29 April 1805

Evidence

Introduction

Ch.1. Evidence &

Procedure

Compared with the whole or with the remainder, a part of any work or system of operations can not but have in view /be directed or at least[?] require to be directed to/ the same end. The end therefore, with its immediate relation and dependencies - the common end will be a topic appertaining in common[?] to the topic /subject/ of the two works - a work /the rationale/ on the subject of evidence and a work /the rationale/ on the subject of procedure. To This part therefore a place could not be refused in the present work: it could not be posted off to any other. /eventually succeeding one publication./ Of two works so intimately connected, it can not however be expected than in either all mention or reference should be avoided of /to/ the other. In and between[?] all branches of science, lines of demarcation, such are the [...?] of human weakness [...?] be drawn, but it is seldom indeed that they can either be drawn straight in the first instance, or secured against encroachment on either side.

To Evidence will be referred what concerns the admission or exclusion, the approbation, of testimonial and other evidence and the guard against such /the/ deception of which it is /so be[?] it[?]/ apt to be productive. To procedure, the arrangements /operations/ necessary and proper to be employed /[...?]/ for the obtainment of it. In a work of evidence accordingly, the source of evidence whatsoever it be, person, thing, written document is supposed to be forthcoming: but the quality of it - the weight it is entitled[?] to act with at the scale, depends too much on the mode /operations/ in which it is extracted from that source, to admitt of posting[?] off the theory[?] /rationale/ of these operations to any work what concerns the direct[?] the rationale of those operations.