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Scottish Court of Session Decisions >>
M'Ewan v Magistrates of Edinburgh. [1733] Mor 3434 (3 July 1733)
URL: http://www.bailii.org/scot/cases/ScotCS/1733/Mor0803434-006.html Cite as:
[1733] Mor 3434
The editor of a news-paper fined for expressions injurious to magistrates, relative to their conduct in suppressing a riot.
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The author of the Edinbugh Evening Courant, in publishing the news of a mob that happened at the West Kirk, about settling a minister in that parish, though they kept within the bounds of truth, yet dressed up the story in colours very disadvantageous to some of the magistrates of Edinburgh who were upon the spot attending the settlement, insinuating several sharp reflections against them. Among others, several queries were adjected, such as “it is submitted to the judgement of mankind if there was much more order, caution, and discretion observed by those who took upon them to compose the tumult, than even by the mob itself. And it may be justly queried, whether the ordering out the city-guard, without the bounds of the city, to act a part in this affair, and whether imprisoning Fleucher the beadle were legal? whether the town-guard firing, killing, and wounding so many persons, without reading the proclamation, as the law directs, be not a great crime? and whether he captain of guard's beating Mr M'Vicar's children and servants was not a manifest riot, if not hamesucken?” This matter having been brought before the Lords in the shape of a reduction of an inferior decreet, in which the news-writer had been fined in L. 10 Sterling; it was pleaded for him, That news-writers, by inveterate customs, are tolerated to publish historical accounts of transactions foreign and domestick, whether reflecting honour or reproach upon the actors. Answered, Libels of scandal are prohibited in whatever shape they come out; the above paragraph is not in the spirit of a cool news-writer, but bears evident marks of rancour and resentment; and supposing the magistrates to have been in the wrong, the parties injured, or those employed by them, ought not to inflict punishments at their own hands, while there are laws in being, by which they may be redressed. For this reason it is that veritas convicii non excusat. The Lords assoilzied from the reduction.
