6 Dec r 1803

Evidence

Exclusion

2 Notoriety

Exception 3. Two laws: 1. A law say in the first place a penal law, and belonging /in that [...?]/ as above supposed to the substantive branch of the law /body of the laws/. 2. a law belonging to the adjective branch of the law: no other words, a law or rule of procedure: and this a bad one; the effect of it being, as often as it is applied, the destroying the effect of the abovementioned good law; the giving impunity and thence encouragement to the mischievous acts prohibited by it. by that means, the withholding /withdrawing/ the protection promised by it: the disfulfilling the predictions uttered by it. the violating the engagements taken by it. Here again there are two descriptions of persons to whom it is desirable that this bad /adjective/ law destructive pro tanto of the effect of the good substantive law should be unknown. 1. viz: persons whose situation exposes them to the temptation of becoming transgressors of the good substantive law: 2. so long /far/ and so long /far/ only, as the good substantive law remains untransgressed, then by whom so long as it escapes being transgressed to their prejudice the production afforded by it is enjoyed. If in the instance of any individual the substantive law comes to be transgressed, and the /[...?]/ mischief against which it was designed to afford him protection brought down upon the head, from thence-forward the state of the case in respect of the utility of information is reversed. The result was to be wished for on his account is - not that he should remain in ignorance of the bad adjective law by which the good substantive law was rendered of no use to him, but that he should be approved of it, that the mischief that has already befallen him may not be approved by the mischief of a useless appeal to justice.

Exception 4. Two laws, as before: a substantive /good/ law, but at present of the non-penal class; and a bad adjective law, as before; bad by defalcating from the efficacy of the good substantive law Two classes of persons, as before,e to whom it is desirable that the bad adjective law should remain unknown: 1. the persons in whose situation exposes them to the temptation of evading to submitt to the obligations correspondent and inseparably attached to the rights conferred by the good substantive law: 2. so far and so far only as the good substantive law remains unclouded, as above, then in whom the rights created by it are meant to be conferred. The description of them, mutatis mutandis, as above: varying only according to the variation in the nature of the substantive law.