A Law Dictionary for the Use of Students And the Legal Profession

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This state of the law of hbel was rendered all the worse by reason of the then doctrine of the Common Law, that the jury could only find the particu- lar fact of pubhcation, and not a general verdict of Ubel or no Ubel, that matter being left to the judges, who (as being the servants of the Crown) were naturally suspected of being disposed toward the Crown. And although in the Case of the Seven BisJiops (1687), the jury brought in a general verdict of no libel, yet that precedent was insufficie...nt of itself to change the law, more especially as it was given in bad times. It was left to Mr.
Erskine, in the Case of the Dean of St.
Asa/ph (1778), to advocate the right of the jury in actions of Ubel to find a general verdict, and to Mr. Pox, in his Libel Act, 1793, to confer that right upon the jury.
By a later Act (6 & 7 Vict. c. 96), it was for the first time rendered competent to a defendant to plead in defense or justifi- cation the truth of the matters published, and that the same were so pubUshed for the public good.


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