JB/026/033/001

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March 1809
Press Judges Opinion

§§.1. Intention, Law or fact

1.
Quest. I. par. 3(a) "criminal
law, libel law"

Imparlance announced
phrase stiff
no better than surplusage. p1

2.
Quest. I. par. 3(b) "Corpus
"delicti" a Romano Gallia
term erroneously taken
here for the instrument
instead of the fact of
the offence.

Ld Coke
of Clergy absence of
p1.

3.
Quest. I. par. 3(c) "pregnant
instance"
Pregnant of what?
p.3

4.
"A forged promissory
"Note" — the case not
relevant encreased obscurity. p.3

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§§.2. Truth material?

1.
Quest. II. par. 3(a) Truth
not material

Autant de gagné
once it was an aggravation.
p.4

2.
Quest. II. par. 3. Truth
not to be left to a Jury
No: Guilty being extracted
from them is
applied without exception
to all the charges
true and false. Through
a cloud of elaborately
raised confusion, Awe
leads them blindfold
Persuaded by Judge that
Deft has been guilty
of something they find
him guilty of every thing
Instrument of accusation
not delivered to
them — or no sufficient
time for examining it.
p.4

Quest. II. par. 4(a) King's
peace

Punishing truth
necessary to King's Peace

Was the person of
the King here brought
forward to influence
the Lords? p.5

4.
par 4(b) Good order
The tyrants phrase.
Good order includes all
abuse if established

This one of the air
balloons for escaping
from confutation
p.5

English liberty.
General morality would
not have been dark
enough for the purpose.
p.5

5.
par. 4(c) "cannot now
be drawn into debate
One point in Judge-made
law not debateable
Oh that the list were
but completed! liberty
property &c would be less
insecure. Counter list
of non-law (not bad law
equally desirable
But to what Judge or
Chancellor shall it be
dedicated? p.6.

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§§.2. Truth material?

6
par. 5(a) "too frequently
loaded with formality
1. Existence of burthensome
formality a confession
2. It being found where
it is, a poor justification
for retaining it.
3. Cause of its being retained
a profit to Judge & Co
(See
Thence more agreeable
to pretend to separate
it toties quoties than
to extirpate it once
for all

While this profitable
no burthen can be
too great. p.7

7
par. 6(a) "Falsus proditer"
1. Applied to a traitor
as such false is
nonsense.
2. Pop-gun plot might
have been perpetrated
without falshood.
3. — applies properly to a
discourse composed of
assertion
4. Applied to the aggregate
it cannot but
be applied to the propositions
"contained in
"it. p.9

8
par 7. Verus instead of
falsus
1. The substitution would
not be proper: it would
be a quibble in the
stile of Shakespeares
wits
2. Blessed fruit of the
viginti annorum
lacubratiosies! p.10
3. Deplorable multitude
of words necessary to
unravel the knots.
p.10

9 a
par. 8(a) [Non obligation
of proving a negative
decisive]
1. General impossibility
of proving a negative
non occidi non faravi
non adulterasi
2. Rare exception, when
proof can be made of
a positive fact, incompatible
with that charge.
3. Proof of a man's being
alive would in general
be proof of non-killing —
4. But in Wilke's case
Ld Ch seeing him in Court
would not believe he was
there. p.12

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§§.2. Truth material?
continued

9
5. Of what this learning
is decision viz — temper
in which it was delivered
the agitation produced
by the apprehension of
seeing the sceptre
struck out of their hand.

6. Had the 12 sages been
one Sherriff, question
whether the weakest
walkers over earth
Argument drawn from
the non requisition of
impossibilities. p.12

9(a)
Wilke's Case particularized.
p.13

10.
par 10(e) No opinion as to
consequence of omission of
form.

This was to save the
nullification principle
the jus nocendi

Ex. gr. Force & arms
clause omitted question
whether good. p.15

10(a)
1. In R. v. Almon — Libel
stands this clause.
2. Directions to Judge, if
you wish to save Deft
settle with Atty Genl to
leave out this clause.

If you wish cla changes
declaim out of Ld
agt nullification. p.15

Identifier: | JB/026/033/001 "JB/" can not be assigned to a declared number type with value 26.
Date_1	1809-03	Marginal Summary Numbering	1-4, 1-9, 9a, 10
Box	026	Main Headings	law amendment
Folio number	033	Info in main headings field	press judges opinion
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1
Penner	john herbert koe	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	8766
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