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Full text of "The Speeches of the Hon. Thomas Erskine: (now Lord Erskine), when at the Bar ..."

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THS 

SPEECHES 

OF 

THE HON. THOMAS EESKINE 

(now lord erskine), 
WHEN AT THE BAR, 

OK 

SUBJECTS 

CONHBCTBO WITH 

THE LIBERTY OF THE PRESS, 

AND AGAINST 

ConiStructibe Creosumf. 



COLLECTED BT 

JAMES RIDGWAY. 



m= 



THE SECOND EDITION. 



IN FOUR VOLUMES. 



VOL. III. 



LONDON: 
PRINTED FOR JAMES RIDGWAY, 

no. 170, OPPOSITE OLD BOND STKEBT, PICCADILLY. 
J 813. 



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iwi n I iig i P 






8. Gosnci), Printer^ Uule Gtuecn Street^ London. 



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t -r 



CONTENTS 



or TBK 



THIRD VOLUME. 



Subject of the Trial of Mr. Thomas Walkbr 1 
Mr. Law's Speech in Support of the Prosecution 3 
Mr. Erskine*s Speech in Defence of Mr. Walker If 
Subject of the Trial of Thomas Habdy — 53 
Indictment against Thomas Hardy and others 58 
The Attorney GeneraPs Speech for the Croum in 

this Cause — ^— •— -r^ — 65 
Proceedings in Courts relative tO' an Application 
of Mr. Erskine for the Indulgence of a few 
Hours to prepare himself for the Defence of 
the Prisoner — • — — — 316 
^Mr^ Erskine^s Speech for Thomas Hardy — 32$ 



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- 1 



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Trial of Mr. Thomas Walker of Manchester^ 
. merchant, and six other Persons, indicted 
for a Omspiracy to overthrow the Constitu-/ 
tion and Government of this Kingdom ; and 
to aid and assist the French, being the 
King's Enemies, in case they should invade 
this Kif^dom.^-^Tried at Lancaster before 
Mr. Justice Heai'h, one of the Judges of 
the Court of Common Pleas, and a Special 
Jury, on the 2d of April ij^A. r^ 



'^^^'^ 



SUBJECT,. &c. 

We hade not found it necessary for the fidl under • 
standing of this interesting and extraordinary case, 
to prifit the evidence given upon the trial ; because, to 
the honour of Lord Ellenborough, then Mr. Law, 
who conducted the prosecution for the Croum, after 
hearing a positive contradiction of the only witness in 
support of it, by several unexceptionable persons, he 
expressed himself as follows : 

" I know the characters of several of the gentlemen 
'* who have been examined, particularly of Mr^ 

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2 SUBJECT OP THE TRIAL, &C. 

*^ Jones. I cannot expect one witness alone, uncon^ 
^'Jlrmed, to stand against the testimony of all these 
^' witnesses ; / ought not to desire it.*^ To which 
jU9t declaration, which ended the trial, Jl/r. Justice. 
Heath said,-^*^ You act very properly, 'Mr. l^aw.^' 

The Jury found Mr. fVdiher Not Guilty i and the 
witness was iumediatefy committed^ }ndictti far- per 
jury, and convicted at the same assize^.^ 

ffe have printed Mr. Law*s ajble and manly Speech 
to the Jury, which contains the whole case, afterwards 
proved by the witness who was disbelieved. - The ^Speech 
of ]\(tr. Erskine in answer 'to.\it stales ^ the ^i(jkn^ Xif- 
terwards gi^fen to. contradict it. . . ^ 

Mr. fValher was an eminent merchant at.M^n^ 
Chester,^ and <r truly honest and respectable man ; 
and nothing can . sfiOtu thejevev- of ilme times,^ more 
than the alarming prosecution of such a person upon 
such evidence. It is not i0 every Attorney General, 
that such a case could have been safely trusted. — The 
conduct of Mr. Law t&a^ highly to his honour, and a 
progfiastic qf hisjuture character >as a^J^d^^^. ' ; 






) 






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MB. law's SPBBCR. B^ 



The Indictment having been opened by Mr. JambSj 
Mr. Law addressed the Jury as follows : 

GEI7TLBMEN OF THE JUBY, 

Th£ Indictment which has been read 
XO yon, imputes to the Defendants a species of trea- 
sonaUe miademeanpr^ second only in degree^ and in* 
fi^rior only in mal^ity^ to the crime of high treasoti 
itself. It imputes to them a conspiracy for the pur« 
posi^ of ddbering with elfl^ct to the King's enemies^ 
in ase the cabmity ofl foreign invasion or of internal; 
BQd domeiittc ttunull should afford them the desired r 
opportttn&ty of so doing— a conspiracy for the pur- ; 
pc^; of iratployiog against our country those arms 
vikAch sfaotitd bedevotcfd toits defence ; and of over-- 
thromng a.coiMtttiitaoo, the work .of long- continued 
i^Mom and virtue, in the ages that have gone before 
us;: and which,; I trusA^ the sober-minded virtue and. 
wisdom of', the^pmseet age will transmit unimpaired, 
to ag^ thatare fet to auccoed us. It imputes to them 
a.con^iracy, tiot indeed levelled at the person and 
life of oat Sosreifeign, but at that constitution at the 
head ;0f « which He is placed, and at that system of 
benefidal laws which it is his pride and his duty to 
administer ;-— at that constitution which makes us 
what we are, a gr^at^ free, and, I trust, with a f^w 

B 2 

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4 MR. LAW S SPEECH OK THK TRIAL 

exceptions only, a happy and united people. Gentle- 
men, a conspiracy formed for these purposes^ and 
to be effected eventually by means of arms ;— a con- 
spiracy which had either for its immediate aim or 
probable consequence, the introduction into thi^ 
country, upon the model of France, of all the mi- 
series that disgrace and desolate that unhappy land^ 
is the crime for which the Defendants stand arraigned 
before you this day ; and it is for you to say, in the 
first instance, and for my Lord hereafter, what shall- 
be the result and eflect in respect to persons, against 
whom a conspiracy of such enormous magnitude and 
mischief shall be substantiated in evidence. ^ 
. Gentlemen, whatever subjects of political (Sf^- 
encemay subsist anxmgst u.% I trust we are in ge- 
neral agreed in venerating the great pvtnciptes of our 
constitution, and in wishing tdsnstain and reilder 
them permanent. Wbs^ver toleration and indol- , 
gence we may be willing to aHow to differences in 
matters of lesa importance, upon; some subjects wr- 
can allow none ;^to the friends* of SVance^ leagued 
in unity of council, indinatton, adJ interests with ' 
France, against the a^ms andint8re»ts:of our eornitry^ 
however toterant in otbo* respects^ we can afibid noi 
grains of aUawance,-«no sentitAedts^ of in^t^tgence, 
or toleration whatsoever ^ t6idb^a,'.8ta time vHien 
those arms and councils are difeetedlagaiiist oar pa* 
litibal and civil, against not ioantiatiomtl only, bnt 
natural existence (and. at' such* a period you will, 
find that the very conspiracy nqtv under considera^- 



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OF f HOIwrAS WALKER AKD OTHERS. S 

tbn wa$ formed), would be equally inconsistent with 
ev^y rule of law and every principle of self-preser* 
vation : — It would be at once to authoi*ize every de- 
scription of mi^hievous persons to carry their de- 
structive-principles into immediate and fatal effect ; 
in other words^ it would be to sign the doom and 
downfall of that constitution which protects us all. 

I am sure, therefore, that for the crime, such as 
1 have represented it to be, my learned friend will 
not, in the exercise of his own good sense, choose 
to ofier any defence or apology ; but he will endea- 
vour to make the evidence I shall lay before you^ 
appear in another point of view : — ^he will endeavour 
to conceal and soften much of that malignity which 
I impute, and I think justly, to the intentions and 
actings of these Defendants, 

It was about the close of the year 1792, thtt the 
French nation thought fit to hold out to all the na^ 
tions on the globe, or rather, I should say, to the 
discontented subjects of all those nations, an encou* 
ragement to confederate and combine together, fo^r 
the purpose of subverting all regular established au- 
thority amongst them, by a decree of the IQth of 
November 1792, which I consider as the immediate 
source and origin of this and other mischievous so- 
cieties. That nation, in convention, pledged to the 
discontented inhabitants of other countries, its pro- 
tection and assistance, in case they should be disposed 
to innovate and change the form of government 
under which they had heretofore lived. Und^r the 

B 3 

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iixfluence of this fostering encoarsgem^at^ and mtMk» 
ing^ I most suppose, to avail themselves of , the pro* 
taction and assistance thus held out to thein» thb 
and other dangerous societies sprang up and spread 
themselves within the bosom of this realm. 

Gentlemen, it was about the period I m^titoDedj 
or shortly after, I mean in the month of Pecembett 
which followed close upon the prpmulgation of this 
detestable depree, that the society on which I aiti 
about to comment, — ten members of which are 
now presented in trial before you, — was formed ^. 
The vigilance of those to whom the administration 
of justice and the immediate care of the |>olice of 
the country is {»-imarily intrusted, had already prer 
vented or dispersed every numerous assembly of per- 
sons which resorted to public-houses for sudi piiiw 
pos^; it therefore became necessary for persons thua 
disposed, to assemble themselves, if at all, m\h\f\ 
the walls of some private m^P^ipn. The president 
and head of this society, Mr. Thorpas "VValker^ 
raised to that bad eminence by a species of merit 
which will not meet with much favour or encourager 
ment here, opened his doors to receive a society of 
this soft at Manchjester, miscalled the Reformation 
Society : the name may, in some senses, indeed im- 
port and be understood to 4iiean a society formed for 
the purpose of benefiQial reform ; but what the real 

* The Manchester Constitutional Society was instituted \n 
October 1790; the Reformation Society, in March 1792 5 tbc> 
Patriotic Society, in April 1792. 



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^trt? I'HOMAS WALTER AND OTHERS. 7 

piirfiosies of this society were, you will presently learn^ 
from their declared sentiments and criminal actings. 
He opened his doors, then, to receive this society ; 
— they assembled, night after night, in numbers, 
to an amount which yoii will hear from the witnesses: 
«ometimes, I believe, the extended number of such 
assemblies amounting to more than a hundred per- 
sons. There w6re three considerable rooms allotted 
for their reception. In the lower part of the house, 
where they were first admitted, they sat upon busi- 
ness oF less moment, and requiring the presence of 
smaller numbers; — in the upper part, they asserableid 
in greater multitudes, and read, as in a school,' and 
as it were to fashion and perfect themselves in every 
thing that is seditious and mischievous, those writ- 
ings which have been already reprobated by other 
Juries, sitting in this and other places, by the Courts 
of law, and in effect, by the united voice of both 
Houses of Parliament. They read, amongst othier 
works, particularly the works of an author whose 
name is in the mouth of every body in this country; 
I mean the works of Thomas Paine; — an author, 
who, in the gloom of a French, prison, is now con- 
templating the full effects and experiencing all the 
miseries of that disorganizing system of which he is, 
in some respect, the parent — ^certainly, the great 
advocate and promoter. 

The works of this author, and many other works 
of a similar tendency, were read aloud by a person 
of Ae name of Jackson, who exercised upon those 

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fl .MB. LAW^S SF£BCH ON THE TBU^ 

occasions the mischievous function of reader to this 
society. Others of the Defendants had different 
functions assigned them ; some were busied in train- 
ing thein to the use of arms^ for the purpose, avow- 
edly, in case there should be either a landing of the 
French, with whom we were then, I think> actually 
at war or abput to be imniediately at war; or in 
case there should take pl^pe a revolt ifi the kingdoms 
of Ireland or Scotland, to minister to their assistance, 
either to such invasiqi^ or to such revolt. That they 
met for such purposes is pot only clear frpm tl^ 
writings that were read aloud tp them^ and the coq- 
versations that were held, bqt by the purposes which 
were expressly declared and avowed by X\iQSfi who 
may be considered as the moqth-piepes and. organs 
.of the society upon these occasions. 

The Jirs,t time, I think, that the witness Dunn^ 
whom I shall presently produce to you, saw tl^e De- 
fendant Mr. Walker, Mr. Walker declared to hiixi, 
^^ that he hoped they should soon overthrow, the coU'' 
^^ stitution,'* The witness I have alluded to, w^s 
introduced tp the society by two perspns, I thjnk of 
the names^ of M- Callum and Smith, and who, if I 
am not misinformed, have since t^ken their flight 
from this country to An^erica. The f^rst night he 
was there, he did not see their president IVIr. Walker, 
but on the second night th^t he vyent there, Mr. 
.Walker qiet him as he entered the dpor, an^l ob- 
serving fron^ his dialect, that he was a native of 
Ireland, Mr. Walker inquired of him how the vo- 



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. OP THMIAa WALKER AND OT|HIM« ' g 

lanteers went on^ and said^ with a smile as he passed 
tnm in his way up stairs to the rest of the associated 
.members^ ^^ fFe shall overthrow the constitution by 
^^ and £y." The witness was then ushered into this 
room^ where he saw assembled nearly to the number 
of a hundred or a hundred and fifty persons. The 
room was^ I understand^ a large warehouse at the 
. top of the house ; there were about fourteen or fif- 
teen persons then actually under arms^ and some of 
those whose names are to be found in this record 
were employed in teaching others the military exer- 
cise. It would be endless^ as well as useless^ to re« 
late to you the whole of what passed at these several 
meetings. 

Upon some occasions, Mr. Walker would talk in 
the most contumelious and abominable language of 
the sacred person of pur Sovereign. In one instance, 
when talking of monarchy, he said, ^^ Damn Kings! 
^^ what have we to do with them, what are they to 
/^ us V and^ to show the contempt in which he held 
the lives pf all kings, and particularly that of our 
own Sovereign, taking a piece of paper in his hand, 
^nd- tearing it, he said, /^ If I had the King here, 
/' I would cut off his head, as readily as I tear this 
•*' paper." 

Upon other occasions, others of the members, 
and- particularly a person of the name of Papl, who 
I believe is now in Court, held similar language :— 
damning the King ; — reviling and defaming him ip 
the execution of his high office;— representing the 



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(50 • ft», tAW*d 8P2£CfH Oir THE TRIAL. 

I^#ii6!fe fl;fstcm of our public goremmeat as a system 

^of {^hiftd^r and rapacity ; — representing, partibularly, 

\th6 administration of a neighbouring kingdom by a 

lidrd-lieote^ant, as a scheme and device merely 

*iiiiVefltfed to corrupt the people, and to enrich' and 

aggrandize the indiviilual to whose care the gorem- 

•fntnt of that kingdom is more immediately dele- 

-^t<^ ;^n short, arraigning every part of our public 

tecOftc^my as directly prbductive of m'fsgovernment 

>ffiid Oppression. The King himself was sometimes 

-mo^e particularly pointed at by Mr. Walker. He 

-i«lated D^ hJm a strange, incredible, and foolish 

'labte, which I never heard suggested from any other 

quarter ; — " That His Majesty was possessed of 

*^* !>ev€Bteen millions of money in some bank or 

^^ other at Vienna, whicli he kept locked up there, 

•* and would not bestow a single penny of it to 

^^ relieve the distresses and indigence of any part of 

** his own subjects." Many other assertions of this 

«>rt were made, and conversations of a similar im- 

' port held, between Mr. Walker and tKe persons 

ihus assembled. 

About three months after the formation, as far as 
*I can collect it, of this society, that is, about the 
month of March 1793, a person of the name of 
Yorke — Yorke of Derby, I think he is called, — ar* 
rived at Manchester, with all the apparatus of a kind 
•of apostolic mission, addressed to the various assem- 
blies of seditious persons in that quarter of the king*, 
dom. He harangued them upon such topics as were ! 



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OF THOMAS WALKBR Asm' OTHB»« ^11 

.»06t likely to interest and iiifianie them ;— ^he eit* 

plained to than the object of the journey he was 

4hen making throagb the country ;— he said, he was 

;oome to visit all the combined societies, in order to 

Jearn the numbers they could respectively muster, in 

case there should be an invasion by the French, 

which was then talked of, and is yet, I am afraid, 

talked of but upon too much foundation ; — to know, 

4n short, what number they could add to the arms of 

France, in case these arms should be hostilely dt« 

rected against Great Britain itself ; — he stated that 

'the French were about to land in this country to thq 

nnfnber of forty or fifty thousand men, and that he 

was collecting, in the different societies, the nametf 

of such persons as could be best depended upon ; in 

order to ascertain what number in the whole could 

actually be brought into the field upon such aa 

fsmergenoy. 

When this person was present^ there seems to 
have been a sort of holiday and festival of sedition : 
each member strove with his fellow which should ex- 
press sentiments the most injurious and hostile to 
the peace and happiness of their country. Dunn, 
the witness I have already alluded to, will speak to 
the actual communication of all the several persons 
who are Defendants upon this record in most of the 
mischievous councils which were then h^ld, and 
-which are the subject of this prosecution. They 
poet during a considerable length of time he attended 
(and4)f»re you wUl not be called upon to give credit 



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11 MR. I«AW*S SPEECH Olf THB TRIAL' 

.to a loose and casual recollectton of a few random 
eaqpressions, uttered upon one or two accidental oc- 
casions^ capable of an innocent or doubtful construc- 
tion) ; but he attended, I believe, at nearly forty of 
these meetings; — he attended them from about the 
month of December or January, down to the month 
of June, when, either through compunction for the 
share he had himself borne in those mischievous 
proceedings, or whatever else might be his motive— 
I trust it was an honourable one, and that it will m 
its effects prove beneficial to his country, — ^he came 
^ forward .and detailed this business to the magistrates 
of this county. It became them, having such cir- 
.cumstances related to them, and having it also con* 
firmed by other evidence, that there were numerous 
nightly meetings of this sort held at stated intervals 
at the house of Mr. Walker, upon having the ob- 
jects of these meetings detailed and verified to them 
— ^it became them, I say, to use means for suppressing 
a mischief of such extent and magnitude. It was 
accordingly thought proper to institute this pro- 
secution for the purpose of bringing these enormous 
proceedings into public discussion and inquiry, be^ 
fore a Jury of the country, and for the purpose of 
eventually bringing to condign punishment the per- 
sons immediately concerned in them. 

Gentlemen, the evidence of this person, the wit- 
ness I have mentioned, will unquestit^rnably be as- 
sailed and attacked by a great deal of attempted con« 
tradiction ; — his character will, I hav^ no doubt, bq 



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OP THOMAS . WALKER AKD '0TKfeB6» ' \%" 

arraigned and drawn in question from the earliest * 
period to which the Defendants can have any opftor- 
tanities of access^ for materials respectirrg itr Upon 
nothing but upon the efFectiisU impeachment of the 
character of this witness^ can they bottom any pro- 
hfkAii expectations of acquittal; — ^to that pointy- 
therefore, their efforts wil! be mainly directed, i 
wish their efforts had been hitherto directed inno^ 
cently . towards the attainment of this object; Und 
that no opportunities had been reqently tabm^ 
in occasioual meetings and comsersations, to at- ' 
tempt to tamper with the testimony of this witness. 
There are other practices^ which, next to an actual 
tampering with the testimony 6f:a witness, are ex-.' 
tiiemely misohiievous to the regular course and ad^ 
n^inistration of juistice-^I mean attempts to lure a ' 
wUness into conversations respecting, the subject of ^ 
his testimony; of this we. have, seen many very.' 
blameable instances in the course of. the present cir- • 
cutt,' where conversation? have been set on foot - 
for the purpose of catching at some particular expres* 
sions, inadvertently dropt by a witness, and of af-^ ' 
terwards bringing them forward, separately and de- • 
tached ixom the rest of the ccHYversation, in order ^ 
to give a dif&nent colour and. ^complexion to the 
sikbstance of his evidence, and tp weaken the effect 
aodcreditJof the whole. 

.Gentlemen,,, the^. attempts * ace too commonly, 
made ;— happily, however, for public justice, they . 
are'commonly unsuccessful; because they do and* 



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14 BfX* hkW^S SFBJICR ON TAB TRIAI* 

must; with every honourable inmd» reooil upon \he 
party making than. Private appUcattona to a person^ 
npt.only known to be an adverse witness, but tbbe 
the very witness upon whose credit theiprosecuitbn 
most materially depends ; private conversations widi 
si|ch a witness, ibr the purpose of getting from htm 
dtclamtions which may be afterwards opposed in 
seeming contradiction to his solemn testimony upon 
o|tb> are of themselves so dishonourable, that, with 
eyeiy weU-dispQaed.and well-judging mind, they wili 
naturally produce an effect directly contrary to the^ 
expectations of the persons who make them« 

. I know. Gentlemen, what I have most to fear 
upon this occasion ; I knOw the vigour and energy 
of thfe.mind of my learned friend.— *I have long felt 
a»d sKli^ired the powerful eflect of his various talents ; 
H*I know the ingenious sophistry by whidi he can 
mislead, and the fasdnation of that eloquence by 
whdfch be can subdue the minds of those to whom he 
addresses himself. — I know what he can do to-day, 
by;aedng what he has done upon many other occa^ 
sictes before. But, at the same time. Gentlemen, 
knowing what Ajs is, I am somewhat consoled in 
kncfwing t/qu. I have practised for several years in 
tbti^ place ; I know the sound discretion and judgment 
by which your verdicts are generally governed ; and 
upon the credit of that experience, I trust that it will 
not be in the power of my friend, by any arts he. is 
aUe to employ, to seduce you a single step from the 
sober paths of truth and justice. You will hear the 



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OP THOMAS WALUB AK1>: 07»BR8. 19 ; 

are . de9^4ing ^Qn thfi^, fat^ ^of^otherflu,. Ki ib^>jEte„i 
fopdi?at^.|^J;ia^ ian4 «V le«rn^ fw»|dJ«#U«/ 
tQ suJji^qUate tbeiip,inpQp(^nc^^ ypi]f;9a^^^i9n^;I 
fqr.fiq4!s, eak^.lietth^ ^G()iiUt|9d.|.lmfi:ifiitlwkj 
innocence cannot ^ q^rjy |^ .Uti|%t0;i}jrIiMtl^( 
blished> I stand here interested as I am in commoa 
with him in the acquittal of innocence^ at the same 
time however demanding the rights of public justice 
against the guilty. It imports the safety of your- 
selves, — it imports the safety of our country^ — ^it 
imports the existence and security of every thing that 
is dear to us; if these men be not innocent^ that no 
considerations of tenderness and humanity, — ^no c<mi- 
giderations of any sort short of what the actual ab« 
stract justice of the case may require, should prevent 
the hand of punishment from falling heavy on them. 
Having, therefore. Gentlemen, given you this 
short detail and explanation of the principal facta 
which are about to be laid before you in evidence, 
I will now close the first part of the trouble I must 
give you. I shall by and by, when my learned friend 
has adduced that evidence by which he will attempt 
to assail the character and credit of the principal 
witness for the prosecution, have an opportunity of 
addressing you again ; and, I trust, in the mean 
time, whatever attention you may be disposed to 
pay to the exertions of those who will labour to 
establish the innocence of the persons now arraigned 
before yoUj that you will, at the i^ame time, steadily 



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bear in mind the duties which you owe to yourselves 
and to your country; — ^recbllecting^ as I am sure 
you will, that we all look up to your firmness and 
int^rity at this moment^ for the protection of that ' i 

constitution from which we derive every blessing we ' | 

individually or collectively enjoy. 



I 



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uu. suiuffi'tt wmcm, ko. ft7 



MR. ERSKINE. 

QB^Th^U^^ OF THS JVKX, 

I LiSTBKEB with the greatest Attenlioii 
(and in honour of .idy karned friend I must say 
with the greatest approbation) to muc^ of his addresa 
to you in the opeoisng of this cause ;^t was cantfid 
and manly, and contained many truths which I hare 
tio kiteretst to den^ ; one in particular which involves 
in it indeed tlie very principle of the dc^nce^— «-the 
)^lue of thai happy laoastitution of government 
which has so long existed in this island. I ho()e tSiat 
ixme of us wiU ever foi^t iCbe gratilmde which we 
owe to the Divine FrovideUce, and, ooder its bleaa^i 
ing, to the wSsdom of our fore&thers, for tht 
happy «stablish«6ent ef law and justice under which 
we live; and under whidi, ti^ank God, my CUenl^ 
are this day to be judged : great indeed i^ill be the 
oundemnation of any man ^h^ does not fe^l 4nd 
act as he ought to do u|»cin tbia subject ; ior autdiy 
if there be one privilege greater than another which 
thehbdnevolent Author of our being ;iiiis been pleased 
to dispense to his «3tatures since the esiatence of 
the earth which we inhabit, it is to' hav6 cast ow 
lots in this age and country :«^-^for mytrif^ I wo^ 
in spirit prostmte mysdf daily alEid hourly 4p||fiM| 
VOL. in. c 



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M MR. BR9KIII£*S SPBfiCH ON ^HS TRIAL 

Heaven to acknowledge it, and instead of coming 
from the house of Mr. Walker, and accompanying 
him at Preston (the only truths which the witness 
has uttered since he came into Ck>urt), if I believed 
him capable of committing the crimes he is charged 
with, I would rather have gone into my grave than 
have been found as a friend under his roof. 

Gentlemen, the crime imputed to the Defendant 
is a serious one indeed :— Mr. Law has told yot|, 
^and told you truly, that this Indictment has not at 
'dll for its object to condemn or to question the par*- 
'4icul^ opinions which Mr. Walker and the other 
<Defendants may entertain concerning the prindfJus 
of this government, or the reforms which the wisest 
^governments may from time to time require: he is 
:ltideed a man of too enlarged a mind to think for is 
aaoment that his country can be served by interrupt^ 
:5ng the current of liberal opinion, or overawing the 
legal fttsedom of English sentiment by the terrors of 
criminal prosecution : he openly disavows such a 
System, and has,'! think, even more than hinted to 
us that there may be seasons when an attention to. 
reform may ^ be salutary, and that every individual 
under our baippy estabKshment has a right upon this 
important ^ufa^ect to think for himself. 
* Hi€t Defendant^ therefore are not arraigned before 
yoa, nor even censored in observation, for having 
associated a^Malicbester to promote what they felt 
to.be the cause of religious and civil liberty ;'— nor 
kretbeyarraigried or censured for seeking to collect 



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QF THOMAS WALKEB AND OTHUS. i^ 

the s^Qtiments of th^ir neighboura and the public 
concerning the necessity of a reform in the consti- 
tution of Parliament; these sentiments and objects 
are wholly out of the question : but they are charged 
with having unlawfully confederated and conspired 
to destroy and overthrow the government of the 
kingdom by open foace and bebeixion^ and that 
io efiect this wicked purpose they exercised the 
King's subjects with arms, perverting that which is 
our birthright, for the protection of our lives and 
property, to the malignant purpose of supporting the 
enemies of this kingdom in case of an invasion : in 
order, a& my friend has truly said (for I admit the 
consequence if the fact be established), in order to 
make our country that scene of confusion and deso- 
lation which fills every man*s heart with dismay and 
horror^ when he only reads or thinks of what is trans- 
acting at a distance upon the bloody theatre of the 
war that is now desolating the world. — ^This, and 
nothing different or less than this^ is the charge 
which is made upon the Defendants, at the head of 
whom stands before you a merchant of honour, pro^ 
perty, character, and respect; — who has long en- 
joyed the countenance and friendship of many of 
the worthiest and most illustrious persons in the 
kingdom, and whose principles and conduct have 
mora^ than once been publicly and gratefully ac- 
knowledged by the community of which he is a 
member, as the friend of their commerce and lir 
berties, and the protector of the most esseqtial 

c 2 



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lib MB. 8ESKIM1t*8 SFfiECH 02^ TUfi TRIAL 

|)fivTleges which Englishmen can enjoy under the 
iaws. 

Crentlemeft, «uch a prosecntton against such a per- 
"son ought to have had a strong foundation : putting 
private justice and all respect of persons wholly out 
of th6 question^ it should not^ but upon the most 
rlear conviction and the most urgent necessity, have 
been instituted at all. — ^We are at this moment in a 
most awful and fearful crisis of affairs ;— »we are told 
authentically by the Sovereign from the throne, thsft 
our enemies in France are meditating an invasion, 
a^d the kingdom from one end to another is in motion 
to repel it — In such a state of things, and wheh 
ihe public transactions of government and jnsttw in 
tlie two countries pass and repass from one another as 
if upon the wings of the wind, is it politic to prepare 
this solemn array of justice opon such a dangerous 
subject, without a feasonfable foundation, or rather 
without an urgent call? At a time when it is our com- 
tMn interest that France should believe us to be, whtt 
we arfe and ever have been, one heart and ' soul t6 
protect our cduntry and our constitution — is it wise 
. or prudent, putting private justice wholly out of tMe 
tjue^tiori, that it should appear to the councils of 
France (apt enough to exaggerate advantages), that 
the Judge representing the Government in the 
northern .district of this kingdom should be sitting 
here m judgment in the presence of all the gentle- 
men whose property Ires in this great county, to 
trace and to punish the existence of a rebellious coir* 



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OF THOMAa WA2.KBft AVO OTmUIS. 21 

spirecy to support ao invasion from Fmce ?— a con* 
i^jiiacy not existing in a single district alone^ bat 
maintaining itself by criminal concert and corre- 
spondence in every district, town, and city in the 
kii^om ; — projectile nothing less than the utter 
deafer ttction and s^vei«iQn of the Government.— » 
6ood God! can it be for the interest of Government 
that such an account of the state of this country 
shocM go forth? Unfortunately, the rumour and ef-. 
^t of thts>day*s business will spread where the evi* 
denoe may not (ravel with it, to serve as an antidote^ 
to the mischief; for certainly the scene which ,wq 
haw this day witnessed can never be imagined i^ 
France or in Europe, where the qurit of our law 14 
kaown and understood ;^~it never will be credited 
that aU this serious process has no foundation eithjei| 
in iact or probability, ^nd that it stands upon th^ 
Vo^ evidence ^f a common ^dier, or rather ^ 
oammon vagabond, discharged as unfit to be a soU 
dier;-r^of a wretdi, lost to all reverence for God an4 
Fe%ion, who wowsy that he has none for eitheri 
and.wlio is incapable of observing even common de4 
eency^s a witness 4n the Court :— ^this will never be 
beUeved ; and the country, whose best strength at 
home and abroad is the soundness of all its mem- 
bers, will suffer from the very credit which Govern* 
ment will receive for the justice of this proceeding. , 
What then can be more beneficial than that you 
should make haste, as public and private men, to un- 
deceive the world, to do justice to your fellow-sub- 
jfects, and to vinAnte your country ?— what can b^ 

c3 

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2^ MR. SSSKTNS*8 SPBKCH ON tUt, TRIAL 

more beneficial, than that yoM, as honest men, shoott) 
upon your oaths pronounce and record by your rer^ 
diet, that, however Englishmen may difter in r«K- 
gious opinions, which in such a land of thinking ever 
must be the case; — that however they may separate 
in political speculations as to the wisest and best fer* 
mation of a House of Commons; — that though seme 
may think highly of the church and its establish^ 
ment, whilst others, but with equil sincerity, prefer 
tbe worship of God with other ceremonies, or with- 
out any ceremonies; — that though some may think 
it unsafe to touch the constitution at this partitular 
inoment, and some, that at no time it is safe to toadi 
it, while others think that its very existence dopends 
tipon immediate reformation: — whaty I repeat; cm 
be more beneficial, than that your verdict should 
establish, that though the country is thus divided 
upon these political subjects, as it ever hasbeen^in 
every age and period of our history, yet that we all 
recollect' our duty to the land which our fathers have 
left us as an inheritance; — that we all know and feel 
we have one common duty and one common interest i 
.This will be the language of your verdict, whatever 
you yourselves may think upon these topics con- 
nected with, but still collateral to the cause.— Whe- 
ther you shall approve or disapprove of the opiqions 
or objects of the Defendants, I know that you will 
still with one mind revolt with indignation at the 
evidence you have heard, when you shall have heard 
also the ohservations 1 have to make upon it, and, 
what is far more important, the facts I shall bring 

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fyrwird to encounter it. To these last words I beg 
yotir partieular attention:— I say, when you isball; 
b^r the facts with which 1 mean to encounter tke^ 
evidence* My learned friend has supposed that I 
had nothing wherewith to support the cause, but! 
by railing as his witness, and endeavouring to tta^R 
cUioe his character by calling others to reproach it C 
he has tdd you» that I could encounter his testimony^ 
by no one fad, but that he had only to apfn^ehe^Ki^ 
the inlliienGe which my address might have upoa 
you; — as if I, an utter stranger here, could have any. 
passible we^ht or influencej to oppose to fdm, who 
l^s beeo so long known and honoured in this place.- 
But alihough my learned friend seems to have ex- 
pected no adverse evidence, he appears to have been 
dpprebeosive for the credit, and consistency of his 
own j since he has told you that we have drawn this 
fnan into a lure not uncommon for the purpose ol 
entmpfNng witnesses into a contradiction of testis 
mony ;-*tbat we have ensnared him into the cdm«^ 
psny c^ persons who have drawn him in by insidious 
questions, and written down what he has been made • 
tQ. declare to them in destruction of his original evi^ 
dence, for the wicked purpose of attacking the sworn 
testimony of truth, aixd cutting down the conse* 
qoences which would have followed from it to the 
Defendants. — ^If such a scene of wickedness had 
been practised, it must have been known to the wit^ 
ness himself; yeX my learned friend will recollect, that 
though he made this charge in his hearing before 

c 4 

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%t MS. nsusriTi sravM' air yttl tMtkts 

1^9 etamiiuitidn, he positively deniei the whole of 
st;<^I put it to him potnt by> pmnt, putsning %he 
opening as mf guide,-*-ani h« denied that be had 
been dravm into amy lure ;'-^be denied that any trap 
baxlboen laid for him i*«-b4 denied that he haid bdiM 
adked any qmatioiis by any body.-~If I am nii^ken, 
I destre to be corrected^ aivd particnlarly so by my 
learned friend^ because I wish to stute theevidienoa 
d&it wasgiven.-^HebastherFdenied all' these things; 
be bas farther sworn that he never acknonrfodgied ta 
Mr. Walker that be had wronged or ivjuned him, or 
that the evidence he h^d given against bin% was false;, 
-r^that he oeVev hwA gone down upon h^ knees lAf 
hie presience, to ilnipbrd bra forgweneas'j^liali he 
never beU hiahafnd^ before bi&face^ to hide tt^ tear« 
that were fidwhsg da«m bis cheeks id! tbe^ moment of 
contrition, or df tenror U the consequenoe of h4» 
erimes: all tbis< ho hai positively and repeatedly 
sworn in^ answer to questions deUbersAely put to hifn;- 
and instead of aoaweiiiig with doobt, or as tryiisig td 
recollect whether uwy tbingf iipproacbing such a i^e* 
-presentation b^ happened, he put h>s hands to hiSr 
sides^ and heghed, as yoy> saw, at me who put the 
'^uestions^ with that sneer of contempt and insolence 
which accompanied the wbote of his evidence, on 
iny part at least of his eXiaminatfoni.--^]f nothing 
therefore was at stake but the destraction of this 
man's evidence, and with it the prosecfiti<}n wfctoh 
tests for its whole ea^istenoe upon it, I should pfti^ 
eeed at once to confound him with testimony, the 



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' Of rmOMAB WALKOt A9B OTHSBf. M 

truth of wkieh my leanied friend bimfldf will, I site 
tone, not brmg into question ; but» I wish the whole 
oonduet of my Clients to stand fairly before you, and 
fiot to rest meri^y upon ppsitiire swearing destructive 
of opposite testnnony; and as I wish the evidence I 
mean to bring before yotiy and the ialsebood of that 
which it opposes, to be cldarly understood; IwUlstats 
to you bow it: has happened that this strange prose* 
cutson has come before you. 

Tbelowivof Manehestier has been long eaitremely 
Avided io Yefigtons and ohril opinions; and while I 
wish to^mkiicate tbose whpm I represent in this place, 
I desire not tdi inftime dMBerenoes whieh. I hope in a 
short season will be forgotten) I am desirous, on tha 
osttitsrai^, thai every thing udnch proceeds. from torn 
may be the means ol conciliating rather than exas« 
parting dinensbns which have already produced 
much miscbiisf, and wfaidi^ perhaps, but for the lesson 
of tb^dayy might hare pnpdaoed moeb more. 

GentleitDa^, you all know that there have been 
for centuries past in this country various sects of 
Christians worshipping Gbd in diffi^rent forms, and 
hewing a^versily of religious 0{»nions; and that 
the law hm for a long season deprived numerous 
dasseSj even of His Majesty's Protestant subjects, 
of privileges which it confers upon the rest of the 
public, setting as it w^re a mark wjxm them, and 
keeping them bebwthe level of the commi^nity, by 
shotting them out from^ offices of trust and confi- 
dence in the cotfkitry.-^Whether these laws be wise 



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t0 MR. BSSKmE'S SFBSCH OK THB TITAI. 

(r'unwise,— ^whether they ought to be otmliDtted or 
abcdished, are questioos for the Legiskilure, and not 
for us; bat thus much I am warranted in saying, 
that it is the undoubted privilege of every man or 
class of men in England; to petition Pai4iament for 
the removal of any system or law, which either ac^ 
toally does aggrieve, or which is thought to be a 
grievAice. — Impressed with the sense of this inherent 
privilege, this very ConstitiMidnal Society, which 
is supposed by my learned friend the Attom^ Ge- 
neral to have started up cm the breaking out of the 
war with France, for the purpose of destroying the 
constitution— this very society owed it« birth to the 
assertion of this indisputable birthright of English- 
n^n^ which the authors of Uiis proiecution most 
?asMy. thought proper to stigmatiae and resist. It is 
jwell known that in 1790 the Dissenters in the dif* 
forent parts of the kingdom were solicitous to bring 
before Parliament their application to put an end for 
ever to ^1 divisions upon religious sub^ts, and to 
niake us all, what I look forward yet to see, one 
harmonious body, living like one family together. 
It is also well remembered with what zeal and eIo« 
quence that great question was managed in the House 
p( Commons by Mr. Fox, and the large miy<mty 
with which the repeal of the Test Acts was rejected; 
it seems therefore strange that the period of this re«^ 
jection should be considered as an asra either of danger 
to the church or of religious triumph to Christians ; 
nevertheless, a lat*ge body of gentlemen and others 



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OW TttO»rA^ WitLKSE AND OTHXRS* Itf 

at Mancfaesler, whose motives I am ht frmn wisfakig 
todcratmizeor coodemn, considered this very wisii 
of the Dissenters aa injurious to their rights, and aa 
dai^eroud to the church and state ; — they published 
advertisements expressive of these sentiments^ and 
the r€3e(?tton of the bill in the Commons produced a 
society styled the Church and King Club, which met 
for the first time to celebrate what they called the^ 
glorious decision of the House of Commons in re* 
jeotiog the prayer of their dissenting brethren. 
. Cri^tleroen, it is not for me to say, that it was 
mjusi or impolitic in Parliament to r^ect the appli* 
cation ; but aurely I may without offi^ce su j^st^ 
that it was hardly a fit subject of triumph^ that a 
fieat number of fellow*subject9> amounting, I be* 
Iie^ve, to tnore than a millioa in this country, had 
miscarried in an object which they thought beneficial, 
jsod which tiiey had a most unquestionaUe right to 
submit to the government under which they lived $ 
yet for this caqse alone (France and every other 
topic of controversy being yet unborn) the Churi^ 
4Dd King were held forth to be in danger ; a so^ 
ciety was instituted for their protection, and an tini- 
form appointed Willi the church of Mandiester upon 
the button. 

pentlemen, without calling for any censure upon 
,this proceeding, but leaving it to every man^s own 
reflection, is it to be wondered at or condemned, 
that tho^e who thought more largely and liberally on 
subjects of freedom both civil and religious^ but who 






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aft MK. BRSXINB^S 89UCH OBT TXl TSfAZr 

ftnmd themsehres perseoited for senfehnciYts and con* 
Atofe the most avowedly legal and const^Qtional^ 
ihould associate for the support of their rights and 
privileges as Englishmen, and assemble to consider 
bow they might best obtain a more adequate repre* 
sentatioo of the people of Great Britain in Farlia* 
menb? 

