADB). Referred to: 360

Hume, David (1711-76; DNB). Referred to: 98

— An Inquiry Concerning Human Understanding. In Essays and Treatises on Several Subjects (with this title, 1758). New ed. 2 vols. London: Cadell; Edinburgh: Bell and Bradfute, and Duncan, 1793, II, 17-183.

note: in SC. The reference is to Section X, “Of Miracles,” II, 124-47.

referred to: 31

— An Inquiry Concerning the Principles of Morals (1751). In Essays and Treatises, II, 222-376.

note: the reference is in a quotation from James Mill’s Fragment, q.v.

referred to: 237

Humphreys, James (d. 1830; DNB). Referred to: 9, 9n

— Observations on the Actual State of the English Laws of Real Property, with the Outlines of a Code. London: Murray, 1826.

referred to: 9, 9n

Hutcheson, Francis (1694-1746; DNB). “An Inquiry Concerning the Original of Our Ideas of Virtue or Moral Good.” In An Inquiry into the Original of Our Ideas of Beauty and Virtue; in Two Treatises. London: printed Darby, 1725, 99-276.

note: the reference is in a quotation from James Mill’s Fragment, q.v.

referred to: 237

Ibrahim Khan. See Muhammad Ibrahim Khan.

Inglis, Henry David (1795-1835; DNB). Referred to: 361, 381

— Rambles in the Footsteps of Don Quixote. London: Whittaker, 1837.

note: selections first published in Englishman’s Magazine as “Recent Rambles in the Footsteps of Don Quixote,” Nos 1-4 (Apr., May, June, and Aug., 1831). The DNB mistakenly attributes the articles to the New Monthly Magazine.

referred to:380n

— Spain. 2nd ed. 2 vols. London: Whittaker, 1837.

note: 1st ed. entitled Spain in 1830 (1831), q.v. The “new chapter” referred to is the “Introduction” to the 2nd ed., dated March 1837, but not signed; it is not by Inglis, who died in 1835, though he had projected a chapter “On the Present State and Prospects of the Peninsula” (xiii).

reviewed:359-88

quoted:382, 384, 385

382.26 matters] matter [sic] (I, 45)

384.7 I] [no paragraph] I (I, 20)

— Spain in 1830. 2 vols. London: Whittaker, 1831.

note: see the preceding entry.

referred to:380, 381

Irvine, Alexander (1793-1873; DNB). Referred to: 266

— “Address to the Contributors, etc.,” Phytologist, n.s. IV (Jan. 1860), 1-10.

note: the reference is to Irvine’s citation of John Sim, q.v.

referred to: 283

— British Botany. London: Phytologist, 1856-58.

note: issued in consecutively numbered fascicles with issues of the Phytologist.

referred to: 266, 267

— “Calamintha Nepeta, Clairv.,” Phytologist, n.s. II (June 1857), 131-2.

referred to: 282

— The Illustrated Handbook of the British Plants. London: Nelson, 1858.

referred to: 280

— Introduction to the Science of Botany. 5 pts. London: Nelson, 1858.

note: continuously paginated.

referred to: 280

Isabella (of Castile) (1451-1504; EB). Referred to: 305

Isabella II (of Spain) (1830-1904; EB).

note: the reference at 366n is in a quotation from the Standard; that at 367 is in a quotation from Ward; that at 369 is in a quotation from Wellesley; that at 376 is in a quotation from the “Quadruple Treaty”; that at 386 is in a quotation from Cook.

referred to:360-88 passim

Ismael Beg (d. ca. 1740).

note: appears as Ismael Bey in text.

referred to:349

Jeanne (of France and Navarre) (1273-1305; GDU).

note: Queen of Navarre, married Philip IV of France in 1284.

referred to:379

Jeffreys, George (Baron Jeffreys of Wem) (1648-89; DNB). Referred to: 58

Jerome, St. (ca. 340-420 ; EB).

note: the reference is to the ruined hermitage on Monserrat named after St. Jerome.

referred to: 309

Joanne, Adolphe Laurent (1823-81; GE). Itinéraire descriptif et historique des Pyrénées de l’Océan à la Méditerranée. Paris: Hachette, [1858].

quoted: 317

Jones, John.

note: a watchmaker, and a vestryman of the Strand district.

questioned:404-6

Kazi Mollah. See Gazi Muhammad.

King, Thomas (1802-39). The Substance of a Lecture Designed as an Introduction to the Study of Anatomy Considered as the Science of Organization; and Delivered at the Reopening of the School, Founded by the Late Joseph Brookes. October 1st, 1833. London: Longman, et al., 1834.

reviewed: 323

Kingston, Duchess of. See Elizabeth Chudleigh.

Klaproth, Heinrich Julius von (1783-1835). Tableau historique, géographique,ethnographique et politique du Caucase et des provinces limitrophes entre la Russie et la Perse. Paris: Ponthieu, 1827.

referred to:350n

— Travels in the Caucasus and Georgia, Performed in the Years 1807 and 1808, by Command of the Russian Government. Trans. F. Shoberl. London: Colburn, 1814.

referred to:351

— See also “Rapport officiel sur les opérations de guerre contre les montagnards Musulmans du Caucase.”

Koran.

note: the reference at 355 is in a quotation from Klaproth; that at 361 is in quoted verse.

referred to:354, 355, 361

Kunth, Carl Sigismund (1788-1850; ADB). Enumeratio plantarum omnium hucusque cognitarum, secundum familias naturales disposita, adjectis characteribus, differentiis et synonymis. 5 vols. in 6. Stuttgart and Tübingen: Cotta, 1833-50.

referred to: 292

Lafayette, Marie Jean Paul Roch Yves Gilbert du Motier, marquis de (1757-1834; GDU). Referred to: 174

Lamb, William (Lord Melbourne) (1779-1848; DNB).

note: the reference is in a quotation from Wellesley.

referred to:369

Laromiguière, Pierre (1756-1837; GDU). Referred to: 134

— Leçons de philosophie sur les principes de l’intelligence ou sur les causes et sur les origines des idées (1815-18). 7th ed. 2 vols. Paris: Hachette, 1858.

quoted: 134

134.9 etc.] etc. (I, 307)

134.9 est] est (I, 307)

134.11 voudrais] voudrai (I, 307)

134.12 existe. Le] existe: je veux dire, d’un côté, que l’idée de Dieu et celle d’existence sont inséparables; de l’autre, que l’idée de Virgile et celle de poete se réunissent en une seule et même idée. Le (I, 307)

134.12 est] est (I, 307)

134.14 contenu,”] contenu, du tout à une ou à plusieurs de ses qualités, à un ou à plusieurs de ses points de vue [footnote omitted]; en disant l’être est, etc., on n’explique donc pas un mot par ce même mot, une idée par cette même idée. (I, 307)

Lavergne, Louis Gabriel Léonce Guilhaud de (1809-80; GDU). Economie rurale de la France depuis 1789 (1860). 2nd ed. Paris: Guillaumin, 1861.

referred to: 293

Law, Edward (1st Baron Ellenborough) (1750-1818; DNB).

note: the reference at 82 is in a quotation from Phillipps.

referred to: 49, 82

Lawrence, Soulden (1751-1814; DNB).

note: the quotation is in a quotation from Phillipps, q.v. for the collation.

quoted: 74

Leclerc, Jean (1657-1736; EB). Ars critica in qua ad studia linguarum latinae, graecae et hebraicae munitur. London: Clavel, Childe, and Bell, 1698.

referred to: 24

Leibniz, Gottfried Wilhelm von (1646-1716; ADB).

note: JSM uses the spelling Leibnitz.

referred to: 129

— Dissertatio de stilo philosophico Nizolii (1670). In Opera philosophica. Ed. Johann Eduard Erdmann. 2 pts. Berlin: Eichler, 1840, Pt. I, 55-71.

quoted: 129

129.7 “plus quam nominalis.”] Ex hac jam regula Nominales deduxerunt, omnia in rerum natura explicari posse, etsi universalibus et formalitatibus realibus prorsus careatur; qua sententia nihil verius, nihil nostri temporis philosopho dignius, usque adeo, ut credam ipsum Occamum non fuisse Nominaliorem, quam nunc est Thomas Hobbes, qui, ut verum fatear, mihi plusquam nominalis videtur. (I, 69)

Letherby, Henry (1806-76; DNB). Questioned: 397-8

Locke, John (1632-1704: DNB). Referred to: 97

— An Essay Concerning Human Understanding (1690). In Works. New ed. 10 vols. London: Tegg, et al., 1823, I-III, 176.

quoted: 25-6

referred to: 32, 124, 144-5, 159, 161, 212

25.30 “All] First, all (III, 52)

25.35 temperance] temperate (III, 52) [treated as a typographical error in this ed.]

— Letter to Thomas Molyneux, 26 Apr., 1695. In Works, IX, 354-7.

referred to: 159

Locke, John (1805-80; WWBMP). Referred to: 389

Louis Philippe (of France) (1773-1850; GDU). Referred to: 376, 378n, 384

Luxford, George (1807-54; DNB). “Botanical Notes,” Phytologist, I (Aug. 1841), 43-4.

referred to: 264

— Editor’s Note, Phytologist, I (Sept. 1841), 62.

note: the note is appended to a communication from Edward Newman, reporting the same station for Lilium Martagon in Surrey in 1826. JSM is apparently referring to Irvine, but actually to the Phytologist, edited by Luxford before Irvine.

referred to: 280

— A Flora of the Neighbourhood of Reigate, Surrey, Containing the Flowering Plants and Ferns. London: Van Voorst; Reigate: Allingham, 1838.

referred to: 268-9, 270, 271

Macaulay, Thomas Babington (1800-59; DNB). Referred to: 101

— “Bentham’s Defence of Mill: Utilitarian System of Philosophy,” Edinburgh Review, XLIX (June 1829), 273-99.

referred to: 101

— Critical and Historical Essays, Contributed to the Edinburgh Review. 3 vols. London: Longman, et al., 1843.

referred to: 101

— “Mill’s Essay on Government: Utilitarian Logic and Politics,” Edinburgh Review, XLIX (Mar. 1829), 159-89.

referred to: 101

— “Utilitarian Theory of Government, and the ‘Greatest Happiness Principle,’ ” Edinburgh Review, L (Oct. 1829), 99-125.

referred to: 101

McCosh, James (1811-94; DNB). An Examination of Mr. J.S. Mill’s Philosophy, Being a Defence of Fundamental Truth. London: Macmillan, 1866.

referred to: 155

Mackintosh, James (1765-1832; DNB). Dissertation on the Progress of Ethical Philosophy, Chiefly during the Seventeenth and Eighteenth Centuries. Edinburgh: n.p., 1830.

note: offprinted from the 7th ed. of the Encyclopaedia Britannica (complete version, 1842), I, 290-429, where it appeared as “Dissertation Second, Exhibiting a General View of the Progress of Ethical Philosophy, Chiefly during the Seventeenth and Eighteenth Centuries.”

quoted: 238

referred to: 226, 233

238.12-13 “operation of conscience.” . . . “defeated.”] It has never perhaps been observed, that an operation of the conscience precedes all acts deliberate enough to be in the highest sense voluntary, and does so as much when it is defeated as when it prevails. (181)

Maclean, Donald (1800-74; WWBMP).

note: the reference is in a speech by Ward.

referred to:360, 361, 365n, 368

— Speech on the Affairs of Spain (18 Apr., 1837; Commons), PD, 3rd ser., Vol. 37, cols. 1394-1411.

referred to:360, 362, 365n, 378n

Mahon, Lord. See Philip Henry Stanhope.

