Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
[13] This libel action was based upon the posting by the defendant
of two large boards (on his premises at the corner of Oxford Street
and Holles Street) bearing respectively the words, “16 and 17, Holles
Street, Lord Howard de Walden’s Monument of Iniquity,” and, “In
the Holles Street Drama, the young Baron is discovered behind the
curtain, pulling the wires for the imprisonment of his old tenant.”
The defendant admitted that he had nothing against the plaintiff
personally; he said that he wished to draw attention to his grievance
against the managers of the Howard de Walden Estate. In the result,
judgment was entered for the plaintiff.
[14] Dr. W. Blake Odgers, K.C., is the author of the standard work on
libel and slander.
[15] An insult to counsel may be punished as a contempt.
[16] See Appendix C.
[17] It may be noted that five of the signatories of the Declaration
of Independence were Middle Temple barristers: Thomas McKean,
Edward Rutledge, Thomas Lynch, Thomas Heyward and Arthur Midleton.
With the exception of the first-named, all of these gentlemen were
Representatives of South Carolina. Thomas McKean, by the way, wrote
the Constitution of Delaware in a night, while Edward Rutledge drafted
the greater part of the Constitution of South Carolina. The latter was
chairman of the Committee of Five who drafted the first Constitution of
the United States.
[18] “Edward Frederic Mylius is fortunate, living as he does in times
when justice is tempered by extreme leniency. In former times the Kings
of England had no lack of power in dealing with those who slandered
Royalty. To cite only one instance, King Henry the First had been
lampooned by a former friend, Luke de Barre, a troubadour knight. The
unfortunate man was condemned to lose his eyes on the scaffold by the
hands of the public executioner.
“Many intercessions were made in his favour, but the King
replied:--‘No, for this man, being a wit, a bard, and a minstrel
forsooth, hath composed many ribald songs against me and sung them
to raise the horse-laugh of mine enemies. Now it hath pleased God to
deliver him into my hands, punished he shall be to deter others from
the like petulance.’ It is not quite clear whether the sentence was
carried out as arranged. Some chroniclers assert that De Barre’s eyes
were in fact put out, and that he died of the torture, while others say
that he cheated the executioner by dashing out his brains against the
stone wall of his prison. In either case the incident shows that to
libel Royalty in the twelfth century was a perilous venture.”
Public-domain text, read in full here on John Shaqi.
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