16 April 1804

Evidence

Forthcomingness

Ch.4. Misprision

§.2. Rules

Rule 10. In cases in which from the obvious mischievousness of the principal offence, the fact of its being treated as such by the law can not but be universally notorious, as well as the immorality of it - its being regarded by the moral sanction on the footing of a crime - is also universally notorious, the nearest relations - not even the wife need be or ought to be exempt by law from the obligation of delation.

Reasons. The reasons on which this rule was grounded, have already been brought to view in /under the head of/ the Book of Exclusions.

Rule 11. In the case of treason, so far as fixed laws can be of any avail in such cases /modifications/ of treason, as can not but be accompanied with the consciousness of immorality as well as disobedience to the laws: for instance aid given, for instance, in the way of espionage or otherwise to a foreign enemy, no civil war being in existence, or contemplation. In particular it ought not to have place in the case of a civil war,on the ground of a difference of opinion bonâ fide /sincerely/ maintained on both sides, as under a monarchy, in the case of a disputed title.

Rule 12. To enable the judge to reduce the punishment pro more probationem, and in consideration of various circumstances of extenuation, such as ignorance, weakness of mind, strength of attachment on the part of the non-delator to the principal offender, by the tie of gratitude, near relationship, need of patronage, or fear of oppression - the punishment for non-delation, though limited in each case on the side of increase, should on the side of diminution be left unlimited.