1825 March 1

Jug Util

Ch. | | Plan of the work

§. | | Connection of the question [of] verity with utility

Default of verity is in the case /on the part/ of a system of religion sooner or later a peremptory bar to its utility /an efficient cause of its destruction/. For its utility depends upon the influence it has on our mind /feeling/ and conduct, and any good influence it have /can have must/ depends upon its being believed to be true: that is to say that certain precepts /mandates/ are delivered by it, and that punishment will follow upon non-compliance, or reward upon compliance with its /those same/ mandates.

But though to a good and useful and happiness augmenting purpose it can not operate /be efficient/ otherwise than in proportion as it is believed to be true, not so as to a bad and happiness diminishing purpose: for, by the hold it has /they have/ upon the imagination, ideas of pain and danger may produce sufferance, and even place /keep/ a person in a continual state of continual sufferance, when belief – the work of the judgment is altogether absent: when according to the unvaried[?] report of the judgment, the danger kept present in /to/ the mind by the imagination is verified[?] to be altogether void of reality altogether.

An instance of this has place in the case of stories of terrific facts of the supernatural sort. When /[…?]/ once implanted in early youth ideas of this sort take root in a manner never to be eradicated: and the proof that it is without being believed to be true that under the most entire persuasion of their falsity they produce the terrific effect, is that the effect is produced by fables, delivered and received as fables.

1828 Aug.

Blackstone

1

Fields judicial, geographical & logical with correspondent modes of division.

2

Geographical mode intelligible: so its division into Judgeshires

3

Logical unintelligible Result, Suits: 1. Civil 2. Criminal or penal 3. Revenue 4. Spiritual (to be added)

4

To judicature revenue -ration unnecessary

5

King not rich enough bulk of it drawn of suitors

6

Hence, no fee no redress: no liberty of self-defence.

7

Plaintiffs' fees paid, to produce defendant compliance his body was seized so ultimately his goods sold.

8

Not paying fees, contempt was attributed to him & he dealt with accordingly.Sheeps' contempt of wolf.

9

Given by King to judge a respect-commanding garment.

10

Consequence of fee payment 1. Multiplication of fee-yielding suits. 2. Multiplication of occasions for fees in each suit.

11

Effect of industry applied to multiplication of suits, war between judicatory & judicatory.

12

Against every judge, every suitor helpless.

13

Against by a rotten judge, every judge had the King to appeal to.

14

King ignorant & otherwise occupied.

15

Weapons lies; conveyed their King's ears into Parties

16

K.B. & C. B. both operated as defendant, imprisoning him on the cost of Plaintiff's fees.

17

K.B. a lie, to justify it in seizing CB's defendant . C.B. another to justify its own defendant.

18

All these & others Judge & Co. feeding lies approved by Blackstone, when called fictitious

19

Thus while violence was repressed, fraud was instilled.

20

Lying an indispensable instrument of justice: but not to be used but by Judge & Co.

21

Mendacity necessary to justice, as disease to health. Yet held unnecessary by all judges.

22

To render judicial field fertile in fees, manoeuvres two: 1. Written pleadings as contradistinguished to evidence 2. Extension of mendacity license to suitors

23

From material conversely oral pleading, by suitors, fees not extractable.

24.

From minutation yes in small proportions: but writing was not common enough. Nor could judge pay clerks enough.

3 Sept m 1828 Blackstone

Ch.I. Titles

Universal jurisprudence. Law as it ought to be, D o as it is & D o as it pretends to be, num intro these pages, together.

Universal jurisprudence what — its subject, the discourse of persons of all ages.

Use of this sort of discourse here, to render intelligible things not familiar.

When by jurisprudence we shall see what law ought to be, the law a standard to try law as it is.

As it is pretends to be, mind nearer than as it is — as per Blackstone to whom we shake often for details.

Blackstone most familiar of writers on this subject — only one who attempted to delineate it or justify its arrangements, to dispose persons to be satisfied with law's burthens by contemplating its benefits.

Difference between what he pretends it to be, & what it is, will be those who trust him liable to suffer from deception. Warning from its traces.

§.2 Jurisprudence, from two Latin words.

Universals speaks for itself. In law what is common to all nations, its enactments? many without any, as if it depended on lawyers, all would be so. Of those who have enactments, scarcely one of them common to all.

