6 Dec r 1803

Evidence

Exclusion

2. Notoriety

'.1

 Confront this with Ch. Promulgation in B. Pre-appointed.

Ch. 2

' 3. Non-notoriety of the excluding law - its influence on the effects of the exclusion of evidence.

The influence of notoriety and non-notoriety upon the efficacy & utility of the body of the laws being here brought upon the carpet and a case brought to light in which the tendency of non notoriety presents itself in a beneficial point of view, to prevent collateral misconceptions on a point of universally extensive and primary /cardinal/ importance, a few elucidations may on this occasion be not altogether out of place.

In general terms, and with a reservation of all necessary exceptions, if it be asked, whether it be most for the advantage of a people that the acquaintance with the laws by which their fate is disposed of should be more or less exclusively diffused, the answer can be no other than this - the more extensively the better. To be acquainted, and that in the most perfect degree, with every law without exception by which his own interest is in any respect affected, is on the part of each individual a point of knowledge which considering in how /how absolutely/ high a degree his security and well being is concerned in his /depends upon his/ possessing it, it is on his account in the highest /a proportionable[?]/ degree desirable that he should possess: for /and/ in a word whatever degree of good can in any shape be expected to be produced by any imaginable law, it is only in proportion as the law is known that any such effect can flow from it.

In the character of a general maxim /proposition/, the proposition that it is in the highest degree desirable that the knowledge of the laws should be as widely diffused /near to universal/ as possible that every individual should have the most perfect acquaintance with every law by which his interest is in any way affected, is a proposition extremely obvious and not likely to be contested. The practicability o the state of things recommended by it will /may/ appear but too problematical /dubious/: the eligibility at any rate will naturally enough present itself as unquestionable.

To be inserted here or elsewhere.

What schoolmaster was ever so absurdly tyrannical, as to punish a boy for not doing a task that was never set him? A species of tyranny which would shock the feelings of the most [...?] /indifferent/ observer - which would strike him as an outrage to humanity and common sense, if exercised upon a single schoolboy - is exercised without ceasing upon a whole nation - what do I say? is exercised in a greater or less degree over every nation under the sun, /exercised without the smallest indication of [...?] higher upon earth/ by their rulers.