JB/026/052/001

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Apl 1809
Press. Ch 3. Libel Law as it is

§3. Primeval Complection

1.
Of libel till 1792 no
definition. None
needful: the paper
being called a libel
conviction followed of
course. p.1.

2
Ao 1792 — firebrand
definition

Ao 1804 — feeling do
both authorities furnished
by
See below
p 1

3.
Libel involved history
the law with its reasons
announced in three
words.

Magistracy never dies.
Time & place not limited.
The &c must
not be spoken of
where? Their busts at
least ought to be in
B.R.
p.1

4.
Follows a general
idea 1. of the different
descriptions of persons
caught in the net —

2. of devices employed for
catching them.
3 — need for dressing
them when caught.
p.3

5.
Delinquents sine dubio
1. Author
2. Printer
3. Original publisher
4. derivative do
5. Reader to another.
p 3

6.
Do nil dubio —
1. Dictating author —
2. his immediate scribe
for the press.
3 — or not —
4. Copyists
5. Procurers
6. Instigators. p.3
7. Repeaters by heart
after writing or printing,
referring to ql paper.
8 — or not
9. do in purport
10. do referring to a wrong
paper really existing
11. Reference wrong as
to author publisher
dates &c —
12. or wholly fictitious
13. Repeaters at 2d 3d &c
hand with variation
as per Nos 7,8,9,10
p. 4

---page break---

§3. Primeval Complection

7.
Population of the Jails
supposing libel law
executed without partiality,
nearly equal to
the population of the
Kingdom. p.4
Insert from 1t

8
Devices for securing
punishment and embittering
it —

1. Information ousting
Grand Jury with
additional expence

2. do Ex officio ousting
preliminary public
discussion.

3. Attachment-making
party when a Judge
Judge in his own
cause — & ousting
Petty Jury.

4. Charges lumped: that
Guilty if applied in
mind to only one may
in effect apply to all.

5. Verdict lumping even
where charges are distinct:
Jury's mind
not being called to the
distinction p.5

6. Collateral accusations
unproveable or not
intended to be proved
or argued upon, not
stuffed in: Verdict
Guilty applied to those
tho' Jury's mind's not.

7. Proof of alledged unfitness
excluded: that so
the delinquent public
man may be screened,
his accuser punished.

8. In the instrument
of accusation epithet
charging the imputation
of unfitness
with being false omitted.
lest the Jury for want
of being satisfied of
the falsity should
acquit. p.6.

9. Question, libel or
not, laboured to be
withdrawn from the
cognizance of the Jury
as if, if no libel
there could be guilt y

10. Burthen thrown 6
rather on proceedings
than sentence. Uses
1. Deft Guilty, reputation
of levity added to profit
of severity.
2. Deft not guilty punishable
notwithstanding.
This favoured by King
pays no Costs.
3. Profit to Judge & Co on the expence. p.7

Identifier: | JB/026/052/001 "JB/" can not be assigned to a declared number type with value 26.
Date_1	1809-04	Marginal Summary Numbering	1-8
Box	026	Main Headings	law amendment
Folio number	052	Info in main headings field	press ch. 3 libel law as it is
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	john herbert koe	Watermarks	th 1806
Marginals		Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	8785
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