6.
The
evidence
of
the
engagement,
consigned
to
a
portable
instrument,
instead
of
a
fixed
Book.
Taken
from
Exche-
quer
Bills,-
Differs
from
Stock
Annuities-
Agrees
with
Irish
Debentures,
and
the
now
disused
Navy
Victu
alling
Transport
and
Ordnance
Bills
or
Debentures:
also
with
India
Bonds,
Bank
Notes,
Banker's
Promissory
Notes
and
private
Promissory
Notes
and
Bills
of
Exchange.
7.
The
Paper,
by
its
size,
shape,
texture,
are
thinness,
par-
ticularly
fitted
for
circulation
Taken
from
Bank
Paper.
Agrees
more
or
less
with
Bankers
Paper
and
with
the
French
Assignats.
Differs
from
all
the
other
above
mentioned
Engagements:
Except
from
some
late
issues
of
Exchequer
Bills,
in
respect
of
size.
8.
Application
of
the
profit
of
the
measure
towards
the
reduction
of
the
National
Debt.
Taken
from
the
Sale
of
the
Land
Tax
i:e:
the
exchange
of
so
many
portions
of
the
annual
produce
of
that
Tax
for
portions
of
Stock
Annuities.
Differs
from
all
the
other
engagements
above
mentioned.
Of
whatever
nature
a
Pleasure
be;
a
pleasure
of
the
Body,
or
a
Plea-
sure
of
the
Mind;
a
pleasure
of
enjoyment,
a
pleasure
of
possession,
or
a
pleasure
of
Expectation;
a
pleasure
of
the
concupiscible
appetites
or
a
pleasure
of
the
irascible;
what
we
shall
have
to
say
of
any
pleasure
in
the
present
chapter
will
be
found
equally
to
belong
to
all:
and
so
2.
A
pleasure
may
be
more
or
less
intense:
hence
we
come
to
speak
of
its
in-
tensity:
when
^its
intensity
is
at
a
high
degree,
we
may
(preserving
the
same
expression)
that
it
is
intenser
when
at
a
low
degree
we
call
it
faint.
3.
The
time
it
lasts,
is
either
long
or
short;
hence
we
have
to
speak
of
its-
duration.
4.
This
is
the
case
with
every
thing
that
is
called
Pleasure:
to
exist
it-
must
possess
two
qualities:
it
must
possess
intensity;
it
must
possess
Dura
tion.
They
constantly
belong
to
it;
they
are
essential
to
it:
it
cannot
be
con-
ceived
without
them.
5.
Body,
to
exist,
must
in
like
manner
possess
three
things:
length,-
breadth
and
thickness.
They
constantly
belong
to
it:
it
cannot
be
con-
ceived
without
them.
Of
them
it
is
said
in
a
certain
sense
to
be
compos'd.
Under
them
it
is
said
to
be
comprised:
By
them
it
is
measured.
Mathe
maticians
call
them
it's
dimensions.
Dimensions&quot;
comes
from
&quot;Di-
mitior&quot;.
&quot;dimitior&quot;
is
&quot;to
measure&quot;.
Of
Mathematicians
^
let
us
borrow
the
appellation:
and
let
us
saying;
Pleasure
is
comprised
under
two
dimensions.
Intensity
and
Dura
tion.
it
is
with
Pains.
or
slight.
then
begin
with
the
same
this
6.
1.
S.
2.
Composition:
number.
Art.
1.
In
every
Quasi
Jury
are
two
classes
of
Quasi
Jurors
the
ordinary,
and
the
Select
Art.
2.
In
every
Quasi
Jury
that
a
deciding

voice
may
never
be
wanting,
the
number
of
Quasi
Jurors,
is
an
odd
number:
ordinary
number
three.
For
this
or
that
particular
purpose,
the
Legislature
sees
convenient.
Number
of
the
ordinary
at
least
will
give
encrease
to
the
number,
if
and
where
it
twice
as
great
as
of
the
Select.
Art.
3.
For
appropriate
moral
aptitude
&amp;
thence
for
giving
determination
to
the
will
of
the
aggregate
body,
the
ordinary
are
more
particularly
looked
to:
their
interest
being
that
of
the
greatest
number:
for
appropriate
intellectual
&amp;
active
ap-
-titude,
for
information
&amp;
occasional
aid
and
guid-
ance
to
the
judgement
of
his
or
their
colleagues,
the
Select.
Art.
4.
Foreman
a
select
Juryman:
saving
to
the
majority
the
power
of
locating
out
of
their
own
number
different
a
one.
S.
3.
(1
gunpowder
not
properly
secured
and
you,
being
at
a
dis=
which
beats
the
candle
out
of
his
hand
or
knocks
him
down
before
he
gets
open
the
door.
But
the
assaulter
shall
make
compensation
to
the
party
assaulted
and
receive
that
or
more
from
the
neigh=
made
to
pay-
See
in
the
Law
of
Parish
Taxes.
For
the
cases
in
which
it
is
lawful
to
trespass
against
the
persons
of
others
in
order
to
guard
against
Danger
5.
From
Fire.
See
1.
Laws
concerning
buildings
2.
The
House:
Law-
Sect
concerning
accidents
by
Fire.
6.
The
Turpentine
founder's
Sea-faring-Man's
Law:
From
the
fall
of
buildings.
See
Laws
concerning
ruinous
build=
:ings.
3.
From
the
sinking
or
stranding
of
navigable
Vessels.
See
the
keeping
and
carriage
of
Gunpowder.
:holder's
Law,
^
concerning
accidents
by
Fire.
3.
The
Sea-faring-
Sect.
man's
Law.
Sect
concerning
accidents
by
Fire.
5.
The
Miner's
Distiller's
Law:
Sect.
Concerning
accidents
by
Fire
7.
The
:bourhood
thus
saved.
How
the
Neighbourhood
is
to
be
4.
From
the
Explosion
of
Gunpowder.
See
Laws
concerning
the
2.
From
inundation.
See
the
Law
concerning
Inundation.
:tance
and
knowing
him
to
be
deaf,
throw
a
stick
at
him
Theft
Embezzlement
and
Fraudulent
Obtainment
the
basis
of
the
highest
fortune
a
servant
can
ordinarily
possess
to
himself
a
good
place
or
succession
of
good
places
Now
this
possession
as
everybody
knows
and
as
the
servant
must
he
would
be
deprived
by
any
act
of
delinquency
of
any
of
the
kinds
now
under
consideration.
Now
the
more
powerfully
a
man
is
acted
upon
in^
direction
by
other
powers
with
the
less
force
is
it
necessary
to
act
upon
him
in
the
way
of
punishment
4:
But
the
most
forcible
objection
of
all
seems
to
be
that
if
an
extraodinary
punishment
were
appointed
in
this
case
the
greater
it
were
the
less
likely
it
would
be
to
be
put
in
execution
from
whence
it
would
become
the
less
formidable
and
efficatious.
At
any
rate
a
master
would
be
apt
to
feel
more
reluctance
in
con=
=tributing
to
the
punishment
of
a
servant
than
of
a
stranger
Between
a
master
and
his
Domestic
servants
there
is
a
kind
of
relationship
which
bears
some
resem=
Government
=blance
to
those
which
are
executed
by
masters
The
of
be
sensible
any
John
shall
be
owner
of
such
or
such
an
estate.
Of
this
na:
ture
are
the
operative
parts
of
a
Deed.
5.
An
Instrument
may
be
spurious
without
being
coun=
note
of
hand
for
such
or
such
a
sum
of
money
from
a
pri=
:vate
person,
whose
solvency
he
mistrusts,
were
to
pass
it
off
upon
an
ignorant
person
for
a
Bank
note
or
other
Govern=
:ment
-
Security.
In
this
case;
considered
as
a
Government-
Secuirty
it
is
spurious:
counterfeit
however
it
is
not:
because
it
never
was
intended
by
the
man
who
made
and
executed
6.
It
is
evident,
that
an
instrument,
(that
is
to
say
the
dis=
:course
contained
therein)
may
be
spurious
without
being
false:
the
authenticating
part
excepted
(where
there
is
any)
which
if
it
be
spurious,
must
^
be
false.
In
like
manner
may
an
instru=
:ment,
(that
is
to
say
any
assertion
contained
therein)
be
false
without
being
spurious.
A
discourse
may
be
true,
though
forged:
it
may
be
false,
though
genuine.
To
p.
107.
No
1
:terfeit.
As
if
a
man
having
possessed
himself
of
a
genuine
needs
it
to
pass
for
any
thing
but
what
it
purports
to
be.
worth
being
made
the
subject
of
a
Settlement.
This
must
be
the
case
of
the
great
bulk
of
the
people.
In
this
case
the
ap=
:parel
and
instruments
of
trade
peculiar
to
each
should
re=
:main
accordingly;
but
the
household
furniture
should
re=
:main
to
the
Woman,
unless
the
Judge
thought
proper
to
make
an
express
allowance
out
of
it
to
the
Man.
Where
the
husband
brought
a
capital
into
the
com=
:mon
stock,
and
the
wife
little
or
nothing,
some
allow=
:ance
ought
to
be
made
to
her.
Where
the
wife
brought
a
capital
into
the
common
stock,
and
the
husband
little
or
nothing,
some
allowance
ought
to
be
made
to
her.
Upon
the
whole
it
ought
to
be
so
ordered,
that
the
Wife
might
exercise
this
right
if
she
thought
proper,
upon
terms
rather
more
advantageous
to
her
than
to
the
Husband.
For
this
purpose
the
Age
of
the
parties
is
also
to
be
taken
into
consideration.
It
is
to
be
considered
that
by
the
same
length
of
cohabitation
the
power
of
pleasing
the
oppo=
:site
sex
and
therefore
the
chance
of
obtaining
a
new
alliance,
is
Matrimonial
disturbance
or
disturbance
of
conjugal
rights
is
where
a
person
without
lawful
cause
is
concerned
in
[(A)
Lawful
Cause]
See
Justifications
infra
[(B)
Concerned]
See
Tit.
[Co-Offenders]
carrying
away
or
detaining
or
harbouring
the
wife
with
or
against
her
own
consent,
so
it
be
against
the
will
of
her
husband:
or
whether
it
be
by
doing
her
any
personal
injury.
See
the
several
sorts
of
Personal
Injuries.
2.
If
it
be
by
doing
any
injury
to
the
Wife
the
Offender
will
of
course
be
punished
according
to
the
nature
of
the
injury:
the
Of:
:fence
is
considered
here
only
upon
the
footing
of
an
injury
to
the
husband.
[(D)
A
Husband]
The
same
Offence
with
relation
to
a
Wife
is
not
punished
at
the
suit
of
the
Wife,
on
account
of
the
subor:
dination
of
her
condition
and
the
modesty
of
her
Sex.
[(E)
Privileges]
To
wit
Conversation
and
carnal
Knowledge.
Punishment
hindring
a
husband
from
enjoying
the
privileges
of
his
condit:
[(C)
Hindering]
1.
It
matters
not
by
what
means:
whether
by
Exposition
(A)
(B).
(C)
(D)
(E)
:on.
of
the
Wife
or
both
for
a
time
or
forever.
