I Dissenters

1. The inclination on the part of the […?] to destroy the Church, without the ability would afford no reason for putting them under any monumental /disagreeable/ restraint.

2. Coercive or attractive methods employed to produce conformity are either mischievous or useless.

3. Useless as to all those who would have conformed without them.

4. Mischievous as being productive of immorality, i:e. of falsehoods as to all those who would not have confirmed without them to 17

5. The text compel them to come in whatever be the interpretation put upon it, if it were to be understood to authorize persecution to induce men to become Churchmen could not to induce men to take a part in the controversive[?] among Christians.

6. Catholics no probability of their […?] – it would be for the world be for the world to go back upon in knowledge – enough conveniences by […?] not to be accounted as any thing

7. Persecution, if you can justify one degree, so you may every other

8. Such is the meanness of antipathy particularly religious antipathy, sooner than omit any chance of gaining its ends, it will put on the mask of cowardice.

9. All references to history is the story of the wolf & the lamb

10. Church to be defend – meaning the ecclesiastical as well as every other property of Churchmen

11. Every other apprehension of distinction of the church is a diffidence of, a rebelling against the general will.

12. It can not {but} be done but by a majority – Then you think the majority will be against you?

But if the majority are against you you are in the wrong. Fallible as it is, there is no other palpable […?] of truth […?] this

13. Those who say this will let it Atheists &c are certainly no friends to Atheists any more than to dissenters: they mean to stigmatize the one by the alliance and the other by the comparison

14. But by this supposition they pay Atheists the highest compliment, and give one of the strongest arguments that can be given for the innocence or rather mischievousness of Atheism – Atheists have then more conscience than believers.

15. There is a something which restrains men from being guilty of falsehood for worldly /gain/ advantage or to avoid suffering, even under /with/ the impossibility of detection even where detection is impossible.

16. Churchmen afraid of the destruction of the Church by the Dissenters must respect that the force of truth is against them – For what but the force of truth can prevail against the force /attraction/ of so /such/ many dignities and /a body of wealth/ {honour?}. Bishopricks so many bribes for keeping people to the Church

17. For 4 To maintain that […?] &c have any effect is to acknowledge the insincerity of those who take them.

18. There is no protection whatever you can not get people to subscribe to, {by} if you pay them for it, and punish them for not doing it.

19. What you want to come in for your share of the loaves and fishes? The complaint of the monopo[…?]t against the fur trader – of the rich shop-keeper against the poor hawker.

20. American a proof that dissenters are not intolerant now – This move is point than them history.

21. Catholics had a plea for persecution which Protestants have not.

22. …to punish men for continuing of the religion of their Fathers

23. Churchmen to inveigh against innovation! They who owe their existence to innovation

24. Finds for the propagation of the Gospel moderate. I wish they were more ample. Funds for the propagation of falsehood immense – 14,000 a year from Durham 10,000 from Canterbury, 6,000 from York,2,000 as an average for the other Bishopricks.

25. The real and true Members of the Church of England, are they, and the only, who would be so, were there nothing to be got by it.

26. Bolingbroke, to his other preferences, added that of &c. proscribing gainsayers to a system he did not believe

27. To exact oaths of Papists, saying Papists do not hold themselves bound by oaths, is to say I insist upon making use of this method because I am sure it can not answer its purpose.

Pu[…?] May 12. 1769

Philanthropos – ‘Is it not an article of faith in the Church of Provin…. Are men who hold such Doctrine . . . calculated to become good members of society in a Protestant country unless restrained by statutes containing some degree or an . . . . &c

Whatsoever would be saved must thus think of the Trinity.

I beg pardon of the Church &c I have never been able to hate those who differed from me: if I must hate it should rather be those who thinking with me with regard to those speculative points would be for employing the fruits of hatred to force others to think with me &c

In common cases a majority are bound /themselves/ by the Laws[?] they make – instance[…?], penal Laws &c

But in these laws are […?] acts of hostility of the majority against the minority, in which the rights of the one are sacrificed to the passions of the other.

Intolerant laws all turn upon confounding the truth of a proposition with the obligation to believe it.

It is universally believed that the garment of J. C. &c. […?] scorn. Suppose that by a collation of text or discovery of new ms any one should succeed in proving to deconstruction[?] that there was a scorn, would that {…?} impose on me an obligation to believe it

The only standard of importance used fundamentally is influence on moral conduct. […?] this and every thing is abundant to ones […?]ness & c[…?]

