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Feb 1809 2

Press. Ch. .Devices

§§.3.2.Information —
Charges lumped.

1.
2. Device 2. In informations
charges lumped.
p.1.

2. Uses of this to the
Confederates —
1. By the verdict guilty,
all the passages charged,
however innoxious,
become criminal

3
2. Thence it being impossible
for any political
writer to know
what he could do to
be saved, all were
doomed to prison or
silence.

4
Supposing an acquittal
on any passage by confining
him to the
pattern so afforded, a
man might have saved himself.
p.1.


---page break---

§§.4.3. Indictmt — verdict
lumping.

1.
3. Device 3. Lumping
Verdict on on Indictments.
Thus the policy pursued
on informations
was extended to Indictments.
p.1.

2.
Course that wod have
been taken had the
object really been to
share innocent discourse
instead of punishing
it —
— a distinct Verdict
would instantly have
been taken on each count
— even where a verdict
of Guilty was expected
on each: viz to prevent
the bad effects of the
precedent. p.1.

3.
Here, as elsewhere,
suiting policy: name
of a Jury sufficient:
minds unnecessary.
p.2.

4.
Why the severance
is not customarily
applied for: to the
pubic alone it would
be of use, to Deft not.
p.2.

3 (a)
Contrast of that
practice with that in
civil actions — In
assumes it, the same
demand d repeated
on 6 different grounds:
— falsehood necessitated
& honoured — and by the
confusion the minds
of the Jury expelled on
a false pretence of
avoiding uncertainty.
p.3.


---page break---

§§.5.4. Vague invectives.

1
4. Device 4. Vague
invective stuffed in
p.1.

2
Uses — 1. To d cause
Deft to be deemed
guilty of crimes of
which he was innocent.
p.1

3
Example — Almon's
Case 1770 — for republishing
Junius
12 masses of defamation
or vituperation heaped
on the Deft by the law
scribbler — one of them
an attempt to stir
up insurrection and
rebellion. p.1.

4.
Per Ld Mansfield, properly:
for in case of
conviction on any one
charge all those others
are proved by inference
of law. i.e. in addition
to any crime of which
the Jury have deemed
a man guilty, the Judge
convicts him of any
number of others without
evidence. p.1.

5.
The libel ever since
sold as a classic —
p.2.

6
Deft a mere republisher
bound to insert it on
pain of loss of custom
p.2.

7
For stopping all mischief
that can be stopped
without licencing, punishing
the first publisher
or author would suffice.
p.2

8
Secus for keeping all writers
& booksellers &c i.e. the
whole press in a state
of slavish dependency.
p.3.

9
For a bookseller to
read all the new books
he is first publisher of
is possible. p.4

10
— to read all the books
he sells impossible —
p.5.

11
Thus all literary men
are caught in a net
& kept in a stew.
p.5.


---page break---

§§.5.4. Vague invectives.

12
This judging & reasoning
a fair sample — two
sets of charges exhibited
of one proof is required,
counter proof admitted
& the Jury permitted
to take cognizance —
Of the other no proof
required, no counterproof
admitted. Judges express
cognizance, taking the
mistreatment of accusation
for conclusive evidence.
p.5

13
Example — Almon's case
as above — Jury persuaded
to convict him of a libel,
on evidence of publishing
a paper denominated
by accuser. p.6.

14
On occasion of this
conviction B.R. Chief
Ld M convicts him
infamy of
treason — no evidence
admitted to disprove it
none to prove it unless
the accusation was taken
for evidence.

15
Sole warrant for this,
the word lawinference
of law
— one ideal being
put for a multitude
of real human ones.
p.7

16
Substitution of an impeccable
& irresponsible
ideal being, to peccant
real ones, an old &
approved fallacy.

16 (a)
such beings female
or male according to
science & language
1. Church — 2. University — 3 Law
p.8
Figuration Abstract Beings
Church university law —
of society. p.9

Add here vague conjecture
in Rex v Cobbet.



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

Date_1

1809-02

Marginal Summary Numbering

1-4, 1-4, 3a, 1-16, 16a

Box

026

Main Headings

law amendment

Folio number

026

Info in main headings field

press ch. devices

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

8759

Box Contents

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