Gentlemen, this society continued with these db* 
ject$ in view until the issuing of the proctamatioii 
against Republicans and Levellers, calHog upon the 
ffiagistrates to exert themselves tbrougbont tl'ie king* 
doQ] to avert some danger with which, it seems, our 
raters thought thia kingdom was likdy toibe viattedl 
Of thifs danger, or the probabilityof it, ^her genetmlUf 
or at Manchester in particular, my learned frielid 
has given no eindenee from any quarter but' that of 
Mr* Dunn ;-— he^has not proved that there has been 
in any one part of the kingdom any tUng which 
could tead Government to appretiead that tneetthga 
existed for the purposes pcnnted at ;— *but thai is oiA 
of the question ; — Government bad a right to think 
for itself, and to issue the proclamation. — ^Tbe publi- 
cans however (as it appears upon the cross-examinar- 
tion of the witness), probably directed by the ma- 
gistrates, thought fit to shut up their houses opened 
by immemorial law to all the King's subjects, and to 
refuse admission to all the gentlemen and tradesmen 
of the town who did not associate under the banners 
of this Church and Kingclub.— This illegal proceed* 
ing was accompanied with an advertisement cont{iin*» 



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fTf THOMAft m'AlXXR AND OTHBB8. 49 

tng a ^v^ehement libd against all those persons, Who^ 
^nder tlie protection of the laws^ Cbonght themsdvet 
estnuch at liberty to consider their varioos prirtkgeSi 
ias others were to tnaitttain the establishment of the 
church. — Upon this occasion Mf . Walker honour* 
ably stood forth, and opened his house to tins Goni- 
Mitutional Society at a time when they most oCher^ 
mile ha?e been in the streets by a combination of 
^le publicans to rqect them.-^Now, Gentlemeoi I 
jKit it to yon as men of honour, whether it can be 
jttstly attributed to Mr^ Walker as seditious, that 
tie (^ned his house to a society of gaitlemen and 
tradesmen, whose good principles he was acquainted 
^th,-— who had been wantonly opposed by thb 
t^urehand King dub, whose privfteges they had 
taev6r invaded or <]ueMioned,-*--and against whom, in 
this day of trial, there is no man to be found who 
kMi Tbme fcH'ward to impeach any thing they faava . 
dMe, ot* a ^IlAble they have uttered. Vehement as 
the desire mMt apparently has been, to bring thSa 
jgentieman and his associates, as they are called, to 
justice, yet not one magistrate,— no man of property 
tor figure in thi* town or its neighl)ourhood,--*oo 
persofi having the King's authority in the county^ 
has appeared to prove one fact or circumstance from 
whenee even the vaguest suspicion could arise, that 
kny thing criminal had been intended or transapted: 
-*-no constable, who had ever been sent to guard, lest 
the peace might be broken, or to make inquiries for 
i^ pieBervatibh ;«r-not a paper seized throughout 



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90 MR. brskinb's spejech on the taxal 

Eng1aifd> nor any other proseCutibn institoted ex-^ 
cept upon the unsupported evidence of the sam^ 
mifeerable wretch who stands before you:— the towh^ 
neighbourhood, and county, remaining in the sam^ 
]»^found state of tranquillity as it is at the moment 
I am addressing you. : 

Gentlemen, when Piirliament assembled at the end 
of 1792, previous to the commencement of the war^ 
these unhappy differences were suddeidy (and, as you 
will see, from no fault of Mr. Walker's) brought to 
the crisis which produced this trial :^— -a meeting was 
held in Manchester to prepare an address of thanks 
to the King for havii^g embodied the. militia during 
the recess of Parliament, and for having put th« 
kingdom into a posture of defence 1 I do not seek 
to question tlie measure of Government v/hich gave 
rise to this approbation, or the approbation itself 
which the approvers. had a right' to. bestow ; — but 
others liad an equal right to entertain other opinions* 
On all public measures the decision undoubtedly is 
with Government ; but the people at ahe same time 
have a right to think upon them« and to express what 
they think ; — rsurely war, of all other subjects, is one 
which the people have a right to consider ; — surely it 
can be no offence for those whose properties are to 
be taxed, and whose inheritances are to be lessened 
by it, to pause a little upon the eve of a contest, the 
end of which no man can foresee^ — the expenses; of 
which no man can calculate, or estimate the bloofd 
to flow from its citlamities. — Surely it isa liberty ^-^ 



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OF THOMAS WALKER AND OTHBHS. Si 

cared to us by the first principles of our constitution, 
to address the Sovereign, or instruct our representa- 
tives, to avert the greatest evil that can impend over 
a nation. 

Gentlemen, one of those societies, called the Re- 
formation Society, met to exercise this undoubted 
privilege, and in my mind upon the fittest occasioii 
that ever presented itself ; yet mark the moderation 
of Mr. Walker, whose violence is arraigned before 
you.— vThough he was no member of that body, and 
though he agreed in the propriety of the measure in 
agitation, yet he suggested to them, that their oppo- 
sition might be made a pretence for tumult, — that 
tranquillity in such a crisis was by every means to b^ 
promoted, and therefore advised them to abstain 
from the meeting ; so that the other meeting was 
left to carry its approbation of Government and of 
the war, without a dissenting voice. — If ever there- 
fore there was a time when the Church and King 
might be said to be out of danger at Manchester, it 
was at this moment :— yet on this very day t\ief 
hoisted the banners of alarm to both ; — they paraded 
with them through every quarter of the town ;-^ 
mobs by degrees were collected, and in the evening 
of this very eleventh of December, the houses of' 
Mr. Walker and others were attacked, You will 
observe, that before this day no man has talked about 
arms at Mr, Walker's: — if an honburable gentleman 
Upon the Jury who has been carefully taking notes 
of the evidence, will have the goodness to refer to 



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ML M£. BB8KIKfi*S &PJBECH ON TJH^ TJUAL 

tbem^ he will find that it was not till near q, week 
after this (sa Duun expresses it) thai a single fire- 
Jock bad been seen ; nor indeed does any part of tbe 
evidence go back beyond this time, when Mr. 
Walker's house was thus surrounded and attacked by 
a riotous and disorderly mob* He was aware of the 
probable consequences of 6uch an attack ;— he knew^ 
by the recent example of Birmingham, what be 
and others professing sentiments of freedom had to 
expect ; — he therefore got together a few fire-arm8> 
which he had loi^g had publicly by hltn, and an in- 
ventory of which with the rest of his furniture at 
Barlow Hall, had been taken by a sworn appraiser, 
Jong beforp any thing connected with this Indictment 
l>ad au existence ; and with th^^se, ^nd the assistance 
jof a few steady friends, he stood upon bis defence. 
He was advised indeed to retire for safety ; but know- 
ing his own innocence, and recollecting the duty he 
owed to himself, bis family, and the public, he de^ 
dared he would remain there, to support the laws and 
\o defend his property,— -^and that he would perish^ 
rather than surrender those privil^es, which every 
member of the community is bound, both from in^ 
terest and duty, to maintain. — To alarm the multit' 
tude, he fired from the windows over their heads, and 
dispersed them : but when, the next morning, they 
assembled in very great numbers before his house^ 
and when a man got upon the churchyard wall, and 
read a most violent and inflammatory paper, inciting 
the populace to pull the house down ; Mr. Walker 



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1 <Mr. I^OMAB WAI4KU AKD OTHERS. . 83 

went^oiil* Wftc^agst theof, and expostulated with them^ 
and asked why they had disgraced themselves S9 
mpoh by attacking hioi the night before; Mding, 
th$t if. fae had done any of theni> or any person 
whom, they kpew^ any injury 5 he was, upon proof of 
it, rea^y to make them every satisfaction in his 
pow!er:r^he also told them^ that he had fired upon 
them the night before, because they were, mad as 
well as drunk; that, if they attacked him. ag^in^ h^ 
would, under; the same circumstances^ act as .he h^d 
49ne before; but that he was then, alone and unh- 
armed in the midst of them ; and l( he had .don^ 
any thing wrong, they were then sober, .and had him 
oomtdetely in their power*. • . 7 

Gentlenfefi, this ]was most meritorious conduct* 
You aH live at a distance from the .metropolis, and 
were probably, theirefor^ fortunate enqiugh nqithei^ to 
be within or near it in. 1790, when, from beginnings 
smaller., than those which exhil^ted themselves ^t 
JBirminghao), qr even at Manchester,^ the metropolis 
of.th^ country, and Vvith it the country itself, had 
i;iearly;b?^n .undone: the.beginning of these things 
is the season for exertiQnt.I.shall never indeed forget 
what I have heard the late mild and; venerable ma- 
gistrate Lord Mansfield say upon this subject^ whose 
house was oije of the. ifirst attacked in London ; I 
have more :than, once heard him say, that perhaps 
some blame might have attached upon himself and 
Withers in authority, fpr their forbearance in not 
having directed force tp have been: a^ tkejirst moment 



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34 Mi. feltSKllCE'd ftraBCH OS THE TMAL 

r^elldd by force, it beit^ the bighttt tramaiiiilj to 
check the infancy of tumults. 
* Gentlemen, Mr* Walker'* conduct ftftd the dn- 
slred effect: he watched agairt on tfce I3tli6f De- 
cember, but the mob returned no more, atid the 
next mbming the arms were locked tip. in a bed- 
chamber in his house, where they have remained ev<r 
since, and where, of course, they never ccmld have 
been seen by the witness, whose whole evidmwe t?Mi- 
mences above a week subsequent to the l}th ef Decent^ 
Itt-^ when thetf were finally put aside. This is* the 
genuine history of the business ; and it tn«Btther^ 
fore not a Httle surprise you, that when the charge is 
wholly confined to the use of arms> Mr. Law shouM 
tiot even have hinted to ywl that Mr-. Waflter's 
house had been attacked, and tllal he Wa^ 4^veH to 
stand upon his defence, as if such a thing had Il6v0r 
had an existence; — ^indeed thfe armoury Vvtrich fmttt 
"have been exhibited in such a statement, would haite 
but ill suited the indictment or the evidence, and I 
must therefore undertake the description of It myselfi 
Tile arms having been locked up, as I tolJ yoii, fti 
the bedchamber, I was shown last week into this 
"house of consJ)iracy,- — treason,— and death, and saW 
exposed to view the mighty afifioufy which was to 
level the beautiful fabric of our constitution, and to 
destroy the lives and propertfes of teli • miHiotis df 
people.— It consisted, first, of six little ^vels pu*-» 
• chased two years ago at the sale of Livesfey, Haf- 
grave, and Go. (of whom wfe have all^ardsomuch), 
by Mr. Jackson, a gentleffnan of Manchester, wKo i$ 

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6^ jfMiAMM ^jihKJRn AND OTRER^. 85 

du> 0116 <3f the I>ef<in(Unt8^ and who gdv^ them to 
Master W^ery a boy about ten years of age;-^ 
aivWQhr^ yoQ ktK>w> aiti gtina sb called be(!au8e they 
leva opcm a pivot; bat these were taken off their 
pM|», were punted, and pat upon blocks resembling 
ttfifkigea^ heavy canndn> and in that shape maybe 
ftiiSy caled children's toy»; you frequently s«!e theni 
kk the tieighbdorhood of L6ndon adornii^g the house!! 
df sober eitiaeits^ wWo^ Grangers to Mr. Broli^ri and 
llis improvements^ and preferring grandeur to taste^ 
plape^thetn upon- their ramparts at Mile-End or Isi 
fingtonl Havingi Kke Mr« Dunn (! hope, I i^ 
ttttdblbUmh) nothing e}se)> having, like him, Served 
HfiT'lifi^esty as a soldier (aftd I am ready to serv« 
agmdf ttjrcountry*s Sleety should require it), ^ tooK 
iiAMTMitew of all I saw; and observing that the 
ifiusBk^of one of them was broke dff, I was ciirioui 
to* knpw^hdw fsn^ thiS' &mbu8 conspiracy had p^oi 
oeethtd; Und whethel* they had come into attion; 
whett I ftmnd the actiideifi had happened on firing 
a /fttt (U Ji[fh upon His Mi^esty's happy recovery; 
Sti 4hat they had been afterwards fired upod the 
PHUee of Wdes* birthday. These are the only 
tinleif; that, in the haiids of these conspirators, these 
esnnon, big with deistruetion, had opened their Itttte 
iiKMithS|<^onee* to commemorate the indulgent and 
bmigii fiiv^ur of Pr6vidence in the reeoi^ry of thii 
8i(»tefelgn> Mid onoe as a dbhgratulation to the Heif 
Apparmt of his crown oh the' anniversary of hti 
Wrtli. 

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66 Mu. brskinb's spebch ov thb tual 

I went next) under the protection of the oiaat^« 
{reneral pf this ordnanoe (Mr« Walker's chiinberr 
maid), to visit the. rest of this .formidable safny^ci 
^eath^ and found a little, moflk^toon about so b^ 
{describing it); I put my thumb upon it^ .wheii 
out started a little bayoqet like the Jaok^t^m^^boi: 
jivhich we buy for children at a Mt ; in shorty ndt to 
,weary you^ Gentlemen^ there was just 4iidb nftroA 
of arms of different sorts and sites fia. a man ctdlecst* 
ing amongst bis friends^ for his d^ence against 
tlie sudden violence of a riptoufe multitudet^might 
be; expected to have coUected: here h^ three or 
^ur rusty guns of different dimensions^ Md heft 
jind there a bayoiitet or bfoad-sword, covet^. c&H 
with du9t andrust^ so as to be altnoat undistibgiiiialH 
abie^ fcH-^ notwithatanding what;tbi$ in&mouswreilcb 
^ sworn, w< will prove by witness . aftet wltnese^ 
till you desire us to finish, tfaftt they wi^re prinoif 
pally collected on the i ith of Ddcember, thedty of 
the rioty and that frpm^ the 12th to the evimlng, or 
the 13th in the. morning, they have lain ontouditH^ 
as I have described them ;— th^ tb^r use begw tmk 
ended with tbe iieoessity, and^thltt; At^tm tlmt tim«-t^ 
the present, theve never ha$ begn ft &re-arfli in tlflt 
warehouse of any sort or, desqifftion. / Tliiis is. the 
jivhoje on. which. has been btiilt a proMeding.that 
might have, brought the Defendsinl^ to tbe'tpmiialv* 
fn€;nt of death,; for both the . charge and -the evU 
jlence amount tp, high ^trpa^ori^r-high trefisoii^ jijr 
deed, under almost every branch of the statute ;jiw:o 

.3. 

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'-'OP «IOMAS WALKER AND 0THEB8* SJ 

ihe facts amount to levying war against the King— 
hy a conspiracy to wrest by force the government 
but of his hands, — to an adherence to the King*s 
enemies,— and to a compassing of bis death, whicH 
is a necessary consequence of an invading army of 
republicans or of any other enemies of the state ; — 
yet notwithstanding the notoriety of these facts, the 
un-named prosecutors (and indeed I am afraid to 
slander any man or body of men, by even a guess 
upon the subject) have been beating up as for volun- 
teers, to procure another witness to destroy the lives 
of the gentlemen before you, against many of whom 
warrants for high treason were issued to apprehend 
thttn t Mr; Walker, among the rest, was the sub- 
ject of such a warrant,* and as soon as he knew it, he 
behaved (as he has throughout) like a man and aii 
Briglishman ; — ^he wrote hnmediately to the Secre- 
tary of State, who was summoned here to-day, and 
whose absence I do not complain of, because we have 
i)y consent the benefit of his testimony; — ^he wrote 
three fetters to Mr. Duhdas, one of which was de* 
livered fey Mr. Whartoni informing him that he was 
in London on his business as a merchant ;—*that if 
any warrant had been issued against him, -he was 
ready to meet it, and for that purpose delivered his 
Address where it might be executed. This Mr. 
Walker did when the prosecutors were in search of 
another witn^s, and when this Mr. Dunn was 
walking^ like a tame sparrow through the New Bailey, 
iM^t the puttie or some other expense, and aujfeited 

D 3 

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to go at larg^i thoi:^ ajTiqstie4 Upon a isrinimal 
c^rge^ aD(} $ei^t into custody up()er it. 

And to wl)9«t other cnrcuipat^tvces need I appeal for 
the purity of the Defendants, t^i> that, under thft 
t^harge of a conspiracy^ es^tqasive enpagh to^co^pr^ 
hend in its transactions (if any existed) ^e whol^ 
cpmpass of £;ngl^nd, the t^or of wfaip^ w?s to have 
been made by Mr. Yorke^ tbere has n^t. bew onf 
m<in found ^ to utter a syllable abpqt thcffH w nt 
one many thanks be to God^ who has so framed th9 
pharacterist:ics of Englishmen^ except the soli^ry in^ 
j^mous \j(^itpess before yon^ who^ from what I hflar4 
(Since I began to address yoii, m(|y luive ^fpokeo tba 
tfuth when he claimed my acquaintaiiqe^ fyi I ba^ 
reason to think be has «^ me before m a onvj^ivfitl 
court qfjmHce. 

Having now, for ti^e s^isfoctipn of the Defi»idf 
f nts rather than from the necessity of the case| giveii 
Ifou an account of their whole proc^dings^ aa | 
a^l es^bUsh them by proof \ let us examine thf 
evidence that has heeni giwn agai^ tbem^ and seft 
bow the truth of it pould stand wijth reasoq qx prc^ 
bability^ supposing it tp have been «worq to. by ^ 
^tness.the most respect^e. 

According to DupnV ow^ accQi;Hit| j^r. Walker 
had not beer^ at the ^rst me^ii^y so tlvit i^^^ be 
^st saw Dunn be did nf>t knp^w eithet^ his |iersoii of 
his name ; he mAght have be^ a ^y (Qod knpw«( 
th^ are enpw of them)^ i^id at that f^ison iui partir 
culatr^ mformer^ were b;> b^ exgec^ed t^eiMr* W^^^r 



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13 sui^jwed tp hf^v^ 8<u4 tq h^m, ^^ What ii yoiir b«p 
'' sin^ her^ V* to which be 3n$wei;edi ^^ 1 90 gfjk^ 
" to tl^e society," whiqh entitled him at oncp tP adr 
misisiQa witb«)9t. farther* cej^ony ;-^there was np- 
body to st^ liimi-f^was he asked his name ?"^was he 
hallotted for ?Tr-wa; hequestiooed as to hiS; principl(e3 ? 
No^ be walk^ in 9l^ onc^ ; but first, it seems, Mr. 
W^ker> who h^ f^ver befgri^ seea hio), inquire^ 
l>f htpi the Qev9 frpm Ireland (ohs^ving by bis voicf 
that be was ap lr\^hf(^n)j^ a^d asked what th^ yo- 
Jonteera were alpoitf , ^s If Mr. Walker covild possibly 
isuppo^ that, such a pcrspn was likely to have beefi 
in a corresppndei^ce with Ireland, which tpld him 
niore than report must havQ tpld every body ^$e* 
Mr. Dumi tfilk yoa indeed he was no such person, 
be was a friend, ^% he says^ to the Kii^ and Coi^* 
«Ut)i^toD, which Mr^ WaUfer .wonld b^v?; ^un4 ly 
^i^g aftother qwestiow ; l^ut, witbont fi^tber i«v 
qniry, be is sqppose^ tQ have s^d tP hip^ at on^i, 
" y^n rtwU overthrow the cpnstitution by and by j" 
whic^^ tb9 mom^i^t Dunn bad heard, up walked tltf t 
afl^(^icM|)ate subject of our Sovereign hard the Ki9g 
into Mr* Walker's bouse, where the constitution was 
.to ba so overthrown f but then be tel]s yoi| he 
thought l^ere was np ba^m to be done^ that it was 
pnly ipr tjheb^i^efit^lhe poor^ m;^ thepubUcgpq^ 
-.^but fapw cpiild be ^bink so after what be had Ih^t 
fipiomc^U heard i but he did not kupw^ it seems^ wb%t 
Mj{' Walker meant. Gentlemen, do ypu coUeal, 
fo>m Mf* DuQn^s discQtmse and dqK^rtme^t to^dajFf 

n4 

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40 MR. BRSKINS^S SPEECH OK THE TRIAL 

that he coald not tell but that a man meant good 
when he had heard even him express a wish to over« 
throw the government ? would you pull a feather out 
of a sparrow's wing upon the oath of a man, who 
swears that he believed a person to have been a good 
subject in the very moment he was telling htm of an 
intended rebellion ? But why should If ght a phah- 
*tom with argument ?— 'Could any man but ^a drivel- 
ler, have possibly given such an answer, as is put 
Into Mr. Walker's mouth, to a man he had never 
seen in his life ? However many may diflfer from 
'Mr. Walker in opinion^ every body, I belieVe, will 
'admit that he is an acute intelligent nuin, with an 
extensive knowledge of the world, and not at all 
likely to have conducted himself like an i^t. What 
Yollows next ? — another night he went into the ware- 
*fouse, where he saw Mr. Yorke called to the chair, 
who said he was going the tour of the kingdom, in 
order to try the strength of the difierent societies, 
to join fifty thousand men that were expected to land 
from Prance in this country, and that Mr. Walker 
then said, ^' Damn all kings — I know our King has 
'^'seventeen millions of money in the Bank of 
*' Vienna, although he won't afford any of it to the 
'^ poor." Gentlemen, is this the language of a man 
-of sense and education ?. If Mr. Walker had the 
malignity of a demon, would he think of ^ving 
effect to' it by such a senseless lie ? — ^When we know 
that, from, the immense expense attending His IVi^- 
jesty's numerous and tUustrious family and the git»it 



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OP THOMAS WALKBR AND OTUSRS. 41 

necessities of ihe state^ he has been obliged over and 
over again to have recourse to the generosity and 
justice of Parliament to maintain the dignity of the! 
Oown, could Mr, Walker ever have thought of in- 
venting this nonsense abont the Bank of Vienna, 
when there is a Bank too in our own country, where 
he might legally invest his property for himself and 
his heirs ?. But Mr, Walker did not stop there ; — ^he 
went on and satd, ^< I should think no more of taking 
^^ off the King's head than I should of tearing this 
/* piece of papen** All this happened soon after hia 
admission ; yet this man, who represents himself to 
you upon his oath this day, as having been uniformly 
a friend to the constitution, as far as he understood 
it ; — as having left the society as soon as he saw their 
mischievous inclinations, — ^and as having voluntariljf 
informed against them, I say this samis friend of rfta 
constitution tells you, almost in the same breath, 
that he continued to attend their meetings from 
thirty to forty times, where high treastm was commii^ 
ting with open doors ; and that, instead of giving in- 
formation of his own free choice, he was arrested in 
the very act of distributing some seditious publication* 
Gentlemen, it is really a serious consideration, 
that upon such testimony a man should even be pot 
nppn his defence in the courts of this country ;<~ 
upon such principles what man is safe ? I was in-- 
deed but ill at ease myself when Mr. Dunn told mt 
he knew me better than I supposed.— What security 
^lare I at this moment that he should not swear thit 



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|ig MR. S|b#|^IK9'» »PS£Cii ON tK« TJUAL 

^had mi^tine uoden^ooie gateway 'm Jjanpaa^r^axKl 
^hat I hadsaid to \\ifn^ /^ W^ll» Puao, I hope you ^ 
'^ pot swear against Mr« Walker^ but that yoq will 
/^stiqk to th« good cau^: damn all kings t dairo 
" tK^ cq^stitution :''r-,if the witneas were now tj> 
fwear thi3, intpgaol I must go; and; if my CYx^nt if 
»9 danger from w^at J^as boei^ swprn against Aiizi^ 
jWhst safety would there be for «^?— the evidepipp 
would \>^ (equally positive, and I am totigally an ob)e<;t 
of fiuspici^ as Mr* Walker: it is $aid of him, that 
b^ baa be^n a member of a society for the reforno of 
PaHiameot ; so liave J, andao am /at this moment, 
4«a4 ^9 At all hazards I will ooatinue to be, and I will 
4fill ypn why, Geotleffien— because I hol4 H tP be 
i^smtial tp the, preservation of all the ranks and orders 
.of (he 8tate,*r^ali);:e essential to the prince and to thp^ 
^ople : I have the honour to be allied to His Mar 
jestty ip bloody and my family has beci^ for centurii^ 
a part q£ wliat is now called the aristocracy of t)^ 
.country; I can therefore have no interest in the dcK 
.^ruction of the constitution. 

In puraqipg the probability of this atpry (since ^t 
must be pursued), let us next advert to whether any 
^^ing appear^ to have been done) in other plfioes 
w.bicl^ might have beea exposed by this man's infioriq- 
^ion. The whole kingdom is und^r the f|ye and 
^^mi^qn of magistracy^ awakened at that tipfie to aA 
.^Rtraordiuary vigijance ; yje^ l^s my one m^n hej^p 
iiff esXed ev^ upon the ^fppon af any corjre^ppnd* 
.|i^ee wUh ih^ fiooieties of Mandiester^ gpod^ \>9d^ qt 



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, OP THOMiAS WAJ.JCBR AKP .QT8JPt«, , 4^ 

lodifl^Qt? or has any person within the fopr sea$ 
^metg swear that any such correspondence existed? 
go that you are desired to believe, upon Mr. Ddnn'^ 
single declaration, that gentlemen of the descriptiou 
I am represienting, without any end or object^ or 
pdffpert with others, were resolved to put their, livey 
ipto the haods of any oiiscreaBt who ijiight h^djs^ 
posed to swear tliem away, by holding publicineet.- 
ings of Gonspimcy with op^n doors, and in the pre* 
s^ce of all mankind, liable to be handed over to 
justice every mooient pf their lives, since every ta^ 
g^ the door might have introduced a constable at 
readily as a member; and, to finish the absurdity^ 
ik^^ gentlejpen are made to discourse in a manner 
^h»t .woiild disgrace the lowest and most uninformed 
plasses pf the community. 

Jj^ us ne3it see what interest Mr. Walker has in 
the proposed invasion of this peaceable country : has 
Mr. Law proved that Mr. Walker had any reason to 
ei^pect protection from the French from any secret 
cprrespondence or communication more than you or 
I have, or tb^t he had prepared any means of resist* 
ing the troops of this country ? — how was he to have 
welcomed these strangers into our Iand?-«what, with 
this.4^en of rusty muskets, or with those conspira* 
lors whom h^ ewrqised? — ^but who are they?— they 
are, it seems, " lo the Jurors unknown," as my 
learned friend has called them who drew this In-- 
diOment, and he might have added, who will ever 
revmn t^T^ntrnm tQ them.--^B}ii has Mr. Walker no» 



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44 Mti. £BSKII7E*S fi?££CH ON THE TRIAL 

thing to lose, like other men who dreaJ an invasion? 
He has long had the acquaintance and friendship of 
some of the best men in this kingdom, who would . 
be destroyed if such an invasion should take places- 
Has he, like other men, no ties of a nearer descrip- 
tion ?-7-Alas, Gentlemen ! I feel at this moment that 
lie has many : Mr, Dunn told you that I was with 
Mr. Walker, at Manchester ; and it enables me to 
say, of my own knowledge, that it is impossible he 
could have had the designs imputed to him. — ^I have 
*been under his roof, where I have seen him the hus- 
band of an amiable and affectionate woman, and the 
happy parent of six engaging children ; and it hurts 
me not a little to think what they must feel at this 
moment, — Before prosecutions are spt on foot, those 
things ought to be considered ; — we ought not, like 
the fool in the Proverbs, to scatter firebrands and 
death, and say, *' Am I not in sport?** Could we 
look at this moment into the dwelling of this unfor- 
tunate gentleman, for so I must call him, I am per- 
suaded the scene would distress us ; — his family can- 
Dot , but be unhappy ; — they have seen prosecutions 
equally unjust as even this is, attended with a success 
of equal Tnjustice, and we have seen those proceed- 
ing?, I am afraid by those who are at the bottom of 
this Indictment, put forward for your imitation* I 
sa\v'to my astonishment, at Preston, where, as a 
traveller, I called for a newspaper, that this immacu- 
late society (the Manchester Church and King Club) 
"had ia meeting lately, and had published to the world 



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Ot.THOtfAi WAU»l Aim <KrwiB|h': W 

tUe toasto aod seotioieotsi^hich they dvitok ; Xwm 
of liieaiil lUge)-. Mome- of tbein deseiv« n^piM^Niti^O ^ 
« Thfe Church and Kiog ;• • very weU. •* Thej QtiNa 
f^wd Royal Family ^ be itap^ "The Ouke of 
'M5ork and the. Ar^y ;" be. it, so. Bat whfitr4p y*»t 
thkikLcacnpnexi? ,,, . ., ,- :, . •/ 

. (Httre Mr. Justice Heath interrt^ipd Mr*\Ef(kifif^ 
kjfj^ai^g, ^'Jffe we not. tg goin^ thUi ofwlnch^ffiw 

Mri Erskine* I. dop't kbow .what effect, ik^ 
/pid>Iiaations .may have upon /the adiiiuiistRilim ^ 
jwtice; why drink " The JUryi H^^^M^e.r^aai^;,!^ 
f < Cofi^r^ q/* Jtisiiciary in ScQtiand,'' jujit wbeq ,yo«tfl 
iMT^ship is called upon to administer juati^e aeepr4r: 
uigil<>:the laws QfMngkmd; if I bad.9ee9 ^ Kwft 
and hia Jodg)0S\upoii the Dorthern circuit p{ibli$be4 

83ta..tOast*rT-rr?-, - . • J . ' :. 

. M Mr. Justfoe Jhath. You k.Qow.. yoa r Q^m^ jiWi^ 
thiit in evidence. jt j .,.: •^^ 

• Jl^. Mrj^Hne. . . GentleiQan^, coni£dering/thfr>8itli«-» 
li^o. in\ wbic^ my CKent9 a^nd.at thto immntMt 
C3^(neased the, idea/ which iK^eurred to ^ine^faodwl^^ 
I .Uwju^tit right not to.suppre^s :--nbat let jit ^auiirrn 
thia ib: llttSt . the . oi.«aient . for cq«i^roveray5;*T^t( i^ VE^ 
Vriterest id .^hmit to any course his JjQrd8t|i)i,i9ay. 
think proper/ 1^ dictate ; jthe evidew^ is ^NKe^jtiMn 
ewupgh for my.pttipp9e;--Hio,ipfMi4y.impix>bftl*^^ 
CQ9^wy .tQ evi^ry thing in th^^course; ofi J»upwik 
a^H»,xihat4.knpw.>!pu willrej^Jtjj;, evwif it-«t9«^ 
VP««t!w<*Hri;cwb»t th«,will jipiiosay, wbienjtsWfc 
prove to you by the oaths of the various persons who 

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Mtendtd lliMe sMi^iiw^ tfatt tm fiPOpbriftioiMi of <ii* 
ioft rnsifiuated by this witmiBs «v» als):dd (i^Mhtt 
«Mi4^ii^^^retitIy^ mdii«etly, of iny iil^ tehieticf*, 
#asv ^et whispered ;«'-^M ibeir red 6bjeits> fM« 
just what If9et6 openly^ professedy be they rig^ 6t 
wrong, be they wise or mistaken, namely^ fH(fa(tmd^ 
ib>n in the constiiuium of iA# Howe* of C9mfn0is, 
wilMi'iiiy leartied fi^nd admttted they had 4 r^gbl 
by constitutional means to promote;<^Tht9 was: ^}f 
«l|j«iQit ;^ihey neither desired to toudi the King^s 
JtttllMityi nor the existence or privil^es of Htm 
lldu«eofLord9; but they wished^ that those nttitfe«. 
teiast: classes of tKe community » who (by thlsfa#as 
it now stands), aroi excluded from any share in Ilia 
tfioioeof members' to the Pirlianiettty should h9re 
ati equal^rigtu with ^thet^ iu cM^rns where timt 
interests are equal. Gentlemen, this v ery &tctktf 
IbrmsliteS'i^fMiijidfr instanoe ; there aipe> I bdie^re^ 
at least thirty thousand freeholders* iier^ Laticashmi 
ettH' 0f'vAM>m* has a vot^ (br two iYieitU)eriri of 
larlianoeviti and diere are two boroaghs wi«bifi» if>^f 
liin^Make n^t), GRdiero and Newton, oomtamkig/s 
handfal ^ tneii who are at the h^dk of two huthi^ 
4^/^,^ ycittheMf two 4i«tle pkioes send for tbettisdfee; 
du^ifttH^fir ih^isie two p^rstms, Kvk> ^hfetnbers emliy 
«ihid<tliakea four i^g^nst the whole powet! andlMeu 
Mfcteof thk cocmCy iift Parlfaraietit, to^ichitiganyiiittti^ 
iGfre, Ihow' deef^ly- sMter it may ooncerii tbetr pitSM 
^^ity. Can thehe^beatiy offi^n^e in deetii^<toge«^ 
tl^Ndb consider ^fte^ nepres^ntaticm to Pul^mk&a^ 

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^ Wi ItBfifKA*^ WAftlfttt Aim ««ifkBi. Hlf 

itigg@Btiiigrtfie iMte4Mi ojf oltDiatloti sitidttriehibnast 
ill syoha^i99<«iii?< : / / 

hUtj am b0no^fhMe. ' . / 

iiir. Brskine. Gm\i\^PikiM, I tacpecftod tbiit infienu 
^ptiMi fMisa^ th# kaifttt^ ^{ the Judge $ cect^iidf it 

liafihg^ddw €!Xf osed tlM^ivMldtWSS of SiimtTt>qw* 
4^c$i. frtkk^its iown itiCriiateie' dtt^s^ latKlfdom ^ 
positive contradi^tiot) ev^ fMrtf of it i«. te» iJamm 

«i»e p6^tif»b *4nd uiieqiii^bd^^isdiflMdkkilni iiftidi 

¥l>u i»dOle«klbef that t Pti))6iUodIy aftked hU fcbsdicr 
lie ted M>tMc^le«sed> that tiior «^hole faesliAl bu^ 
«iMiay ^ att^ily felteV widMftfatr he faaldrMt-ooak 
fem«t tt-td^ s6 with teatd <»f tontrition) avid ithck 
tber he hid lidl kneeled 6bwn before M^w W^aMcor^ 
lo . im^teUr^^ ht« foi^ivcintes; My leai-iimir 6ieiid^ 
iuiowtiig' thKt this would te proved 'upon'l^mV;A»fe^ 
a shr6wid and artful observation^ to ULVfoiA thereflfeeto 
^fit;-^be silM^y that such thmgs had fidbin often 
binder the observation of the Goart upon Ibq dtcoil^ 
nrhere witnesses had beeA ^i^awn into spiitar'smirei 
%y artful people td invalidate their- te8tittiOdyj;-*-tlii8 
'imy be lru6, but the answer to^Us application. ife, that 
notoilly the witness himself bad pogitivdly -iteiiiM 
that 4fty aueh anarfe was laid fof him, liut th%:wie- 



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nemm Lbuve to calU both io mitiecfc oTntiniber.mA 

credit, will put a total end to such a si^ggettiom Jf 

I had indeed but one witnesa, tny friend the Attpr- 

fiey General might undoubtedly. put U to yoa in 

reply, whether his or mine was to be bdieved ; but I 

^ill caU to yon, not one but four or Jw^ ; Or, if ne* 

ioesfiaiy, wp tvitnesm, .abotjb ali. syspicxoK^ j« 

mhom prlsiqiRe Dunn voluntarily confessed the faj/ier 

hood of his testimony, and, with teara of apparent 

-sepentanoe, .offered tomake any reparation to these 

injured and unfortunate Defendants.'rrThis I pled^ 

mysdf la prove to joouc s^isfaction* 

. . fientleinen, the ciloei^fe: of all public trial a|i4. pu<* 

aiisihneid is. the sectm^of mankiod in social Ufe» 

-WeiMhot assenadaited Jhere for the pui^ses of viieiih 

Tgrndoi knt fcur the: ends of justice ; — b^^give %nflf- 

;^Uity: ioliuaiah life, wbich is the scope of al) goverai- 

-mentJUKlIlaw (*— yoU willt^ke. care therdbce, how« 

•m tl)^ very adroinintration of ja^ttce, you di^ppoin); 

Ask wliich IS the very foundation of its institutbn $ 

.t^yoik ^Ul tiEike care, that iji the very inomentyou 

:drerlrymg a^ man as, a disturber of the ipublic bappi^ 

(ijiess, yoii do.notvviolatf^ the rules which secure it. 

: Tfae:Iatt: evidence I have been stating oyght by itr 

feif to put ttt instant <^nd;$q this cau$e :. I remember 

in case, verjl lately, wjb^0b was bq brought to its cqn^ 

dusion, where, upon a tii^l for peijury of a ivitnesis 

who had swofn agaiQst a captain of a vessel in iUp 

J African, trade, it appeared that the witpes^s, who 

-swore to the perjury agaimst. tb<? defendants^ 'had 



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tllMiMlfcs^iihuite dtf ibdiite dtfcltiiltioiis, l;i4lidi>t^ 
teriflSy d^dl Wkh thidteMifitotiy they wei^giviil]^} 
Ltird ItisnyM, «rhO trittd the ttuse, woold aft^ thif 
)Mt)diM 110 farther, ind taked me^ who wis ooomel 
(bt the pro$eeuticM, whether I woatd urgd it Aitthtri 
ttyfttg empbetieiliy, what I hdpe etrery Judge midirir 
Ifhtaihr drdum^tatieet Win think it hk duty toity 
tho, ^* No mlbi flight br cati be convicted in Eogu 
^* iMid, unte^ the Jodgie tuld the Jury hftve n ,;&M 
^ aMtnant(t th&t inndcen<^ eanhot by any po^lxlity 
^< be the victttn of M^ood and injuAtce.** And 
h6w txM the Jnt^ ot his Lordship bdre that as&timtKtt 
here^ v^hen the only fldUfce of it id brought into such 
^erioM donbt and question ? Upon the whole, then» 
I caiihot hdp hoping, that my friend the Attorney 
Oenefal^ when he rti&ll hear my ptt^4^ will ftel thM 
a prbsedition like thid ought not to be ofic^red fyi 
^ sea! and ssnctiM of yonr yefcfiet.-^Unja^t jpro^ 
etftietia lead to the ruin of all government*.-— Who^ 
evei^ wiH lo6k back to the histctfy of the world ih 
getieral^ and of our own particular countryy will b6 
convinced, that exactly as prosecutions have beett 
emel attd oppressive, ai^ maintained by inadequate 
and uflrightebus evidence, in tlie tome proportion, 
Attd by the Mme means^ their authors have been Hf^ 
Mrtty^^lAttead of being Supported by them.-— Aa 
t^Hin lii the principles of iMr ancient laws have beeix 
A^tMrfed fNin iti weak and wicked times, so t^di 
tHet^yvertaments that have tblated them have been 
luddcAly drambled into dMt ; and therefone wishhig 

TOJU. III. n 

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60 MJ|t-BllS|^lNB*8 SfBBCH ON THE Tkt^L 

u I ihortfiinoerely do^tlie. preservation andpro^- 
rity of our happy conBtitutipn^ I desire to ejrUer injf 
protest against its being supported by means that 4Uie 
likely to destroy it. — ^Violent proceedings bripg on 
the bitterness of retaliation^ until all justice and mo- 
deration are trampled do>yn and subverted ;-rr;witDess 
those sanguinary prosecutions previous to the. awful 
period in; the last century^ when Charles the First 
fell : that unfortunate prince lived to lament those 
irindictive judgments by which his impolitic^ infa- 
tuated followers imagined they were supporting his 
throne : — he lived to see how they destroyed it ;— hia 
Ihrcme^ undermined .by violence^ sunk under him; 
and those who shook it were guilty in their turn (such 
is the natural order of injustice) not only of similar 
but of worse and more violent wrongs ; witness the 
ilte of the unhappy Earl of Strafibrd^ who, when he 
could npt be reached by the ordinary laws, was i(9- 
perched in the House of Commons, and who, whei^ 
§tHl:b^Qrid the c^nsfequences of that judicial prp« 
ceeding,, was at last destroyed^ the arbitrary yjoicked 
fftandcUe of the Legislature. — James the Second lived 
{p ask assistance in the hour of his distress, from those 
who had been cut off from the means of giving it by 
uogust prosecutions ; he lived to ask support /rom, 
^ £arl of Bedford after bis son the unfortunatiB^ 
Lord Russqil had fallen under the axe of injustice: 
\^ I once had a son," said that noble person, *^ w4ia 
*^ could have served your Majesty upon this occa-*^ 
^^ sipn,'* but there was then none to assist him. 



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. .6f. THOMAs WAtKER AND OtlifeR^ * * ' - H 

' I'cannot'possibly'teli how others f^ upon th6^ 
salqects^ bat 1 do know .h6\v it is thdrinter^t-^t^ 
fed. conoerning tbero ; we ought to be perjoaded 
that the billy way ;by vrtiich GovertimeAt cati be4io^ 
nouraUy or safety eupportted, is • by cltfeVatiDg Hw 
loveatKl aflftctiun 6f thfe people i-^by^hbwing<th6m 
the value of the constitution by its prctedtion ;^by 
malfing them. understand its pi^inciples by the practi- 
cal benefits derived from tHem ; — and 'above al}, by 
letting them feel ttieir security in the administration 
of law and justice. — What is it in the present state of 
that unhappy kingdotn^'the^contagion of which fills 
us with such alarm, that is the just object of terror? 
>-^what,'but that accu»atioh and conviction ^r^f the 
same^ and that a^ false witness or power' ^vithouf evl^ 
dence is a' warrant for, dratk \ Not so her^ i-^loiig 
may the countries dUKeSrf anJ^ I aih asking for no- 
thing mor^ than that yob shoold deQide according 
to our own wholesome rules, by which our gdvem^ 
ment was established, and by which it has been ever 
protected. — ^Put yourselves. Gentlemen, in the place 
of the Defendants, and let me ask, if you were 
brought before your country, upon a charge sup- 
ported by no other evidence than that which you, 
have heard to-day, and encountered by that which 
I have stated to you, what would you say, or your 
children after you, if you were touched in your per- 
sons or your properties by a conviction ?— may you 
never be put to such reflections, nor the country to 
such disgrace! The best service we can render to 

% % 

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Ae |niUie U^ that we Bhonld live like^ne hnvKmibua 
knSiy^ ik0t mt ahovld iMUiiih ell MioMiitieft, Jee* 
looftet^ end empictons of oee etothcr; end tlirt, 
Hmng under die froteetioli df a iniU and in^aniBl 
jnttioe^ we ibould endeateor, with one hent/ Msoord*** 
i^g to otur bdftjodgnientaf to advance Clie freedom 
Mfti nuMlnm the t6corft|f of Great Bittri 

Gcatletten^ I ■will troeble yoo too fbrther; I am 
afbid indeed I have too long tieqwasedon your pa^ 
taencei I "tfnA therefiMe proceed toioall diy witneiaea^ 



On ihe ^afninuii&n ifth mitmm.^ to AewMi^Pi 
mntiMddijfMr. Enkim ih his Speech, ikeminm 
far tie CraUm, ThmcaDmIn, iea$ eo eniirety «o^ 
iradictei^ tkai Mir. Law himpesii^gf 4n ike limner 
^iiOei m tkepr^aoe, ihe 4rmlettdei^ imdMr. Wcikffr 
and 4he eiber D^femkmie 'were acfiUmd, 



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TBS 
Of 

THOMAS HARI>Y> 

FOR HIQH TREASON, 

AT TBI tfttlOHl^ ■OOtB tV TMS OVP aA«.tY. 

