1818 June 18

Parl. Reform Bill

Abregé

VIII Penal Securities

5

Included in the task of proposing /furnishing/ /providing/ a definition of

defamation as applied to this purpose would be that of providing a definition of

defamation at large defamation considered as applied to any purpose: that is /and in

so doing/ of giving a solution to what seems to be the most difficult problem

afforded /that is to be found/ in the whole field of legislation.

{According to some men, the solution is not only difficult but impossible: in other

words to distinguish by any pre-appointed description in this case him who is /the/

criminal from him who is innoxious, the guilty from the not guilty is plainly

impossible. Supposing this to be the case, the practical consequence seems to be –

punish neither.}

Punish no man till you yourself know what it is you punish him for: punish no man as

for one offence till by the description you have given of the offence, you have put

it in every man’s power to avoid your punishment. Such are the rules which seem to be

/present themselves as being/ prescribed by common honesty and common sense: {but}

widely different from both is common law.