e of this report,
on the ground that the allegation therein contained about the work was
a libel. The defendants pleaded two picas: first, "Not guilty;" and,
secondly, "That the words complained of in the declaration were true."
The jury gave a verdict for the defendants on the second plea; and in
his charge to the jury, Lord Denman said that the fact of the house
of commons having directed Messrs. Hansard to publish all their
parliamentary reports, is no justification for them, or for any
bookseller, who publishes a parliamentary report containing a libel
against any man. On the 6th of February, 1837, Messrs. Hansard
communicated to the house of commons that legal proceedings had been
instituted against them by Stockdale, for the publication of the report,
in which he conceived himself to have been libelled. A select committee
was then appointed by the house to examine precedents, and report upon
the question of its privileges in regard to the publication of reports
and other matters. This committee decided in favour of the privilege,
which would protect any publication ordered by the house from being made
the subject of an action for libel; and the house of commons, on the
30th of May, 1837, passed the following resolutions:--"First, that the
power of publishing such of its reports, votes, and proceedings as
it shall deem necessary, or conducive to the public interest, is an
essential incident to the constitutional freedom of parliament, more
especially of this house, as the representative portion of it.--Second,
that by the law and privileges of parliament, this house has the sole
and exclusive jurisdiction to determine upon the existence and extent of
its privileges; and that the institution or prosecution of any action,
suit, or other proceedings, for the purpose of bringing them into
discussion or decision before any court or tribunal elsewhere than a
parliament, is a high breach of such privilege, and renders all
parties concerned therein amenable to its just displeasure, and to
the punishment consequent thereon." The action, however, went on;
and Messrs. Hansard pleaded to the declaration to the effect that the
publication in question was a privileged one, on the ground that it was
issued by the authority of the house of commons. This plea was demurred
to as insufficient in point of law; and judgment was given by the court
against the defendants, and damages afterwards assessed, which were paid
over to the plaint