date

nd [wm 1798] D + To the Bank
nd [wm 1798]

D +

To the Bank

§ III. Application Principles

4 Verbal Description

Portraits

13*[?]

§.{3} /4/. Of Forgery in the way of Fabrication – Application of the Principles.

[Folio 003-317b was formerly pinned here]

{ 4. The fourth of the {difficulty above mentioned} circumstances above-mentioned

as capable of being made to enter into the composition of the instrument in

question (a Bank note) and therein of affording the means of throwing

obstruction in the way of an enterprize of forgery is the being capable of being

marked out to a degree of precision adequate to the purpose of prohibition and

punishment, by a purely verbal description, conceived in general terms without

the necessity of a reference to any individual object, to be referred to as the

object, the imitation of which is forbidden.

On this head it must farther be observed, that the act which the verbal

description is for the present purpose employd to characterize, must be such an

act as, with, or rather if possible even without, the warning given by the law

it will be morally impossible that a man should engage in the exercise of, with

any other intention than the very identical criminal intention marked out by the

law for prohibition and punishment. }

To apply this to the case of a Bank Note, framed and worded as at present –

The indication that would be afforded by a plate, fabricated in imitation of a

Bank Note of the present form, answers this purpose as far as it goes, as

effectually as can be wished. Nothing but the very words employd in a genuine

Note could afford the Forgerer any the smallest hope of succeeding in the

fabrication of a spurious one: and supposing a plate with these words upon it to

be found in the possession of any uncommissioned individual, no evidence could

be more perfectly conclusive of the existence of the criminal intention in

question on the part of the individual at least by whom the plate was made to

exhibit

those
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  • Title: [nd [wm 1798] 12 Mr. Bentham]
    Description: nd [wm 1798]

    12

    Mr. Bentham’s Plan for preventing Forgery of Paper Money.

    [marginal heading:] depending on resemblance to an individual pattern and to word

    the description accordingly.

    Note, that the instrument or production, thus taken for the subject of

    prohibition, must in each instance be of such a sort, as after the warning so

    given by the law, or rather (if possible) without any such warning, it will be

    morally impossible that a man should set about producing, with any other

    intention than a criminal one: viz: the intention of producing the mischievous

    imitation, which it is the object of the plan to prevent. To apply this to the

    cases of a Bank Note, framed and worded as at present. –

    [marginal heading:] Application of these two principles on the in the present

    plan.

    The indication that would be afforded by a plate, fabricated in imitation of a

    Bank Note of the present form, answers this purpose, as far as it goes, as

    effectually as can be wished. Nothing but the very words employed in a genuine

    Note could afford the Forgerer any the smallest hope of succeding in the

    fabrication of a spurious one: and, supposing a plate, with these words upon it,

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    could be more perfectly conclusive of the existence of the criminal intention in

    question, on the part of the individual at least by whom the plate was made to

    exhibit these words, whatsoever possible circumstances might be adducible, in

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    [marginal heading:] 7. - in the proposed plan

    But in addition to the one source of obstruction and detection thus afforded by

    the existing plan, the proposed plan affords eight other impediments of the same

    sort, all which however are comprizable under two heads: viz: those which regard

    the Portraits, and those which regard the Types. The business is, so to order

    both these articles, as that for the purpose of prohibition and punishment, and

    that without peril
  • Title: [[Copyist’s hand: part of a booklet, comprising]
    Description: [Copyist’s hand: part of a booklet, comprising folios 341 to 357]

    nd [wm 1798]

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    §.3. Of Forgery in the way of Fabrication – Application of the Principles.

    [marginal heading:] 5.

    3. Encrease of the difficulty of concealment, in regard to the exercise of each

    Art.-

    3. As to the difficulty thrown in the way of concealment, in regard to the

    productions of the several arts, the concurrence of which has been rendered

    necessary as above. In the present state of things the only production by which

    the criminal enterprize is capable of being betrayed is, in the case of

    fabrication, the engraved plate: and, in the case of alteration, even this

    resource fails. On the proposed plan, the following implement being added to the

    apparatus necessary for bringing into existence the genuine work will be so many

    articles, any one of which, if found in possession of any uncommissioned

    individual, may, if made to receive an appropriate and adequate verbal

    description, be sufficient to afford conclusive evidence of the crime - These

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    1 The Drawing serving as a pattern to work from, in engraving the Portrait on the

    Copper Plate.

    2. The Copper Plate itself.

    3. The assortment of appropriate types, in the finished state.

    4. Do in the unfinished state.

    5. The assortment of matrixes corresponding to those types.

    6. The assortment of Puncheons corresponding to the types & matrixes.

    7. The drawing, serving as a pattern to work from, in engraving the other

    Portrait on the block of wood.

    8. The engraved block of wood itself.

    [marginal heading:] 6

    4 & 5. Care taken, to choose such instruments and productions of art as

    are susceptible of description formed by General words without depending

    4 & 5 – As to the care taken, in the choice of the subsequent instruments

    or productions in question, that they shall be such as are susceptible of verbal

    description precise enough for the purpose of legal prohibition, and in the

    adapting the description to that purpose.

    Note
  • Title: [[Copyist’s hand: part of a booklet, comprising]
    Description: [Copyist’s hand: part of a booklet, comprising folios 341 to 357]

    nd [wm 1798]

    13

    §.3. Of Forgery in the way of Fabrication – Application of the Principles.

    peril to innocence, they shall be susceptible of the precise verbal description

    above required.

    [marginal heading:] 1. In regard to the Portraits.

    1. As to the Portraits, a bare Portrait could not of itself, nor without

    particular accompaniments, be accomodated to this purpose. A fancy Portrait,

    may, by accident, be like a real one: among real ones, a portrait designed for

    one person, may bear a near resemblance, possibly a still nearer resemblance, to

    another. Suppose the words of the law to be as follows – [“]a figure engraved in

    imitation of, and designed to pass and be taken for, the head or effigie of

    J.S., as the same stands represented on the face of a Bank Note.” - Conceived in

    terms like these, a verbal description would scarcely of itself be adequate to

    the intended purpose. To the eye of a scrupulous Jury, even a close and skilful

    imitation might present itself as the possible result of accident, and thereby

    afford room for doubt: and the less close the imitation, the greater the room

    for such doubt. To leave the requisite latitude of permission, for such

    portraits, as might otherwise be made, of the person in question, without any

    other view than those which give birth to other portraits, the prohibition might

    (it may be supposed) be confined to Portraits, within such and such limits in

    point of size. But, after every thing that could be done in this way, the want

    of certainty with regard to the subject matter of the imitation, would remain

    unremoved. The question Guilty or not Guilty would still rest on no firmer

    ground than the vague idea of similitude.

    [marginal heading:] 8. Precaution 1st – Combine with the Portraits, an indication

    of

    To remove this uncertainty, an additament to some such purpose as the following,

    would (it is presumed) be effectual enough. Connected with the effigie, a

    legend, indicative of the individual represented