7 May 1805

Evidence

Introd.

Ch.12. Procedure Natural

''.6. Modifications necessary

1. Of the terms of the father of a family /In a family/, a part, and that a very small one /of the name of the father or other Master/ suffices for every purpose /all occasions/ of judicature for the administration of domestic justice. In a political state that function requires the whole time not of one person only, but even in the smallest state of a considerable number of persons called Judges, together with others to act under their orders.

To secure forthcomingness on the part of the subordinate members of the community, as well in the character of witnesses as of parties - to secure actual justiciability on their part in the character of rectors, s no less necessary to the judicature of a family than to the judicature of the most extensive emperor. But in the family these special powers are certainly /insuperably/ included under that general mass of power which in that [...?] field of action is planted by the hand of nature. But /It is/ where the field is thus enlarged, distinct powers of this nature necessarily spring up, distinct powers, exercised /[...?]/ by different hands, and thence necessary to be distinguished by different names.

The securing in so far as it can be secured the negative values of veracity the absence of falshood as will through [...?] as through mendacity on the part of each person /individual/ heard in the character of a witness is another object the accomplishment of which is still provided for, as effectually as by any means to be provided for, by the general fund of paternal or [...?] power without the need of any distinct appropriation. But in the great family of the /a/ state to make for this purpose a provision as adequate to the purpose as in the former case requires the institution of an appropriate fund of punishment, with powers for the application of it.