Wherefore, as the legislature have not substituted, nor ment to fubftitute the Solicitor General, or any other perfon or perfons, in the room of the Coroner, from whom they took this power, or in the place of the Attorney General during the vacancy of that office, as it was always in the power of the King to fupply that vacancy at any moment he pleafed ; as the legiflature have left the Attorney General, the only known officer in law, authorifed to exhibit criminal informations ex officio; as the Sollicitor. General is no fworn officer of of the court of King's-Bench, either filed of Record, or otherwife; as all the law books are confiftently filent, about any power lodged in him for fuch purpose; as this power has of late time only been ufurped by the Sollicitor General in fome modern inftances, and thofe too varying in their form, as if he did not know on what ground ground he claimed or exercifed the power; and as he appears to have no warrant, or authority whatsoever, to act in this inftance, as Attorney for the Crown, it is humbly fubmitted by the plaintiff in error, that the informations in queftion were filed without any lawful authority, and for that reafon are fundamentally bad and void, fo as not to warrant any judgments upon them against the plaintiff in error. The plaintiff in error therefore humbly hopes, that for thefe and other reasons to be offered at the hearing the faid judgment shall be reverfed. The SECOND ERROR is affigned by the plaintiff in error, as affecting only part of the judgment given given by the court of King's Bench, upon the information for publishing the libel, intitled an ESSAY on WOMAN, viz. that by that judgment, he is fentenced to be imprisoned for the fpace of twelve months, to commence at a future time after the giveing that judgment. Whereas, by the law of the land, fuch imprisonment ought to comence, at and from the time of giving the judgment, and not at any future time. Whereupon the plaintiff in error humbly hopes, that that judgment, as to the commencement of the imprifonment, will be deemed erronious and will be reverfed for the following (among other) REASONS. All judgments in law, as they affect either the the property or the perfons of thofe against whom they are given, ought to contain in them the clearest and most precife certainty, and to take immediate effect; but more especially, fuch judgments as lay a restraint upon the libery of the perfons of his Majefty's fubjects. The prefent judgment is deficient in both these points. I. It does not take immediate effect, but is to commence in future, viz, after the determination of another imprisonment, inflicted upon the plaintiff in error, by another judgment, given upon a different record, totally unconnected with this. II. It does not contain any precife certainty certainty because it is uncertain when the first imprisonment will determine; upon the determination of which alone, the imprisonment under this judgment is to commence. If the judgment, fenteencing him to the first imprifonment, fhould be found erroneous, it is not eafy to fay upon this record, whether all the first imprifonment, previous to the reverfal of the judgment, is to be held for nothing, and the twelve months to be computed from the time of fuch reverfal only, or from the commencement of the firft imprifonment, all of which would be. unlawful. Who is to be the judge of this; It is to the difcretion of the Marshal, how to fettle the computation; or is he prifoner to go through another expenfive litagation before the court of King's Bench, by way of petiti on |