Malcolm, John (1769-1833; DNB). The History of Persia, from the Most Early Period to the Present Time: Containing an Account of the Religion, Government, Usages, and Character of the Inhabitants of That Kingdom. 2 vols. London: Murray, 1815.

referred to:354

Mansel, Henry Longueville (1820-71; DNB). The Philosophy of the Conditioned: Comprising Some Remarks on Sir William Hamilton’s Philosophy and on Mr. J.S. Mill’s Examination of That Philosophy. London and New York: Strachan, 1866.

referred to: 155

Maria II (of Portugal) (1819-53; EB).

note: one of the references is in a quotation from the Quadruple Treaty.

referred to:376

Maria Christina de Bourbon (of Spain) (1806-78; EB).

note: Queen Regent during the minority of her daughter, Isabella II. The reference at 376 is in a quotation from the Quadruple Treaty; the reference at 384-5 is in a quotation from de Bourgoing; the first at 385 is in a quotation from Inglis.

referred to:376, 378, 384, 384-5, 385

Marie Antoinette (of France) (1755-93; GDU). Referred to: 106

Maslama (d. 739 ).

note: brother of Caliph Walid I. Appears in the text as Mushlimah.

referred to:352

Mayne, Richard (1796-1868; DNB).

questioned:406

referred to:391

Medical Gazette. Review of Carpenter’s Principles of General and Comparative Physiology, 2 Feb., 1839, 675-8.

referred to: 324

Medwin, James.

note: a bootmaker, and a vestryman of St. James’s parish.

questioned:391-4

Melbourne, Lord. See William Lamb.

Mendeléeff, Dimitri Ivanovich (1834-1907; EB). Referred to: 96

Mendizabel, Juan Alvarez (1790-1853; EUI). Referred to: 385

Miguel, Maria Evarist (1802-66; EB).

note: the first reference at 376 is in a quotation from the Quardruple Treaty.

referred to:376, 377

Mill, Harriet Taylor (née Hardy) (1808-58). Referred to: 327, 328, 336

Mill, James (1773-1836; DNB). Referred to: 93-253 passim

— Analysis of the Phenomena of the Human Mind (1829). New ed. with notes illustrative and critical by Alexander Bain, Andrew Findlater, and George Grote. Edited with additional notes by John Stuart Mill. 2 vols. London: Longmans, et al., 1869.

note: in SC. The quotations at 130-1 and 170 are indirect; the second at 201 is summary.

quoted: 111, 124, 130, 130-1, 133, 136, 138, 140, 142, 146, 148, 149, 154, 156, 163, 164, 170, 171-2, 172, 176, 186, 191, 201, 204, 216, 228, 231, 252

111.17 “obscure”] The idea of figure which rises, is, of course, more obscure than that of extension; because, figures being innumerable, the general idea is exceedingly complex, and hence, of necessity, obscure. (I, 94)

124.10 “put . . . discretion;”] There is another species of complex ideas which, though derived also from the senses, are put . . . discretion, as the ideas of a centaur, a mountain of gold, of comfort, of meanness; all that class of ideas in short which Mr. Locke has called mixed modes. (I, 137-8)

124.11 “those . . . arbitrarily,”] Ideas, of the third class, those . . . arbitrarily are innumerable; because the combinations capable of being formed of the numerous elements which compose them, exceed computation. (I, 140)

124.11-13 “the . . . combination.”] [paragraph] As the combinations are formed arbitrarily, or in other words, as the . . . combination, it very often happens, that one man includes something more or something less than another man in the combination to which they both give the same name. (I, 141)

130.16 “the] It is, that the (I, 165)

133.15-16 “are . . . thing,”] Thus, “rational animal” is precisely the same class as “man;” and they are . . . thing; the one a simple, or single-worded name; the other a complex, or double-worded, name. (I, 171)

133.16-17 “to . . . term,”] When they are used for any other purpose than to . . . term, they are useless, and are denominated identical propositions. (I, 171)

133.17 “such propositions are] Such propositions therefore are (I, 171)

136.16 “the . . . us:”] But the two sides of an algebraic equation are of necessity two marks or two names for the same thing; of which the one on the right-hand side is more distinct, at least to the present purpose of the inquirer, than the one on the left-hand side; and the whole purpose of an algebraic investigation, which is a mere series of changes of names, is to obtain, at last, a distinct name, a name the . . . us, on the right-hand side of the equation. (I, 190)

136.22 “twice . . . angle.”] I arrive at this conclusion, as it is called, by a process of reasoning: that is to say, I find out a name “twice . . . angle,” which much more distinctly points out to me a certain quantity, than my first name, “amount of the three angles of a triangle;” and the process by which I arrive at this name is a successive change of names, and nothing more; as any one may prove to himself by merely observing the steps of the demonstration. (I, 191)

138.1 “Anciently,”] “A number of men anciently in England had wives in common.” (I, 199)

142.22-3 “men . . . names,”] It is thus obvious, and certain, that men . . . names. (I, 260)

142.30-2 “it . . . and of individual qualities . . . discourse.”] But as the limits of the human memory did not enable men to retain beyond a very limited number of names; and even if it had, as it . . . and of individual qualities, . . . discourse, it was necessary to have contrivances of abridgment; that is, to employ names which marked equally a number of individuals, with all their separate properties; and enabled us to speak of multitudes at once. (I, 260)

146.9 idea . . . when] idea. [two-paragraph omission] [paragraph] Thus, when (I, 264-5)

148.24-8 There . . . one primarily . . . secondary. . . . white horse . . . primarily . . . secondarily.] There . . . one, primarily . . . secondary. . . . white horse . . . primarily . . . secondarily. (I, 33n-4n)

149.17-19 “that in which there is no reference to anything preceding, that in which there is a reference to something preceding, and that in which reference is made to the will of one of the Persons.”] The Indicative is used when no reference is made to any thing which precedes: the Subjunctive, when a reference is made to something which precedes; and the Optative, and Imperative, when the reference is to the state of the will of the speaker or the person spoken of. (I, 155)

154.3 “will not be doubted”] Now these two, 1, the idea of the thing, 2, the idea of my having seen it, combined, make up, it will not be doubted, the whole of that state of consciousness which we call Memory. (I, 329)

154.13-15 “the idea of my present self, . . . and the idea of my past self, . . . self:”] Now in this last-mentioned part of the compound, it is easy to perceive two important elements; the idea of my present self, . . . and the idea of my past self, . . . self. (I, 330)

156.8 “All men admit.”] All men admit, that this, one of the most remarkable of all cases of belief, is wholly resolvable into association. (I, 345)

156.20-1 antecedent,” . . . “no . . . dispute”] antecedent, is no . . . dispute. (I, 352)

163.14-15 “we . . . believing”] The sound is heard; the association takes place; we . . . believing that the sound proceeds from a certain place, though we know, that is, immediately recognize, that it proceeds from another. (I, 370)

163.18-19 “in . . . believe . . . none:”] In . . . believe . . . none: though we may be sailing rapidly before the wind, she making hardly any progress against it. (I, 371)

163.19 “we believe] We believe (I, 371)

164.2-3 “dread . . . belief,” “we] That dread . . . belief, we (I, 372)

171.31-2 “A . . . different.”] A . . . different; and being felt to be different, and known to be different, are not two things, but one and the same thing. (I, 334)

171.34-5 “The . . . idea. . . . The] Besides, the . . . idea; of course, the associations are generically different. The (I, 335)

172.29-31 “the . . . association.”] I have a sensation; I have an idea; if these two are distinguishable in the having, it is likely that the . . . association; just as when I have two distinguishable sensations, one, for example, of red, and another of black, the copies of them, when brought up by association, are distinguishable. (I, 334-5)

172.34-6 “the . . . seeing and hearing:” . . . “not. . . . But” . . . “myself] The self which is at the antecedent end of the associated train, in the case of sensation, is the . . . seeing or hearing; the self at the antecedent end of the associated train, in the case of ideas, is not. . . . But myself (I, 336)

186.4 when] When (II, 21)

186.5 this other thing] the other (II, 21)

191.19-20 “the . . . thoughts” . . . “that . . . Effect.”] Supposing the . . . thoughts to have . . . effect, trains would still have that variety which we experience. (II, 67)

201.12 “the name of sound and] The second [silence], is the name of the thing, and (II, 103)

201.20 “Nothing”] Nothing is a name of all possible objects, including their non-existence. (II, 105)

204.7-8 “which . . . successiveness,” . . . “we] In the process which is marked by the relatives prior and posterior, part is noted, part connoted, and the part which is noted, is the part which it is difficult to make a separate object of attention,—the part which . . . successiveness, for which we (II, 81)

216.16 “idea . . . another,”] The remainder is the association with this idea . . . another, which are to fill up the intermediate time, and terminate with his finger placed in the flame of the candle. (II, 198)

216.22 “which . . . time”] [see preceding entry]

218.22-3 “without] Secondly, that there is no conception, that is, idea, without (II, 210)

228.4 “times . . . excitement”] This happens most readily in times . . . excitement; that is, when public opinion holds out a great reward; and when the object rather is, to ward off some great calamity, than to obtain an accession of good. (II, 274)

231.24 “not] The case is perfectly analogous to that of the love of posthumous praise, the dread of posthumous blame, and is a still more important principle of action, as it has reference, not (II, 299)

252.25 “the strong] Intention is the strong (II, 399)

252.27-9 “that . . . effect;” “the . . . intention.”] If it be asserted that [a Promise] is not only the declaration of an Intention, but the declaration that . . . effect; what is this but the declaration of another intention; the . . . intention? (II, 398)

252.29-30 “this . . . first:”] But this . . . first. (II, 398)

— Elements of Political Economy. London: Baldwin, et al., 1821.

note: 2nd ed. rev., 1824; 3rd ed. rev., 1826.

referred to: 100

— A Fragment on Mackintosh: Being Strictures on Some Passages in the Dissertation by Sir James Mackintosh, Prefixed to the Encyclopaedia Britannica. London: Baldwin and Cradock, 1835.

