Note 402 — Chapter XVI · ON THE STATE OF THE CONSTITUTION IN THE REIGNS OF ANNE, GEORGE I., AND GEORGE II. (continued 2)

Mr. Justice Gould, in Crosby's case, as reported by Wilson, observes: "It is true this court did, in the instance alluded to by the counsel at the bar (Wilkes's case, 2 Wilson, 151), determine upon the privilege of parliament in the case of a libel; but then that privilege was promulged and known; it existed in records and law-books, and was allowed by parliament itself. But even in that case we now know that we were mistaken; for the House of Commons have since determined, that privilege does not extend to matters of libel." It appears, therefore, that Mr. Justice Gould thought a declaration of the House of Commons was better authority than a decision of the court of common pleas, as to a privilege which, as he says, existed in records and law-books.