FREE BOOKS

Author's List




PREV.   NEXT  
|<   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167  
168   169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   >>   >|  
before the armament arrived, should be ordered to attend the house; and when this was negatived, he moved an address to his majesty, praying that the house might be acquainted at what time reparation was first demanded from Spain, which likewise received a negation. PARLIAMENTARY PROCEEDINGS OF THE LAW OF LIBEL. The sentiments promulgated by Lord Mansfield on the law of libel, in the case of Woodfall, had created much discussion among the legal profession, and had met with much obloquy among the people. They were represented as an attempt to infringe the rights and powers of juries, and to reduce their verdicts to a mere echo of the opinions of judges, inasmuch as they were merely to inquire into the fact of printing and publishing, and not allowed to judge whether the matter in question was a libel or not On the 28th of November, Lord Chatham denounced this mode of directing juries from the bench, but Lord Mansfield justified it, and laid it down as an axiom, "that a libel, or not a libel, was a matter of law to be decided by the bench, and the question to be left to the jury was only the fact of printing and publishing." Mansfield demanded a call of the house for the 10th of December, and when that day arrived, he laid on the table a paper, drawn up with great care and precision, containing the unanimous opinion of the court of king's bench in Woodfall's case, in order that their lordships might, read or copy it as they pleased. Lord Camden inquired whether this paper was intended to be entered on the journals, and submitted to debate. Mansfield replied it was merely intended for the information of members, and he then suddenly moved an adjournment and quitted the house. On the next day, Camden considering the paper as a challenge to himself, endeavoured to provoke a discussion, by addressing six queries to the chief-justice, but Lord Mansfield declared that he would not answer interrogations, and the matter dropped. In the house of commons, the power of filing _ex-officio_ informations by the attorney-general in cases like Almon's, elicited the praises of Burke, on Junius as a writer, in these terms:--"How comes this Junius to have broken through the cobwebs of the law, and to have ranged uncontrolled, unpunished through the land? The myrmidons of the court have been long, and are still, pursuing him in vain. They will not spend their time upon me, or upon you, when the mighty boar of the forest, that ha
PREV.   NEXT  
|<   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167  
168   169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   >>   >|  



Top keywords:

Mansfield

 

matter

 
publishing
 

printing

 

juries

 
discussion
 

intended

 

Camden

 

Junius

 

arrived


question

 

demanded

 
Woodfall
 

justice

 
queries
 
declared
 
provoke
 

addressing

 

answer

 

filing


commons

 

interrogations

 
dropped
 

endeavoured

 

submitted

 

debate

 
replied
 

journals

 

entered

 

inquired


information

 

members

 

challenge

 

quitted

 

adjournment

 

suddenly

 

officio

 
informations
 

myrmidons

 

unpunished


cobwebs

 

ranged

 
uncontrolled
 
pursuing
 

mighty

 

broken

 

elicited

 
praises
 

attorney

 

general