Of what importance can a truth be, how ever sublime from which nothing follows?

The constitution of the Godhead is with respect to us […?] and ignorant mortals of no {more} importance than the […?] or […?] of our luxurious […?].

Is it men with the max God as with the false ones of the heathens of different passions implied different […?], and by pleasing one a man had to fear the displeasing of {the} another then indeed it would be of importance.

As it is, it is of none: but what is of importance is that a person pronouncing one set of words should be led to conceive that a person using another set of words on that occasion

{indeed him}

[…?] the wrath of all those persons and that to such a degree as to be doomed by their […?] […?] to eternal misery.

The […?]ness the notion that every innovation is to wish the ruin of the Church is a consciousness /imputes a sort of/ of acknowledgement that it will not bear examination – In every department of government of government it would be concluded at once a proof of guilt

Pamphlets

Rights of the Protestant Dissenters to a compleat toleration affected 1789

Priestly: letter […?] P[…?]st 1786 or -7.

Brothers […?] of the Catholics.

Query of him whether the Papers are paid for insertions

Title

Thoughts on the claims of DIessenters

Two races – then of cost, & […?] . . . & Otions

It is the property of tyranny to provoke rebellion, and perhaps to justify it.

[152a-091]

Collateral Uses

3. Charitable Loan Office

Note continued

At Rome, and other towns in Italy, I have heard it frequently said by Travellers who received their information on the spot, and have even read as much in books which I know not at present how to refer to, the business is conducted upon terms still more favourable.

At Hamburgh, (if we may depend upon a work, now not very modern, but in its day of some account, having been compiled by government and printed for the sole use of Government in France) in Hamburgh, Pawnlending though performed at so low a rate of interest as 6 per cent, is reckoned among the sources of revenue: producing to the government an annual profit amounting in those days to 150,000 eens, whatever may have been meant by eens. Before government took this branch of trade into its own hands, the common rate of profit made by private dealers had been, (it is there stated) between 60 and 80 per cent. See Memoirs concernant les Impositions et Droits en Europe 4 Vol in-4 to a Paris Imprimerie Royale. 1768. Vol.[...?]. art. Hambourg.

[153a-033v2]

Systems of Industry Houses - Collateral Uses.

I. Pecuniary

1. Poor Man's Loan

Offices -

At an inferior rate of interest, if I am not much misinformed, the business is carried on, & that without expense, although without the benefit of any such advantage as above mentioned, in foreign countries. (d Meantime, at whatever rate

of

(d) At Paris, while France was France; money (I have been assured) used to be lent upon pledges, under a government establishment, at the rate of five per cent per annum, & no more, in certain cases, with the addition of 2 per cent, & no more, in other cases. This 2 per Cent & no more, served to defray the expence of management, house & warehouse room included. The capital was supplied by Government, & though without profit, (since 5 per Cent was but little if any thing more than the common rate of interest which might be made without any trouble of management) yet without loss.

At Rome, & other Towns of Italy, I have heard it frequently said by Travellers who received their information on the spot, & have even read as much in books, which I know not at present how to refer to, the business is conducted upon terms still more favourable.

At Hamburgh (if we may depend upon a work now not very modern, but in its day of some account having been compiled by Government & printed for the sole use of Government in France) - in Hamburgh, Pawnlending, tho' performed at so low a rate of interest as 6 per Cent, is reckoned among the sources of revenue: producing to the Government an annual profit, amounting in those days to 150,000 ecus, whatever may have been meant by ecus. Before Government took this branch of trade into its own hands, the common rate of profit made by private dealers had been (it is there stated( between 60 & 80 per Cent See Memoires concernant les Impositions et Droits in Europe - 4 Vols- in 4 to: á Paris, Imprimerie Royale, 1768 - Vol-1-art- Hambourg - Enquiring of persons connected with Hamburgh, I am told that the establishment still continues, and upon those same terms. At Petersburgh, money is but, in the same way, on government account, on terms nominally the same as at Hamburgh, but still lower in effect: for at Petersburgh, 6 per Cent is the common rate. The pledges being forfeitable, as with us, a profit is afforded, even at that common rate: and for the sake of this profit, individuals join with government and take shares.

