JB/026/021/001

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Mar 1809
Press. Ch. . Kindred Offences

Technical distinction
§§1. English Law

1
Technicalism is
improbity working by
absurdity.

Technicalism confounds
distinctions —
distinguishes when there
is no difference —. Witness
itself, here, as elsewhere.
p.1.

2
Instruments whereby
wound may be inflicted
on reputation various
as above —

Signs, principal distinction
evanescent or
permanent. p.1.

3
Of signs evanescent
words only are noted —
for wound pien by
this instrument, action
is called action for words
by which words spoken
alone are meant, destinction
between defamation
and vituperation
not noted. p.1.

4.
Signs permanent book
only noted: for wounds
given by this instrument
remedy (indictment
&c ) is called
indictment &c for libel
between defamation &
vituperation, distinction
not noted here. p.1.

5.
Their notions suited
things as Andrebras'
thunder continual,
victims not the authors
but their Clients and
suitors. p.2.

6
1. Instances of unnatural
severance mischief
the same offence split
into two, by mere
difference in the
instrument, no analogy
between them
could be suspected
from the books.

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Technical distinction
§§1. English Law

7.
2. Unnatural combination;
Under libel

Under libel
defamation & vituperation
are found
together offences altogether
dissimilar

Libel, a little book
If for a single sheet
such as the Independent
Whig a man
deserved two years
solitary imprisonment
what for Viners Abridgement? p.2.

Firebrand's scattered
by the Whig Etna's
by the Abridgement.
p.3.

8
In witness of law
therefore every author
and publisher ought
to be thus punished.
p.3

9.
But the "right being
reduced to reason" such
authors and publishers
alone are now punishable
whose works it
happens to some Judge
& some other person
not to write. p.3.

11
Under this genus any
species may be included.
p.3.

11*
Species not yet included
besides defamation &
vituperation
1. History
2. Blasphemy
3. Obscenity
4. Sedition.

Though they are
no more of kin to
defamation than the
assault and
murder with which
it has been confounded
by Judges. p.4.

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Technical distinction
§§1. English Law

12
Exploits performable
by the including blasphemy
under the
genus libel.

The country clearable
of —
1. Misbelievers
2. Heretics
3. Schismatics.
4. Sectarics.
5. Oppugners and
defenders of 39 articles.
6. Jews.
7. Hindestan of Hindoos
and Mahometans
as easily as by Impegs
maxim of Mahometan
Judicatories.
8. Books on evidence.
9. Histories, if the other
law agt History be
in desuetude. p.5.

12(a)
Development of libel
law gives an instructive
exemplification of the
manner in which law
is made by Judges —
1. A non offender punished
by an expert
faith law in individuum

2. From the view of
the punishment and
the pretended offence
every lawyer left to
draw for every man
a conception of an
imaginary general
law

3. Instance — law agt
obscenity. Judge
Fortescue protests
against the making
it.

Had all Judges
been this honest
Judge-made law
would not have existed:
legislature
would have been the
only law. p.5

Identifier: | JB/026/021/001 "JB/" can not be assigned to a declared number type with value 26.
Date_1	1809-03	Marginal Summary Numbering	1-11, 11*, 12, 12a
Box	026	Main Headings	law amendment
Folio number	021	Info in main headings field	press ch. kindred offences
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	john herbert koe	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	8754
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