JB/004/003/001

Click Here To Edit

9 March 1816
Insolvency Act

paper distributes M. Montesquieu do
letter a few shots of a cudgel the imprisonmt for 3 months

For of a province to this effect
How difficult so ever it may be to find an adequate
justification, there is no difficulty at all in assigning the
originating cause. Let Reason be fruitful, custom
barren, war to be maxim says an aphorism of Lord Bacon. The reverse
of this aphorism is the polar star of his successionary
the professors of the lay robe. Wisdom is their
has never been wanting nor ever will be wanting
to this tribe. In Custom the work of their produce
according to the mendacious account of Blackstone the
work of the people; in reality the work of his learned predecessors
in Custom, they behold have ever beheld and with reason their only safeguard: the only safegard
for the abuses to which they gave birth and from which they profit: in Reason their most dangerous enemy.

In the framing of this Act a precedent was
of course looked out for: on this side reason it could not be: but a precedent was found on the
other side of the . In Scotland, upon giving up
this all insolvents are discharged on condition of
submitting to the living idly in being drenched in the idleness and immorality of gaol for two months.

Even in this – even in going out of the precincts
of King's Bench English Judge-made Law, there was no small innovation
no small merit. For under the despotism of
Judge made law every thi legislative change, whatsoever
may be the partial particular effect of it has this extensive and
generally applicable merit, of setting an the example of
drawing legislation from the right source: of drawing it
from the consideration of the interests of the subject many
instead of continuing to draw it from rules produced
by the sinister interests and interested-begotten prejudices
of a section of the ruling few.

Identifier: | JB/004/003/001"JB/" can not be assigned to a declared number type with value 4.
Date_1	1816-03-09	Marginal Summary Numbering
Box	004	Main Headings
Folio number	003	Info in main headings field	insolvency act
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3 / f3
Penner	jeremy bentham	Watermarks	john dickinson & c<…> 1813
Marginals		Paper Producer	a. levy
Corrections		Paper Produced in Year	1813
Notes public		ID Number	1924
Box Contents