The Star Chamber and the Law of Defamation

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While the common-law courts took control of the action on the case slander the Royal Court of Star chamber established in 1487 apply the criminal law to seditious publications. During the period of the stewards in the 17th century the mere composition or possession of defamatory writing without publication or even intention to publish became a criminal offence. The gist of the crime was the insult made or intended. By this time the licensing of printing presses became ineffective and presses were often used to circulate anonymous Is critical of rural properties or the king. It was a function of the Star chamber to protect the King and maintain peace and order which it did by prosecuting those with dissenting views.

The Star chamber ordered the punishment by death or torture of those found guilty of circulating material that was seditious libel is the king of the government. East End is jurisdiction to non-political libels and awarded damages the principles different to the common-law action on the case. In 1605 the Star chamber established that the rules for criminal libel would be cast in terms in which the late Archbishop of Canterbury and the then Bishop of London would be defamed by an anonymous infamous libel in a verse which said that every libel is made either against a private man or against a magistrate or public person. If it be against a private man it deserves is the punishment for although the libel be made against one, yet insightful those of the same family kindred of society to revenge and so tends to have the consequence of quarrels and breach and maybe because the shedding of blood and great inconvenience. If it be against a magistrate rather public person is a greater offence through concerns not only the breach of the peace but also the scandal of government for greater scandal government can there be than to have corrupt a wicked magistrates to be appointed and constituted by the King to govern the subjects under him.

This case is seen as the first authoritative formulation of English law libel as distinct from slander which by publication in written form was a criminal offence in itself. The Star chamber was known to the ferocity of the punishment imposed. The classic example was a case involving a man called John preen who was prosecuted to seditious libel against the king queen and state of publishing a book. Preen was a barrister of Lincolns Inn and he was a puritan. His book criticised the morality and frivolity of stage plays comedies and dancing as well is hunting public festivals Christmas bonfires and maypoles. He was found guilty with a declaration that he is issues in making the church and sedition seller in the Commonwealth, he is a wolf in sheep's clothing and he is fit to live in the dens of such beasts of prey as Wolves and Tigers. In addition, all copies of the book were ordered to be burnt prefect going to Wiseman's hands and good men's hands that were no fear that if among the common sort and into which men's hands and tenderness of conscience will work something. Preen was also fined 10,000 and stripped of his degrees by the University of Oxford and expelled from his barristers chambers.
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