Of the matter of law the ideas are common, not their signs. These ideas expressed by different nations by words, in some cases cases similar, a portion of the language of jurisprudence may be said to be universal.

Not an inconsiderable portion of this same language common to all families.

First word to be considered is Command, it designates, the radical idea of jurisprudence.

What child unacquainted with its (command) import? — or with Commandments whether few or Christian.

More familiar than to order is to bid. Command & order from Latin, bid from Saxon - a bidding gives an idea of d o at an auction.

Commands and orders not universally agreeable — only to those who deliver them.

Next obligation — still less agreeable — real signification difficult to know. An 8 th vol. written on it.

14 th Oct r 1828

Blackstone

Obligatory dealings, are simple or compound. First of simple: this the synthetic cause. They are facts or obligatory promises, or conveyances or say acts of transition. 1. A pact, the simplest in this two persons engaged — Promiser and Promisee. The promise is a declaration by promiser to render to promisee a service. 2. A compact — composed of two or more pacts: subject matter of each — a different promise.

Number of persons engaged in it, indeterminate — but say two parties, between whom &c. Between excludes the idea of more than two.

A pact or compact, may be planted in or grow out of, a conveyance. 3. Donation — simplest conveyance: if any exceptions to be the right of transmitting such donation in so far, the simplicity of the dealing is diminished.

4. Barter, composed of two donations.

5. Sale, — here money is substituted, and so rendered somewhat complex: in barter, the thing transferred is determinate, not so money, till the moment of transfer.

For assistance take Bonaparte's Code: an English one w d. have been preferred, but none exists: mode of action, two sorts, Statute & Common Law, this latter not existing has no order.

1. Obligatory dealings, are either Promises or Conveyances No such distinction by Bonaparte.

1826. June 16.

Constitutional Code

Ch. IX Ministers Collectively

Functions with Submodes

I. Locative. Sub-Modes- 1. Engagement:; to wit by consent and contract: function, the conductive. 2. Pressing; to wit

without consent; function, the compulsorily

procrative

II. Self-Suppletive.

III. Directive.

IV. Dislocative

Sub-Modes 1. Promotion 2. Transferential 3. Degradative

4. Simply Dislocative.

V. Suspensive

VI. Procurative. Sub-Modes. 1. Purchase; function,

the emptive. 2. Hire; function: the conductive. 3. Fabrication:

functions, the fabricative. 4. Requisition; function, the

requisitive. 5. Grounds Receptive 6. Transmissive 7. Retroacceptive

VII. Custoditive

VIII. Applicative. IX. Reparative. X.

Transformative.

XI. Eliminative Sub-Modes- 1. Consumption

authorizing. 2. Venditive 3.Lease-Letting, on say

mercede-locative. 4. Ejective.

XII. Inspective.

XIII. Statistic.

XIV. Registrative, or say Recondative.

XV. Publicative.

XVI. Information-Elicitive

XVII. Officially Informative

XVIII. Information-Receptive

XIX. Melioration-Suggestive.

Ch. XII - Judiciary Collectively

S.8 - Functions common to all judges.

1. Accersitive or say hither-calling

2. Missive: or say thither- sending

3. Scrutative, or say search making or search-commanding

4. Prehensive and adductive or say Follower-Dry

5. Prehensive and abduction or say carry-off

6. Prehensive and sistitive or say and

7. Extraditive or say deliver-over

8. Sequestrative, or say take-in-trust

9. Venditive or say sale-making or sale-commanding.

1828. April

Constitut. Code

Ch.XVI Quasi

3. Consider the matter now in respect of appropriate intellectual aptitude.

Here against the Juror, in favor of the Judge, the case is so clear, that

no words can make it clearer. On the part of the Judge the aptitude is the

maximum: on the part of the Juror, a minimum.

As to appropriate active aptitude, it is an claimant which in this case

instance, can scarcely be said to have place. But if it had

the case would be as clearly in favor of the judge & against the judge

in this particular as in the one last mentioned.

1826. Sept r. 25

Constitutional Code

Ch.IX. §17. Supplement

Aristocracy ridden Monarchy

59.

