[Marginal summary sheet[?]]

[Mainly in copyist’s hand]

9 Jan y 1817

Necessity Cat

1 Theory

§. Forms of Government

§ Forms of government what.

1

Quest 1 - Form of Government what? -

Ans - Government is in such a form, where the supreme power, by the exercise of which it is carried on, are in the hands of persons of such a description

2

Q 2 - Political power what? -

A. Unanswerable: political power is a species of < > Power is not a species of any thing -

3

Q 3. Give what < > it may be susceptible of -

A - Power is constituted by subjection: momentary by momentary: habitual by habitual -

4

Q. 4. Elements of subjection, what? -

A. 1. Obedience (active) 2 Obedience passive i-e submissive 3 Non-resistance -

Corresponds to active obedience active command; to negative, prohibition, to non resistance, power operating on the < > passive faculties -

5

Q.5. So no political power, without active obedience, passive obedience and non resistance -

A - No -

6

Are you then a disciple of Sebthorpe &c? -

A - No. according to them to their mode of subjection under a Monarchy there might be be no limits according to use the habit of subjective is in all directions in fact susceptable of limits -

§. Forms of government

7

Q.7 - What say you to J.B. power of difficulties and aggregation? -

A. The indication is a necessary one. To the expression given to a command suppose no objects but individual ones designated, no room for this power: suppose any one species of objects there comes room for it.

1. By difficulties given of the species, it given by authority, power of classification is exercised: by addition made of any individual to the species already numbered out, power of aggregation. - Thus the effect produced is the joint work of the power of institution on the one hand, and d o. of classification and aggregation on the other: each of them is of itself but fructional[?].

8

Q.8 - Give an example?

A - Take two -

1. To Judges of a certain class the law gives power of dealing so and so by thieves. By The Monarch by whom Judges of this class are appointed in so doing power of aggregation is exercised. By a definition given of a thing or of the act of thieveing in the way of Statute laws by the legislature is in the way of Common Law i-e Judgment law by a Judge or authoritative Law-writer power of classification applying to the above exercise of imperative power or exercised:

by the Judgment of a Judge declaring Titius a thief, power of aggregation: Note how different the effect according to the class thus out. Note how great yet how little apparent is the efficacy of power of classification and aggregation compared with d o. of imperation -

9

Q. 9. Efficial ended - Through the earliest field of legislation not a substantive can be employed other than proper names - be it the name of a species of person or thing - < > or fictitious (as power right obligation be) but a receptacle is employed in respect of which power of classification and aggregation may be exercised and thence the effect of power it < > determined and modified: Give an instance of important effect produced by power of classification and aggregation applied

A. Take for instance d o. applied to Church Yards Before the reformation Clergy in England and Scotland had conquered about a third of the island. By the power applied to the species of things termed Church Yards they were proceeding with < > velocity, when they were stoped by other authority. By < > the land he coveted a Bishop &c. aggregated it to the species marked out by the word Church Yard and made it his own - Compared with this Williams conquest would have been a one -