Annuity Notes Moral Advantages

express support from Parliament. The credit of the proposed new Government

Annuities having been previously established by sufficient experience, let

a similar investment of all trust moneys as they come in be rendered a

matter of general obligation by an Act of the Legislature. A trust receipt book to be kept

with a trust till.In the book, an entry to be made of each sum received with the day on

which it was received: the statement of the day to be indispensable.

The money if not received in the shape of Annuity Notes, to be sent to

the Office on that day or the next, to be changed into Annuity

Notes:— the Notes received to be entered by their N os:—if the day not to be entered, the

first day of the year to be presumed, for the purpose of charging the

Trustee with the interest. The trust paper, as received, to be deposited in

the trust till, to save it from being confounded

with money of his own. This not to prevent the disposal of the amount

to superior advantage (i:e: at a higher rate of interest than what is

afforded by Annuity Notes) in as far as the nature of the trust

admitts of it. (a)

Note a

a Since the above was written a passage has been

discovered in Pinto, whereby it appears that at

the date of his book (1771) a law to this effect existed in Holland in

respect of

Annuity Notes Moral Advantages

What is this proposed to be rendered obligatory for

the benefit of the principal, is no more than what a careful Trustee would do spontaneously,

either for the benefit of the principal or for his own, according to the

texture of his conscience. Should a precaution thus simple and

unexceptionable be neglected, the institution of Annuity Notes will

be but too apt to operate as a premium for vice as well as virtue : a premium for improbity in hte one situation, as well as for frugality in the other.

II: Lastly as to promotion of Frugality. We have

seen the peculiar advantages which the proposed new species of property

holds out to the acquirer. Within a trifling and unavoidable fraction

2 d a day ; £3 for every £100 by the year

:— net for risk of lending but for more self denial in not

spending. Income receivable without expense, and

Note a continued.

of the interest bearing paper of this Country termed obligations [ De

la Calculation et du Credit p. 81] There is a great deal of

good and a great deal of evil (he says) in the effect of this law but the

good appears to consist in the mode of employing the money as above : the

evil to the hands in which the management is reposed or in some other

such collateral circumstance as the forced sale of property in

whatever other shape it may be in besides money for the purpose of

converting it into this.

XVI Circulating Annuities

Government Annuities having been previously established

by sufficient experience, let a similar investment

of all trust-moneys as they come in, be rendered

a matter of general obligation by an Act of the

legislature. —A trust receipt-book to be kept with

a trust till. — In the book,an entry to be made

of each sum received with the day on which it was

received: the statement of the day to be indispensable. The money, if not received in

the shape of Annuity Notes, to be sent to the

office on that day or the next, to be changed into

Annuity Notes: the Notes received to be entered by

their N os:— if the day be not entered, the first day

of the year to be presumed, for the purpose of charging the Trustee with the interest. The trust-paper, as received,

to be deposited in the trust till, to save it from

being confounded with money of his own. — This not to

prevent the disposal of the amount to superior advantage

(i:e: at a higher rate of interest than what

is afforded by Annuity Notes) in as far as the

nature of the trust admitts of it. (c)

What is thus proposed to be rendered obligatory, for the

benefit of the principal, is no more than what a careful Trustee would do

spontaneously, either for the benefit of the principal or

for his own, according to the texture of his conscience.

Should a precaution thus simple and unexceptionable be

neglected, the constitution of Annuity Notes will be all

too apt to operate as a premium for vice as well as virtue; a premium for improbity

in the one situation, as well as for frugality in the other —

Since the above was

written, a passage

has been discovered

in whereby it

appears that at

the date of this Book

(1771) a law to this effect existed in Holland in respect of the interests bearing of their , turned [ De la Circulation, et du credit J. B1]There is a great deal of good a good deal of (he says) in the effects of these laws but the good appears to consist mode of enforcing the summary as above in the to the hands in which the management is respond,or some other such in whatever , may be money, for the portion of at onto this.

XVI. Moral Advantages

2. Lastly as to promotion of Frugality — we have

seen the peculiar advantages which the proposed

new species of property holds out to the acquirer.

