London and the Kingdom - Volume 3: A History Derived Mainly from the Archives at Guildhall in the Custody of the Corporation of the City of London.Sharpe, Reginald R. (Reginald Robinson)
History
London and the Kingdom - Volume 3: A History Derived Mainly from the Archives at Guildhall in the Custody of the Corporation of the City of London.
Sharpe, Reginald R. (Reginald Robinson)
London (England) -- History
The committal of Oliver was only one of a series of blunders of
which Parliament had been guilty since the arrest of the printers.
The position of affairs was clearly defined in letters written by
Chatham at the time. "The state of the business seems to me clearly
this: the discharge of Miller, taken under the Speaker's warrant, I
think contrary to the established jurisdiction of the House, with
regard to printers of their proceedings and debates; but I hold also
as fully, that in a conflict of jurisdiction, the lord mayor and city
magistrates, acting under an oath of office and their charter, cannot
be proceeded against criminally by the House, without the highest
injustice and oppression." Again:--"the House becomes flagrantly unjust
and tyrannical, the moment it proceeds criminally against magistrates
standing for a jurisdiction they are bound to maintain, in a conflict
of respectable rights." He goes on to say that "nothing appears to me
more distinct, than declaring their right to jurisdiction, with regard
to printers of their proceedings and debates, and punishing their
member, and in him his constituents, for what he has done in discharge
of his oath and conscience as a magistrate."[290]
[Sidenote: The opinion of _Junius_.]
This view was also strenuously supported by _Junius_,[291] who was
emphatic that "as magistrates," Crosby and Oliver "had nothing to
regard but the obligation of their oaths, and the execution of the
laws. If they were convinced that the Speaker's warrant was not a legal
authority to the messenger, it necessarily followed that, when he was
charged upon oath with a breach of the peace, they _must_ hold him to
bail. They had no option."
[Sidenote: Crosby again attends the House, 27 March, 1771.]
Public-domain text, read in full here on John Shaqi.
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