thought a great advantag cafes, the fubject fhould b any undue influence in the by the interpofition of a fubject would be wholly protection, in trials for libe only to inquire into the fa which is feldom doubtful. prove, and entirely to leav the publication to the deter they are at present invefted with a power of difcretionary punishment. This is, perhaps, too much; but furely, in a free country, the fame men ought not to be invested: with the fole power of determining what may, or may not, be innocently written or publifhed, and also with a power of discretionary punishment...! JURIES, in all criminal prosecutions, have an undoubted right to try the whole matter in issue before them; and nothing can be more absurd, than to suppose that juries, in trials for libels, are to find a fellow-citizen guilty of a crime, though they have no conviction of his having done any thing criminal; for if they find nothing but the mere facts of writing, printing, or publifhing, they find nothing that neceffarily involves in it the least degree of criminality. It is obferved by an ingenious and able writer upon this fubject, that a criminal profe ions, whole thing e that a fel they e any ng but r pub farily nality. d able iminal profe court; and that theref of neceffity, be fubmitt their opinion and deter ⚫cifive argument to the be drawn from the cor yers themselves in this it is agreed, on all hand for the crown-pleader to fome paffages of the pay it to be a falfe or malic this would never be d pleaders, fubmitted to general, or endured by ! was not effential to th hofe bufinefs it will be to into the matter, hear xamined, and what the on both fides, and form à the whole, which, after it will not be difficult ommon understanding to he contents of the paper , or malicious, is a fact from circumstances, as ra trefpafs be wilful or g of a man with malice Whether any act was poken, in fuch or fuch a perfon, quence perty'. all crimi with fac •ftruction the whol · nerally g SERJEAN in all acti or fpecial Letter co papers, &c. Another le VOL. II tó ear thè nà fter cult g.to aper fact 5, as ul or alice was ch a ner, • perfon, liberty, or life, quence than what mere 'perty '.' The fame w • all criminal matters, wh with fact, juries, after • ftruction of the judge, ⚫ the whole, by finding ⚫nerally guilty or not gu SERJEANT Salkeld says, • in all actions, the jury m or fpecial verdict, as w * Letter concerning libels, wa papers, &c. p. 1o, 11. 4th edit. Another letter to Mr. Almon i |