note: the 2nd ed. (London: Longmans, et al., 1870) is in SC.

quoted: 227, 233-7, 237-8, 238-9

referred to: 240

227.12 agents] agent (389)

233.37 classification . . . the] classification which, before talking of moral rules, Sir James ought to have well understood; the (249)

234.15 having been thus] having thus been (250)

234.39-40 and so on. . . . In] on. [ellipsis indicates 4 1/2-page omission] In (252-6)

234.47 knows . . . that] knows, even Sir James knew, that (257)

235.5-6 generated. . . . [paragraph] When] generated. The meaning of this, however, needs to be a little opened, since in heads like that of Sir James, strange work is apt to be made of it. [paragraph] When (257)

235.15-16 another. . . . [paragraph] Since] another. Habits of moral acting are habits of obedience to the principle of utility, and are so far from being liable to be prevented or hurt, as poor Sir James would have it, by bringing utility, as he phrases it, “into contact with action,” that they can be formed by no other means. [paragraph] On the formation of moral habits, reference being had to the confusion in the ideas of Sir James, another word may be necessary. Since (258)

238.22-3 other. . . . [paragraph] . . . Nothing] other. And this is what Sir James calls the contact of the conscience and the will. This too, is that precedence of conscience, which he says is a discovery of his own. [paragraph] Bless the memory of Sir James! Was he ignorant that this is included in the very definition of a voluntary act? Nothing (377)

— The History of British India. 3 vols. London: Baldwin, et al., 1817 [1818].

note: the 3rd ed., 6 vols. (London: Baldwin, et al., 1826) is in SC.

referred to: 50, 99

— Miscellaneous writings. Referred to: 99-100

Mill, John Stuart.Autobiography. London: Longmans, et al., 1873. In CW, I, 1-290.

note: the 2nd ed. (London: Longmans, et al., 1873) is in SC.

referred to:329, 334

— “Bailey on Berkeley’s Theory of Vision,” Westminster Review, XXXVIII (Oct. 1842), 318-36, and XXXIX (May 1843), 491-4. In CW, XI, 245-69.

referred to: 156

— “Botany of Spain. A Few Days’ Botanizing in the North-Eastern Provinces of Spain, in April and May, 1860. No. I. Catalonia,” Phytologist, n.s. V (Aug. 1861), 225-36.

note: printed at 289-99 above.

referred to: 305

— “Botany of Spain. A Few Days’ Botanizing in the North-Eastern Provinces of Spain, in April and May, 1860. No. IV. Monserrat,” Phytologist, n.s. V (Dec. 1861), 356-62.

note: printed at 307-11 above.

referred to: 307

— “Botany of Spain. A Few Days’ Botanizing in the North-Eastern Provinces of Spain, in April and May, 1860. No. V. Spanish Pyrenees; Andorra,” Phytologist, n.s. VI (Feb. 1862), 35-45.

note: printed at 311-20 above.

referred to: 307, 311

— An Examination of Sir William Hamilton’s Philosophy. London: Longman, et al., 1865. CW, IX.

note: in SC.

quoted: 117-18

referred to: 169-70

117.32 In] [no paragraph] In (282)

— “Isatis Tinctoria,” Phytologist, I (June 1841), 30.

note: printed at 258 above.

referred to: 259

— “Notes on Plants Growing in the Neighbourhood of Guildford, Surrey,” Phytologist, I (Aug. 1841), 40-1.

note: printed at 258-60 above.

referred to: 261

— “Notes on the Species of Oenanthe,” Phytologist, II (Feb. 1845), 48-9.

note: printed at 265-6 above.

referred to: 266

— “Plants Growing Wild in the District of Luxford’s Reigate Flora,” Phytologist, n.s. I (June 1856), 337-43.

note: printed at 268-74 above.

referred to: 274

— A System of Logic, Ratiocinative and Inductive. 2 vols. London: Parker, 1843. CW, VII-VIII.

note: 1st to 4th and 6th eds. are in SC.

referred to: 151, 175, 177

— Utilitarianism (1861). In CW, X, 203-59.

referred to: 241-2

Mitford, John Freeman (Baron Redesdale) (1748-1830; DNB). Considerations Suggested by the Report Made to His Majesty under a Commission, Authorising the Commissioners to Make Certain Improvements Respecting the Court of Chancery. London: Hatchard, 1826.

note: the reference is inferred.

quoted: 8

Molyneux, Thomas (1661-1733; DNB).

note: JSM uses the spelling Molineux.

referred to: 159

Moore, John (1761-1809; DNB). Referred to: 372

Morning Herald.

note: the reference is in a quotation from the Standard.

referred to:365n

Morning Post.

note: the reference is in a quotation from the Standard.

referred to:365n

Morley, John (Viscount Morley of Blackburn) (1838-1923; DNB). Referred to: 334

Mossop, Henry (1729?-74?; DNB). Referred to: 385

Mozart, Wolfgang Amadeus (1756-91; EB). Referred to: 222

Muhammad Ibrahim Khan (d. 1738). Referred to: 353

Murray, James Erskine.A Summer in the Pyrenees (1837). 2nd ed. 2 vols. London: Macrone, 1837.

note: the 1st ed. was unavailable for reference.

referred to: 317

Mushlimeh. See Maslama.

Nadir Quli Beg (1687-1747; EB).

note: known as Nadir Shah.

referred to:349, 353

Napier, William Francis Patrick (1785-1860; DNB). History of the War in the Peninsula and in the South of France, from the Year 1807 to the Year 1814. 6 vols. London: Murray, 1828-40.

referred to:387-8

— Letter to [T. George] Shaw, 28 Sept., 1835. In Shaw, Personal Memoirs, q.v.

quoted:388

388.5 and the] and that the (II, 460)

Narvaez, Ramon Maria (1800-68; EB). Referred to: 371

Nero, Claudius Caesar (37-68 ; WWR). Referred to: 305

Nevil, Edward (Baron) (d. 1705). Referred to: 56

Newman, Edward (1801-79; DNB). A History of British Ferns. London: Van Voorst, 1840.

note: an 1844 ed. is in SC.

referred to: 264

— “A History of the British Lycopodia and Allied Genera,” Phytologist, I (June—Nov. 1841), 1-7, 17-20, 33-6, 49-51, 65-7, 81-6.

referred to: 264, 266

Newton, Isaac (1642-1727; DNB). Optics; or, A Treatise of the Reflections, Inflections and Colours of Light. In Opera quae exstant omnia. Ed. Samuel Horsley. 5 vols. London: Nichols, 1779-85, IV.

note: the reference is in a quotation from James Mill’s Fragment, q.v. This ed. used for ease of reference. The so-called “Jesuits’ Edition” (Geneva: Barillot, 1739-42) is in SC.

referred to: 239

— Philosophiae naturalis principia mathematica (1687). In Opera, II-III.

referred to: 95, 96

Nicholas I (of Russia) (1796-1855; EB).

note: the reference at 356 is in a quotation from Klaproth quoting a proclamation by Major-General Volkhovski.

referred to:348, 356

Opie, Iona and Peter, eds. The Oxford Dictionary of Nursery Rhymes. Oxford: Clarendon Press, 1951.

quoted:372

372.13-14 With . . . again.] The King of France went up the hill / With forty thousand men; / The King of France came down the hill, / And ne’er went up again. (176)

Oráa y Lecumberri, Marcelino (1788-1851). Referred to: 372

Paley, William (1743-1805; DNB). Referred to: 19

— The Principles of Moral and Political Philosophy (1785). 15th ed. 2 vols. London: Faulder, 1804.

note: in SC. The reference at 59 is in a quotation from Denman.

quoted: 19

referred to: 19, 59

19.23 as, where] as, [paragraph] I. Where no one is deceived; which is the case in parables, fables, novels, jests, tales to create mirth, ludicrous embellishments of a story, where the declared design of the speaker is not to inform, but to divert; compliments in the subscription of a letter, a servant’s denying his master, a prisoner’s pleading not guilty, an advocate asserting the justice, or his belief of justice, of his client’s cause. In such instances no confidence is destroyed, because none was reposed; no promise to speak the truth is violated, because none was given, or understood to be given. [paragraph] 2. Where (207-8)

Palmerston, Lord. See Henry John Temple.

Parker, Thomas (Earl of Macclesfield) (1666?-1732; DNB). Referred to: 69

Parry, Clive, ed. The Consolidated Treaty Series. 231 vols. Dobbs Ferry, N.Y.: Oceana Publications, 1969.

note: this ed. used for ease of reference to miscellaneous treaties.

referred to:349, 358

Pascal, Blaise (1623-62; GDU). Referred to: 134

— De l’esprit géométrique (1658). In Appendix to Vol. II of Laromiguière, Leçons de philosophie, q.v., 467-91.

note:Oeuvres, 5 vols. (Paris: Lefèvre, 1819) in SC.

referred to: 134

Pedro IV (of Portugal, and Pedro I of Brazil) (Duke of Braganza) (1798-1834; EUI).

note: the reference at 376 is in a quotation from the Quadruple Treaty.

referred to:376, 377, 387

Peel, Robert (1788-1850; DNB). Referred to: 8, 9, 45, 57, 361, 367

— Speech on the Address in Answer to the King’s Speech (31 Jan., 1837; Commons), PD, 3rd ser., Vol. 36, cols. 50-6.

note: the reference is in a quotation from Ward.

referred to:367-8

Pericles (d. 429 ; WWG). Referred to: 110

Persoon, Christiaan Henrik.Synopsis plantarum, seu enchiridium botanicum, complectens enumerationem systematicam specierum hucusque cognitarum. 2 vols. Paris: Cramer (Vol. I), and Treuttel and Würtz (Vol. II); Tubingen: Cotta, 1805-07.

referred to: 292, 302

Peter I (of Russia) (1672-1725; EB).

note: known as Peter the Great.

referred to:349

Petronilla (of Aragon) (1137-64; EB). Referred to: 379

Philip IV (of France) (1268-1314; GDU). Referred to: 379

Philip V (of Spain) (1683-1746; EB). Referred to: 379, 380

Phillipps (or Philipps), Samuel March (1780-1862; DNB). A Treatise on the Law of Evidence (1814). 6th ed. 2 vols. London: Butterworth; Dublin; Cooke, 1824.

note: the quotation at 88 is indirect.

quoted: 22, 40, 41, 42, 44-5, 53, 56, 68, 68-9, 70, 74, 78, 79, 79n, 80, 81-2, 82, 83, 86, 87, 88

referred to: 7n, 39, 40, 42, 45, 49, 51, 54, 55, 73, 89

22.3 “If] [paragraph] If (I, 256)

40.1 “that . . . suit in] The objections, then, against the admissibility of such evidence seems to be, first, that the parties are not the same in the civil suit, as in the criminal case; and, secondly, that . . . suit on (I, 319)

40.24 “ ‘of . . . question, nor] But neither the judgment of a concurrent or exclusive jurisdiction is evidence of . . . question, though within their jurisdiction, nor (I, 304)

41.9 “had] [paragraph] The general rule is, that a verdict cannot be evidence for either party, in an action against one who was a stranger to the former proceeding, who had (I, 309)

41.28 “ ‘nobody . . . contrary:’ ”] And Ch. B. Gilbert lays it down, “that nobody . . . contrary.” (I, 309)

42.21-2 “that . . . litigation:”] Here it may be observed, the party, against whom the judgment was pronounced, had an opportunity of discharging themselves by proving the liability on a third parish; and this not having been done, and the court of quarter sessions having confirmed the order of removal, the last settlement is adjudged to be in the appellant parish; and this point being once determined, the judgment must be final, that . . . litigation.⁴ [footnote:] ⁴By Holt, C.J. in R. v. Rislip, Salk. 524. 2 Bott, 705. (I, 312)

44.34-45.3 “a decree of . . . law.”] [paragraph] A decree in . . . law.¹ [footnote:] ¹See ante, ch. 2. s. 1. (I, 340-1).

