2 July 1804

Procedure and Evidence

Note continued

Ends

Ch.│ │ Vexation

'.1. Note

To /Under/ the same head of vexation might also have been referred included the evils produced by rightful decision, on whichever side, that of the Plff or that of the defendant the burthen falls. Evil, on one side or other, and [...?], for a certain period on both sides, evil in some shape and degree or other, is the result as of almost every exercise of the powers of government, so in particular of every exercise, without any exceptions worth dwelling upon of the powers of judicature. of the existence of The evil produced in this way the existence is no less incontestable in the case where the decision to a Mans prejudice is due, than where it is undue. Nor so far as this single individual alone is considered, will it be easy to say, in which of the two cases the evil is of the greatest magnitude. If In penal cases for example, the evil produced by rightful decision in respect of this branch /at this stage/ of it is beyond comparison greater /less/ than that produced by a wrongful decision importing a punishment to the same amount in appearance and in name. For the innocent man the man who /whose punishment/ is wrongfully punished, has for his support and satisfaction howsoever inadequate, all those reflections and shapes[?] which are included by /comprehended under //we have in view when we describe to him// the denomination of a good conscience: a consolation of which, if a man be guilty, and conscious of his being so, he feels himself deprived.