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JB/026/014/001

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Feb 1809. 2
Press Ch. 2. State

12.
Consequence—an interdiction
of every writing
in which the folly or
imbecillity (of a determinate
individual at
least) are exhibited.

Unless any one can
be found whose feelings
are not violated by
this exhibition. p. 12.

13
Discovery made of such
an individual by Ellenboro'
and Gibbs with
person of Sir P. Philips
p. 14.

14
Proof that Phillips
had no feeling—if he
had Atty Gen J Ch. J
would never have treated
him so. p. 17.

14 (a)
To a witness protection
|^^^| more needful
than
p. 17.

14* + [+]1
[+]1 *14
The application for the
information would be better
evidence of this, than
is afforded of the libellers
being an evil disposed malicious
person</note>

If yr feelings of the individual
defamed were
the sole object to be regarded,
his own account
of them wod be the best
evidence—the only direct evidence. p.*17

15.
Application of this to
the case of the 7 Bishops.
p. 18.

15*
If the individual affected
be in a high situation,
the question of feelings
superseded—libellous to
say he understood fattening
a Sheep—is only
fit for the common walks
of life p. 18*

16
So in Imperial Rome
Sacrilegii instar
quem Imperator eligevit
deguise sit dubitare.

p. 18*


---page break---

16*
Even high situation is
not necessary to make
it a libel, if the intention
of it is to impress people
with a contemptuous
opinion of his abilities
or to render his abilities
ridiculous. p. 19.

17
Example in Carr's case
—Per Ellenboro's a book
likely to disseminate a
bad taste—it is of the
first importance to expose
it p. 20.

18 [+]2
18
[+]2 By the distance in
R v Cobbit Carr was
entrapped into the bringing
of this action

—and per Atty Genl
uncontradicted Ellenboro' to turn
it to ridicule. p. 21.


19
Ellenboro' assumes the
existence of a liberty of
the press. If the liberty
consists in the non-existence
of a licence,
conceditur. p. 22.

Press free in theft and
murder not free.

20
As to its liberty in
any other sense negatur
p. 23.

21
Nothing clear, but that if
A's publication be unpleasant
to B's feelings
A is liable to be made
to pay several times
the years subsistence
of a family, & to be sent
or not to D. or Gl. Gaol.
p. 24.

22
Distinction—
B in a high st situation
A's publication questioning
his aptitude
is a libel. p. 24.

23
B not in a high situation
& his publication
tending to disseminate
a bad taste; A's witticism
shewing this is not a
libel, but a serviceable
p. 25.


---page break---

24
Both propositions negantur:
ex contra

1. Proving inaptitude
in a high situation
serviceable—p. 26.

25.
Exposing a book written
in a bad taste rather
disserviceable than
serviceable—the
pleasure destroyed
or prevented being
certain & immediate
any equivalent pleasure
substituted, uncertain—
p.26

26.
Example—King James
among other instances
of misgovernment,
burnt heretics and
instituted oppressive monopolies—
to expose
this misgovernment
was serviceable—
among other bad tastes
disseminated by him
was punning: to expose
punning, depriving men
of the pleasure deriveable
from it would have
been disserviceable.
p. 27

27.
Liberty of questioning
aptitude of public men
is a liberty peculiar to
the British Constitution
and on which the preservation
of it depends
Liberty of discussing
matters of taste exists
under Bonaparte
p.28

28
Under Bonaparte
there is no need of
licence. p. 29.

No report to failings
of party or witness, when
the libeller is an
advocate—licenced assessor
of reputation, acting for
hire.

If disent worse not
an -
idea, a caning would
be deserved: strong arm
a defence against a strong
tongue.

A Judge or a Advocate
falsely supposed to be
whitewashed—law an
&c.

Firebrand libel.
Ex.gr. No Passing cry,
and defamation
from the highest branch, is
a matter of his cognisance
no libel.

Libel to call a man
by the profession of his Faith
.




Identifier: | JB/026/014/001
"JB/" can not be assigned to a declared number type with value 26.

Date_1

1809-02

Marginal Summary Numbering

12-14, 14a, 14*, 15, 15*, 16, 16*, 17-28

Box

026

Main Headings

law amendment

Folio number

014

Info in main headings field

press ch. 2 state

Image

001

Titles

Category

marginal summary sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d2

Penner

john herbert koe

Watermarks

Marginals

Paper Producer

Corrections

jeremy bentham

Paper Produced in Year

Notes public

ID Number

8747

Box Contents

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