Within a trifling and unavoidable fraction, 2 d a

day; £3 for every £100 by the year:— not for risk

of lending, but for mere self-denial in not spending. Income,

receivable without expence, and without striking from his home. No attendance — no Agency

fees, no Brokerage fees — no stamp duty, either on

purchase or on sale. No loss, on either occasion, by

fluctuation of price.— Not a day without its profit:—

profit by keeping, for the minutest as well as for the

largest portions of time: Conveyance obtainable for

it by post, in the minutest portions as well as to

the most distant parts of the island. Security afforded

by division against misadventures of all sorts;— against

accidents and against enemies:— in the house or

on the road:— by fire, water, or forgetfulness:— from

theft, robbery, burglary, or breach of trust. — Compound

interest, bought within the reach of individuals

for the first time.

In proportion to the degree in which it presents

these several accommodations, in that same

proportion does it act as an incentive to frugality:—

in all classes, in a certain degree, and in as far

as current expenditure is concerned: but in a more special

come in, be rendered a matter of general obligation by an Act og the legislature.— A trust receipt-book to be kept with a trust-till.— In the

book, a entry to be made of each sum received, with the day on which it was received: the statement of

the day to be indispensable. The money, if not received in the shape

of Annuity Notes, to be sent to the office on that day or the next, to

be changed into Annuity Notes:— the Notes received to be entered

by their N os:— if the day be not

entered, the first day of

the year to be presumed, for the purpose of

charging the Trustee with the interest. The trust-paper, as received, to be

deposited in the trust- till, to save it from

being confounded with money of his own. This not to prevent the disposal of

the amount to superior advantage (i.e.: at a higher rate of interest

than what is afforded by Annuity Notes) in as far as the nature of the

trust admitted of it. Since the above was written a passage has been

discovered in Pinto, whereby it appears that at

the date of his book (1771) a law to this effect created in Holland in respect of the interest bearing paper

of that Country termed Obligations ( Dela

Circulation, et da Credit. p.81.) There is a great deal of

good and a great deal of evil (he says) in the effects of this

law—: but the good appears to consist in the mode of employing the money as above: the evil, in the

hands in which the management is reposed, or in some other such collateral circumstance as the forced sale of

property, in whatever other shape it may be in besides money for the purpose

of converting it into this.—

What is thus proposed to be rendered obligatory,

for the benefit of the principal, is no more than what a careful Trustee would do spontaneously, either for the benefit of the principal or for

his own, according to the texture of his conscience. Should a precaution

thus simple and unexceptionable be neglected, the institution of

Annuity-Notes will be but too apt to operate as a premium for vice as well as virtue; a

premium for improbity in the one situation, as

well as for frugality in the other.

2. Lastly

as to promotion of frugality.— We

have seen the peculiar advantages which the

proposed new species of property holds out to the acquirer. Within a

trifling and unavoidable fraction, 2 d a day; £3

for every £100; by the year:— not for risk of lending, but for

mere self-denial in not spending. Income, receivable without

expence

, and without stirring from his home.

— No

attendance — no Agency fees — no Brokerage fees

— no Stamp duty, either on purchase or on sale.— No loss, on either

occasion, by fluctuation of price.— Not a

day without its profit:— profit by keeping, for the minutest as well as for the largest portions of time:— conveyance obtainable for

it by post, in the minutest

portions as well as to the most distant

parts of the island. Severity afforded, by division, against misadventures of all sorts:— against

accidents and against crimes:— in the house

or on the

road:— by fire, water, or

forgetfulness:— from theft, robbery, burglary, or breach of

trust:—:— compounded

interest, brought within the reach of individuals for the first time.—

In proportion to the degree in which it presents these several

accommodations, in that same proportion does it act as an incentive to frugality:— in

all classes, in a certain

degree, and in as far as current expenditure is concerned: but in a

more especial degree, in those humble, and at the same time most

numerous

SUBSCRIPTIONS

- And for what is it that must a whole people be perpetually exposed

to the perpetual danger of making shipwreck

either of their good sense or of their consciences

merely that a few men may enjoyhave the pleasure

of triumphing over reason, & to save of escaping

them from the intolerable inference that may be made that intolerable so intolerable to to their scolasticpride of their having once in their lives done what they had better not have done

of their having done , been one instance in their lives when they might have done better from others being

suffered to do otherwise. permitted not to do the like.

