200l. with two fufficient Sureties in 100. (a) each. Eafter Term 2 Geo. 3. 1762. K. B. MSS. The King v. John Wilkie. The Defendant being brought into Court in Cuftody of the Marshal by Rule, and being convicted of printing and publishing a scandalous Libel on one Mr. Kent; and the Defendant faid Defendant having, with the Leave and by the Recomwith Leave mendation of this Court, paid to the Prosecutor the Sum paid Profe of 551. for his Cofts and Damages, and the faid Profecucutor 551. tor now here in Court, having declared his entire Satis faction, It is ordered by this Court, in Confideration of fuch Satisfaction having been made, that he the said Deand was fi- fendant pay a Fine of only 6s. 8d. which was accordingly paid in Court. Hilary Term 3 Geo. 3. K. B. MSS. The King v. Robert Browne. ned. Blafphemy ment in Peter Annet, convicted of Blafphemy, in writing against punithed by the Authority of the Sacred Writings, was fentenced by Imprifonment, Pillo- the Court of King's Bench, to fuffer one Month's Impriry, Confine- fonment in Newgate; to ftand twice in the Pillory (b), Bridewell to once at Charing-Crofs, and once at the Royal Exchange; and then to be confined in (c) Bridewell to hard Labour bour, and for one (d) Year; and to find (e) Security for his good Security for good Beha- Behaviour during the Remainder of his Life. Michaelmas Term 3 Geo. 3. 1763. K. B. 2 Burn's Ecclef. Law. 781.` Life. The King v. Annet. hard La viour for Composer of The Defendant having been convicted of compofing a defamatory Libel on Lord Orwell, was this Term brought Ld, Orwell, into Court in Cuftody of the Marthal, and received fined, the following Judgment, viz. to pay a Fine of 100l. imprisoned, to be imprifoned in the King's Bench for the Space of three Months, and at the Expiration of the faid three Security for good Beha- Months to give Security for his good Behaviour for the viour. (a) Mr. Juftice Wilmot pronounced the Sentence of the Court. The Reafon this Defendant's Punishment was fo much more than the laft, was because the Libel appeared in the London Chronicle originally, whereas Mr. Say only inadvertently copied it from that Paper into the Gazetteer. (b) The Rule adds; " with a Paper affixed over his Head with these Words,' "" FOR BLASPHEMY. (c) The Rule fays; the Houfe of Correction in Clerkenwell." (d) The Rule adds; " and at the Expiration of the Year, to be re manded to Newgate, in Execution of the laid Judgment." (e) The Rule adds; "himfelf in 100l. and two fufficient Sureties in gol. each; and to be fined 6s. 8d." N. B. The Defendant was imprifoned, pilloried, and paid his Fine, and gave Security according to the Directions of the above Rule, and was discharged out of Custody. Space Execution of Space of feven Years, himself in 1000l. with two fuffici- remanded in ent Sureties in 500l. each, and to be remanded in Execu- Judgment. tion of the Judgment. Hilary Term 4. Geo. 3. 1764. K. B. MSS. The King v. Philip Thickneffe, Efq. "The North fet in the curity for his good Be Conviction The The Defendant was fentenced for publishing "The North Publisher of Briton, Number XLV." to pay 100l. Fine, to be fet in Briton, No. and upon the Pillory; to be imprifoned for the Space of 45." fined, fix Months; to give Security for his good Behaviour for Pillory, im feven Years, himself in 500l. with two Sureties in 2501. pifoned, and each. Hilary Term 5 Geo. 3. 1765. K. B. MSS. The to give SeKing v. John Williams. The Defendant having been convicted of publishing haviour. "The North Briton, Number XLV." was the first Day for publish of this Term brought up in order to receive the Sentence ing of the Court, when Lord Chief Justice Mansfield admit- North Brited that the Secretary of State's Promife to the Defendant, ton, No.45." "that if he would give up the (a) Author, he should not Mansfield be profecuted," was greatly in his Favour, and his Lordship admitted recommended the Attorney (b) General, through the Seto profecute cretaries of State, to lay the Defendant's Cafe before His on giving up Majefty, which the Attorney (the next Day) informing Author, in the Court he had done, and that it was his Majefty's Favour, Pleasure that the Defendant fhould be immediately dif- his Cafe laid charged, he was difcharged accordingly. Hilary Term before the 5 Geo. 3. 