The Whole Proceedings On the Trial of An Information Exhibited Ex Officio By the King's Attorney General Against John Stockdale, for a Libel On the House of Commons : Tried in the Court of King's-Bench Westminister, On Wednesday, the Ninth of December 178
The Whole Proceedings On the Trial of An Information Exhibited Ex Officio By the King's Attorney General Against John Stockdale, for a Libel On the House of Commons : Tried in the Court of King's-Bench Westminister, On Wednesday, the Ninth of December 178
Great Britain. Court of King's Bench
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The jury can never have a conftitutional right to do an afl: beneficial to the defendant, which when done deprives the profecutor of a right wliich the fame conftitution has veiled in hiiti. No right can belong id one perfon, the exercife of which in every inftance muft neceffarily work a wrong to another. If the profecutor of a libel has in every inftancfe the privilege to try the merits of his profecution before the judges, the jury can have no right in any inftance to preclude his appeal to ...them by a general verdid for the defendant. The jury therefore from this part of the charge muft neceffarily have felt themfelves abfolutely limited (I might fay even in their powers) to tjie fad of publication; becaufe the higheft te- ftraint upon good men is to convince them that they cannot break loofe from it without injuftice : and I 154 3 and the power of a good citizen is ncwr more effedually deftroyed than when he is made to believe that the exercife of it will be a breach of his duty to the public, and a ¥ioIation of the Iaw$ of his country- But fince equal juftice between the profecutor and the defendant is the pretence for this abridg- ment of jurifdiaion, let us examine a little how it is efFeded by it.
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