2.
He
may
be
prohibited
from
holding
correspondence
with
the
Wife
for
a
time
or
forever.
Justifications
are
1.
Medical
practice.
2.
Precaution
against
greater
mischief.
3.
Defence.
4.
Military
power
and
subservience
thereunto.
5.
Ju=
and
subservience
thereunto.
Lawful
causes
for
being
concerned
in
harbouring
a
Woman
with
her
consent
but
against
the
will
of
her
husband
are
as
follows
Where
the
Wife
having
reasonable
ground
to
apprehend
cruelty
the
part
of
her
husband,
absents
herself
from
him
in
the
intention
of
seeking
her
remedy
at
Law.
As
to
what
is
to
be
deemed
cruelty,
See
the
Laws
concerning
Man
and
Wife.
2.
For
disturbing
a
man
in
the
exercise
of
conjugal
rights
Punishment.
the
Offender's
punishment
may
be
as
follows
1.
He
may
be
banished
the
presence
of
the
husband
or
that
dicial
power
and
subservience
thereunto.
6.
Sovereign
power
It
is
a
hard
and
not
an
uncommon
case
where
in
a
married
couple
either
party
betakes
himself
or
herself
out
of
the
reach
or
knowledge
of
the
other.
Such
a
breach
of
the
marriage
This
case
is
the
more
distressing
in
as
much
as
the
par=
=ty
deserted
may
remain
deprived
of
the
comforts
of
matrimony
not
only
during
the
life
of
the
deserter,
but
forever
after.
As
the
desserter
lived
concealed
so
also
may
he
die.
Among
the
lower
classes
of
people
this
mischief
hap=
:ware
of.
In
the
case
of
matrimonial
desertion
at
the
end
of
a
free
to
engage
in
a
new
marriage;
the
deserter
remaining
bound,
A
provision
ought
also
to
be
made
with
regard
to
the
ef=
:fects
of
the
deserter
if
he
or
she
have
any
separate.
Such
effects
the
party
deserted
ought
to
have
the
power
of
taking
into
his
or
her
management
during
the
continuance
of
the
marriage.
It
contract
may
be
termed
Matrimonial
Dessertion
certain
time
after
proper
notice,
the
party
deserted
ought
to
be
unless
the
party
deserted
should
have
made
another
choice.
:pens
more
frequently
than
people
of
the
higher
classes
are
a=
2.-
Of
taking
pleasurable
exercises
that
require
an
un=
:confined
space;
such
as
riding
on
horseback
or
in
a
car=
3.-
Of
exercising
any
function
of
Magistracy
of
which
the
exercise
is
limited
to
a
certain
place,
or
any
public
:ticular
place,
such
as
Races,
Plays,
Concerts,
Balls,
&amp;c.
of
taking
pleasure.
6.-
Of
taking
journies
which
may
occasionally
become
requisite
for
the
purpose
of
preserving
Health;
for
in=
stance
for
the
benefit
of
sea-bathing
or
drinking
wa=
:ters:
of
an
air
more
pure
than
common;
or
of
particular
Privation
or
ness
for
a
livelyhood.
8.-
Of
putting
one's
self
in
the
way
of
accidental
opportu=
:nities
such
and
such
or
private
trust.
4.-
Of
partaking
of
public
diversions
attached
to
a
par.
5.-
Of
putting
one's
self
in
the
way
of
chance
opportunities
medical
advice.
:riage;
hunting,
shooting,
playing
at
^
games
of
Exercise.
7.
On
abridgement
of
the
Liberty
of
carrying
on
busi=
In
these
cases
the
immediate
object
of
the
offence
is
the
class
itself:
but
the
special
damage,
if
there
is
any,
falls
upon
individu=
:als.
Where
there
is
no
special
damage
therefore,
the
Offender
can
only
be
punished
criminally
in
behalf
of
the
class
at
large:
where
there
is
spe=
in
behalf
as
well
of
the
class
as
of
the
particular
individuals
damnifi=
stance,
and
no
particular
damage
can
be
proved
to
have
happened,
person
of
that
persuasion
in
consequence
of
the
report,
to
any
particular
^
Jew,
the
Offender
can
only
be
punished
criminally
as
for
defaming
the
Jewish
Sect;
but
if
in
consequence
of
the
defamation
a
mob
rises
and
ill
treats
the
per=
sons
=cial
damage
he
may
be
punished
civilly
as
well
as
criminally
:ed.
Thus
if
a
man
spread
a
calumnious
report
of
the
Jews
for
in=
that
the
punishment
shall
outweigh
the
profit
ment
for
wrongfully
wasting
or
usurping
a
thing
of
the
same
sort
bona
fide
or
under
colour
of
title
would
be
the
being
obliged
to
pay
the
price
set
upon
it
by
the
Judge,
which
pro=
bably
might
be
no
more
than
the
ordinary
marketable
price.
On
the
other
hand
the
profit
of
the
offence
if
the
thing
were
wasted
or
destroy=
ed
would
be
ordinarily
the
pleasure
of
male=
volence
resulting
from
the
thought
of
the
pain
of
privation
you
will
suffer
at
the
thoughts
of
being
deprived
of
the
thing
in
question.
Now
when
the
marketable
price
of
the
thing
is
comparatively
small
the
pleasure
of
male-
pain
of
paying
it.
You
have
a
gold
ring
for
instance
the
materials
and
workmanship
of
which
are
worth
a
guinea;
but
it
contains
the
hair
of
your
deceased
wife
or
mistress.
You
would
of
the
Offence.
[See
Ch:
(Proposition)
Rule.
the
Punish=
volence
may
much
more
than
outweigh
the
or
if
a
farther
trial
be
thought
necessary
either
of
course
or
upon
appeal
of
the
party,
the
Judge,
the
party
accused
and
the
accuser
should
each
put
his
seal
upon
the
goods
that
they
may
be
forthcoming
in
Statu-quo
at
the
time
of
the

trial.
If
however
they
are
of
too
perishable
a
nature
to
be
kept
to
the
time
of
trial,
the
Judge
should
be
bound
to
call
in
any
number
of
persons
who
might
chance
to
be
passing
by
to
see
the
condition
of
the
goods
and
serve
as
witnesses.
For
in
a
question
so
open
to
difference
of
opinion
as
the
condition
and
quality
of
goods,
a
question
of
which
the
limits
are
so
uncertain
more
witnesses
are
needed
than
in
a
question
respecting
the
happening
or
not
happening
of
any
event.
portion
of
matter
on
which
such
stamp
has
been
put
by
such
authority,
if,
in
a
word,
he
either
applies
to
any
such
piece
a
do=
:cument
+
purporting
to
have
been
executed
by
a
person
by
whom
it
was
not
executed,
or
alters
a
document
which
has
been
executed
by
the
proper
person,
he
commits
in
either
case,
a
particular
kind
of
Forgery.
The
profit
arises
from
the
difference
in
point
of
value,
between
the
counterfeit
or
diminished
Coin,
and
the
genuine
or
entire,
for
which
it
is
intended
to
be
passed.
This
offence
has
commonly
been
stiled
Treason,
and,
in
many
respects,
treated
as
if
it
were
so.
But
with
as
much
propriety
it
might
have
been
called
by
any
other
odious
name.
It
is
not
committed
with
the
views,
nor
has
it
any
of
the
effects,
of
Treason.
When
a
man
coins
false
money
it
is
not
to
usurp
power,
but
property.
It
is
not
like
Treason
the
Crime
of
the
Courtier
or
of
the
Soldier
or
of
the
Lawyer:
but
of
the
Ar=
=tizan.
It
is
a
crime
not
of
ambition
nor
of
conscience,
but
of
ra=
:pacity.
If
it
were
not
for
the
gain
a
Man
could
have
no
Motive
to
commit
it.
(a)
These
Note
number
of
instances
in
which
counterfeit
Coin
is
passed
off,
al=
though
it
be
ever
so
true
that
the
man
who
passed
it
off
knew
it
to
be
counterfeit,
it
will
be
impossible
to
prove
as
much
by
any
external
evidence;
if
then
external
evidence
is
required,
the
facility
of
evading
the
Law
will
be
such
as
to
strip
it
of
all
its
efficacy:
if
no
external
evidence
is
required,
but
the
know=
:ledge
is
left
to
be
inferred
and
that
conclusively
from
the
mere
appearance
of
the
piece
of
money,
it
is
exposing
a
Man
to
suf=
:ther,
no
more
than
what
almost
any
man
might
do
with=
:out
supposing
himself
to
have
done
any
thing
amiss.
This
is
enough
to
stand
effectually
in
the
way
of
any
punishment
that
can
be
employed
against
an
Offence
so
circum=
:stanced.
Another
provision
in
the
same
statute
seems
at
least
equally
open
to
exception.
If
any
person
shall
tender
in
pay=
either
:fer
for
transaction
in
which
(in
one
way
of
considering
it)
he
may
not
have
done
any
thing
amiss
at
all;
and
in
the
o=
ment
any
counterfeit
money
(knowing
it
to
be
so)
and
shall
ei=
:ther
the
same
day
or
within
two
days
after,
knowing
tender
from
such
premises
would
be
justly
accused
of
rashness:
what
shall
we
say
of
a
Legislator
who
from
the
same
premises
takes
upon
him
to
draw
the
same
inference
in
all
cases
that
can
ever
happen?
A
circumstance
indeed
which
in
this
country
contributes
great=
:pleat
degree
the
apprehension,
which
such
a
Law
would
excite
in
al=
:most
any
other
country
is
that
disposition
to
mercy
of
prevalence
of
which
every
man
is
pretty
well
assured
in
the
tribunal
which
is
to
try
him.
A
man
will
think
himself
pretty
secure,
and
in
gene=
in
fact
:ral
will
^
be
pretty
secure,
that
no
Jury,
unless
they
thought
him
concerned
with
Coiners,
would
every
convict
him
on
such
a
Law;
nor
any
Judge,
who
was
not
of
the
same
opinion,
let
him
suffer
for
it
in
the
main,
is
from
the
nature
of
things
liable
in
particular
in=
saving
a
man,
must,
by
deciding
against
the
letter
of
the
Law,
vio=
:late
their
oaths
of
Office
and
thereby
incur
the
guilt
of
a
kind
of
Note.
should
happen
should
take
upon
him
to
draw
a
conclusive
inference
England
=ly
to
remove
the
danger,
and,
together
with
other
circumstances,
in
a
com=
though
he
were
convicted.
But
that
security,
though
a
very
good
one
stances
to
fail:
especially
as
the
Jury,
in
order
to
do
their
parts
in
may
Perjury.
Add
to
this
that
before
the
case
comes
before
a
Jury
a
man
from
good.
By
wearing,
those
differences
are
partly
obliterat=
:ed
and
partly
covered
over
with
dirt:
if
then
he
takes
the
precaution
to
wear
his
Money,
this
precaution,
when
ex
:tended
to
any
considerable
quantity,
will
give
him
a
con=
:siderable
degree
of
trouble,
and
take
up
a
considerable
de=
:gree
of
time,
and
mean
time
expose
him
to
a
considerable
degree
of
danger.
