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1818 Jan 20
J B to W. Smith . P. for Church of Englandism
12 continued
Christianity is that
always which yr.
Judge finds it expedient
to say is
such
Com. Law 13.
Impudence to call
that law in which
there is not a law
nor a word inserted
by any man in
the character of an
acknowledged. 7.
nor any determinate
word at all
Common Law each
man the
of his own imitation
7.14.13.21
Com. Law 14.
In the case of libel
by a single word any
man is punished for
giving publicity to any
discourse offensive to
the Judges
pleas are
(☞ Put this before Christianity
& after bonos
mores
15.
Had the words Christianity
&c been words
of Statute law no
warrant wd they have
afforded for punishing
any man for any thing
Com. law 16.
But many
of Judges is the
drawing any conclusion
from any
insist of words report
it to have been said
by anterior Judges.
Less than that coud.
not have sufficed for
causing to be ascribed
to these words
to that
of the same words
if in an act of Parliament.
7.13 14
21.
17.
Witness Hone's case
in which this omnipotence
was established
by Atty. General,
Judges assenting.
18.
To bestow on —
the lot intended for
Hone, needs nothing
but consistency.
19
In Hone's case under
the maxim Christianity
&c saying any thing
contrary to the Liturgy
or bearing
relation to it of displeasure
to the Court
has been pronounced
punishable.
20.
Hone was saved by
the rebellion of London
Juries agst. the
Special Jury
Act Mr. J. could not
no such rebellion out
of London
Those Juries are
named by the prosecutor,
he being the fountain
of justice —
Com. Law 21.
True: at common
Law might be inflicted
a punishment
not so severe as
that by the repealed
Statute. Within
this possibility is
contained all the legal
yet obtained
by the I.'s Act which
wd. be little worth
were it not for
public opinion
which is not quite
so obsequious to
the Judge as the idol
which having made
he brings out of his
pocket & makes to
speak what he pleases
— 7.13.14.2
Identifier: | JB/006/210/003 "JB/" can not be assigned to a declared number type with value 6.
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1818-01-20 |
1-21 |
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006 |
church of englandism |
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210 |
jb to w. smith mp for church catechism examined |
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003 |
com. law |
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correspondence |
2 |
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recto |
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john dickinson & co 1813 |
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a. levy |
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1813 |
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2943 |
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