JB/026/055/001

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Apl 1809
Press Ch. Modifications

1.
Ao 1808 Carr v Hood
a case in which, by
Ellenboro's doctrine
repugnant to R v Cobbett
is delivered: feelings
now disregarded, when
an author's, as such.
p.1

1(a)
Ellenboro's words. p.1

2.
Doctrine in Carr v Hood
itself good: but it
brings to view an ulterior
mischief of the feeling
definition. Shame
poured on the head of
Carr, but due to Ellenbooro'
himself. p 1

3
Feeling definition was
a trap in which Plff
Carr was caught. p.2

4.
Substance of distinction
taken by Ellenboro' — The
feelings my protection
was meant for was
those of men in high
situations: Carr is
but an author. p.3

5.
This inconsistency
affords an exemplification
of the uncertainty
inseparable from Judge-made
law. Endless
is the uncertainty derivable
from this source.
p.4.

6
Suppose an author
in high situation (See
Walpole's Catalogue)
Then the Judge grants
or denies protection as
he pleases: and without
falling into contradiction
as above.
p4

7.
Distinctions may thus
be taken without end:
situation finds protection
or not according to
its altitude: & the degree
of altitude protected
depends always upon
each Judge. p.4

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8
Supposed ql author
(labelled) a Judge or
all 12: or Ch. J. of B.R
Judge (dictator) and
Note taker (scribe) make
one author (as per Ch.
§ ) Suppose the
matter thus published
contain "bad maxims
of government" ) Then
per Ellenboro' ridiculing
it, and destroying his
reputation is not only
allowable but laudable.
p.5

9.
What can be worse
maxims of government
than maxims destructive
of the constitution,
by being so of liberty
of the press. p.6

10
Unfortunately in a
Judge ex. gr. Ch. J. of
B.R. tho' by destruction
of reputation influence
elsewhere may be diminished,
yet proves in
B.R. with jus nocendi
remains unimpaired.
No remedy but by address
from Lords or Commons.
p.6

Identifier: | JB/026/055/001 "JB/" can not be assigned to a declared number type with value 26.
Date_1		Marginal Summary Numbering
Box	026	Main Headings	law amendment
Folio number	055a "a" can not be assigned to a declared number type with value 55.	Info in main headings field
Image	001	Titles
Category	fragment	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner	john herbert koe	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9090100
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