For,
if
the
being
seen
to
have
two
or
three
expose
his
character
to
some
suspicion,
the
being
seen
with
two
or
three
hundred
pieces
of
such
Coin
will
most
proba=
By
engaging
Associates
and
carrying
on
the
busi=
:ness
in
partnership,
he
may,
it
is
true,
very
much
in=
:crease
his
profit;
but
then
what
he
gets
in
point
of
se=
:curity
by
these
means
in
one
way
he
loses
in
another.
He
can
with
more
security
practise
his
plan
of
impositi=
discovery
in
the
part
of
his
confederates:
who
must
in
a
pieces
at
once
of
bad
Coin
of
the
same
appearance
will
:bly
betray
him
altogether.
great
:on
upon
strangers:
but
then
he
is
exposed
to
continual
that
would
accept
of
any
part
of
it.
Thus
it
is
that
with=
:out
any
express
convention,
but
from
the
nature
of
the
thing,
each
man
stands
ensured
by
his
neighbours
a=
:gainst
any
capital
Loss
that
might
otherwise
befal
him
by
this
means.
One
branch
of
the
secondary
mischief,
the
pain
of
appre=
=hension
seems
to
be
rather
less
in
this
case
than
even
in
that
of
ordinary
sharping
for
the
same
reason
that
in
that
case
is
less
than
in
the
case
of
Theft.
The
apprehension
a
man
feels
at
knowing
of
another
who
has
lost
to
the
value
of
a
Guinea
for
example,
in
this
way,
seems
not
in
general
to
be
so
great
as
the
apprehension
a
man
feels
at
knowing
of
another
who
has
lost
to
the
same
value
by
an
act
of
sharp=
in
their
power,
if
they
think
it
worth
their
while,
to
guard
themselves
against
suffering
(especially
to
any
material
a=
mount)
by
taking
bad
money,
than
against
suffering
from
any
other
kind
of
imposition.
With
a
certain
degree
of
pre=
:caution
:ing.
Men
in
general,
feel,
it
should
seem,
that
it
is
more
Quest
VII.
Why
the
Punishment
in
this
Case
may
be
fixed,
Reason
Because
the
mischief
is
to
be
estimated
in
this
Case
not
from
the
particular
consequences
of
any
single
Act,
but
from
the
general
consequences
of
the
obnoxious
habit.
See
Quest
V.
It
can
answer
therefore
no
purpose
to
make
the
pu=
offence.
The
profit
which
the
punishment
must
be
made
to
outweigh
is
the
profit
not
upon
the
particular
Act,
but
upon
the
habitual
Practice.
Now
the
quantum
of
the
for=
:mer
is
susceptible
of
direct
proof.
But
this
is
not
the
case
random
calculation.
This
calculation
may
be
the
same
for
all
cases.
It
may
therefore
as
well
be
made
by
the
Legis=
:lator
as
by
the
Judge.
Quest.
VIII.
Why
the
indelible
Stigma
is
here
employed,
Reasons.
1.
Because
the
infamy
will
not
be
so
intolerable
in
this
as
with
the
latter.
It
can
be
appraised
no
otherwise
than
by
a
:nishment
rise
and
fall
with
the
profit
upon
any
single
might
be
divided
between
the
adverse
party
and
the
fisc
accord=
If
the
litigious
delay
should
have
proceeded
from
or
been
ac=
:companied
by
inability,
in
the
room
of
the
fine
a
proportio=
need
no
separate
procedure.
It
would
appear
upon
the
face
For
Insolvency
which
has
been
fraudulent
ex-post-facto
the
punishment
might
be
the
same
as
where
it
was
fraudulent
ab
initio
Any
pretended
conveyance
would
be
void
of
course;
and
a
pecuniary
punishment,
and
in
aid
of
it
imprisonment,
might
be
inflicted
on
all
such
as
were
parties
or
privies
to
the
fraud.
They
might
even
be
made
to
share
the
disgrace
of
the
Insolvent
by
means
of
the
ignominious
Habit.
For
Insolvency
in
despite
of
Justice
the
Offender
might
be
observed
is
a
case
not
for
ordinary
punishment
but
for
the
nable
quantity
of
imprisonment
should
be
substituted
as
in
other
cases.
For
Insolvency
thus
circumstanced
there
would
of
the
suit
in
question.
be
dieted
in
the
black
Dungeon
till
he
complies.
This,
it
will
compulsion:
And
accordingly
as
the
Offender
will
have
it
in
his
:ing
to
^
circumstances
of
the
parties,
at
the
discretion
of
the
Judge.
hundreds
more
into
a
loathsome
pest-house.
Sometimes
indeed
Insolvents
are
discharged;
but
this
is
not
in
the
settled
course
of
Law:
there
needs
a
Law
on
purpose.
In
a
Law
of
this
kind
neither
the
delinquency
nor
the
suffering
of
the
Insolvent,
nor
the
necessity
of
the
Creditor
are
thought
of,
but
only
the
fullness
of
the
Prison.
The
benefit
of
it
is
giv=
to
clear
the
Gaol,
the
prisoners
are
let
out
all
at
once.
Once
in
four
or
five
or
six
Years,
Justice
is
in
season.
Whether
the
debt
were
large
or
small,
whether
the
Debtor
were
innocent,
culpable
or
criminal,
whether
he
had
suffered
Twenty
days
or
Twenty
Years,
all
these
things
make
no
difference.
He
is
then
let
out
upon
condition
of
making
that
discovery
volunta=
:rily
which
he
ought
to
have
been
compelled
to
make
in
the
first
instance.
If
the
insolvent
is
a
Trader,
his
treatment
is
very
dif=
:ferent.
If
a
certain
number
of
persons
who
are
Creditors
to
a
Bankrupt.
He
is
then
exempted
from
going
to
Jail,
but
he
is
compelled
in
the
first
instance
to
discover
and
surrender
his
Effects.
certain
Amount
will
take
certain
steps,
he
is
then
declared
a
:en
to
some;
it
is
capriciously
denied
to
others.
The
object
being
In
The
title
of
Offences
against
the
National
Interest
in
general
may
serve
to
include
all
such
acts
of
which
it
is
supposed
that
they
may
prove
prejudicial
in
one
or
more
of
the
several
ways
in
which
an
act
can
be
prejudicial
to
the
community,
but
without
its
appear:
against
individuals
to
which
we
have
given
the
name
of
Offences
a:
It
may
serve
as
a
miscellaneous
title
under
which
may
be
ranked
any
offences
which
cannot
properly
be
ranked
under
any
single
one
of
any
of
the
preceding
classes.
From
what
has
been
seen
already
of
the
nature
of
this
Class
it
is
plain
that
the
contents
of
it
cannot
be
arranged
in
any
exhaustive
method
like
those
of
the
other
classes
The
offences
that
ap:
pear
to
belong
to
it
must
be
picked
up
here
and
there
as
they
occur.
This
however
will
not
form
any
exception
to
the
precision
and
com:
:prehensiveness
of
the
arrangement:
The
limits
of
this
division
are
by
no
means
out
of
sight:
they
are
determined
by
the
limits
of
div-
isions
which
precede
it.
It
is
neither
more
nor
less
than
one
great
area
in
which
all
those
others
are
inscribed.
A
In
this
respect
it
bears
some
analogy
to
those
offences
:ing
which.
:gainst
condition.
is
the
pain
of
sympathy.
This
then
is
aleady
an
evil.
If
it
be
without
their
consent,
it
assumes
necessarily
the
shape
of
some
one
or
other
of
the
offences
against
the
pro:
:perty
of
individuals;
it
changes
its
nature
and
becomes
an
offence
against
individuals.
Idleness
then,
when
the
result
of
choice
and
ac:
:companied
by
indigence,
is
obviously
a
proper
object
of
coercion.
But
is
it
the
result
of
choice?
This
is
a
fact
which
it
is
highly
necessary
should
be
as:
:certained
before
the
coercion
is
applied.
All
other
species
of
delinquency
have
this
in
common
that
the
depends
avoiding
them^
altogether
depends
upon
the
deliquent.
This
is
not
the
case
with
idleness:
since
for
a
man
to
have
employment,
two
parties
must
concur:
himself
to
accept
it,
and
somebody
else
to
give
it
him.
It
is
plain
therefore
that
the
Legislator
before
he
can,
with
any
degree
of
Justice,
punish
idleness,
or
before
he
can
even
be
entitled
to
lament
it
as
a
misforturne,
ought
so
to
order
matters
that
whosoever
stands
in
need
of
employ
:ment
may
be
sure
to
meet
with
it.
This
can
only
be
33.
The
Jurisdiction
within
whose
reach
a
man
is
at
the
the
time
of
^summons
is
presented
to
him
will
either
be
the
same
jurisdiction
by
which
the
something
in
question
is
to
be
done
to
his
person,
or
a
different
one.
in
If
a
different
one,
the
place
a
man
happens
to
be
at
the
time
he
receives
the
Summons
may
either
be
within
the
reach
or
jurisdiction
as
it
is
called
,
of
the
authority
from
which
the
summons
is
issued,
or
without
it.
If
either,
he
may
either
be
about
to
go
out
of
that
jurisdiction,
or
not.
If
not,
a
summons
to
come
(meaning
from
whatever
place
he
happens
to
be
in
to
the
place
where
he
is
to
have
justice
done
upon
him)
may
be
sufficient.
Such
a
summons
may
be
stiled
a
Justiciabilis
venias.
If
he
is
about
to
go
out
of
the
jurisdiction
,
a
summons
to
stay,
meaning
within
that
jurisdiction,
may
be
necessary
in
order
to
compel
his
being
in
the
way
to
receive
afterwards
a
Summons
to
come;
meaning
,
as
before,
the
place
where
he
is
to
have
justice
done
upon
him.
Such
a
Summons
to
stay
may
be
stiled
a
Justiciabilis
maneas.
If
he
is
without
that
Jurisdic:
:tion
either
he
has
been
within
it
or
not.
If
he
has
been
within
it,
if
he
has
a
Summons
to
return
a
Justiciabilis
sedeas
may
be
the
name
of
the
Summons:
if
not
a
Justiciabilis
[(D)
Intending]
1.
It
matters
not
whether
the
intention
were
direct
or
indirect.
See
Tit:
Of
In:
:tentions.
2.
Whether
it
were
the
intention
of
the
offender
to
do
mischief
to
so
great
an
amount
or
not
is
to
be
collected
from
the
circumstances
of
the
place,
such
as
the
quantity
of
building
contiguous
or
near
adjacent:
as
if
it
be
in
the
street
of
a
town
or
village:
or
even
in
a
house
standing
by
itself:
if
the
value
of
it
together
with
its
contents
be
to
that
a=
:mount.
[(E)
S,100]
If
it
be
to
an
amount
short
of
this
it
is
only
criminal
devastation.
[(E)
Farther]
If
any
farther
Personal
Injury
be
occasioned,
it
constitutes
a
different
offence:
to
wit
an
irreparable
personal
injury,
an
Act
of
unlawful
Confinement,
an
Act
of
Kidnapping,
an
Act
of
unlawful
Homicide,
as
the
case
may
happen;
if
it
be
intended
only
and
not
occasioned,
it
constitutes
an
attempt
referable
to
one
r
other
of
these
offences.