Introduce here the argument I think in a

tract of D r Randolph's, that if the University alter'd r

the mode they would thereby tacitly confess

their having been in an error.

thirty odd alterations he suffer'd to be made in his Bill.Compare this with L d North's conduct in the East India affairs

By what strange fatality Social necessity is it that that intelligent & patient minister should have thought himself obliged to the alliance and lent himself to the views purposes of men, of whose conduct it is the reproach to be thus opposite to his own. .... There are the Tools which we they have to work

with, who would when we would take in hand the great

work of Legislation Reformation. too happy the public would [when]

they Conduct themselves with the character of

passive negative incumbrances, the public welfare without ambitionating aspiring to prosperity

the honour merit of an active opposition.

Doomed for their... Whose whole life must be continued from

of devoted blindness, or of creeping leering dissimulation Give me those that can look truth full in the face

Tis not the holding of certain opinions that debases

the character, but the being obliged to hold them.

The Athanasian creed

That compound of every thing that [+] [+] is either odious or contemptible in language

Madman's dream

with whose understanding & or the Harebrained enthusiast

heart of him who it or dishonour

justice of Destiny on whom it is father'd

doctrines without sense, and curses without

mercy.

The most prudent course they can take as

children of this generation is to stand up

boldly and without flinching for the sincerity of

their faith since nobody

be able to disprove their veracity though

nobody should believe it.

unseconded by the suffrages ofAt this price, Riches Titles, & such sort of honours as

power without the can bestow

can bestow is their own: the ladder of preferment

invites their steps.

Reverence for Oaths amonfg the common peoplein Scotland - where there

are no subscriptions in the universities.

Where Oaths permeated with great

solemnity according to Mr Wilson + + v. a letter signed Veritas giving an account of the finished procedure in Scotland in the Journal of same day betwixt the 3 r July & the 5 th August 1773

The people struck with the form of an oath -

Therefore custom-house [Exchequer] oaths

not regarded [Qu] (ascending to the same)

because administer'd in the English manner.

A Highlander thinks nothing of an oath

if not pronounced taken in his own country

form.

Yet Decision more common there among

the gentry, than here.

Fictions abound not in that Law as

in ours

Particularly those Fictions upon Oath which subsist in the findings

of Grand & Petty Juries

The world is too full of any rate, of dissimuation

& prevarication & insincerity to need it their being [ instated into the fountains springs of education, and] inculcated by

Law

Are all the consequences right or wrong that any man or any at

of men have chosen are in d to draw from the normal proposition

that are in scripture of equal importance to be counted into

Articles of faith?

If not how often must it be in vain repeated From Give man to be permitted to make Articles of faith of the ...

that there is can be no other criterion of the importance of the light that was upon upon ....

of an article, that its [influencing or not influencing] upon....

influence upon some point of human conduct.

If Jesus had happened to have dropped and upon the view of S t Bartholomew's great ? upon the colour number of the hogs that were driven [by the devils] into the Lake

that the 3 angles of - Triangle are equal

to 2 right ones for that 2 sides together are greater than the 3 with the same reason we might have

had half enacted & as many conclusion

conclusions besides as can be drawn

from it.

An Atheist of relaxed morality may be a

Catholic, a Church-of-England man, a Presbyterian -

any thing.

The most unsupportable the most self-distinction

of all pretences is that which supposes

An Atheist to be stopped by Oaths which by the very

supposition he has no regard to.

by the debilitation of character

loss of spirit - [By the extinction of all

those generous qualities which accompany characterise

independence] But what have they to do those

who want neither to serve nor to be served?

God forbid I should be understood to refuse to

the sweets of friendship or stigmatic with the

reproach of servility every connection formed

betwixt persons unequally favoured with the

gifts of fortune - Nothing can be further from alike to

my breast than sentiments so weakly cynical.

My meaning is but this - - to represent the

notion of the presumption against connections

formed under such auspices.

