23 May 1804

Evidence

Forthcomingness

Ch. Monitoires

§.2. Utility

§.2. Utility of the institution.

As to the efficacy of it In the character of a compulsory application; acting by force of the religious sanction, the efficacy of it will in the instance of each individual, depend upon the idiosyncratical texture of his conscience: upon the quantity of that force which in his conception has been brought to bear upon his mind, and upon the degree of his sensibility to that force. But howsoever this sort of instrument of judicature may be circumstanced in point /respect/ of efficacy, nothing can be purer than the sort of motive it sets to work, nothing can stand clearer[?] of every seductive influence. Is it in the nature of the case that a man should entertain the /any such/ expectation of any pleasure or profit in the way /shape/ of reward in the case of mendacity? Is it in the nature of the case that in the same even supposing his mind occupied by any persuasion of a religious nature he should not be apprehensive of punishment, viz: of divine punishment either in this world or another?

That cases are not wanting in which the effects of any /of a/ requisition of this nature would be of a mischievous kind adverse to truth and justice, and that accordingly in these cases it ought not to be supposed to be employed, seems not to be denied. Witness all cases turning on the supposed interposition of supernatural powers; witchcraft, apparition of unembodied spirits, every thing that comes under the denomination of a miracle. Why? - because in these cases the danger is less[?], without any consciousness of falshood, that any thing [...?] in the state of and condition of the will, the understanding may be disturbed by the workings of the imagination and false and mischievous conceptions and depositions generated[?].

That there is another set of cases in which if employed at all it ought not to be employed but with particular precaution /caution/, adapted to the state of religious opinions in the country in which the employment of it is proposed /may come to be/, seems equally obvious /dispute/ /[...?]/. Witness all causes /litigations/ penal or non-penal produced or fomented[?] by religious antipathies. For In these cases a general instruction would be proper from the legislator to the judge, viz: the ordinary judge, recommending it to him as a case of this nature, as he tenders his judicial reputation, for the distinctions can hardly be precise enough to constitute a ground for legal punishment not to open[?] a requisition of this nature, without a previous monitoire[?] from his official superior, or at least without a timely notification, for the purpose of attracting his attention, and /to the/ subject, and in the case of need his interposing hand.