If
any
farther
mischief
that
is
not
per:
sonal
be
occasioned
or
intended
it
constitutes
in
like
man=
ner
a
separate
offence
[(F)
Danger]
to
wit
of
being
subjected
to
bodily
pain
or
unea:
siness.
[(G)
Bound]
1.
Every
man
is
bound
in
such
an
occasion
to
give
assistance
to
any
other,
if
he
can
give
it
without
any
trouble
or
inconvenience
to
himself
that
is
worth
regarding.
2.
The
obligation
you
are
under
to
assist
a
fellow
creature
is
the
stronger
the
greater
the
danger
appears
to
be
which
threatens
him
and
the
less
trouble
it
would
cost
to
save
him.
3.
A
man
is
always
punishable
for
withholding
his
assis:
:tance
on
such
an
occasion,
unless
when
he
has
a
special
ground
Of
Justification
(See
Tit.
[Justifications]),
if
his
forebearance
pro:
:ceed
In
these
three
cases
the
afflictive
punishment
shall
not
take
place
and
the
party
injured
shall
receive
compensation
or
not,
and
Costs
shall
be
distributed
at
the
discretion
of
the
Judge.
Extenuation
Where
there
is
matter
of
Excuse
,
the
Offender
shall
suffer
any
one
or
more
of
the
punishments
appointed
for
Lascivious
Assaults.
Observations
There
are
those
who
seem
half
inclined
not
to
admit
of
any
prosecution
for
this
offence.
The
parable
of
the
Sword
and
the
Scabbard
quoted
on
will
never
do
as
a
Rule
of
Law.
It
fails
absolutely
where
the
Wo:
:man
is
held
motionless
either
by
force
or
terror:
where
through
weariness
or
affright
her
senses
fail
her,
and
she
falls
into
a
Swoon.
It
fails
still
more
evidently
where
the
Ravisher
has
a:
:ny
one
to
assist
him.
Certain
it
is
however,
that
prosecutions
for
this
Offence
ought
to
be
regarded
with
a
jealous
eye;
and
that
the
comparative
appearance
of
the
parties
in
point
of
strength
may
furnish
evidence
of
such
force,
as
the
positive
testimony
of
any
single
person
will
hardly
countervail.
this
occasion
by
Mr
Voltaire,+
may
pass
very
well
as
a
jest,
but
a
Theft,
that
Crime
by
which
the
Passion
of
all
Passions
the
most
constant
&amp;
universal,
is
gratified
in
the
Method
of
all
Methods
the
most
simple,
is
that
with
which
we
will
begin.
Other
Offences
operating
on
the
same
Subject,
viz:
Property,
fall
short
in
point
of
Simplicity
of
this,
in
that
they
are
either
complicated
with
Inquiries
operating
on
a
different
Subject,
viz:
Person;
or
else
take
a
certain
Detour,
which
this
does
not,
to
the
Accomplishment
of
their
End
;#
or
operate
only
on
some
particular
Division
of
that
Subject
,#
or
are
perpetrable
only
By
Persons
of
a
particular
Description.
#
Simple
however
as
this
is
in
the
Mode
&amp;
Principle
of
its
Perpetration
there
is
no
Offence
that
has
in
many
Cases
the
Conception
of
it's
distinctive
Characters
more
intricate,
nor
therefore
the
Doctrine
relative
to
it
more
complicated:
owing
partly
to
what
Intricacy
of
it's
natural
Character,
and
partly
to
it's
having
been
made
by
our
own
Laws
especially
to
take
a
different
factitious
one
from
every
one
of
a
great
Variety
of
Modifications
&amp;
Relations,
as
will
be
hereafter
explained,
of
which
that
ample
Subject
is
susceptible.
Yet
of
those
other
Offences
some
XX
comparative
5.thly
&amp;
lastly.
I
shall
undertake
the
relative
Estimation
of
the
several
particular
Offences
into
which
both
Kinds
of
Distinctions
have
broken
the
general
Title.
Before
we
proceed
further,
the
employing
of
a
few
Words
in
fixing
an
Article
of
Nomenclature
will
be
by
no
Means
an
useless
Digression:
in
Order
if
possible
to
establish
that
Distinctness
of
Conception
which
is
very
necessary
to
a
commanding
Knowledge
of
the
Subject,
but
which
practical
Writers
have
appeared
little
sollicitous
to
transmit
or
to
acquire.
There
are
two
Terms
employed
and
that
often
promiscuously
in
speaking
of
the
Offence
in
Question
_
The
one
more
popular
in
it's
Use
and
ample
in
it's
Signification
_
Theft
_
The
other
more
technical
in
it's
Use
and
confined
in
it's
Signification
_
Larceny.
The
Verb
&quot;to
steal&quot;
with
it's
Participle
&quot;stealing&quot;
is
exactly
parallel
in
it's
Use
and
commensurate
in
it's
Signification
with
the
former
of
these,
being
the
same
Larceny,
or
that
the
Thing
is
under
any
intrinsic
Incapacity
of
becoming
the
Subject
of
an
Act
of
that
Nature,
but
only
that
if
it
is
stolen,
as
fairly
stolen
(if
one
may
be
allowed
the
Expression)
as
any
Thing
whatever
can
be,
[still]
the
Punishment
for
it
is
not
of
that
Kind
which,
where
has
by
the
Common
Laws
it
^originally
attached
^
bestowed
on
the
Act
that
Denomination.
In
a
Word
the
Import
of
the
Term
Theft
with
it's
Conjugates
abovementioned
is
coextensive
with
the
Moral
Idea:
Larceny
with
the
Legal.
This
Distinction
is
far
from
being
steadily
observed:
Writers
every
now
&amp;
then
stretching
the
Import
of
the
Word
Larceny
to
a
Synonimity
with
hence
it
is
that
Theft;
by
which
means
Things
are
brought
to
that
pass,
that
now
persons
discoursing
of
a
proposed
Act
might
say,
the
one
that
it
was,
the
other
that
it
was
not
Larceny,
both
having
the
same
Meaning.
_
It
is
in
Order
to
avoid
this
Confusion
that
I
give
this
Notice
once
for
all,
that
if^
I
use
this
technical
Term
in
my
own
person
I
use
it
not
in
Concurrence
with,
but
in
Contradistinction
to
the
other.
The
-so
ever
ever
he
could
imagine,
that
he
was
paving
the
way
to
a
clear
knowledge
of
Jurisprudence
by
such
unintelligible
Jargon
as
this.
Our
Ancestors
had
been
accustomed
to
hear
_
these
absurdities
from
the
pulpits,
while
it
was
possesst
by
Monkish
ignorance:
As
progress
of
reformation
is
slow,
we
are
not
always
shocked
at
ithem,
when
we
som
by
chance
we
hear
something
like
them
from
the
same
Place.
But,
surely,
in
these
en-
lightened
Days
every
man
must
feel
in-
dignation
when
he
hears
sees
an
eminent
Writer
on
jurisprudence
paint
the
Creator,
in
the
odious
colors
of
an
Egyptian
task
Master.
For
21
declares
it
to
be
in
direct
opposition
to
his
present
distinction)
then
it
is
in
ex
post
facto
law,
making
that
criminal
which
at
the
time
of
it's
commission
was
indifferent:
it
is
a
privilegium
of
which
Cicero,
as
quoted
by
our
Author,
says
_
with
a
spirit,
which
I
wish
he
had
im-
parted
to
our
author,
&quot;Nemo
unquam
&quot;tulit,
nihil
est
crudelius,
nihil
perni-
-ciosius,
nihil
quod
minus
hoc
civitas
&quot;ferre
possit.&quot;
&quot;Municipal
law
(says
our
Author)
&quot;is
also
a
rule
of
civil
conduct,
and
this
&quot;he
says
distinguishes
municipal
law
82
much
inferior
will
be
produced
hereafter
to
this
sup-

-posed
one,
will
be
produced
hereafter.
If
from
one
third
the
Fine
were
to
be
in-
creased
to
two
thirds,
the
Law
instead
of
being
better
would
now
be
just
as
bad
again
as
it
was
before_
it
is
still
as
true
as
ever,
that
after
the
punishment
suffer'd
and
over,
it
is
always
worth
a
Man's
while
to
commit
the
Crime
whenever
he
has
the
Opportunity:
and
the
Misery
of
the
Criminal
is
doubled.
Universally
therefore
the
Inexpediency
of
the
Law
is
inversely
as
the
Magnitude
of
the
Punish-
ment,
up
to
the
very
Point
at
which
that
punish-
ment
has
risen
to
an
Equality
with
the
Profit
of
the
Crime.&quot;
7.
Where
the
Act
prohibited
is
such
as
would
pro-
-duce
Unhappiness
in
the
Community,
and
less
than
the
Penalty
actually
annexed
to
it_;
but
not
less
than
one
might
be
substituted
in
it's
Room.
Such
I
conceive
to
be
the
Laws
inflicting
capi-
tal
Punishments
on
Thefts.
Here
the
Law
simply
&amp;
absolutely
considered
shall
be
requisite
to
enforce
the
execution
of
the
same
accordingly,
and
within
a
time
to
be
limited,
And
Whereas
in
and
by
an
instrument
dated
this
day
the
said
piece
of
ground
has
been
fixed
upon
accordingly
and
the
said
Jeremy
Bentham
ap-
-pointed
sole
Feoffee
for
the
purpose
of
purchasing
the
same
And
Whereas
he
the
said
Jeremy
Bentham
hath
proposed
at
his
own
expence
but
upon
such
terms
and
conditions
and
for
such
considerations
as
are
hereinafter
mentioned,
to
erect
and
adapt
to
the
purpose
aforesaid
a
building
of
a
new
and
pe-
-culiar
nature
invented
by
Samuel
Bentham
Knight
of
the
Military
Order
of
St
George
of
Russia
and
Brigadier
General
in
her
Imperial
Majesty's
Service,
Brother
of
the
said
Je-
-remy
Bentham,
under
the
name
of
a
Panopticon
or
In-
-spection
House
in
and
by
means
of
which
said
Building
any
number
of
persons
may,
in
as
far
as
it
shall
be
thought
proper,
be
kept
under
the
inspection
of
any
person
or
number
of
persons
in
charge
thereof
during
any
or
every
moment
of
their
respective
lives,
Now
these
presents
witness
and
the
said
Jeremy
Bentham
for
himself
his
Heirs,
Executors
and
Admi-
-nistrators
doth
convenant
promise
and
agree
to
and
with
the
said
Lords
Commissioners
as
also
the
said
Lord
Commis-
-sioners
for
themselves
and
Successors
to
and
with
the
said
Jeremy
Bentham
his
Heirs
Executors
and
Administrators
in
manner
following:
viz:
Article.1.
The
said
Jeremy
Bentham,
for
and
in
consi-
-deration
of
the
sum
of
twenty
seven
thousand
pound
to
be
paid
in
manner
hereinafter
mentioned,
with
the
addition
of
such
supplemental
allowance
as
is
herein
also
mentioned,
as
also
in
consideration
of
his
being
to
be
appointed
Governor
of
supernumerary.
