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Apl 1809
Press. Ch. 2. Libel Law as it is
§.1. Makers
1
Libel Law is Judge
made disavowed by
makers Law in no words
&c p 1
2
Sub-manufacturers and
mode of manufacture
belong not to their place.
p.1
1(a)
Exception, but nominal
Scandalum magnatum
&c in practice has no effect
p.2.
Manufacturers at the time
the law was settled, removable
as well as placed
by the King: — still placed
p.2.
3
Properties of judge made law
inter alia
1. Arbitrariness
2. Uncertainty
3 Uncognoscibility
thence iniferableslavery
p.2
4
no where
so banefully as in this
part of the field
p 2
4*
Judges journeymen
makers, King master
do — objects & compleetion
follow of course. p 3
5
Judges objects would
be pursued by them,
as there was no incompatibility
or none
by them
visible: when visible
their yielding was
unavoidable. p.3
6.
Objects as above
money, power at home,
do abroad: vengeance
and ease.
Pursuit of them
as above, cause and
symptom of misrule.
7.
Liberty of scrutiny
into fitness of public
men — thence do of
the press, the only
check & security.
p 3
§.1. Makers
8
Thence its destruction
an object with King &
Judges. p 3
9.
Variation between their
sinister interest and
his power abroad no
object with the King (J.1.)
nor could they have helped
him to it. p.3
10
But their interest &
object was to multiply
offences & and suits for profit
sake — and for the sake
of suits transgressions.
Thence their wish
would have been to
allow proof of the truth
of the charge in the libel
for though certainty
of such proof would
pro tante have prevented
prosecution, yet uncertainty
being all pervading
prosecution wod
have been little checked
p.4
11
But such allowance
wod have been fatal
to the interest of their
Master & Fellow — servants
Thence forms were
arranged giving to
prosecutor the power
of barring this defence.
p.5
12.
Follow time and
place when the ground
work of libel law was
laid p.5
§.2 Place & Time
1.
Source of Libel law
Star Chamber decisions
temp J.1. Rules then
laid down — the rules
ever since pursued
without limitation
p 1
2.
Star Chamber erected
by H.7 a Court filled
by persons in high
situations. Short of
death & forfeiture all
punishment administered
by it without
forms: and for any
act. p.1.
3.
Use, the doing all
business to which
their concurrence might
be refused. p.1.
4.
Inter alia, giving to
proclamations the effect
of Statutes: thence
abolishing Parlt, and
rendering the King absolute
in England as elsewhere.
p.2
5.
In Edw's 6th minority
the formal surrender of
Parliaments rights to
H.8 was resolved: but
by Proclamations, with
Star Chamber to enforce
obedience, the effect
was producible. p.2
6.
Temp. J.1. by Proclamations
this enforced every
legislative effect almost
had been produced — except
undisguised taxation.
p 2
7.
Money enough not
being procurable without
undisguised taxation
Extension of undisguised
taxation otherwise than
by Parlt not being supportable
to Juries, hence
a judicatory without
Juries was necessary
to that purpose. p.2
8
Meantime, by disguised
taxation, along with new-government
in other shapes,
complaints & murmurs
were produced — Juries wod
frequently refused to concur
in punishing them: star
Chamber never.
Hence Star Chamber was
the fittest cradle for libel
law.
§.2 Place & Time
8 contd
Star Chamber libel law
a part of the plan which
had pillage for its fruit
Royal despotism for it's
instrument. p.3
9.
No need of proclamations
here: the simple principle
above stated sufficed High
situation men ever ready
to apply it. p 2
10.
B.R. Judges the most
active: in B.R. they cd
not act without Juries.
Going a few yards they
left Juries behind them,
& worked in the best
instead of low company.
p 3
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press ch. 3 libel law as it is |
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john herbert koe |
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