rs was a main part of the charge, and was laid,
in order to give the court jurisdiction chiefly against libels. The
offence was new. Learning of their own upon the subject they had none,
and they were obliged to resort to the only emporium where it was to be
had, the Roman Law. After the Star Chamber was abolished in the 10th of
Charles I. its authority indeed ceased, but its maxims subsisted and
survived it. The spirit of the Star Chamber has transmigrated and lived
again, and Westminster Hall was obliged to borrow from the Star Chamber,
for the same reasons as the Star Chamber had borrowed from the Roman
Forum, because they had no law, statute, or tradition of their own. Thus
the Roman Law took possession of our courts, I mean its doctrine, not its
sanctions; the severity of capital punishment was omitted, all the rest
remained. The grounds of these laws are just and equitable. Undoubtedly
the good fame of every man ought to be under the protection of the laws
as well as his life, and liberty, and property. Good fame is an outwork,
that defends them all, and renders them all valuable. The law forbids
you to revenge; when it ties up the hands of some, it ought to restrain
the tongues of others. The good fame of government is the same, it ought
not to be traduced. This is necessary in all government, and if opinion
be support, what takes away this destroys that support; but the liberty
of the press is necessary to this government.

The wisdom, however, of government is of more importance than the laws. I
should study the temper of the people before I ventured on actions of
this kind. I would consider the whole of the prosecution of a libel of
such importance as Junius, as one piece, as one consistent plan of
operations; and I would contrive it so that, if I were defeated, I should
not be disgraced; that even my victory should not be more ignominious
than my defeat; I would so manage, that the lowest in the predicament of
guilt should not be the only one in punishment. I would not inform
against the mere vender of a collection of pamphlets. I would not put
him to trial first, if I could possibly avoid it. I would rather stand
the consequences of my first error, than carry it to a judgment that must
disgrace my prosecution, or the court. We ought to examine these things
in a manner which becomes ourselves, and becomes the object of the
inquiry; not to examine into the most important consideration which can