After this, think of the English Pawnbrokers, and the impossibility they are under of " continuing their business" without 20 per Cent.

(a) The subjects to which the doctrine of chances has been want to be applied

being in almost all instances/cases/ of a worldly nature, for instance the

business of insurance in all its brahces, and in some instances/cases/ even of

an immoral complexion, as far instance where for the purpose of high play it is

applied to games of chance, -- to a pious mind, especially if not much exercised

– any branch/in speculations/ of the exact/belonging to/, a degree of uneasiness

will be apt/liable/ to be produced by the idea of applying the sort of language

here in question, to subjects of so awful and important a nature, as those/many

of/ which have been found or started found or endeavoured to be brought within

the field of faith.

But, not to look out for any others—by the late Minister of the Presbyterian

non-established Church the mathematical and political devine, Dr Price—whose

piety—whatsoever may have been thought of his politics never by any person

called in question, the doctrine of chances, with the appropriate language

unavoidably connected with it, is employed, employed, in and for the purpose of

the defence of religious faith, viz. on the subject of miracles, in his

injurious and well-known tract on Evidence and Miracles, printed in his Four

Dissertation London 2d 1768.

NONCON - Crit. Review + + For 1766. p. 328.

176

1

A writer in one of the reviews falls with great

asperity upon M r de Voltaire for

seeking (as it seems to him) in

one of his pieces this to

in the article Amour Socratique

palliate the guilt of this offence

This he does in the Grief of Griefs stile without attempting to invalidate the truth of any of those observations which appear to him to be introduced in that design

I dare answer for that gallant philosopher his physical abhorrence against this filthiness falls short in nothing to that of this Reviewer.

What is curious, the circumstance argument which

M r de Voltaire assigns as the reason

for his not holding it innocent, the only

property on from which it's political & consequently

moral guilt can rationally be

inferred established it's evil influence on population the Reviewer is sollicitous not without at least an appearance of propriety to contest not without plausibility: be this, forsooth

was being Frenchman's

artifice, to throw the opinion of it's guilt

upon a false an untenable foundation, in order to remove

it from the true.

2

What distinguishes a real from an imaginary

crime, is precisely this, that with regard

to the 1 st all observations that can be introduced

to palliate it, being either false in

point of fact, or inconclusive in point

of reason, admit in general of an easy a ready

and at the worst of a satisfactory reply: The History of such an one is it's severest satyre. the thorough examination of it the most effectual method of [rendering it odious] confirming strengthening the persuasion of its guilt. and the greater is that it's guilt, the less is there occasion for heat & exclamation men's judgments need but to be inform'd.

[On the contrary in the case of the latter, even

that persuasion has no other foundation than

prejudice, the setting up a for against maxim

& the giving full loose to the torrent of

invective & exclamation the only means

of it's support — men's passions must be

inflamed] Suppose the experiment, for example,

made on Rape or Robbery — are

these crimes to be defended with any danger

of advantage? If I were thoroughly a

man's enemy, I could not wish for

better sport, than to have him set up

[088a-004a]

Place and Time

Principles

Chapter 1

Principles to be followed in transplanting

Laws

The laws which would be the best for {England} the country from which the laws are to be transferred a greâ[?], being given, the next thing to be considered/object of consideration/inquiry is the principles upon/by which the variations necessary to be made in these laws in order to accommodate them to {the circumstances} of this}. Bengal, the country into which they are to be transferred in question are to be determined.

It hath already been shown that the end and business of every law, being what it/they ought to be may for shortness sake be reduced to their universal expression, the prevention of mischief. Now mischief, of whatever kind is ultimately reducible to pain, or what may be deemed equivalent to it, loss of pleasure. What then? is the catalogue of pains and pleasures different in one country from what is in another? have different countries different catalogues of pleasures and of pains? The affirmative I think will hardly be much maintained:

Place and Time

Principles

in this point thus far at least human nature may be pronounced to be every where the same. If the difference lies not then in the pains and pleasures themselves, it must lie if any where in the things that are, or are liable to be, their causes. In this point {in effect}/indeed we shall find it to be upon a little examination. The same event, an event of the same description, nay even the same individual event which would produce pain or pleasure in one country, would not produce an effect of the same sort, or if of the same sort, not in equal degree, as the same would have produced in another.