«f Namab^r^ 1794. 



SUBJECT OF rm TB,14L, 
pnptmng Ag mtrtduQliotk (q Jiir. Bn^*s Spetdi 

Jk mas' <nu^ wigmal imtmd«v, «r we hm» h^ne 
tutted, <« fUnu puili$hitd suth ^ Mr* J^rcliwtV 
^^«&«t wwefwarttiJbk ta €ttUe^ i^tht *«m»mmafr 
mt iiac« ^l4s JU!w<er rfth IMts m Jrehmi kad kem 
pJHkd w JDublm, wAtei kit «" <"' ^^o*w taid,t9 the 
ppm»t pukUoathi^tr-pr^bBiag 9iify, «* in that «0t> 
iirM|foi^ « «&orl aeumt of tie wctukm oa vldchtk^ 
were delivered. Bttt as we advanced in the teoiri, we 
fimtdwmifl/kSfmekee^ w^«Amh^c<ilhef0d»*o 
tkmjg m m Ht t d mtk peHtM dij^enem inemeitm 
1km*, iM* <• Mutidmm^ the afiftet^'wiifi ifjmrtiali^, 
wf iftrngf 4&dir» ia render the vmh tn^mm^tt to the 
een»unfnif » mem nfwj^ partkular ftkt* of ptreenff 
hmmm epdmmt » > lo A o t ygi/^ la m»iA th» nrnf ditttmt 
•ffmnam p/mttring into the imfwiM or Wfptmi 

B 8 

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54 TKIAL OF THOMAS HA&OT FOR 

designs of the persons prosepuiedky Government^ and 
defended in the Speeches in question^ we found it ad- 
visable, became in those instances practicable, to print 
not only the ^peechosfbr the Cfoumj bffit the tfhole sub- 
stance of the evidence. This could not be done, upon 
the present occasion, without printing the whole Trial, 
which occupies three large volumes : yet, to give to 
Mr* Erskine^s Speech — the publication of which is our 
principal design — its true spirit and effect, we found 
that it would be necessary to explain the nature of the 
arguments^ it opposed, and of the evidence which it ap- 
pealed to, and had prepared a concise statement of the 
whole cas04-^Stili apprehensive, however, that we 
must be suspected of leaning to the side of the parties 
accused by Govemment^-^and be charged with giving 
a garbled publication from motives foreign to our pro- 
fession, we resolved to print the entire Speech of the 
jittomey General, in which he detailed the whole body 
of the evidence, and also the l<m respecting high trea^ 
Sony as he meant to apply it against the Prisonere^ 
which, with the answer to it by Mr. Erskine, brings 
forward tfte whole outline of this interestir^ pro^ 
ceeding. ' « . . t 

Never, perhaps, were any persons aceftsed of high, 
ttedson (certainly not since the government beeame 
tattled at. the Revolution) exposed to such great d^ff^ 
cutties in making their defbnce.-^Jtwill be seen Jy the 
following Speeches, and by the Indictment prefixed io 
tkewy that the Prisoners were charged mihcotfipstssing 
and ' imagining the death of the King, jhe avert jt(ct 



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* HIGH 'ntEASOV. • 55 

bdngdtdnipitacyi'oMchy though r/kuked under llk^ 

pretence of procuring hy legal means a reform in tH 
Commons House of Parliament y had for its real olh 

Ject the subversion by rebellious force of (he tvhole' 

frame of the constitution of the country. 

In support of this Indictment it mil be seen by the\ 

foltsmng Speeches^ that the evidence for the Crmotp 
was dkoidedinto two distinct branches, viz. to establish r 

first y that such a conspiracy existed^ andsecon^^ 
topraoe that the Prisoners were parties to it.^-^This 
course of proceeding had been sanctimed by the ofd*^ 
nicns of the Judges 6pdn other trials, but the adoption 
of it upon this occasion, homeoer legal, undoubtedly 
exposed the Prisofiers to great peril of prejudgment^ 
because almost the whole of the evidence given by the 
CrouTi against them had been collected by both Houses 
if Parliament just before the trial, and printed by 
their authority, and a Statute * had even been passed^ 
declaring that the treacherous conspiracy which con^ 
stituted the first and very important branch qf^ the 
evidence, did in fact ejnst within the kingdom^^^Wt 
say a wfry important branch of the evidence, becausk 
undoubtedly, if the Jury had eomidered that the m« 
dence supported the truth of the preamble to the Act 
sf ParHament, the Prisoners must have been in a 

* 34 Geo. I|lt c.^4/ The pceamUe to |he Bill itatei> that 
*' whereas a treacherous and detestable conspiracy has been 
" fonned for subverting the existing laws and constitution^ and for 
** introducing the system of anarchy and confusion^ which has so 
'^ lately prevaifed hi Fitoeer* Iro. . . 

« 4 



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«i w^ifim of ktmg <aig«g04 in (hf«ktv€ t^n^tKijit 

With regard t» th» 4ft iff JP^adHtmffti H « jj». 
pmHk » m (hi «m hmtk Ut 4ngr (hf tmrtittiti0uU 
mmpttaiof ^ P<Hrfi0imi (« d9fifar§ fhf ffkNmt ^ 

^ tktsqfcty, hU tie my mftatnajthtt Staiti,'^ 
On tie oA» kmi, (kfptrwm wb9 mv kcmfi p4^ 
MMjoM ttmuphhttt mid k w^tetfid t^ jn^ih fr9^ 
HUUim i» cmKfumoe ff mtk kgkhtwf pfvfm^ . 
i$»g» ame ia « triai umkr mm^ mwnmmifii'k 

Utarnnt kni aaHiKtH tmiionismg^ thi gf^tkr ptrt 
4 tkt mritkn ^vid»m afttrv9r4fpmfiMi^ tH 
Cmm «gmmt tkc Ffimmti m4 m tkt pnm ik^ 
ika Mt k«d gifoen U (hf fh9t^Wff 4 det^tt^^ 
efmfhra^, tfntketrttktmm^jf* ^tthmtgh^t/fhtit 
ifloi abwu^ *tati4y tkf iofmnf ^ tkt Jfwy 9Mf |9 
ktiniie4iitt«imhrwofmr^vp9iix W ktt ^ ^%mi' 

iuvaufed in ParUantnt wtd laiilitktiL tubiiaHtiiiitd 

ihtdtekviHimfnadi vti^pnemkk ^MHfMUt, ^ 
the exist&m eftuch a t^mxpvracif to nAnxrt the Go^ 
vernment; andteiomtt^, vAeiher the Priatmcrt had 
a^ and what share in it.'^N<m it i* w»i okoitm^ 
(h<ft if, k d^erenfie tQ thdjtii^immf of jPffrimaH^^ 
fhejrtt part of thit dhmn kii>im,fi!md A^ th* 



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5f 

Jiay, and the lam of high treason, as stated ty tke 
Cmil^orlhfOnfm^kadietn^aii^^l^tit^r^ 
€«M Korc^ baue had «ti^ defence, as they fhen 
must have been taken, vpon the whole of the evidence, 
to haue been prixy to procee ding s throughout the whole 
kingdom, directed tnthe mioertknofthemonmrchi, 
and destrvtHiMi ^tU Xmg, 

jtU that can he saidvfmm snch a case is, Jlrst, that 
dtpendence nuut be had vpon lie saertd trust of 
the Legidature, not withaid ufgent nteesoh/ to adopt 
such appoceodk^i andcm^ktfyta eandder Ae fair 
vank of ikt viidmffit when made the Joimdatiim ef 
VkAckff Foflimneni i and-^ecwdfy^ that tki.Briikik 
oantlitttfienpfomdeo^rthosii^ktst^^mk^havt^^ 
ha^iphm (a Um under its praita^pn^ by gimg t» 
twelve men, to be taken /vomtkt nifw ^th$ p^sfd^k 
<4e prhfU^ gti^h^dwytasttip^judgmmA^iim^dl 
thtit tM anAtiritit qfParWmmti m/ey hm/9 dvaded t» 
botha&et, aid «M that the^ hofning efthit fydgn 

In «ia( n^ot, nham^ nn^ ^ <A« munM tjfttit 
mm, md^m kaHm m^ amiM tk» vme^ tfjudgmmtt 
MiAjSvf wm»y, 4mi bo thmprenai&nf i^tntm em* 
umm^ if; tkt tmi fy Jury mm etm b^ deoff 

«frd«f vwmragenmi ta mhttwer sfArik ^ mditim 
*^ ham enimd Al th$i period, proibt^ tm ufd^ 
vmal tpit^ ^ cpotttnf and oo^fidtnet i» Ue ptefdo^ 
Nothing iad/tid 4itdd mn ppipofl» eackosmhsem^ 
meits, Umi « mm¥^ k- a^pio^^sfffkiy' u^iii^ <ir 
laws. 

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^ ivDienuirt a^aihst 

SESSION HOUSE IN THE ODD BAILEY, '- 

' ' Saturday, October 25th, 1794. 

PB«ENT, 

Loed Qiief Justice Etrb ; 
Lord Chief Baron MAtiDQVAU); 
Mr* Baron Hotham ; 
Mr. Justice Bullbs; 
Mr. Justice Gbosb ; 
And oth»*8 His Majesty's Justices, &€• 

TAomas HArdt, John Horne Tooke/ Jorbt 
AuGus-i^us Bonnet, ^Stewart Kyb, Jerbmia^h 
JoTCE, Thomas Holcroft, John Richtsb, Johw 
Thblwall, and John Baxter, were arraigned, and 
severally pleaded Not guilty. 

The Indictment charged, that the Prisoners, being 
iBubjects of our Lord the King, not having the fear 
"of God in their hearts, nor weighing the ^uty of their 
allegiance, but being moved and seduced by the ia^ 
'stigation of the devil, as fake traitors against oUr said 
Lord the King, their supreme, true, lawful, an4 un^ 
tloubted lord, and wholly withdrawing the cordid 
love and true and due obedience whWb every true 
and faithful subject of our Said Lord the King should 
and' of right ought to bear towards our said Lord the 
i^iAg, and contriving, arid with all their strength 
Intendii^g, traitorously to break and disturb the peace 
land common tranquitfity of this kingdom of Great 
Britain, aod to stir, fjfu>ve, and excite msQrrection^ 



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: 'XmeMAt . HABBT. 59 

reiidlioii^ and war agsunst oor said Lord the Sing 
within this kiT^onr^ and to subvert and aher'the 
legialaturej rule, and gorerament now. duly aeiid 
bi^)f»ly established in this kingdom^ and to depose 
our said Lord the King (ram the royal state^ titles 
power^ and governnienl of this kingdom^ and to 
bring and put our said Lord the King to deaths en 
the first day of March, in the thirty* third year df 
the reign of our Sovereign Lord the now King, and 
x>n divers other days and times, maliciously and 
traitorously, with force and arms, &c« did amongst 
themselves, and together with divers other M^t 
traitors, to the said Jurors unknown, conspire, c^m^ 
pass, imagine, and intend to stir tjp, move, and 
^icite insurrection, rebellion, and war against our 
said Lc»id the King, within this kingdom of Great 
Britain, and to subvert and alter the legislature, 
rule, and government now duly and happily esta^ 
blished within this kingdom of Great Britain, and to 
depose our said Lord the King from the royal state, 
title, power, and government of this kingdom, and 
.to bring axtd put our said Lord the King to death* 
And that to fulfil, perfect, and bring to eflect thekr 
most evil and wicked treasmi and treasonable com- 
pas^ngs and imaginations aforesaid, they, with foroe 
and arms, maliciously and traitorously did meet, 
. oon^ire, consult, and agree among themselves, and 
together with divers other false traitors, to the said 
. Jurors unknown, to cause and procure a convention 
and ineeting of divers subjects of our said Lord the 



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4$0 iKBtcramrr a^awst 

King to be aaitmbled and brid witUa (Us kingdom^ 
with intent and io order that the peraena to be aa» 
aeaobled at sttch ocmreiitiQii and meeting ahoald end 
wi^t wickedly and traiAorousljr, without and in de- 
fiance of the aetharityj and againat the wtU of tlie Bajr^ 
Kameot of i\m kingdom, subvert and aher> and cause 
Io be subverted and altered^ the fegidatuif , ralc^ and 
govemment now duly and happily established in tius 
kingdom^ and depose and eewe toi be deposed our 
said Lord the Kipg from the ri>yid stated title, poviw^ 
and gofemment thereof. And forther to fulfil^ perw 
feet, md to brmg to effect their laost evil and wicked 
4ffeft$on and treasonable Qompaaslngs. and imagmationa 
^afereaaidj, aqd in oider the more read^y laid effedu^ 
ally to iisaemble such oonventicm and aaeeting as 
afoiesaidi for the traitorous purposes aforesaid, snd 
thereby to aeeompKsh the same purposes^ they, to^ 
getber with divers other fabe traitors, t» the Jiwons 
iinknown> maliciously and traitorously did compose 
aiid writOj) and did then and there maliciously and 
traitorously cause to he composed and written, divers 
books> pamphlets, letters, instractiqns^ reaoiutionSy 
coders, declarations, addr^sses^ and wvHii^gai and did 
then and there malicio<u&ly and traitorously puUi^, 
and Ad then and there maiiciously aaid tiaitorensty 
cause tb be publiahedj^ divers other hcM)ks,.pan^hkls, 
ktterst ioaknielicns^ resolutions,^ orders, de^mikieiis^ 
adklresses, and writings, the said books^ pamphlets^ 
letters, instructions, reaolutioi^^ orders, deciaratioos^ 
ftdchesses, wd writings so re^eetioely emnpoaedi^ 
written, published, and caused to be composed, writ- 
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tsn^Btid puWsfaed^ purportii^QiKl contaitttngiherein^ 
aoioQg other thiogs^ tocttenients, enooiir^poments, 
and tif)(hwtation8 to diove^ ixtdnde, and persoade the 
•iibjtcts of our aaid Lord the King to choose^ depute^ 
and tend, and oteue to be diosen, deputed, and acttt^ 
persons bs d^egates, to compue and oonstMute aach 
convention and meeting as taforesaU^ to be ao iMdden 
as aforesaid^ for die traitorbiia porpoaos aforeaaid^ 
And ibrtfaer to ittlfil> perfect^ and bring to effect 
thdr odost evH and y/Adaed treason and treaaonsMe 
compaasia^ and hnfl^^inatioM afivesaid, and In order 
the mone roadify and tofiectoaliy to .asaanUe audi 
coa^dition afcid meeting as aforesaid^ ht the trai^ 
tcM'ons ptiiipases aAiresaid, and tlierdby to aoooaajdiah 
^ same porposea^ ^Bmj didaieeC, ocnaalt, and de« 
lihemto among thnoBehrea^ atad together wifikdivera 
other liilse titaiton^ to the toad Jniora tBRdcnoam, of 
and >nottoernifl^ the callii^ andaaaecuUing anch eon* 
tentibn and meeting aa aforesaid^ for the tr«itaroii| 
parpoaes bforcsaid, and how, vfYmk, and whena andh 
omveriUfm and meetmg dioold be assemUed and 
held, and by ^dmt means the 8tA$ect8 of ou^ said 
Lord the King ^lonld and might he tednoed and 
moviad to send persons aa ddegates to eompose and 
4!onatitidtt the aame. Jkad farther to ftdfil, petfect, 
aind bring to «effeet iheir oKstieyJl and ivteked treasdn 
and ireaaonable conspasshigs and imagintttinna albre^ 
aaid, and in order ii» more roadily and efi^aally to 
'toaamble audi ctaifenlion :and meeting aa aifereisaid, 
in <tfae tiaitorons porposea atoresatd, and theieby to 



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tf2 TNDICTMSMT J^AXmr 

accomplish the same parposes, maticibosly and trai^*^ 
torondyxiid consent and agree that the said Jere^ 
niah ' Jjoyce^, John Augustus Bonney, John Horner 
Tooke» Thomas Wardle, Matthew Moore, Johm^ 
TMvrialU John Baxter^ Richard'Hodgsbn, otie Johtb 
Iiovett, obe William Sharp^ and one iohn Pearson; 
^lild' meet, coitfer, and co-operate among them-< 
stites, and togetiM- with divers other false traitors^ ta^ 
tftie Jurors* unknown, ibr and towaids the caHtngand 
assemUing' snch conTenlion and meeting es aforesaid; 
fer the: Iraitorbus purposes aforesaid. And further to 
fidfi), perfect, and Jbring to effect their most evil dn^ 
wicjced treason' and treasonable compassings and ima-^ 
ginatiom aforesaid^ they maliciously and traitorously 
^ <te(me ind procore toi'be made and provided^ and 
didtthQi!i;and there rhaliciousTy and traitorously con^' 
lient wd a^ree to the mtkiag and providing of divers 
arco$ abd'ofienslve weapons^ to wit, gutis, muskets^ 
pik^s^. atid axes, for the purpose of aribing divers 
Ibl^ete iH; our said Lord the King, in orderand tq 
t^e itiUAt. that the samb subjects should and might 
^nla\vfujly^^; forcibly, and - traitorously oppose and 
.Wtth^tyad our said : Lord, the King in the due ani 
lawful exercise .of his royal power and authority in 
^he t^ilQcution of the laws and statutes of this realm; 
And sboald und might unlawfully, forciUy, and trai^ 
IprCNj^s^ subvert, arid alter, and aid and assist in sub* 
yertingand alterJng, without, and in defiance of the 
mithofity and apinst the will of the Parliament of 
t^is kingdom^ the legislature^ rule^ and govern^ 



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1 orjioiiiis. mxKDT^ i wm 

4ment how doly. m& hapf%' e^bUsAed id tbis' Juo^- 

,di>jn5 and depose, md aiil aod asfcift midqibiixi^^ aqr 

4aid.Loi-d the King from the rcyAsMt^,iithti:fdnm^ 

4t)d gQvernto^t of this .kingdoflit* . Ahd.farditr io 

falftl^ peirfect, and bring toffifaot tlMC!flibak;e^il.aBd 

inapfced treason afidlt-e890nd[ilej(xiiiipa98aigs{fliidrt^^ 

^itmtiom afqtesatd^ they with; force and <arflMLant|- 

,ctou$Iy. aod traifeprously.did meet^ cotilptfe^jGoilMlly 

iand agree anioog thetnjS^iFea torx^iaej levy>iBrid;iiiike 

.k&umieetiQn; rebeUion^ and iMv 'w^iii.tfaiaikttgdoBi 

of GreM Britain,. against our aaid.Lofd ,the £3«|^ 

Aqd further to fulfil^ perfect^ and bnng'to effect 

tl^ir aapst ,evil aqd wicked traaaon imd twaacmpbtg 

Q^^^aspipgs and imagiaatidnrr'afatejaid^ 4tey nitiih 

<^usly 4nd trait^rm^Iy did mtet> con£|we, kwiairift, 

fimd figr^. a;)fKing$t. ttwsmelvea^r.fmd tQgetberi.'wtth 

divjera of:her faide tmitors^ tp;>tjie:*iunQia.'^lgMMMB(» 

i)nlawful]y^ wi^Kedly^ anid tfaitioronsj^tGLattfaneiiMfl 

alter, and eau^e to, he subverted and altec^^thtlb* 

^slature^ rule^ and goVempieiifc iibw.ddly'aiidiiiap}- 

pily . established ini this kingdom,; jarri.tadegpie^a^^ 

jcau^e to be deposed our aaid Lond' the Kmg ffaaot 

^ royal state, titley power, add gpveiiin}^^f tkb 

JkingdOm* ' And further to fulfil, : perfiKt, jandtbadg 

f!o ^ect their mbat'evil ajui wicked treaaonjafad^tgeaK 

aonable cpnipassitiga and iaagina^iond a&aaesaid; ao^ 

in order the more rtedily and: efieetaaUy: toJmhg 

about such $ab>^ersion, aUerat^ioo, ..and depdaiticgiiiui 

last aforesaid, they maliciously *and tsiitorousl|t diA 

prepare, and compose, and didthed and thtre.mali^ 



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<ioMf itidtMtbrcmrfy^oaiM ihdp^ to bi pi»» 
f$x^ tad GompDled j di wrs hocHa^ pMifihldte^ lettoM# 
4iwiiwpH0M, iottHMtioMi fnolotkMis, Didtrft^ id^ 
fiinmOB^ mbd'Wntimgt^ and did dieii nd tiMre cMli^ 
.dooilf and tnitomnly poUUi and dfepene^ and did 
ttwh nd them iiidid<mil7tiid ttiHloroiiifyQSiiiae and 
fnouK to be poUiihcd and dlsperaed^ durart otber 
lioaka^ pamphlelB^ letters, dedaiitioiii^ iMtrastima, 
jpaadiAkms,, orders iiddreBaeSy and trritingsi tittiaid 
sentoal bdoks^ penniihlets^ letterii dodandaons^ iah 
alradtioiMy neolutsomj orden> addiMtea, «id wrife^ 
Snga » roqieetiwiy preparad, oompebed^ publiilied^ 
ittye raa d ^ and eauied to be praparad^ oomposed, 
fnhK^twdi ^^ dnpcraed, at last aferesaid> pntport^ 
Jmig and containing tfaeran (amongst other thk^ 
incsteinentj^ enooongementa, and exhortatknis^ to 
jBN»oe, jndooe, and persuade the subjects of our said 
lord and King to aid and assist in carrying into 
^ofot sisoh trutoraus aobversiony alteration, and da^ 
ppaition as iMt aloKoaid, and also oontaining therrit 
Xamoog^ o&er things) information^ instmctioni^ 
«ad directians to the subjects of our said Xiord 
the King, how, when, and upon what oocasiona 
|he ttaitoroiis porposes last aforesaid should and 
«ight be carried into effect. And forther to folfiT, 
^feet, and being to eiTect their most evtl and 
pricked treason and tieasonafale compassings and 
imiynations afojesaid, th^didoudidously and tr&i«- 
loro|isIy consent and agree to the procuring and pro«^ 
«ding arms and ofiensiYe weapons, to wit, guns^ 



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I 
; J TBK nitt 09 7|K>MAS fiABDY. ^ 

wmh9^9 ^iker, andaxes^ therewith tOt levy and wa^ 
war; maumctinn^ and i^beUion against o^r said Lord 
tfae£aig'iiiHbm>tbia kfi%doiB, i^i^^ duty of 
their alh^nce^ against the peac^ of our. aaad Lord tb^ 
:iH}wKmg, bis crdwn aini dignity, and against the 
form of the statute in that case made and provided; , 



Ml*. Attorney General ateted to the Courts that 
he ' httd T been informed by the CSoucM for the Prir 
S0tl%ri/!it was their wish the Frisondrs should be 
f ried^i se^aratdy: It: was theiielbre >hb intention to 
f>roo&dip6Tst on the trial of Thotoas Hardy. 

At tUe request of. the Pri$onie^*s Co(msel> the Cour^ 
-axi^uiinedto Tiiesaayy October the 28th. . 



On.Ti»e@4ay tb^Mth of October, the Attorn^ 
.Ge9^^ opened th^ Qtse for the Crown against the 
Priildnei* Thomas Handy, in the followi^^g: Speech. ^ 

MAY IT PLEASE YOUR , LORDSHIP AND 

.GEN.TLEMEN OP THE JURY, ' 

• , ' In the course of stating what I have to 
ofiei; tpypur most serious attention in this j^reat and 
.weigh4;}if-caHseji^aSecting» as r it certainly does^ the 
de^rei^t iqt^resta of the community, af^cting, as yo|i 
wtfl r^ember throughout, this ..lousiness, every inte- 
r0st \^hich can be valuable to the Prisoper at the bar^ 
I;sMl have; frequent occasion to call that anxious 

VOL. HI. P 

t , . ' . • ? 

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06 THE itn6Rster oA^XfiAt.^ smsok on 

attention to -the dif&rent part» of the ^ndfctiMOi 
which has' just been opened to y<yu» I forbesr to. do 
90 at this moment, beeause I think thttt atAaitaibii wiil 
be more usefully, both with rfespttt to the fmttlic, and 
to the Brisoner, given and requited in another past 
of what lam to address to.you. 

Gentlemen, the Prisoner, who is before you, 
stands charged (to state the Indictment generally) 
with the o^ence of compassing Uxf Ma)e$tys 4eith ; 
he wa& comntHted^ upon that charge, . by Hi* 'Ma- 
jesty^s Privy Council: I will eipldu to yoiL»pre$eii% 
why I dtate this ancl the foHowii% faqtt.. la. coii8^ 
quence of the appr€^isioi»bf this Prtsonec,.oC msiw^l 
others chai^d by this Indictment, and of others, 
whose names do Hot <Kmt tn this Indictnokeot^ fMror 
ceedings of some notoriety were had in Parliwnent, 
and an Act passed, empowering His Majesty to de- 
i^in such persons as he suspected were conspiring 
against his government. That Act hhs as&crtad, 
that a traitorous and detestable eonspiiraoy htfd been 
formed for subverting the existing laws and govern- 
ment of the country, and for introducing that sys- 
tem of anarchy and confusion, which bad so fatally 
prevailed in France ; the Act, upon the spur of the 
emergency, which it contemplated, authorised tl«B 
detention without bail, mainprize, or discharge, idf 
the persons then in prison for high treason^ or trea- 
sonable practices, or who should afterwards- be com-* 
mitted, for high treason or treasonable practices, by 
warrants from the Privy Council or.Secretary of 9tat#;, 
until the first of February 1 795. . . ; / 

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in^ tBIAZ. OF THOMAS HABll^Y. 6/ 

Gentlem^, this rneasare^ which did not suspend 
the op^ttfidtt of the Habeas Corpus Act, that great 
pali^dicAh of Englishr liberty, but with reference to 
partlctilar persons, under particular commitments, 
f6r particuEir offences, is a measure never adopted in 
this country by Parliament but in cases, in which it 
is tmderstood, after giving all possible attention to 
secure the right of the subject from being broken in 
upoti^tb be of thd last possible necessity, and which 
has been repeatedly put in force, in the best of times; 
in sudi' cases, where the wisdorh of Farltameht a^ 
prehended that it was matter of their duty to provide 
that the natidn should part with its liberty for a whrle^ 
that it might not lose it for ever. > • 

Gentlemen, appearing before you -this day in dis- 
charge df that duty, which I have been commanded 
to 'execute, and the execution of which appears to 
me tb'be*absolately necessary, you will collect frort 
theTafet that I do appear here this day, that, accord*, 
ing to the true constitutional meaning ^f such an 
Act 'of JRarliament, It -is not that the trial of such 
persons shall be delayed dqring the period of the 
snspeiisidn of the Act, but that the Act shall, with 
reference to the time of trial, be allowed, in the right 
execution q( it, an operition only to that extent, in 
which the due con^deration of the public safety^ 
tHHpeted with a due attention to tbe liberty of the 
iiidjfvidftiftl subject, may require. 

Gentlemen, the ' proceedings of the Legislature 
having bd^h such as I have stated to you, HisMr« 

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68 THB ATTOBKBY OBNBEA^S SPBXCH OK 

}eaty, constitutipnally advised in the exercise of bis 
duty, aa the great conservator of the public peace, 
directed a commission to issue to inquire whether 
any such treasons^ as the presumption of'^udi a 
traitorous conspiracy must necessarily supppse to 
have existed, had been committed by any persons, 
and by whom. In the execution of the duties of 
^hat commission^ a Grand Jury* of this county ^^ upon 
their oaths, have dechred that ther^ is groupd of 
charge against the person at the bar, and against 
others,^ sufficient to call upon them, in a trial to 
he had before you, their country, to answer to an 
accusation of high treason, in compassing. His Ma^ 
jesty^s death. 

Gentlemen, I have stated these circumstances, (hat 
i may convey to you, in as strong terms as I can fjL-^ 
press it, this observation, that, as the proceedings 
of Parliament ought to have had (and I am per- 
suaded^ from the deliberaftion which they gave the, 
subject, that they had) no influence upon the jiidicial 
mind of the -Grand Inquest, neither ought these 
proceedings to sfFect your inquiries, erto induce 
^ou to apy determination^ which you are to make 
upon the .i^sue, which you are now sworn to try» 

Gentlemen^ ,lhei'e is no one. circumstance of apy 
proceedings before Parliament, with • reference to 
\yhich you oug}}t ^o suj9er yourselves to be itiiluenced 
in the trial of this is^^ue. A ^ obvixxts tjbat suck 
proceedings, as -w.ere had in .Patliajmept^ providing 
for great epiergencics^, m^y be tijpgyired and aut)io% 

3 

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"' Tiki TklAL-OP TH0SIA8 ilAftBY. . ' ^9 

• Hzed by the genuine spirit of the coristitutioii, even 
in cases in which a Grand Jury might not, upon any 
thing that could be ofiered to their consideration^ 
be justified in finding a bill : it iff much more.ob>- 
vious, that, in a proceeding before you, a considera- 
tion of the wisdom and propriety of the acts of the 
iLegisldture is riot called for. 1 

Y6ti therefore, Gentlemen of the Jury, will con- 
sider the Prisoner as standing before you in full posr 
session of an absolute* right to the presumption rf 
innocence, notwithstanding he is charged with guilt 
1)y this Indictment, as you will hear, exc^t so hr 
«s that presumption is met by the single simple fact, 
that he has been accused by a Grand Jury of his 
country. 

" Gentlemen, before. I conclude these general ob^ 
servations, you will permit me to say, on the other 
hand, that, if there has been any thing that has fallen 
under your observation, by act or publication — any 
attempt to nmke any impression upon the minds of 
those who are this day jmpannelled to try this great 
cause, to disparage that advice, which, under the 
rnost responsible sanction, may be given you in mat* 
ter of law, to work in your minds any prejudice either 
against the Prisoner, or on the Prisoner's behalf; on 
the one hand I am perfectly sure that your integrity 
will be security to the public, that you will not per* 
mit any attempt of that kind to have any operation : 
on the 6ther hand. Gentlemen (^ the Jury, I am 
equally sure that I need not ask from ai^ English Jury, 

F 3 

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70 ' THS ATTORNfiT GBNUAVS ff EgCB OIT 

that Ihey vinould permit no such attempt to, prejudice 
them against the Prisoner at the bar, — na, not even 
jan injudicious or ill-excQut^ attempt^ to influ6n<^ 
•them in his &vour. 

Gentlemen, in order to understand ^ the law of 
treason, and the Indictment^ I shall tak,e the liberty 
first to state to you the charftcter^which I apprehend 
^bie King, for' the. protection of ,whp$e person and 
government the statute in question was made^ has m 
ithe. state and constitution of this country. 
. Gentlemen, the pot^rer of the S(ate> by which I 
niiean the power 6( making laws, and enforcii^ the 
execution of them wlien made> isi vested in the King; 
enacting laws^ in the on6 ^as^, that is, in hislegis*- 
lative character, by and with the advice and cotisent 
of the Lords spiritual tfod Temporal, and of the Gom- 
*mons in ParUament assembled^ .assembled according 
to the laW and cotiBtitutipnal custom of England; in 
ihe other case, ^xiecatip^ the j^ws, when ma^e^ in 
subservience to the laws so i|ia4e> and with the ad- 
vice, which Ihe latir .^nd the cpnstitution have as- 
signed to him in almost 6very instance, in which they 
have called upoii him t9 aqt for the benefit of the 
subject. The King^s authority, under the check of 
constitutioneil and legal provisions and limitations, 
convenes and regulates the duration and existence of 
Parliament, amvening those whom, according: to 
the law and custom of the country, he is bound to 
convene. The King, in his Parliament, sitting io 
his royal political capacity^ and the Lords and Com«* 



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^jflffjfl9(.lA^T^ a^sen^bledi, foria the greot/body.jiQliUb 

of, the,,j|cif)gjdqm, l^y. yvjiii^h Is fxercised SQv^erdgn 

-5kaf|igritxii|,lfgplat}pp, ,; (kotlef«en> .ifrhilst fthe.prA- 

cbpiit l^w, ik^, pKl^fit GonsUtulton, :.«Rd present gOh 

vernroent of Great Britain^ exist, no law can be 

|i»9de bu( by tba( aiithomtyi r|io I^ialative power :can 

be crea^d; i)g^n^ the yf\\\i ,^4 in de^anpaifif that %Kl* 

iboviiyy.,\Vkpti^jf\nnx\yi,Qr iq vh^ wrimmfiMinccs, 

im attep9^ to create sqpb a ppwer is 4. ti:ea9Pn forbid^ 

djfp b3^. t^siiatute Qf th/^ a^.t^ of JSdwaifd llh I prd- 

^sejtp .^f^fivni^ preiently. . 

, . , G|eg|^en> as in:the iKi^g the : ppjver of leglslft- 

ition;i^.v^t)^i as. well 9s the es^ecijitiy^ .power. of tte 

jstate,, ,to.b<) eiperfised rwith consept and .^dvice, t^ be 

exera94^, fcppr^iqg ;t9 thppe. l»ws, wbic^. are th* 

birtbijg;bt:,wd ioberitaqoe of the subject^ having 

upoii jt^cn Uie care and f rotj^tipn of the{K>mmuniity;; 

;tP b^nj, in return^ thf dlegianpe qf every indtvlduld 

if, aQfi^^^ingfAo the.kw of EpgJapd, due; that alle^ 

j^Pfe^.by, wti|ich :t|[iQ sulijeot is bopnd^ in the lann 

;guag? fi([titP ^ta^utes of this .cqunjtfy^ ^to defend Um 

^^ ^^^; ?U traitorous . f^pspiiaetes and attempt^ 

/* ;w)^tfjM\fer9 whicti.sh^d} benjade agaipst his per* 

/ft 590,* bi^ prp^y .or his dignity.'* 

. .Qeipf l^x^en, : ^o .^i^oQrti^in to (Wbom this care and 
j)rof;eQ^p» is cQinaii^rrtP i^prjbiin tp[ -whom this 
i^e^a|)9Q is due^ ^e. bi^qb ^ which) aCJcarding tp 
the. y/egem^ Loi)i.{^es coDStil^tes high treason, 
jjj ^e^i^vy to .tht;l¥ace pf thfe , ctenmerttty— to 

a^certajn^ahd |q de^ff^cqonit^y whtut ^^pstiitutes a 

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^2 TRB ATTORKBY OSKfeiUL*^ $F£Bett ON 

breadb of that ^llegianee, is essentially and absdotely 
necessary to the security of all that our ancestors 
-have claimed, dananded, and insisted upon, as the 
•ancient^ undoubted rights andliberties of our coun- 
try. ^ ' • - . ■ 

i Gentlemen, the former of these objects is secure^ 
-by the law and constitutional custom of England; 
,that law, v^hich alike secures to you every right, 
whether it W a right of person, or of property. It 
haft made 4he crown, which His Mijesty-wearSj-her 
reditary (and I beg your attentioh to that), *ul!jec» 
•to linvitation byiRirHament: The latter object lias 
l^iBen most aMiousIy secured by the stattite referred 
^to in the Indictment, which brings forward the 
•charge, the trtith of which you are now to ^ try. 
: Gentlemen, the King ha^injg; this hereditaty crown, 
^^ law and donstitution haVe also ascertained his 
duties — tbpse duties, which it is incumbent upon 
•him toexeeute; for the benefit ofthe subject, < in 
: -the execution of which duttes they ha+e afided him 
fwith counsel, and in consideration of which dutiea 
'they hiave clothed him with d^nity, and vested him 
•with high pr^bgatives. With respect to the duties 
of the King, they attach upon htm thfe instant he 
l!>econie8 siibh ; fiV^m the moment that his title ac* 
'Crues, in the ^me instant the duty of allegiance (the 
'breach of ^hich is high treason) attaches to it; he 
recogniseis! these as his dutiea in that oath, to which, 
throughout this -busih^ss, I must again call your 
attention, in that Q^th which he is bound to lake 



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THE TMAL OF THOMAS HARW/ ' JfS 

upon him, at his coronation, to proftiise and swear 
*' to govern the people of this country," mark the 
words, Gentlemen, •" according to the statutes in 
*' ParliameTit agreed vpon^ and the laws and cuitantt 
*^ of the same ; that to his power he will cause law 
f^ in justice arid* mercy to be administered; that* he 
<^ w31 maintain the laws of God and the true prefesv 
*• sion of religion established by law.*^ 
' Gehtlemen, this oath, st£fiei4-hy that great and 
verierable cohstitutiorialJudge, Mr. Juistice Foster, 
to be.a solemn and a public recognition, not only of 
the duties of the King, but of thefdndamentdlfights 
of the people, imposeth upon him (and throughout 
this dE»e It cannot be too strongly recollected that ii 
hnposeth upon him) the most sacred obKgaiion to 
govern iccording- to the laws and statutes in Parlia^ 
meni agreed ^}on, according to the laws and customs 
of the same J and no other* . 

• Gentlemen, addressing this Court, which is a court 
of law, in which you, the Jury, are sworn to mske 
a true deliverance according to the law of England, 
ean I impress it too strongly that - it cannot be sup* 
posed by possibility— not by possibility — that the 
King can, t;onsistentIy with his oath, and-with the 
antecedent duty recognised in the explicit engage- 
ment, t|ie terms of which you have heard, either 
iict^ or permit himself to act, as King, according to 
any rules of government, formed by any bodies of 
men, assuming any character, functions, or. situa- 
tions, those rules of government being meant t<> 



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qpeiBteas laws^ the statutes agreed tipan in, Parliigmenl, 
apd the laws and customs of the same, enl^ ea^oeptedf. 
,. <]p:€;nUweQ» it, seems to m^ to (oIIqWi as 9 i>ece8«^ 
lary copclasion from the reasoning, tpbeaddr^wed 
Xp a Court of law^ nf>t only tbatthpse, who conspire 
to;r€a)9v/9 the Kipgout pf the ^vi^rmxiei^t a|tQge« 
tber^^bult that those^ who , Qoiispire tp reqioxe jbim^ 
unless he will f;oyem the people aocor^ing^'to laws^ 
^l)icb;fire not stfitat^ in Parliatnqf>t 8^eed<.upon, 
an^.^l^e.Iaw^and qnstoms of the s^mi^^ or aa th^ 
iKM.pf # goy^r»D?ent, fraaied. ;(q4:ippdi$i$4 t^yany 
9|^]^of^J;,, npt <}e^ived ^ from that pai^paetitj dp 
^Qawf^j9 dgpc^e b^m ivqmthfit royal state, t^f^ 
Pp^f^^ fM^^ ^^Vernrner^, which the lisulicjimesa mm-^ 
<j[>72^rand to ,si)bvert and alter the t\x\^ af^gpvem-i 
m^tit jipWrfi^tabli&ked \n these kingdoms* He wgh^ 
?f^ SQ tO|gc>yern*^I^9j^ he cannot so goveriv*r-be is 
bound to resist such a project at the hazard of all its 
eoi>^queT>ees; he^mus^ resist the attempt | resistance 
p^cessaiily prpduces depcaition^ it enc^anigct^s his li^^ 
^ ^ep^Jfnuen, to tb^ K,ing, upon wj(¥>Qi these da^* 
t^4 atMc^ : \,\w Iftw-^ijd ooastilutioJi, fpr tbfj bf ^tes 
i;x;fcu|(iofU}f them ^ have assigned v^rbijs coi^ufs^llorff^ 
2^ .f^^sible advisers: jt has clothed >hi;n» uiidef 
various, qi(>n$t]ti^tiQnal.pheck$ and restrictipnB^ wit)^ 
various 'aJl{trtbiUes and pr^erogatives, as necessary foif 
the support and maintenance qf the civil liberties of 
^h^ peopl^.: it ascribes to him sovereignty 3. ianperial 
d^gnity^ and: perfection; and becau^tbfer^leandgo* 
verntpenl^ as established in this kiiigdoinj canpol 



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THE T^IAZ* OF THOMAS HAft0T« fS 

exist for a moment without a person filli^^ that 
^ffiqe^ and ^bl^ to execute all the <lutie3 from time 
to time, which Z have now stated, it ascribes to him 
ftlso that he never ceases to exist. In foreign aiSairs, 
the delegate and representative of his people, he 
makes war and peace, leagues and treaties ; in do* 
mestic concerns, he has prerogatives, as a oonstitu* 
^ot part pf the sppreme legislature; the prerpgative 
of raising Heet^ ^od armies: he is the fountain of 
justice, bound to administer it to his people, because 
it is due to theip ; the gre^i copservator of public 
peace, houpd, to maintain and vindicate it; every 
yi^^ere present, that these duties may no where fiul 
of beiqg discharged ; the fountain of honour, office, 
It^nd privilege ; th^ arbiter of domestic commeroe, the 
head of the national church. 

