Constitutional History of England, Henry VII to George II. Volume 3 of 3 — John Shaqi
Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
_Political writings checked by the judges._--Though a previous licence
ceased to be necessary, it was held by all the judges, having met for
this purpose (if we believe Chief Justice Scroggs) by the king's
command, that all books scandalous to the government or to private
persons may be seized, and the authors or those exposing them
punished: and that all writers of false news, though not scandalous or
seditious, are indictable on that account.[5] But in a subsequent
trial he informs the jury that, "when by the king's command we were to
give in our opinion what was to be done in point of regulation of the
press, we did all subscribe that to print or publish any news, books,
or pamphlets of news whatsoever is illegal; that it is a manifest
intent to the breach of the peace, and they may be proceeded against
by law as an illegal thing.[6] Suppose now that this thing is not
scandalous, what then? If there had been no reflection in this book at
all, yet it is _illicite_; and the author ought to be convicted for
it. And that is for a public notice to all people, and especially
printers and booksellers, that they ought to print no book or pamphlet
of news whatsoever without authority." The pretended libel in this
case was a periodical pamphlet, entitled the _Weekly Pacquet of Advice
from Rome_; being rather a virulent attack on popery, than serving the
purpose of a newspaper. These extraordinary propositions were so far
from being loosely advanced, that the court of king's bench proceeded
to make an order, that the book should no longer be printed or
published by any person whatsoever.[7] Such an order was evidently
beyond the competence of that court, were even the prerogative of the
king in council as high as its warmest advocates could strain it. It
formed accordingly one article of the impeachment voted against
Scroggs in the next session.[8] Another was for issuing general
warrants (that is, warrants wherein no names are mentioned) to seize
seditious libels and apprehend their authors.[9] But this impeachment
having fallen to the ground, no check was put to general warrants, at
least from the secretary of state, till the famous judgment of the
court of common pleas in 1764.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account