"Case and Tryal of John Peter Zenger"

s there was but one printer in the Province of New York, that printed a public News Paper, I was in Hopes, if I undertook to publish another, I might make it worth my while; and I soon found my hopes were not groundless: my first paper was printed November 5,1733 and I continued printing and publishing of them, I thought to the Satisfaction of every Body till the January following; when the Chief Justice was pleased to animadvert upon the Doctrine of Libels, in a long Charge given that Term to the Grand Jury, and afterwards on the third Tuesday of October, 1734 was again pleased to charge the Grand Jury in the following words:
     Gentlemen, I shall conclude with reading a paragraph or two out of the same Book, concerning Libels; they are arrived to that Height that they call loudly for your Animadversion; it is high Time to put a Stop to them; for at the rate Things are now carried on, when all Order and Government is endeavored to be tramped on; reflections are cast upon Persons of all Degrees, must not these Things end in Sedition, if not timely prevented? Lenity, you have seen, will not avail, it becomes you then to enquire after the Offenders, that we may in a due Course of Law, be enabled to punish them. If you, Gentlemen, do not interpose; consider whether the ill Consequences that may arise from any Disturbances of the public Peace may not in part lye at your Door?

     Hawkins, in his Chapter of Libels considers three points. 1st. What shall be said to be a Liable. 2nd. Who are lyable to be punished for it. 3rd. In what Manner they are to be punished. Under the first he says, section 7, nor can their being any Doubt, but that a Writing which defames a private Person only, is as much a Liable as that which defames Persons intrusted in a public Capacity, in as much as it manifestly tends to create ill Blood, and to cause a disturbance of the public Peace; however, it is certain, that it is a very high Aggravation of a Liable, that it tends to scandalize the Government, by reflecting on those who are entrusted with the administration of public Affairs, which does not only endanger the public Peace, as all other Libels do, buy stirring up the Parties immediately concerned in it, to Acts of Revenge, but also has a direct Tendency to breed in the People a Dislike of their Government, and incline them in Faction and Sedition. As to the second Point he says, section 10, it is certain not only be who composes or procures another to compose it, but also that he who publishes or procures another to publish it, are in Danger of being punished for it; and is said not to be material whether he who disperses a Liable, knew any Thing of the Contents or Effects.
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