Tis theseScholars, Servitors, do Gentlemen as they are

thought to call themselves, do the offices of Footmen

to men, to of whom it is not pretended

A tenure worse than Villinage

they want any thing but riches to be [the]

equals.

This is the state of things in [+] the Republic

[+] in a place that would be thought the metropolis

of Letters, & under a religion which

holds Riches in under disgrace.

To necessitate them to excell in qualities which

give a superiority to any one possession that possesses than

by supporting the influence of those peculiar

to themselves.

I despise lament what they are - I reverance what

they might be.

Instance of conniving at the breach of Laws -

v. a Narration of the dispute in New College

between the Warden and Crow a Tutor

there upon his Pupils' keeping a Servant

The 2 d Letter in hand. Evening March 17-19.

1774.

Absurdity of Saunderson - While an Oath solemnly

taken does not make the Creation of

it guilty of Perjury - a simple engagement

a fide data a huic Universitate does

TERRAE FILIUS I

When Chiron sings this beautiful apologise took... young Achilles under his charge

the beautiful apolog of the ancients

he nourished him with Lion's marrow.

With What is it that they feed their Pupils? . With the

Diet drink of mumbled oraisons three times

a day repeated forced down, with the opiate laudanum of Sermons

printed at request, with the picacuanlia

of Creeds & Catechisms, with the Arsenic of

Subscriptions & [unbelievable] Paths engagement. [not to be

observed] made only to be broken

Fruits in Pastry with Mottos instead of a Kernel-

made taken to be broken - The Motto in these is

£100 a year, 1,000 £ a year, 10,000 £ a year.

are told of a time,

in the of Sark when the wisdom and piety of the University

met together to sit in judgement on the heretical

[+] or whether it is that it has been more continually reproduced by the same union of ignorance

& timidity narrow mindedness which originally gave it birth:

performance: For the suppression of it, all was

unanimity. but there were some debates about the

manner - It was at last "concluded", say

our Authors that without any public censure

each head of a house should endeavour to prevent

it's being read in his own college +." + v. Biographia Britiannica - Life of Locke [quoted in Priestly: Essay on the 1 st Principle of Government. p 82. Ed.1768.

I know not whether the resolution has been

handed passed down by tradition from scull to scull as a choice

political arcanum: [+] but this I know that

for any thing I ever heard of this essay during

a 7 year's residence in the University

(I mean from Professors, Tutors, Spiritual

Pastors and Masters) I should never have

known of it's existence.

2

42 Prefat

It is not so in Russia, where Catherine the second reigns superior to all prejudices and all fears. On the 21 of Jan, 1774, Under her auspices and by her permission> [a premium was offer'd] by the Government of Moscow published the following advertisement

nor for painting declamatory

but for the best answer to the questions following. no premium given see MS. II. 221

If the such discarding of - [banishing] such jealousies be needless competent a novel in were to a despotic government, I shall leave it to be consider'd how far[ there be entertaining of these would be] pardonable in the delegated Legislation of a free people.

Despair of popularity

Though written on a popular subject, I have no expectation that this little book will ever become popular. I have endeavoured as much as lay in me to be accurate: and I have observed not in Politics only but in Physic, in Divinity, and all other sciences of which the people in general have a superficial tincture, these books have been most popular for a time I mean, which have been least accurate. The truth is the bulk of men who read only for amusement are much better pleased to have their passions flatter'd than their understanding cleared. To write accurately is to impose a task on the reader which few men without a particular and a pressing interest are willing to go through.

Popular

writing inexact and fallacious

Were it my object to have it popular, I would

take this book and deprive strip it of

the greater part of what appears to me to be its merit. I would never quit the current language in search of a more accurate expression. I would discard metaphysics I would betake myself to the language of what is called sentiment and declamation. I would declaim

43 Prefat.

on one occasion or another against all punishments, and particularly against [those which] such as are most efficacious: [without staying to think] never troubling myself

to think how the world was to go on without them I would recommend most impatiently on the adoption of the greater evil, for the pain it gave me to keep thinking of the lesser.

I began popularly The errors I am censuring are my own. I began like other people.

Struck with some superficial features of the subject, I began in the strain of declamation. When I came to investigate the matter soberly and regularly upon the principle of utility I threw my declamations into the fire.

