Considerations on the Legality of General Warrants, and the Propriety of a Parliamentary Regulation of the Same: To which is Added, a Postscript on a Late Pamphlet Concerning Juries, Libels, &c.. (Google eBook)

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W. Nicoll, at the Paper-Mill, in St. Paul's Church-Yard., 1765 - Civil rights - 48 pages
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Page 40 - For the office of twelve men is no other than to inquire of matters of fact, and not to adjudge what the law is, for that is the office of the court, and not of the jury, and if they find the matter of fact at large, and further say that thereupon the law is so, where in truth the law is not so, the judges shall adjudge according to the matter of fact, and not according to the conclusion of the jury.
Page 45 - In the case of Cropp v. Tilney, 3 Salk. 226, Holt Ch. J. said, " scandalous matter is not necessary to make a libel. It is enough if the defendant induces an ill opinion to be held of the plaintiff, or to make him contemptible, or ridiculous.
Page 35 - And own myself a man ; to see our senators Cheat the deluded people with a show Of liberty, which yet they ne'er must taste of. They say, by them our hands are free from fetters ; Yet whom they please they lay in basest bonds...
Page 8 - Inftance where they have done otherwife in the Cafe of general Warrants, an Authority in Favour of the Legality of that Form of Warrant ? This at leaft muft be allowed, even if...
Page 6 - Defcription can be given of him, or is it lawful, in fuch Cafe, to grant a Warrant defcribing him by other Marks peculiar to him alone ? Suppofe a Murder is committed by a Perfon, whofe Name is unknown in that...
Page 10 - So that it not only left it to the Officers to judge what Papers were libellous, what not, but extended to Offences not yet committed. I need not...
Page 5 - Queftion, therefore, is not whether a general Warrant is not liable to be abufed by the Officer ? but, whether it gives him Authority to do fo, or confines the Execution of it to the Offender alone ? Where then is this...
Page 7 - But whether it be fo or not in other Matters, in the Cafe of Prifoners brought before the Court by Habeas Corpus...
Page 9 - Innocent expofed to the fame Danger from the Generality of the Warrant in Cafes of Treafon, as where the Offence is only a Mifdemeanor ? Can the public Safety ever require a general Warrant, where a fpecial Warrant can be ufed?
Page 5 - Perfon ; that too, which of all others, is folely and peculiarly applicable to him, the Commiflion of the Offence* How can a Warrant to arreft the Author or Printer of a certain Paper, extend to any one who is not the Author or Printer ? Is it not a...

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