Representative British Orations Volume 4 (of 4): With Introductions and Explanatory Notes — John Shaqi
Representative British Orations Volume 4 (of 4): With Introductions and Explanatory Notes
History
Representative British Orations Volume 4 (of 4): With Introductions and Explanatory Notes
Speeches, addresses, etc., English
Gentlemen, the Star-Chamber was particularly vigilant over the infant
struggles of the Press. A code of laws became necessary to govern the
new enemy to prejudice and oppression--the Press. The Star-Chamber
adopted, for this purpose, the civil law, as it is called--the law of
Rome--not the law at the periods of her liberty and her glory, but the
law which was promulgated when she fell into slavery and disgrace, and
recognized this principle, that the will of the prince was the rule of
the law. The civil law was adopted by the Star-Chamber as its guide in
proceedings against, and in punishing libellers; but, unfortunately,
only part of it was adopted, and that, of course, was the part
least favorable to freedom. So much of the civil law as assisted to
discover the concealed libeller, and to punish him when discovered, was
carefully selected; but the civil law allowed truth to be a defence,
and that part was carefully rejected.
The Star-Chamber was soon after abolished. It was suppressed by the
hatred and vengeance of an outraged people, and it has since, and
until our days, lived only in the recollection of abhorrence and
contempt. But we have fallen upon bad days and evil times; and in our
days we have seen a lawyer, long of the prostrate and degraded Bar
of England, presume to suggest an high eulogium on the Star-Chamber,
and regret its downfall; and he has done this in a book dedicated,
by permission, to Lord Ellenborough. This is, perhaps, an ominous
circumstance; and as Star-Chamber punishments have been revived--as two
years of imprisonment have become familiar--I know not how soon the
useless lumber of even well-selected juries may be abolished, and a new
Star-Chamber created.
From the Star-Chamber, gentlemen, the prevention and punishment of
libels descended to the courts of common law, and with the power they
seem to have inherited much of the spirit of that tribunal. Servility
at the bar, and profligacy on the bench, have not been wanting to aid
every construction unfavorable to freedom, and at length it is taken as
granted and as clear law that truth or falsehood are quite immaterial
circumstances, constituting no part of either guilt or innocence.
I would wish to examine this revolting doctrine, and, in doing so,
I am proud to tell you that it has no other foundation than in the
oft-repeated assertions of lawyers and judges. Its authority depends
on what are technically called the _dicta_ of the judges and writers,
and not upon solemn or regular adjudications on the point. One
servile lawyer has repeated this doctrine, from time to time, after
another--and one overbearing judge has re-echoed the assertion of a
time-serving predecessor; and the public have, at length, submitted.
Public-domain text, read in full here on John Shaqi.
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