6 July 1804

Procedure & Evidence

Note to p.7

Evils causes

4th Order

4. Uncertainty

Considering men /a man/ in the character of person capable of becoming offenders, the non-notoriety and uncertainty on the part of the law is productive of another evil, which requires to be distinguished from that which is a present on the carpet. It is the cause of a man's transgressing the /a/ law by which an obligation is imposed upon him, or not availing himself of the service proffered to him, by a law which has invested him /by which he stands invested/ with a right. This evil, though as serious and prolific an one as any, comes not within the design of the present work: since it does not run counter to - it does not obstruct the attainment of - any one of the ends of procedure. It does not disfulfill any of the predictions delivered by any branch /in any part/ of the substantive part of the law: it does not cause punishment not to be applied where due, or to be applied where not due: satisfaction not to be rendered where due, or to be rendered where not due: rights of any other kind /understand consummate rights/ not to be conferred where due, or to be conferred where not due.