53.14-16 “a person . . . as a subscribing . . . instrument;”] A person . . . as subscribing . . . instrument, [footnote omitted] although his evidence is to be received with all the jealousy necessarily attaching to a witness, who upon his oath asserts to be false, what he has by his solemn act attested as true. [footnote omitted] (I, 39)

56.17-22 “In . . . case,” . . . “one . . . discharge.”] In . . . case, above cited, one . . . discharge⁴ [footnote:] ⁴See infra p. 33. on substitution of punishment for burning in the hand. (I, 32)

68.17 “where it seems,” . . . “to] [paragraph] One other exception appears to have been made in the case of an action for a malicious prosecution, where it seems to (I, 66)

68.33 “ ‘For] Lord Holt C.J. admitted in evidence the oath of the defendant’s wife (who was the only person present at the time of the supposed felony, and who, as the report says, could not herself be a witness) to prove the felony committed; “for (I, 66)

70.13-14 “The . . . chancery,” . . . invariably] But the . . . Chancery invariably (I, 421)

74.2-3 “acknowledgment upon record;” . . . “the] And as it is an acknowledgment on record, the (I, 175)

74.36 “The present] Mr. Justice Lawrence on that occasion said, “Van Dyck and Co., the persons on whose risk the goods were shipped, are in this difficulty; the present (I, 84)

75.8-12 “a letter . . . was held . . . good evidence [meaning . . . evidence] of . . . was . . . prove . . . made:”] A letter . . . was in this case, held . . . good evidence of . . . was . . . prove, . . . made. (I, 97n)

75.9-11 “where . . . of, the Master of the Rolls refused to admit] “Except in one or the other of these ways,” said the Master of the Rolls in Fairlie v. Hastings³, [footnote:] ³10 Ves. 128. [text:] “I do not see how they can be evidence against the principal:” and therefore in that case, (where . . . of,) he refused to admit (I, 95)

75.24 “made] [paragraph] It must be remembered, that the cases, in which the declarations of an agent have been admitted against the principal, are exceptions to that general rule, which requires evidence to be given upon oath: and the exception is confined to such statements as are made (I, 95)

75.28-30 “it . . . agent:”] But it . . . agent. (I, 96)

78.14-15 “to . . . a written agreement.”] [paragraph] Parol evidence is not admissible to . . . a deed. (I, 530)

79n.2 “The] And the (I, 515)

79.27-8 “the . . . uncertainty.”] [paragraph] If a clause in a deed, or will, or any other instrument, is so ambiguously or defectively expressed, that a court of law, which has to put a construction on the instrument, is unable to collect the intention of the party, evidence of the declaration of the party cannot be admitted to explain his intention; but the . . . uncertainty. (I, 519)

80.8-10 “the . . . matter of specialty . . . of the higher account . . . matter of averment . . . of inferior account in law.”] “Ambiguitas patens,” says Lord Bacon¹, [footnote:] ¹Bac. Elem. rule 23.] [text:] (that is, an ambiguity apparent on the deed or instrument,) “cannot be helped by averment; and the reason is, because the . . . [none of phrases in italic] . . . in law; for that were to make all deeds hollow, and subject to averment, and so in effect to make that pass without deed, which, the law appoints, shall not pass but by deed. (I, 519-20).

80.13-14 “would . . . testators:”] So in a case, where the testator made dispositions in his will to several persons, among others to his wife and niece, who were the only women mentioned in the will, and then devised “to her” a particular estate for life, the question was, whether parol evidence could be admitted, to shew which of the two was intended: the Lord Chancellor refused to receive it, on the ground, that it would . . . testators; the Court held, that though the term “her” was relative, it was to be referred in this case to the wife, because in other parts of the will it seemed to relate to the wife; but expressly excluded the parol evidence offered to explain the will.² [footnote:] ²Castleton v. Turner; cited 2 Ves. 217. (I, 520)

81.6-7 “the contents] The Judges were of opinion, that the question must be answered in the negative; and the reason of their opinion was, “That the contents (I, 281)

81.25-82.4 a written . . . all, . . . best evidence . . . occupation.] A written . . . all, [footnote omitted] . . . best evidence . . . occupation. [footnote omitted] (I, 486)

82.13-21 The acts of state of . . . Anderson] [no paragraph] The acts of state, also, of . . . Anderson⁵ [footnote:] ⁵1 Campb. 65 (a). (I, 382-3)

83.32-7 Records . . . are . . . them. . . . mistake.] Records are . . . them. [footnote omitted] mistake. [footnote omitted] (I, 299)

83.7-8 “that . . . stated,” . . . “as . . . traversable.”] [paragraph] A record, then, is conclusive proof, that . . . stated; and evidence to contradict it will not be admitted. But it will not be conclusive as . . . traversable.¹ [footnote:] ¹Co. Lit. 352.b (I, 300)

86.12 “different] And, in addition to this argument of inconvenience, the objection taken to the evidence in that case, namely, that it was inapplicable to the point in dispute, appears to be very strong: customs being different (I, 162)

86.18 “ ‘for,’ . . . ‘if] In the Duke of Somerset’s case, Lord Ch. J. Raymond said, he had always looked upon it as a settled principle in the law, that the customs of one manor should not be given in evidence to explain the customs of another; “for, if (I, 161-2)

87.8 “argument of inconvenience,”] [see entry for 86.12 above]

89.22 the plaintiff in this action must prove that he . . . further, that he . . . possession;] [paragraph] The plaintiff, in support of this action, will have to prove, that, at the time of the conversion, he . . . further he . . . possession, and that the goods have been wrongfully converted by the defendant. [footnote omitted] (II, 168)

89.26-7 he must prove . . . defendant,] [paragraph] The plaintiff is also to prove . . . defendant, this being the main bearing of the action. (I, 168)

89.27-8 the denial . . . then, is a wrongful conversion;] “The very denial . . . then, (said Lord Holt in the case of Baldwin v. Cole) [footnote omitted] is an actual conversion, and not only evidence of it, as has been holden: for what is a conversion, but an assuming upon one’s self the property and right of disposing of another’s goods? (II, 169)

89.28-9 the defendant may shew that the property belonged to him or to . . . claims,] [paragraph] Under the general issue of not guilty, the defendant will be at liberty to prove his title to the property in question; for if the property belonged to him, he cannot be charged with a wrongful conversion. Or he may disprove the plaintiff’s title, by showing that the goods belonged to . . . claims; thus, if he took the goods out of the plaintiff’s possession, it will be a good defence in this action, that he took them by the order of one to whom they belonged. (II, 171)

89.29-30 the plaintiff . . . damages against a third person for a conversion of the same goods,] Or the defendant may prove that the plaintiff . . . damages for a conversion of the same goods, in an action of trover against J.S.; for this recovery vests the property in J.S., and the plaintiff has damages in lieu of the goods; in a second action, therefore, he cannot say, they are his property. [footnote omitted] (II, 171-2)

89.31-2 he was . . . parcener,] [paragraph] The defendant may also show that he was . . . parcener; one of these co-tenants cannot maintain trover against another, on the account of the unity of possession, which subsists between them; but if one joint tenant, or tenant in common, or parcener, destroy the common property, [footnote omitted] or sell the whole without authority, [footnote omitted] he will then be liable to this action. (II, 172)

89.32 had a lien on the goods,] [paragraph] In answer to the proof of a demand and refusal, the defendant may show, that he had a right to detain them under a lien. (II, 173)

Phytologist, I (June 1843), cover. Referred to: 264

Pindar (518?-after 446 ; WWG). The Odes of Pindar Including the Principal Fragments (Greek and English). Trans. John Sandys. London: Heinemann; Cambridge, Mass.: Harvard University Press, 1946.

note: in SC is Παντα τα πινδαρου σωξομενα. Omnia Pindari quae extant. Cum interpretatione latina (Greek and Latin), 2 vols. in 1 (Glasgow: Foulis, 1744).

quoted: 132

Plato (427-347 ; WWG). Referred to: 103, 362

— Gorgias. In Lysis, Symposium, Gorgias (Greek and English). Trans. W.R.M. Lamb. London: Heinemann; Cambridge, Mass.: Harvard University Press, 1925, 258-532.

note: in SC is Opera omnia, ed. Immanuel Bekker, 11 vols. (London: Priestley, 1826).

referred to: 180

— Parmenides. In Cratylus, Parmenides, Greater Hippias, Lesser Hippias (Greek and English). Trans. H.N. Fowler. London: Heinemann; New York: Macmillan, 1914, 198-330.

referred to: 103, 141

— Phaedo. In Euthyphro, Apology, Crito, Phaedo, Phaedrus (Greek and English). Trans. H.N. Fowler. London: Heinemann; Cambridge, Mass.: Harvard University Press, 1947, 200-402.

referred to: 103

— Protagoras. In Laches, Protagoras, Meno, Euthydemus (Greek and English). Trans. W.R.M. Lamb. London: Heinemann; Cambridge, Mass.: Harvard University Press, 1952, 92-256.

referred to: 180

— Republic (Greek and English). Trans. Paul Shorey. 2 vols. London: Heinemann; Cambridge, Mass.: Harvard University Press, 1946.

referred to: 103, 141

— Symposium. In Lysis, Symposium, Gorgias (Greek and English). Trans. W.R.M. Lamb. London: Heinemann; New York: Putnam’s Sons, 1925, 80-244.

referred to: 103

— Theaetetus. In Theaetetus, Sophist (Greek and English). Trans. H.N. Fowler. London: Heinemann; New York: Putnam’s Sons, 1921, 6-256.

referred to: 180

Plunket, William Conyngham (Baron) (1764-1854; DNB). Referred to: 49

Plutarch (fl. 50-120; WWG). “Alexander.” In Lives (Greek and English). Trans. Bernadotte Perrin. 11 vols. London: Heinemann; Cambridge, Mass.: Harvard University Press, 1914-26, VII, 223-439.

