JB/141/115/003

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15

Infamy.

other than that which is given above.

Now then so it is, that for a libel simply vituperative
against a private person, the law will not let a man be punished
by what is called an Action to the profit of the party, unless it be under particular
circumstances, which it is not here the place
to dwell upon: such as But at the by imprisonment, or to
the profit of the Crown, by what is called an
Indictment, or more especially what is called
an Information, it will let him be punished
at the caprice, (for no rules are or can be laid
down to guide fix discretion) at the caprice, I say,
and fancy of the Judges. For a libel of the criminative
kind against a private person the Law will not let a man be punished,
if the libeller can prove his charge to be a true
one. But for a libel against a man in power
criminative or vituperative, true or false, moderate
or immoderate, it makes a man punishable
at all events without distinction. If it be true, it is so much
the worse; Judges, thinking to confound reasoning
by paradox, have not scrupled to hazard
this atrocious absurdity. Antient Antient departed The Judges of antiquity
broached it long ago; succeeded succeeding Judges
have adhered to it; present Judges whose agents discernment
cannot but have detected it, present Judges have as if tied borne
a way by a torrent of authorities down by the unsurmountable irresistible torrent weight of authorities,
recognize it; and it triumphs at this day to this hour.⊞ (a) ⊞ (a) In 27V The case of a regular accusation in a Court of Justice from the only receptor.

This being the case, he who blames the proceedings
of a man in power, right or wrong justly or unjustly, is a libeller: the
more justly, the worse libeller. But for blaming the
proceedings

Identifier: | JB/141/115/003"JB/" can not be assigned to a declared number type with value 141.
Date_1		Marginal Summary Numbering	not numbered
Box	141	Main Headings	rationale of punishment
Folio number	115	Info in main headings field	infamy
Image	003	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f12 / f13 / f14 / f15
Penner	jeremy bentham	Watermarks	[[watermarks::l v g propatria [britannia motif]]]
Marginals	jeremy bentham	Paper Producer	caroline vernon
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	48332
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