The Massachusetts spy. [volume] (Boston [Mass.]) 1770-1772, 1771-12-26

CahJt IGt MafIET CeMpiHI.fR " io"' "'e' '
Bacon OH this head obiefyss, /" he King s
beach Whole juri(dieion herein Is founded =
the peceili,y Of preventing q"ar'e's and 4
blood, and which deals with this offence as o
dangerous conlequerce, always exerclies
difcrcIionary power in granting an lntorma'
| ton for an offence Of this nature. a. e N
many cafes. leaves the party 10 his ordinary
remedy" One ofthe cafes in which nc lays
hey lrfufe, is that mentioned above, OF III
Eeins fyRe. And he mentions another, which
may be worthy of note, where the matter
complained of was INTENDED far ytf0rn0ti01.
There are tome fta,u,es about this matter,
called ilatutcs agaira Aander and tfan60faM
msgnotam. sd. Ed. !. cd. and 18th RE IL
But ihoGe contain the fame doctrines mean
to aGert. They fay, "Whoever ihall be 70
hardy as to tell or publilh any FALSE
NEWS, whereby lijfsrd may grow and fhall
be taken, &c." This makes fairy and aiC
esyd, e0enlial marks of a breach of this
featute.
There is one Judge, Mr.. JuRice Ailybonc,
Whole memory, like the muihroom, would
have been fhoft lived, and never have reach
ed poifcri,y, but for his curious decifion IN
this cafe, who sleItcd in the trial of the feven
bifhops, tina, decsnf remembrance was 2
ltd, end tina. il mattered NOT, whether il
was true or fal(e bu, the rcaions be gave,
are = lufficiem corfuiation Of bis no.ioas,
and fliow their illegally and abiuidity wien
he aGeuor is reduced 10 fuch wretched
fhift he fays, $ no private man ought to
~tdds with governmsnt If my iafAgR is
not filaken, what have 20 do with govern
ment I When we write againa government
BY sUay IF s,gsmsat, il is the argument that
m0kes the government, or,not the govern
ment. You may call Il Replication or pffi-
fisn, III is called frRf, isis a libel. And as
every trepats impies,w ct arms, 70 every il
bel carrier with il iedition and all the Other
epitte,s, and ~ the Indictment is tyosrd"
Dferent vera the sentiments Of Judge Pow
ell in this cafe, = man whom every lawyer
knows and eileems. His opinion is, g %
make i, libel IL NM Be FALSE and MA
LICIOUS Ss6 tend 10 iSditios." And de-
clzred, s. As he Ew no jalk5sOd, nor malice in
it. 1T WAS NO LIBEL" In this fame
memorable trial we meet with the judgment
of Sir Robert Sawyer, on this poins. :" The
faLfty, malies and )fdifior of the writing are
all Ja6as to be proved" fhall mention one
extract more. which | take from celebrz-
ted writer on this fubjea. "Lord Chief
JuRiee Holt always afked, Can you prsvs this
TO be true ? if you write fUch things as you
are charged with, it lies on you to Pr0VF them
true at your peril.
have now done with my law on this
point. My arguments on thefe heads lbave
endeavoured to make level with the meaneR
capacity. The exploitation Of the civil law,
may not 70 ea6ly be underftood. The beit
writers on that inflitution lived many centu-
RE: back, and may not be 70 familiar in our
days. The many volumes written BY an
ciens men on the civil code, are very irIdom
found IN an Englih Lawyers library. But
(nely every man IS acquainted 10 fome mea-
fare with common law, and knows the ma
ture Of that i5ifitution which is the palladium
of bis rights. am fenhble there may be a
few particular authorities sgainit nv opinion,
but am no: srgvi1g this cauie as phi
Uaie cOsnfeIlor, bur as an Englihman and a
freeman. II is incumbent on me to fbow,
and have endeayoured to lead my country
mea into this point, thar TIE GENIUS