I have no hope but in the good opinion of those who have been used to meditate on the subject.

If it be good for any thing they will approve of

esteem it upon conviction: building on their authority, the bulk of readers in process of time will esteem it upon trust. Till then it is [well if it be not odious]. far too

much to expect it should be popular. It is well if it be not odious.

Begin.

This little book is but a scantling of a much [larger] more extensive work. Upon trial I found a facility

that I did not at first expect in separating it from the rest. I thought good to separate it because its size may give it admission

to many readers who will never have resolution to encounter what remains behind: and because I thought it as well to know by make a trial upon a small scale, whether what I had to offer on a large the large scale was likely to be of use.

28 C

Prefat.

Reformers in Russia In Russia the genius of patriotism to make

his [dictates] words more persuasive himself more amiable has clothed himself in the

habit of a woman; and to make himself them the more

efficacious powerful has seated himself on the throne. From

the throne itself issue plans projects of legislation, wise

and benevolent as is the heart spirit that dictated them;

and vast as in the countries they are to govern

Reformers scarce in England In England ...

... look here at this man and we shall see [judgment] genius &

judgment [& eloquence] and perhaps probity, but the

west is perilous and he trembles at his own shadow.

look as that man we shall see genius & judgment

but by taking the parts of individuals

right or wrong, there is from 8 to 10,000£ a year

to be got, and by taking the part of the public

nothing.

The rare eloquence inimitable pen of the most elegant of all institutional

writers on the law is employ'd exerts itself

in nothing with so much zeal as in smothering

the seeds of reformation

A few years ago, it appeared to the Commons thought that the

Statute Book might be the better if &c

but to their Lordships it seemed otherwise.

To the Commons it appeared [right] that if] the

orthodox were to give up the pleasure of tormenting persecuting

their dissenting brethren religion and peace might be

the better for it: but to their Lordships, and more especially

to my Lords the Bishops it seemed otherwise.

Diis aliter visum.

C 25

Prefat.

Stile precision Poetry x Law The end of poetic language and the that end of legal

language are precisely opposite. The end object

of the Poet is to throw the mind into a kind of

pleasing delirium which disturbs the exercise of the

judgment, and is favoured produced by the indistinctness

of the images offerd to the [view] conception. The purpose of the

legislator requires that both the composer and the

reader may be as much as possible in their sober

senses that they may be able (the one for the purpose

of determining what he shall command, the

other for that of knowing what he is to obey) to distinguish

every object as perfectly as possible from all

others with which it is in danger of being confounded.

No kind of enthusiasm ought either the Legislator

or the Judge to have about them, not even the

enthusiasm of humanity.

Sardinian Laws for a praxis If any one wants to compare in an easy and

commodious manner this sketch with a body of

Laws actually established he may have recourse

to the Digest of the Laws of Sardinia promulgated by authority in 1770, &

printed at Paris in 1771. in 2 vols 12 mo

Take notice of D'Argenson's elogium.

Code a premature fruit Of the work which I had begun & almost finished [and in

which I was far advanced] on under the Title of

Theory of Punishment, and the work I had projected

under the Title of Theory of Offences, the

Code which I am now offering to the Public, was

to have been the Fruit. This fruit I have now been

forced to gather before it was ripe, that I might

not lose the market.

PUNISHMENT. RECOGNIZANCES.

Prevention is }

Subsequent operations Punishment in general

Anticipation

Recognizances which are { General - Frank Pledge

Special { Precedent to any conviction

Subsequent

of Frank-pledge — wherein 1 t of Actions against the County — 2 d Proposed to be revised in the case of Jews.

Actions against the County answer the purpose rather of compensation than of Prevention : each man's share of suffering being so minute & distant.

Recognizance contributes to it's end in two distinct ways

In the first it may be considered as a reduction of an uncertain punishment to a certainty with a view to augment it's force upon the imagination: Objection - expectations by uncertainty are magnified Answ. But here the Punishment is already limited on the end of Excess by the opinion of the prudence of the Judge. this then ensures it's effect by tak limiting it on the side of deficiency

In the 2 d, is an oppositional of special Watchmen.

