Llli 



LIB 



trials hud in Westminster and London, 

 the defendants were committed to Dor- 

 chesier and Gloucester gaols, to render 

 their confinement the more irksome and 

 severe. 



\\ c have thus briefly endeavoured to 

 select the principal authorities under the 

 law of England, with respect, to libels, 

 and we are free to confess, that unless ju- 

 ries boldly assert the right of judging ac- 

 cording to the general intention and ho- 

 nest view of the writer, rather than upon 

 casual expressions, and the subtle innuen- 

 does of an information, there will be 

 found little actual liberty of the press, ex- 

 cepting what is allowed by the lenity of 

 an attorney general. 



For the law is strictly, that any thing 

 which affects the character of an indivi- 

 dual, or reflects on the government, is a 

 libel ; and with such a restraint we hold 

 the right of free discussion upon a frail 

 tenure. The absolute freedom of the 

 press can, we think, never be fully ob- 

 tained while truth continues to be a libel; 

 and it is remarkable, that in former times, 

 libels were charged as false, scandalous, 

 and malicious writings ; in the time of 

 Lord Coke, the doctrine was laid down, 

 that the falsehood of a libel was immate- 

 rial ; and very recently, the word " false," 

 has been omitted in the informations filed 

 by the present Attorney General, Sir Vi- 

 cary Gibbs. 



We admit that the point, how far the 

 press shall be uncontrolled, is a nice 

 question in politics ; but it should be re- 

 membered that the press, that is, the 

 right of public complaint, and of expos- 

 ing public delinquents to public odium, is 

 the people's cheapest and best defence, 

 and the oppressors' greatest awe. Were 

 that right uncontrolled, no wicked go- 

 vernment could last long; and as the 

 press is open to all, perhaps no just and 

 good government could long continue to 

 be misrepresented before an enlightened 

 and just thinking people. In England, it 

 must be acknowledged, that the practical 

 liberty of the press has been greater 

 than in any country in the world ; but we 

 attribute this more to the character of 

 the government and the people, than to 

 the law, which, if rigidly exercised, would 

 be severe. We have, it is true, not had 

 very frequently informations for libels at 

 the suit of government, butwe have never 

 known them fail to convict, except in the 

 case of Mr. Reeves, for a libel on the 

 House of Commons, which was prosecut- 

 ed by the popular party. 



We shall observe, that the law of libels 

 is plainly derived to us from the imperial 



constitutions of Rome under the Con- 

 stantines, not from the laws of republican 

 Rome, and that it came recommended to 

 us from the Star Chamber by Lord Coke. 

 We have not here sufficient space to in- 

 vestigate, as a political question, what 

 ought to be the law of Jibels ; and we 

 must acknowledge, that many objections 

 may occur to admitting truth to be a jus- 

 tification of a writing, when it is aimed 

 at government, and there is great diffi- 

 culty in verifying charges of misconduct, 

 even when they are confined to particular 

 instances. It is only by long reflection, 

 and an ardent desire for the utmost liber- 

 ty that is consistent with good govern- 

 ment, that we are led to wish that the 

 press should be uncontrolled. 



Libel, in the spiritual court, the origi- 

 nal declaration of any action in the civil 

 law. See statute 2 Edward VI. c. 13. 



The libel used in ecclesiastical pro- 

 ceedings consists of three parts : 1. The 

 major proposition, which shows a just 

 cause of the petition. 2. The narration, 

 or minor proposition. 3. The conclusion, 

 or conclusive petition, which conjoins 

 both propositions, &c. 



LIBERTY, in its most general signifi- 

 cation, is said to be a power to do as one 

 thinks fit ; unless restrained by the law 

 of the land : and it is well observed, that 

 human nature is ever an advocate for this 

 liberty ; it being the gift of God to man 

 in his creation. It is upon that account 

 the laws of England in all cases favour li- 

 berty. According to Montesquieu, liber- 

 ty consists principally in not being com- 

 pelled to do any thing which the lavr 

 does not require ; because we are go- 

 verned by civil laws, and therefore we 

 are free, living under those laws. 



The absolute rights of man, considered 

 as a free agent, endowed with discern- 

 ment to know good from evil, and with 

 power of choosing those measures which 

 appear to him to be most desirable, are 

 usually summed up in one general ap- 

 pellation, and denominated the natural li- 

 berty of mankind. This natural liberty 

 consists properly in a power of acting as 

 one thinks fit, without any restraint or 

 control, unless by the law of nature ; be- 

 ing a right inherent in us by birth, and 

 one of the gifts of God to man at his cre- 

 ation, when he endowed him with the fa- 

 culty of free will. 



But every man, when he enters into so- 

 ciety, gives up a part of his natural liber- 

 ty, as the price of so valuable a purchase; 

 and in consideration of receiving the ad- 

 vantages of mutual commerce, obliges 

 himself to conform to those laws which 



