A Complete Collection of State Trials and Proceedings for High Treason and Other Crimes and Misdemeanors from the Earliest Period to the Year 1783; With Notes and Other Illustrations Volume 17 - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1816 edition. Excerpt: ...which says that the Declaration being founded upon such a pretended power, is illegal." So that the judge put the whole upon that single point, whether it be true that the king had such a dispensing power, or not; which is a question of law, and not of fact; and accordin ly the judge appeals to his own reading in fire law, not to witnesses or other testimony, for a decision ofit. In truth, the Petition of the Bishops is not capable of having falshood or truth applied to it in any other sense, there being nothing else aflirmed or denied in it, butthat they thought they could not do what was commanded them, because it was against the law. This was the behaviour", these were the sentiments oftliat nprightjndge, that gained him so much honour among all good men, as the barrister takes notice; not any opinion of his, that the contents of a libel must be false in fact, to make it a libel; as he would unfairly insinuate. Sir Samuel Barnardiston's case is the third that is touched upon; and here too the gentleman finds nothing that can be strained to his 4 purpose, but the defendant's counsel insisting on the want of proof to the malice and seditious intent of the author. He seems to have tbrgot that the same gentleman insisted also to have it roved, that the defendant was a person ofa turbulent and unquiet spirit, because thwe words were set forth in the information; and he takes no manner of notice how all this was answered, which I must now do tor him, in the words of the Court: " Certainly the law supplies the proot, if the thing itself speaks malice and sedition. As it is in murder; we say always in the indictment, he did it by the instigation of the devil: can the jur, tfthey find the fact, find he did it not by...
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