Gentlemen, I hope I shall not be thought to 
mispend your time in stating thus much, because itv 
appears to me that the fact, that such is the character, 
that such are the duties, that such are the attributes 
ai^d prerogatives of the K\xig in this eountry (all 
existing for the protection^ security^ and happinesa 
of the people in an estsiblished, ferm of government), 
accounts for the just anxiety, bordering upon jea- 
lousiy, with which the law watches over his person-^ 
tccounts for the fact that, in every indictment, the 
compassing, or imagining his destruction, or deposi:- 
tion, seems to be considered as necessarily co-exist- 
iog with an intention to subvert the rule and go- 
vernment established in the country : it is a purpoo^ 



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• JG TH« attohnby general's spekch otr 

to destroy and to depose him, in whom the supreme 
power, rule, and government, under cbnstitutional 
checks and limitations, is vested, and by whom, with 
consent and advice" in some cases, and with advice 
in all casesj the exercise of this constitutional power 
is to be carried on. 

Gentlemen, this language, the t^nour and charge 
of every indictment, is most clearly expressed by 
Lord Hale, when he says that high treason^ is an of- 
fence more immediaitely against the person and go^ 
vernment of the K\tig: IcaVinot state' it more strongly 
to yod, or from an authority, the authenticity of 
^hich vvdl be less questioned by thdse who are to 
defend the Prisoner at the bar, than when I state to 
you' the language of one' of the counsel for Lord 
George Gordon upon the last trial for high treason : 
indeed it is no more thaii what follows the law of 

r 

^^fiftand, as delivered by all those great lawyers^ 
vhuje authority, I am persuaded, will not be at- 
tempted to be shaken in the course of this trial, when 
it states this principle thus : — '^ T6 cofnpass or 
'" imagine' the death of the King, €Uch imaginatioii 
** or purpose of 'the mind, visible otily to its great 
"^^ Author, being manifested by some^ open act, an 
"'* institution obviously directed not only to the se- 
'*^ curity of his natural person, but to the stability of 
*' the government, the life of the Prince being sd ' 
^' interwoven with the constitution of Ihe state, that 
" an attempt to destroy the one is justly held to bb 
*' a rebellious conspiracy against the other/* ' ^ 



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,TH^ TBXAt OF THOMAS HARDY. 77 

; Gcmtlamep) it will be my duly to state to you pre* 
s^nUy what i^ In law an attempt sigatnst the life of 
the Kjng. It aeems^ therefore^ that wh^n the an- 
cient law of England (and I would b^ your attear 
tionto what I am now stating tp you)^ that when 
the anciei^ Ifiw of England was changed^ whioh# 
even in thef case of a subject, held the intent to j^ill 
homicide^ as well aS| in the c^se of th^ King, the 
intent to kill or depose, without the fact^ .wh^e -^ 
measure was taken to efiectuate the intent, treason, 
with a d^erepce however a^ to the natqre of the 
acts deemed sufficient, in the one case, or in tb^ 
other^^to. manifest the one or the other intent, that 
to use the word§ of a great and venerably authority, 
I mean Mr. Justice Foster, '^ it wa§ with great por 
'^ prijety that the statute of treascm retained the ri^ 
^' gour of the law in its full ex^tent in the case of thp 
V King, in the case of him," says he, ** whose U|e 
/' must not be endangered, because it cannot ^ 
/' taken away by treasonable practices, without ii}« 
r*^ Tolvinga n^tipn in blood and confusion : levelled 
at him, the stroke is levelled at the public trai>- 
cjuillity." : ', . * 

, Gentlemen, that it may be fully underst<?pd wh^t 
it is that I have to cpntend for in the course of this 
trial, I put you in mind again that L have biafoiRe 
stated, that, as it is absolutely necessary to the seci)- 
rity o( individuals, not less necessary: to tbe.sec^i^ 
jof individuals, than it is nepessary tpthe secui:ity of 
. the nation; whi^h they cgppps^f,^ that .the per^n ^p|i 



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78 TBE ATTOBNET OBNSitAi*6 ^PEBCH OH 

gov:6rnin6rit of the King should be thus defended 9 
on the other band^ for the security 0^ the subject, it 
is equally necessftiy that the crime of high treasoii 
iboukl not be indeterminate^ that it should not b^ 
unascertained^ or undefined, either in the law itself, 
or in the construction to be made of that law. 

Gentlemen, this necessity is not to be collected 
merely in this country from reasoning, though rt 
may obviously enough be collected fVom reasoning; 
the experience of your ancestors has informed job, 
I admit it, and I beg to press it upon your attentioii, 
as much as any man in this Court can press it upon 
your attention, the experience of your ancestors ha» 
informed you, in the just and bitter complaints which, 
are.to foe found in their annals, of the periods, in which 
tlo man knew how he ought to behave himself, to 
do, speak, or say, for doubt of pains of treason,— in 
the anxiety with which the statute of Edward III. 
reserved the judgment of all treasons not there ek- 
pressly specified — " that the justices should tarry 
^* without going to judgment of the treason, till th^ 
** cause be showed and declared before the King and 
" his Parliament;" — in the expressive language, 
which our ancestors have used, when the provisions^, 
of the statute of Edward were first introduced into 
the code of law under which we live,, and of those 
statutes, by which treasons were brought back to the 
provisions of that statute, the experience of your an- 
cestors, thus handed down to you, has;demonstrated 
this nec^sity. I admit too (and my treating -the 



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migect thus in the outset may ultimately sbve^oiir 
thae), that belfore the statute was made, upbn i^hick 
the Indictment proceeds, the security of the tdbjetit 
was not sufficiently provided fpn I admit that se^ 
curity is not sufficiently provided for now, if jobn^ 
struction can be allowed to gii^e an exposition to the 
statute, which the Legislature did not intend k 
should receive. 

Gentlemen, upon each' of these heads it was n6« 
cessary for me to trouble you with some, aiid but 
with a few observations. ' ' 

lliat the law of treason should ht determinaie-aitd 
certain, though clearly necessary for the- security of 
the subject, ra not more necessary for their secuttity, 
than that there should be a law of treasonf, -tod thdt 
this law should be faithfully, duly, and firftily 
executed. » ' ; 

Gentlemen, every state must have some form or 
r^men of government; in other words, it Must det 
termine b)' whom, and under what modifitistitfiM, 
the sovereign power is to be exercised in thecbi^ 
try ; for no government can exist, unless tbis^ power 
is placed somewhere: and the attempt tosbbvert 
that power is, in the nature of the thing, an ^tutnpi 
to subvert the established governtn^nt. It is df 
necessity that an attempt of this sort should bb 
guarded against, by severer penalties than of&noea^ 
which being breaches of particular laws, do not en- 
danger the very existence of the state itself, which 
do not involve, in the destruction of tht state, the 



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80 THE ArXOnVEY OBNfi9A]»*6 6}^E.ECH OK 

. 'doHraqtipD' of all laws^ but whicb Jeayc the law^ 
though violated in particular cases, suf&cient| in£e|f 
neral case^, for the protection of the personal sectt«- 
rity, the liberty and happiness of the subject. 
. Gentlemep, this is also the reasoning of that grea^ 
Judge, whose name I before mentioned to you^ my 
JLord Hale : — " The greatness of the offence/' he 
says, '^ and the severity of the punishment, is upoo 
*^ these teasons;: — First, because the safety, peace, 
*^ and tranquillity; of the kingdom is highly con* 
*' cerned in the safety and preservation of the per* 
^^ son, dignity, and government of the King, and 
^^ therefore the laws of the kingdom have given all 
<< possible security to the King's pers9n and govern*- 
*^ meat, .and under the severest penalties/' 
. Gi^nlAeiipeq^ to describe this great, offence with 
precision and accuracy, was what the Legislature io 
JSdward'S' tjime- proposed, when they enacted thC) sa- 
cred .$ta(ate^ upon which this Indictment is founded; 
that statute was made for the more precise definition 
•of this crijne, which, by the common law, had 
QQt been sufSclently extended, and '\ the plain uxi- 

^ .*' extended letter of it," you will mark the words, 
/^ the plain unextended letter of it was thought to bp 
** a sufficient protection to the person and honour 
/* of the Sovereign ;" but not only to the persoa and 
Jbonour of the Sovereign, but ^^ an adequate security 
*^ to the laws committed to his execution.^'' . 

Gentleman, in addressing a Jury in a court of law, 
fi^Morn: to nigkev deliverance according, to that law 



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TH£ THIAL OF THOMAS HABBY. 81 

which constitutes the court in which they sit^ there 
are two propositions^ which appear to me to be alike 
dear : — the first is^ that I ought not, that I cannot 
dare to call upon you to say, that there has been 
Goaimittea under this statute any offence, if the 
&cts of tne case to be laid before you, by plain, ma- 
nifest^ xiuthorized interpretation of the statute, do 
not constitute an of&nce under it ; — if the statute 
should seem to any man, or to you, not to be a 
sufficient and adequate security to the person and 
honour of the Sovereign, and the due execution of 
the laws, it is nevertheless all the security which the 
law has authorized you to give them, and God for- 
bid th^t you should think of giving more. On the 
other hand, you are bound by your oaths, if this 
law has been violated iu fact, if the fact of violation 
is proved by evidence, convincing in its nature, and 
such in its form, as the law requires (for the law ia 
this case requires not only convincing, but formal 
evidence), tlien you are bound to give to the person 
and honour of the Sovereign, and to the laws of your 
country, that protection, which a verdict, asserting 
in substance that the statute has been violated, would 
give, and vtrhtch thct statute intended should be 
given. . 

Gentlemen, men of honour and of conscience, 
acting under the sanction of the oath they have taken, 
must come to the same conclusion, judging of the 
same facts, by the same law, whatever their prin- 
^ples of government may be, unless they differ 

VOL. ill. o 

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82 THB ATTOBKBT OBKBBAt's SMBOH ON 

Upon the effect of facts laid before them. In Ihe 
trial of a person^ whose name I diall have ahiind«it 
reason to mention to you in the course of this prb^ 
ceeding, I mean the author of the Rights of Man, 
diarged with a libel against the frionardhy of the 
eountry> it was judiciously ^ truly, justly, andslron^y 
admitted in efftct, that, if the Jury had been eom^ 
posed (if there are twelve such men in this ooimtry) 
of republicans^ wishing to overturn the gorerhtnent 
of the country, yet administering the law o£ England^ 
in a court of English law, if they were convinoed 
that the crime had^ alluding to that law, beai com* 
mitted, no man would have the aoddcity to nf 
they could, be capable of that crime against the pubficy 
to think for a moment of not coming to the dondu*^ 
aion, which the Acts called fdr^ according to thai 
law by which they were sworn to decide Upon the 
matter before them. 

Gentlemen, the statute upon which this Indict- 
taent proceeds, is to the following efiect^t states 
(and it states most truly), '^ That divers opinions 
^^ had been had before this. time," that is, the lUth 
Edward III. ^^ in what case treasdn should be said, 
^^ and in what not : the King, at the request of, the 
^^ Lords and of the Commons^ hath made a deojla^ 
'^ ration in the manner as hereafter foUoweth^ that 
'^ is to say, when a matt doth compass ot- imagine 
<< the death of our Lord the King, cu- of our Lady hie 
^^ Queen^ or of their eldest son and heir ; or if a 
^' man do violate the King^s pompanion, or thcKing^B 



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^ eldest; daughter^ unmarried^ or the wife of the 
^ Kiifg*8 eMest son and heir t or if a than do levy 
'' tvar ugainst our Lord the King in his realtn^ or be 
^^ adherent to the King's eniimies in his realm^ giv« 
^ ing to them aid and comfort in the realm or elae- 
^ whem^ and thereof be provably attainted'* — by 
which words I understand be attainted by evidence^ 
that eleirty and forcibly satisfies the minds and con- 
fldences of those who are to try the fact—" attainted 
*^ of c^Ttipi deed by people of their condition," — then 
there is this, to whkh you will be bound to give 
your attention for the sake of the Prisoner, as well as 
for the sake of the public, the interests of both being 
blended in this great cause ;«^'^ and because that 
'' many other like cases of treason may happen in 
*' time to tome, vrbioh a man cannot think nor 
" ded^re at this present time, it is accorded that, 
^' if any other ^se, supposed treason, which is not 
*' above specified, doth happen before any justices, 
^* the justices shall tarry without any going to judg- 
*^ ment of the treason till the cause be showed and 
'* declared before the King and his Parliament, whe- 
"thet it ought to be judged treason, or other 
« felony /» 

Grentlemen, I desire to point out here, in the most 
marked way in which I can state it, the anxiety, with 
which the Parliament wished to preserve to itself the 
judgments of treasons, not being the specified trea- 
lons in the statute, but being like treasons, those 
which, by a parity of reasoning, might be said to be 

o 2 

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84: THE ATTORNEY OBNERAl's SPEECH. OK 

treason. They would not trust the subjects of the 
country in the hand .of any court of justice upon that 
point. I mark the circumstance^ because it appears 
to me to give a degree of authority to the law of 
England upon the subject of treason , an^.. to the 
constructions, which have been made upon it, and' 
to the distinctions, which have been made betwAefa 
like treasons, and overt acts of the same treason,- 
that perhaps does not belong to constructions and 
distinctions adopted in the course of judicial f>roceed*- 
ings upon any other law in the statute-book; 

Gentlemen, having read the statute to you, it is 
not unimportant, as it seems to me, to ob^rve that 
Lord Hale and Mr. Justice Foster, who have stated 
the jadicial and other expositions of this statute, 
have stated them, and have, expounded the statute, 
under the weighty caution, which they roost powier- 
fully express: under the solemn protests, which they 
most strongly state, against extending this statute 
by a parity of reason. This circumstance alone 
appears to me to give infinite authenticity to tb^ ex- 
positions, which they state of it, as sound, and. as 
being such as, according to the interpretation, which 
the legislature in Edward the Third's time mcfanty 
should be put upon this statute. 

Gentlemen, I think it may also save your time, 
and that of the Courts if I trouble you here by read- 
ing, before I state to you the expositions of the 
statute which Lord Hale has given us, deducing 
them from judgments which had been actually made 



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fllJS TRIAL OP THOMAS IKAS&y; 85 

h the bisU»y of the coontry, the langoage which he 
holds^ as describing the obligations^ which courts of 
justice, and men looking at this statute for the pur- 
pose of executing it, are under^ to construe it ac- 
cording to the real specified meaning, not by a parity 
of ooi^trQction as to the reason itself, when they 
came to construe it. 

Lord Hale states it thus*^'< Although the crime 
** of high treason is the greatest crime against faith, 
*^ duty^ and human society^ and brings with it ih6 
'^ grei^test and most fatal dangers to the government, 
'^ peace; and happiness of a kingdom or state, and 
'^ there&TO is ^les^vedly branded with the highest 
^ignominy, smd subjected to the greatest penalties 
** that the law can inflict, yet by those instances" — * 
he is stating those that had occurred before the sta- 
tute of Edward III; and between that and the first 
of Henry IV.—" yet by th<»e instances, and more 
^^ of this kind that might be given, it appears-^first, 
** how necessary it was that there should be some 
^' fixed and settled boundary for this great crime of 
^ treason, and of what great importance the statute 
'' of the 25th of Edwdrd III. was in order to that 
*' end ; secondly, how dangerous it is to depart from 
** the letter of that statute, and to multiply and en- 
*^ hanoe crimes into treason by ambiguous and gene- 
" ral words — ^as accroaching of royal power, subvert- 
'^ ingof fundamental laws, and the like; and thirdly, 
" bow dangerous it is by construction and analogy to 
^^ make treasons, where the letter of the law has not 

3 

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^^ done Ht, iov ^mh aimetfaod adiniEts of m ikmt» ^ 
*^ boiw^ls, but ruM » fur as the mat and ktyeaition 
^^ of aeeuaers^ and the odiomneH and ideteatalion of 
^^ pertspne aoesMd,. will oaxry mm/' 

In tanother f)d«sflge^ after hairing i^ivea bi$ cDm«- 
ment tipon tbis 8tateite-«^afiier having atated mkmt are 
he overt acts, which fall within the lettBr ^f it^ and 
tjfie Mund if)te)fiitellAtion of it^ fae.aayB, ^^ It haa httn 
'^ the great wifidofn and csare of the Barlia^nt to 
^^ keep.jiadges within the bounds and.eJDpR$|i^luliita 
'^ i^ this AC<i atel not to aufSer thtno to imn out ]:q^ti 
^^tiieir (»vn t>ptnioni into csDnctroctiue tnoofis, 
<* tboiugh iin leaaes >tbat aeem tohaane a^antyiif nea- 
^^ Mn (lihi$mt$ nf traaumj, hvA wtxrym.tisBm i<y 
^^ Ihe dmiwQ ^f jPadiasiept. This is « gmat aecu* 
^Vrity ais 'wdi aa .dineebcn to Jiidges, apd m, gaeat' 
'^ ^ff^aard ^fen to this sacred act itsdf ; iand dieae** 
^^ fovfi, as bjsferei obaemml, m tbe chapter of leii3nngr 
'Vf)f wasT, ^m dam» of ibe atatnte leaviea a wdghty 
^^ m^nefitp for Judges to be csMfol that tbey: be riot 
^'oy^rrhaatyiin letting inxsonatroctiiieiorintcrprBlalisve 
^^ jt^neasons^ n^ within the letter ^f the Jaw^ at ieast 
^^ in ^9Qh aew cases as bav^e not been &)rmsrly «k* 
'^ preaiBly peaoivsed^ and settled 1^ more Jlian one 
*^ preeedent." 

Q»ntl§ffie$^ of the Jury, I an persuadsd, as tliose 
w^fe p6ps^»d0d who tx>nducted the defenoe iof Lord 
Geoirge G<>rdpfi, itbat wie live in days, in nwhich the 
Judg^ipf thetsonnti^fneitber haveUhe inclination nor 
tjie courage to stretch fhe law. beyond its Itmita. I 
think myself bound to state that; and those^ who dare 

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TUB. TtiiAjL ow THOMAS a^i^ir. 9^ 

tp ^t^te the contrary in any f lace^ 4p not do the ja«Uo0 
to tiie co^try^ which is due from evi^ry indivifioal in jit.. 

GenUemea, having stated thus much to you^ I 
tfow state^ in order to he perfectly mderstood^ th^^ 
I do most distinfrtly disavow making any charge o( 
constructive treason ; that I do roost distinctly dis^ 
avow stating in this Indictment anjf like ease of trea^ 
Sim not specified in the statute $ that I do mo^ dis- 
tinctly disavow stating any thisg that can he called 
cumtdutive treasQUpOr amhgous ^rea^on; that Ido mpsll 
' distinctly disavow enmncing any thing, by a p($rity of 
reetson, into treason^^hieh is not specified in that staf^te^ 
that I do most distinctly disavow enhancing cringes qf, 
(my iind^ or q, Itfe spent in crimes ^, if yoii i^hoosQ 90 to 
pjut it| into treason^ if it be not tr^son specySed in the 
stcUide } and the question between us I state distinctly, 
to be this-^Whether the Ipefendant is g«ilty of a ttps^ 
soa specified in the stisaufej and wh^her the ev^kncei 
that is to be brought before you ai^unts to thai 
proof, tha( will he aatis&ctory to your minds efA 
GODscueaces^ ypur minds and consciences hemg pre- 
pared to admit no propfj but what ypu think yoji^i 
pught tp receive under the obligation of an oa|th> 
proof high enough ^at he piay be provably attainted 
of open deeds of a treason sp^ciSed in the stfitute^ 

Then, Qentleipen, to state the cjaarge to you :*-* 
The Indictment charges tlie Defendant fvith opm-^ 
passing and im^ining the King's deaths and with 
bavmg taken measures to efliectuate that purpose.—-' 
ISIpw^ that it may be thoroughly understood^ you wUi 

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86 THE ATTORNEY GBNERAlV SPEECH ON 

pentiit rae to state to you here, that there is not only 
a manifest distinction in reason, but a settled dis- 
tinction in the course of judicial practice, settled for 
no other cause bat that it was a manifest distinction 
in reason, between—** like cases of treason,** con- 
structive* analogous, or cumulative treasons, and' 
various Overt acts of the same treason. 

Gentlemen, whether the acts laid as overt acts of 
treason, specified in the statute, and specified in the 
Indictment, amount, in all their circumstances, to 
an open deed, or deeds, by which a person may be 
provably attainted of the specified treason, is the 
(question which a Jury are to try. To explain myself 
upon this, I take it to be dear, and I will not, in' 
. this stage of the business at least, enter into the 
discussion of what I call the clear and established law 
of England, ^cause I will not, in a case of high 
treason, any more than I would in a dispute about 
the estate of any gentleman who hears me, for the 
purpose of arguing points, enter into discussions 
upon what I take to be the clear ^nd established law 
of England ; and not only the security of the subject 
in this respect, but the Security of the subject in no 
respect, in his person, his life, or his property, can 
be taken to exist in this country, if I am not as fully* 
authorized to state to you, with as much confidence, 
what the law is, in cistse of treason, from the deci- 
sions, which for centuries have been made in courts 
respectipg it, as I am to state to you, from decisions 
of courts respecting property, what the law of pro- 
j^erty is; I say, I-take it to be clear that deposing th^ 

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TI{& TSIAL OF TftOMTAS HAItDV. 9$ 

King, entering into meamires for deposing the King^ 
conspiring with foreigners anti others to inn^e the 
kingdom, going to a foreign country to procure the 
invasion of the khigdom^ or proposing to go there 
to that end, md taking any step in order thereto— 
eonspiring to raise an insi/rrectton, either to dethrone 
the King, imprison the King, or oblige him to alter 
his measures of government^ or to compel him to 
pemove eviV coonsellors from him, are, and hiaTeall 
been held^ as Mr. Justice Foster says, to be deeds 
proving an intent to do that treason^ which is men- 
tioned in the statute to be overt acts' of treason m 
compassing the King's death.^ . 

It would be ver}7 extraordinary if these great Judges, 
Foster and Hale^ after holding the language thqr 
have stated, were to be represented by any man, as 
not acting themselves under the effect and influence 
of that weighty mpmento, which they held out to 
those^ who were to succeed them in the seat of 
judgment ; yet I state all this to you in the words^ 
in which these learned Judges have handed down the 
exposition of the statute, who would have suffered 
death, for they both valued the liberties of their 
country, before they would have charged " a like 
" case of treason" in an indictment ; and yet they 
have concurred (as all the Judges of England have 
done, and the Parliament into the bargain) in the 
construction and exposition of the statute (and la 
£ict executions have been made upon it), that all 
these things are overt acts of the same treason, that 
is specified in the statute. What is the reason of it ? . 

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99. THE ATTOHHSY «;}CBWiV9 VP^flfi OW 

\f9a\iim tlie l«w hol4« thai h«, who 4Mf nn mt, 
nmmng io 4o H# which may endap^p^r ihe Kiag'a^ 
life^ cotnpaased and imagines the dmi^ of the Kififf^ 
if. he does on aet which imay mdang^r his life^ tf^ io 
the ordinary course of thiriga^ and aQ(ipr4iiig to the 
eonmnori experiefice of naankiad^ the m^mme which 
he tpkes^ in pursnaocQ of a purpose to taKe it, will 
bring the Ki^ to his grave* 

Thb therefore i3>noC naisihg oooatrttciiiire Areasoiiy 
li ia not raising treason by analogy^ it is qot stating; 
^' like caste of treason'' not specified in, butroservfid 
by th^ statute to the Judgment of ParHament, but ife 
is stating overt acts^ wJaich are mioasures taken ift 
pimtiaiu^e of treasonahte purposes^ whbh naoasures 
tma$t oMe09arilly be 9s various in their kinds, as the 
waya and meana, by whttshi in faots and open deeda^ 
laken in piurs^iance of ita purposes, the human heart 
manifests its intent to cotnunit aome one or other of 
the treasons specified in the statute. 

jGentifiQien, the reserving clause in tiie aot is ^^ 
^eoiely material; aod^ if courts andjiiries have done 
wrong in the manner in which they have e&cicuted 
thia statute, if the interpretations, which they have 
made .of the statute, are not rights ihey have done 
it Against a prohibition in the statttte, which they 
mere cidlditippn by their oaths iduly toexpound^ ami 
thiey havp done it in the pmseoce and under the^e 
of that . Pariianient, which had expressly forbidden 
them to 4<<^ ^* I ^y the oondusion upon that is^ 
thai tht^f have done it rightly. 



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«fB ttlAL t» THOMAS HABinr, §t 

Gentlemen, the judgments of the courts of law are 
in this conntry perfectly familiar to Parliament. Acts 
have been made, over and over again, in order to 
briBg back the expositions of the law to the true 
construetioo, to the letter, which is the true con- 
strucfien, in a soiand judicial sense, to bring tt back 
again to the statute of Edward III. ; but we have 
Hved to this hour without Parliament thinking that 
they were to make so perfectly a dead letter of the 
letter of the statute^ as that they should say that an 
oyert act^ which expressed and imported the imaW 
gkiation of the mind to do the treason specified^ 
shoirid not be taken to be an act of high treason 
within die statute ; because the statiste only men<; 
fiiens the thing which is to be compassed and tma* 
l^ed, and does not mention the ways and means, 
by whidi the human heart may show and manifest 
^t k does compass and imagine what the statute 
speaks of. "^ 

Ijtentlemen, this is not all, because this is not 
otfty according to the law of England, as it is admini« 
stered in courts of justice, but also to the proceed* 
ings in Parliament, which are a parliamentary exposi.' 
t$on, if I may so state it, of the law. Proceedings 
in Parliament have been had, where the statute has 
been thus construed, and where this distinction that 
I am stating between overt acts of the specified treason 
and the ♦* like cases of treason," has been expressly 
laricen, expressly acted upon, proposed by one House 
of Legislature to the other House, and acted upon by 
theCrowii in executing the sentences of that House, 

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92 THB ATTORNEY GSNEEAL's $P£«CH OBT 

Gentlf^men, the drsUnction then is only thi 



^' like case of treason'* is a case of treason not speci* 
£^ in the statute^ a case of the like mischief^ as a 
case speci6ed in the statute ; but the identical case 
specified in the statute must be before you^ or^ to 
avoid all dispute upon the subject^ I say^ if it is a case 
that is not specified in the statute, it is a case that 
must be shown to Parliament according to the direc- 
tions of the statute ; but that facts alike \n their na* 
tore^ that open deeds alike in their nature and tend- 
ency, however various in their circuosstances^ may 
prove the same intentipn to exist in the minds of 
those who do them, and may be measures, taken in 
pursuance of the same purpose, and to effectuate the 
same thing, is a distinction that appears to my mind 
to be perfectly obvious. 

Gentlemen, I conceive, therefore, that the ques- 
tion of compassing the King's death is this — whether 
the Jury are fully satisfied, conscientiously isatisfied^ 
that they have that evifdence, by which they find that 
the acts, laid as overt acts of compassing the partica^ 
)ar specified treason mentioned in the Indictment^ 
were measures taken in pursuance of and to effectuate 
that treason, specified at once in the statute and in 
the Indictment. 

Gentlemen, I protest for myself I am sorry to 
trouble you thus much at large by general reasonings 
but you will find that it has an application, and a. 
close application, to the case. This is an important 
public cause, and therefore we should be thoroughly 
understood. I cannot understand what constractive 

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THE TBI^L OP THOMAS HARDT. 93 

overt acts mean, though I do understand construc- 
tive, treasons. Levying war against the King, not 
against his person, but against his royal majesty, is 
constructive treason ; that is, if men assemble toge- 
ther without any intent to do an act^ which in the na- 
tural consequence of things will affect the King's life, 
such as. pulling down all prisons or houses of any 
other description, that is constructive treason, it be-. 
^^g$ ^y construction, as Mr. Justice Foster says, 
against the King's royal majesty, not levied against 
his pierson ; not one of the acts of a more flagitious 
kindj wilfully done or attempted to be done, by 
which the King's life may be in danger, but which 
are levelled against his royal majesty ; these have by 
construction been held to be treason : but even these 
the Legislature has never considered as not autho- 
rized by the letter of the statute; these they have 
permitted to be proceeded upon in the country as 
sound decisions and constructions upon the act of 
Parliament ; many have been convicted upon them i 
execution hath followed ; and no one hath ever, 
doubted either the law or the justice of these deter.- 
Biinations.. But, as to constructive overt acts of 
eowpassing and imagining the death of the King, 
where the Indictment lays the imagining and com- 
passing as the offence, the overt act is not construc- 
tive, the step taken to effectuate it must be such aa 
act, wilfully and deliberately done, as must satisfy 
the conscience of a Jury, that there was an intention^ 
by deposing, or otherwise, to put the King in cir^ 



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94 THE JLTTOKITBT dBNMAl/§ tfl^^iCfff ON* 

cutnsteflces, in which, according fo the drdmdry ^X'^ 
perience of mankind, his life woald be m dangefir 

Gentlemen, I have before stated to you, (at AtiO-^ 
ther purpose, various acts, which are overt ncte of 
compassing the King's death. I will repeat thetti 
shortly : ** Deposing him, — entering into measnrei 
*^ to depose him, — conspiring to imprison hifn,***— 
which you observe is an act that may be done with^^ 
Cut ^n actual intent to put him to death,*--^a man 
may coniSpire to imprison 4:he King without an actual 
intent to put him to death, but you will find the 
reason why that is held to be compassing and ima- 
gining the death of the King, with the sanction of 
all times since this statute of Edward III* and with 
the sianctiort of every species of judicial authority, 
which the country could give ; ** to get his persofi 
^ into the power of conspirators."— Why is all thid 
treason ? *' Because," says Mr. Justice Foster, " the 
^* care, which the law haih taken for the personal 
•* Safety of the King, is not confined to actions or 
^* attempts of a more flagitious kind, such as attempts 
^^ either to assassinate, or to poison, or other at^ 
** tempts, diriectly and immediately aiming at hi« 
** life ; it is extended to every thing, wilfully and 
^^ deliberately done, or attempted, whereby his Jiftf 
"may be endangered ; and therefore the entering 
'* into measures for deposing, or imprisoning him, or 
" to get his person into the power of the conspira* 
** tors, these offences are overt acts of treason withiit 
^ this branch of this statute; for experience hath 



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I^HS TUlAL CM^ 11I0MA9 ttARHT. ^5 

^ shovMi tfaitt betw€€in the prisons and the graves of 
*^ kin^ the distance is very dinali/* and experience 
hsA qot grown weaker upon this sut^ect in modern 
tittles : offences^ which are not so personal as thosef 
dready mentioned^ have been^ with great propriety^ 
brought within the same rule, as having a tendency, 
though not so immediate^ to the same fatal end. 

Lord Hile, upon this, Says^ «^ Though the cott- 
'^ spit^dy be AOf immediately^ and diriectly^ dtfd d^-^ 
*^ pressly the ddlth of the king> but the conspiracy 
*' is of sdttiethihg that iii all probability must inducof 
'^ it, and the overt act is of such a thing as must in^ 
" dace it, this is an overt act to prove the com^ 
** passing the King's death." The instance he give«, 
as dxposito^y of his text> is thi^ ; '^ If men conspire te> 
^« iftiprlsc^ti the Kitig by force and a strong hand ttH 
^^ he h6th yteld^ to dertain demands, and for that 
** purpose gather company or write letters, this is an 
** overt act to prove the compassing of the King's 
•* death.*' What is the reason ? he gives the same 
in dub^t^tic^i though difterent i^ the terms of it, as 
tiitt whbh has been assigned by Mr. Justice l^o^ter :i 
^^ for it is in effect to de^oU him of his kingty go* 
^^ vernment*" These are the words of Lord Hale ; 
atid^ though the reasons given by Lord Hale and Mr. 
Justice l^o&tet are different in words, they are the 
teme in ^ubstan^e. It may be said, with equal truth, 
betw^eeo despoiling a king of his kingly government 
and the graves of kings the distance is very small. 
ImprtiMiment is the same as deposition, and he who 



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g&, THE ATXpBNKT 6BNBBAL*3 SPEBCR OK 

compasses the deposition of the King, according to* 
all judicial constructiqn, compasses his death ; it is^ 
the same as deposition, because it is a temporary de* 
spoiling him of his kingly government,, which, ac-* 
cording to this interpretation of the law, usually ends 
in death. 

Gentlemen, offences not so personal as those enu* 
merated fall within the same rule, as having a tend* 
ency to the same fatal end : if foreigners are not at 
war with you^ the ofience of going into a fore^ft 
country, or proposing to go there, or taking any^ 
step thereto in order to invite foreigners into this 
kingdom for a treasonable purpose, can only fall 
within that branch of treason of compassing the 
King's death : if they are at war with you, then the 
tame act amounts to another species of treason, 
which is an ^' adhering to the King's enemies;'' and 
perhaps you will find that the case I have to state is 
not without pregnant evidence of this species of oviert 
act. 

Gentlemen, having stated thus much to you, I 
proceed now to consider the Indictment ;. and what I 
have stated, before I mentioned the substance of the 
Indictment, I have stated to lay in^my claim to full 
credit with you, when I say, that no man living caa 
wish to express to you more strongly than I wish to, 
do (we have indeed, each of us, as great an interest 
in the true construction of this law, as any other, 
man can have in it), that the law of treason, in con-, 
sidering the charge, that I have brought before yoa 



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THB TBIAX. 09 THOMAS HAM9T. $7 

under the command that has authorized me to bring 
it here, mqst not be extended one single iota beyond 
what ia the estabKshed law in this country, as esta** 
Wish^ as the law is, that says that the property, that 
you bought yesterday, you may give to whom you 
please . to-mofrow. 

. Centlemeti, the Indictment, finding several pei;- 
son§ entitled to be tried separately, though indicted 
jointly, combined in a particular act, which I will 
state by and by, has charged them with compassing 
the King's death : it has then proceeded, because 
the coinpassing and imagination of the heart cannot 
be known to maa^-and there must be an overt act- 
to n^mfest it*— it has charged them with rtieeting 
among themselves to cause and procure a convention 
of divers subjects of the King, to be held within this 
kingdom^ and not only a convention to be held with- 
in the kingdom, but to be held with intent and in 
order thqi ike persons to be assembled at suck convene 
tion and moling should and mighty wickedly and 
traitorousfi/f without and in defiance of the authority, 
and -against the will of the Parliament of this kingdom, 
subvert and alter the legislature^ rule, and govern* 
meat established in it, and depose the Kingfi-om the 
royal state, title, power, and government thereof. 

It then charges them with having composed, writ- 
ten, and published, and caused to be composed, 
jwritten, and published, divers books, pamphlets, let- 
ters, instkictions, resolutions, orders, declarations, 
addresses and writings, such books, pamphlets, let- 
ters, instructions, resolutions, orders, declarations, 

VOL. llli H 

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^ THE AtirOfiirtY 6«k£ltAL^lh il'BkOfI OK 

addresses and writings, ao respedjvdy compoMdi 
written, published, and caused to be cbolpoMd^ writ^ 
ten, and published, pufpotting and containitig Aerettt 
(among other things) indtemetits, encoun^mettta^ 
and exhortations, to tnove^ induce, and persukidc 
the subjects of the King to choose^ depute^ and aenil 
persons, as delegates, to compose, not a eoni^tltion, 
bnt SUCH a convention and meetings that is, u t9H^ 
ventivn to act in the manntr that the first avert act ktti 
Stated it, to be holden for the traitorous purposes be* 
Jbre mentioned. 

It then states, as a thh*d overt act| eotfMitfiitiom 
among them, how, when, and where, such eonten- 
lion and meeting should be assembled and fadd, ant) 
by what means the subjects 6f the King might ht 
induced and moved to send persons as delegates to 
constitute it. 

It then charges, that these persons did consent 
atid agree, that Mr. Joyce artd several other persona 
hamed, should meet, confer, and co-operate ttmong 
themselves, and with other traitors, to cause the 
calling and assembling such convention and meeting 
for such traitorous purposes. 

It then cliarges the providing dF arms, of dflfereiil 
descriptions, for these purposes ; and then it diarges 
a conspiracy to make war in the kingdom^ and it 
charges a conspiracy to subvert and alter the legtsla- 
ture and government, of the kingdom, and to depose 
the King ; that is, as I understand* it, that,- if yoA 
should not be satisfied that the calling SuCh a con^ 
vention, as is menttoned in the first part of the In- 

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'^tJfiisa^ ^s ^ m&n to effectuate that cooipolsHng 
ms4 ma^iMioit, ffrbkh is mentioned tn tbe inlro- 
4uq|ory p^trt<of the Indictment, jid: you wiU find iii 
a^ tmieme, wbidb J^ to be Jaid before you, even if 
j0a pajr no attenlfop to.tbdt documstance of calling 
« G€»weflti&n, sufficient evidence of a oompirdty to 

It th^n staijes again^ that th^ publisked sevlsral 
bc^^fcs^ ^nd other aafttters of tbe same kmd, in order 
te brii^ about the traitorous purposes kut «iasiio»- 
edi mA charges, as a Airtlia: otert act, proTiding 
^mis^far that purpose. 

Nowi Gmtlemcn^ hairing before ^ted 4d yon, 
thUt a conspiracy to ddpose the King^ sad I hare ndt 
irtfi^ {t to you in my own words, but in the words 
of the authorities I mentioned, that a ooospincy to 
deppise t^ King, that a lionspiracy to imprison the 
JKing^ a con^racy to procsire an invasion, with 
Mef^ Uktn io effectuate sud) a conspiracy (a coti- 
fpifaey ibdeed itself beii^ a stq> for that purpose), 
•is ttttasonti you will obs^ve that, in this Indictment, 
ft roilspiRacy Ip depose tbe King is express^ ^arg« 
]di^ Atidp I think, it will be dearly proved. If la 
ednsfSracy to d^ose the King be an dvert oitt of 
hl^ treasoBi peMiit mie tbeti to ask you, whiat can 
a pt>Q$ipimby to subvert the thonarchy of the country,, 
jnehidmg in it the depbsitbn df the King, be, but 
Ai overt act of high treason ? In the ofc^ect of such 
ii:eans)>inKgr the King » necessarily iavphrec)^ and it 
ift already slidwn that censoring to xlepose him is 
compassing his death. 

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<ieO THE ATTORNEY OENEBAL's SPBEClt OTST 

- Gentlemen, read as you are in the hiistofyof the 
coontry, give me leave to ask yoti, if measures had 
^been taken, after the Revolutioni to e(ftctbate a 
.conspiracy to dethrone King William, and to restore 
-'King James, M^ithout all doubt, the measure taken, 
.would have constituted the crime of high treason 

within the clause of compassing the King*s death, 
'although the conspirators could have been shown sa- 
"tfefactoriry to have no more meant the actual natumi 
-^ieath of King William, than they meant the actual 
7initural death of King James, whom they intended 

to replace on the throne — but what says the law to 
,that ?«-*-tlie law says ycat cannot mean to depose the 
.King without meaning to endanger his life ; ^nd, if 
^you mean, to endai^r his life, you must abkle the 
'.consequences G(f it. . 

t Put it another way— If the project had been to 
.depose the same King William, and measures 'had 
-been taken upon it^-f^not with a view to bridg back 
^to the throne King Jamts IL but merely to send 
,back King William to his former character of Prinoe 
-of Orange, and not to restore King James, but to 

restore ^ commonweaith, which 14$, what I think, I 

shall satisfy you, those, who are charged by this In- 
; dictment,. meant by ^' a full and fair r^resentation 
, " of the people," whether you call it M a full and fair 
*" representation of the people in PariiameM^^ or do 

not iMe the words ^* in Parliament,*' tan a lawyer Jbe 
:fovmd.to say^ th^ it eobld be stated in law^ that it is 
rPPt high treasDn ? I don't know what may riot be 



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THB TBIA£ 09 THOMAS HABOT. . lOi: 

stoted-^all that I mean. to say at present is, that ac^? 
cording to tbe best lights which I can get; of the law- 
— under which I have lived, it does not appear to me» 
to be pirobablej that any man will so state it. Far* 
be it from me^ however, to ha\'e the vanity to say. 
that (avowing that I should certainly not think of- 
enoomnt^png the current authorities of the country 
for c^titriei) I am, without the possiWlity of con-ji 
tradictkiB, stating thdtl am following the auliiori^/ 
ties of thi^. country for centuries ; but I am ready tox 
say dm, tha.t I cannot conceive or imagine by what) 
speqies of r^^asoning, or upon what principle, or upon; 
what authority, it is to be contaided, that this would, 
not ^ve be&n high treason. 
. Gentlemeni take it ariother way-^If the regicides; 
of King Charles I. bad been tried for compassing th6 
death, of King Charlesl. supposing they had only* 
deposed him, instead of putting him to death, could 
t^ey have contended^ that though they would have 
been giiilty of Wgh tieason, if they bad placed ano*. 
ther individual upon the throne (which would have> 
been alijc^e to the case I liave put, df conspiring to. 
put James in the place of William), could they havel 
contended then, that they were not guilty of higlb 
treason, because they deposed the King, without- 
substituting another; King in his place, and because? 
they left the government to be filled up by the oom^ 
monwealth,. without a king ? . . r 

Give me leave to ask another thing—Suppose ib. 
bad happened after King WiUiam came to; the 

H3 

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lQ2t THB AnOBNM GSMTElikLY S9lE«tt OK 

throne, that not thpse evenM^ ttrnt did a^tuidly hdp- 
pen« took pbce, but that any set of ttlc^ io ttlia 
country, should have Tentured to meet in a convM- 
tion of delegates from affiliated societies, ktr fbe 
purpose of deposing Kifng WiUtam) under ptistMdi^ 
df assembling a convention of the people^ haring, or 
claiming the civil and poinical (mtbority of the ckMin^ 
try/ and: intending to have no king in the dtentry, 
wooid ft have been possible in £ing . WiHia^*s Irme 
ta have contended, because they met, under pre* 
fence of bemg a convention of the people, assuming 
to themsehres civil and polUitii) aotliorit^» and with 
sbcb meanings that the conspiraK^- was not as cdm« 
pletely a compassing the deatbof King W^Kstti, as* 
if the conspiracy had been, by the same peraom, in 
tbe caae of affiliated aooietiesf, fenmng tbelikj^ e^n* 
v^intion of delegates, to bring King Jamea agatti ta 
thethcone? 

