Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.
Freemasonry In The Irish Courts Of Law, 1808.
That the action , on the part of the plaintiff , svas a mere contest for office , a scramble for emolument , and appeared so by the declaration and evidence that the plaintiff ' s refusal to be nonsuited svas an indiscretion ; that if tbe publication svere unnecessary , and not according to the duty of the defendant , that then it svould be a different case , and that it ought to be left to the jury ; that the right to the office svas the matter in contest , and that the Court had not any right to interfere ; that the
plaintiff stated the society to be of a very great length of standing , being upsvards of seventy years' old , that it therefore had a right to act as it thought proper ; but it appeared that the several publications svere distributed , and sent to the different Lodges of Freemasons in Ireland , as information to that body , by the defendant , Mr . Graham , svho svas then the officer of the () rder ; and that nothing in the case svas to be left to the jury , but svhether the defendant tlid , as directed by the Order , in his
situation , and that it appeared he only communicated the publications to the Order in that light ; that tlie society was regulated by its osvn lasvs , and that the plaintiff might have resorted to it for relief , if he had thought proper ; that the plaintiff had set up the institution and the lasvs of it , and on them grounded his case ; and that if the Court believed him , they svould state he had no right to the office ; that under these circumstances the Court svould not disturb the verdictand that
, the Judge ' s report svas correct . Judge Fox , in observing on this case , stated it to be a very novel one , that it svas an action for defamation : after stating the first count in the declaration , he observed , that if a man defametl a character , not called on by his office to do so , it svas libellous ; but that this case svould not stand that test . He referred then to the publication , svhich svas as
follosvs : — "Grand Lodge of Ireland , Thursday , 2 nd of April , 1807 . Brother John Leech , Esq ., Grand Secretary , informed the Grand Lodge , that pursuant to their order made on the 5 th of A'larch last , he had demanded the books and other muniments , the property of this Grand Lodge , to be given up by Brother Alexander Seton , late Deputy Grand Secretary , svhich demand had not been complied svith : Resolved , That Alexander Seton be expelled this Grand Lotlgeand Alasonry in general .
Alex-, ander Jaffray , D . G . AI . John Leech , G . S . " That the publication contains more than is set out on the face ofthe defendant ' s declaration ; that b y it , it applied that the cause of the expulsion svas for not giving up the books of the Order , and that in consequence of the plaintiff ' s disobedience , he svas expelled ; that it could not be contended that it svas libellous , if a man acted contrary to the society he svas a member of ,
antl svas expelled that society , to state the fact ; and alluded to the case of expulsion of a member of a club , for not paying his subscription , antl the publication and distribution of it among the members ; that the special damage svas laid in the plaintiff ' s declaration , it svas not material , it appearing the publications svere matle in discharge of the defendant ' s duty , that it could not be therefore taken as a libel . —[[ Here he compared it to the case of Sir John Carr , tried not long ago in England , and said , you might extract libel out of holy svritif stopped at particular
, you sentences , and not take in thesvhole context . ]—That it appeared by the plaintiff ' s evidences , that the defendant , Air . Graham , acted as a Alason and Secretary to that body ; that he took the order of expulsion from the Chair , and then published it ; that it svas his ( Air . Graham ' s ) duty to tlo so ; and that the business of a society could not exist if it svere othersvise ; that it could not be looked upon as a libel , being within the
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.
Freemasonry In The Irish Courts Of Law, 1808.
That the action , on the part of the plaintiff , svas a mere contest for office , a scramble for emolument , and appeared so by the declaration and evidence that the plaintiff ' s refusal to be nonsuited svas an indiscretion ; that if tbe publication svere unnecessary , and not according to the duty of the defendant , that then it svould be a different case , and that it ought to be left to the jury ; that the right to the office svas the matter in contest , and that the Court had not any right to interfere ; that the
plaintiff stated the society to be of a very great length of standing , being upsvards of seventy years' old , that it therefore had a right to act as it thought proper ; but it appeared that the several publications svere distributed , and sent to the different Lodges of Freemasons in Ireland , as information to that body , by the defendant , Mr . Graham , svho svas then the officer of the () rder ; and that nothing in the case svas to be left to the jury , but svhether the defendant tlid , as directed by the Order , in his
situation , and that it appeared he only communicated the publications to the Order in that light ; that tlie society was regulated by its osvn lasvs , and that the plaintiff might have resorted to it for relief , if he had thought proper ; that the plaintiff had set up the institution and the lasvs of it , and on them grounded his case ; and that if the Court believed him , they svould state he had no right to the office ; that under these circumstances the Court svould not disturb the verdictand that
, the Judge ' s report svas correct . Judge Fox , in observing on this case , stated it to be a very novel one , that it svas an action for defamation : after stating the first count in the declaration , he observed , that if a man defametl a character , not called on by his office to do so , it svas libellous ; but that this case svould not stand that test . He referred then to the publication , svhich svas as
follosvs : — "Grand Lodge of Ireland , Thursday , 2 nd of April , 1807 . Brother John Leech , Esq ., Grand Secretary , informed the Grand Lodge , that pursuant to their order made on the 5 th of A'larch last , he had demanded the books and other muniments , the property of this Grand Lodge , to be given up by Brother Alexander Seton , late Deputy Grand Secretary , svhich demand had not been complied svith : Resolved , That Alexander Seton be expelled this Grand Lotlgeand Alasonry in general .
Alex-, ander Jaffray , D . G . AI . John Leech , G . S . " That the publication contains more than is set out on the face ofthe defendant ' s declaration ; that b y it , it applied that the cause of the expulsion svas for not giving up the books of the Order , and that in consequence of the plaintiff ' s disobedience , he svas expelled ; that it could not be contended that it svas libellous , if a man acted contrary to the society he svas a member of ,
antl svas expelled that society , to state the fact ; and alluded to the case of expulsion of a member of a club , for not paying his subscription , antl the publication and distribution of it among the members ; that the special damage svas laid in the plaintiff ' s declaration , it svas not material , it appearing the publications svere matle in discharge of the defendant ' s duty , that it could not be therefore taken as a libel . —[[ Here he compared it to the case of Sir John Carr , tried not long ago in England , and said , you might extract libel out of holy svritif stopped at particular
, you sentences , and not take in thesvhole context . ]—That it appeared by the plaintiff ' s evidences , that the defendant , Air . Graham , acted as a Alason and Secretary to that body ; that he took the order of expulsion from the Chair , and then published it ; that it svas his ( Air . Graham ' s ) duty to tlo so ; and that the business of a society could not exist if it svere othersvise ; that it could not be looked upon as a libel , being within the