Provided
that
such
addition
,
after
having
been
paid
for
any
such
supernumerary,
shall
not
be
paid
for
any
other
such
supernumerary,
except
in
as
far
as
the
total
number
of
such
supernumeraries,
reckoning
from
the
first,
shall
be
encrea-
-sed
by
the
reception
of
such
latter
supernumerary:
as
for
example,
and
the
number
be^
reduced
to
one
hundred,
then
the
addition
shall
not
be
paid
in
respect
of
any
further
supernumeraries
which
may
successively
be
added
to
the
one
hundred,
untill
the
number
of
supernumeraries
be
augmented
again,
so
as
to
amount
to
two
hundred
or
more
than
two
hundred.
Art
5.
And
Whereas
in
and
by
the
said
Statute
of
the
7th
of
July
1794
it
is
enacted
that
when
the
said
Penitentiary
House
or
Houses
shall
be
erected
in
pursuance
of,
and
according
to,
such
contract
or
Contracts
as
therein
and
herein
mentioned,
or
sooner
if
occasion
shall
require,
it
shall
and
may
be
lawful
for
his
Majesty,
His
Heirs
and
Successors
from
time
to
time
by
an
order
in
writing
to
be
notified
by
the
Pruncipal
Secretary
of
State
for
the
Home
Department,
to
appoint
one
or
more
fit
and
discreet
person
or
persons
to
be
Governor
or
Governors
of
the
said
Peni-
-tentiary
House
or
Houses,
to
continue
in
such
office
or
offices
re-
-spectively,
for
such
time
and
under
such
conditions
as
his
Ma-
-jesty
shall
direct,
who
being
so
appointed
thereunto
shall
have
the
care,
management,
superintendence
and
controul
of
the
same
and
of
all
and
every
offender
and
offenders
who
shall
be
delivered
into
his
or
their
custody
,
by
the
direction
of
his
Majesty,
his
Heirs
or
ccessors,
under
such
powers
directions
limitations
and
restrictions
as
are
contained
in
an
Act
made
in
the
twenty
fourth
year
of
his
present
Majesty's
reign,
intituted
An
Act
for
the
effectual
Trans-
-portation
of
Felons
and
other
Offenders
and
to
authorise
the
remo-
-val
of
prisoners
in
certain
cases,
and
for
other
purposes
therein
mentioned,
or
under
such
other
directions,
limitations
and
restrict
ions
as
his
Majesty
shall
under
the
powers
of
the
said
Act
from
time
to
time
appoint
And
Whereas
in
and
by
the
said
last
mentioned
Act
power
is
given
to
his
Majesty
to
direct
if
two
hundred
supernumeraries
be
committed
in
the
first
instance,
the
Art.
17.
In
case
of
escape
the
said
Jeremy
Bentham
&amp;
his
said
Successors
shall
respectively
be
made
Debtors
in
their
quarterly
account
to
the
amount
of
50
for
every
instance
of
such
escape,
irresistible
violence
from
without
excepted:
provided
that
they
shall
be
made
Creditors
to
the
like
amount
in
case
of
recapture
within
the
term
of
six
months.
Art.
18.
The
life
of
each
Prisoner
is
to
be
insured
by
the
said
Jeremy
Bentham
and
his
Successors
at
the
rate
of
100
a
head
for
a
proportionable
premium
to
be
paid
by
the
said
Lords
Commissioners
and
their
Successors
as
follows.
A
computation
shall
be
formed
of
the
number
of
deaths
that
may
be
expected
to
take
place
among
the
Prisoners
in
the
course
of
each
year
out
of
the
said
number
of
a
thousand
prisoners
living
at
the
commencement
of
such
year,
taking
for
the
standard
the
annual
proportion
of
the
sum
total
of
deaths
at
the
end
of
a
year
to
that
of
persons
living
at
the
com-
-mencement
of
the
said
year,
according
to
the
London
Bills
of
Mortality,
and
the
calculations
therein
grounded
by
the
late
Revd.
Dr.
Price.
Such
computation
being
made,
the
said
Jeremy
Bentham
and
his
Successors
shall
at
the
end
of
each
year
be
on
the
one
hand
be
made
Creditors
to
the
amount
Art.17.
In
case
of
Escape
the
said
Jeremy
Bentham
and
his
said
Successors
shall
respectively
be
made
Debtors
in
their
quarterly
account
to
the
amount
of
50
for
every
instance
of
such
escape,
irresistible
violence
from
without
excepted:
pro-
vided
that
they
shall
be
made
Creditors
to
the
like
amount
in
case
of
recapture.
Art.18.
The
life
of
each
Prisoner
is
to
be
insured
by
the
said
Jeremy
Bentham
and
his
Successors
at
the
rate
of
100
a
head
for
a
proportionable
premium
to
be
paid
by
the
said

Lords
Commissioners
and
their
Successors
as
follows.
A
compu-
tation
shall
be
formed
of
the
number
of
deaths
that
may
be
expected
to
take
place
among
the
Prisoners
in
the
course
of
each
year
out
of
the
said
number
of
a
thousand
Prisoners
living
at
the
commencement
of
such
year
,
taking
for
the
standard
the
annual
proportion
of
the
deaths
at
the
end
of
a
year
to
that
of
persons
living
at
the
commencement
of
the
said
according
to
the
London
Bills
of
Mortality,
and
'the
calculations
thereon
grounded
by
the
late
Rev:d
Dr
Price.
Such
computation
being
made,
the
said
Jeremy
Bentham
&amp;
his
Successors
shall
at
the
end
of
each
year
be
on
the
one
hand
be
made
Creditors
to
the
amount
of
100
for
every
death
which
in
the
course
of
the
said
year
might
according
to
such
computation
have
been
expected
to
take
place
among
the
said
Prisoners,
and
on
the
other
hand
Debtors
to
the
said
amount
of
100
for
every
death
which
within
the
said
period
shall
actually
have
taken
place.
As
for
example,
suppose
the
number
of
deaths
expected
to
have
taken
place
at
the
end
of
the
year
to
be
to
the
number
of
persons
living
at
the
commencement
of
the
said
year
as
1
to
25,
this
for
the
said
intended
number
of
sum
total
of
have
amounted
to
the
sum
of
210,352,
making
for
the
said
hereby
intended
number
of
1000
Prisoners
the
sum
of
233,724,,
8
10
1/2
;
and
according
to
the
reduced
estimate
afterwards
made
by
the
said
Architects
would
for
the
said
number
of
1000
have
amounted
to
183,652,,4
,,5
1/4,
exclusive
of
the
expences
of
fitting
up
and
stocking
the
said
Establishment
;
all
which
expences
together
,
considering
the
usual
and
almost
unavoi-
-dable
difference
between
estimated
and
actual
expence
,
could
not
reasonably
be
reckoned
at
less
than
215,000
in
the
whole;
insomuch
that
the
said
Jeremy
Bentham,
whensoever
he
shall
have
fulfilled
the
present
agreement
in
relation
to
the
said
intended
Establishment
,
including
the
fitting
up
and
stocking
of
the
same,
may
reasonably
be
computed
to
have
saved
to
the
public
to
the
amount
of
200,000
out
of
the
said
215,000
at
the
least
And
Whereas
the
sum
of
15,000
(be-
-ing
all
that
will
remain
of
the
said
allowed
sum
of
27,000
after
setting
apart
the
sum
of
12,000
for
the
maintenance
of
the
said
thousand
Prisoners
for
one
year)
is
not
by
any
means
a
suffi-
-cient
allowance
for
the
expence
of
building
,
fitting
and
stocking
as
aforesaid
but
only
a
partial
allowance
towards
the
same
the
bulk
of
the
expenditure
necessary
for
the
same
being
accordingly
made
up
or
to
be
made
up
by
and
out
of
the
private
fortune,
or
saved
by
the
ingenuity
of
the
said
Jeremy
and
the
said
Sa-
-muel
Bentham
or
one
of
them
And
Whereas
if
such
Buildings
Improvements
and
Stock
were
not
to
be
the
property
of
the
said
intended
Managers
the
encouragement
necessary
to
induce
them
to
contribute
by
their
own
money
to
the
improvement
of
the
said
Establishement
would
be
in
great
measure
wanting
S
S
For
retaining
the
article
relative
to
the
insuring
of
the
lives
of
the
Prisoners.
Principle
will
be
found
to
concur
with
precedent
in
recommend

Under
the
article
the
Governor
gets
a
small
annual
pre-
-mium
for
every
prisoner
kept
alive:
paying
for
every
one

who
dies
a
heavy
fine
;
and
this
without
proof
of
deliquency
or
possibility
of
evasion.
The
nature
of
things
does
not
afford
another
expedient
of
equal
efficacy
for
effecting
that
intimacy
of
union
between
between
interest
and
duty
the
want
of
which
has
been
the
sole
and
universally
acknowledged
of
the
miseries
and
abuses
which
have
been
so
notoriously
prevalent
in
prisons.
It
applies
to
this
purpose
the
united
powers
of
reward
and
punishment,
without
the
expence
of
the
one
or
the
hardship
of
the
other
:
at
the
same
time
that,
so
far
as
punishment
is
concerned
it
produces
its
effect
with
that
degree
of
certainty
with
which
nothing
that
goes
by
that
name
and
is
administered
as
such
can
ever
be
attended
with.
Legal
penalties
can
attack
only
upon
specific
acts
:
upon
the
wounding
,
starving
or
poi
soning
men
outright.
_
They
afford
very
little
security
against
destructive
habits
:
against
the
being
killed
by
inches
or
by
neglect
:
worn
out
by
want
of
rest
or
nou-
rishment
:
poisoned
by
bad
provisions
or
unwholesome
trades
and
occupations.
The
-ing
it.
cause
Reasons
29
June
1795.
extension
of
the
Colony
Plan,
or
adoption
of
some
other
mode
of
disposing
of
Convicts)
perhaps
not
above
100
are
received
into
this
100,000
House.
What
is
the
consequence?_
that
for
each
Convict
House
rent
alone
(5000
at
5
per
Cent)
comes
to
50
a
year.
On
Mr
Bentham's
plan
it
comes
to
9
a
year,
and
that
for
two
years
only.
A
plain
proof
that
all
idea
of
refunding
was
out
of
the
question,
or
rather
that
it
was
perfectly
understood
that
nothing
should
be
refunded,
is,
that
Mr
Bentham
was,
for
months
together,
with
the
privit
of
Government
and
at
the
recommendation
of
Government,
in
treaty
on
his
own
account
with
the
Proprietors
for
the
purchase
of
the
Land:
Government
having
agreed
to
advance
the
purchase
money
in
that
case
to
Mr
Bentham
for
a
short
time.
The
Pro-

-prietors
not
complying;
an
Act
of
Parliament
for
this
and
other
purposes
was
thought
necessary:
and
upon
that
occasion
it
was,
that
it
was
notified
to
Mr
Bentham,
as
the
determination
of
Government,
that
the
Ground
should
be
purchased,
not
on
Mr
Bentham's
account,
but
on
the
account
of
Government:
but
that
due
satisfaction
should
be
made
to
Mr
Bentham
and
his
Representatives.
