[036-156v]

1821 May 18

Codification Offer

'.4. Draughtsman single

Now then as to Case 2. Functionary on whose will the ultimate effect of the Draught alias the Code - an all-comprehensive one - has received the force of Law, the Monarch: acting in subjection to that will, Draughtsman one.

So far as by the Monarch his interest - meaning on this occasion his self-regarding interest - is understood by him - and interest, laying out of the account prejudice and original weakness, operates, (a) and the indolence, so natural to that situation, admitts of his paying attention to it, the arrangements inserted will of course, from first to last be those which the view taken by him of that same particular and hence sinister interest as applied to the several parts of the field of legislation shall have pointed out: of that one interest, including of course as many other particular and thence sinister interests as it may have pleased him to admitt into participation of the benefit. (b)

(a)

Interest

prejudice

relative ignorance and original or inbred weakness - to one or more of these efficient causes may every aberration, from the line of conduct most aptly conducive to the greatest happiness of the greatest number, be referred: prejudice is either interest-begotten, authority-begotten, or habit-begotten: by prejudice being meant prepossession , in so far as it is regarded as delusive.

(b) Examples. Under James I st. of England Carr and Villiers recommended by their beauty: under Charles 1 st of d o, Laud recommended by piety; Wentworth by loyalty and dereliction of principle. Had Bacons codification proposal been accepted, such are the men to whose will he would have had to accommodate his draught. Whoever casts a glance on that proposal, and from thence on his Natural History may see that in Bacons days the times were no more ripe for an all-comprehensive and rationalized Code than for a system of Chemistry.