Observations on the Rights and Duty of Juries in Trials for Libels: Together with Remarks on the Origin and Nature of the Law of Libels

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Moncrieffe, Jenkin, White, Burnet, Burton, Byrne, H. Whitestone, Heery and Davis, 1785 - 147 стор.
 

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Сторінка 60 - ... reasons as every stander-by was able to swear was not law, and so had lost the pleasure and delight of being kind and dutiful to the king ; and instead of giving, were required to pay, and by a logic, that left no man any thing which he might call his own ; they no more looked upon it as the case of one man, but the case of the kingdom, nor as an imposition laid upon them by the king, but by the judges ; which they thought themselves bound in conscience to the public justice not to submit to.
Сторінка 74 - Sense taken for a malicious Defamation, expressed either in Printing or Writing, and tending either to blacken the Memory of one who is dead, or the Reputation of one who is alive, and to expose him to public Hatred, Contempt or Ridicule.
Сторінка 15 - Also in such case where the inquest " may give their verdict at large, if they will take upon " them the knowledge of the law upon the matter, they "may give their verdict generally as it is put in their " charge : as in the case aforesaid they may well say, that " the lessor did not disseise the lessee if they will.
Сторінка 94 - It is a maxim among these lawyers, that whatever hath been done before, may legally be done again : and therefore they take special care to record all the decisions formerly made against common justice, and the general reason of mankind. These, under the name of precedents, they produce as authorities, to justify the most iniquitous opinions, and the judges never fail of directing accordingly.
Сторінка 62 - I think, in the first place, that no man can take upon him to write against the actual exercise of the government, unless he have leave from the government, but he makes a libel, be what he writes true or false...
Сторінка 63 - I lay down this for my next position, that no private man can take upon him to write concerning the government at all; for what has any private man to do with the government, if his interest be not stirred or shaken?
Сторінка 15 - ... opinion, they have no power to judge of law, and the fact charged is fully proved, they shall at this rate be bound to find him guilty; and being so found, the judge may pronounce sentence against him, for he finds him a convicted traitor, &c.
Сторінка 139 - A man cannot see by another's eye, nor hear by another's ear. No more can a man conclude or infer the thing to be resolved by another's understanding or reasoning.
Сторінка 52 - IT has been faid, that juries are not to judge of the intention of a libeller, becaufe intention in this cafe is incapable of proof. But upon this it has been juftly remarked, that ' Criminal intention in the publication ' of a libel may be proved by two forts of 'evidence; one internal, arifing from the ,' nature of the paper ; the other external^ * from the circumftances accompanying the
Сторінка 10 - Whether any act was done or any word *' fpoken, in fuch or fuch a manner, or with fuch or fuch "an intent, the Jurors are Judges. The Court is not " Judge of thcfe matters, which are evidence to prove or " difprove the thing in iflue." This is our law, both in civil and criminal trials, altho...

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