If I levy war in this oountry^ agaimt the KUngf, v^ 
irAmt to bring anptben upon ^ throne, land^ g^ii^ 
of high toeason. If I levy wai-, that ia an overt aefr 
of cpmpasaing the i^iog^'s death. If I conspiri' ti^ 
levy direct war, that is a compearing of the King"^ 
death, unless al) the bnmches of the. legit]ijlttre^hMP# 
put a man to death qpoii ^u eimr* if I holda Ibrw 
tress agmnat the King to put aodother upon hi» 
throne^ 1 am guilty of high tnaasom Am igotky of 
no offence if I do the same aots, not for the p«rpo80 
6{ conjtinuing the monarchy of iho oountoy in* aiK)« 
tiler person^ but (or the pui|>ose of destioying the mo* 



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aircfky alK^her i^ Wh^t is thia but doing an aot^ in** 
vcriyiiig nit ivgh treason^ and more ? High tresaon 
iadqiiiapii^ the King ! more — ^in bringing about all 
tiifttecMi^oisal anaroby^ which we know, which thf 
ciimwceof mankitid px>ve8 to be comequent upa^ 
tbo idimge^ whf»^. the cban^ is not only of tha persons 
who actaouimtef jtbe government, bat of the govern* 
flQBQt ita^t if 4arfnf^ioi9 pan be called a change? 

G^demcQ^ to a^rt therefore that a)ea9ure83 takeo 
for a total $abv)ersion ^f the monarchy of the coun^ . 
Iiyy iac^udioig in it an intention to depoee the King 
(mark the. woi^*! $tate> including in it an intentioi) 
to depose the King)^ are not overt acts of compass^ 
Mg ^ i^iogV deatb> meirdy beoaose the statute of 
fid«rted m. has ^ot included all overt acts in word% 
)ittitbfis,laft«Q Juries to determine what are overt acts^ 
by;: itbiidi thry can provably attaint — to assert thal^ 
Hm itatute dpea not. incIiK^ the case, because it is 
Mn4«««ing.the death of th^ King, and mor€ ; if this 
were to be asserted in a court of justice (what is as^ 
Mttad wt of a oowt af justice no nmn pays much^at* 
iitttion to), I abouM <«rtainiy s^y of it, that it was 
Hkm iisiitiw Df thoat^. who had illi^onsidered the law* 
«nd iC asaarted out ^ a ieourt of justice, and with ♦ 
lifafiaiice to ivhat is ti) be d<^»e in a court of justice, 
I flhoaldisay i% deaarv§d to have an observation of a 
iMMiriior kij«di inade upMi it. 
: 1 ^^TUa Iiuliotaimil^ hw^^im&ag a eon${^raay to 
depoaa thesKittg, in eapriw.terffis* of which I sh^ll 
'mAAbt^Q9n is abm^llt^t svidence, ohai^e^ 

« 4 • - . 

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104 THE AT'Tfttmnr 6£KB11A.I»*$ 8fBB68 OV 

* • 

a conspiracy to dill a convention against the wUl^ in 
defiance of, and against the avih^rity of Pdrliament^ 
jfor the purpose of deposing the King ; it diargsei for«^ 
ther acts, namely, that they caused to be oom|KM8d 
and written divers books; pamphlets^ letters^ instnie^ 
tions, resolutions, orders, declarations^ addresses^ 
and writings, containing incrtements^ indQCementti 
and exhortations, to move^ seduce^ and persuade the 
subjects of the King to send delegates to such con- 
vention ; as to which I say of many of them, though 
I did not know their real character till I had sera 
them all together, that they are both overt aets^ and 
evidence of overt acts of high treason. 

Now, before I state to you the particulars of the 
evidence, I am airaid I must, however gainful it is 
to me to ask so gre^t a portion of yoiiir attention, 
trouble you with some general observations, that I 
think will have ^ tendency to render intelligible to 
you the complicated mass of evidence, which I bftM 
to lay befone you. j . 

' Gentlemen, the convention, meant to be calM 
by those who are charged with the conspiracy in this 
Indictment, was, as I collect from the eflStet of the 
evidence, a ccmventton of persons^ who were tm 
assume the character of a convention of the peopksi 
claiming, as suob, all civil and political aiithoiit)^ 
proposing to exercise it by altering the goveromei^ 
otherwise than by^acts of the jMjsmt oonatituted 
Legislature, otherwise than hy those ftatotes, asoocdK 
ing to which the King hasswi>m«t thehatardoC 
his life to govern. 

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nn TBtAXr OB THOMAS ttAHBlT. 105 

GentlaDen,^ if this is made out, it appears to me 
to fpiiow necessarily on the part of a)l ivho took a 
stqi toassemble it, that they are guilty of a cohspi* 
lacy to depose the King, to depose him from the 
diaract^r, which he holds in the constitutic^n of the 
^vereign power of this kingdom, as by law esta-' 
biisbed, that kw by which I again repeat to you, ho 
is sw«>rn to govern. 

Gentlemen, if they conspired to assemble in m 
convention, which was of its own authority, and 
agakist the will of the Legislature, and in defiance of 
k, to act as an assembly to constitute a go^rjnment, 
and to assume so far sovereign power, it is, | con^ 
eeive, according to the law of England, ^ conspiracy 
totlepose from the sovereignty him, who, under thd 
restraints of the constitution and the law, now holds 
that sovereignty. There cannot be two soverdgn 
powers in a state; there may be a complication of au« 
thorities Tested in a great variety of persons, making 
tip one sovereign powa-j but there cannot be two 
aovereign powers in a state: it is impossible. If a 
ijieetang assembled, as a convention of the people; 
arit>gating to tiienwelves all civil and. political auiho«» 
taty as such, and meaning to exercise it, one or other 
of these consequences must follow: the King and 
ibe Fariiament must be obedient to the meeting, ' or 
tiie. meeting, assembled as a convention, must be 
ofaedtent to the King and.F^liament: if the meeting 
ift^a be obedient to. the King and Barliament, it c^n^.^ 
|ipt tffitet its pnrpoees ;. it is imiaoSBible : if its pur.^ 



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lOfi THB.JlTTOSNBT GSVEtAL^S SraaCS Off 

|KMe be to depose the Ktngi I ntsy, a oo ni p im gy'ta 
obU aueh a meeting ia an oreit act of high traaaon. 
. GeotletMii^ I beg your attention to my easprrsh 
msm^ : if the meeting naeaus to oblige thr King and 
FaHiamept to be obedient to tbem bj the ^i^ertion o$ 
open forcej, though it may not efToci itf purpoee, 
^t makea no dilierence, the law muat be the aaflse 
— I may be wrong perhaps in stating the hw, bnt ik 
appears to me that the hw must be the same if the 
iaeeting projects the purpose, whether the fmet o^ 
Ibe meeting' le aoiBotent to effect the purpose or wit» 
. Thia> I 8ay> is a ooospiracy to assimie the aove'« 
mgn power : it is a oonspiraoy therefore of neoessify 
HWttot to depotfe the exiting power^ mid of necessity 
to depose the Kiog^ I say meant to depose ; fee 
I nq»eal it, that whether the omsptracy ia suooesifai 
er not, is immaterial. 

- Gentlemen, though the particular fiiet of criKng 
each a convention, now alleged as an overt ant of 
treason, nny be represented to be new in the btalory 
of this.country, it is not therefore, and heosose ifc ia 
new, Qnly inasmuch aa it is more than cH&tmif 
aodabious, less an overt act of compaasing the 4e«tli 
or deposition of the King, if Ike inleiirt of it wukto 
adsvert the sovereign ruling power. 

Gentlemen, there is anotheif distinction,, wkkli. I 
wbuki beg your attention to. It is of no cooaefMBoe 
whether the first meeting, proposed to 6e assembkdj^ 
Hasi desigrwd ko he a cmventim, ihnt fhmUd asnmm 
ulL ^ivil andpoliticai autfumty^ ^ arof onh/tM ( 



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Tii» nelAL 6p thomm itaebt* 107 

4li MMM tf firming a cortsHtueni assemhlif^ a hody^ 
which should asmvme Iv ; for any act takpen towards 
aaaaming it against tiie wiD, in defiance of, dnd 
agatmai the auChonty of the King and Parliament, and 
Mmoving him froan that situation in the character (^ 
a^eveign, vchicA he has* in this country; any act 
itkim towards the formation of a body, which was 
to assume such authority, is an act of conspiring the 
dappsition of the King; any act towards convening a 
BBtional assembly, to act with sovereign power, not 
fermed by the Legislature, is an act done towardt 
ikeposing the King> who now has, under the restraintt 
eftbe constitution, and the provisions and limitations 
•£;the law, the so^reign power vested in him. Toa 
Mnnot set about organizing a body^ which is thus to 
iet, withoul meaning to depose the King, without 
meaning to form a body that is to usurp the powers 
efgotemment. 

Gentlemen, I think the evidence, that I shall lay 
before you, will most abundantly satisfy you that the 
MnveHtiiHi, which the persons charged conspired to 
form, was a convention to alter the whole form of 
the sovereign power of this country, that it was to 
form, or to devise the means of forming, a represent 
MlOe gmernmem — to vest in a body, founded upon 
unif ersal suiirage and Aie alleged unalienable, and, 
as ttiey are called, imprescriptible rights of man, all 
the HgUhxtwe and ea^eeuth^e g^ernment ef tfte coun^ 
iry ; that a conspiracy to this end would be an overt 
let of high treason, I presume cannot be disputed ; 



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it <]eposes the King in the destroc^ipn of tli& i!^^ 
ofEce in the constitution of the state. 

Gentlemen^ I go further : if it had beeti intended 
to have retained the name and office of the King in 
the country, and to have retaincfl it ixi the person oC 
the present King^ creating, however, by the autho* 
rity of the intended convention! a new, legisiatufte^ 
to act with him, provided they would albw hioi to 
act with such new legislature, and thus calling upotf 
biiQ to act against the express obligations of hi3 co« 
TOnation oath, if he could forget it, it still would 
have been a conspiracy to depose him from his roysd 
authority, as now established : if he refused tp act, 
be must necessarily be deposed from that authority i 
^ he did accept, he was not the King of JEnglandj aa 
be is established by law the King of £ing}and. , But 
he could not accept ; he could not so govern ; heja 
sworn not so to govern ; he must refuse, must resist, 
and, in consequence of resisting, his life must be in 
danger. , 

^ . Take it either way, that persons conspired to foria 
^ cQnyention to assume all civil aud political autho* 
fity^ aS; pretending to be; a convention of the peof^ts 
(I care not with how much audacity they pretend tp 
be a convention of the people), or to. devise the 
means of constituting such a convention, in orders 
and with the intent, and against the authority of 
Parliament, Uiat there should be no King, or in 
order to the erecting, by their own authority, a new 
legislature to act together with a JCin^, and t^g^hef 



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^ TBS. TXIAL OV TKOUM HABBT.' lOQ 

miidrtke, Kmg^ i£ they pertnhted Me present to be Me 
J^iTz^, I sabmit that siich a conspiracy is an overt 
act in the true construction of law, and high trea^^ 
fioo. intcompassiiig the King's death. The King 
must be deposed while such a new constitution was 
ihiming ; he could not treat with such a convention 
tiU 1^ had been deposed ; it could be those only, 
that had soverd^ authority, that could frame a 
constitution : then he is surely, by this, despoikid of 
ilia kingly government, even as in a case of tempo^ 
jwy imprisonment. I repeat again, that he could 
not, consistently with his coronation oath, do other- 
wise than>gect it when framed : it must be taken 
for granted he would rgect it ; his life, therefore, 
OQoid not but b^ in danger. To suppose that such a 
meeting, wbidi proposed a new constitution, would 
depart quietly home, and not act, if it w!as not ac^ 
eepted, is out of the reach of all human credulity; it 
is not according to the ordinary course and expe- 
dience of^mankiiid^ to suppose tbat they should meet 
in numbers, and n^e no use of their numbers, if 
the show of them did not produce the effect intend- 
ed : this is not according to the ordinary course and 
experience of mankind. 

Gentlemen, the King in iiis Parliament could not 
^ the ^oviExe^n pow^ the moment the meeting 
could act as a national constituting assembly, or 
could direct, with effiect, such an assembly to meet. 
The power.so to act, or to organize with effect such 
a meeting, that should so act, must pro tempore de- 



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310 TRS ATMRVST «iNBUlL*i tTBMDi OK 

fKxie fSfftfj Other powtf« This tk tte tshatacter tof a 
eonrentioii of the people^ I thiak^ as ^ifcti in tiie 
evidence I have to lay bdbm jroa^ With tadpoctia 
tb« Defendaot^ I think I sbatt vitiiiiy yoa hs 
j^)ired to call such a conveation ; ai^ that he 
tbut The coQvention, whkh J am t6 coil^ it irresiatiWtf^ 
k is unlkfiited^ it is uncoiltnrilable^ and that by sikldi 
a eoDVdntion^ my ftdi and.Jkir npreteaiaiiaa tfikif 
people, or ajkll dnd fair npremUAthn m PtitUt^ 
meni (if you choose to take that expresrioa, foi^ ft is 
Dot mer^ esc{^iession that d^rtoinebiwfaalmeii aieaa), 
is to be accomplished* 

Gentlemen, in the country in wfaidi I am speak* 
jng, vrhen a Vacatit throne was given (I am now al« 
iuditig to tlM time of King Williaih) by thtne^ isftio^ 
as they are stated in the Bill of B^a, represenMd 
all the estates of the peofile of tins! reslm^ to Kiiig 
Willidm and Queeil Mary, they^ virho gave it^ oi^Md 
to have or to exercise the powfer of wver^^Aty : 
in thbt inittant^ as every lawyer must speak of it> ki 
that instant the sovereign power of this ooontrf to- 
Came Vested in the Xing nfid Qu^en upOn the throne, 
to be exercised in l^islation, undonbtedly^ with the 
advice and consent of Parliaoient^ formed acowding 
to the law and 6ustom of the dooi^try^incapaMe of 
being exerdsed otherwisfe, and, as to the e^cecutt^e 
authority, exercised under the control of provisions 
and limitations of the lafw and constitutidn, andwiCh 
the advice which, in every act virhioh the King does, 
makes somebody responsible. 



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tim iftiikh *# VHosfAir wAMr^ lit 

t iMkt that tht d^ign <tf odnnpirfiig tx> MMmMe 
the people, who v^^te to act as a oonveMtkm i4 ^ 
jpebpiey iSAtiArtg alt ctvfl ttHd politioal authority^ dr 
dkUfAiilg power to altera agftinik its WfH^ lite MMtl^ 
tutedlegiaiattit^, of a tneetmg to form the TMmt of 
brittging together such a oonv^ntiofi ^ to act^ is att 
ACfteinpt to citiate a power dohversive of the aothoriqr 
0f the King abd Parliament, a po^et^ whioh he k 
bound by Oath to resist at all haisards. Blit H ^Hl 
M* ^e£ft h^fret this will be aufiictetttily proV^; bol 
^vi^Hace tk^ill Hkewiae be ofi^red to you aa safthfaetory 
to prove that the eiepresa ol^eet of caUing this ooo^ 
^rentioa, the express obje<^ of appointing a oommittee 
cf conftreneeeod eo-operation, whieh was to devi^b 
the ifiean^ of constitnting such ft conveitfUon, was 
ultimately, and finally, and in their prospect, tiie 
deposition iff the King,. 

Oentleraen, beyond thi^j and aupposing it not to 
he proved, the Indictment has charged aa Overt act^, 
aeoA^pirjK^y, without the ftiean of a convention, and 
not through th&t medium, to depose the King ; If 
that Conspiracy is made out by other acts, though 
neither a convention, assuming all political authority, 
nor a meeting to devise the means oi oallif^ a toiit* 
vention, which should assume all political authority, 
was intended, yet the Indictment is made goOd« 

Gentlemen, the Indictment further ^^hai'fies a$ ^ 
overt act Of compassing the King's death, whiA 
without question it is, the conspiracy to Jevy vftt x •! 
do .not mean constructive war. Thi* I state, 'with- 



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out qucitiont to be an pvert act of oonifMmiiig the 
£ing*8 death < A rising to oblige the Kic^ to^jber 
his measures of government amounto to levying war 
urithin the^ statute, A conspiracy to l9v.y..war for tlM 
purpose is an overt act of conipassiog the iUog^s 
ikath. If they coc^pired to form s^r^pre$entati^, 
ffHfemmenty excluding th? King entirely, which I s^ 
is the faicl^ ofi if they conspired not to Ibrm^a reprcr 
jientativ^ gdyernmerft, excluding the King entirely^ 
kiA ytet to compel him, by their own strength and 
force, CO govern with others, and without Uioae^ 
.which he chose to remain with him, by whose advice 
^mad .consent alone he is sworn and bound to govern, 
J ijfYean the great Council of the nation, the Lords in 
;Par]iamwt assernbl^d, ,the Commons in Parliament 
asisembled, according to the constitution of the coun- 
try, and to substitute against his will, and against 
the will of the present constituted authority of the 
country another authority, formed on the principles 
of universal suffrage and annual representation, an4 
' so formed, without the authority of Parliament, I 
.must submit to the Court, and to you, that conspir- 
ing to do this would be an overt act of treason of 
.deposing the King, and therefore of compassing his 
4eath, 

Gentlemen, you will also observe the Indictmei^t 
has charged^ and proof will be offered to you to make 
it out, that these objects were meant to be carried by 
"force, by actual force. 

Gentlemen, the case, as; I have hitherto repre- 



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tnt TBiAL ow thom'as hardt. f is 

rented it, is not a case aiming merely at intmiideiting 
the Legislature, and inducing it by ah ^t done, whicK 
was, according to the farms of the toiistftlition, to 
bury the constitution in its'gtave,- to new-mouW the? 
•overeign power J the caSe goes fer'- beyfind thii ; ap- 
pltcattoti m toy «hape to Fariiament wai'flbt only dia^ 
avowed, h\it the very cohipetency of Parliament, if 
applied to, to make a law to new -model the goverti- 
ment, wate disputed, and denied ; the idea of that 
competency was held to be irfeconeilabU to the vef-y 
principle upon which these persdiii^ assembled, f 
most however insist, and I mean to do' iti with thai 
full coneurredce of my humble opinion, that a coh- 
spiraey ib compel the King, by force, against his wilU 
tti^vif his assent to an act obtained from the Housei 
of Parliament in order to alter the government and 
frame of the constitution of the country, whether it 
Was obt^n^d from the two Houses of Parliament, ot 
mthef of thMt, by overawing them, or not overaw- 
ing thei^,-T--that a conspiracy, by forte, to compel the 
Kiftg, in the exercise of the highest dtid most essen^ 
tihliict Of the sovereignty 6f this country, in the act 
of gi^ng his cpnsent to such ah act,— to compel 
him, by A>roe, to d6 that, is unquestionably an overt 
Acf of treasidti in deposing him, and in compassing 
his death* It is neither more nor less, to explain it 
in a word, than to substitute the will of those, who 
ooa$piriMl ta force him, in the roomi of that royal will^ 
in which, and by which aloncf, the laws of this coun- 
iry» |f^' the constitution of this country, have smd 

VOL. 111. I 

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\14 TUi; ATTpRNBY 0£KBAAL'5 SFBfiCH ON 

that a bill (however obtained before it comes to hicnX 
^hali receive the authority of a statute. 
, .Gentiemenj^ I have thought it necessary to state 
^us much before I come to state the circumstances 
of the case^ and I will state to you in a word wby« 
It is not to be expected by persons^ who execute the 
{reat and important duty in the great and important 
station^ the functiops of which you are now called 
ypon to execute^ that counsel at the bar shall be able 
to state to you law^ that no man. can question the 
soundness of; nay^ Gentlemen^ it is not to be ex* 
pected by you that counsel at the bar should be able 
to state to you in all cases law^ which men of grave 
diaracter^ and excellent understandings^ of greats 
feason^ and great experience in their profession^ may 
|iot dispute the soundness of. It is the duty of OMin-* 
fel^ more particularly it is the duty of that counsel, 
who ought to remember that^ if^ in prosecuting the 
subject^ he presses him unfairly, he betr|iy» in tbe 
most essential ppint the duty which he owes to the 
sovereign : it is his duty to endeavour faithfpUy and 
}ionestly to explain and expound the law, tb|it is, tQ 
;ipply to the facts of the particular casCj reasoning 
vpon the law, aqcording as he is able to do it> in thq 
exercise of painful industry, exerted under the re^ 
flection that he is under much obligation at least to 
endeavour to pepiiesent the law truly. 

Gentlemen, I have thought it my dirty, iii a pj^Or 
secution, the principles of which . interest the civil 
tl.?PpiAQs$ of aU mankinds (p njieotion distinK^tly aii4 

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THfi TBIAt OF THOMAS UABDT. 115: 

flirty what are the principles upon which I proceed ; 
I haTe no doubt in my own mindy but tbatl have, 
stated these dcx^trines as the law pf England would 
state them, and I claim from you and from the pub* 
lie that, in the fair exercise of my duty^ conducted, 
cinder such a sense and understaitdiBg of that duty^ 
' as I have now explained to you, you and they wiH 
do nhe the credit at least to think, that the principles* 
« which I have stated are such as I believe to be sane* 
tioned by the law of England. 

G^itlemen, I sliall presume for a momenti after 
having read to you the Indictment, and given yoii: 
that^exposition of it, which I humbly offer to your 
attention, that the law has (at least, according to my 
jadgnnent, it certainly has) been cprnplied with ii\ 
these respects; namely, the Indictment has told yoa 
with' sufficient certainty what it is, that is meant tq 
be imputed as an ov^rt act of compassing the King^ 
death. It is not necessary to be disputing that now, 
because^ if I have, failed in the due execution of my 
diity in that respect, the Prisoner cannot be injured 
byit* 

Gentlemen, I have before said to you; that, inik 
case of high treason, the evidence must not only bf 
convincing, but it must be formal ; and, though the 
object of the security of the person and government 
of the King is the highest ol]^t that the law has 
looked to, yet I must, at tlie same tin^e, inform 
yea, that the law for the security of the public^ 
iriuch to in truth part of the object ipyiolved; in thf 

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110 THS ATTORigST GEKEKAL*S SFBBCH OH 

object of the security of the person and governmfent* 
o(ihe King — is essentially united with it*^and inse- 
parable from it : the law has required not only that 
you shall have one witness, if he were the oiost 
credible man m the world, to give oonvincir^ evi- 
dence of the fact, but that that convincing evidenoo^ 
must be rendered yet more conclusive, by the te$ti« 
mony of two wftnesses ; that you should at least 
have one witness to- one overt act, and another to 
another overt act of the same sfiecies of treason. 

Gentlemen, having stated to you the project, in 
i general way, to which I appr^end this Indictnient 
applies, I presume that you may possibly reason thus; 
When this Indictment charges, that these persona 
Compassed the death of the King and to depose him, 
^^that they conspired to assemble a oonventioa in 
defiance of th^ authority of Parliament, — to subvert 
the rule and government of the kingdom, agaiiut 
the will and in defiance of the Legislature, — to de* 
throne the Monarch, reigning in the hearts of a 
great majority of' his people, you wiH naturally afak^ 
«— by what process was it, that such persona, ai 
Ihese, could elftictuate such a purpose ? WhetiJthe 
Indictment charges, that they composed a great 
^rariety of -books, containing ineitentents to choose 
^rsons, as delegates, to compose a convention for 
such traitorous purposes,^n what language; you- w^ 
Naturally ask, could such incitements to siidh a^ino^ 
tnentous project, have been convej^ed, imd to wlwm 
xxmli ftat kmguage have been addnsMed ? lfV1ien4t 



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r- TUB miAJs QP THOMAS 9ARDT. 117 

diidf||ei^, tliattbey toisA, and deliberated among tbem-^ 
^dhi'seft,. l(Qgether with <iiver» other ftlse traitors,— a^ 
lihatt (.tiGAe, iq wlaat maqner^.and in what plaoe^ ij^ 
m^yct^ a9ke4 have th^se people met to. delibe^atq 
|]^oiir>that project, for the accomplishment of which 
^ vomni f^r^m most be engaged?— ?fiy what mean^ 
Irere they to bring together the subjects of the qqi^«% 
try, it^ Afad 4t)^tes to such a traitorous coqiv^n 
tioQ^i te^su}nre..$pch sovereign pow^r ? This sort oC 
qaesti0n7.may Jbie pursued. I shall not pursue it bj^ 
(ri^ikt^vatioiM japon ^V'fry overt act in ^^is Indictment^ 
'^L^osi;^ ^Gentlemen, my answer to this is a sborj^ 
ob^ :Mi:ibink it will b^ proved to ypur satisfaction,^ 
fhat^ia^ they meant, m the words of » the act. of Fkr^ 
UamoDt^ lo ifttrodiK^ that syste^n . of no^isety aii4 
^medbyy wbiob prevtii^ in Fraqpe^^th^ mieant ta 
iaknodoce it by the same means,~<!to proceed ^poa 
tho.jMimefvwdplea to the same eindirrand by ifae 
aateeisfita to estecote the same pvrposes, 

> £rei»tl6men^ if.tjht^iiperienGe of J^rc^ had n<^ 
manifested what has passed in Francft (and this pron 
jeot »!gbt pirtiaps ^be bright frpm J^r^^q iQto 
Greafcjfirilain by birt an. injdiyidual or twp), if that 
esgBn^cfi had not sblQw^ us wha( has passi^ ip. 
Kmhux^ to the dbstrtiction of its old gpyernmentt-*-tq 
thb 4tttt»icfeian slike^of that gQverpipiaqt, whicl^ the/ 
Sttbslitttlfidi]n-tJb& roten of its oldvgoyernmenjt-«^and 
vyibfch^ in 4faeflast adL of its ppwer,. prq^e^^d against. 

^fesistenoa of dubs^ as incompatible with the se*. 

eibit)^-jpf.any>0ranlryi I:sayf till thq^subyersi^n q$ 

13 * , 

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MS THE ATTOftirST GBNEKAl*8 'SPBVeR OST 

government in l^'rance took place,, and »pon prki* 
ciptes, to a blind admiration of which in thi$ coimtiy, 
•i— a country which, under the peculiar lavour of 
Providence, is alike in its blessings, as it is m iUf 
situation, *' toto divisor erbe Britannos,** but in 
which we have found a disposition to s^icrifiee al) 
those blessings — it conW not perhaps have entered 
into the heart of man to conceive^ that a preset so 
^tensive should have been set M foot by pera&os in 
number so few;— ^that a project^ existing) idlnost 
every where, should yet bp visible no where $*^thal 
a prcgeet should be so deeply combined^ and oooipli. 
cated,-^should exist to such an almost inootiieividile 
extent^^^shqufd be formed with 'M much politfesl 
craft--rit could not enter into the heart ^ 4lum to 
conceive, that^ it should kave^i^isted in any cCMhrtry, 
much less,' that it was possible that it should ^«t in 
this country of Great Britain to tb6 eJcteM in^whii^ 
I am sure, whatever yOur vetdick may say is{siin the 
gtfflt- of the Prisoner, you wilf be-satislied^it *)iaa 
existed in this' dountry. ' . - » j /.i .•• 

But the taw of England dot^s n<yt neejuife that any 
such casej as this, should be prdved before yoiii If 
you are satisfied that what tite Indictment c^i^gtap 
was imagined, and that a stepwWtaken to ef&eloata 
that intent, it is enough — it is not the eictaib, in 
which the project was proceeded Uf)ot^-^it4siiiot tfaa 
extent^ to which the project was TuinoosU-^it is n6tk,^ 
necessary to prove, that the means wjere as compe^^ 
teq^ to the end prop6sed> as they were tbdli^tr ;tft 

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' 9HS TAIAL or THOMAS HARD7. 11$ 

be, by those who used them. No, Gentlemen^ th^ 
providence of the Jaw steps in upon their first mo^ 
tioD^ whether they furnish themselves with meani 
^deqaate .or inadequate to their purposes — the law 
steps in then, conceiving its prof idence at that mo^ 
meat to be necessary for the safety of the King anil 
the aecnrity of the subject. 

Tbe^prcgect, the general obarsicter of which I shaft 
give you, proving it by the particular facts, and ap^ 
plying the particular facts (for I have no right to give 
yo\^ the general project, unless I can so apply iht 
.particttiar facts) to the pei«on now accused/ seems fl» 
fiK to have been this. Impwted from France in t)ie 
bttw end of the year 1 791 or 1793» by whom 
brcmght hither it does^ not much matter, the intent 
was to constitote in London, with affiliated aocietiei 
in . the country, dubs which were to govern thin 
couiitfy upon the principles of the French goveniK 
iMot^ the allied, unalienable^ imprescriptible r^ts 
ttf man, such, as they are stated to be^ inconsisteiit 
in the very nature of thcm^ with the being of a Kinf 
or (tf Lords in a governmenti-^epoakig, thenefori, 
the moment they come into execution, in the act of 
creating a sovereign power^ either mediately or im^ 
meduitely, the King, and introducing a republicaii 
govermnent with a right of eternal rdbrm, and 
tfaerefore, with a prospect of eternal revolttt;ion, 
MGenliMKttytwe^haiieaH heard of a -club called tfafe 
Acobfo €iub at F^ris. This, with its affiliated ao^ 
s^*-««&>wevpr impossible it was thought that )t 

14 

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should ^fSsQt auch thin^^-^h^werer mH the nwi 
would bav^ been thought, into irhorie head midiitt 
imaginalioQ cpvild have erlteffd.aa that*kJDoald effiwt 
them^'ficst overset 0)0 whple coDStitutioo, «hedm» 
t^o(^ckQed pother, which could not eiiist.upon ^le 
iprinciple^ which gave i( birtbt and has fimiWy ittlra*. 
duced government after . gomnm^nt, tiH it liaa at 
fast kft th« cpwtry ii^. that.undcisciibaWe attftie of 
l^^a^ iQwhi^h )ive now ^ee'it. . 
i^ Qei)t}m(Qn^ /th^gr«it end* of the penscna cDBotm^ 
^j id ,this iir^^t^ th0ogh,nirt altogether viaiUe^ or 
Ao|:.Qu^h dt.Pdosad lupoP: .its :first formatiob, ww^ 
^w ^heyllad.wfficiMtlyl diffii^ their piindipin 
Ahr/c^iigh ;thi^>cf>u9|ry^ .by artifice^-r-hy ilnion3««^y 
jDmthin9)ioT^f!rr^ya(l^^ (the 

wtio^-forrtied Cte {rfqjwt, vrtipe*er they waney 
t^durimg to fierce it into texeadtion, by. meana.iifaich 
'perhaps WO!«rid'^hQtk:theintnd8.9f itieo t]pat'a» 
ail^ys;jdwelHi^.i9fK»h p6lUioa! jsubjfats)^ ; to^assttaUe 
jKCOikmotion^al delbgatasirom d&ifas, to assKane tiM 
^wer^ of the. |>ccq>l^: supported) is. the aasuiii|)tton 
^d exeiri^e •<^;tbfat-power:by i|»e individofl meaa- 
%ers of tboriiiSiiato^^SQoietieSi and by tbairdmibflifai 
^rengtilt;...'... -: •: -ii • ■ •.' j . , - .. .'>i-* 

(f .Gtollemen, we-haYeinoioccaaiQii inithifcawe to 
ifae:disputing lipoa abstract <|juestsonSi as ta tbepow 
of the pebple to ehai^g^e^ their gopernaiant. fialaie 
ib you. th&l the intentibnwas, to^asamfafea oon- 
^rantion of delegates from those ddibs^ tb atenfetfae 
powers of goveroment. The people^ the 



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im}0v^ Mi^berpetpfefadifeilse lo aily change} 6i%^ 
iifllgoitiitng^ : bfrtiwe^ abuses in the adaMiHitlr«iioii; 
of :tbe igQvbriHileirty «mi vioes in the form of the 
goyecdmeiO^ ild«ti9i«Mred» . nay^ ardently attached to 
tJie KiH gDveHnmeot^ must have been aversei)ito h^ve 
tmnifsnfadued.by a conventim bf the delates from 
Ibwe: sodelies, ^o meant to have assumed the n* 
pl!wenJlatioir>of the people, and to. have exercised tim 
poWersWhieb.^ they, stated to: be inherent inithoae 
whom they professed to represent. . 
- . GmHlenton, itr ia ikot. difikt^t to conceive^' after 
what faoai happened in fact in France, howit siumbl 
inqppeiir that the: opinion cf these frateroixing 80« 
eicfties abould luiipe the &rce of the will. of. a m9jority 
eC.'tfiealafion^' tfatOQgh they condituted a vast and tn«» 
fiUte ' mqa of ity cindeed, Yiou mil find, in tdie evt<- 
deooe to ;-be,^laidL; before you,, that- it wm periecdy 
hnderstood/hMirnthis fln%ht be by those wboMane 
maufd iiDdlis Jadiotnient; . The great bulk of the 
dMnonlBity, 'engaged in dtfiemnt pursuits, are there* 
foiia iii€iipaUet)f being cotpbined fmopposition to the 
CKeeoUoriv^df m. purpose^ which is to be brought 
about bytgsreat boiiies of meri^ that are combined. I 
seed' not give you a stronger instance of it. than 
this. It is within tl^einiemoi^y of most of ua living, 
thi^ a few 4i>6wand. men h> St George's F^Ida, 
cocnbiDod inotie purpose, reduced thismetropefo to 
ma absc^teistate ofadarchy, a state in which n^^goi* 
jwrmnent exiated. If any man had been. tasked^ k 
|Mtau|^ bttfture. the event to; wbidi I am now alhid^ 



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lOS THE ATTomKsromrsHAL^s wnntM^ov 

nig, Is it possible for four or #re thoMahd imii to^ 
• assemble in St. George's Fields, snd to rob and 
.plunder every body they choose ki London and ten 
.miles round it ? That would have been thought ut* 
terly impossible*^but yet it ha)>pened«-*Khy ? be* 
cause aoombinatiot) of the few wiH aubdue the mmxf, 
who are not combiiiedy and with great faculty ; and 
oombined bodies of men have had, te you wiH £iid, 
an existence in thisxduntry, to an extent which few 
men had any idea of^ 

*i^ YoU'Wilt find them organi«d,-«f)rt!pared fiHr emer* 
|;enoies and e^^igencies^^^-relying^ upon their own 
strengtb,~^et6rnifned to act upon their combined 
Strength, in a system, of acting t<^|^hei*,»-^in sono 
instances acting with a secrecy calcol^ted todnde 
observation-^h) other tnstandes, ptooeeding, . by ^ 
tectly contrary mea^, to the same end^^-^-rcpresenfc- 
sag iheir numbers a^ grieater thstnvthey.wele, and 
therefore increasing their number by 'the very operas 
tton of'the influence of the appeamnce of strength 
^pon* the minds of others, without a possibility that 
that : misrepresentation should be: set eight. . Yon 
will ^d them infiiiiiing the ignorant, under pretence 
of' enlightening them ;— ^debauchii^ their princi^ei 
;^ard9 their country, under pretence of infusiiig 
^litioal knowledge into: them ;«^*-«addre86ing themx 
selves principally to those whose r^fatsv whose 'm^ 
4ereslB tt-e, in< the eye of the law and ocnftttitmkm of 
£nglak)d, as valuable as. those of ^ny men, but 
wfaoas Hsducation does not. enable them.imm^^sitf^y 



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Google 



i 



lo dtsdhguUt^jetween poi^eal tftith abd the mitTO^ 
preKDtBtioiK held <mt to thein^ — vvorktng apaa the 
|ws8ionsiof..ineQ'y whom ProyMence hath placed in 
the lower, but useful ahd highly respectable aitua^ 
iiona of Iffe^. to irritate th^m 4igainst all wham its 
i>ounty hath blessed 1^ assigniog to them situations 
of rank and potopert j^'^-^epresenttog them as their 
bppres9orS| as tlieir enemies, as their plunderers^ as 
dhose^ whom tthey should not suffer to exist ;— and, 
fin order at tht saqde time to shut out the possibili^ 
^jcorreoting.or^itial error, or fectifyii^ the opiDions 
of. those whom Xhty tod sO; iigt^iiiedi.aiisinfornied^ 
debandied, -and milled, «Pt Msdsoit^ing 4hfm 4nta 
Ibese affiliate sgeietie^ tiU .they.\ad.saba^ribed tests ^ 
fffs^he {»rineiple^;9f which ith^;i¥^e not to examinf 
ifiter tht^^acbbecMOadmit^i.but the principles' of 
m^eb tbeyr;iifei:er<to aurryantQ eKecutioo, wlaenaar 
fcfn^Ued io acofty^^otion-^tafc^n^intpexeoutipii thoae 
piMciples^ as aet^g for the p?«ple, by « great mfjg* 
R^^ t>f :wb6fn. tbfif were hf 14 i^ ^tter detef tatioa« 
.; .Xj^eiHlemeti, tQ^Si^y that an act ^one was lOj^aQt to 
b^<ionda9:Aa»eans taken la the. execution, of such 
ifopMyecft as :fif^& iiS^ till the. person, who takes itj^ 
jl^illkarMle pME^fm^^practicablci I;ftdmit is not reason-* 
>^|l^.,hut imdo^tedly be nuiy thipk it practicable 
kiqg;befofeit isc^Uy 40^ Itiqw, ypu will be i^bun-^ 
dantly aaiUs^, that^tbei^ fotispirftoiif tho^{^ that 
lb#^timewias n^w cpmeN-that the time fpra\eonven^ 
tbo^. whi^^^ad tieen^tbe pbjept^pf anxious expecta- 
tipp^» 4P«t1rti9g iQ^a ^ear pr tyro whether it. would 



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^h TRS^tt^Miwr mirtftALV?Bmai m 



^eirer 6e ghitilS^, that that time was noiir. oonw/aiMl' 
the fMafture^ taken w^e tabed opom that'sopportticm 
^hftt the eppdrtonityhad armed, ndikb^ if not 
laiitf hokl of now, wou)c)>be lost fbr ever.: . 