Now the pathological powers of any exciting cause will depend upon two particulars: 1. upon the state and condition of the person himself whose interests are in question: 2. upon the state and condition of the external subject {of which} the action of which is the exciting cause. Now the circumstances

[088a-004b]

Place and Time

Principles

by the union of which constitutes the state and condition of a man in as far as he is liable to be affected by an exciting cause as well as those which constitute the state and condition of any object which is exterior to him is as far as the action of such object is liable to become with reference to him to present an exciting cause, in the same circumstances of which the detail has been given under the title of circumstances influencing sensibility. In the catalogue then of these circumstances we shall find the sum total of the principles which we are in search, of the principles which in our enquiry concerning the influence of place and time on matters of legislation are to serve us as a guide.

The plan upon which this inquiry is to be conducted is already then completely drawn: the great task of invention has been performed: what remains is little more than manual labour. To assist him in the execution of it a man should be provided with

Place and Time

Principles

two sets of tables. Those of the first set created exhibit a number of particulars relative to the body of laws which has been pitched upon for a standard, as contemplated in different points of view: for example a table of offences: Tables of justification, aggravations, extenuations, and exemptions: a table of punishments: a table of the titles of the civil code: a table of the titles of the constitutional code, and so on. Those of the other set will be; a general table of the circumstances influencing sensibility: tables or short accounts of the moral, religious, sympathetic and antipathetic biases of the people for whose use the alterations are to be made: a set of maps as particular as possible: a table of the productions of the country natural and artificial: tables of the weights, measures and coins in use; tables of its population; and the like. For a list of articles or heads comprising a statement of the wealth and commerce of any country, see the Abbè Morellets Prospectus of un nouveau dictionaire de commerce. P.45. Paris 1769. 8[vol]. These tables if a

PUNISHMENT New — Stigmati n Temporary

Les Naturels lorsqu'ils sont en guerre, se font ferai

par leur femmes plusieurs raies noires sur le corps,

avec du sue ou jus de Genippa lesquelles ne

peuvent

etré emportées par quelques choses que ce soit:

mais elles s'effacent d'elles mêmes vers le huit

ou neuvième jour Trirmin, Description de

Surinam . Amsterdam 1769 8 vo Vol. 1. p. 47.

1. also Bancrift' account of Guiana If the justice of this Genippa would keep , or the plant grow of which the Author gives a description produce its fruit if it be the fruit only that has this property in

this Climate, it would for excellently for the purpose of

temporary Stigmatization — We must have recourse in and

of it to Polution of Mercury or Silver.

PUNISHMENT MURDER by Poison.

In the procession to Execution, the Criminal

might have hung in each ear transparent Bottles filled

with a black fluid a label being tyed hanging

to each marked in large letters "Poison".

He might be compelled in part of Execution to

drink a dose of the Poison with which the crime was perpetrated , proper remedies

being at hand to be administer'd for the producing an evacuation

after a certain interval. The Attempt might be punished with the Procession the Falis, and banishment.

HOMICIDE - of Infants [BR][8] CHILD MURDER

MOTIVES UNPERCEIVED — Exposition of Infants

A striking confirmation and it should seem a satisfactory instance

exemplification of the truth of this proposition, The truth

of this proposition is exemplified in a striking, and as it should seem

satisfactory instance

that reasons may

exercise a real tho' unperceived influence on the minds of

men, + tho' unperceived by themselves

+ notwithstanding those very men do not perceive it is to be

taken met with in from the practise

authorized by the institutions Laws of

among so many intelligent & polished

of parents exposing new born children to death at

pleasure — Now I say 1 st that

the conduct of the respective legislators in the

establishment or permission of this was governed by this

reason that what the mischief I have called the mischief

of the 2 d & 3 d orders is wanting in murders; to such

killings portions which as I have shewn compose

in almost the whole of the aggregate mass of mischief resulting

from that crime: +

+ the small over-plus (what they want of doing so, bury only that which

affects population, as which which it was not part of the ordinary policy of those nations to encourage

& the remaining portion small as it is in

comparison with those others is what they were not [ordinarily] accustomed

to regard consider as so being.