Art... or 17 As to an Aristocracy ridden Monarchy be the misery of subjects ever so excruciating, upon no one member of the Aristocracy does any portion of the reproach and shame apply itself: be the prosperity ever so great, to no one member will the reputation and praise apply itself: the people, though in the aggregate experiencing depredation and oppression was so vast in amount in all shapes at his hand, yet not bearing to him individually in regard to him the sort of relation borne to him by his cattle, of no such sympathy as it may happen to his cattle to experience the fruits of, can the people be reasonably expected to receive the benefit

60.

Art... or 18 In a pure Monarchy, in the ordinary state of things, nothing happens to produce in the mind of the Monarch, hatred towards his subjects: all of thembeing individually at his mercy, to none of them does it ever occur to offer resistance to his will.

2 Feby 1827

Inserendum in Memoirs of Lind & Foster

As Lord Mansfield had sentenced Peter Ance to a Year's hard labour for an

Antichristian publication, and his patronage of Bishop Warburton who had the

reputation of being an Atheist was well-known, I had a curiosity to know the

state of the Chief Justice's opinions on that subject. I accordingly desired

Lind to inform me: the answer was unbelief. I put the same question to David

Martin: his answer was the same. David Martin was a man who was admitted to

familiarity, being the Painter who painted the portrait from whence the first of

the two engravings of his Lordship was taken, and who had been sent by him to

engage an Engraver for that purpose to Paris where engraver's work by a capital

artist scarcely cost the employer a fourth part of what it did in England. The

engraver he had engaged failing him before the work was half done, he compleated

it himself. Martin and I lived together in Paris about 6 weeks: our acquaintance

commenced on a packet boat between Dover and Calais.

1826 Nov. 6

Body-providing Bill

Draught

N.B. Argumentative[?] preambles of no less length might be found in the Statute Book; but should the following prescript be regarded as too long for modern usage, the considerations here brought to view might be eliminated out of the Bill: and no otherwise emplyed than as reasons in the mouths of its supporters.

§1. Whereas the life and health of the living mainly depends upon information collected from the bodies of the dead

And whereas under the existing laws this indispensible information is no otherwise obtained than by the /surreptitious attainment/stealing/ of bodies from Church yards to the great scandal of religion and affliction of the relatives of the deceased and whereas these laws notwithstanding the grievous obstruction opposed by them to the preservation of life and health have proved ineffectual for their intended purpose, so much that for the obtainment of the comparatively small number of bodies requisite to the purpose of instruction in the healing art little less than the whole population of the country remain[?] exposed to this affliction

And whereas it is but just that such persons as for the preservation of whose health when living the united stores of christian charity and medical art and science have been expended should contribute to the dispensation[?] of the same blessings to their surviving friends and countrymen especially at a time when by such contributions no suffering can be experienced by themselves

Be it enacted & c

that from and after the /zs/ of /zs/ next ensuing when and as often as admission within any hospital /the/ situated within that part of the United Kingdom which is composed of the Islands of Great Britain and Ireland is applied for on behalf of any person in quality of patient

1826 Nov. 6

Body-providing Bill

Draught

patient the requisite and sufficient consent shall be understood to have been thereby given to such disposal of his body in the event of his dying within the same /for the instruction/as may be most conducive to instruction/ in the art of healing under the direction of the medical practitioners having the principal charge of the said Hospital, and that with the exceptions and under the conditions hereinafter following such person's consent shall be sufficient warrant for the eventual[?] disposal of the body in manner aforesaid

§. 2. And whereas /after/notwithstanding/ any such consent actually given by the deceased it may nevertheless be matter of affliction to his surviving relatives to see or know of the exposure of his body in such manner as may be necessary, espeically if the same were deprived of the benefits according to the rules of the Church of England or other Christian Church as the case may be

Be it enacted that if within four and twenty hours after the decease of any such patient any person /presenting/shall have presented/ himself or herself at the said hospital offering to render oath or being of the persuasion of the people called Quakers to affirm that he or she /is husband or wife/was wife or husband/ of the deceased at the time of his or her death or related to him or her within any one of the degrees called with relation to marriage the prohibited degrees according to the form in Schedule A hereto annext which oath or affirmation any person who by the instrument of his appointment has been constituted Physician, Surgeon, Apothecary or […?] principal Assistant is hereby authorized to administer the body of the deceased shall be delivered to such applicant saving the right of such practitioner