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action for slander action lies alleged appear applied arrest of judgment averment brought calumny character circumstances cited civil common law communication consequence considered court crime criminal declaration defamation defendant defendant's distinction doubt Eliz evidence fact false felony fendant ground guilty held Holt imputation indictment injury innuendo instances intention judge judicial jury justice King laid law of England libel Lord Ellenborough Lord Mansfield maintainable malice matter means ment merely mischief moral murder natural justice nature necessary nuendo observed occasion offence opinion particular party penal perjury person plea pleaded principle probable cause proceeding prosecution prove published punishment question racter reason remedy respect Roman law rule Salk scandal scandalum magnatum seems shew slan society special damage statute sufficient thief Thou tion trial truth Twelve Tables verdict Wadham College wife Wils words spoken words were spoken written
Page clvi - And this is another strong argument in law, nihil quod est contra rationem est licitum ; for reason is the life of the law, nay, the common law itself is nothing else but reason, whirl is to be understood of an artificial perfection of reason, gotten by long study, observation, and experience, and not of every man's natural reason, for nemo nascitur artifex.
Page v - They also that sought after my life laid snares for me ; and they that went about to do me evil talked of wickedness, and imagined deceit all the day long.
Page 310 - Pigott, for a rule to show cause why there should not be a new...
Page 216 - Malice in common acceptation means ill will against a person, but in its legal sense it means a wrongful act, done intentionally, without just cause or excuse.
Page clvi - ... reason is the life of the law, nay the common law itself is nothing else but reason; which is to be understood of an artificial perfection of reason, gotten by long study, observation, and experience, and not of every man's natural reason ; for, Nemo nascitur artifex.
Page 254 - Though the publication of such proceedings may be to the disadvantage of the particular individual concerned, yet it is of vast importance to the public that the proceedings of Courts of Justice should be universally known. The general advantage to the country in having these proceedings made public, more than counterbalances the inconveniences to the private persons whose conduct may be the subject of such proceedings.
Page xcix - Dedimus profecto grande patientiae documentum : et sicut vetus aetas vidit, quid ultimum in libertate esset ; ita nos, quid in servitute, adempto per inquisitiones et loquendi audiendique commercio. Memoriam quoque ipsam cum voce perdidissemus, si tarn in nostra potestate esset oblivisci, quam tacere.
Page 301 - Liberty of criticism must be allowed, or we should have neither purity of taste nor of morals. Fair discussion is essentially necessary to the truth of history and the advancement of science. That publication, therefore, I shall never consider as a libel which has for its object, not to injure the reputation of any individual, but to correct misrepresentations of fact, to refute sophistical reasoning, to expose a vicious taste in literature, or to censure what is hostile to morality.