9 Dec r 1803

Evidence

Exclusion

2 Notoriety

Nothing can be of greater practical importance, how little soever heeded hitherto, nothing more remote from the character of useless theoretic topic, than this of the influence of notoriety, the system of evidence-excluding rules, such as [...?] been exemplified /in practice will be seen to/ the rules the consideration of which is necessarily included in the compass of the present work /design/ - would of themselves be sufficient to cup up society by the roots /found compleatly incompatible /[...?]/ with the existence of society. In this narrow compass we shall find a set of laws of sufficient virtue utterly to destroy /[...?]/ the virtue of all the rest. The multitude In [...?] has been/ and variety of witnesses in whose presence men have /all sorts of men/ been bound to committ crimes - all sorts of crimes - have been so great that under such rules if known and conformed to, the difficulty malefactor would find himself under would be how to subject /[...?]/himself to punishment, rather than how to evade it. These laws have existed: and society has not been destroyed /annihilated/: why? because were not /have not been/ sufficiently known: to the great body of the people they have been as if they had never existed. What then? supposing [...?] universally known would society have been destroyed by them? Most certainly: but the supposition is an unentertainable one, because they would have needed but to be generally known to be presently abolished; Rashness and blind prejudice go great lengths, but not to that length.

Thus it is, that one abuse - one vast pile of abuse - acts in the character of a palliative to another /a still greater/ abuse: as in medicine, instances are sometimes seen, in which one disease acts /is employed/ in the character of a remedy to another disease.

As to promulgation - effectual notification - understand of such laws as will endure it - of such laws as are neither directly pernicious to society, nor indirectly by the destruction of such /the effect of/ as are necessary to it, how far the compleat effectual performance /[...?]/ /fulfilment of their duty/ of this operation is practicable is a question that has received some notice elsewhere, + and stands too wide of the mark to find an /any thing like a compleat/ answer here. With respect to the means, an expedient of very extensive applicability will come in of course, in the compass of the next succeeding book. ++

+ Leg. [...?...?]

++ B.V. Preappointed. Ch. Contractual