he shall be liable to fine or imprisonment, or both, as the court shall award, such imprisonment not to exceed one year (w).

It is also necessary to observe, that besides defamatory libels, the term of libel legally includes such writings as are of a blasphemous, treasonable, seditious, or immoral kind; the publication of any of which is equally a misdemeanor (x), and subjects the person by whom it was composed, written, printed or published, to fine and imprisonment. And by 60 Geo. III. & 1 Geo. IV. c. 9, s. 16, it is enacted, that if a person charged with printing or publishing any blasphemous, seditious, or malicious libel, be brought up to give bail,-the court, judge, or justice of the peace, before whom he is so brought, may make it part of the condition of the recognizance that he shall be of good behaviour during the continuance of the recognizance. And by cap. 8, of the same session, it is also provided, as to libels of a blasphemous or seditious kind, that in every case in which any verdict or judgment by default shall be had against any person for composing, printing, or publishing the same,-the judge or court before whom such verdict shall have been given, may order the seizure and detaining of all copies thereof, which shall be in the possession of the person against whom such verdict was given; or in the possession of any other person, for his use. And upon proper evidence being given of such possession, it shall be lawful for any justice of the peace, constable, or other peace officer, acting under such order, to search for such copies in any house or other building or place belonging to the person who shall be named in such order: and to enter (in the day time), by force, if admission be refused or unreasonably delayed (y).

The offence of libel was treated at certain periods,

(w) 6 & 7 Vict. c. 96, s. 5.

(x) See 4 Bl. Com. p. 451, note by Christian.

(y) A second offence in publish.

ing a sediti us or blasphemous libel, was by this statute made punishable with banishment; but this was repealed by 11 Geo.4 & 1 Will. 4, c. 73.

under the Roman law, with more severity. [By the law of the Twelve Tables, libels, which affected the reputation of another, were made a capital offence; but before the reign of Augustus, the punishment became corporal only (z). Under the Emperor Valentinian it was again made capital not only to write but to publish, or even to omit to destroy them (a). But our law, in this and many other respects, corresponds rather with the middle age of Roman jurisprudence, when liberty, learning and humanity were in their full vigour;] and exhibits a moderation sufficient to protect it from any imputation of infringing the liberty of the press. This liberty, when rightly understood, [consists in laying no previous restraints upon publications; and not in freedom from censure for criminal matter, when published. Every freeman has an undoubted right to lay what sentiments he pleases before the public; to forbid this is to destroy the freedom of the press; but if he publishes what is improper, mischievous or illegal, he must take the consequence of his own temerity. To subject the press to the restrictive power of a licenser, as was formerly done, both before and since the Revolution (b), is to subject all freedom of senti

(z) " Quinetiam lex Pœnaque lata, malo quæ nollet carmine quenquam Describi :-vertere modum formidine fustis."-Hor. ad Aug. 152.

(a) Cod. 9, 36.

(b) The art of printing, soon after its introduction, was looked upon, as well in England as in other countries, as merely a matter of state, and subject to the coercion of the Crown. It was therefore regulated with us by the king's proclamations, prohibitions, charters of privilege. and of licence, and, finally, by the decrees of the Court of Star Chamber, which limited the number of printers, and of presses which each should em

ploy, and prohibited new publications unless previously approved by proper licensers. On the demolition of this odious jurisdiction in 1641, the long parliament of Charles the first, after their rupture with that prince, assumed the same powers as the Star Chamber exercised with respect to licensing of books; and in 1643, 1647, 1649 and 1652, issued their ordinances for that purpose, founded principally on the Star Chamber decree of 1637. (See Scobell, i. 44, 134; ii. 88, 230.) In 1662 was passed the statute 13 & 14 Car. 2, c. 33, which, with some few alterations, was copied from the parliamentary ordinances. This Act

[ment to the prejudices of one man, and make him the arbitrary and infallible judge of all controverted points in learning, religion, and government. But to punish, as the law does at present, any dangerous or offensive writings, which, when published, shall, on a fair and impartial trial, be adjudged of a pernicious tendency, is necessary for the preservation of peace and good order, of government and religion, the only solid foundations of civil liberty.]

expired in 1679, but was revived by statute 1 Jac. 2, c. 17, and continued till 1692. It was then continued for two years longer by statute 4 W. & M. c. 24; but though frequent attempts were made by government to revive it in the subsequent part of that reign (Com. Journ. 11 February, 1694, 26 No

vember, 1695, 22 October, 1696, 9 February, 1697, 31 January, 1698), yet the parliament resisted it so strongly that it finally expired, and the press became properly free in 1694, and has ever since so continued. See also on this subject, sup. vol. 111. p. 297.

CHAPTER XI.

OF OFFENCES AGAINST PUBLIC TRADE.

[OFFENCES against public trade, like those of the preceding classes, are either felonious or not felonious.] We shall notice

I. That of smuggling, or the offence of importing or exporting goods prohibited, or without paying the duties imposed on goods not prohibited (a). This is restrained by the statutes relating to the customs. And, in particular, by the 16 & 17 Vict. c. 107 (called the Customs Consolidation Act, 1853,) it is, among other things, provided (by sect. 209), that if any goods liable to the payment of duties, shall be unshipped from any ship or boat in the united kingdom (customs or other duties not being first paid or secured): or if any prohibited goods be imported into any part of the united kingdom: or if any goods which have been warehoused in the united kingdom, shall be clandestinely or illegally removed: or if any goods prohibited to be exported shall be put on board for exportation, or with that object brought to any place in the united kingdom; or shall be found in any package produced to an officer of customs as containing goods not so prohibited: or if any goods subject to any duty or restriction in respect of importation, or prohibited to be imported, shall be found concealed on board ship within any port of the united kingdom,-then and in every of the

(a) According to Blackstone (vol. iv. p. 155), " smuggling" is the offence of importing goods with

out paying the duties imposed by the laws of customs or excise; but this is too narrow a definition.

foregoing cases, all such goods shall be forfeited, together with any goods packed with or used in concealing them. By sect. 232 of the same Act, it is further enacted, that every person concerned in importing or bringing into the united kingdom any uncustomed or prohibited goods, or in concealing the same, or in any manner dealing with goods liable to duties of customs with intent to defraud her Majesty of the duties, shall, in each and every of the foregoing cases, forfeit either treble the value of the goods, or the penalty of 100%., at the election of the commissioners of customs. By sect. 235, every person found on board a ship liable to forfeiture under any Act relating to the customs, under the circumstances mentioned in 16 & 17 Vict. c. 107, may, on conviction before a justice, be imprisoned, with hard labour, for the first offence for not less than six months, or more than twelve; for a second, not less than nine, or more than twelve months; and for any subsequent offence, for twelve months. By sect. 248, if any three or more persons, armed with offensive weapons, shall, within the united kingdom or the limits of any port, harbour or creek thereof, be assembled in order to be aiding, or shall aid, in the illegal landing, running or carrying away of prohibited goods, or goods liable to duties not paid or secured; or in rescuing such goods after seizure; or in rescuing any person apprehended for any offence made felony by any Act relating to the customs; or in preventing the apprehension of any person guilty of such felony, -every person so offending, and every person assisting or abetting therein, shall be guilty of felony and he may be sentenced to penal servitude for life, or not less than fifteen years, or to be imprisoned for not exceeding three years (b). By sect. 249, any person who shall maliciously shoot at any vessel or boat belonging to the navy or in the service of the revenue, within one hundred leagues of the coast of the united kingdom;

(b) 16 & 17 Vict. c. 107, s. 248; 20 & 21 Vict. c. 3.