2 d and yet of this reason

they were not aware

1. st They were not aware of it because if they had

been, some one person in all this time would have assigned it,

& the institution would not have been treated as it seems

to have been all along been by writers

eminent Hume Young, Dialogue

— Warburton Dir-Legation. Ed. 1766. Vol. 1 st 107. & 319. as well as trivial as the result of

local prejudice and caprice

2. d It was that that

influenced them, because in none no one of those nations was there

a depriving of punishment of the highest Bond in the cases of

killing where those were it fails mischiefs do

subsist. & what cause but this for the difference can be assigned?

It was strictly speaking rather the absence the Impressions produced by the

crime not practise when attended with the secondary mischief that

was the cause of the dissonance of the treatment bestowed We are not to

conceive that their first violation was to proscribe punish

killing in general, & then made, in favor of

this sort of killing, an exception: but that they originally took a

resolution against that sort of killing

some time that they never took any against this. An Idea of

the confused light in which this matter has usually been beholden may be

taken, and in which to have beholden it is therefore no peculiar reproach [to

any one to have viewed it in] may be taken from what Dr Washop

of Gloucester one of the latest writers of that description has

said of it, who if his

notions had been clear about the matter, would not

have spoken of it ( tho' offering itself to his

consideration only cursorily & incidentally) as he has done.

He is speaking of the phantom of ( what is technically called) the

moral Lens which

making it the joint & not the sole measure standard of

right & wrong he is of itself an

insufficient barrier

to use his own expression for I fear in matters of such nicety to

misrepresent against vicious Customs, are to

They to a perceived (& that

perpetually) the terror & alarm spread by the slaughter of one

another by men at large — they had no such perception with

respect to the killing of a new-born infant; thus far

then the distinction they made between the 2 cases was a distinction (as one

should term it in French) raisonné It was not that they

perceived there was no terror produced in the latter case; but that they did

not perceive there was any produced: perceiving that there was in the Levy "Almost infinite (says

he that distinguished writer) are the popular Customs, [in the

several vitious ages & "of mankind,] which

owe their birth to the more violent passions of fear, Lust & Anger.

The most whimsical & capricious as well as the most inhuman &

unnatural, have arisen from thence. It must needs therefore

be, that customs of this original should be as opposite to the

moral Sense, as those appetites are from whom they were derived. And of how

great power Custom

is to erase the strongest im-

"Discretion in a Judge is the law of

"tyrants; in the best it is always unknown

"it is different in different men: it is

"casual and depends upon constitution

"temper and passion. In the best it is oftentimes

"Caprice, in the worst, it is every

"vice folly and passion to which human

"nature is liable.

Such are the words published as the

words of the late Earl Cambden as contained

in an opinion delivered by him

A t 1765 in his then character of Lord

Chief Justice of the Common Pleas on the

occasion of a question excluding the

evidence of a witness on the ground

of interest.

To those who when preserved from

the deceptitious influence of this or that

fallacy, are preserved from it not by

rational and relevant considerations, but

by the influence of some fallacy acting

on the other side this would naturally

enough be received in the character of

a most impressive and triumphant argument

Extracts from the case of Hall v. Campbell

N o 7 p. 213.

Whatever construction is to be put upon

it [the King's proclamation in Granada] which perhaps may be very

difficult through all the cares to which it may be applied, it

alludes to a government by laws in being, and by courts of justices, not by a legislative

authority, until an assembly should be called.

N o 8 pp 213,214

therefore think, that by the two proclamations and the commission to

governor Melville, the King had immediately and

irrecoverably granted to all who were or should become inhabitants, or who

had, or should regain property in the island of Granada, or more generally to all whom it

might concern, that the subordinate legislation

over the island should be exercised by an assembly with the consent of the

governor and council, in like manner as the other islands belonging to

the king.

Therefore, though the abolishing the duties of the French

King and the substituting this tax in its stead, which according to

the finding in this special verdict is paid in all the British Leeward Islands, yet, through the

inattention of the king' servants, in investing the order in which

the instruments should have passed, and been notoriously

published, the last act is contraducing to, and a

violation of the first, and is therefore void.

How proper soever it may be in respect of the object of

the letters patent of the 20 th

July, 1766, to use the words of Sir Philip Yorke and Sir Clement

Wearge, "it can only now be done, by the assembly of the island,

"or by an act of the parliament of Great Britain. "