1765. K. B. MSS. The King v. George Kearftey ordered DeThe Defendant having been convicted of printing and fendant to publishing an infamous and feditious Libel, intituled, "The be difcharg North Britain, Number XLV." in Volumes, was this Defendant Term outlawed. Michaelmas Term 5 Geo. 3. 1764. K. B. discharged. MSS. The King v. John Wilkes, Efq; Promise not Defendant's King, who ed. Author of "North 28. (a) See Chap. 11. fol. 23. in Notes; and Doctor Middleton's Cafe, chap. (b) Sir Fletcher Norton. Whitw. Lift. 167. Britain" outlawed. 150 Pillory falfi. ed could be now reduced Punishment TH CHA P. XXVII. Confequence of Punishment. HE common Punishment that makes the crimen falfs, is being fet on the Pillory, and therefore anciently Anciently no they held the Law to be, that no Man legally fet on the Man pilori- Pillory, could be a Witnefs, for they thought it a ridicu a Witnefs. lous Thing, and boding ill to a Caufe, when a Perfon thus The Rigour ftigmatized appeared in Court to atteft any Thing. Co. of the Law Lit. 66. 3 Inft. 219. But the Rigour of this Piece of Law, to Reaton. (according to the late Lord Chief Baron Gilbert, and one of the prefent Judges) is reduced to Reafon; for now it is The Crime held, that unless a Man be put in the Fillory pro crimine falfs, And not the as for Perjury, Forgery, or the like, it is no Blemish to his makes a Atteftation; it is the Crime and not the Punishment that Man infa- makes a Man infamous; for a Man may be pilloried for fpeaking loose and fcandalous Words of the Government, Libel or fe which yet, in doubtful and factious Times, ought not to be taken as a Prefumption against his common Credibility. If a Judge fhould fentence a Man to ftand in the Pillory for Party infa a Libel or feditious Words, and he fhould fo ftand, yet this would not make him infamous to fuch a Degree as never after to be admitted a Witnefs, for the Crime is rather exorbitant in Point of Rafhnefs and Misbehaviour, than of Guilt. Gilb. Evid. 145. Theo. Evid. 107. Fortefc. Rep. 209. 5 Mod. 15, 74. 3 Lev: 426. Tri. per Pais. 345. 12 Vin. Abr. 28. pl. 9. Skin. 578, 579. mous.! ditious a Words does not make mous. Commit ment for a CHA P. XXVIII. Attachments of Contempt. NE may be committed for a Contempt done to a Court of Justice, but the Matter of the Contempt Contempt. muit be certain, and not doubtful; for elfe the Party may perchance be wrongfully committed, which the Court will be cautious not to do. Lil. Abr. 427. Oath dif If one brought in in Contempt, denies all upon Oath, Denial upon he is of Course difcharged of the Contempt; but if he has charged of forfworn himself, he may be profecuted for Perjury. 12 Contempt. Mod. 348. 511. comb. 63. for an At being dif charged. Upon a Motion for an Attachment against the Defen- Publisher difcovering dant for publishing a Libel on the Court of King's Bench, the Author, and a Rule made upon him to fhew caufe why it fhould no Caufe for not be granted, it was moved to discharge that Rule upon Rule Nifi an Affidavit, that his Fault was not wilful, but merely tachment of through Ignorance; that he had the Libel from one C. a Contempt Printer in C. that it was in Latin, which he did not understand, and that he did not know who was the Author, otherwife than by a Letter he received from the Printer, and which was now annexed to his Affidavit; by which Letter it appeared, that one Doctor Middleton was the Author; fo that having fhewed how he came by this Letter, and having told all that he knew of the Author, for that Reason it was infifted in his Behalf, that the Rule should be discharged, and that the Printer should be profecuted; but the Rule was continued on the Defendant, until he made out his Allegation against the Printer, who was therefore joined in the Rule, that both of them might be before the Court. In the next Term Doctor Middleton appeared, and (a) confeffed in Court that he was the Author of the Book; and thereupon the Rule was dif charged against the Defendant and the Printer. Eafter Term 9 Geo. 1724. 