Lake against King
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
| Court | Court of the King's Bench |
English Reports Citation: 83 E.R. 387
COURT OF KING'S BENCH
See S. C. 1 Wms. Saund. 120, 131.
ILEV.m TRIN. 20 CAR. II. IN B. R. 387 [240] term. sanct. thin. anno 20 car. II. in banco regis. lake against king. [See S. C. 1 Wms. Saund. 120, 131.] Printing and delivering copies of a petition to the Parliament, is no libel, though it tends to scandal. S. C. 1 Sid. 414. 1 Saund. 131. 2 Keb. 361, 462, 496, 649, 664, 801, 832. 1 Mod. 58. Hard. 470. 1 Danv. 196. Case for printing a libel of him, and publishing and dispersing thereof to several persons, charging him with extortion in his office of vicar general to the Bishop of Lincoln ; and the defendant pleads, that the plaintiff extoraively took of A. B. and C. and of other persons, several sums of money ; whereupon he printed and preferred the petition to the Committee of Parliament for examination of grievances, and distributed printed copies thereof to several members of the committee, as he lawfully might, which is the same printing, &c. On which the plaintiff demurred, and took divers exceptions, viz. First, That he does not name all the persons of whom he took the money, but only of A. B. and C. and divers others : to which it was answered and resolved by Kelynge and Twysden only in Court, that the taking of the money is not made use of but only for inducing the justification of printing and publishing the petition, and so it need not mention all the persons of whom he took the money. Secondly, That the delivery of such a number of copies is an unnecessary publication of a scandal, and not justifiable: to which it was answered and resolved, that the delivery to several members of the committee who have the examination of such matters is justifiable, and is the common usage in such cases for information of the members of the committee. Thirdly, It was objected, that the quce est eadem (which is the same, &c.) was not good without a traverse that he [241] delivered it to any others ò to which it was answered and resolved, that the charge being general, to divers persons, and he justifying the delivery to the members of the committee, who are several persons, it is sufficient; but if the action had been for delivering of them to-divers persons by name, and he justified the delivery to any (of them) by name, he ought to have traversed the rest. Fourthly, It was objected, that ha could not justify the printing, for by that...
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Lake, Bar. v King, Ar
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...a number of copies for the use of the members, altho' the matter be false and scandalous.-S. C. Hardres, 470. S. C. 1 Sid. 414. S. C. 1 Lev. 240. S. C. 1 Saund. 131. S. C. 2 Keb. 361, 462, 496, 659, 664, 801, 832. S. C. 2 Vent. 28. S. C. 1 Danv. 196. Godb. 405. Yelv. 152. 4 Co. 14. Hob. 252......
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