referred to: 44

— “Pompey.” In Lives, V, 116-324.

note: see also Zonaras.

referred to:351

Pollexfen, Henry (1632-91; DNB). Referred to: 58

Pompey (Gnaeus Pompeius) (106-48 ; WWG).

note: the reference derives from Zonoras, q.v.

referred to:351, 353

Pope, Alexander (1688-1744; DNB), et al. Memoirs of the Extraordinary Life, Works, and Discoveries of Martinus Scriblerus (1741). In Works. Ed. Joseph Warton, et al., 10 vols. London: Priestley, 1822-25, VI, 61-181.

note: in SC.

referred to:360

Price, Richard (1723-91; DNB). Referred to: 17

— “On the Importance of Christianity, the Nature of Historical Evidence, and Miracles.” in Four Dissertations. London: Millar and Cadell, 1767, 359-439.

referred to: 16-18

Price, Samuel Grove (1793-1839; WWBMP).

note: the reference at 368 is in a quotation from Ward.

referred to:361, 368

— Speech on Spain (10 Mar., 1837; Commons), PD, 3rd ser., Vol. 37, cols. 249-56.

referred to:360

Priestley, Joseph (1733-1804; DNB). Referred to: 98

— Hartley’s Theory of the Human Mind on the Principle of the Association of Ideas, with Essays Relating to the Subject of It. London: Johnson, 1775.

referred to: 98

Procopius (ca. 326-66 ; WWR). Procopius (Greek and English). Trans. H.B. Dewing. 7 vols. London: Heinemann; New York: Macmillan, 1914-40.

note: this ed. used for ease of reference.

referred to:351

Quadruple Alliance (Treaty). See, under Parliamentary Papers, “Treaty between His Majesty . . .” (1834).

Quer y Martinez, José (1695-1764; GDU). Flora Española ó historia de las plantas que se crian en España. 4 vols. Madrid: Ibana, 1762-64.

note: continued by Gomez Ortega, Vols. V—VI (1784).

referred to: 290

“Rapport officiel sur les opérations de guerre contre les montagnards Musulmans du Caucase,” trans. Heinrich Julius Klaproth, Nouveau Journal Asiatique, 2nd ser., XI (Jan. 1833), 18-30.

quoted:355, 355-6, 356

referred to:354

355.22-32 After . . . death.] [translated from:] [no paragraph] Après que le village eut été occupé une bande d’à peu-près cinquante hommes, conduite par le moullah Abdour-rahman, l’un des partisans les plus déterminés de Kazi moullah, fut coupée du reste de la troupe et cernée dans une grande maison. Ces gens n’avaient aucun espoir de salut; mais lorsqu’on leur proposa de se rendre de bonne volonté, ils entonnèrent des versets du Coran, comme c’est leur usage quand ils se dévouent à la mort, puis, creusant des meurtrières dans les murailles, ils dirigèrent un feu bien nourri et bien ajusté sur les assaillants. Quelques grenades lancées dans la cheminée éclatèrent dans l’intérieur de la maison, mais cela n’ébranla pas leur résolution. Comme il fallait en finir avec leur bravade, l’ordre fut donné de mettre le feu à la maison. Onze d’entr’eux, à moitié suffoqués par la fumée, sortirent et se rendirent; quelques autres, le poignard et le sabre à la main, se précipitèrent sur les baïonnettes de nos guerriers; mais le plus grand nombre périt avec moullah Abdourrahman, en répétant sans interruption le chant de mort. (23-4)

355.38-356.8 The . . . resistance.] [translated from:] Le chemin de Ghumry, qui depuis le pays des Tchetchentses présente des difficultés incroyables, monte depuis Karanaï [footnote omitted] jusqu’au sommet neigeux d’une haute montagne; ensuite il descend pendant quatre versts en décrivant des sinuosités, sur le penchant escarpé des monts et le long des précipices, à travers des rochers et n’a que la largeur d’un sentier; ensuite, il passe, pendant une distance égale, sur les saillies étroites de rochers, et l’on ne peut aller de l’un à l’autre qu’à l’aide d’échelles dont il faut se munir. Ensuite, lorsque ce chemin s’est joint à un autre venant du village d’Erpeli [footnote omitted], il se rétrécit toujours davantage entre deux hauts parois de rochers perpendiculaires, et enfin, en avant du village de Ghumry, il est barré par trois murailles dont la première est fortifiée, de chaque côté, d’une petite tour. Le long de la pente de la montagne, plusieurs terrasses ont été très-habilement disposées de manière à opposer la plus vive résistance. (24-5)

356.11-12 “the . . . heaven.”] [translated from:] Ce défilé fameux est réputé inaccessible, et les montagnards disaient proverbialement: “Les Russes n’y pourront arriver que comme la pluie (en tombant du ciel).” (26)

356.15-24 After . . . Húmry.] [translated from:] Après que nos soldats eurent emporté la première muraille, il ne fut plus possible aux révoltés renfermés dans les petites tours, de se sauver par la fuite. Cependent ils ne voulurent pas se rendre et, au contraire, firent une résistance opiniâtre. Alors le général Veliaminov canonna vivement le rempart qui était en avant de ces tours; mais comme les bandits qui y étaient logés continuaient à tirer comme auparavant, des hommes de bonne volonté tirés du bataillon des sapeurs donnèrent l’assaut à ces fortifications et tuèrent les montagnards qui les défendaient. Parmi eux se trouvaient Kazi moullah et ses partisans les plus dévoués; leurs cadavres, percés de coups de baïonnettes, furent reconnus le lendemain par leurs compatriotes. La nuit mit fin au combat, et notre avant-garde fit halte entre le troisième mur et le village. [paragraph] Le 30 octobre, au point du jour, nos troupes entrèrent dans Ghumry (28)

356.27-38 The . . . understand!] [translated from:] “La justice de Dieu a atteint Kazi moullah, le propagateur de fausses doctrines, l’ennemi de la paix. Ce fourbe, ses principaux adhérents et une quantité de malheureux qu’il avait trompés ont été exterminés par la victorieuse armée russe dans le fameux ravin de Ghumry regardé comme inaccessible. [paragraph] Puisse cet exemple servir d’avertissement à tous les ennemis du repos public! puissent-ils, écoutant la voix du repentir, avoir recours au puissant gouvernement russe, et le grand empereur, dans sa bonté, leur accordera leur pardon! Mais quiconque osera dorénavant tramer des projets coupables, encourra sans miséricorde toute la rigueur des lois. Ni les montagnes, ni les forêts, ni les ravins ne le sauveront. Les troupes russes triomphantes pénétreront partout, partout les désobéissants et les traîtres seront châtiés. Les Galgai, les Itchkeri, les Tchetchentses, ceux de Ghumry et autres l’ont éprouvé. Quiconque a des oreilles pour entendre, qu’il entende et comprenne!” (30)

Ray, John (1627-1705; DNB). Referred to: 274

Raymond, Robert (Lord) (1673-1733; DNB).

note: the quotation is in a quotation from Phillipps, q.v. for the collation.

quoted: 86

Ricardo, David (1772-1823; DNB). Referred to: 100

— On the Principles of Political Economy and Taxation. London: Murray, 1817.

quoted:408

referred to: 100

408.3 “the] The (156)

Rich, Edward (Earl of Warwick, Earl Holland) (1673-1701).

note: see Cockayne’s Complete Peerage.

referred to: 56

Richardson, John (1796-1852; MEB). Movements of the British Legion (1836). 2nd ed. London: Simpkin, et al., 1837.

note: first ed. entitled Journal of the Movements of the British Legion.

reviewed:359-88

quoted:370

370.16 Surely] [no paragraph] Surely (312)

Richerand, Balthasar Anthelme (1779-1840; GDU). Elements of Physiology (in French, 1801). Trans. G.J.M. de Lys. Ed. with notes by James Copland. 4th ed. London: Longman, et al., 1824.

referred to: 106

Roebuck, John Arthur (1801-79; DNB). Speech on the Vixen—Treaty of Adrianople (17 Mar., 1837; Commons), PD, 3rd ser., Vol. 37, cols. 621-8.

note: see also his concluding motion on the same date.

referred to:346, 348

— Motion on the Vixen—Treaty of Adrianople (17 Mar., 1837; Commons), PD, 3rd ser., Vol. 37, col. 628.

note: see also his preceding speech on the same date.

referred to:345

— Speech on the Affairs of Spain (19 Apr., 1837; Commons), PD, 3rd ser., Vol. 38, cols. 18-23.

referred to:373

Rosen. See Rozen.

Roth, Albrecht Wilhelm (1757-1834; DBI). Tentamen florae germanicae. 3 vols. in 4 Leipzig: Müller, 1788.

referred to: 297

Rottiers, Bernard Eugène Antoine (1771-1858). Itinéraire de Tiflis à Constantinople. Brussels: Tarlier, 1829.

note: referred to in the text as Rottier. The reference to Gaerber (q.v.) is probably from Rottiers, 59

quoted:351, 351n, 354

referred to:353, 354

351n.14 “he . . . column.”] [translated from:] Dans une des dernières guerres, un de ces princes entreprit avec trois de ses amis de se faire jour à travers une colonne russe. (18)

351.15-17 “even . . . side.”] [translated from:] Il y a plus: les femmes même de cette nation guerrière suivent leurs époux au combat, non seulement pour exciter leur valeur ou panser leurs blessures, mais même pour se battre comme eux. (18)

354.11-24 Issuing . . . tiptoe.] [translated from.] [no paragraph] Dès le printemps, sortant de leurs retraites inexpugnables et de leurs monts tout couverts de neige, ils se jettent principalement sur la Carthlinie et le beau district de Kisichi Boudké. Ils vont se poster aux gués des rivières, dans les bois qui bordent les défilés, parmi les ruines des vieux monastères, et là ils attendent le pâtre et son troupeau, la petite caravane du marchand, et même le voyageur isolé. Souvent ils vont chercher leur proie dans les villages et jusque dans les villes; ils emmènent les habitants prisonniers, les rançonnent ou les gardent comme esclaves. La peine qu’ils se donnent pour empêcher la fuite de ces derniers se réduit à une opération inventée par la plus ingénieuse férocité. On les garde les premiers jours avec une apparente négligence, et on les traite si mal en les employant aux travaux les plus durs, que la plupart tentent de s’échapper: connaissant mal les localités, ils sont rattrapés sans peine, alors pour éviter le cas de récidive, le Lesghis fait à son esclave une incision sous le talon, et il insère dans la plaie du crin coupé par petits morceaux: la blessure se cicatrise bientôt, renferme ce corps étranger et semble complètement guérie; mais le malheureux à qui l’on a fait subir ce traitement éprouve des chatouillements douloureux chaque fois qu’il veut s’appuyer sur le talon: et tout le reste de sa vie, il est forcé de se tenir sur la pointe des pieds. (48-9)

