JB/064/102/001

Completed

1818. July 4.
Penal Code.Political Defamation

45.
From no such cause
has any mischief been
produced.

46.
No discontent, riots
or insurrections
have ever been the
result.

47.
No discontent, but
universal satisfaction.

48.
Contests between party
and party, yes: but
grounds of distinction
scarcely perceptible.

49.
No riots, no insurrection,
because no
irritation.

50.
Counter proof 2 in
England, liberty de
facto.

51.
In England, people
more flourishing
than in any other
European Monarchy.

52.
Causes.
1. Share of the peope
in choice of Members.
2. Jury trial.
3. Liberty of the press.

53.
All these causes reducible
to one, liberty
of the press.

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54.
Small influence
of the members
chosen by the people
forming scarcely
one tenth of the majority.

55.
Representatives of
the people as they are
called, are really
instruments in the
Monarch's hands.

56.
But this instrument
can not be kept in
use without a certain
degree of liberty
to political defamation.

57.
Effect of defamation
originating in Parliament
comparatively
great.

58.
Jury Trial of little
importance in this
instance.

59.
Law relating to political
defamation
imaginary, as part
of Common Law.

60.
Criminality therefore
arbitrarily decided
by Judges named
by the Monarch.

61.
Till of late years,
Judges had not only
the indicative, but
the whole enactive
function.

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62.
Every thing by which
English Government
is distinguished from
Continental despotism,
remains perpetually
hanging
by a thread.

63.
This thread it depends
on the Monarch
to cut at any
time.

64.
False plea in aggravation,
extra
sensibility of the
party defamed.

65.
Answer 1. The fact
not proved and not
susceptible of proof.

66.
Proofs adduced.
1. Direct assertion
2. Circumstantial evidence.

67.
2. Direct assertion
destitute of all probative
force.

68.
2. Circumstantial
Evidence, magnitude
of punishment demanded
by the party
injured.

69.
But, the magnitude
of the demand
for punishment,
proves the vindictiveness
of his character.

Identifier: \| JB/064/102/001"JB/" can not be assigned to a declared number type with value 64.
Date_1	1818-07-04	Marginal Summary Numbering	45-69
Box	064	Main Headings	Penal Code
Folio number	102	Info in main headings field	Penal Code
Image	001	Titles
Category	Marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner		Watermarks	B&M 1828
Marginals		Paper Producer	Arthur Moore; Richard Doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	20456
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