1820 Oct. 15 liberticide measures 3 §. 2. Press liberty violated

Inserendumne.

III. or 3. In the case /situation/ of a functionary Where the person whose

reputation is the object of the imputation is a public functionary in case of

made juridical procedure whether for punishment or satisfaction in any other

shape, neither should any different judicatory nor any different form of

procedure be employed, other than what is employed in the case of a

non-functionary – a private individual a person not in office.

Reasons. In every case the object of judicature /of the system of procedure or

adjective branch of the law/ is to pronounce right decision – decision

conformable to the text of the law /substantive branch of the law/ if there is

any text to it, or to what is feigned to be law, if there is no such text, and

to that purpose to collect in the most apposite manner such evidence as the case

happens to afford with relation to the facts and to draw right conclusions from

that evidence. As this is the object in the one case, so is it in the other: the

end being the same, the means ought to be the same.

For /By/ whatever reasons by which this identity of judicatory and procedure is

prescribed in this case by the same, almost without exception /with scarce an

exception besides that which is formed by military cases,/ it is prescribed in

other cases.

But as in this instance the interest of rulers so in other instances the interest

of lawyers has given birth to judicatories and varieties of procedure, and

thence to complication without end.

In these as in other cases that for strengthening of the government have been

treated as criminal ones, the great object is the conviction and thence the

punishment of /execution of the law upon/ those to whom the provision made of it

has given the name of guilty: of the not guilty the example from punishment has

been the minor object. So likewise has the decision of differences between

individual and individual. In causes of this latter description it has

accordingly been left to the lawyers to introduce complication almost without

stint: judicatories and forms of procedure abundantly diversified.