No
reason
was
assigned
for
this
departure:
Mr
Bentham's
consent
to
it
was
not
called
for:
it
was
not
given:
he
was
not
heard
upon
without
further
discussion,
sensible
to
the
obliging
attention
he
has
shewn
not
to
insist
on
conditions
injurious
to
the
principle.
In
this
view
he
proposes
the
article
to
stand
thus-
Article.7.
Each
Prisoner
shall
be
supplied
every
day
with
wholesome
food:
viz:
bread,
interchangeable
with
rice,
pease,
potatoes,
or
other
roots
commonly
used
for
human
food,
or
with
messes
made
of
oat-
-meal
or
other
meal,
or
grain
commonly
used
for
human
food,
as
much
as
he
shall
choose
to
eat;
together
with
a
competent
allowance
of
meat,
or
fish,
or
soups,
or
other
messes
made
of
any
such
animals
and
parts
of
animals
as
are
usually
em-
-ployed
for
human
food:
which
said
allowance
of
meat
or
the
equivalent
thereof
as
aforesaid
shall
also
be
made
in
like
manner
without
stint
to
every
man
who
shall
be
employed
in
work,
and
who
shall
exert
himself
with
ordinary
diligence
in
the
execution
of
the
same:
but
in
case
of
idleness
or
misbehaviour
the
quantity
of
such
meat
or
succe-
-daneum
to
meat
is
expressly
reserved
as
well
as
the
quality
to
the
choice
of
the
said
Jeremy
Ben-
-tham
and
his
Successors
as
a
means
of
engaging
the
said
Prisoners
without
the
spur
of
corporal
severities
to
set
their
hands
to
labour.
N.B.
There
is
no
specification
at
all
with
regard
to
food
in
any
of
the
Hulk
Contracts.
Article
p.
(the
being
No
1
P.
136.
Decr
1790.
&quot;The
harvest
which
was
begun
in
the
last,
&quot;was
completed
in
this
month.
In
the
abundance
that
was
expected,
&quot;every
one
was
disappointed;
for,
owing
to
a
most
tedious
and
un-
&quot;-fortunate
drought
during
ten
months,
the
wheat
did
not
turn

out
more
than
one
third
of
what,
from
the
quantity
of
ground
&quot;sown
with
that
grain,
there
was
a
reasonable
expectation
of
its
producing,
had
the
season
been
moderately
favourable.
This
was
the
&quot;more
seriously
felt,
as
at
one
time
a
hope
was
entertained
of
&quot;reaping
grain
sufficient
to
supply
the
colony
with
bread
for
two
No
2.
P.
202.
March
1799.
&quot;The
settlement
was
at
this
time
much
in
want
many
necessary
articles
of
life;
and
when
these
were
want
of
&quot;brought
by
speculators
and
traders
who
occasionally
touched
there,
&quot;they
demanded
more
than
500
per
cent
above
what
the
same
&quot;articles
could
have
been
sent
out
for
from
England,
with
every
addition
of
freight,
insurance,
&amp;c.
They
saw
the
wants
of
the
&quot;colony
and
availed
themselves
of
its
necessities&quot;.
No
3
P.
210.
May
quantity
of
fresh
pork
having
been
for
1799.
&quot;A
&quot;some
time
secured
into
the
store,
there
were
found
at
this
period
six
&quot;months
salt
provisions
remaining;
which,
without
this
supply
would
have
been
all
consumed,
and
the
colony
left
without
animal
food,
&quot;save
in
the
article
of
live
stock,
a
resource
on
which
it
could
not
&quot;have
been
prudent
to
have
touched
as
a
supply,
except
in
a
case
&quot;of
the
last
necessity.
Every
encouragement
was
given
to
the
curing
of
pork
upon
Norfolk
Island;
&quot;but
the
casks
in
which
the
salt
meat
was
sent
from
England
were
in
general
so
extremely
feeble
by
the
time
they
arrived,
that
scarcely
one
in
a
&quot;hundred
was
fit
for
that
purpose
a
second
time.
Could
any
timber,
fit
&quot;for
this
use,
have
been
found
in
the
country,
yet
a
supply
of
hoops
and
&quot;salt
pans
would
have
been
necessary;
and,
unless
it
was
cured
in
the
winter
&quot;season,
and
the
method
observed
by
Captain
Cook
was
practised
at
Norfolk
Island,
&quot;it
remained
a
doubt
whether
it
could
be
accomplished
to
any
considerable
extent.
&quot;The
price
of
fresh
pork
having
been
raised
in
consequence
of
the
failure
&quot;of
the
late
harvest,
as
a
temporary
relief
to
those
who
had
suffered
by
that
misfortune,
the
commissary
was,
at
the
close
of
this
month,
directed
to
re-
&quot;-turn
to
the
price
formerly
established,
viz.
nine-pence
per
pound.

The
state
of
the
public
stores
with
respect
to
salt
provisions
&quot;having
been
carefully
examined,
it
became
necessary
to
make
a
small
reduction
of
the
ration
in
time,
in
order
to
prevent
a
greater.
&quot;years&quot;.
11
P
204.
April
1799.
&quot;It
having
been
for
several
days
reported,
that
&quot;the
crews
of
two
boats,
which
had
been
permitted
to
go
to
Hunter's
&quot;River
for
a
load
of
coals
,
had
been
cut
off
by
the
natives,
the
&quot;governor
ordered
his
whale
boat
to
be
well
armed,
and
to
proceed
&quot;thither,
in
quest
of
the
boats
and
their
crews;
sending
in
her
&quot;Henry
Hacking,
a
person
on
whom
he
could
depend.
Upon
his
&quot;return
he
informed
the
governor,
that
on
his
arrival
he
found
&quot;an
attempt
had
been
made
to
burn
the
smaller
boat,
which
&quot;had
had
three
men
in
her,
who
were
each
provided
with
a
&quot;musquet.
The
boat
was
there,
but
the
men
were
not
to
be
&quot;found.
Going
immediately
in
search
of
them,
he
fell
in
with
&quot;a
large
body
of
natives
all
armed.
On
desiring
them
to
inform
&quot;him
what
was
become
of
the
white
men,
they
told
him
they
&quot;were
gone
to
Sidney.
This
did
not
satisfy
him,
as
he
found
&quot;they
had
taken
away
the
sails
of
the
boats,
the
men's
blankets,
&quot;and
every
thing
that
they
had
with
them.
He
then
threatened
&quot;to
kill
them
if
they
did
not
instantly
inform
him,
&amp;
presented
&quot;his
musquet
at
them.
This
they
laughed
at,
and
said,
that
&quot;if
he
did
not
go
away,
and
leave
them
a
small
two-oared
&quot;boat
which
he
had
brought
with
him,
&amp;
the
whale
boats,
they
&quot;would
destroy
every
white
man
there,
and
poised
their
spears
in
&quot;a
threatening
manner.
He
again
levelled
his
piece
at
them,
and
&quot;snapped
it
without
priming,
in
the
hope
of
alarming
them;
but
&quot;they
were
not
so
easily
frightened,
and
became
more
noisy
and
&quot;violent.
Finding
that
an
attack
was
almost
certain,
he
charged
&quot;his
gun
with
buck
shot,
and
ordered
them
to
leave
the
place;
&quot;but,
their
clamour
increasing
,
he
fired,
and
four
of
them
fell,
one
&quot;of
whom
got
up
again
and
ran
off,
the
other
three
remaining
&quot;upon
the
ground,
probably
mortally
wounded.
The
whole
body
&quot;disappeared,
and
no
more
was
seen
seen
of
them,
leaving
Hacking
&quot;to
fill
his
boat
&amp;
effect
his
&lt;gap/&gt;
retreat
unmolested.
&quot;Our
people
having
frequently
visited
this
river
for
coals,
&amp;
&quot;always
treated
with
kindness
and
civility
the
natives
whom
they
&quot;met,
this
behaviour
was
not
to
be
accounted
for,
except
by
its
&quot;being
allowed
that
all
savages
are
under
the
dominion
of
a
&quot;sudden
impulse;
which
renders
it
impossible
to
know
when
to
&quot;trust
to
them.&quot;
-
P.
92.
February
1796.
&quot;A
general
muster
took
place
on
the
&quot;14th
in
every
district
of
the
colony,
at
which
every
labouring
&quot;man,
whether
free
or
conict
convict,
was
obliged
to
appear.
on
the
&quot;following
morning
the
settlers
were
called
over,
previous
to
which,
&quot;the
governor,
who
was
present,
informed
them,
that
he
had
&quot;heard
of
much
discontent
prevailing
among
them
in
consequence
&quot;of
certain
heavy
grievances
which
they
said
they
laboured
under.
For
&quot;then,
as
he
was
unacquainted
with
the
nature
of
them,
he
was
&quot;unable
to
suggest
any
remedy,
he
therefore
desure
desired
that
&quot;they
might
be
represented
to
him
in
writing;
and,
to
spare
&quot;them
as
much
trouble
as
possible,
he
would
direct
two
gentle-
-&quot;men
on
whom
he
had
much
dependance
to
visit
the
different
&quot;districts,
and
collect
from
the
respective
settlers
such
of
their
&quot;distresses
and
grievances
as
they
were
desier
desire
desirous
of
&quot;making
known.
Before
they
were
dismissed,
he
gave
them
much
&quot;good
advice;
and
assured
them,
that
he
had
already,
from
his
&quot;own
ideas,
offered
a
plan
to
the
secretary
of
state
for
their
&quot;benefit,
which
he
hoped
in
due
time
would
be
attended
to
_

&quot;After
then,
the
women
and
children
were
mustered,
and
&quot;were
found
to
compose
a
very
considerable
part
of
the
settlement.&quot;
No
8
Mr.
Bentham
to
Mr
Hiley
Addington_
Sir/
21st
April
1801
In
answer
to
the
Note
I
was
honoured
with
from
you
yesterday
evening
proposing
to
me
to
make
any
representations
I
might
think
proper
in
answer
to
the
last
communication
from
the
Board
(meaning
I
presume
the
letter
signed
by
Mr
Long
and
dated
the
25th
of
last
Month)

I
would
beg
leave
to
express
my
wishes
to
be
informed,
whether
any
private
letter
on
the
subject
to
Mr
Addington
(dated
the
28th)
has
been
put
into
your
hands
and
whether
the
reference
therein
prayed
to
Mr
Nepean
has
been
made
or
is
intended
to
be
made..
I
have
the
honour
to
be
&amp;c
_
15.
_
A
penalty
should
be
inflicted
on
such
Watchmen,
as
are
known
to
put
up
or
take
down
Window-Shutters,

to
the
Watchmen;
but
their
pay
should
be
adequate
to
their
labour.
17.
_
A
certain
number
of
respectable
Parishioners
(No.
7.)
should
be
appointed,
as
Constables,
pro
tempore,
to
superintend
the
Night-Watch,
_
to
march
them,
as
a

Corporal's
relief-guard,
to
their
several
stations,
and
to
preside
at
the
Watch-House
during
the
night.