Rozen, Grigory Vladmirovich (1781-1841).

note: the text, following Klaproth, uses the spelling Rosen.

referred to:355

Ruskin, John (1819-1900; DNB). Modern Painters. 5 vols. London: Smith, Elder, 1851-60.

referred to: 224-6, 320

Russell, William (Lord) (1639-83; DNB). Referred to: 58

St. Petersburgh Gazette. Referred to: 358

Sawyer, Robert (1633-92; DNB). Referred to: 58

Scott, Benjamin (1814-92; DNB). Questioned: 390-1, 402-4

Scott, John (Earl of Eldon) (1751-1838; DNB). Referred to: 55

— Speech on the Unitarian Marriage Bill (4 May, 1824; Lords), PD, n.s., Vol. 11, cols. 438-40.

referred to: 55

Scott, Walter (1771-1832; DNB). Rob Roy. 3 vols. Edinburgh: Constable, 1818.

quoted:364

364.7 thews and sinews] With all these cares on his mind, my fellow traveller, to judge by his thewes and sinews, was a man who might have set danger at defiance with as much impunity as most men. (I, 60; 3)

— The Vision of Don Roderick: A Poem. Edinburgh: Ballantyne, 1811.

note: the quotation is in a quotation from the Standard.

referred to:366n

Senefelder, Alois (1771-1834; EB). Referred to: 38

Shakespeare, William (1564-1616; DNB). Referred to: 110

— As You Like It. In The Riverside Shakespeare. Ed. G. Blakemore Evans. Boston: Houghton Mifflin, 1974, 365-402.

note: this ed. used for ease of reference.

quoted:356, 363

356.25 “strange eventful history”] Last scene of all, / That ends this strange eventful history, / Is second childishness, and mere oblivion, / Sans teeth, sans eyes, sans taste, sans every thing. (382; II, vii, 163-6)

363.13 “wise saws” . . . “modern instances”] And then the justice, / In fair round belly with good capon lin’d, / With eyes severe and beard of formal cut, / Full of wise saws and modern instances; / And so he plays his part. (382; II, vii, 153-7)

— Hamlet. In The Riverside Shakespeare, 1135-97.

note: the reference is to the character, Hamlet.

referred to: 110

— Henry IV, Part I. In The Riverside Shakespeare, 842-85.

note: the references at 110 are to Falstaff.

referred to: 110, 173, 174

— Julius Caesar. In The Riverside Shakespeare, 1100-34.

note: the quotation is in a quotation from Denman.

quoted: 59

59.28-9 “let us . . . a feast . . . carcass for the hounds.”] And, gentle friends, / Let’s kill him boldly, but not wrathfully; / Let’s . . . a dish . . . / . . . carcass fit for hounds; / And let our hearts, as subtle masters do, / Stir up their servants to an act of rage, / And after seem to chide ’em (1113; II, i, 171-7)

Shaw, Charles (1795-1871; MEB). Personal Memoirs and Correspondence of Colonel Charles Shaw, K.C.T.S., &c. of the Portuguese Service, and Late Brigadier-General, in the British Auxiliary Legion of Spain; Comprising A Narrative of the War for Constitutional Liberty in Portugal and Spain, from Its Commencement in 1831 to the Dissolution of the British Legion in 1837. 2 vols. London: Colburn, 1837.

note: the heading of the article gives the title as Sketches of the War for Constitutional Liberty in Spain and Portugal; Interspersed with Scenes and Occurrences Abroad and at Home, but gives the same description of the author, the same publisher, date, and no. of vols.; it also lists “Shaw’s Memoirs, unpublished.” There can be little doubt that the title here given encompasses both those listed; see 386-7 for a partial explanation.

reviewed:359-88

quoted:387, 388

387.10 “great means at their command”] [paragraph] Once or twice General Reid came down to superintend the construction of the defences of Portugalette; but I could not help remarking that he must have been always accustomed to have great means at his command, and that engineering in this small way very naturally was not at all to his taste, and that he took much more interest in the drill of the Light Brigade. (II, 451)

387.14 “voluminous staff”] [paragraph] I was ordered to Bilbao, where I never saw a better dressed set of officers; but the General’s Staff was now so voluminous, that he was obliged to scatter them among the different brigadiers, displeasing thus a great many. (II, 452)

Shaw, T. George.

note: see also William Napier. Charles Shaw does not identify in his memoirs to which of his brothers Napier’s letter was addressed; however, George is a more likely recipient than Patrick, since most of Charles Shaw’s letters at this time were addressed to him.

referred to:388

Sidney, Philip (1554-86; DNB). Referred to: 364

Sim, John (ca. 1812-93).

note: see Alexander Irvine, “Address to the Contributors,” 1860.

referred to: 283

Smith, Adam (1723-90; DNB). The Theory of Moral Sentiments, to Which Is Added a Dissertation on the Origin of Language (1759). 6th ed. 2 vols. London: Strahan and Cadell; Edinburgh: Creech and Bell, 1780.

note: in SC.

referred to: 230-1

Smith, James Edward (1759-1828; DNB). Referred to: 259

— The English Flora. 4 vols. London: Longman, et al., 1824-29.

referred to: 259, 278, 282

Sonder, Otto Wilhelm (1812-81). Flora Hamburgensis. Beschreibung der phanerogamischen Gewächse, welche in der Umgegend von Hamburg wild wachsen und häufig cultiviert werden. Hamburg: Kittler, 1851.

referred to: 294

Spencer, Herbert (1820-1903; DNB). Referred to: 102, 159

— The Principles of Psychology. London: Longman, et al., 1855.

quoted: 205, 205-6, 206, 206-7, 207-10

referred to: 102, 139, 140, 159, 160, 184, 211

205.8 “On] [on paragraph] On (212)

205.113 pressure.” . . . [paragraph] “Allied] pressure [paragraph] Allied (212)

205.14 muscular motion. . . . While] muscular motion. Concerning the state of consciousness induced by muscular motion, and concerning the ideas of Space and Time which are connected with it in adult minds, something will be said hereafter. For present purposes it will suffice to notice, that while (212)

205.15 rises] arises (212) [treated as printer’s error in this ed.]

205.18 composition. [paragraph] When] composition. [1-paragraph omission] 55. When (213)

206.9 “What] [no paragraph] Still, however, there remains the question—What (226)

206.12 position. When we imagine] position. When we think of a particular area, we think of a surface whose boundary lines stand to each other in specific degress of remoteness; that is—are related in position. When we imagine (226)

206.29 locality, what] locality. What (226) [treated as printer’s error in this ed.]

207.23 position] positions (228) [treated as printer’s error in this ed.]

207.32 In the] For the (229) [treated as printer’s error in this ed.]

207.37 “How] [paragraph] Omitting for the present all consideration of the visual phenomena, let us turn our attention to the question in which centres the whole controversy respecting the genesis of our ideas of Motion, Space, and Time: the question namely—How (257)

207.43 developed? [paragraph] . . . Taking] developed. [paragraph] Already, in treating of visual extension (58), and the visual perception of space (62), and in showing how serial states of consciousness are consolidated into simultaneous states which become their equivalents in thought, the way has been prepared for answering these questions. The process of analysis partially applied to retinal impressions, has now to be applied, after a more complete manner, to impressions on the body at large. To this end, taking (258)

208.6 as the degrees] as the degree (258) [printer’s error in Source?]

208.15 them; no] them; no classing of them; no (259)

208.39 finger-end. . . . As] finger-end. Now it might be argued that some progress is made towards the idea of space, in the simultaneous reception of these sensations—in the contemplation of them as coexistent: seeing that the notion of coexistence and the notion of space have a common root; or in other words—seeing that to be conscious of a duality or multiplicity of sensations, is the first step towards being conscious of that duality or multiplicity of points in space which they imply. It might also be argued that as, when the finger is moved back from Z to A, these serial sensations are experienced in a reverse order, there is thus achieved a further step in the genesis of the idea: seeing that coexistent things are alone capable of impressing consciousness in any order with equal vividness. But passing over these points, let us go on to notice, that as (260)

208.50-209.] consciousness. [paragraph] Due] consciousness. [no paragraph] Due (261)

209.11 case,] case (58), (261)

209.13 presentations] presentation (261) [treated as printer’s error in this ed.]

209.14 positions.^a . . . As] positions. [no footnote] positions: and it is needless here to repeat the explanation. What it now concerns us to notice is this:—that as (261)

209.14-19 As . . . other.] [in italic] (261)

209n.1 “Objects] And when, by numberless repetitions, the relation between any one finger and each of the others is established, and can be represented to the mind as a series of a certain length; then we may understand how a stick laid upon the surface so as at the same moment to touch all the fingers from A to Z inclusive, will be taken as equivalent to the series A to Z—how the simultaneous excitation of the entire range of fingers, will come to stand for its serial excitation—how thus, objects (222)

209n.3 cover. . . . By] cover—and how by (222)

209n.8 We see that “a set of [nervous] elements] We have seen that a set of retinal elements (224)

209n.9 quasi] quasi (224)

209n.10 coexistent positions] [in italic] (224)

209n.11 successive positions] [in italic] (224)

209n.13-14 of . . . extension] of visible extension (224)

Standard. Leading article on the Durango Decree, 28 Mar., 1837, 2.

quoted:365n-6n

Stanhope, Philip Henry (Viscount Mahon, later Earl Stanhope) (1805-75; DNB). Speech on the Affairs of Spain (18 Apr., 1837; Commons), PD, 3rd ser., Vol. 37, cols. 1428-38; reported in Morning Chronicle, 19 Apr., 1837, 3.

quoted:363, 366

referred to:364

Starkey, Theophilus William.

note: clerk to JSM’s solicitor, R.S. Gregson.

referred to:337

Starkie, Thomas (1782-1849; DNB). A Practical Treatise of the Law of Evidence, and Digest of Proofs in Civil and Criminal Proceedings. 3 vols. London: Clarke, 1824.

referred to: 7n, 47n, 52, 85n, 89

Stephens, Edward Bell.The Basque Provinces: Their Political State, Scenery, and Inhabitants; with Adventures among the Carlists and Christinos. 2 vols. London: Whittaker, 1837.

reviewed:359-88

Stewart, Dugald (1753-1828; DNB). Referred to: 163

— Elements of the Philosophy of the Human Mind. 3 vols. London: Strahan and Cadell; Edinburgh: Creech, 1792 (Vol. I). Edinburgh: Constable; London: Cadell and Davies, 1814 (Vol. II). London: Murray, 1827 (Vol. III).

