JB_126_139.xml

Title: [5 June 1810 Influence Ch.1]

Description: 5 June 1810

Influence

Ch.1

2

This the less popular

According to /the/ another, the line of distinction between undue influence and that which is due, depends {either} /partly/ upon quantity, {or upon the shape in which} partly upon the nature of the source, partly upon the shape in which the influence (it being still influence of will over will) is applied.

Of a subject which is not in itself determinate, it is no easy matter, if it be so much as possible, to give any such account as shall be at once determinate and correct. Under this difficulty must be considered as labouring the best account that can be given of this theory as the subject of parliamentary influence.

The law of distinction thus depends

1. Upon the quantity - the proportionable quantity.

According to this theory it is not only proper, but necessary - necessary to the preservation of the constitution - that by the King, either directly or through the medium of his placeable and at pleasure displaceable instruments, influence - meaning always the influence of will on will, should be exercised by the King on the Members of the House of Commons: that so long as this proper quantity is not exceeded, the influence though exercised by the agent on this subject is not undue: but that if this proper quantity be exceeded, then in proportion to the amount of such excess, the influence becomes undue.

To this part of the theory bears reference the celebrated Resolution of the House of Commons by which A o 1782 it is declared that the influence of the Crown has encreased, is encreasing, and ought to be diminished.

125_037.xml

Title: [5[?] June 1810 + § Influence]

Description: 5[?] June 1810 + §

Influence

Ch. 1. Influence on[?] understanding

1

§. 2 or 3. Species of influence never undue - influence of understanding over understanding

We shall presently have to consider /speak/ of two theories or systems to one or other of which may be referred every opinion that has been or can be entertained on the subject of influence; I mean always considered as exercised on persons in occupying either of the two situations here in question viz. that of member of parl t. or Parliamentary Elector.

But before we entertain upon any such consideration, it may be of use, were it only for the prospect[?] of clearing the question of it, to speak of one modification of influence, {and that a very operative and extensive one /very extensively applied/} the exercise of which can not although applied to the situations here in question, both or either of them, be according to /under/ any theory or system, by a person of any party, objected to or considered as undue.

125_001.xml

Title: [8 June 1810 Influence analyzed - Ordo]

Description: 8 June 1810

Influence analyzed - Ordo novus propositus

Prob. I

Ch.1.

§.1. Objects of this work

1. What influence proper what undue

2. Where undue, why & in what proportion

§.2. Influence if understood over understanding, in no case undue?

§.3. Use of the word influence in protecting it where undue

§.4. Where mischievous, influence of will on will why mischievous.

Ch.2 King, influence on Members - whether and why undue /mischievous/

§.1. Existence[?] of a sinister interest on the part of the King supposed by the Constitution.

§.2. the existence real and indisputable.

§.3. Share possessed in it by his servants.

Ch.3. Systems in regard to the influence of the Crown stated and compared.

§.1. The two systems explained

§.2. Provisional preference /adoption/ necessary to be given to the more popular.

§.3. More popular - reason for the preference given to it.

In the open mode of voting the influence of will is exercised on the same person by the same person as d o on understandi g d o on understanding being beneficial as well as unavoidable, protects the sinister[?] from […?]

Sole method of decomposing[?] them, secret voting.

H. of Commons (suppose surrounded[?] with a […?] army[?], subject /devote/ to the King & hostile to the House. This not more mischievous than its existing influence.

 7 May 1811

Give the results in the first chapters.

Effective mischievousness of undue influence circumstances on which it depends viz on the ratio, occasional and habitual of the influenced band to the non-influenced: thence in the proportion between attendant and absentee.

For the effective influence of the undue influence of the Crown no actual declaration of will on the part of the King or of any Minister is necessary.

Therefore no degree of probity on the part of the King is (as parliament is now composed) sufficient to prevent the mischiefs of undue influence.

8 May 1811

Part I

Practical results

Part II

Of influence due and undue.

Part III

Mischief of undue Influence undue dependence.

Part IV

Efficient cause of undue dependence - matter of corruption Gratitude &c (including liberty[?] of Non-Attendance.)

Part I Of Influence proper and undue

Part .II. Of Parliamentary Dependence Independence and Corruption.

Part .III. /II/ Of Corruption in the situation /case/ of Members of Parliament

Part .IV. /III/ Of Corruption in the case of a Parliamentary Elector.

{Part .V. Parliamentary Corruption considered in various points of view.}

N.B. A large portion of Necessity in an abridged form be now engrafted into Influence.

Part V. Systems of corruption and incorruption compared.

Part VI. How to combat