_
18.
_
Watchmen
should
be
chosen
from
disbanded
Sai:
:lors
or
Soldiers,
of
good
character;
_
their
age
to
not
younger
than
30,
nor
ever
older
than
50;
their
dress
should
be
jackets
and
over-alls,
with
a
light
Horseman's
helmet,
(having
a
lamp
in
front)
and
a
hanger
or
cutlas;
_
but
neither
pole
nor
rattle,
as
both
of
them
are
incumbrances.
Instead
of
a
rattle,
a
Bell
(like
those
used
by
the
Dustmen)
should
be
adopted,
to
hang
by
their
sides
till
wanted;
and
a
strict
prohibition
against
the
use
of
Bells
by
any
other
persons
whatsoever.
_
When
the
hour
is
announced
by
the
Watchmen,
they
should
not
make
use
of
the
word
&quot;Clock;&quot;
but
say,
&quot;Past
twelve,&quot;
&amp;c
or
doing
domestic
work
for
any
person
whatsoever
during
Watch-hours.
16.
_
No
presents,
or
Christmas-boxes
should
be
allowed
&quot;Past
one,&quot;
or
&quot;Half
past
twelve,&quot;
&amp;c,
&amp;c.
19.
19.
_
In
addition
to
the
Watchmen,
there
should
be
a
Horse-Patrole,
at
the
different
avenues
to
London
and
Westminster.
20.
_
Lamp-lighters
should
trim
their
lamps
at
certain
hours,
not
left
to
their
own
choice,
as
they
are
a
daily
nusance.
They
should
ply,
all
night,
at
their
re:
:spective
Watch-houses,
for
the
purpose
of
re-lighting
such
lamps
as
are
extinguished.
The
Watchmen
should
keep
an
eye
to
the
lamps
in
his
district,
and
pass
the
word
to
the
Lamp-lighter,
at
the
W.
house,
to
hasten
to
the
extinguished
lamp.
21.
_
All
Lodging-houses
ought
to
be
registered
some-
-where,
and
an
account
taken
of
their
Inmates.
22.
_
Link-Boys,
or
Link-Men,
not
to
be
allowed;
and
more
lights
must
be
put
up,
at
the
doors
of
pub:
:lic
places,
than
are
used
at
present;
which
lights
may
be,
in
part,
extinguished,
after
the
company
have
departed.
23.
_
A
severe
penalty
on
those
who
leave
sewers,
broken-up
pavements,
&amp;c,
&amp;c,
in
the
night,
without
lights,
and^
guard
to
warn
the
passengers.
24.
_
A
strict
eye
to
be
kept
on
Livery-Stables,
and
on
those
who
hire
out
Horses;
the
latter
of
which
ought
not
to
hire
out
a
horse,
without
enquiring
into
the
name,
residence,
and
character
of
the
person
who
hires,
under
a
penalty._
a
maintenance
they
are
complaisant
enough
to
submitt
to,
though
not
every
where
without
a
murmur,
because
they
know
not
very
well
how
to
help
themselves:
the
tax
for
architecture
they
may
stand
excused
from
load-
-ing
themselves
with,
were
it
only
that
in
that
behalf
neither
his
Grace's
nor
your
Lordship's
pleasure,
has
ever
yet,
I
believe,
been
directly
signified.
_
For
proof
I
betake
myself
once
more
to
the
worthy
Magistrate:
in
whose
testimony,
as
far
as
it
goes,
let
it
point
what
way
it
will,
I
really
have
great
confidence.
In
his
title
page,
as
well
as
in
his
survey
the
New
Prison
is
comprized:
I
mean
the
so
called
New
Prison,
the
old
and
beggarly
neighbour
of
the
vastly
new
as
well
as
costly
and
courtly
structure
half
prison
half
pl
palace,
in
Cold
Bath
Fields:
What
he
says
of
it
is
as
follows
_
No.
1.
Page
41.
&quot;Few
places
of
confinement
can
be
under
&quot;worse
regulation
than
the
New
Prison
....
The
arrange-
-ment
of
the
prison
itself
is
such,
as
renders
it
impossible
&quot;to
prevent
its
being
one
of
the
most
dreadful
seminaries
&quot;of
vice
and
profligacy
that
can
be
imagined.&quot;*
No.
2
Pages
42,
43.
&quot;Four
years
ago
...
plan
and
esti-
-&quot;mate
...
laid
before
the
Court:
the
business
was
postponed
&quot;sine
die,
under
the
idea,
that
the
County
rate,
already
&quot;burthened
in
a
great
variety
of
ways,
would
be
found
ina-
-&quot;dequate
without
great
inconvenience,
to
the
additional
&quot;expenditure
of
4000.
But
may
we
not
hope,
if
*In
this
respect,
at
the
worst
not
as
bad
as
the
Hulks:
nor
yet
a
great
deal
worse
than
the
Cold
Bath
Fields
Prison,
if
it
be
true,
as
I
suspect,
without
being
able
to
affirm
it
to
a
certainty,
that
the
worst
and
the
best
are
together
there
at
sometimes
though
not
at
all
times.
application
350
a
year,
a
douceur
for
a
gentleman
_
for
the
friend
of
the
gentleman
who
does
every
thing
_
was
not
to
be
made
up
so
easily:
a
hecatomb,
and
more
than
a
hecatomb,
of
victims
was
to
be
sacrificed,
before
an
offering
could
be
raind
worthy
of
the
chosen
priest,
who
was
to
stretch
his
hands
over
the
altar,
and
make
as
if
he
were
putting
a
period
to
the
sacrifice.
fice
In
this
place,
truth
compells
me
to
ac-
-knowlegdge,
proof
that
would
be
termed
legal
fails
me:
rumour
_
notoriety
_
whatsoever
be
the
word
_
is
in
several
points
the
only
ground
I
can
exhi-
-bit
even
so
much
as
in
the
way
of
reference.
I
have
no
eye-witness
to
depose,
that
as
often
as
a
Noble
Secretary
hias
appeared
to
act,
a
gentleman
on
the
other
side
the
wainscoat
has
pulled
the
wirer.
Friendship
between
the
gentleman
who
popp'd
out
of
his
pocket,
and
the
gentlemen
out
of
whose
pocket
the
other
popped,
is
a
point
not
less
diffi-
-cult
to
prove,
at
least
by
the
evidence
of
sense.
The
Nobel
Lord
and
the
gentleman
on
the
other
side
of
the
wainscoat
could,
either
of
them,
by
their
evidence
put
both
points
out
of
doubt.
Fortunately
or
unfortunately
the
favourite
ma
maxim
about
self-crimination
and
self-depredation,
the
maxim
made
to
cow
cowe
cover
this
and
every
thing
else
that
oughr
ought
to
be
disclosed,
steps
in
&amp;
covers
them:
so
that
on
this
occasion,
as
on
all
others,
they
may
do
exactly
as
they
please.
On
these
obscure
and
delicate
points,
circumstantial
evidence
then
is
the
sole
resort:
&amp;
before
the
bar
of
the
public
at
least
the
270
letters
orders
and
instructions
october
1755
only
for
the
publick
use
unless
by
particu
lar
orders
from
me
you
are
to
send
down
a
barrel
of
flints
with
the
arms
to
winchester
and
about
two
thousand
weight
of
flour
for
the
two
companies
of
rangers
twelve
hundred
of
which
to
be
delivered
captain
ashby
and
company
at
the
plantation
of
charles
sellars
the
rest
to
captain
cockes
company
at
nicholas
reasmers
october
26
gw
28th
winchester
october
28
1755
parole
hampton
the
officers
who
came
down
from
fort
cumberland
with
colonel
washington
are
immediately
to
go
recrui
ting
and
they
are
allowed
until
the
1st
of
de
cember
at
which
time
if
they
do
not
punctually
appear
at
the
place
of
rendez
vous
assigned
them
they
will
be
tried
by
a
court
martial
for
disobedience
of
orders
they
are
to
wait
upon
the
aid
de
camp
at
one
of
the
clock
to
receive
their
recrui
ting
instructions
each
officer
present
to
give
in
a
return
immediately
of
the
number
of
men
he
has
enlisted
one
subaltern
one
sergeant
one
corporal
one
drummer
and
twenty
five
private
men
are
to
mount
guard
today
and
to
be
relieved
to
morrow
at
ten
oclock
all
reports
and
returns
are
to
be
made
to
the
aid
de
camp
letters
orders
and
instructions
october
1755
271
28th
to
ensign
fleming
of
the
virginia
regiment
you
are
hereby
ordered
to
repair
to
captain
hogg
company
at
fort
dinwiddie
with
eight
good
men
as
that
company
is
without
a
surgeon
if
you
will
do
that
duty
an
allowance
will
be
made
you
for
it
you
are
to
provide
medicines
c
upon
the
best
terms
you
can
this
order
i
expect
will
be
immedi
ately
complied
with
and
that
no
delays
be
of
fered
you
are
to
account
with
captain
bell
for
your
recruiting
money
before
you
leave
him
if
you
should
arrive
at
augusta
court
house
before
sergeant
wilper
and
his
party
you
are
to
halt
there
until
he
joins
in
order
to
escort
the
ammunition
c
for
the
fort
where
you
will
receive
clothes
and
arms
for
the
men
28th
to
captain
bell
of
the
virginia
regiment
i
have
ordered
ensign
fleming
to
repair
to
captain
hoggs
company
with
eight
good
men
which
i
expect
you
will
see
immedi
ately
complied
with
he
is
to
account
with
you
for
his
recruiting
money
before
he
leaves
you
you
are
hereby
ordered
peremptorily
to
be
at
this
place
with
what
men
you
have
or
can
en
list
by
the
1st
of
december
your
late
disobedi
ence
of
orders
has
greatly
displeased
me
it
is
impossible
to
carry
on
affairs
as
they
ought
to
be
when
you
pay
so
little
regard
to
the
force
of
a
military
order
you
must
be
conscious
within
yourself
or
at
least
ought
to
be
that
your
crime
is
sufficient
to
break
the
best
officer
that
ever
bore
a
commission
272
letters
orders
and
instructions
october
172
28th
to
captain
peter
hogg
of
the
virginia
regiment
sir
i
received
yours
of
the
6th
of
octo
ber
inclosing
the
returns
of
your
company
only
this
day
ferguson
was
sent
after
you
but
falling
ill
by
a
sore
on
his
arm
was
ordered
to
halt
here
where
he
now
remains
unfit
for
duty
therefore
i
have
sent
in
his
room
sergeant
wilper
has
received
from
fort
cumberland
and
this
place
arms
and
clothing
to
complete
your
compa
ny
to
the
establishment
he
has
enlisted
three
men
on
his
march
and
i
have
or
dered
ensign
fleming
with
eight
others
to
join
you
he
being
a
surgeon
he
is
desired
to
take
care
of
your
company
for
which
he
will
be
allowed
you
must
use
your
best
endeavours
to
secure
your
provisions
and
do
with
it
as
you
see
most
needful
it
is
impossi
ble
i
can
direct
about
it
at
this
distance
properly
as
we
have
contracted
for
a
large
quantity
of
beef
already
you
are
desired
to
engage
no
more
than
what
will
suffice
for
your
own
company
i
shall
see
that
money
is
lodged
with
mr
dick
for
your
use
when
i
see
him
you
are
to
see
the
usual
stoppages
from
the
mens
pay
while
they
are
in
the
hospital
to
answer