referred to: 163, 218, 245

Swift, Jonathan (1667-1745; DNB). “The Grand Question Debated: Whether Hamilton’s Bawn Should be Turned into a Barrack or Malt-House.” In The Works of JonathanSwift, D.D., Dean of St. Patrick’s, Dublin; Containing Additional Letters, Tracts, and Poems, Not Hitherto Published; with Notes and a Life of the Author. Ed. Walter Scott. 19 vols. Edinburgh: Constable; London: White, et al.; Dublin: Cumming, 1814, XV, 148-55.

note: this ed. in SC.

quoted:363

363.10 nation.] nation: / My schoolmaster call’d me a dunce and a fool, / But at cuffs I was always the cock of the school; / I never could take to my book for the blood o’ me. (XV, 154)

Tahmasp II (Shah of Persia) (1704-40; EB).

note: appears at Támásp in the text.

referred to:349

Taylor, Algernon (1830-1903).

note: second son of Harriet and John Taylor.

referred to:329, 331, 338

Taylor, Elizabeth Mary (1861-1924).

note: elder daughter of Algernon Taylor.

referred to:329, 330, 331, 332

Taylor, Helen (1831-1907).

note: JSM’s companion on his tour through Spain, and hence included in the narrative “we” at 289-320 passim.

referred to:289-320 passim, 327-44 passim

Taylor, John Cyprian (1862-1939).

note: son of Algernon Taylor.

referred to:329, 330, 331

Taylor, Mary (1863/4-1918).

note: younger daughter of Algernon Taylor and eventually legatee of JSM’s papers.

referred to:329, 330, 331, 332

Temple, Henry John (Lord Palmerston) (1784-1865; DNB).

note: the reference at D.7 is in a quotation from Ward.

referred to:345, 346, 349

— Speech on the Vixen—Treaty of Adrianople (17 Mar., 1837; Commons), PD, 3rd ser., Vol. 37, cols. 630-6.

referred to:345

— Speech on the Affairs of Spain (19 Apr., 1837; Commons), Morning Chronicle, 20 Apr., 1837, 2. Also in PD, 3rd ser., Vol. 38, cols. 59-96.

quoted:365n

365. 14 “Unfortunately, history] But, unfortunately, sir, history (2)

365n.16 Europe. Let them look to their] Europe. (hear! hear!) Look at their (2)

365n.17 America—to all] America—Look at all (2)

365n.18 and they would see that their] and you will see that in all cases their (2)

365n.19 earth. One] earth. [paragraph omitted] One (2)

365n.19-22 One of the effects of the regeneration of Spain, through the force of constitutional government, was, that, by generating a public opinion they would improve the Spanish character, and put an end to atrocities like these.”] But I trust and hope that one of the results, at least, from the regeneration of Spain, through the medium of a free constitution will be, by the creation of public opinion which such a constitution must produce, that these defects and vices of the national character will, for the future, be corrected. (2)

Tenore, Michele (1780-1861; GDU). Catalogus plantarum horti regii Neapolitani ad annum 1813. 2 pts. Naples: Trani, 1813, 1819.

referred to: 297

Thiers, Louis Adolphe (1797-1866; GDU). Speech in the Chamber of Deputies (14 Jan., 1837), Morning Chronicle, 17 Jan., 1837, 2.

quoted:378n

378n.9 “Look] For, look (2)

378n.13 has] had (2)

Thornton, William Thomas (1813-80; DNB). Referred to: 327-41 passim

Thwaites, John (1815-70; MEB). Questioned: 395-7

Tite, William (1798-1873; DNB). Referred to: 399

— Question in “Third Report from the Select Committee on Metropolitan Local Government,” PP, 1867, XII, 569

quoted:399

399.4-5 “Our sewers ceased at Holborn Bars, and therefore we thought it very desirable to have this power.”] The point was this: that when we got to Holborn Bars our authority ceased, and that was very inconvenient and very undesirable? (569)

Tooke, John Horne (1736-1812; DNB). Referred to: 103

— Επεα πτεροεντα; or, The Diversions of Purley (1786). 2nd ed. 2 vols. London: Johnson, 1798, 1805.

referred to: 103

Tormasoff, Alexander (1752-1819). Referred to: 357

Travassos Valdez, José Lúcio (1787-1862). Referred to: 385

Treby, George (1644?-1700; DNB). Referred to: 56

Uniacke, Crofton (1783-1852).

note: Uniacke’s “plan” is embodied in his The New Jury Law: Forming a Title of the Code of Legal Proceedings, According to the Plan Proposed for the Statute Law of the Realm (London: Clarke, 1825).

referred to: 7n

Valdez. See Travassos Valdez.

Valerius Flaccus, Gaius (d. ca. 90 ; WWR). Valerius Flaccus (Latin and English). Trans. J.H. Mozley. London: Heinemann; Cambridge, Mass.: Harvard University Press, 1934.

quoted:351n

351n.2-7 “Cunabula . . . imperet.”] nec minus hinc varia dux lactus imagine templi / ad geminas fert ora fores cunabula . . . imperet; Arsinoen illi tepidaeque requirunt / otia laeta Phari pinguemque sine imbribus annum, / hi iam Sarmaticis permutant carbasa bracis. (274-6; V, 416-24)

Vauban, Sébastien le Prestre de (1633-1707; GDU). Referred to: 312

Veliaminov, Alexei (1783-1838).

note: the reference is in a quotation from Klaproth.

referred to:356

Vere, Horace (Baron Vere of Tilbury) (1565-1635; DNB).

note: referred to in the text as Horatio Vere.

referred to:364

Virgil (Publius Virgilius Maro) (70-19 ; WWR).

note: the reference is in a quotation from Laromiguière.

referred to: 134

Volkhovsky, V.D. (1778-1841).

note: the reference is in a quotation from Klaproth, who refers to him as the major-general.

referred to:356

Volney, Constantin François de Chasseboeuf, comte de (1757-1820; GDU). Voyage en Syrie et en Egypte, pendant les années 1783, 1784 et 1785. 2 vols. Paris: Volland, and Desenne, 1787.

quoted:350n

350n.15-20 “During . . . years,” . . . “that . . . young.”] [translated from.] Depuis cinq cent-cinquante ans qu’il y a des Mamlouks en Egypt, pas un seul n’a donné lignée subsistante; il n’en existe pas une famille à la seconde génération: tous leurs enfans périssent dans le premier ou le second âge. (I, 99)

350n.20 young. The] [2-page omission]

350n.20-2 The . . . country (Circassia).”] [translated from:] Le moyen qui les a perpétués et multipliés, est donc le même qui les y a établis: c’est-à-dire, qu’ils se sont régénérés par les esclaves transportés de leur pays originel. (I, 101).

Volta, Alessandro (1745-1827; EB). “On the Electricity Excited by the Mere Contact of Conducting Substances.” In a letter to Sir Joseph Banks, 20 Mar., 1800, Philosophical Transactions of the Royal Society of London, XC, Pt. II (1800), 403-31.

referred to: 28

Voltaire, François Marie Arouet (1694-1778; GDU). “Lettre XXII. Sur M. Pope et quelques autres poètes fameux,” Lettres sur les Anglais, ou Lettres philosophiques (1733). In Oeuvres complètes. 66 vols. Paris: Renouard, 1819-25, XXIV, 125-38.

note: in SC; the copy has a pencilled line beside it, probably not Mill’s.

quoted: 163

163.36 Anglais sont d’accord, il] Anglais pensent de même, il (136)

Walid I (675-715 ). Referred to: 352

Walker, George William.

note: clerk to JSM’s solicitor, R.S. Gregson.

referred to:328

Walton, William (1784-1857; DNB). Referred to: 364, 365

— A Reply to the Anglo-Christino Pamphlet, Entitled “The Policy of England towards Spain.” London: Hatchard, 1837.

reviewed:359-88

quoted:364, 368

368.27-8 “that the privates were the lowest] [paragraph] On the return of our liberals to power, they resolved to reward the compliance of the Carlists by letting loose upon them the lowest (138)

Ward, Edward (1638-1714; DNB). Referred to: 56, 58

Ward, Henry George (1797-1860; DNB). Speech on the Affairs of Spain (18 Apr., 1837; Commons), Morning Chronicle, 19 Apr., 1837, 3. Also in PD, 3rd ser., Vol. 37, cols. 1420-8.

quoted:367-8

Warwick, Lord. See Edward Rich.

Watson, Hewett Cottrell (1804-81).

note: the specific references at 267 and 281 have not been located.

referred to: 266, 267, 281

— “Some Account of the Oenanthe pimpinelloides, and peucedanifolia of English Authors,” Phytologist, II (Jan. 1845), 11-15.

referred to: 265

Watson, Richard (1737-1816; DNB). Referred to: 20

— A Letter to the Members of the Honourable House of Commons, Respecting the Petition for Relief in the Matter of Subscription. By a Christian Whig. London: Boyer and Nichols, 1772.

referred to: 20

Wellesley, Arthur (Duke of Wellington) (1769-1852; DNB). Referred to: 368, 377-8

— Speech on Spain—Lord John Hay’s Despatches (21 Apr., 1837; Lords), Morning Chronicle, 22 Apr., 1837, 1-2. Also in PD, 3rd ser., Vol. 38, cols. 137-50.

note: Mill’s exact source has not been located.

quoted:369

referred to:368

Wellington, Duke of. See Arthur Wellesley.

Wilkins, John William (b. 1829). “The Republic of Andorre,” Edinburgh Review, CXIII (Apr. 1861), 345-59.

quoted: 317

referred to: 317

317.25 “isolated . . . frontier.”] Andorre, then, is a republic isolated . . . frontier, included neither in France nor in Spain, but intervening between the two countries, and (so far as their frontiers and government are concerned) by much more ancient than either (346-7)

William IV (of England) (1765-1837; DNB). Referred to: 376, 377, 378

Woods, Joseph (1776-1864; DNB). The Tourist’s Flora: A Descriptive Catalogue of the Flowering Plants and Ferns of the British Islands, France, Germany, Switzerland, Italy, and the Italian Islands. London: Reeve, et al., 1850.

referred to: 292, 316

Wordsworth, William (1770-1850; DNB). “Rob Roy’s Grave” (1807). In Poetical Works. 5 vols. London: Longman, et al., 1827, III, 24-30.

note: in SC.

quoted:360

360.7 The good] For why?—because the good (III, 26; 37)

360.7 rule, the] Rule / Sufficeth them, the (III, 26; 37-8)

Yorke, Philip (Earl of Hardwicke and Viscount Royston) (1690-1764; DNB). Referred to: 80

Zonaras, Joannes (fl. 12th cent.). Επιτομη ιστοριων.

note: the spelling Zonoras appears in the text. Zonaras based his Epitome on Plutarch’s Lives (q.v.), among other works.

referred to:351

PARLIAMENTARY PAPERS

“Report Made to His Majesty by the Commissioners Appointed to Enquire into the Practice of Chancery,” PP, 1826, XV, 1-120.

referred to: 8

Protocols of the Conferences Held at London, between the Plenipotentiaries of Austria, France, Great Britain, Prussia, and Russia, PP, 1833, XLII, 1-551.

referred to:375

“Treaty between His Majesty, the Queen Regent of Spain, the King of the French, and the Duke of Braganza, Regent of Portugal,” PP, 1834, LI, 299-309.

note: the Quadruple Treaty, also known as the Quadruple Alliance, signed 22 Apr., 1835. The wording in PP differs markedly from that quoted in the text. The reference at 367 is in a quotation from Ward.

quoted:376, 377

referred to:367, 368, 373, 377, 378; 378n, 379

376.30 daughter, Isabella II.,] Daughter Donna Isabella the Second (300).