QeiVtlcmeh, thejiieofAe^f thii ebwitiy ha?B in gc^ 
tieral a rooted attachment to ilt Goremnwut; Tkit 
ptiWic opinion of Goverfimenti* iq^tl^is ooimtiy, as 
iirell as in every other^ its prinoipal tnpport: ^nd 
^rerefore it became nedessarj ' to 4i<fisse, whem ^o 
innch tonld be safbly ailiggested, wbei'd :the mind 
tvas prepared for it/ afn* Optnion^tbatthi^foiw lof'th^ 
firit?£fh government Wa^ tAd\c^ .yiidfotfa^that it xwiu 
founds oii prind{)tes^ «( -dppifdtoiMM^ttiat ' it mm 
founded on the-destmction bf natursA, '9mpreaeri|»» 
liHey and tmblienablei' rights.-t-JWithi otbers> yoo 
Will find/ they thd^jg^t ft ne^^ry ^' tb <iifi!^ a little 
fitore'eaufcibn^^not to 'iiIilM> thinr^ ^t/to hinmior 
their attachment to Ihefdrm Of the 4$oluititiition^ b^ 
t^ing advantage of" itreU-meaning %f!R>iliQee3 uainf 
pretence of instrtictrh^itV to enUtft ihelfl^akoalike in 
thepi^ct of dest^(^*ing fbat ^onktitulton t6i»hich 
thej^ \^dre attached. To them, Iherefofe, the hni 
oFth^ governitient was; i^' spokei^ iiJFifti teransiwhMi 
they ^Ight' (inder^t&iid t6 be ti c6rt demnation eP '' ikt, 
though tHej^Vere* Really feueh, but bf 'mtiiitig'use^ df 
general b^p^e^sioUis/ atfe^ aa'dbtaining ^^ a foil 4iiid 
•• ifeh' representation of-'thfe pieojlile in RirliMleot^^^ 
^* a Hfdll •tipresentatibn of the people;** «ometimM 
without' mfeWioh bf^Partlament-i-^never*with^aoliial 
tnentionof theKTng' abdl/iwl^ iis^e6iitxi*tilig^togei 



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iher with Pin-Kament'^-rby pfiMlg: terois^ which, cer* 
tMQly may metti.winit it oiay^li^' contended kivtU^ 
drfence th^ did mesn^-rbut terim the same Injthac 
expression^ certainly - the adnoe iir their innport, as 
thdse, which were used in ev^ry act which p^isafd in 
thia country diinng the tinie of the Comm^nwealthi 
when we neither bdd Kiogr nor Londs — thi^ m^y stg? 
Rtfy a goiremmeot «^iiig without Lords ot ICingb 
by declaring the obtaining such a representation of 
thb people as necessary to the natural^ 4}nalienal}Ie» 
toiprescriptible. rights of man^ als stated by Mr» 
Bsine: bf these nkeans. and artifices they attempted 
to engBLg^ in >thet£ service the phy^l strength of 
men, who miglit not and did not discover ^h^ real 
nature of the plan, which that strength w^s to. bf 
employed in executin^^who had not informMiptl 
endo^ to discover what the representation was 
meant finadly to do or to execute* . But you wiU find 
Ae penons mentioned in this Indictment had no 
donbt about it.f*^I maii: these drcumstances tayo% 
faecluise^ in tiie evidence that is to be laid before yoi| 
(and I am* now stating the general character of the 
evid<$iice^and not the principles upon which the oharg<t 
is ttiade)«~ia.the evidence to be laid before you ai 
liii' plan for tiheexecutioo of these purposes^ some 
Vbry'rbntarkalde' particulars occur; and wl'^en yon- 
come tiD> dcicide upon this case, I humbly beg your 
Mtentionito those particulars; — some very remark^ 
'«lde particukra will occur<^ . 
'- You will find that the leading dubs^ by which I 



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120 TRS ATTOKNSr d^NfiRAL^S 4MECH On 

mean the Constiti^iodal Society, jodging of its con^. 
duct for the purpose of this cause, though in sQiar 
cAher cases we must go farther hudk; bot, for the 
pnrpiose of this cause, judging of its conduct from 
about the beginning of the year 1792,. and the 
Iiondon Corresponding Society, which was formed^ 
whether created, I will not say, bat which wasrmor 
delled by some leadiitg members of the Conatitu?^ 
(iodal Society, and received its corporate existence, 
if I may use the term, as it will be proved^ under 
their own hand-writing — most distinc^y fiom the 
hand*writing of some, wboyetbekx^, md.aomei 
who have ceased to belong to the Gohstituttonal 
Society ; these leading sodeties, you will find, i^:^ 
listing into their affiliation many societies in tbs 
country, composed of men who ex{»ressed tbcar 
doubts as to the views of these . societies in London^ 
*— who expressed their fears as well as their doubts 
about tlK)8e views— who required information as to 
the purposes of those societies in London-«%ome of 
these societies in the country profissshig <Mie set of 
principles, some another ;— but all assistance is iiikmn 
that is oflfered : accordingly you will aee that tbe 
London societies enlist perscms who profess, ^^ that 
^^ they ought to submit to no power but what they 
*^ have themselves immediately constituted:" — to 
these they give answers, couched in dark, cautious> 
prudent, . but satisfactory and intelK»ble twms : 
those, who profess still to have attaehmente to the 
monarchy of the country, and who express ai^re* 



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THB TIIAL OF THOMAS HARDY. VlJ 

liensions about its safety from the principle of thd 

London societies, and the conflicting principles of 

various country sodeties, they sooth into fraterntza^ 

tion, by telling them that all would be set right *' by a 

^< full and foir representation of the people in Barlia^* 

^^ ment ;*' — a name which was given to the Commons 

under Cromwell, as well as ^ the legitimate Parlia« 

ments of this country at different periods,~-without 

telling them either what these words meant, or how 

that Parliament was to operate to reconcile these dif^ 

ferenoes, which you will find amounted only to the 

differences between an attachment to an absolute re« 

public, and an attachment to a limited monarchy. 

They enlist alike those, who expreseed a wish to 
know whether they proposed to reform the House of 
Commons y and those who wished to know whether 
they intend to rip vp monarchy by the roots ; their 
answers were calculated to satisfy each of them, to 
satisfy whatever might be the disposition of those; 
who address the questions to them, requiring in- 
formation upon subjects so totally different. 

Gentlemen, this is not all : you will find again; 
that, for these purposes, publications upon the goi^ 
^vernment of the country, which are alluded to in 
this Indictment, and which will be given to you iq 
evidence, that publications upon the government cif 
the country were adopted by those societies as their 
own, and circulated, if I may so express myself, iA 
a mass, round the country, circulated in a manner^ 
that totally destroys the liberty of the press iii thik 
country* — The liberty of the press in this country 

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128 THB ATTOBNBT GBjfR|IAl/$ aBEaCfT OK 

nerer ought to be under in undue cotrcdton of the 
law, but it must always be,, for the. sake of the 
p^ople^ subject to the cbrrectton^ of the law : you 
will find that these pablications tu-e either brought 
'into the WQfld with sqdi a secrecy as baffles allpro-^ 
secutioD, — ^published without names of authors or of 
printers^ — published hjc contrivance, I am sorry to 
fay by contrivance pubKsbed in the dead of night 
{though they are the works of men who have talents 
to state them to open day, if fit to be stated to open 
dAj), and published in quantities, which midc^e the 
^plication of the wh<d^somfe provisions' of the law 
utterly inconspetent to the porfiose of allowing the 
conrectiop of the law to be as frequent as the com- 
inisston of the ofiences iagainst it. 

Gentlemen, with respect to many of these publi- 
cations I may take notice of what has happened in 
the history of this country, and though no man 
;iv]shes less to talk of himself than I do, yet I am 
speaking in the presence of many, who have heard 
me both in Court and in Parliament respecting those 
publications to which I allude (and which will be 
ofiered to you in evidence), express the difHculfy 
that my mind labourekl under to concede that such a 
publication as the Address to the Addressers, was 
not, according to law, an overt act of high treason. 
—It did appear to me that the publication of the 
Jbook called the Address to the Addressers was an 
jDvert act of high treason^ for the purpose of deposing 
4be King ; ait least I thought it required an ingenuity 



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: 



ftA4 sijibtM}^, ^muoh bey<ierd that whiek bejoi^ged t9 
jmy o^ind> tp §t^te satisfactory re^SQdS ifvhy k vr»s rnH 
HP J but thfr§ wer« ti?*9i>B)$ Sftti^^ictpry tp those who 
«» jwiig.^ bftt€r th«o I c^t)^ f nd thwisfbl^ tbiat bool^ 
^a« U^aied ^nly |is a liW j^-'biit when I iK)(iie to ee^ 
j^y a^ ^onne^ted with tho.^sB of pu![j^k}aik)n9 aU 
1^4(^1 to ia thU Ii^iotoi^ntj-r-^^s opaaoctfid ^ith 
measure^ th#t; I hpv^ t9 ^(^ t0 yew in ib^ course of 
Qp^mf\g this c&uset-'-^lKl as ponoiQct^d with th€ pro« 
jtlQt wkiph this In^iet^ant iii^pute^.tO depose th^ 
^ipgj I $ay it i$ eijlh^r most distitict eVidmce of an 
W€iri Aot tif high trMiKm^ Or it ift aa oy^t aet pf high 
trwscm Jt^lf* 

Qe^tlffO^n*. yw^ ^iU alw not fail to 0bMr¥9 (an4 
I at«it9:it 4a $ gemtml fefbti^re and character pf th* 
PYi49n«6 that F b>V€ ti> lay bffw6 you) — the itiatig^ 
M9t *»*, and, if I inay »p exprq^ irtyatlf^ tbe itH 
dvftrioua mii)ignity> with which <Us09ntent haa b^^ 
spread by th^at two aooietiea in London, attd thd 
nmiif : f>f aprwding it hdve been rtudiOusly ahd 
Wi^iQitsly tfli^ht (rom Wciety toapciety :— the meaflf 
pf apt^ading addition, fresh a§ from London, in eva^f 
tpWDi fdl with feferenpe (for they ai^ not material^ 
if yoa dp not find tb^ had such a reference) to tho 
6n$l aCQcHnp]iahinent of the same purpose : yoo will 
0^ fail to observe, how the passiona and interests of 
individu^la have been aaaailed, and the method of 
aafai^Msg them taught^, atecordirtg to their fiftatioi>j in 
Kfil'^9ot merely iirpon government,— but, for the 
fk^rpose q( ft»bwrt)9g 80vemm«iii upDife lithfis-**^ 

VOL. III. K 



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130 THE ATTOENftT OBNBRAL's SPEBCtt OK 

com-bitls — taxes— game-laws— impress service— any 
thing that could be represented as a grievance^ as well 
as the government itself, and to this intent-^that, in 
aid and assistance of each other, societies, as they 
expressed it, ^^ might overspread the whole face of 
^' the island/* and ** that the island might become 
^' ffeef*-^you will mark their expressions — " by the 
•< same meats, by which France became so.** 
' Gentlemen, in stating to you the character of the 
tevidence, it is necessary for me to make one obser* 
^ vation^ sxiA it* is the last I shall trouble you with : it 
is ^ with respect to the principles upon which con* 
struction is to be given to the written evidence that 
Will be aftdiiced in this cause. Now, Idesire to «tate 
this to your minds, as a principle perfectly reason* 
able in tbp^^dministratibn of'jostlce'towardis n^en, 
who are caMe^ upon to answer for ofiences, that the 
langus^e, which they use, ought to be considered 
ftocoMing' to its obvions sense. If the langiiage ad* 
inits, and naturally admits, bf a double intei^reta- 
tion, it must then be considered according to the 
Qatureof the principle, which that kmgudge 4s caU 
culated to carry into execution ; each paper itiust be 
considered with reference to the context 6f tfie sanne 
paper, and with reference td the contents of alt other 
papers, that form the evidence of the same ^stem, 
lebich the paper produced is meant to prove. 
V. Now, if you should find that, in detailmg the 
objects of this Society, in detailing what they meant 
to do, and in. detailing ho^ th^y meant to execute 



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'*' ' iTHfe TBtAL DP tHOMAS feAKl)*. I3l 

What they purposed, they should in fact have stated, 
that they meant neither that which 'w^i Iegal,-^-n6r 
that which was const itutional,-^hor that which was 
other than treason, it will be in vain that theyhave 

'thought fit (for the greater prudence, the greater 
care; and the greater caution, which you will have 
ttiost abundant evidence to prove they exerdsed oc- 
casionally, but add to the guilt by increasing the dan- 
ger) to assert at other times, when they have used 
general language, 'that what they meant to effect 
tvds legal, and that Ihey meant (6 effect it in a legal 
and constitutional manner. It 'IviU' betome those, 
who have thse defence upon their Hands, to state to 
you how, in a legal' and constitutional manner, those 
things coalci be dbne*, Whiqh werii Intended to be 

• d6ne, and which this Indlctni^ni? sUtes were intend- 
ed to be done, if 1 prove to )rour *satisfect?6h that 
they were intended to 1)e done by the means anci iii- 
struments, which the Iridietment refers to*; ' ' " 

Gentlemen of the Jury, their 'principle, a/' you 
will find, was, that equal ^ctivedtiiefaship is tfte 
right of all men, and- that upon this principle' thar 
representation of the people was to be asked for. 
Now, it requires no reasoning to state, that 'a repre- 
sentation of the people founded upon the principle 
of eiqual active citizenship of all men; must form a 
Parliamei^t into which no King, nor Lords, could 
enter. There is an'-dnd of equal active citizenship 

' the moment that either of them exists, according to 
my coastruction 6f eqtial active citizenship; and ac« 

X 2 

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J^2 THJ5 ^^Tpa^Et P^NJflfAt'^ SpW« OK 

icopc^ing to /^ir ponstructfQ^ ^ fV ; fpr Xh^y sjftt^ ^t 
the effect q( }ji ^s a feprf^etftative governni^i. . Bi^t 
it is npt ep.qi^gh for ip^ to t^l yofi thc^t, in reastpff- 
iijg, thi^ is tbs p9j^s9<ju|ence f-^it is ^ cfrpumstacMpe 
t^ be fi^en jnto your coosider^tipp ; but I ?py I 
sh^ll patisf^ y^, 'H ^m bound tq gq further, Jp^t 
the a^plipati<3tiTj pJF );he prinpjpjc pf ejjuftl active .cijif ej?- 
shJDy ficcpriinr t9 tlkem% w$l$ to be the foundatiqn of 

. a represjtniad^e, g9Vfirnm^t9 r^f^ptipg the King ^l^d 
Lords put of the system. The principles were tlje 

:^npciple« iipoi^ which the copstitution pf Franpe^ ;n 
the year )7S|f> fff^ formed: the principles of that 
^il^titut^on yff^ the principles of equal active, d^j- 
liepshi^ : they ^tempte4 indeed to preserve a j^irjg 
ip jtiye po^jti^ptp), 1^4 tp foxm what I piay calj a 
jfoy^l ^^inpprajsjr: but | sWI prove to demonstr^ticwj, 
tfffit ^ |93|4!^r^ of rt»ei»^ pliib^ ip London kif^yi th^t 
f^t Qonftitution pppl^ not enist, that their principles 
led them t9 ft 4^*»ffp^ ^K^nowledjpe ^hat that 9on^ti^- 

Jlpn fx>t)14 l)ff|t^xi^ ; it M»s in the inonth pf ^pgust 
>7Sfl ppf!ti5|y pyerturnedj i^pd y^u will %d frqp 
f^f^ t|^n8;^:t|Qnf; vf t^is Sopfpty in the rapnth^ cjf Q9- 
fp^ |«)il N9yfiiftb^ I7p3, uo% I mi^^kp^ ij^e 
efljfept <if ^hq ?Yi^*P<^? the clg^fest dewqpstrft^jqn 
t^t tb?^ spcjueties mesfot jo apjdyipg t|jiQf?9 Rrincjijlf^, 
lyfejp^ they therapeiyq st^te hacj 4e?tr9yeid thg gxi^t- 
f nc^ of a ^ing ir^ Francjp^—b^qse tjjfy n^H^t ifep)^ 
tj^^ e^i^tenoe qf ^ ICing in wy poftn^y. ; Yap ^iH . 
fii^4 that, from Qptober i^pa ^V!p?f!t/.*]lP9^ W^^?^ 



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• ■' -fvi fiijbrt* i¥6ato »i&ft: . izi 
mi v?^ Ih^naentat k^^ of iHelf oWii pHilcit>H a* 

ySk; is ^li £ IjckAMiSs intdligrbly id i iknVliie 
iftl^ <iF '^^aya^,' ^d th^ ckge i(Ki6h I Aft^^ td lay 

TH£ p^tSculaf aSt, the nablf^ of whksh Wilt U' tQ 
6^'k^laifiea b]^ aff tH^ r^^t of the >Vklehce, i^btcti' 

tW tBi!^ ^r^ry ib'the lA)ndon'6}rrjeis{kMng ^ 
ap7/ )«^ m l^<jty «>r GbtfstitbiidiaY Ih^hiiaiEidn'.; 
'flig\H5W8''^iear^tte!set 

'*^efyCSmm(tM {mwittgresbMbtig to f^^ 
" &JCtk5^ fljr <3bti^tWatldi(i^ Ittftrinatiiii, ah<^ to i«-^ 
<^ qMt ^^^i^nfiiiienlts'df ifbat dbct% re^piedting i^e 

*Hmf a^i t6! fe^uirel fhi lottditt 6)h»r 
" gpttSliflg'SbeJet^' cbnceiv^ tfcat tfte' {adthfOii is it- 
•»'HWd"^Uifti&/K- th^MdrBs^; for, iii« fert of wliat| 
lim^W s6^, yoti Win fi^irinily: ftear' of tHe tim^ ' 
t^WKab-ftiat a!!uaes^J^*'>^lieo a foil Ad explicit dfe^" 
*♦ i^»!te W WeBfe^ {mi d§ tfie-frfinVls of fn*!' 
""Mi] vWtetJfti'tW Kft i?ri5g^' atttf irtlAiai'tfrof' prbr" 
'<ifeM(%i/ Uhd' s«iHti>Jices' Mtl d^tet^^niVie us to' 
".abandon our c&xxH', of shall' 6%cii^ ui to pursti^ a 
"Hdtm f&iM\mraH'iiMar p/6pbVtibtiaie to the 
''"ixa^YftiaiyofffieoBjeiit^ and with k zfed asdrstih- 

K 3 

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ff 



134 TH£ AXTQftNiBY GWBIl^L^S SPESCA OV 

^^.guished on our p^rt as tljtc treachery of* others in.. 
*' the same glorious cause is notorious. The Sgdetj 

(qx Constit^utiopal Iqformatipn is therfefore requiriwi 
^' to determine whether or no they: will b^. ready, 
^^ wh^n caj/od.upopj.to agtin conjunctipn with this 
^^ and other societies, to obtain a fair representatioa 
«'^of the ^p^pJe/V^ Gentlemen, give me your atten- 
tion presc:nttly^ 19 w^at they, copceive to be a iair; 
representation?, oJ[. the p<50{Je,.,whe^ I cpme to state; 
thp jeso|i4ipnp V^hich^thejj, transmit! " Whether 
^\ they coqpgr .,y^i]tb-US;in seeii;^ the, necessity :ofa> 
^'* speedy (^pnventiop, for the pijrppse of qbtajniqgj^'*: 
(then th^y v»se ^)ie words) ^\ ip § copstitutaonal and 
** legal method"— of the effect of whiph yp^u wil} 
judge pr^sp^tly^ for th^^netl^pd will i?ot he tf?e inore 
(Dpn^titptionjil and Jegal for their. caUing it sq, .if .the- 
tnj^thqd is. in fact-pn^pfi^titutjonal and ille^^il-^? a- 
^' redress qf. thQse grieyaiicj^s ynder which .weat 
*^^ present, l^bpur, gnd which, cjin pply be eflTectnafly* 
" rempved'by. p ful|and.fftir representation of tbe^ 
^* people pf Qreat Britain. Jhe London Cwre-^* 
^Jspondin^ Society cannot bu^ remind their friendS' 
*' th^t the preset crisis dpmw^s ajl the prqdence,; 
^' Vin^nimity, ,?nd uigour, that ever may or, can he t 
^^ exerted by men or Tritons ; nor do th^y idoabt but< 
^' that manly firmness and consistency, will f^naHy^ 
^^ ?nd they believe shortly, terminate in the full ac^ 
** complishment of all their wi?hes." 

They then resolve, and, these resolutions areren->> 
closed : *^ J St, That dear as justice wd liberty ,^it; \Q* 

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\^4Uli(<»h • yet the^^Ukc^. of them ^ compfiMti^ji^ 
^^ smali wi^l[i6ut ade^qdenc^ on Ut^jr pertaali^iqy^ 
"^nd iJieYc ^aii be na'seouril^ for the cqqUausqmi 
^ of'^nyirigbis ImtiQ equal laws. - - . i 

" ad^'That equal I%W$ can nevjcr be :e^^6ied but^ 
'^ by a full and fair representation of tbe people ; to( 
** dbtdin which^ in th^ wdy pointed out by the con- 
*5;fi|itutton"— you wiftsee what that y&m the thirds 
rj^^atvon-—" lias bem and is the spier objeqt of thi£r> 
^SSqdety : ffto this we are ready to hpzard everyn 
*^ tWtig, and. never but ¥^itb our lives will, we rdiin^r 
*^<Jui^h an object which involves the thu^piness^ <}to/ 
"evert the political e*iste®ce of oursdveft and posted I 
"rifcyk;.:. .- '} :^'V *. . ■ •' •/ :-^- . •• ;=^ 
.. *^ 3d> That it. Is- the d^ided opinion of this Soiri 
" cflety, ;tha(;, to securis ourselves from the future? 
'^.itte^l and. scaiKlaloui proseeutions3 to prdyept ao 
'^irj^^^M of wicked and unjust sentencrfsy and; Wt 
*^.retolfc tHwe- wtate and whbteoni? totvs {wl^h.havdt 
'ljheeii.jwr4a(ed frote us; and of wbi^h acareely ^afi 
'^ ye^tige jjenJtiiis'V— Q€®ttemen> yo^i wiU^ pejwit .awSi 
to calKy<:^Qifiattent^ to wliat Ifa^ <)b>ec^,w^e whiolfl 
were to be accomplished — " there ought to be im^:i 
•^^trt^iiteV-rr'What:?-^^ a Ga^V^ii<mc^ 'thpiople 
*^:bjf!t d^egaim deputed Jbr that pwpQ^ Jrfm^> idk)\ 
*' d\ff^rentjoii^fi^si^tiefri^ids Qffre^dtimn\ Aod^ 
whatar^ Ifefe purposes, which this con/vention/ whjqbh 
tlieyt;t,iiem$!e]ives represent as a convention of tbefi 
peopl$,,)atef tQ execute ? .: Why they, the delegates, ^ 
formingta pijttventioiiofM^ J>eoj>fe, are tO jecall tboselr 

^ 4 

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11^, ii«<hoIeft6tiif« hw$i tMiidii tfhty say hm» b«M 

prow dl6«hietfy that tJMfl^ i^thmnmiting df iftlei pm- 
89ge, and the meanings 6t t^ jpaMge #i}i be to b6 
cbUeotdd ftimi the wbdlif of Ihn df^iteticft^uttdoofetcid* 
1^^ ttot ft0m lhi» partf^«ilfir patt of kv 

The Coii6t4t4stkimli %^tety$ there' fccAdg pMMit 
al^ Ihat liAie aibi df ilie> pei^cmfl^ iMnDoned ii¥ ibid la^ 
diotm^nf 5 iMVhoui any deMpefation* ni^iaterteF, upon 
a pyepofiitiod so fnarleiria] as thtar i^^^^rvd thera^tf it 
m^^h&hfi^t6 f^u, t^n the airhole 6f tbe'evidMMe^ 
i^bether ki te'fairfy to h& inkrreAo* ne^, ttiatthfs, 
lik»a. f neM imM3r irt^et> papimif «^ <h^ t^dndbrt €orFe- 
aponding Society, really came froin the ConstituCtddal 
^aekaJH-^y itnmdigUlf ot^ei that libei(iaiicitT 
tmy shaik acquaiht the^ ij^ndm^ Co^sfWAdirig Ito- 
caety; that (bey hadi i^eeeipqed IhaiK <si»iiMV«nieailSbn, 
ttMtiibey hcetytily cdticw #itli flbom ih> cbe^dbjiM^ 
tb«y hnfo m viaW-, aiid^ tfcM fo)< chair v^ttjMjittidfbf 
tke po»pwe o^iai mam apaed^tadd^^eettia^w-iipeva- 

Bliday/tfMmiff, «de}^gatkW' ^ fimM^f<lbi^fir rtietli^ 

' W^Dhmrt: Vioir goinf lAt^ the (Awiiedai^ 6$i whatf 
f(iK(ivwi'|]i»iD^ tb^s, gke^ me^ l)^v^ ti^ afiM^^^ t^ 
s^Hi^ memb^r» of rtie ^Qcietyv indtided^m^ tM\i\J[Vi. 
di45imMt/ w^re i^aiYiedi to dampa«e t|la<^ d^lbgafiM;* 
tbfat there waa named a t^ the sanie; tinnier CmMnittW 
of €0rfe6ppndi^p<3e of ax inewrl!*i»^<tf thifi^aocArty; 
\\Mir BjCtteprntAs tii^< Lc^doin^ C]^i>f«8pdndii¥g S0oiee)^ 



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tbbubkaL or. «n»uu. Kmnr. . ttfi 

Mtatd imother cdrntohtetf ; thA -tiae tnro ooaumttem 
vflatj tbat theiivof oottnahtees itteeting^ came to » 
dBleranJ'itaetidH' tUtft idas prbjbet of cadHog a CQiniai4> 
tt<ifa«(rtli0pio()ft« should bn caiiricid into ^fbet; atit: 
tkMi, thM » joint oMMficlee of ciouo|Mmiti<m«fbdth 
toaleiisi vms lortatfd faf r^Mtotknia of bodk. 

NjM<it)g iuM «toit hifit)i9Mf4 upon tlte ufA of 
ftfwt^ ii79ly«rNl eonoettmg it, «» I shaft do p9e^ 
8tiMiy> wMfiitttfe ver^ «k^ciltr^AR)isy «rWohr )aonti; wilT 
Ait^ til8»i'ytppmtA in thfrt;< y«w, you> will- grw tae 
leave, in order to sho^t* ti4littk^^ true imabnidSmie 
<rf tMn aik^dsi^>a$ HieR d» tCKVt&te ttie grooadv iqifaii 
wMttH tto HidtetiiMliaci «trcfi v^tto^utawaet, dinfORt 
awJiupiriwy ttf^ftpeaw tlwc King ' yo u wHl giiiie.«Mi 
littN'ttf «u»e tiM trtmsiotkikia of thead iociQiihes fttim> 

^wHtdwrbifllitt-e'i^it iSum ^la»Jx>ai»» Cdtmi^tnali- 
ii^tlOfeiiity'^lladiietfi^rott AI9, «lttllls< t6 ifM to he 
dMbiod^ aHdott«»eARr8 F«riU thidoe' if»»a8«ltiiiti of 
dtiit^dH«> v««P'«r^«ilHe^( llttt^^AppdCiiii fe i» t(»taiird' 
MiMid^^ it'^Hllitf MMtll ««MMiriyr'«teaf «hfll'iili8.So^ 
ciety existed at that time mihoa^ 4f &Jtia6ifaiioii»i' M' 
t6e^ «M i^ mi Wd^ iiiddbied'fiy < gWMibllliM «f!%e 
nUnPeydf^'FiSbfatt'f^ theii^MAJitiCibii tMdt^whicfe Ami 
3M«ill!«^vi«i9dMdMd(i, dnd^iMfriiidttblllisd, I'thfaik, tO' 
ai|eiftiiiimtt><^ the ntimd'dfiyUu^d^ for his^dufict^ 
a«Y$ei'ii(--«he oompo^tidAi oP fb«<«MJe ef ite'isMK 

lAdEJ firsl^^ <«>rre8poildedee that I ih}d^bfetw««)l t^io 
OM^iti^oaal :$dt»ety, MfC^fhe'BiopdQn (Do^e$|NMf(^ 



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tSA THs ATfOBxax. mmwmAjJs mmau i oir 



11^ Sodetyj wUeb I iurve to state.to you, is in tbe: 
ooramonication of the principks.of theCofyespond^ 
ing Society, aent.wkh.a ktter aignod by the Prboner 
at tbQ bar, which totter m* itiiht kUowtng words: 
^^I am ordered by the Coamiiltee to s^nd to. the: 
*^ Society, for CoiisUiatiiDSuil InfoimAttOD in London: 
^f axopf of Qur mokbie^^jfipr ]a^K)Ciat)ng» .and the re- 
</ aolutfiotts we have coineito : :wf t»uii to persfey^^' 
^^ in the^caoae we have titnbaifked io, tlkats^^.tobavi^ 
'^ (tf possible); an equal; r^eseot^tim oCihe peojple; 
*F' of this nation in FsfliariieDt^'* 
r, I ;obaerve h^e for a nv>0ietit that ypif ^M-, not • br 
snrprised, when J getitOvtbe^op^if^prtji^ this iMti^r 
vam, that this .oauti^w.. language ;fra9ns^ 
outset ? it wiU be/or ypu.ito judge? wtelh^ a studied, 
caution is fairly imputablejo the; lantfla|^.. It pre^^ 
ceedsthus :; *'• Weiahould; be e»ofiedtogly.b4ppy;to 
^v enters into) «correlportdewe with tbait Safety,. i£. 
^^. St ^i$ sKNt 4oo mw^ .pros«in{>^Q, it its] to e4>eet' 
^ 6ueh :aa^b<»iour;^j.bult jlsT our.oaiMeiis ow/ Wd 
<^ ho|>Q tltiitthey wttU^d^0n ^t^^aom^; notice of: 
« us, who are n6w/Matemg npm %4««Wer;of snoh^ 
« yj|$timportanc^*?;c.:;..- ' . : \i j.. : : •) . • 

This IS ^atsrw^^ly condeaoending lnoguagis oa thet 
part oif.Mr.jHardyictO.th^.Coxi^tltirtipnal Soci^y : it 
aocompanies the reflations of that Soqiety, whidi 
resolutiQn$ purported tA be sigped '< Thomas Hardy,; 
'^ Secretary.'! It happe<ied,>by.an acqtdent not very. 
easy to be accQuoted f(^ .at present, and* fy>tMth* 
""stioding which, I shall prove distinot^^to yon that) 



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t^^ r9§pIutionfiar6rthe^act.of:Mr. Hardy : that this 
signajU3r«^-5^'5'haiiW6,Hardjy, Sea^ ^^gpt^ 

tur^, as J ;^x>.4n^f^ct|ed| in the band-writMig of Mr. 
Hqme/roq^ei;t]i;at Uf Mr. fjardy in the London 
Gpfji^poftdiBift Si^ty^ seqds the; nesolutipns of the 
I^n^o^Qonvf^Pjaing Saci«^^ (apologizing extmn^ . 
l^^pi^^^t^'jKibeFtj^h^ takes in presuming to send them) ; 
tfuJthe Om^^ut^oBal Society^ tt^e signature to those, 
rf^lfitions heading ^h^ name of Thomas^ fl^rdy ia- 
t^e Iwnd-writipg-pf MrvTpoka: whether 4hose re-* « 
solutiofps vfpr^c:G^\^^J^ 9ptt\ediky that g^Dtlemfin. ot> 
no^ I dOri^tfil^iQw; but ypn will $^d that ^there * 
exists a-papfery.wjtuch £ont^ns, ;I think, distinct^ evi^ > 
denccjjpQptt^ ^ceof;it, that.^o^e resolutions faave^ 
be^ir sett)ef),.,i^Uh.a'gp$id d^l o£ deliberatiop,. by ti)e> 
same, ^^ttemao^ whose handrwrlting occurs 4n the^ 
signature whi5l^iJ[ihave lH5enstati»^^ ,. . . ; :> 
, Gentiemen^ before .these ,pej^ ,we?e sent,* 

an4. before I^tate Jthe matter of; them , to you, yott» 
wiJl^Uow me; to mention^t^l .f^^ had been^a cor-* 
respondence between, otherjS9pipties,<^nd the, Society, 
for Constitutional Information, of suc^ arn^lMre, as,, 
ii^ :order , to naake^ th^? $^se lin^ligible, will requpre 
sof^ obs^ya^JQro^jfcoai 49^;^d3.sc(mq ^ttea^ioa from ; 
yp» ; it(is tl^ qfj^r^^ROTdtnCftpf ;9|Ukf societi^, bat, 
whicb,corfespfHPdenqe I $)\^l connect lasuch a n^n- - 
nier with tha ^^i^^9tCQV^?¥i9pding- Society , as in . 
f^ct to make t^e^aq^. pf^the other societies the ac^. 
of that Society, •• r 



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^t^ tire 2M' of Aflkcfe if'^i 'wffHi iTt^ l^* 

ti6f)^ ^6^^^, I mix^ ^mi tkk' tii^ <^l«ie t&'«^' 
8«IRMi^} " tm. th^ tfianki of tffi§i6<k9^ty 1^ p^^' 

satisfaction th8e8b'>»if«»8 i'p'iMimm K^'p?fr^ 
i(5^^ -Wo«' ^ mmer> of' iWt' fejiiet^ ,- W ■ tUy 

-mo^iyf^f»<^,' trist 'fl?i?'jteo¥)fe dP'Eti|Kti*- v«n<^ 

'^-Pai^s^titiWife/^iiidf tT%it' iHmf^i ?ftfpoWSSey 
«*!fo36«Jy'Hfesmfe> -^"^- • •■ • ••":■- ■■- ■ ^ 

ev^jtniwitt Wis' tri!«fiAv»ss^* Tfiarifie iKl%|bfegi m- 

<' WfeguIaWy tr«risttt?ete»"By-^6'Sli<Wt^' t* dlfoW 
<* Cbrl^psAg CoAfltHtibna SfeJitefiyi ttf BH^irf^- 
*' Sco(land, and France " i "J . 



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NpiOTj, ipentlemen, as I sl^a|l proye what the hoo^ 
if(f» to yi\nch t)m r^lutioa alluded, I shall taJne thf- 
ims^ffjr a^ present to state in a few w^^rds to yqn, ^ 
fyfc ^ the^aifiefft the ^xistenge pf ^ King io Muf 
f9^^t^p tho^ subjects^ which, according to thf 
jlf^gij^ge of t^]^ jresplu^on, the Oxistitn^onM So* 
ciety ^nojfl^fjy hPpe ^hat the people of JSijglffni 
virou^ ffifip ^tfupltioa to, as discussed iq Mr. Paige's 
jSr^t \fOCi}i. Iq tliat book, these dqctrines, with ir9- 
spect to Great Britain) $re laid f|p\yp ; *f a CQOfiti|ta» 
*' ti9n is not a thing in qai^^ only, but itf fac(| it 
f* has qo^ an i^, bu^ a real ^istence ;" and you will 
fh^ (bi^ e^Urefnely if^portant, he(^use iif the eesul^ 
-c^ the wholly avidenife that I hfve to )ay before yt^u, 
^ will ^pp^M* tht(( they did tfot qnly distinctly disavow 
^d|ping any fifig^mim ^ Pw li»u*ep|, but ^ ft^r 
l^^eq^e pf ]pj»r]ianien| to do apy thing by way Q^ ffh 
(of;pk, he(9v<^ the Qov>ptry {i94 a^ y«t np cpn^ti^^ipft 
fcRwe4 by t)^ pfOpW- Mr. Pa}«H» proceed^ : « Cm 
f* ^, JBJjf^tp. pr9^H?^ the ^iiglish constitfltion ^ Jf 
« hfi ^nnq^, w? my feir'y P9*»filudf tb?t no 1^^ 
*' (hl% ¥ a i?q9«^tMtiaii e3i,jft8," 

^f(er s|at^Bg fh^t tb# Sfpt«»inial ^iU showed fh#| 
(jb(ffe w^no SMch thwg ^f> a popstit^tion jp Epg^id, 
the book states a further fi^ctj; not frpm^^teri^l, |h<l^ 

t^ (ijll, vfi^ipk Mr. Piv iwigbt »n^> Pfrtwaent 

l^fp^ ypsirs agq ^ ifefor-m gariyjfjent, W9Jl Wpo* th» 
i^ffp^ err9nepu^ prnw^ple, ^K » <^PW» «ih pm«(fik 

ig9f^ to qthi?r q«Me!ct», tf;^ vi5hl* th«.«tt^ntM» of 



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142 THB ATTCm^B^ CnENBRAf S' SPEfiCfH OX 

ihc people of Bngf^id was called!; you "wifl fihd that 
thisbook^ speaking of modes of government ' (and 
'this^ » also extremdymaterial with referance tbthe 
ticmstrnction of what is afterwards to be sblcrftrfyon), 
represents that " the two modes of'govcmment 
^* which prevail in the world are/ first,* governments 
** by election and representation; secondly, govem- 
*• meats by hereditary succession : the former is ge- 
^BeraHy known by the name of republican^ the 
^ btter by that of monarchy and aristocracy. •^ 

He divides Government into government' by elec- 
tion' and representation; — ^ representation founded 
upon election^ and election founded upon universal 
rafHage ;-^and government by hereditkry succession^ 
He- then states that,fr(Jm the revolutions of America 
and France, and the symptoms that have appeared in 
other countries, it is evident the ' opinion of the 
world ♦ is changing with respect to government/ and 
that revolutions are not within the progress of poK- 
ticaf calculation ; and that the British government^ not 
eKistitig upon the principles he recommends, is not a 
government existing upon such principles that a ha* 
iion ought to submit to it ; and that the Pariiament 
of the country is not able to form a government, that 
will exist upon those principles. 

Gentlemen, it is a very remarkable ciraimstance, 
M- it strikes me, that, though various societies had 
existed in other parts of Great Britain, till about the 
tkne of the formation of the London Corresponding 
fikxaiety^ none of these sodedes had asked or invited 



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7HB TBIAL OF HlOHAS BAfiDT.' ' 143 

the afiffiatfbn with the LoYidbh G&nstitoti6ha1 Society, 
which you will iiiid they dl ask atid all invite about 
March 1792, whether by management or not,* I do 
not pretend to determine,Ut will be for you to jadgfe; 
but they all ask and all invite affiliatldn with the Con- 
stitutional and Gorrespoiiding Societies, as soon as 
the latter is formed. 

. Upon the l6th' of March J 792, you will ^ find a 
resolution of the Society for Constitutional Inform- 
ation, which states and returns thanks for a commu- 
nication from Manchester, signed ^ Thomas Walker, 
^^ president,*' and " Samuel Jackson, secretary \* in 
^hich " they return the thanks of the society to Mr. 
*^ Thomas Paine," who appears to have been a mem- 
ber, a visitor of this Constitutional Society, " for 
" the publication of his Second Part of the Rights 
*^ of Man, combining Principle and Practice.'^ I 
shall endeavour to state to you in a few words what is 
the combination of the practice, stated in the Second 
Part of the Rights of Man, with the principle in the 
First Part, " a work,'* they $ay, *^ of the highest; 
" importance to every nation under heaven, but 
** particularly to this, as containing excellent and 
'^ practicable plans for an immediate and considerable 
** reduction of the public expenditure, for the pre- 
'^.vention of wars, for the extension of our manu*' 
*^ factures and commerce, for the education of the 
*^ young, for the comfortable support of the aged^ 
** for the better maintenance of the poor of every 
'^description, and, Anally; for lessening, greatly. 



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" and si^ithoi^t 4d»x> t\\t i^rmmp^ lo^ pf tfu(«9| 
^* under which ^b»s counlbty at prc^eut labQur^, 

*« Tl]^\, tbi9 Society coogimtukite tJbcir Qoimtry^ 
" large qn the influence which Mr. Paipe's publica^ 
^* ^fons appear to have ba4 m procuring the repeal 
" of some oppreasivo taxes in the pf e^nt tjession of 
*^ Parliament ; and they hope tha( thia adoption of a 
** ^ipall port of Mr, Paipe*a ideas will be followed by 
'^ the oiQst streQuo^$ exertions to aocppiplish a opui« 
'^ plete reform in the present inadequate ^tate of the 
^' repr(?3entation of the people^ and that t^e other 
^^ great plans of public bene6t| whiqh Mr. Paine has 
" so powerfully racommendedj will he speedily qar* 
^^ ried into effect.'* 

Now, Gentlemen, as Mr. Paiiie*s plan for the re^- 
medy of the present inadequate fi^te of the repre^ 
s^ntatiou of the people was alluded to, apd this bopk 
was alluded to, which combined *^ princi|il^'* mu4 
^^ pracUce," and as it is stated that the other great 
plans of public benefit^ which he b^d so powmrfvUly 
recommended^ would be speedily carried into effect. 
It win be necessary to show you, frpm tbi§ letter, 
what were those plans for the repnedy of the inade* 
^uate state pf the representation of th^ p^pkj and 
other plans of public benefit, which this Society^^ re^. 
ceiving the thaqks of the CoustiUj^Uoaal Sowty, 
hoped would be carried into effect^ 

Gentlemen, I do liot take up your tiiiqe|[ in $^ti<ig 
the passages to you, but represent to you thf ^iub- 
8ta»v?e of that book ; (hat it ia a bpot dirtiiwMy wd 



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ihirljryaoomfneQdiDgttMi deposition of the King: if 

the panageft in that book do not prove that assertion, 

ther^ is Ho evidence that can prove any assertion : it 

isia book, moreover, which not only puts the King 

6ttt of t£e system of the governmeKit of the cotinti^, 

lut, according to which, if a perfect representatioti 

of the people is to be formed, it is to be formed utk 

by a Barliaifient existing in a country — in which that 

gentlemail states that no constitution exists-->not % 

that Partiament, which he states to be totally ^tid 

absolutely inadequate to the great work of formiing 

the coifistitution upon the rights of man end equal 

active citizenship, which he recommends r it is^ a 

work, which calls upon the people of England to/flb 

themselves justice in another way of proceeding, aiSd 

to form a constitution for themselves before they can 

have any government, which is to exist upon true 

ptkiOfpUs. There is then, I say, in the beginning 

of this thing, a developemcnt of these purposes ; 

^and I say, beyond that, that if I understand the effect 

of evideiice at all, I shall satisfy you that thos^, 

who voted this resolution of thanks, knew that tfce 

principles there referred to, were principles that 

wotild have this operation, and meant that they should 

have this effect. 

