History of the Peninsular War, Volume 5 (of 6)Southey, Robert
History
History of the Peninsular War, Volume 5 (of 6)
Southey, Robert
Peninsular War, 1807-1814
have been sold; but their sentence was not definitive. The author or
printer might demand a copy of the censure, and lay it before the
supreme board: the supreme board might require them to revise their
sentence; but their second opinion was to be final. If the book were
suppressed, as a private libel, the individual aggrieved had still his
remedy at law against the libeller. Some appeal was allowed against
the decision of the ordinary. He was not to refuse his license without
assigning the ground of refusal, and hearing what the author, editor,
or printer could allege in behalf of the work. If he then persisted in
his refusal, the person interested might lay his censure before the
supreme board, and refer the book to their judgment; if they found it
worthy of approbation, their opinion was to be communicated to the
ordinary, that he, being better informed upon the matter, might grant
the license if he thought good, in order to prevent any farther appeal;
but what that was to be was not stated. This was not the only point
which, by a sort of compromise, was left doubtful in the decree. The
article which empowered the supreme board to reverse the sentence
of the provincial ones, declared, as it was originally worded, that
upon their approbation the book should freely circulate, and that no
tribunal should impede it. Some members upon this required that a
proviso should be inserted, declaring this was not intended to intrench
upon the authority of the Inquisition. To avoid such a recognition of
that baleful power, Luxan proposed that the latter part of the sentence
should be omitted, and this was carried by a majority of two votes. It
was a victory for the liberal party to leave the question undecided. As
soon as the discussion was concluded, a deputy moved that special and
honourable mention of the Inquisition should be made in the decree; but
the president prevented any debates upon this inflammatory subject by
replying, that it might be taken into consideration at some future time.
Public-domain text, read in full here on John Shaqi.
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