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Ch. II. Art.5 Procedure public
9
If the conduct of the Judge be not
for such occasions open to
the public eye, each Judge
may within the range
of his jurisdiction so order
matters as that there
shall be total darkness
or (what is worse) false
lights and no others.
10
By destroying or separating
all prefessor all
but those on one side,
Judges two or one confederating
might continue
this darkness or this false
light till some irredeemable mischief
had ensued.
11
Supposing such suppression
of presses prevented
by law (as per
Ch. Art. 1.) still by delay
a Judge might, in case
of prosecution keep publisher
in one side or
on both in a state of
indefinitely enduring
inaction.
Ch. 1. Art. 5. Aspersee
why examinable
1.
Question.1. On prosecution
why for imputing to a
public man breach
of public trust, why subject
party aspersed to
examination on the part
of the aspersor?
2
Reasons. Aspersion the
aspersor deserves reward
rather than punishment
3
No matter what motive,
in so far as it produce
none but such effects
no motives can be a bad one.
1
Question 2. Examination
why not extended to why
case of defamatory aspersion?
2
Reason —1. The evil would
predominate over the
good: the timid for slight
transgressions kept in a
state of oppression by
bold accusers
2. — In cases of sexual
irregularities the disturbance
to the peace
of families would be
particularly extensive.
3. More such aspersions
might come out than
the public press could
afford notices for. p.2.
§§.4. Instructions and
Explanations
Ch.1.Art. 5(a) Interrogating]
1
Members of government.
provision to be made.
in respect of such whom
could not be spared for
judicial attendance
without preponderant
prejudice to the public
service.
2.
Conspiracy need of providing
against it in
this case.
1.
For causation of loss
by wilful falsehood
Printer &c if conscious
whether or disseminator
civilly responsible
to full value.
2.
For attempt, not more
than [1/5] of probable
full value.
3.
For causation of loss by
temerarious falshood,
Printer &c responsible
up to [1/2] value.
4.
For causation of untrue
profit (pecuniary or other)
by wilful falshood
without assignable loss
to anyone, fine to that
amount up to 1/4
more.
5.
For attempt fine up to
[1/4] the probable full
value in case of success.
6.
In Co-Offenders taken
taken together whatever
sum over and above full
satisfaction to all parties
injured shall be levied,
goes to the public purse.
7.
For forgery in prosecution
of any such design
in addition to satisfaction
and pecuniary
punishment as above,
punishment as for forgery.
7 (a)
Forgery accomplished.
§§.1. Defamation particularized
Offender's doom for
defamation in particular
terms.
1. Censorial sentence
sentence of ablution —
option and discretion
—Sentence of ablution
2.
At offenders expence
impression and determination
of history of
the proceedings, full
or in extract — Instant
of ablation dissemination
extensive with
aspersion.
Instrument of ablation
3
Satisfaction pecuniary
for specific damage
especially if pecuniary
4
In the case of indigence
commutation
of pecuniary obligation
as in other cases.
And so throughout
this chapter
Ch.4.§§.1.Art. 4(a)
1. Wrongful Defamation
in particular terms
— what: insulting
individual act
illegal or religious or
immoral: or any
mode of being by which
he is rendered an object
of contempt or disesteem.
Examples.
1. Theft
2. Swindling
3 Bribe-taking
Ch.4.§§.1.Art. 4(b)
Defamation temerarious
when.
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