8 Mod. 123. 15 Nin. Abr. 90. pl. 3. The King v. Wiatt. of Contempt bel against a Doctor of Motion for an Attachment against the Defendant for Attachment writing a Libel against a Doctor of Divinity in the Univer- granting for fity of Cambridge; the Libel was contained in his Preface writing aLito a Latin Book about the Library of the University, dedicated to Dr. Snape, then Vice-Chanceller; he came into Divinity at Court voluntarily, and confeffed that he was the Author, Cambridge. and it was fo recorded. Trinity Term 9 Geo. 1724. K. B. Fortefc. Rep. 201. The King v. Doctor Middleton. On Rule to fhew Caufe, why an Attachment should not How far the be granted against one Elizabeth Mayer and one Dowling, Court will for publishing a Libel upon the Proceedings of the Court tachment grant anAt for publishing Reflecti (a) My Lord Fortefcue fays, this was an honourable Action in Doctor ons on its Middleton; for the first Motion was made against the Bookfeller for publish- Proceedings. ing the Book as above, but he was excuted on his getting the Doctor to confels that he was the Author. Fortefc. Rep. 201. K 2 in in a late Trial of Lady Lawley, Mr. Marb faid, that he was Counsel only for Mrs. Mayer, but he hoped, the Rule fhould not be made abfolute against her. He said Mrs. Mayer's Husband kept a Pamphlet Shop, and one Day in his Abfence Mr. Vaughan came and asked her, whether fhe had Lady Lawley's Trial; the Women did not know it was in the Shop; but upon looking into a Drawer of Papers the found it. He said, that he had an Affidavit to produce, that the knew nothing of the Contents. Mr. Vaughan would willingly have bought it of her; the refufed to fell it to him; but told him he might read it, which he accordingly did. The Court faid, that it was beyond all Question, that Attachments have been granted in these Cafes; and particularly mentioned Dr. Middleton's Cafe, where it was fo done. The Chief Juftice faid likewife, that he thought it was not thought it was not material made abio whether Mrs. Mayer knew of the Purport of this Writing Jute without or not. However the Court in general agreed to discharge Affidavit of the Rule as to her; because there did not appear to be any Publication by her. They said likewife, that they markable could not make the Rule abfolute as to Dowling; because Contempt of the Court of there was no Affidavit of Service. Michaelmas Term 5 Common Geo. 2. 1732. 2 Barnard. K. B. 43. Anon. Rule Nifi cannot be Service. The re Perfon of Lieutenant against Sir Sentence of 2 Court Pleas, in the When a moft worthy and upright Judge, who has althe late Ld. ways fhewn the most facred regard to the Laws of his Chief Juftice Country, has been grossly and publicly reflected upon, it Willes. becomes a national Affair: And, though the Recantation Frye reco- and Submiffion, befides being recorded in the Remembrance vered 1000l. Office, has been published in the London Gazette, the PubDamages lic have a right to know (what is there omitted) how very Chaloner flight the Occafion was; it was thus: Lieutenant Frye, in Ogle, for the February 1745-6, recovered 1000l. Damages against Sir Chaloner Ogle for the Sentence pafs'd against him by a Martial, in Court Martial, in the Weft-Indies, whereof Sir Chaloner was Prefident, and was at Liberty to bring his Action Writ fued against every Member of the faid Court. Accordingly he. out of Gom- took out a Writ from the Court of Common Pleas, and mon Pleas. Rear-Admiral Mayne, Prefident of the Court Martial, the Court which fat daily at Deptford, was arrefted May the 15th Martial ar- coming from the Court, on which the Court Martial, the refted. next Day, came to the following hafty Refolutions. 1. That it appears the highest Indignity offered to the nity to every Court, and through this Court to every other Court of the EaftIndies Prefident of ift. Refolu tion. Indig Court of Ju dicature in the King dom. Judicature, |