3 June 1805

Evidence

Introd.

Ch. Means

' 2. Laws concealed

'' 2. Maxim 1. Keep the rule of action in the dark.

Keeping the rule of action in the dark was the capital article of [...?] urged by Protestants against Catholics. In the matter of religion, the reasons pleaded in justification, the force[?], were if not preponderant, at least by no means to be despised /not destitute of plausibility, or even stronger/.

[marginal note: not to speak of Egyptian, Hindus, Lam[?], and other mystical religions.] On the ground of law, these reasons are altogether without application. Yet on this ground the endeavour has been little less strenuous than on the other.

In the origin of political communities /states/, the combat of force and fraud fills up the little time which the care /case/ of defence against destruction from without /foreign hostility/, leaves to spare. As the one or the other happens to prevail, the constitution takes its line. The Force could it but be exerted with consent, physical force being the prerogative of the many, fraud is the recourse and instrument of the few.

In the early days of Roman jurisprudence, the monopoly of leisure and literature, such as leisure and literature was in these days, thence into the hands of the Patricians, in manner already mentioned, the monopoly of judicature. [marginal note: Supra Ch. False Heads] In those days whatever other vices might have been abundant, hypocrisy was scarcely among the number. (Virtue[?] had as yet scarce learnt to extend its signification beyond the [...?] of courage.) (Men spoke plainly at least, howsoever coarsely.) Patricinus. In this book, this second volume, are the rules by which we intend to conduct ourselves in disposing[?] of your lives and fortunes[?]. Platinus. Good: let us look at it there there. Patricinus. No: that you shan't. While the dispute was going on a plebian stole a copy of this precious book, published it, and got good payment for it. What was to be done? Learned gentlemen cried down this book, and made another, like an Admiral of modern times, who when the enemy have captured his book of signals, sits down with his secretary and contrives /makes/ a set of fresh ones.