16 April 1804

Evidence

Forthcomingness

Ch.4. Misprision

§.2. Rules

Rule 9. In the list of offences, the non-delation of which is made penal, no offence ought to be [...?] of the number of those, the mischievousness of which is constituted solely or principally by their publicity. Examples.

1. Irregularities of the venereal appetite.

2. Defamation unless /except/ it be where by writing or otherwise the imputation is already public - diffused through the body of the community, and nothing remains to be known but the personal description of the author or criminally-conscious propagator. N.B. In this case however, the obligation of giving information should not be extended to any individual case, until in that individual judgment pronouncing the criminality of the imputation had been pronounced and publicised for this purpose. Why? 1. because in no system of established law is any tolerably precise definition of the offence of defamation to be found. 2. Because, supposing such definition established, it would in many instances be matter of great doubt whether the individual imputation in question the supposed libel (in the case where the defamatory discourse is in writing) comes within the definition so laid down.