376.31 kingdoms] Kingdom (300)

376.32 and the ] and of the (300)

376.32 of Queen] of the Queen (300)

376.32 II.] the Second (300)

376.32-3 intimately convinced that the interest] being impressed with a deep conviction that the interests (300)

376.33 Crowns imperiously demand] Crowns, and the security of their respective Dominions, require (300)

376.34 mutual] joint (300)

376.34 for terminating] to put an end to (300)

376.34-5 which heretofore had for their object the overthrow of her Portuguese Majesty’s throne, and] which, though directed in the first instance against the Throne of Her Most Faithful Majesty (300)

376.35 countenance] shelter (300)

376.36 discontented] disaffected and rebellious (300)

376.36 kingdom] Crown (300)

376.36-41 their . . . kingdom.”] and Their Majesties being desirous, at the same time, to prove the necessary means for restoring to the subjects of each, the blessings of internal peace, and to confirm, by mutual good offices, the friendship which they are desirous of establishing and cementing between their respective States,—They have come to the determination of uniting their forces, in order to compel the Infant Don Carlos of Spain, and the Infant Don Miguel of Portugal, to withdraw from the Portuguese Dominions (300)

377.3-7 “The . . . treaty.”] In consequence of this agreement, Their Majesties the Regents have addressed themselves to Their Majesties the King of the United Kingdom of Great Britain and Ireland, and the King of the French; and Their said Majesties, considering the interest they must always take in the security of the Spanish Monarchy, and being further animated by the most anxious desire to assist in the establishment of peace in the Peninsula, as well as in every other part of Europe, and His Britannic Majesty considering, moreover, the special obligations arising out of His ancient Alliance with Portugal, Their Majesties have consented to become Parties to the proposed engagement. (300-2)

“A Bill Intituled ‘An Act for the Establishment of Municipal Corporations within the Metropolis,’ Appendix 9 of Second Report from the Select Committee on Metropolitan Local Government, etc.; together with the Proceedings of the Committee, Minutes of Evidence, and Appendix,” PP, 1866, XIII, 619-28.

referred to:399, 404

“A Bill to Make Better Provision for the Raising of Money to Be Applied in the Execution of Works of Permanent Improvement in the Metropolis,” 30 Victoria (26 Feb., 1867), PP, 1867, IV, 203-6.

referred to:395

“A Bill, Intituled, ‘An Act for Regulating the Traffic in the Metropolis, and for Making Provision for the Greater Security of Persons Passing through the Streets; and for Other Purposes,’ ” 30 Victoria (27 Mar., 1867), PP, 1867, VI, 423-35.

referred to:393

“Third Report from the Select Committee on Metropolitan Local Government, &c.; together with the Proceedings of the Committee, Minutes of Evidence, and Appendix” (20 May, 1867), PP, 1867, XII, 443-660.

referred to:389-406

STATUTES

ENGLISH

4 Henry VII, c. 13. Clergy Shall Be Allowed but Once. A Convict Person Shall Be Marked with the Letters M or T. A Provision for Them Which Be within Orders (1487).

referred to: 56

8 Elizabeth, c. 4. An Act to Take Away the Benefit of Clergy from Certain Offenders for Felony (1565).

referred to: 70

18 Elizabeth, c. 7. An Act to Take Away Clergy from the Offenders in Rape or Burglary, and an Order for the Delivery of Clerks Convict without Purgation (1576).

referred to: 56

29 Charles II, c. 3. An Act for Prevention of Frauds and Perjuries (1676).

referred to: 72

7 & 8 William III, c. 3. An Act for Regulating of Trials in Cases of Treason and Misprision of Treason (1695).

referred to: 70

9 & 10 William III, c. 32. An Act for the More Effectual Suppressing of Blasphemy and Prophaneness (1698).

referred to: 54

4 George I, c. 11. An Act for the Further Preventing Robbery, Burglary, and Other Felonies, and for the More Effectual Transportations of Felons, and Unlawful Exporters of Wool; and for Declaring the Law upon Some Points Relating to Pirates (1717).

referred to: 56

19 George III, c. 74. An Act to Explain and Amend the Laws Relating to the Transportation, Imprisonment, and Other Punishment, of Certain Offenders (1779).

referred to: 56

39 & 40 George III, c. 93. An Act for Regulating Trials for High Treason and Misprision of High Treason, in Certain Cases (28 July, 1800).

referred to: 70

43 George III, c. 141. An Act to Render Justices of the Peace More Safe in the Execution of Their Duty (11 Aug., 1803).

referred to: 47

48 George III, c. 129. An Act to Repeal So Much of an Act Passed in the Eighth Year of the Reign of Queen Elizabeth, Intituled, An Act to Take Away the Benefit of Clergy from Certain Offenders for Felony, as Takes away the Benefit of Cergy from Persons Stealing Privily from the Person of Another; and for More Effectually Preventing the Crime of Larceny from the Person (30 June, 1808).

referred to: 70

53 George III, c. 127. An Act for the Better Regulation of Ecclesiastical Courts in England, and for the More Easy Recovery of Church Rates and Tithes (12 July, 1813).

referred to: 55

53 George III, c. 160. An Act to Relieve Persons Who Impugn the Doctrine of the Holy Trinity from Certain Penalties (21 July, 1813).

referred to: 55

5 George IV, c. 41. An Act to Repeal Certain Duties on Law Proceedings in the Courts in Great Britain and Ireland Respectively (28 May, 1824).

note: one of Peel’s law reforms.

referred to: 8, 50, 57

6 George IV, c. 25. An Act for Defining the Rights of Capital Convicts who Receive Pardon, and of Convicts after Having Been Punished for Clergyable Felonies; for Placing Clerks in Orders on the Same Footing with Other Persons, as to Felonies; and for Limiting the Effect of the Benefit of Clergy (20 May, 1825).

note: one of Peel’s law reforms.

referred to: 8, 57

6 George IV, c. 84. An Act to Provide for the Augmenting the Salaries of the Master of the Rolls and the Vice Chancellor of England, the Chief Baron of the Court of Exchequer, and the Puisne Judges and Barons of the Courts in Westminster Hall; and to Enable His Majesty to Grant an Annuity to Such Vice Chancellor, and Additional Annuities to Such Master of the Rolls, Chief Baron and Puisne Judges and Barons, on Their Resignation of Their Respective Offices (5 July, 1825).

note: one of Peel’s law reforms.

referred to: 8, 48

6 George IV, c. 96. An Act for Preventing Frivolous Writs of Error (5 July, 1825).

note: one of Peel’s law reforms.

referred to: 8, 45

11 & 12 Victoria, c. 112. An Act to Consolidate and Continue in Force for Two Years and to the End of the Then Next Session of Parliament, the Metropolitan Commissions of Sewers (4 Sept., 1848).

referred to:398

18 & 19 Victoria, c. 120. An Act for the Better Local Management of the Metropolis (14 Aug., 1855).

referred to:392

25 & 26 Victoria, c. 102. An Act to Amend the Metropolis Local Management Acts (7 Aug., 1862).

referred to:401

29 & 30 Victoria, c. 90. An Act to Amend the Law Relating to the Public Health (7 Aug., 1866).

referred to:397, 398

FRENCH

Loi concernant les mesures de salut public prises relativement à la conspiration royale (19 fructidor, an V [5 Sept., 1797]), Bull. 142, No. 1400, Bulletin des lois de la république française, 2nd ser., IV, 7-10.

referred to:374

Loi qui ordonne la déportation des journalistes royaux (22 fructidor, an V [8 Sept., 1797]), Bull. 143, No. 1405, Bulletin des lois de la république française, 2nd ser., IV, 12-14.

referred to:374

BELGIAN

Code Civil. In Journal officiel du royaume des Pays-Bas, Vols. 17-21 (1822-26).

referred to: 91-2

SPANISH

Las siete partidas del rey Alfonso el Sabio, cotejadas con varios codices antiguos por la Real Academia de la Historia (1263). 3 vols. Madrid: Imprenta Real, 1807.

note: JSM’s reference is to the provision for the succession of daughters to the throne in default of sons, Partida II, Title xv, Law 2 (II, 132-3). The partidas were the work of Alphonso X, King of Castile, in 1263. This law was restored in the Constitution of Cadiz (q.v.) in 1812.

referred to:379

Constitución política de la Monarquía Ėspañola. Promulgada en Cadiz á 19 de marzo de 1812. Cadiz: Imprenta Real, 1812.

referred to:380

Pragmatica—Sancion en fuerza de ley decretada por el Señor Rey Don Carlos Cuarto a peticion de la cortes del año de 1789, y mandada publicar por S.M. Reinante para la observancia perpetua de la ley segunda, título quince, partida segunda, que establece la sucesion regular en la corona de España. Madrid: Imprenta Real, 1830.

note: the first reference is to the secret Cortes of 1789, where Charles IV overturned the Salic Law instituted by Philip V in 1713; the second is to the promulgation of this decision by Ferdinand VII in 1830 in his proclamation of his daughter as his successor.

referred to:380

Estatuto real para la convocacion de la Córtes Generales del Reino (10 Apr., 1834). Madrid: De Burgos, 1834.

referred to:384

Constitución de la monarquía española, decretada y sancionada por las Córtes Generales en 1837, y adoptada por la Reina gobernadora Doña María Cristina de Borbón (8 Jan., 1837). Madrid: n.p., 1837.

referred to:384

[102 ]Code Civil, in Journal Officiel du Royaume des Pays-Bas, Vols. 17-21 (1822-26). The Code was laid out in separate acts, not in sequential order, between 14 June, 1822, and 23 March, 1826.

[103 ]See Johann Gottlieb Heineccius (1681-1741), Elementa juris civilis, secundum ordinem institutionum et pandectarum (1727), in Operum ad universam juris prudentiam, 8 vols. (Geneva: Cramer Heirs and Philibert Bros., 1744-49), Vol. V, p. 374 (IV, XII, iii, 118).

[104 ]Ibid., p. 245 (III, XII, ii, 28). Bentham’s explanation is in Vol. I, pp. 409-10 (Bk. II, Chap. vi).