The'next thing I have to state, which I shall not 
go through very particularly, is contained in a reso- 
lution of the Constitutional Society (some of the 
inembers of which, I shall prove to you, began to 
leave the Sodety about this time, stating disttncUy 

YOL. 111,. L 

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149 THl jrrTOXNBT 0BlcnAL*8 fPBBeR ON 

that they understood its prindpks tobenowdi^mbt 

from the principles it had formerly acted npom, and 

to be such principles as I have stated) entered into 

upon the 23d of March 1792./ They resolved that 

^another cotninnnication, which is from Shefiiddy 

ishocdd be published in the Morning Chrontde, and 

in several other newspapers^ whieh they mention. • 

With respect to the communication from Sheffidd, 

{and it is a remarkable thing that, from Sheffield^ 

mi from Norwich, they should be writii^» on. the 

Mona day, for the same purpose— that the 30(skties 

l«f Shiftffield and Norwich might be affiliajted wi^ the 

jl^don Constitutional Society^ and the Sh^eU 

,fieople were so anxious about it, if it v^ere their own 

jact^and deed^ that they wrote more than one letter 

in order to ask it), it is to this effect : 

" It is now about four months since this Society 

'^ jfrst formed itself into a regular body ; they were 

^' then but very few in number ; the enclosed will 

/ '' inform you of their increase, and, which is most 

^^ probable, will soon beoomp very numerous ; and 

/^ not only this large and populous town, but the 

<* whole neighbourhood for many miles round about, 

; ^' have an attentive eye upon us: most of the towns 

^' and villages indeed are forming themselves ii^o 

^ ^' similar associations, and strictly adhere tq^ the 

. ^^ mode of copying after us: you will easily con<^ive 

^^ the necessity for the leading members of this body 

, " to pay strict attention to good order and j-egularity,^ 

' ^^ and the need we haVe of consulting and communis 



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7JiS TBIJ^ <Hf THOMAS HABBT. 14? 

^^ ^tiDg with, tho^^' who are sincere friends and able 
^/> advjpcates for thq sane cause; for these reasons w^ 
^\tm^ the liberty to write to Mn Home Tooke, 
*' Av^t worthy friend and patriot for the rights of the 

V |^gple> informing him of our earnest desire of 
^^ entering io4;o connexion with the Society of the 
^^ aaqcie denomination of ours in London ; his very 
^;>pbljging.and aJfTectipnate answer favours uS' Witb 
^' your address i inconsequence^ we have taken th^ 
^* liberty herewith to transmit to you some resolves^ 
^^ which were passed at our last meetings by the whole 
^^bQdy^ and the committee was charged with tht 
^' dispatch of printing and forwarding them toyott 
^^ accordingly^ for the purpose of subtnttting tKeflfi 
^^to the consideration of your Society, and to make 
^' use of them as they think most prudent. Toa 
/' will alsp notice the Belpar address : they applied 

«< to us about twQ months ago for instructions as Uh 
^^ Qurmpde of conducting, &c. had not then formed 
/^ themselves i^tp any regular association. Belpar i$ 

V nei^ly thirty miles from this place^ in DerbyshirCKi 
•* apd ^ight or ten miles from Derby. 

^^ If the Society for Constitutional Information in 
^^ London should vouchsafe so far to notice us, as to 
f' e^to* iptp a conncpiiOn and correspondence with us^ 
" it oannot fail of promoting honour, and adding 
^^ strength to our feeble epdeavours^ and to the 
^^ common cause, which is the entire motive we 
/* have in view.** 

They then, upon the I4th of March 1792, know-* 



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14S THS ATt6&l^£t CfiNE&il^S 8PE£Clt OIT 

ing that there was a connexion betwe^ii thfe Lbtitfon 
Constitutional and London CotreS'pbnding Sodety 
j[and ttiat they should know that fact on the l4ih of 
March, which is sixteen days before thfe 5<Hh^ i^ea 
Mr. ttardy sent to Mr. Todke th^ Ve^olutionfe whicH 
were signed in the name pf Mr. iflafdy by Mr. 
Tpoke/asa conimunication to him that there was 
such a body as the London Correspoildtng Society, 
is a circumstance that afFordd observation)*; tfcey 
then add, " We have taken the liberty of enelostng 
^^ a parcel for Mr- Hardy, in answer to a letter from 
y him to this Society, requesting Some infdttnation 
^^ concerning our.method'of condueiittg the business 
*'. we had embarked in, &c. a!to Informing ns there 
*/ are in London a number of mechanics, shopkee|)ers, 
*' 8cc. forming themselves into a society oh the if bad 
'** basis of tlw rights qfvian. You will be so Obliging 
/* as to let the packet remain witb you utitit he tall 
y for it, as by' this post I have wrote him thereot, 
^^ We have given him, our manner of proeeeifing 
^^ from our setting out to this time, and h6pe it rtiay 
'? be of some use. 'The improvement we are"i^bi>ut 
*^ to adopt is certainly the 1best for managing large 
" bodies, as in great and populous towns, vi^. di- 
^^^ viding them into small bodies or ^meetiVlgS of^en 
'^ persons each, and these ten to appoint a "delegate; 
"ten of these delegates form, another meeting, und 
** so on,* delegating from one to another, till at last 
" they are reduced to a proper number for constitu- 
^^ ting the Committee or Grand Council.'* • ' 



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THR TWAJ. QF THOMAS »A|I»Y* Wfi| 

-Tbfre is another letter, of the wme date, whichj 
t^ a remai^kable circumstance about it. It is acU, 
dre$6ed to the Conatitutional Society. Gentlemi^n,, 
it atotcs tba^ *• this Society," that is, the same Shefr. 
field Society, " feeling, as they do, the grievous 
^^ efiepts of the present state defect? and abuse of ouii 
*^ cwn/yjf" — (the word originally in this letter wa3b 
comtitutkn^ but the word Constitution, not being 
that which was liked, by some very odd accident in ^ 
the letter from Shelfiekl, the word country^ in the 
hand-writing of Mr. Tooke, is substituted for catir^, 
UkuthnJ-^^^ the great wd heavy oppressions, which 
^' the common people labour under, as the naturgj 
'^ consequence of that corruption, and at the tim*^ 
^* b*ing aensiWe to a degree of certainty, that th^ 
^^ public minds and the general sentiments of th^ 
^' people are determined to obtain a radical reform of 
^^ the country," yo\^ will mark these words, '^ as 
*^ $oon as prudence and discretion will permit, be*; 
" lievc? it their duty to make use of every prudent 
" means^ as far as their abilities ct|n be extended, t^ 
^^ obtain $0 salutary and desirable an object, a$ a 
*^ thprougl) reformation of our country," the. word 
OGuntry being again in the hand-writing of Mr.Tooke^ 
'^ established upon that system, which is consistent 
" with the rights of man*'— for these reasons they 
st^ their forming into dubs, as the former letter 
did, an4 they conclude thus-r-" that being thus 
" strengthened, this Society may be better enabled 
. " to govern itself with mw^ propriety, and tq render 

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idO THE ATtORKST G£N£RAL*8 SPEECH OH 

^^ assistance to their fellow-citizens in this neigh- 
^^ bourhood> and in parts more remote, that they iti 
** their turn may extend useful knowledge still fiir- 
** ther from town to village, and from village to 
^ town, until the whole nation be sufficiently en- 
*' lightened and united 4n the same cause, which 
'* cannot fail of being the case, wherever the most 
*^ excellent works of Mr'. Thomas Paine find resl- 
^'dence/' 

Those works are the works which have held an 
hereditary monarchy, however limited, to be incon* 
sistent with the rights of man ; which have held the 
constitution of Parliament in this country tp be in- 
consistent with the rights of man ; and those works, 
upon the principles of that inconsistency, have held 
^ven the Parliament itself incompetent to reform any 
abuses In government. 

' The paper they transmit states as a fact, that the 
number of members at Sheffield were, in March 1792, 
two thousand. That the Constitutional Society in 
London and the Constitutional Society at Sheffield, 
thus numerous, should have had no connexion by 
affiliation till the 14th of March 179a, though, on 
that 14th of March 1792, it appears that the Shef- 
field Society had had correspondence, an^ had be* 
come connected with the London Corresponding So» 
cietv, prior to the London Corresponding Society 
sending the paper I before stated to the Gonstitu^ 
tional Society, is somewhat remarkable. 

T^he paper proceeds thus : *^Tbis SocJpty^ com* 



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^fpoaed ehsefly of the manufacturers of SIheffieldp 
V b^gan abdut four month ago, and is already in- 
'f iBir&ased to nearly two thousand members.'* In thiS' 
lelt^y dated March 14, 179^> they state it to have 
aOKHmted to two thousand^ exclusive of neighbour^* 
Wg towns and villages^ who were forming themselves 
into similar societies. Tfaey then state the principles 
vipon which, the societies.are formed, and that '^ they 
!^ have derived more true knowledge from the two ^ 
^^ works of Mr. Thomas Paine, entitled Bights of 
f ^ M^, Part the First and Second, than from any 
^^ other author on the; subject. The practice as well 
'^ as the principle of governnient is laid down in those 
f ' works,, in a manner so clear and irresistibly con- 
*^ vinclng; that this Society do hereby resolve to 
^ give thdr thanks to Mr; Paine for his two said 
^^ puliJications entitled Rights of Man.** 

Gentlemen, I beg your pardon for addressing yoit 
90 much at length on this case, but I feel it mf 
bounden duty to the public, to you, and to the Pri- 
ioner at the bar, to warn you fully of the whole of it» 
There, ii nothing which, I am sure^ would mor6 
certainly happen, than that I should go, not only out 
df this Court, but to my grave, with pain, if I should 
hav6 stated to. you in a proceeding of this nature the 
doctrines of Mr. Paine, otherwise than as I think of 
4bem. If that is meant to be intimated, that we 
m^y have no dispute dbout them, and that we may 
Xiot misunderstand what is that principle, and that 
pts^ticcg to whi^h the passage I have now read 

L 4 

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152 TUX itTTCmVST ^BNBBAL't «f BSeX MT 

alludes, you will aHow me to read a fair pwagea out 
of this Second Part of the Rights of Man, aaid to 
oontain both the principle and practioe of gowm* 
meat, and then I ask you what those roust have hi* 
tended, with respect to the government of this omiw 
try, who meant to take any 8tq> in order te make # 
d)ltnge in it, in such a way as the p^oiple and prae*^ 
tioe laid down in that bpok would require fhem-^ 
make it, recollecting that the government of tfahf 
country ss a government consisting in a King, having 
«Q hereditary crown, together with Lords and poni* 
mons, forming a Parliament according to th9 hmi 
and constitution of England. 

Now, that author, in the first place, ei^preases ^ 

great deal of what possibly may be differently thought 

of by other persons, but what I cannot call good wtU 

to the people of £nglaml->-for he says, *' that during 

^' the time of the American war, he was strongly 

^^ impressed with the idea, tliat if he could get over 

'^ to JBnglaad without being known, and only remain 

^* in safety till he could get out a publication, that 

^' he could open the eyes of the country with respect 

*' to the n^adness and stupidity of its government/* 

Let us see in what that madness consisted aocord* 

« ing to him : haying stated in his former book that a 

government ought to exist in no country, but ac« 

cording to the principles of the rights of man— he 

repeats again the distuictioa he had stated in his 

former book, brtween what he calls the two systems? 

he says, ^' that the one. now galled the old is heiedi^ 



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^ tary, sillier in whole or in part/* which is that of 
JSi^laiKl 5 *^ and the new is entirely representative,^ 
^p«^that is, a: government consisting of a ComnKMis 
Houfte, if 'j/^u choose so to call it. — ^Weknow, that 
in i64g the ruling govf^ment in this country was 
aalled a Atrllament, called a Commons House, and it 
wb9 then QnacMd, that if any persons should attempt 
td put a Kiv^ imo this country, they should be 
deemed traitors, with much less of an overt act ma- 
Hi&sted, than is necessary at this day. Again it is 
fitattfd, ''an heriteble crown, or an heritable thrcfne; 
*^ or by l^atever fanciful name such things may be 
^^ called, have no other si^nficant explanation thait 
** that mankind are heritable property. To inherit 
♦« a government, is to inherit the people, as if thej^ 
^^ were flodcs and herds.** 

*^ Hereditary succession is a burlesque upon rks 
*^ narehy. It puta it in the most ridiculous light 
^* by presenting it as an office, which any rfiild 
^^ or idiot may fill. ' It requires some talents to be 
^' a comm(Mi mechanic, but to be a King requires 
** only thef animaf figure of man, a sort of breathing 
'^aotomaton. This sort of superstition may last a 
^* few years more, but it cannot long resist the 
^* a^kened reason and interest of man ;** then, *' in 
" whatever manner the separate parts of a constitn* 
*' tion may be arranged, there is one general priri- 
" cifDte, that distinguishes ifreedom fi^om slavery^ 
" Whidi is, that alt hereditary government over • 
^* people is to them a species of slavery, and repre* 



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154 TH«vA7T«Rll8Y GUNIMlKV SFESCV OK 

'< sentative govjemment id fneedoiiir thoD, ^)e8ki3R|f 

of the crown of England,: that ctomn, in wHiob, nc^ 

eordtng to the law and constitution of this ccMintiyy 

according to its principle and practice, is ves^ the 

^vereignty in the manner in which I have stated it» 

fae says^ ^' having thus gladoed at.aome of the defiaots 

f^ of the two Houaes of Barlialiettt, J proceed to 

'^ what is called the Crown^ upoR wfbkh I shall ha 

*^ very condae. ^ t 

r ^^ It signifies a riomiiialieffiaiaaf a.miUlon sleding 

*^a year/**~Again, 'Geotlen^Q, give 9ie leave to 

observe that this/: wliicfa has been ao ofiten detailed 

far the worst ofpurpoaes, cannot bat be known to 

^thoK who know any thing of the codMitutkHi oi the 

country'— (I charge nobody else— those who know 

any thing of the constitution— I charge not those 

who do not know it)-r-to be in substatioe a gross 

misrepresentation — ^' the business of which ocmststs 

^^ in receiving the mcmey. Whether the persoQ be 

'^ wiffe or foolish^ sane or ini»ine^ a native or a fb- 

/f reigner, matters not. Every minister acts upon 

-^^ the same idea that Mr. Burke writes, namely, that 

/^ the people must be hoodwinked, and held in su- 

/^ perstitious ignorance by some bugbear or other; 

f and what is called the. Crown answers thia purpose, 

/' and therefore it answers all the purposes to be ea^- 

." pected from it/' 

Gentlemen^ in another part of this work, you will 
lifind that Mr, Paine was very well aware of whet 
^ese Sheffield cprr^p<mdeuts were aware of, if they 



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were the compo^ei^ of the letttef td which Mtunp 
alluded ; that the principles^ laid down in the eon--' 
stitution of France^ which the» two books were im 
fecommend, and the principles^ stated in p4iine*li firstf 
book, were absdlutely inconsistentwith the constitu- 
tion itself of France, as it existed^at that moment ;i* 
4ind Patne profAeHeatly (he would not have had 
common sense if M^hAd ststted it otherwise), even itt 
the beginning of 1792^, when he publishes this b<X>k» 
foretells that the |i§v«nifmento€FlraiiGe, with a King 
Si * part, of it, updii his pfvncipleSt md the principled 
professed by the ecmstitotion of Stance, ooold hot 
exist: he foresaw that in Aogiist 179^; and I tnH 
prove, that those pertons, who* #ef« thus approving 
the prindples and practice of Paine, knew that t 
King cotild not exist consistently with those. prin^ 
tiples ; and they adopted them therefore, as we ill* 
Sist, in order -that a King should not exist in. thik 
country. 

'- Gentlemen, these resolutions, being received pet^« 
ikaps from Sheffield, a step is. taken upon them in 
the Constitutional Society, and a step, which gives 
an authenticity to the book I have in my hand, 
namely, the book of their proceedings, whidi is re- 
markable enough ; for in this Society's book there are 
these resolutions, which are supposed to be reoeived 
from Sheffield, wafered .to the book ; and then witfi 
a view of a publication of them, in the Morning 
Chronicle, World, Post, Times, Argus, English 
Chronicle^ and XSeiieral Evening Po^t^ ibr the pur« 



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19# TUB irrXWHIT f«NlM^l,*)»:SfBSPH OIT 

pote of ctreiilatiog. tli^; pHn<^loi of- Mr. ThpmaS; 
Vrnm, luid £pr jAi^parpcMeofoircuUtingthecepre^ 
amtatson^ *hich is Hi«4e in thfase resolutiont^ there 
b first of att, in Mr- Tooktffi hawd-wrUi»g,-^*' So^. 
^^ deiy Jor CpmtimiAwd Jlnftkrm^tionr Imdanpi 
^ March 2»d, 1709* Tki$ Soeie^ ftoffing: received 
^ ikejbil^wmg Md other commttm^tiw^ from ^hrf-^ 
^Jkid,vk:'r^\.bsipd-w6*ing^^, ''MarchlAih. 
?^ J7d3,"*-hl« hand-wrUirfg-^h^* the words '^ tm 
^ ihommd mmtw^s,'' aopved md«r« I cannot «ay by 
Uin, but by somel^^ I auppose finr tht pprpoaa of 
hang prmtedin Italic ; and thece U at the conduaioa 
of thia teioutQ in the haod-writtng of Mr. Tooke, 

*^ That iha secretary do reium the tkanh qfthU 
^ Society to the Sotiety fer Qmetitutwnal Jnfermatiim 
^' established at Sh^ffieldy and tkat he e^Epress to them 
'* mth what friendship and qffecti$n this Society mar 
^^ braces them, as brothers andfeliowJabourers in the 
** same cause ;" — of principle and practice I supposa^^ 
^ That he do assure them of our entire concurrence 
*^ with their opinion^ viz. that the people of this OQU^ 
*• try are not, as Mr, Burke terms them, swine ;"«*^ 
the writer of thia must have known very weU ^h^ 
tense in which an improper word» I reacJUy admitj 
was used by the person to whom he now afi^dea»-n? 
" but rational beings, better qualified to separate truth 
V from error than himself, posse^stng inore honesty, 
*• and less craft. 

^' Resolved, that this Society will on Friday nefi, 
^' March Zlst, ballot for the tu^if/e ammt^ mnh 



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^ apj^rhvid at this wi€^g.*^^^lM^ thtt papet Is 
tHii$ ordered to be pdblrsked%r %he prfihary pufpMi^ 
1 smbtnit/of re66ihmendin|^ ^hatprindpl^ and prae- 
ikxxy tthich' makes the ^effield people *^ fellovr* 
** Ikbovit^rs"* whto £he fccmititoitlottal Society, ki the 
satne 'cause of principle and^ptadtice^ and which, bdfSi 
in the principle and practice^ was aimed at tlie de- 
utttrctibn bf (he . government of the country ;-'^-of 
tliat Hetedikry monaridhy, wHidi^ Peune r^estets is 
^t^rbiirty y-'^f that limited mdntlirdiy, which he re* 
'jprdsents as tyratiiijr ; an^ fyit tfate pWY^ose bf recom- 
ViieMrtg thaf rtprestntntive gbvtrkfMnt^ ^i^^ 
say,-W*the trcfe' sense dJF ill'iftef w6rA wWiJh Iftete 
peopletise:— 4j6t this ithota4'-**^you-W»rc!teeWe> thit 
this paper of Vesblation^ was accompanied b^« letter, 
in which letter there is also the faand^vriiitof «f Ml*. 
Tooke, and that the paper states thattWo.tMusatid 
members beldtig to the Society at-Shefifeid/And tiikt 
this niimber is to be stated' l>y publication/ ais ike 
number df perscfits belonging to the Society at Sheif- 
field, hi another publication they are stated to 
amount to tiff(^ thousand *ftAir hundred— in Novem- 
ber 1793^, it is Stated j that they were many tbou- 
'sands : no\^ you will see from the witnessi^^ sooie of 
'these oorreiipondents, these aWe men, who ari so 
Ihtle corrupt, in the course of examination«--you will 
see^ tmtess I am mistaken in the- efRsct of the evi- 
dence 1 have to offer, the truth of an observation 
that I tftade, that mankind were to be misled, and 



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\mpieties ^wem ta be invited to be icreated^ h^ the miii* 
fq^esentatipnof nyqiberi^ and by. giving^ to. exfstr 
,ijig .«o(uetie» a cq1p|Ii: in; t^t re^)^^. which didiipft 
^91% to them; for to Ihis hoji^^ .^fter^lUh^ ps^iiyi 
.Whv^ have been taken with the !^)jieffidd. peo^e (and 
^.^b#^ painn you will h^)9 ^09(& 1i^¥?^^ ^^ ^'v^^re 
itjwa .thousand^ have ye^^^aj^ved. to but albout ai^L 
.bmi4red. . .. « , ^ > . 

, .Geo^letnen^ this Societjii haviog in Uija letter M- 
rpr^ij^.an ioclinatian that they should hayaiaqpfs 
.ffs^fjtcjd members in t^e Constitiitiqnal $Qdetyy that 
_ft$lji$tiqn b^o9i lA tl^^ Constitiftipnal Sgciefy ip 
1I^9r4w» which I have alluded to^ anfl aqcoitUng^ 
.:yott Y(^£nd^ that^^pon tb^ Slat of March, twelve 
sp^^99^. Yl^^ b^Ilotted for as froov the Sheffield So- 
^49^y, m4 b^rne associated membra of this Societ)^ : 
.jlQUrghseinrey that ^his letter had stated from Sheffield 
;that j^^y b^d received before a communication frjom 
;jyi(n Topke* and Mr. Tooke afterwards write&.a 
• 4rA^g^ of a Ipt^f whifb is sent to them^ in which 
.|i$;^ta^efj| ^' I aii^ directed by the Society for Ck)nsti- 
; 1^ ^tutional Information to acknowledge the reoeipt 
^^ of your letter, and to express to you that very great 
. ^^ p}e^^ure-and satisfaction which they received from 
'/^ your cooG)mui^icaition ; the Society have unani- 
, " mously elected twelve" (here follow the names of 
] the jj)|Br5ons), "as associated members of this So- 
^ ^^ciety*:'— 'These persons being certainly. Gentle- 
men, extremely respectable men as subjects of Great • 
{ Britaiq^ but at the same time men^ that one woo* 



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^s n little fihoill^ upon spAi a purpose ai iSns, 
tfpthout a rfttlemore instvubticm being inifuaedkitd 
^dr minda, h^ve! htea as$ooiBlcd as member^ intb 
jUiis Society-r^'^ and we flatter loorselves^ tfaat^HeA 
*f way hmmms Of other' oeeasioh shall. lead any of 
^^ ^09e gentkaseBt Id lioodon^ they will be kind 
/' anofogh to honour tbeSoetety by their pmsehce; 
^^ and give na an opportukiity of cementing that 
'^ friendship between us^ which all the zealous friend^ 
;^* of public 'fr^om and the. happiness of mankind 
." o^ght to fed and exercise^ towards each bther. . ' 

*1P. S. I am desired, by^ Mr. Home Tookey to 
:^^ request each of the assotiated members to hbnooV 
. ^' him with th6 acceptance of the books which acr- 
^^ (Company this Ijetter ;''-^wbich were, I apprehend 
it appears, so .miny parts of the Rights of KKn^ 

Qentlemen, upon &e 24th of March ifgl,"^ 
.fip$r appears to have been sent to Hm Cohstitotion^ 
.Society from a nest of societies, the' United Const?-* 
:tiitipn&i Societies at Norwich: this was the 24th bf 
March ]79ll>.and it appears, as I am instructed, thdt 
the wofris 'f 24th March IJ^iy are also in the 
,temd*wriUngof Mr.Tooke. ^ ' 

'' At a meeting of the delegates of the TMm. 
'^ Constit^tiotial Societies, held the 24tb M4rch 
< '' 1792, at the Wheel of Fortune, St. Edmund*^, 
'. ^^ in the city of Norwich, it was unanimously agreed 
'^ to communicate to the gentlemen of the Lcmdon 
* ^' Society for Constitutional Information, the follow* 
- 1* i^g resolutions ; 



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. ?: lat. We am bappy . to setf 'tbe suceess 4>f the 
f'Sidfield Society ibr CotistitiitMmal Reforln^ and 
f^ approve of the ddegalions, whieb you and Ihejf 
^^ baye made in order to ftifma ^ifan of general iti^. 
^^ fonxiation. We .hiunUy beg tbat yea moniSA gtHAt 
V tfi US the same favouk* ; ahdift is ovr^Mnqb, that dl 
^^ the societies of a atfailar kind in' Engiaod Ivere 
'^ only as. so many mcmher&rtrongly and indissokibly 
.^^ united in one poliiicai body/ 
. . ^* adly. We belieire tfaat instructing ihapMple in 
*' political knowledge, and in tbeir natural and in- 
f^ benent rigbts as men, is the only «i^tual way to 
^< obbiin the grand object of refiirm, for tnet) need 
.<^ only be made acquainted, with ^ abuses of go- 
/^ yemmeni, and they will readily jbki In e?try law- 
^^ fuhtneans to obtain tedtess ; w^^hsvetbe pltasu^e 
^^ toitifonn you that ; our sdcieti^ coMiat of some 
:<< hundreds^ aiti new. societies are ffe^ieqt)y fomi- 
/^ w^ wfatcb^ byide^ates, preserve a matua) intei^ 
!f^ 4otfse with each: other, formutuailnstraction and 
./^ sn^MrmatiDn^ and the grert^t care hAs. been tdtm 
.*Vto preserve order, trtd regularity jat our meetings, 
*^ to convince the world that riot and disorder ar6 no 
" p^S'of our politicdl iareed. 

, .'^/Bdly* We beBerA, and are firmly persuaded/ 

.{todif any xtiaa tbougbt so, he had a right 4o say So 

f if be pleased,) ^^ tbat Mr. Buiiie, the once friend of 

^' libeKy, .has traduced the greatest and most ^lo- 

f ^ rioaa revolution ever recorded in the annats of 

^^ history ; we thank Mr. Burke for the poUlical dis« 



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^<<(ttlii&n ^n^Mdktsds MaA hy iwbieh fab hss (spstted 

^ 4thly. To Mr. IStooyatt Smm esr '^miks lare 
^^ "^Sfiiieciifly due for «tie fivst and «cmid p«ru W th6 
X' fHigtttS ofMatt^ abd M««incercly wisti tliat te may 
^' )itfe io'^ee Ms I«b(iam'**^hst is, the destt^KStim df 
het^&itzty govei^nmMt «tid fittiited mamrnhf^ :and 
Mti^e^u^tyibe gotiei^tiia»ticrf^£rigU(iid'^^'Ttfdwl)6d 
'' with success in the generld dlffuttkm lof IHbttity oind 

G«Mfeki¥iieff), this l6«ter Amu not iif)p|sbf t^Aioqgli 
the wctds, th^ 'a4th of M&niu, lare m the Ihahd^ 
"WitOfyg ^( Mt. iTboke) to hate bden l*e^ iin Jthb 
Om^ttitioHtfl JS0(Mty till tthe S4fth pf Mary 17^^^ 
^MWen Aney rebd ^fcis lettter, &nd adsb dnnther, whidh 
I \eM "M^ M«le %o yoQ) fitntt the flocnety osUed th6 
J^0*wch «e<t*iftkm Society, > 

'^ Tlie Mo^fri^h Revolution Susciety tmsh68>to open 
^ % ebMlvMk^oti M^Mi yoQ^t tbta tirm, w^«n (ix>n 
^^ irtrption has ftccjimed a f»ublicity in the Senate, 
"^ i«^tdi e&acfes Ivotti 4he ihonouir of the Brkish mtidti 
^renewed 'exei%ioh5'fi)r fD^fiiattientary irifomi'-aiMilthw 
^"^tft pl-^iidgirrg die probable ievem'*^^^^-(tbia (is a 
^tAti^l ^^ssage, whM, you conned it it^ith ii4^ % 
Ibtttid-in'dthei' dubse^etft p^pers^)'^^ etidn of <sedh 
^ifti<^«|!)^^tk>n «d «tb« L^t&1siiu«i6, ttie 'So<mi}' i^ 
'VtvWftag to eii«eiila«e the in^mtitton^ a«id to co- 
^ opehite 4to thfe fneastiMB, thM may w&m heit 
^tiddpted 'to ^further wdc^ifable and so impotlsnit an 
^\ end ; it is willing to hope the redress of every 

VOL. III« M 

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l6t TUB J^nOMMMT QBVZRXL^S SVEftCH OS 

^^eiusting gnevahce at the hands of agoveniiBeiit 
^^ resulting from an extntordinary convocation in 
^^ l68S-^an extraordinary cotoveiftion of all^ who 
^' had at any preceding time been elected representa* 
f ^ ttvea of the people, assisted by the heredkary 
'' counsellors of the nation, and a peculiar deputa* 
'^ lion fiom the metropolis ; which national consti* 
^^ tttting assembly cashiered for misconduct a King 
*^ of the House of Stuart" 

The opinions and principles of this Society are best 
explained by an appeal to their literary repre$entative 
--*-^^ To James Mackintosh, author of the Vindicia^ 
^^ GaUicas, the Society ofl^rs the tribute of its appx)* 
'^ bation and gratitude for the knowiedgBi the elo* 
^^qiience, and thfe philosophical spirit, witk^hich 
^^ he has explained, defended,- and commented on 
'^ the revolution of France ; it hesitates to assent to 
.^^ this only of his opinions — that there are but -two 
^^ interests in society, those of the rich, and.l^oseof 
^^ the poor--prif so, wfaat:cbaii^ have [tl^e latter? 
^^ Surely the interests of(!alt the industrious,: fipoi 
^^ the richest metx:hant to th^ f^iopest medi^ic^ are^ 
f' in evety cdmmonity, the sanie^ to l^$en-the^||yai»* 
/^ \)ttB of the' unproductive^ to whose maintenance 
th^y eontribute> and to dp away suph :institpt^ns 
and impolts as abrid^rtbe xnesns of mjaintenanse 
by reisisting the dcAi^nd fpr labour, or by.sl^fuing 
^' iii Inward : m the ; m^ns mq^t conduci w . to this 
*^ eompreh^nsive endv the Norwjph Bevdutiqn>So* 






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TPB.TJRIAI. <>? THOMAS, HAIDT. l63( 

''olbty de9ifes an equitaUe. representajtiOQ of the' 
^^ people. 

V The Rights of Man by Thomas Paine, and the 
«* Advioe tjo the Privileged Orders by Joel Baclpw^" 
a book wbiph I ahall.give in evideqee^ a|)d therefore 
shall atat^ some passages from presently^ ** l^vealso: 
'' been rf ad with att^ntic^p ai^id ciroulatjed vrith avU 
•* dity/>!-jj|Srow iQ^rlpw^^f.bwk you will Qnd is^ in the 
plainest and xfiost unjequiypcal language, as I under«» 
stand it,,Bfk exhortation to all people to get rid of 
^^gfy government, and addressed XMre psulicuhrly 
to the two societies I have ineiitionfd> as containing 
the sobsjtanoe of the business^ in which they are inte*^ 
rested^ f^ you will see when I come, to state the ' 
transactions of October 1792. 

** The Rights of Min by Thomas Pig|ne, and the 
^^ Advice t^ the Privileged Orders by Jpel Barlow^ 
^^ have also been read with attmtion and; pircukyted 
^^ with avidUty ; th^y ppint out with clearness most 
^^ of the 'abases which have accumulated under the 
^' British government ; they attack with energy most 
*' of the prejudices which have tended to perpetuate 
«th?m.r f.. ; 

Now, hQw any man Uvii^ could than);; these people 
without informing them that^ if, they, really meant 
well tQ^thdr cpuntty, l^ey mOst be ignorant in the 
extreme^ or isomething wosrse^ if they cjquld reconcile 
either the Rights of Map or .^I. Barlow hook on 
the Privileged Orders with. the princip^^ f>( ^bat 
Qqintentipji iq t688^ whiphris^ th^: foundation ,0^ t^e 

M 2 

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Jh&i THE "M^bRKBT ltȣK%1tALV SPEBtti OK 

Iibertr66 6f ^h cotttitt^, is to me qtsite itv6x))lkiaMe. 
But^ after stating the constitution of this <xmnl^, 
ih a lettier fabricated with grfeat art, there fdltow the 
twelve names of the kitendect osftoeiiiltdd ^Mmberi 
fifeth Norwich ; a«d Ithe description <of some'of the^e 
tS^ve fitppecis also, frMfi a sfng^Un* ctreitth^t^^ 
to bete th^ hattd^w^itittg of Mi^. Tdoke. ^ Ithih ^'A 
Sod^y rettims thMiks to 'the Addittes at^iSbeffieUI 
and Nortvtfih Ibir th©^ commmMctttiom* - 

1^6 resbkitions of. the London Gorf^pi6hdihg So- 
dety, Which I told you were «ent on the 'SOtfi of 
March, iart to th« efiect t ' 

^ '^ Wesohred, That every individual h^ 4i ^ijglft 46 
' ** fihaire inlSife gotem«tfe^t of that ^odet^ «tf fMhiA 
*^ he is a member^ unless inea|>aci'^Med. 
' **4lesoIvcd, That ttdthihg bat fton^age, ftr j^nVa- 
^ tion of i^oQ^ ttr an ^ilfafftde agltinM tHe ^[itftli^t 
^ Wiles cX society, can inctopacittite liftfn . 
- *^ ItesoTVed,' That it fe' m>t 4ass the rigW^ UifilA «hfe 
^ duly of evety *c*fi«bn; to tSeep ft Av^chAil ^e^ on 
^ the gov^rtifeefft of t*Ss cdimtJy, that «hi tews, iby 
^< being infUK!plied> <Io Hot ^tlegenei^e inl0 ^Ifipk^- 
^^ sion^ and that those who are intrusted wtlh'Jftife 
^' ^o^fnmi^ ^d tiot mftetiftiite ftime^MQieatior 
^* piAlic advfarithge. ' >^»^' ' 

^' Ke96l^hgd, That tlie pec^^e Qf Offetft Sk^ibiii tire 
** not piiopdrly ii^resented^iti FAtlianifertt. - • '' ' 

<^ Resdv^ed, That in <5ott^i5fudiicc ofA^gfihl, to- 
^ equal, md inadequate itprfeserit^tioa, Idg^thdr 
^withthecon'ti()tn]eth<)d in \AA^h hip»^MM#»tes 



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. ^Hfi TBIAL Of 7HPMA^ 1IA90.Y. 1@& 

^^ are elected^ oppressive taxes^ imjust laws, restriC4- 
^^ tions of liberty^ and w^ting of the public money; 
^ bs^ve ensqed* 

'* Resolved, That tlie only remedy to those evils 
^^ is a fair apd impartial representation of the people 
*^ in BarliamenL 

^^ Resolved, That a feir and impartial representa- 
^^ tioa c^XL oever tak^ place iMilil partial privileges 
^^ ar^ 9ty)lished, ami the strong temptations held 
<* put to etectors affi)rd a presumptive proof, that 
'* ttfe repr^entatives of this country seldom procure 
^^ 9 seat ta Parliament from the unbought suf&ages 
^^ of a fre^ people. 

^^ Re^olred^ That this Society do expresa their ab- 
^^ horrenoe of taknult and violence ; and that, as they 
^^ aim at i^orm not anarchy, reason, finiiziefis, and 
^* unanimity^ be the only arms they employ, or per- 
^^ $uade their IbUow-cttisens to exert ^^inst abuse of 
^^ power." 

Gentlemon, ia this, wfajch I have now read toyoa, 
1 901: wiU^g» if you please, that you should construe 
ewf^y world oi it^ though certainly it is not ccHvsistent 
with the principles of British government, upoq 
thfs prisQcipte, that those, whi3 sent that paper to the 
Constitutional Society, if it even was sent tha% at 
aP, refily ikryJeratood it to be consistent with the 
f)riJ3cipks of%he Srttisb government ; and I claim n6 
^fdit^iopr the veracity with which I assert^ that this 
conspiracy has existed, unless I show you by subse- 
(]uent acts of this Society, that at this moment they 

m3 

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160 THB ATTORNBir OEKERAL*8 81PESCR ON 

meant what Mr. Paine says, in principle, and practice, 
isj^eonly rational thing — ^a representative govern^ 
ment ; the direct contrary of the government which 
is established here. 

. You will find, by what I shall lay before you, that 
there was a Society in Southwark. — ^To this Society 
the London Corresponding Society, in a letter which 
I have to read to you presently, stated their adoption 
of all Mr. Paine*s principles^ with a view, as I think^ 
to ihe practice recommended in his works : this So- 
ciety also received the (hanks of the Constitutional 
Society for a communication whidh I am about to 
state to you ; and the London Corresponding Society 
afterwards entered, as it seems to me, into a oombi- 
nation with them, upon the principles stated in that 
communication: I say it is impossible, attending to 
these facts, for any man who reasons fairly, to doubt 
that the principle of the London Corresponding So- 
ciety and of the Constitutional Society was to form a 
representative government in this country. 

A declaration from a Society iq Southwark Was 
read 2—" Resolved, That the thanks of this Society 
** be given to the Southwark Society for the following 
'^ communication, and that it be published in the 
** newspapers j 

" April IQ, 1792, at the Three Tuns Tavern, 
*f Southwark — Resolved, That we do now form our- 
<^ selves into a society for the difllision of political 
5^ knowledge. 



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I'HS TRIAL OF TROMAS BABPT. 10^ 

^* Resolved, That the Sodetj be denooiiMtod the 
'' Friends of the People. 

<' Re9olved, That the following be the dedanBtioii 
^' of this Society"— whidi is the preamble to the 
constitution in FVance^ in the jear 179K 

*^ Considering that ignorance, foigetfolness, or 
'^ contempt of the rights of men, are tbescrfecausea 
'^ of public grievances, and the corruptioo vi govern* 
" ment, this Society, formqd for the. purpose d in* 
** vestigating and asserting those ri|^t8, and of miit* 
^^ ing our efibrts with others of our fellow-citizens 
^Vfor correcting national ^abuses, and restraining an* 
*^ necessary and exorbitant taxation, do hereby de* 
"cbre-— 

- f^Vmlt^ That the great end of civil society is 
^^ general happiness. 

* ^f Secondly, Hiat no form of government isgood^ 
<^ any farther than it secures that ol^ect* 
:^ **': Thirdly, That ail civil and poHticri authority is 
1^ derived from the people''— -that people, of whom 
Ibef mere afterwards to form a conventioii* 

^^ Fourthly, Tha^t equal active citizenship is the 
f* unalienable right of all men ; minors, criminals^ 
^< aod insane persons excepted/* 
' Now will my friend dispute with me what these 
principles, according to the ideas of those who state 
them^ kad to ? 

*^ FitAiIy, That the exercise of that right, in ap^ 
^^ pointing an adequate represeniative govemmenf*'^^ 
that is, the goyernment> whidi Mr. Faine tells youj 

M 4 

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jGf^dcto every thing tlliib is bereditary-^*u^ wh^t N--^ 
'^ the wisest device of humaa policy "-—nc* cmlyt,haft^ 
Iwt it is-^^^ the only security of natiojinJ^ fe^^ra/' 
-ii^Thcn^ is aot (ihat a direidb tms^st'um^ tb«t the Bri- 
tish governmeot exists vpon piwct{)l9S ool lecqH'^ 
mlahfe WLih the principles of a g9vemm$iifc th^ ean 
kwe aa/jc security; or such a SQCUsity as id ovgh^ to 
have for genera) freedom .^ 

The Sodefy for Cons^tional lolbrmatioQ s^liiai 
theiD d^nhs vipoQ that als% and then thoa^ persons 
wha write thk letter say farther in. the same papein- 
- <« We call npoaouf f!^wwcitiBeD9» o£ att cfescrip^ 
^^ tionft> to institute societies for tiba wioie gieat 
^^ purpose**-^tbat is, the purposie of introducsag re^ 
pre^eiitativd gi>veoniaeat^i«'^^ ynd we recqaiiMiHl a 
'^ general correspondence with eacdi ethec^'wibol 9^ 
tached and riveited to 'die Ooaskitutipiuil Soekty-- 
*< and with the S€)ciely for ConstilnAtifSiai:fiifpciaa- 
^^ tion in Loadon^ aa the best means Qf eeastnting 
^' the comoion: qnbn, and of diwoti^g vitk gfSlfcer 
** energy aav uoited eflbrta tx> tfao same ooDfMtt 
« ©fcjeols^'* 

What w^te'theobjcels of this Soiaety} Yoirwiil 
find that the objects of this Saoiaty vifiia the oiyacts 
of the Constitutioiml Society ; and yoawSl find fsre^ 
seemly, that they went the objects of the CqiMeqpcmdT 
jng Society : — ^Tbe Constitutional So<Mty fescdrait 
^* that every society, desnug ssi onioii^ or forre- 
^ spoadenee wrih this; and whieh doll^ viob psofisss 
^^ any prinoiples destructive to trath ov jc|slice*WDaai 



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IjU^ gi;irafi.oGC8»on £q( the first remsMrl; 1 hi^ve taipak^ 
upon language — *^ or subversive to the liberties oi 
V QW w««<rjr; l?^ wtiicb> on, tbj^ coDtrary, seeks, 
^/ as ^e (iQ, the remaval of corruption 6*00) the I^^* 
^< gislatpjre and 2^bu3^ from the Qoverqinent^ OMghjb 
^' tot be, avdwe hope will be ecnhr^ced with the xn/sftst 
^* hxQf^ex\y. 2^§^\W a(id patriq^ip friendship hfiio^ 

^* Sof^ipt:^." 

