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Feb. 1809 Part 1 Ch. 6 1
Press. Ch. 7. Devices — the Genesis of Libel Law
§§.1. Devices, with their objects
1.
Law of libels, the law
of bad times prior to
the materials of the
constitution &
2.
Objects of lawyers in
Libel law.
1. To apply it to the
greatest number
2. To render it an instrument
of tyranny
in the hands of the King.
3. To save his Ministers
from having their
misconduct brought
to light
3
In regard to all those
objects their sinister
interest and that of
the King were the same.
1. His revenge thus
gratified upon opponents
2. His power was
strengthened over all.
p.1.
4.
2 There was the same
here as elsewhere —
professional under
every system official
under the forgathering
viz
1. Maximum of profit
from each suit
2. Maximum of number
of suits
Besides other sinister
interests
See 28 Rep of Fin. Comm.
1796 p.2.
5
Devices employed here
in pursuit of these
interests (viz. King's
& Lawyers)
1 Information vice
Indictment
2. Information ex oficio
free & debatable
3. Attachment vice information
4 In information charges
discussed
5. in Indictment verdict
discussed
10 6. Same inserted
in Information and
Indictment
7 Question of law taken
from the Jury.
8. Omission of false in
the Charge. p.3.
9. Burthen on of proceedings, not
on judgment.
10. Burthen of the expence. 9. Attachment.
on the Not Guilty, notwithstanding
in the case.
§§.1. Devices, with their objects
6.
One point in which
the Kings & Lawyers
interest failed of
coinciding
Nullification and
other instruments
applied by
lawyers to their law,
to encourage delinquency
& protracted defence.
p.4.
§§.2.1. Inforamtn vice Indictmt
1
Device 1 Information
vice Indictment viz
not exclusive but optional.
p.1.
2
In Indictment fiat
of a Grand Jury is
necessary antecedently
to vexation of Deft.
p.1.
3.
Grand Jury institution
of a barbarous
age — an abuse for
remedy agt abuse
impunity granted at
pleasure by a secret
conclave. p.1.
4
By Stat. W.1. in
felonies its original
use in saving men
from punishment
safe custody or mesne
process was superseded.
5.
The name of Jury
has notwithstanding
secured to it a share
in the blind admiration
attached to that name
6
Libel a case in which
the interposition of the
Grand Jury is productive
of most good & least
harm.
1. Use of the press supremely
important —
2. Mischief of the greatest
abuse comparatively
inconsiderable.
3. Power of destroying
the use excited to action
by the strongest propensity.
4. Grand Jury by education
better qualified
for judging between use
and abuse than the
Petty Juries.
5. Offence with its mischief
as fully under
view of Grand as of
petty.
7
Proportioned to the importance
of this check
was the solicitude of
King & Judges to exempt
themselves from it,
hence Informations superseding
the Grand Jury.
§§.2.1. Inforamtn vice Indictment
8.
In setting the conditions
on which informations
should be issuable the
associated interests were
consulted — viz
1. In ordinary cases for
the benefit of Judge
& Co two hearings with
affidavit work
9
2. In case in which the
King took an interest
& preliminary public
discussion, whereby Jurymen
might be put
upon their guard was
apprehended, the hearings
&c were dispensed with.
10
Thus when for the delay
vexation and expense
the public found as
compensation, it was
created, in the opposite
case not. p.5.
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part i ch. 6 press ch. 7 devices |
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