PUNISHMENT RECOGNIZANCE. Jews.

Instance of a dedommagement that might be given to Jews for making them answerable for each other

Ann. Reg. 1771. p. 111. June. Copenhagen May 7. The Jews, who are very numerous here, have obtained liberty to construct a Synagogue , and have obtained other privileges. They are also allowed to punish Delinquents according to their

Law , & to settle the satisfaction to be made to this amount of 50 Rixdollars.

Church-Yard.

An Account of the Felons who were in the Goal of Newgate in 1772.

Felons.

London. Middlesex. Hicks's H. Westmr.

January Session 1772 33 85 1 3

February Session 34 121 10

April Session 63 160 11 6

June Session 24 104 7

July Session 23 221 5 8

September Session 41 183 7

October Session 34 121 5 6

December Session 75 179 5

327 1074 51 23 Tot. 1475

Sheriffs Debtors — — 138

County Court Debtors — — 115

Excise Debtors — — — 7

Total from Jan. 1772 to Dec. 1772 inclusive — 1735

The Number of Prisoners who died in Newgate in each Year from the 1st of January 1763, to the 31st of December 1772.

Died.

In 1763 — 27

1764 — 14

1765 — 13

1766 — 23

1767 — 33

Died.

In 1768 — 36

1769 — 23

1770 — 34

1771 — 27

1772 — 32

From 1747 to 1764, the Number of Prisoners never exceeded 1300.

Note, The Number of Prisoners from 1763 to 1771, will be

published as soon as they can be extracted from the Books.

Judicial Interprets to be certified.

NOTORIETY COMPOSIT. COMMON LAW:

+ 11.G.3.c.1. A recent case that has happened

to attract the attention of the Public, will serve very well to

illustrate what has I propose been proposed.

An Act is passed prohibiting persons of a certain description from having

in possession a certain commodity beyond a certain amount, under a

specific as well as a pecuniary forfeiture +.

A person of the description in question contravenes the Act: but it

so happens that the

in the particular: and seizure is made

of the prohibited over-plus

but it so happens that the commodity in question at the time of

seizure has inextricably mingled with another

commodity not included in the prohibition, & consequently

not

liable

to seizure. The owner taking advantage of this, refuses to

submitt to

opposes the seizure: & upon

2

an indictment & case stated it is determined that the seizure

that the opposition was criminal or unwarrantable under

the circumstances was lawful. #

# Sh1.v.Ld Jst. Mawbey.

Now this

decision one sees is a polychristo

applicable to all cases of specific forfeiture where the thing

forfeitable is inextricably mingled with another - It was

allways

implicitly

contained in clauses

or specific inflicting such a

forfeiture: but never expressly announced till by this decison, and

then in this law

not of

original enactment, but of interpretation: But as the interpretation

is

more just than it

is obvious, there is as much reason, why it should

undergo an express notification as why many others

should that have. As it is not obvious, by men

flattering themselves with being in such a way as this for to

the Law, may be led into transgressions upon

which they could not have ventured if they

3

had known that the expedient would not save them +

+ v.a Story from Paris in the Ann. Register

1771. p.136. of the Tax on Hogs brought into Paris at so much

per Head. They were brought in without Heads.

this is one mischief: and of these men some being detached; would

prove too cunning for themselves: and this is another mischief.

It is therefore for the purpose on obviating those therefore

in all cases

that I propose the Judges should certify to

Parliament, at a brief note of it the

particular case cleared of all technical dross 2 nd an Axiom in the

form of the most extensive application that can be given it

drawn from the reason of that case. & that it

be

from these Axioms at

it be standing rule in the two

Houses at every Session to take into consideration the

Actions Axioms that shall have been certified since the

proceedings & to incorporate

the purport of substance of all those Laws to which they may

apply.

The form for example of such an Axiom in

the case instance in question might be this "When a

Specific Forfeiture is

evry thing inextricably mingled with the thing forfeited

at the time of the seizure passes along with

it.

After this, if thought necessary might follow be subject

Aphorism or two to explain in

which

case 2 heaps of different commodities shall

be deemed inextricably mingled