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Mar. 1809 4
Press. Judges Opinion Concluding Observations Ch.4 Law & Fact Separate
§.6 Law x Fact
1
Law & fact both within
Juries' province, separation
needless.
& the simplicity is
an advantage. p.1.
2.
But if the separation
be material it may be
of use to compare the
line traced by the Lords
with do by Judges —
p.1
3.
Lds argumt. Meaning
of threatening Letter
you will not deny to
be fact, then how can do
of Libel be law? p.1.
4.
Per J.B. Admitting
meaning of threatening
Letter is fact, it follows
not that the question
libel or no libel contains
not law. p.2.
5
For illustration suppose
threatening Letter the
words of a Statute and
then suppose a Letter
in hoc verba— "You
claim thief &c wobited you."
p.2
6
Question of fact what
the import of the Letter
supposing no law.
p.2
7
Question of law whether
the Letter so understood
a threatening Letter as
per Statute. p.2
4 or 1 or 7*
Encrease of difficulty of
intellection by unwritten
law exemplified by
substituting to the case
of a threatening Letter
under Statute law,
that of a Libel under
unwritten.
Ex. gr. You dam thefe —
p.3.
8
No law here existing
no law in which the
word Libel much less
a definition of it is to
be found. p.3.
---page break---
§.6 Law x Fact
9.
To argue the case
recourse must be
had to fei justice —
a person of real law
(viz Statute law) must
be feigned, & libel must
be feigned to be one of
the words of it. p.3.
7 or 4 or 8
Others must be added
to make up a proposition
Publisher of a Libel
shall be punished so & so
p.4.
8 or 5 or 9 —
Ulterior words necessary
to be feigned — viz words
of a definition of a libel
Threatening is understood
as familiarly as Letter:
& is not more of a law
term
Secus Libel. p.4.
9.
Hence all eyes turn
to the man of law. Tell
us what a Libel is
we may avoid publishing
one & be safe.
10
All lawyers have been
ready to punish men
as for publishing libels:
none ready to say what
a libel is. p.4.
11
Hence to agree the
case, a definition (of a
Libel) must moreover
be feigned to add to
the proposition. p.5.
12.
Take for example the
two judicial definitions
viz —
1. The firebrand definition
13.
2. The feeling definition.
p.5.
14.
By the Judges too
much ground has
been allowed to the
question of law too
little to the do of fact.
p.6.
§.6 Law x Fact
15.
A matter of law they
claim the expounding
the import of the Letter
simpliciter: abstractedly
from the consideration
of the law. i.e. whether
the Letter (import supposed
predetermined)
be a threatening Letter
as per the words of
law. p.6.
16.
Whereas per J.B. the
abstract import is not
matter of law [which is
clearer than to say
matter of fact] matter
dehors the law. p.6.
17.
In the above case
does wobeted mean
woe-betide or what else?
is question not of law
p 7.
18
So, does the dam
thefe mean damned
thief or what else? p.7
19.
Would the import as
above have been matter
of law had the words
been spoken? Suppond
defamer a foreigner —
saying dam tefe did
he mean thief?
Would this have been
a question of law?
This will hardly be
maintained p.8.
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1809-03 |
1-7, 4 or 1 or 7*, 8-9, 7 or 4 or 8 - 8 or 5 or 9, 9-19 |
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026 |
law amendment |
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041 |
press judges opinion concluding observations |
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001 |
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marginal summary sheet |
1 |
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recto |
d4 |
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john herbert koe |
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8774 |
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