JB/095/078/002

Click Here To Edit Qualification II

For the 3d purpose
For this purpose in this and most other
- Acts 2 separate sanctions are provided
The infamy of the Delightment would be at once an additional motive and an accessory to a set of Trustees to rid themselves of such an associate to themselves & to the world
the one Civil, the Penalty; the other Religious
or Moral an Oath the latter also [backed ultimately also by a penalty]
It may be asked for it seems it has been asked why not trust to the ordinary
sanction of the civil penalty?

To this it may be answer'd that, so invidious is in order to is one thing it is is
the good it it's effect upon delinquents some person
that some person should take upon him the quality
A Qualification of Disparity has the advantage above a qualification of men rank: that whereas the latter only serve as a presumption against insurance the former a practice
in to repair It is by that it but to of to () A Qualification of rank alone afford d serves as a presumption of against mismanagement
of informer: now so invidious is that character
& so precarious in the eyes of most men the benefit
to be reaped in this such a case like this by spurning it, that
this alone of itself would be but a weak dependance
it, the business is therefore to find many ways of giving it
: means are afforded by an other. The proof of this

One may, it is to be hoped without any very extravagant
compliment to human nature, venture
to suppose, that there are many persons who would run
the hazard of the penalty for the sake of getting
into an office, who yet would not run such
lengths for it, as over enough & above that penalty,
to incur the peril and the guilt of Perjury.

as they were with reason of plunging into the unknown gulft of litigation.

The number therefore of such persons is the measure of

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the accession of strength which the the
from this expedient.
considered as a function, being [Directory
part of ] the provision Nor is the its utility [which belongs to] of this expedient is it as a strictly function, its only utility is in the nature of it to forwards the enforcement of the upon those against Delinquents whose temerity it was itself insufficient to restrain
But it is not only itself a sanction; but even
should it prove insufficient of itself again to stop the
temerity of a delinquent it forwards the enforcement
of the other.

For the reasons that have been just alledged
it can hardly be expected that the pecuniary motive
for putting the penalty in force should act but as an auxiliary to that of resentment:
some violent dissention must commonly have arisen, some
flagrant mismanagement have been committed,
or some very obnoxious person been have intruded, himself,
before he any ma a man any one can be found enlist himself for such purpose in the service of the Law for such purpose. who will [take
arms offered by the Law]and gets at the bidding of the Law

Nor is it utility compared to that which belongs to it & it possesses barely as a sanction
Now this resentment will be strengthened highlighted at the
same time that an apology for the world for venting it will
be given furnished by an act that reflects such
ire odium upon the agent as does doth an act of
perjury.

tho may perhaps in some measure be enabled to detriment
[From what has been said] we may were be enabled in
some measure given a guess to determine the expedient 3 whether it was the pretended
futility or the real strength that brought it
under the displeasure of the who has been our dispensing Legislator:

it for as the motive & why rare as is the practice of public spirit the belief of it in proportion is still more so

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the oath is not in itself a Sanction but it it should itself fail of clapping a delinquent it forwards enforce of the
attended to whether it an Oath spite of every thing that
inconsiderate ill considered Laws and corrupt customs have done
to weaken it, is not still, where not abused, a
powerful and useful instrument in the hand of the
Legislator: & whether it is not by the contrivance
where continuously applied more certainly than by any other that "shame" ( calls to use the words
of an ingenious a later [ ] writer is made to follow
the finger of the Law ".

Where the use application of it is not thwarted by so extraordinary a circumstance as the over-ruling interposition influence exercise of a dispensing power
What has been said will serve to introduce a proposal
for [providing] adding something to the efficacy
of provisions of this nature the nature of that under
consideration in one or 2 as shall be found necessary (one large will ordinarily be sufficient

Let a Table be required to be made by the Clerk
of each every Turnpike Trust consisting of Columns to containcertainty as follows
With those prosecuting &e
The reader will not be at a loss to undertsand that
1st A Column in which the names of every Trustee as be qualifies
shall be enter'd in alphabetical order, under his
own handwriting:

But nothing would be gained by this, were it not for its inherent notrefutability. For having the taking of the Oath to be enforced but by a penalty this is therefore a in Arithmatic
3 dly 2nd Column The spreads of Justification he has sworn to,
distinguished either by some short appellation, or
by numbers 1, 2, 3 &c according to the number
of distinct qualifications admitted.

2ndly in 2 other columns the day of the Month
& Year on which he took the Oath also in his
hand-writing

3. In a 5th & 6th Column the name of a Co-Trustees

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as subscribing witness to his having taken the Oath

NOTE
Resentment however dubious the justice of its foundation generally is a better plea with the world for such a prize than the desire of gain
Let this table be hung up by the Clerk under a
penalty upon every general Meeting in the a conspicuous
part of the room where it is holden.

a plea that make worth better favour from With these precautions one might venture it should
seem in plain and unambiguous tones to declare every act ipso facto void
that should be done All acts <add> are already by --- to be signed by the persons.</add> by any number of Trustees
who of the name of any one shall not have
been in the table with a penalty for a false
entry as a kind of forgery made with the design to represent any person as having
qualified who has not, as a kind of Forgery.

Public spirit as a motive where the truth of it is admitted is doubtless best of all better plea than either - but the truth of it will rarely seldom be admitted but by the few where there is any other motive to which the action can be ascribed, but by a few; nor scarcely by those few but unless the mischief and acknowledged mentioned This incredulity is more to be lamented than considered at In not of pure Public spirit is an act of theorism: & nothing no act is acknowledged for an act of Theorism of which many men are capable.

Now a motive is probably of motive in to those who think the fully required with the character of the person is as the number of those who would be by it in that case to those who wold not. If this is the reason why man at large have so little faith in acts of moral supercrogation

This would indefensibly oblige the trustee Company
upon every occasion to see [which they by
means of the Alphabetical order of the names
they might do at a glance] that they have no
in there which intruder among them whose presence may invalidate to infect their
frustrate proceedings with nullity.

The exposing to view in like manner on a
copy by the Clerk might
also be made requisite in every private
meeting.

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Identifier: | JB/095/078/002 "JB/" can not be assigned to a declared number type with value 95.
Date_1		Marginal Summary Numbering
Box	095	Main Headings
Folio number	078	Info in main headings field	qualification ii
Image	002	Titles
Category	text sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [lion with vryheyt motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	30964
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