the
expence
of
nurses
c
you
must
be
very
careful
not
to
slip
the
opportunity
of
purchasing
grain
for
your
company
that
being
your
only
dependance
letters
orders
and
instructions
october
1755
273
for
bread
the
commissary
having
no
orders
to
make
provisions
for
you
if
any
of
your
men
should
desert
or
die
you
are
immediately
to
recruit
others
keeping
your
company
to
the
esta
blishment
28th
to
lieutenant
bacon
of
the
maryland
independant
company
sir
as
those
stockades
on
pattersons
creek
are
only
intended
by
way
of
cover
to
the
rangers
and
as
a
receptacle
now
and
then
for
provisions
you
are
desired
not
to
plan
any
work
which
requires
much
time
to
execute
we
have
neither
men
nor
tools
to
carry
on
the
undertaking
with
vigour
i
am
c
gw
29th
to
lieutenant
colonel
adam
stephen
of
the
virginia
regiment
you
are
hereby
ordered
so
soon
as
the
waggons
arrive
from
alexandria
and
fort
cumberland
with
clothing
and
arms
to
see
the
men
completely
furnished
with
both
and
march
them
immediately
to
fort
cumberland
observing
to
take
up
all
the
salt
which
the
waggons
provided
by
the
commissary
will
carry
there
will
come
down
some
of
the
country
wag
gons
which
must
also
be
loaded
up
with
salt
as
there
is
some
clothing
wanting
to
complete
the
companies
at
fort
cumberland
you
are
to
take
up
for
that
purpose
forty
coats
thirty
nine
waistcoats
and
fifty
six
pair
of
breeches
thirty
eight
hats
and
eighty
shirts
which
you
are
to
have
274
letters
orders
and
instructions
october
1755
delivered
out
to
the
companies
according
to
the
return
made
me
at
fort
cum
berland
october
26th
i
have
sent
more
suits
than
are
necessary
in
case
of
getting
a
recruit
c
you
must
do
the
best
you
can
in
lodging
the
men
as
the
barracks
in
the
fort
are
full
as
sergeant
wil
per
is
waiting
the
return
of
the
waggons
from
the
fort
for
necessaries
for
captain
hoggs
company
so
soon
as
they
arrive
you
are
to
see
that
he
receives
such
things
as
he
has
orders
for
and
dispatch
him
immediately
if
no
other
horses
belong
ing
to
the
country
can
be
had
here
one
of
the
country
teams
must
be
stopped
and
the
horses
given
to
him
you
must
engage
the
herdsmen
to
remain
with
the
cattle
until
they
hear
from
the
com
missary
or
from
me
you
must
engage
all
the
coopers
you
can
to
make
barrels
for
packing
the
beef
and
if
any
of
the
soldiers
are
coopers
they
must
be
set
im
mediately
to
work
you
are
to
receive
from
the
stores
here
thirty
pounds
of
goose
shot
which
you
will
deliver
to
captain
ashby
company
as
you
pass
by
directing
him
to
be
particularly
care
ful
of
it
if
either
of
the
captains
of
the
rangers
should
apply
to
you
for
ammu
nition
you
are
to
supply
him
from
the
fort
a
drummer
with
his
drum
is
to
be
sent
from
this
place
with
sergeant
wilper
in
the
room
of
duncan
ferguson
letters
orders
and
instructions
october
1755
275
who
is
to
go
up
to
fort
cumberland
you
are
to
see
that
the
men
of
the
virginia
regiment
are
exer
cised
as
often
every
day
as
the
duty
will
admit
and
that
they
are
practised
also
in
shooting
at
tar
gets
and
if
there
are
any
who
are
remarkably
awkward
particular
pains
must
be
taken
with
them
you
must
observe
on
your
march
good
order
and
discipline
and
see
that
no
irregu
larities
happen
and
that
the
men
are
not
allowed
to
pillage
the
country
which
was
very
much
complained
of
in
the
last
detachment
you
are
to
apply
to
major
lewis
for
the
in
structions
which
i
left
with
him
and
see
that
they
are
observed
given
under
my
hand
c
winchester
october
gw
29th
1755
29th
to
mr
commissary
dick
you
are
so
soon
as
you
arrive
here
to
give
such
directions
as
you
shall
see
necessary
about
driving
the
cattle
to
fort
cumberland
you
are
to
send
up
doctor
walker
or
go
yourself
there
to
see
them
killed
and
properly
salted
whichever
of
you
remains
here
must
purchase
such
a
quantity
of
pork
as
you
imagine
will
be
necessary
for
the
troops
upon
the
most
reasonable
terms
you
can
and
oblige
them
to
deliver
it
at
whatever
time
you
shall
judge
most
proper
you
are
to
answer
out
of
the
money
in
your
hands
whatever
draughts
captain
hogg
may
draw
on
you
for
the
subsistance
of
his
company
from
time
to
time
you
are
to
see
that
coopers
are
engaged
to
make
barrels
for
the
provisions
and
to
276
letters
orders
and
instructions
october
1755
provide
all
other
necessaries
for
the
expedition
which
you
know
will
be
wanted
as
there
are
several
contracts
made
by
me
to
have
cattle
delivered
here
c
by
the
1st
of
next
month
i
desire
that
for
such
as
you
receive
up
on
that
account
if
you
have
money
in
your
hands
you
make
immediate
payment
given
c
winchester
october
gw
29th
1755
29th
winchester
october
29th
1755
parole
williamsburgh
one
subaltern
one
sergeant
one
corporal
one
drummer
and
twenty
five
private
men
the
guard
today
captain
peachy
is
ordered
to
take
upon
him
the
command
of
the
recruits
which
arrived
here
under
lieutenant
hall
and
ensign
price
who
are
also
ordered
to
act
under
him
until
further
orders
ensign
hedgeman
and
the
recruits
which
arrived
with
him
are
ordered
to
join
lieutenant
king
and
be
under
his
command
until
further
orders
lieutenant
eustace
and
the
eight
men
with
him
are
to
join
as
soon
as
they
arrive
at
fort
cumberland
the
company
which
captain
waggener
commands
at
present
and
the
party
left
with
sergeant
shaw
is
to
re
turn
to
their
respective
companies
so
soon
as
they
reach
the
fort
the
commissary
is
to
see
that
the
magazine
is
secured
by
fastening
up
the
windows
c
better
than
they
now
are
the
officers
are
to
see
that
the
men
are
clo
letters
orders
and
instructions
october
1755
277
thed
tomorrow
and
to
be
very
particular
in
their
accounts
of
what
they
receive
they
will
also
receive
arms
so
soon
as
they
arrive
from
fort
cumberland
to
complete
their
recruits
they
are
to
see
that
each
man
distinguishes
his
firelock
by
some
particular
mark
which
the
sub
alterns
of
the
company
are
to
enter
in
a
book
they
are
to
keep
for
that
purpose
every
officer
is
to
provide
an
orderly
book
to
enter
the
orders
in
as
they
issue
every
day
regularly
that
they
may
examine
them
often
and
see
they
are
duly
complied
with
captain
bronaugh
lieutenant
stewart
blegg
and
williams
sent
recruiting
and
to
rendezvous
at
alexandri
a
the
1st
of
december
gw
31st
to
captain
robert
spotswood
of
the
virginia
regiment
you
are
hereby
ordered
as
soon
as
the
clothes
and
arms
arrive
to
furnish
all
the
men
who
now
rendezvous
at
fredericksburgh
with
both
and
march
them
immediately
with
the
utmost
dispatch
to
fort
cumberland
to
reinforce
the
garrison
when
you
arrive
at
winchester
you
must
provide
your
men
with
car
tridges
you
are
to
be
very
careful
and
circum
spect
in
your
march
and
see
that
your
men
do
not
on
any
account
whatsoever
plunder
or
pillage
the
houses
which
the
people
have
deserted
or
any
others
or
plantations
lieutenant
fra
zier
and
ensign
carter
are
appointed
to
this
com
mand
given
c
gw
278
letters
orders
and
instructions
october
1755
1st
to
captain
john
mercer
of
the
virginia
regiment
you
are
hereby
ordered
to
ren
dezvous
at
alexandria
the
first
day
of
december
with
all
the
men
you
can
raise
by
that
time
given
c
at
fredericksburg
november
1st
1755
gw
aid
de
camp
nb
captain
joshua
lewis
is
allowed
to
the
1st
of
december
to
rendezvous
at
alex
andria
1st
to
mr
boyd
paymaster
as
colonel
stephen
has
brought
1000
which
i
wrote
for
to
pay
off
the
troops
it
will
save
you
a
journey
to
williams
burg
at
this
time
but
i
think
it
absolutely
necessary
that
you
should
after
paying
the
troops
in
garrison
go
into
augusta
to
pay
off
captain
hoggs
company
which
is
now
complete
unless
you
can
send
the
money
by
mr
mcclenachan
or
some
safe
hand
from
hence
the
recruits
at
fort
cumberland
are
all
paid
off
to
the
1st
of
oc
tober
as
private
men
there
being
no
distinc
tion
made
between
them
and
sergeants
none
having
yet
been
regularly
appointed
colonel
stephen
will
give
you
an
ac
count
of
those
he
has
paid
and
how
if
any
have
received
sergeants
pay
it
must
be
deducted
next
payment
as
also
letters
orders
and
instructions
november
1755
279
two
pence
per
month
from
each
non
commissioned
officer
and
soldier
for
purchasing
medicines
this
is
to
be
paid
to
the
surgeon
quarterly
there
is
also
six
pence
per
month
to
be
stopped
from
the
drum
mers
to
be
paid
to
the
drum
major
for
teaching
them
and
repairing
the
drums
these
deductions
you
are
hereby
ordered
to
make
each
pay
day
unless
coun
termanded
by
the
governor
or
myself
if
any
non
commissioned
officer
or
soldier
should
happen
to
die
he
is
to
be
continued
on
the
pay
roll
as
an
ef
fective
man
for
twenty
eight
days
to
pay
for
his
coffin
c
i
am
c
gw
1st
to
commissary
jones
or
to
george
conway
you
are
hereby
ordered
to
deliver
to
sergeant
wilper
taking
his
receipt
for
the
same
for
the
use
of
captain
hoggs
company
eight
regimental
coats
ten
waistcoats
ten
pair
of
breeches
nine
hats
eleven
shirts
as
many
pair
of
stockings
and
the
same
quantity
of
shoes
you
are
also
to
deliver
to
the
said
wilper
for
the
use
of
the
said
company
twelve
musquets
twenty
bayonets
and
ten
cartouch
box
out
of
those
arms
now
in
store
gw
nb
the
bayonets
must
be
delivered
out
of
those
loose
ones
in
the
store
you
are
also
ordered
to
de
liver
twenty
blankets
octo
30th
to
sergeant
david
wilper
of
the
virginia
regiment
you
are
hereby
ordered
so
soon
as