I ob^rvQ ijipon tbUg, that all this handsome lai^ 
goage i^ perfectly coimtent with this princq}.^^ m 
tiMt min^ of.thp^^ who writ^it, and they do no| 
veQtMT^ tiQ e^xplain^ it 5 because I think they dprsf m% 
^pl^io it^r^wUKtbi^. id^ in. (heir jninds, th9it thpw 
g^inoipl^ w^fQ destructive of truth and justice, v^no 
«ab¥«i:si^ of jthf liberties of the. country, which w^rs 
ynnciple» in qppolitiiQn tp tho^ of Mr. Paine i ^d 
tbM ;A\ praptic^^ tM was. iq opppsirion to the pr^o* 
tK^^he reQQfpiiE)pnd$i ^ys subvf r^ive qf the Uhisrtie&of 
the.gwotry* 

I come- WW ta a circumstance or two^ whiph )fad 
09^ tA static slHtrtly what will bj^ prpv«d to b«. ibe 
cn%H»aL flfljipi^UM.Upiic of the Jipndon Corr^^ndUig 
^Qc^yhr^tz^e plw, (the efficaqr af wlu<^ had bsen 
trie4riQi FmRoeji and wh«?h mesii wI^q. caia« from 
thfjt icpunbry;^ w^e {p-obably w^U ^oq^aainted withV*^ 
Wf»{ tpmHtfii^ ^r4«. smatt bodios of nen-t^fs aooii as 
t)K3( j^a»M^ ^31^ ^ gi^ter numh^^ (k)^ divide them iipto 
IWpIW fftrtifCbi fli^ 60 ta s^ead |hecns#lv«$/ by da- 
S»^^ C^s yP^ wiU fiqd in the le^t^rp^ w^s the pqrpose 
<>1^ th^«e wpi^sjt^ ftofli t^wn to. 4011*, fcom viHsge 
to village, from hamlet to hamlet, till, as they ex- 

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ijO THB ATTORHBT OEinEKAL*8 SPEECH OM 

fhStt it, there shoirld not be an unenlightened man in 
the country. 

The constitotfon of the Londbn Correspondmg 
Sodetj was formed upon this principle ; it will appear 
Sirom the written evidence which will be prodctced tor 
jon, that a gentleman of the name^ I think, of Felix 
Vangfaan, inrfx appointed a legate upon the SOth of 
April, for No. 63 ; that Mr. Hardy consulted him ; 
and, beingalso appointed to form a constitntional code 
of laws for the London Corresponding Society, Mr. 
Hwdy consulted him upon that subject. The pre* 
amble to the resolutions which formed their consti-^ 
tutkm was this r '• Whereas it is notorious that very 
*• nomerotrs burdensome and unnecessary taxes are 
^* hid on the persons and families of *ns and others 
*' the industrious inhabitants of Great Britain, an 
** exceedingly great majority of whom are, notwith- 
" standhfig, exchided from aH representation in ftr- 
" Kament ; and as, upon inquiry into the cause of 
•^ this grievance, which is at once an obstroction- to 
" our industry, and a diminution of our property^ 
•* we find that the constitution of our country, which 
*^ was pnrchased for us at the expense of the lives of 
^^ our ancestors," has, by the violence and intrigue of 
•* criminal and designing men, Beien injured and uh- 
<^ dermined in its most essentia) and important parts, 
" but particularly in the House of Commons, wheW 
'^ the whole of the supposed representation of the 
^' people is neither tnore nor less than an usurped 
** power"— I hope. Gentlemen, k cannot be re- 



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' THB TRIAL OP THOMAS HABST. t7i 

quired that I should contend against such an asseilioii 
in this place, if a court of law in this country has 
not lost all the character that belongs to law ; how 
that usurped power was ever to be employed as 
an organ in the constitution of that new representa* 
tive body that this Society aimed Bt, consistent widi 
their own principles^ remains to this moment unm« 
telligible to me— ^^ arising either from abuses in the 
^' mode of election and duration of F^arliaments^ or 
"from a corrupt property in certain decayed corpo- 
'^ rations, by means of which the fiberties of this 
^^ nation are basely bartered away from the bribei 
*^ profit of the Members of Parliament : and as it 
^' further appears to us^ that, until this source of 
^^ oorruption shall be cleansed by the determination^ 
^^ perseverance, firmness^ and union of the people 
^^ at lai^, we are robbed of the inheritance so ac« 
'^ quired for us by our forefathers^ and that our 
^* taxes, instead of being lessened^ will go on in- 
^'creasing," aS they will furnish more bribes^ places, 
*' and pensions/ to Ministers and Members of Far* 
^^ liament : we therefore^ having resolved to unite 
" ourselves mto one firm and permanent body, for 
" the purpose of informing ourselves and others of 
^' the exact state of the present parliamentary repre* 
^* sentation, for obtaining a peaceable but adequate 
^^ remedy to this intolerable grievance, and for cor^ 
^^ responding and co-operating with other societies, 
^^ united for the same objects, have unanimously 
^ adopted the following r^ulations for the internal 



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f^ 0fder ^ikI govfrnment ;^ /a^itr S^qi^tj^^,*- Thejr 
ll^n s^te tlieir regulations- 1 and their oonstittttioo 
^ving been thug fornfied, tUey pubHah it ^fterwav^^ 
in Ih^ nnm^ ^1 May« Wh9t G^6«rvations tbfj^r $b|l€ 
t^^i^ pii^Iw upqn it in tfaft moi3!th.of ^l^y^ I ^S 
llftw W9fttten to- r^r^Q^^ pre^ntiy*; yiyir wUl ^9e 
th^ iPWWf of pr<««fedieg m'H^ respeqt to th# d^tion 
ftfth^ic deUf^e*, ^r ^ pnodmctiaD <^ 9 p«tiei|br 
pipiBr, Cte the 13|b.Qf ApiiU J^pprepR, whq«i jou 
hfive hf9f4 iqnoh of^ Mr* Mai^^Qt^ U ^po^c^ a 
4^^gRte ; iipoQi li»6 goth of April, Mf- Vwj^a» 
tiE^. ^Sf ^ »ft th^-^pen i&evidenioe ol l^a fjK*, *p- 
poiikted 4el(qi»(e fior Nq* ^ ; Mr. Rifil?t*f, * jWtjr 
mami m tJ)ii;IkKK^iW«!^ wd Mr. M^ns wither 
Jimitfu ^gm^A wJftpm ^ Qr»i4 ilq^y W^ £^wd a 
MU» ^04 who ifi a<it nmped ia ^ iB^^t^Hia^t^ ave 
^blP Iipp0i«(»d diekigpt^. Mir, |l4r4y i> Wt only 
nmr^^y, Imt W i9 Bj^poii^ted, fipQP Uie lath ef 

fi)f the !i4sicikc^ ibete^ bediefl. Yw iVKill |^ tbey 
afli^ifard^ timt from %vm t9 ti^ie, ^ Rws^e the 
ffK»t pfirti99e9 oC their if)CQrp<t»!$4^, # an ^^l!ii9i|se, 
J thinks. th9 Bett i4» Us^m 6|veft, 14 0^- $^iid^ 
feom D^iiich plaoe rame ef th« cpri'^fpoMiPoe- 1 am 
aJM^ to 9tdt^ to yQu monies. 
' Gr^tleineti, tb)& S^Kstety for Coostitutioiial InfonxK 
aliony: haftog afiUJaled teviei^ «9(»etk» vary taddenly 
with lh«m8CiivesmTwheth«r Mr. Plime reaiikied in 
Ibis OQuntflj^ orii0t I oaAnot teHr-rrtlttrJ^felKaaiadinaL 
iMft «i)faiSilkttwifebaiM)lif|i^S^ «diicfa irto fae^ as 



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it ^rppearstome^ in justice to tham, v»f Mrongly 
disUnguilsbed tndeed Witti t€s|)ect to the prihorplei 
upon which' tficy acted^ I rtean the ^Society caflrng 
itstelF Ae Frieftids of «h6 People, meetitig tft Piw 
Masons' Tivem : with IvHat-prufleAce (* discretioti 
tfeat SodMy ifbrtned it^f fe^ ^wbjteW wtndi I fifcall 
not discuss^ but it is a most important fact^ thM in 
dbe fiist. attempt, which -^h^-Stocifety A* Cotistitu- 
tional InformtfgiOn rtie^e (^rti^^'it oi^Mlo^knowH 
m justice %o tbfe Fri^nd^ oNhe T^6^e% 'ft6 fi?ft %t-^ 
tempt tiifey tttadfe to aMiaJlei tbem5dves >#it*i'the Sdu 
d^y of nhe Spends ^ ^he^feoplfe, ttMrtl fodety, fft 
ctfrre«p<»id€bo6 that %iilJ%e*Vkd to yotii, a^l» ^'^oft^ 
ibA^idoal Wefibbel^ (3(f ^^li^tkutiot^l Skx^ty had 
d<»ey 'Jfti^y tey^*^>Kdt,* '<v%''*soover yotit- desigft 
•"^ fi^d»ft?(rtl»t '3i^u ire^d^ yteu teH us, ffOtn yW» 
*^^]^t^Glb«tidh bf ^^tiii^t^ erit^ed itild tit M«^ 
"^'cfe^fer^Mgrt^d 'by Mr/ Walfcei:tad Mr.- J8tIt«ott> 
**''A«I^6A ^f^pi^vfe tlic'sort <tf ic/heihi^s M^/.PiOi* 
^« l^as-' s«>fertli-i-^that yttu'lif|i^d*« pr<?]^efcte 'Of gi? ifig; 
'«i« loosl^ and i«d€fimt6' telrras, tfefefnll eictelnt of 
" *rhtff y<»«ai 1jfce*ightbbft%fe^pte, t0*fee^peoplfe> 
*^ ttiafc ?s '*<%*^o<fr' SttWftt f we thferik"— iattd; iCtehtJ^ 
toefn/^ftnyC^'ilfen *«3f^^v6i*y'hQhist1y ^hink k, Init h* 
rttik go^fibfeue-theektftthfitoftbf ?lfe ^fegafli 

vi^ayi 9f Ihe ^dbes ^cf-thifife/ff **'tafeS«« to^redtioe-lMil 
*oujg;lits ittto ipracfice^*' %^'thftrik *>mt?ferHam€nt 
" is not adequate to all the ^ends %r-wfcich'it4s 
•'•iris'titttted a^ a body/ tbrot^h whieh" -is 't^ be 
** spokiet), 'as far ai -the -constttutjott rfequirts, '^Jj* 



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*^' wiH.d the people ; but.we do tiot faean what yp>tx 
^^ ntean ; we mean to preserve the form^ oi the coo* 
^^ stitutiqii;^ which it it clear jrou do not ; we mean/* 
toys Lcurd John Russell, in a letter, which will be 
rtady ^^ tp preserve the forms of the copstitaiion, 
** anc^ tjherefore must decUoe all correspoadfenoe with 
•*you.** 

. . Gentlaneo^ it happens^^it belongs .to 90C}eltes of 
this nature, and I desire to be understood, therefore^ 
in stating it, only as stating a circumstaQoe, which 
in its pature does belong to those 80ciejl;ies, imkI 
which will-, happen — thftt it was thought ne^^essaiy, 
ibr the great purpose of doing that whteh: was evfm^ 
tually to be dppe^ that a Sopietyj whid:i had reje^c^e^ 
po-operation with the Society ^rCon^tit^icpal {n:> 
formation, should stiU be k^t^ for the p<irppse$;of 
the Society for Constitutional Informaticmyinlact and 
efitet oorrepponding and connected with it. Accords 
ingly you will find that thia Society <^ the Friends of 
the People, rejecting upon principle the plan which 
they thought abandoned the forms of the ^nstitutipn, 
that this Society retained, in its own boscoi, accord- 
ing to the account I have of it, many meo^bers, who 
I^ippened to belong to the o^her Society, and the 
lyork of both societies went on by the 89,me instru- 
ments ! they were thus therefore connected in fact, 
(hough they did npt choose as a body to have one 
Society in, connexion with the other. 
. Gentlemen, b^ving stated that, you will allow me 
now to mentiop, though it is a little out.of d^te, but 



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S!BB TJUAt. OP THOMAS HASPT. 17$ 

k aUo connects it^lf with aad iUofitrates th^ Ipsk 
observations I made, that the Sodety at Sheffieild^ 
ivhich ha4 connected itself by affiliation with the So« 
piety for Constitutional Inforoiationi and you . will 
ako find with the Itondon Corresponding Socjety^ 
had. received^ about the 24th of May, intelUg^aca 
from the Society of the Friends of the People, whidi 
stated to them very correctly what their pbjects wism^ 
the means by wbiol^ they meant tp accomplish tbcoi^ 
and the attention which they ameant tapay to '(he 
forms of the constitution* You will now see what 
the Society for Constitutional Inform^ion under^ 
stood to be the objects of the Sheffield Society, and 
what the Sheffield Society understood to be the oh* 
jects of the Society for Constitutional Inform^on* 
The Sheffidd Society (though I do not know that 
they kept their word) distiiu^y disavowed, in a letter 
of the 26th May, to the ponslitutional Spciety, 
having any diing more to do with that Society*-i--called 
the Friends of the People — which meant to pre; 
serve tbfi form^ of the constitution ; r€{)resented that 
tbjsy had totally, mispnderstf^od them,, and would 
h^e nothing^ more to do with them, but to. the ex-; 
^nt, to which the Society for CoQStitutional IiXj' 
jtbrmation permitted, . ^ 

You will find in a letter frpm Sheffield,, of the 
26th of May, and this corrected by Mr. Topke, that 
they thank the Q)nstituti9nal Society for accepting 
Jtheir roenabers. They then state th^t they h^d in* 
fifc^aed to two thousand four hundred. — ^[ On ^a* 



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IfS THE ^%M8lr8t «tkB7«*At'« ^BMtr OlT 

'' 1;uiifey last, Ifb^ 1^ iti^t&nt vvie it^ved ii podket 
•* of printed ^dd^esse^, rWolutiom, fcc. frtm the 
** Society (Free Masbiis* l^eth), whifch <m titettrrfr 
^^ (jonskteratfon we lS*d durslelvips not to ^ef! wcoti* 
•*fei!kld to the ideas ikiejtfM^ky too os as we icOuM 
•* ^irfi, if they bad appeared in^ti diffident pdiift ot 
^ vfe*ir ; ilbf ti& they affijrd tis Miich 4i Attfering pto* 
•^ spec*, aB yke Wefre apprehttisiVfe «ntghfe te ex p ectd l 
« <Wta an atecciatten of so respett^*; a ^bady, tkidit 
«* the high denominatiwi of the ^Vietids "tsf thfc 
*^ l%op*e. In Wit opinion, Iheir aDdf^r df the 1 !2tli 
**inl9tant *o ye^ttr letter ef Afe 'ftVth Mltktto is tid 
** Way* *<Whpatible wi A th« ^pfieRsftrdti ; Mm thfe 
♦^ known teSpettabflfty tsf niany tiafhfe^ wWch appear 
•^^ttnyngst them, we had ^ntertaitifed grefet hbpes dt 
"their real tisfc'**-w»k the words, <3rerft!eme<i^^ 
** in otttfinkig a thotonglh refown**^^^rioW 'mitaid wtt^k, 
that -rdroftn is—^*^* iti lobtatnhfig u thorbogli ttefortti 
»* trpen l?he prificrptes of the rights '*tfttiati,*'-*.*Uttt 
is, a rt^rcsentwivc government, tejedting the lCih]g, 
and i^ecting every other part X3rf the tbif^^tiltitidn t<f 
(Ms >cotintryw except so ftt a» it w)^'eohsiisltetltv(hl'- 
deed it lis liot cohststent with ahy pat^t tX it) wilh the 
principles of the rights of tnan-^** vbhith catl irtftd* 
*^ be accomplished until every man lenjoys his )d!«vW(A 
** laiid jttst privSegefe, 

^ l^wioiis to the reception t>f this prfdket, ^fe dlSI. 
'* eomtntinicateto them by ietter the plearfttg ^opei 
** it reelected on us on fookmg forward, Me^g 
** «uch respectable characters srgrtafiarfttg fhettibdlvtb 



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. teSS TRIAL QK THOMAS JIASDT. 177 

'^ in snpfaort^ the people's rights^ agreeable to th6 
" above principles, and the denomination by whicti 
•^ tfaey have entitled themselves, &c. In due course 
*' they would receive our letter last Thursday seven- 
th night ; ind in consequence, we apprehend the 
" packet was forwarded to us on the same day, bat 
*^ without any written communication. We shal 
*^ not attempt any further communication with th^m, 
f^ until we are favoured with your sentiments upon 
" the subject, or until matters of doubt which are 
^' at present entertained be removed.'* Then there 
is a note, which shows the necessity of this fostering 
care of the Constitutional Society : they say — " Bir- 
^^ mingfaam in particular claims all the assistance 
'^ from established societies, which possibly can be 
'^ administered." 

Having written to the Constitutional Society upon 
the 26th of May, they find it expedient, for the 
same purpose, to trouble their correspondents of the 
London Corresponding Society ; *^ We were favoured 
" with your very affectionate letter of the 7 th ultimo, 
*' and communicati(»:i, in due course ; and I am di« 
'' rected by this Society to inform you, that it is 
*^ with infinite satisfaction they receive the informa- 
^^ tion, that your firm and laudable endeavours are 
^^ directed to that effectual and necessary purpose^ 
*^ of opening and enlightening the public mind, and 
^' disseminating ireful knowledge amongst the genei* 
" ral mass of the people : by an orderly proceeding 
*/ in a firm pursuit of truth and equity, there cannot 

VOL. lit. N 

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176 THS ATXOBHJBir QJWUAl'a BVBBOr QV 

^^ be a 4oniift but th^t our }omt eodeavours ivill in 
^ due ikne be ^owoed with sjiicce^. 
: ^^ A^ brollier^ wd fdkw^labourers we oongeatu- 
5^ kte you on the rapid |Mx^reas of use&l and real 
^' knowledge in the varJkm$ |nrt$ of this nation^ 
/^ tvbidh w^tently indicates that ihe time cannot 
f^ be fwc di^jM^t when truth will he aaote yredo^ 
y ipinmt, equity more generally administered^ and 
y SiQuod wisdom more nnivecsally Bought after. 
<<^' Wh0n pride, ambitiosn, and ignorance, giveplac^ 
'^^ jko l^e victues, when oppression ceases and cha* 
^^ rity abounds, unben men in jpistinciple and practioa 
.^^ verify the uec^ty and advantage of doing to 
*^ <Pthi^;as iBhey wish to be done by ; theo, and not 
:*/ ti^ thm, c^ any people or nation be said to be 
« h?ppy. 

** W^ ha^^e berewibb enclosed, our rvdcs, &c* 
^' Sliould have writusn you much sooner^ but on ac« 
'< poi|i|t of a dUap{>aintment in the pitting of our 
!** articles, &C1, 

^^ Qor pumpers continue to increase) both faere^ 
}' sind in the a^acent towns an^ viUages; a general 
;^^ oonourrence prevaUa^ as to the necessity of the 
^^ business, and the measures adopted by this Society 
>^ ifor <]j»tainii^ our object. . U will be of grpat ifn'i' 
^' qpoRUynoe to the cause we are eng^ed iu^ that 
/^ a .more &equ^nt c9mmunication be jnaintained 
^' amougst all (be similar instit»itiaQs; &>r which rea^ 
^^ scm we b% the &arour of yoiir carrespGndenoe at 
^^ levery convenient opportunity^ which will be highly 

3 



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'^oWgiDg to (hie Society, who in return pledge 
'^ themselves to observe the same role." 

Gentleipen, bevtng- stated to you new what it was 
that the Society of t^f Frieodb of the People disco^ 
veved to be the ciij^t of the Comtitutional Society, 
and I ^neelng with them in tbibkiog their disoovery^ 
upon that subject ^^a accurate aad Hglitj you will 
find it Deceasaiy to gp back, ai^d to proceed in the 
order of tii39e to the 7th of April, Mr. Hardy sent, 
from the London Cornespondiog Society a copy of. 
theif resolutions to the Society for Constitutional In* 
ioreiation^ which waa estaUished at Mancbestef» and 
4oyred sSiSQ to have correspondence with them» a» 
tfhey were aU engaged in one common cause ; that 
Maocheater Soaety, yon will neooUecti which hoped 
Uwt the other great' be»ei)ta which Mr« I^ifie had 
tlM^(\3 ymid be carried into ellect* 

He says, *^ We began this Society about bsn wed» 
^' a^ ; k is qomposed ehiefly of tnadesiPQen and shop* 
*' Ice^pefia^ The enclowd will ipferm yon of the^ 
'* priupiples we set wtr li^a. — Wkm wo first aaso^ 
" qiated, we flfttterad ourselves that no other soqietiesr 
*^ in the nation were fom)^ upon the same principles- 
*-* ^Ht in two <^ th«ee weeks afterward^ we wi^rei 
*^ wort, agreeably informed of owr brethren a^ Sh^- 
*^ fi^ld \m^\f^ taken. the lead in so glorioa^ a eause^-r. 
^' we itTissNsdiately wrote to thecn, and were answered 

V wikhoMtt delay> eKpreasing a wish to vnite with us, 

V f»r pr<WBcH>pg the e»da we ha»e i^ view, apd w^ 

K3 



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'* are assured of saocess, by persevering prudentlyV 
" and with unanimity/' 

^ Upon the 18th of April 179^, in furtherance of 
this plan, you will find Mr. Hardy writes a letter to 
the president of the Society \\i the Borough-MNow^ 
that is the Society, the principles of which I have so 
distinctly stated before, as leading to representative 
government^ as the only security for liberty in the 
country. — It appears that their declarations had also 
been sent to the London Corresponding Society i 
and Mr. Hardy, upon the 18th of April 1792, says, 
^* I am ordered by the London Corresponding So- 
*' ciety, to send a copy of their resolutions to the 
^* Society that meets at the Three Tuns Tavern, in 
^* the Borough, established on purpose for restoring 
** the rights of election, or in other words, to ob- 
" tain an equal representation of the peqile of this 
^* nation in Parliament." 

Now they had avowed, and avowed in their decla- 
ration, that their object of a 'representation of the 
people in Parliament was precisely that more ex- 
tended one in its principle, which obtained at the 
time of the Commonwealth in England — namely, a 
representation of the people in Parliament, termed a 
Parliament, but without King or Lords, a represent-^ 
atlve gvvernment — ** We should be very happy to 
^ enter into a correspondence with your Society— -as 
*^ we are all engaged in the same grand and important 
** cause, there i& an absolute necessity for us to unite 
" together, and communicate with each other, that. 



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;^-i t. T|l£^T|e|^b Of THOMAS RARinr. 181 

^QV^n s^ntimentolind ddterminatioos may centre in 
f^ one point, viz. to have the righte of man re-estaf- 
^^::bji.$he(l, e^qial^y in this nation ; but our views of 
>f jtl)i&>rigbt9 of Txmn iMre not confined solely to this 
h\l Cf9a}t;i9kin45but Are:exkeKKled to the whole human 
*?^^ r4f;^Tr-4>l9Qk.. Or ^ybile,> high or low, rich or poor. 
;',I;^iyp:yoii the following as my own opinion—per^ 
•* haps you may think it a singular sentiment'* — ^and 
jLhet^ai^ppiaiOIi i9:giv:m);whi€Ji it isimy duty to state, 
I^Qi^ l4oJQio.t j^ti^rMaod it — ^^ that the King and 
^^ >h^^%Q^l^^ (IS onuph as the peasant and ignoble, 
•]f?:llp-^^^q1l4Uy,depiriv?dcfif their rights.— -Our Society 
eft)£ftt*ts. jiv^ry Mond^ «igbt/' 
.,:[|(qH^tf«n)l»ii, ih^rC' is an.auswer to this, from a 
l»|S(l!lt<>ifitheinpfnfi, I, think, of Eavell, who is chair- 
XBfn.QriheFrlemd^of.the People in Soothwark: he 
«ayiJT-'*iI.<lttly recri^ed.your letter^ containing the 
.^^ r^floU^tions of th^iLondon Corresponding Society— 
fV4vhi9h:^I have ccynmnnlcated to onr Society in the 
i^ ^fl^gh*-7^nd; I. am directed t6 return them the 
^^ jthftdjcs of that' Society, and to assure them they 
4* sl^^Qr4tally unite with them, and all similar so- 
^^ pieti^.th^^ughout the kingdom,, in endeavouring 
:*'jtP efiec^ those. great objects for which they are 
" associated — namely, to engage the attention of . 
f*i thieirlfeUovfr-citJzens to examine thfe:gencral abuses 
".of ,^yemuneht, and to exercise their deliberative 
^^ wisdom' in a cdlm but intrepid manner in applying 
^' those remedies."— This is in April ; and in August 
^% expressly tell you> thatthere was to be no remedy 

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1B2 TBS XTrmmmLit 68iift«A.ii*4 sivmch ok 

^from Purlianent^'^ In applying ihMe mmeSies wllidh 
^^ the country «t Uurge may ultttnately requir6-**«nd 
^^ tliey mncerely agrtt with you m hoping that thfe 
^^ loiig'^M^ected rights of man iM )}t testotei, nik 
?^^ only in this odiuitry, but in effery part of tbe^tbte 
^ where man may d<wieU.««-We rtiflU very moHtMns- 
^ mtt yon « eopy of our declaration^ and liope for 
*^ your further correspondence.** 

A letter and resolutions from the Revolutkm atii 

<:bnstiti}tbnBl Societies at Norwieh, dated lIMh df 

April 1 7^2, were read at «he meeting df the Sodety 

fcM* Constittttional Information, oi| the 4«h of M^y 

following: they distinctly stottt^^that Mr. ^^ltie'% 

books wem to be the medinm, throo^ >wlliob\he 

prqudiecis diat had grown u^ under the Bi4tli^ ||6i- 

^eminent were to be got rid of, ami <he Cdilstiltti 

ijonal Society return tiiem their thmks * in ^iheae 

•^vopds-^^^ This^Sooiety reeetwa the abo^e ooeMfmnU 

'^^ cation wi£h the moat heartifek satisfaotiorj, tind 

'^' deaicas earnestly to concur and co*opeiM6 Wit% 

<^ those Booteties in their iaodaUe objects ; Chail^thft 

•^^ secnetary do inform tbeni' of the aame, atid'^at 

'^ this Society has ooaninioolily elected the' twelve 

<^ menbbers of the Norwich Sodel^es to be assodatted 

«*^ members of this Sodety.^ 

Upon the lt«!h f)f Mmj 1793, the Gonstitational 
Society i!esolv«d^ tliat tliere ahonld be a comimuiica- 
tKH) from tbftt Society tirith the Society of the friends 
of tfaeOinstiitutioa at Paris, ^nown by the name of 
Jacobins : they send an address to tibeoij which i^ &i 



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TH8 TBIAL W THOMAS. nW6AY. t^ 

Itese wori— « Bfothers and fcittow-dtkems of thfe' 
** tporld— ' 

^^ The otmiial and aflfeclioAate reception with' 
*' fvfaoch you have bohoured our worthy^ couutrymeny 
" Mr. Thomas Cooper, and Mr. James Watt, me«n- 
^ bero of the Society of Manchestett", and united v^kh 
'^ cor Society, has been communicated to us by thc^ 
" correspondence of those gentlemen. 

^ Id o&Brmg you onr congmtilbtions on the glo- 
^^ fiott rerolutton which yoiur nation- has aocom* 
f^ pKshed^ we speak a longiiBge whidi oi^lysiDoerity 
^' cata dictate^ 

^^ The formality of courts aiTdrds oo example td 
^ ors to do our thooghta justice^ we give to the 
^^ betort the liberty it delights in^ atid haU yoa sH 
^ bratbers. 

^ it Is not among the least of the revolntmn)^ 
f^ ntdiicb.time is unfolding to an astoDisbed woidd; 
*^ that two nations, nursed by some wretched craft 
^^ biTebiproca} batred, should so suddenly break their 
^* . commbn odious cbaioi and rush inta amity. 

^' The prtnc^le that can produce sudh ^ati^effeet, H 
^ the oflTqpjrtng. of no earthly conrt ;, and wiAlst it 
*^ exhibits to us the expensive iniqmty of fdrmer pa-' 
*^ Htio% it cables us witb bdd felintyito say^ve 
^^ haine dcms wilfa them. 

^^ ;In.OQiitempiatiDg:ti(ie political condition €^ na-^ 
^^ tions, we cannot conceive a more diabolical sys|eni 
^ of ^Dfiremjiieiit: tUac that whiich has been generslly 
'* paaotisfliiavet the woEk}» to feed the avarice^, and 

^ 4 , 

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164 TH« ATTOBKBY GBN£JIAL S aFBBClT OK 

^' gratify the wiokedne^ of ambition ; the fraternity 
*^ of the human race has been destroyed^ as if the 
*f Several nations of the earth bad been.created by 
^' rival gods^-man has not conaidered man as the 
*-?' work of one Creator. 

<: <^ Ttie poiitioil iustttutions, under which he bas^ 
<^ lived, have been counter to whatever religion he 
" professed. •• 

' ^1 Instead ^f that universal benevolence, viAikih the 
^i. morality of: every known, retigion dedlares, he has 
V been p6litically bred to consider his ape^^ieaas his 
'^ natural enemy, and to describe virtues^ and vices 
<* by a geographical chart. * • 

.** The principles we now declare ase not peculiar 
^; to tlieiSociety that addresses you ;. they are extend- 
^^ ing themselves with accumulating force thnmgh 
<^. every part of our . coiuitry j and derive ^trbngth 
^/ from an union of causes^ which no other princiiples 
*f admit. 

: /^The religioiits frigid of mian, of every denomU 
^^ natlQ|n, recoi^ds them aa his own ; they animate the 
(^ lover ofirational liberty, and they cberisb ihelieart 
^^ of the poor,: now bending under, an opfiressifin: of 
^^ |a:xes, by a prospect of relief* 

.^^ Wehave agfliinst us. only that same enemy, 
^' which IS the enemy of justice in all countries, a 
^< herd of courtiers fattening on. tlie spoil: of the 
^f public . . c 

^< It would have given an JuUidmiaitrtiKiiph' to 
f< our con^atulations^ if tho ojual fj|^btai of ovuj^ 



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rmz TKiAx. ov !n6MAS habdy. ISS 

^' which are the fbuTidatidn of your declamtioti of 
** rights, had been reoogniaed by the gov^mtfieMM 
^^ around you, ahd tranquiUity established ifn allr 
^.^ . bat, if despotisms be sttli teserfed to exifibitf hy 
*^ oonspifacy and combinatiofi, a ^Mfher ^inmplt^cdF 
^^. iniaihytoftifeu'toages, thftt Pbtver that disposes of 
^ events, beM knbws the means of making Ihatex^' 
" ample finally benefidal to his creatures; * 

:** We have? beheld .your peaceable principles m- 
*f suited by -desptotic ignorance ; we liave seen the 
* right lMiid'6ffello«H^hrpv which you hold out to 
*f the wprldi' rejected by- those who riot btt its 
^* plunder; we liow behold' you a nation proVdfeed 
^^ into defence^ -dn^ we c<m-see M nMk of def&nce 
*J equal, to ihaiiof^stabiishing the genemi freedom e^ 
*^" Murepe. ..-...;•.''''. '. , 

^* In this beqt of cauises we wish you success ; oar 
^* hearts go with you ; and' in tsaying this we btelievi6 
" we utter the voice of mttKcms/' 
' Oentlemen, this address was signed by the chah** 
man of the Constitutional Society, and traii6n^!tte4 
to Mr. Watty at Paris ; i^nd, 4»pon the 28ek of Mdjr 
1 79i^> was <]^rd^ved to be published. 

After this^ the principles of Mr« Paine/ whi6h^ you 
observe, contain the doctrines^bat I have been stiit* 
ing to you, were carried further 4n a third book^ (I 
mean in that book called The Address to the Ad^ 
dnsasers^ whichJ shall idso be ableto give in evidence 
to you) : Mn Pstne having there gone the length of 
isserting the/olly, a]>8ordity^ apd wickedness of the 



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CBOWf tn iieh t » under Wbiob wti Itve-Htibt only r>f as-- 
$Oflii^ jihe inedoipettoey of Gorinnliaetit, as it is 
fOftstiMittidi to change itaetfy but having: asserted 
tbktiiCjfitoventiOfMH^ npresentattov of the people^ itr 
All seme in "wimh we speilk (^ kf must do tbt^ 
Irork, be procbed^ to the extenl of akatiog the piailr 
end fortm of mi orggnintion of that sbt ty tipoki wfcach 
the Gonventtcm wad to be framed. 

Geritlemeo^ it w» imposBtble liot to nppiy to the 
jmtimof the laWs agaimt the attaek made? lipon euf 
Qpf«vpttiei^ by ^hci petraoQr who ^enC ta the) extent I 
wm m^ Stotingi with, the iipprbhetiqti^ pubKdbed 
ffv«r end 0¥er i^m^ of these^ sdciet^ay wba^ in tbeir 
wifoftte €]*Mreete«(> if l iMy so sfwakv oould not be 
fPOMAut^el for doing il^it bte«»iii neetaaary to ask 
a Jury of this country, whether these doctmet vieit^ 
l» i)e ;toieMed--ii(hM ta the eoftae^wbce of that? 
H. i$^ Ihat' these societies; iinniedtatel/ enter, into anb^ 
acriptions for the Support of Mtp Peitte^ and they 
ce^ider themidves as engaged in propagsting his 
fmf^i in that way> ift which im ^Mrkever wii» riro» 
psfHteki^to the intmt to pr^A^en U^t c^Mwedtibn, 
without which the nation^ in no MgebUsation of Jf» 
SOverpMMnt> oOMld h« said» aeeovding to thetfi, to 
ewst a» nutate of fffiddoin as anattenb 
i QenlleRFieii, yon wU) not be suvprised^ if it ako 
3ppeair$^ that,, in goNig on pffi^giessiirdy toi the exeeiiN 
tion. of the mischief that waa intl9Bde|i^ tbey heeame 
mppn misMf^ywB; and you ^iUfindiiMftberS' part' 
if« f^Q^ tte Sb^ety^ e9^|>rei»}jL ^X&6f^ ibm^ that 



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<^iey memm to'4^r0y tiia goverameift of tiie tiouil*- 

^snd to w^ieh niMiberd^ w ftr as appear* from aiijr 
infiirtMtkm thttt I bpevt had> they did not condasoend 
toiG^sptoftt ttMMidVi^d'Mx^eaf, No^yoafadV^ftlistdMl 
«Mit? obfeft-^'-MMs U n^ what we mean ? but they 
4eftve them tiAafiswared, and go on to eiedate the 
^purpotod they trem about, 

Havitig odine toKbode resolutions in Of^der to Mfh 
'port Mr. I^inpe ih these prodAoa^ondv they pnblklh 
'the rofoltitioneryth^ pobK^ thebookti of Mr. Bcine, 
they publish these resolutions in the various^ newf^ 
^papers (the editors of t&eie ne^spaper^ \ttinAng, if I 
jMy 60 Kay, ^tfietns^ti^s agalnyt the* lis^rds of thfe 
IiiW, some for triote^ soride^fortess^ aiidthey rMt^4lfe 
liaisati^d of pr^pftj^iitt^ tfio doetrlnes^ provided tbe 
-ooiisideratloQ paid'b ecAfde'^enbogh, ^ a pnditiiMi 
ifo^ ifce risk), md tbeii these pohnoations are <efit 
domi to theeOQAtrytoviiriotisplteet, in b««idredli, 
imd thoosmds^r am sorry j^ toy, to .. persons- of ail 
llrofession^, lo distHhate-^I am sohy lb stry,^ to some 
^ the most Mored pmfessions, whose nattiest w9l 
T^pp^r to ym Wheti they eenie to be t^ead-^^^aed this 
node of propagating these doctrines is adapted to the 
^tter impossibility of detection, and for die very 
p rtpo iao of having ^t efiect^-^to^nn^e the bw of 
Hit country uneqcukt to the miscMef, wtridi it was to 

At this time # prodatBdatkm was issoed by the 
ttecniiiFe i^ovemment of tte eoontry, m order to 



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M9 TWk:4^jyofww5r-#B¥#iUx.^.«i!ll»»H oir 

j€MA frill find» cloaking -theitiselves inider thaworik 
>^ a Mlond fmr r^pr^s^fttaUop of U»e people/*. whW^ 
yfotdd^ they hav?e never pon^ks^w^eil tft ff x^f n, which 
ifTordsDever .do e^\$t m aity^xt ofr#«y ^rifttpg pf 
Ibftrs^ ;I8 J caq.fiiH}^ vyiththe iDetitkW:o£ft Kiag^or 
other bopse of .lcgi$lfitfirp;;~tb«y y'kWiy -the. pr^c^ah 
nelion^ and make the very.miQ«n8: the.^xeculive gqr* 
vor^oaf^^t; took; tO:8(ipfHre9# the mfifckifiU » meoa by 
im\i^iihey shovkl sp^eA4;the effect of the mischi^ 
vif^w^ljl and dijf&Mely thwi oth^rwiise they»^oi|ld 
JttjPOidpne^ , . ;.: ! ^; - , t ^ , •; i' ' ; j ;-.Jj 

: :rUpc(i),ithe:34|h o€M^ I7^s th«s^!i»alettef sent 
ifim Mk Ubwfdy, I jMi^W jwoft fo. iWs own Jha»dr 
«iii|iiig, bnt!l.b^liei?e^oiin .the l»i>dri«vri^iag Qf .Mi?* 
%ughftn, wh9«nfJ:|3«fcr^ na^d ;te;yw,^in wbu^ 
li^ states, tha*, faytb^ dif^fK^tig^Of, t}afS:JU>pdo^<i^ 
jp^|?oi[»4in» So^ly*: hei>«l ti^.hc|ttwr,pf ^nofe^sii^ 
y> thep»ia copy of ihfJH:. a4d^e9S:arid)i*g4ila«iooli, 
yfln^hi b0 . rqqtt^stsr ^ they will <»9i|iaii«wAte. to • the 
X;«^ti|utipnalf So»ety, ^ ,Th^ tbankfb (Of . the.Spc^ 
.wfjr€^ gi^5<n» to*hi9m.<br thfei;, and thp^ K a. puW4^ 
Jfm M«ce-guard!?rl^tiian another yoi*/ wiU; fiad piihr 
Ji^h©iftp«tUhe:6th.Qf)Ajttgu6.t; J793. .;, ,^. „ 

v; .A(m\ sjtajti^^.the^ .comtitation, >^ch 
*^ef)tijon»d to'yw^oit^ysrn'*; Bfut^^^Pjeovideaoe J^ 
'^ fi^nji^M men iift i^V«ry;^taj^o)?; withjf^ctrftles Hfr 
*^ cessary for judging of what concerns them$e|«M 
** sha}l ye, tho n^nl^itpde, ^uffor « few^jwithfio.bet- 
*5 tcf right tharj porssitps, tq nfi^ifp, tb« pcjifyer <rf 



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^ Tim tmi^' Of raossM ^tuaur^ t^ 

*^ governing as without ebntnol? Siti«iy mt: let 
^^ us ratter unite in one Gomitian cause ttf oast awi^" 
^ our bondage, b^ng .assuredly > that ill so daing we 
^ ane protected by a jury of bur 5x>untryiBeh, ^ifhiie 
'^ we ai^. diaeharging a duty to ourselves^ ijo our 
V country, ind to mankind.*' ^ 
c Gentlemen, you will find toiri a papecof theCkh 
of August, that that, which U^y supposed^was ta 
meet mth protection from a jury of tlie country, waa 
a combination to r^orm the government of ttie 
country by means-— other than application to P»ii»* 
ment — whidi binds together, Iwith the Kinig, as the 
great political body of the country, the whole system^ 
under which wcilive. 

, Gentlemen, the London Corresponding Society^ 
as to the King'^ proclamation, followed the examfd« 
of the Constitutiona} Society, i and, on the 31st of 
May 179^9 in a paper that w91 be fead to you, they 
vilify the proclamation ; and this papa* haviiKg bee» 
communicated by the London Corresponding Society 
to the G(»)stitutional Society— ^they, aware of the 
imture of it, ol'der, that that paper should be pob^. 
lished in sudb newspapers as iviU receive the adver* 
tisements of this Society •—They were pretty well 
aware that they were of such a nature as made it 
somewhat hazardous to publish them. 

You will find a letter, dated the 14th of June 
1792, from certain persons styling themselves th^ 
Editors of the Patriot (who they are I am not able to 
state to you, but who, for the purpo^ of theii^ 



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mtktm, t&Mfjtktit Mmnsary to oemceai tbeir Mimsy, 
in which thejr 6mm the Coiwaponfitm; Socitly to 
Idle w opportooitjr of enligbtesmg A^ fnAI&c mkuf 
bjr puUieailiofia^ l^ adviatiaemcn^ bjr circahtkig 
those papers ia rillagea to country fftrners, 6Msmng, 
as I stated^ to coiioeal thmr oame^ but requesting 
that the fiaperp flight he tent to a pevsqo^ who holds 
an rniporlanl skuation in a suhs^unot (vM ^ Ihla 
ioaioessmfa Mr. Gaie^ § boeluetter, atSheffieU. 

GentkoMii, them wU he hid befoie you rarbaa 
parts of the proceedings of the CMSlitatiemI Sodelf^ 
iduoh rebte to Mr. Pgine^ iwhieh I shall no^ pass 
«ver^ ?xoept for the parpose of cattng your atten^ 
tton to another publication of his upaa *he fith oi 
^«ne 199%, and arhicb was addresseii to Mr. Dondas} 
yOQ will likemse find that that hook, which will bo 
{pv'cn yon in evideuoe^ cKstinctly disavONRfi all hcaedi* 
tpuy govemraent; aO monarchy, wnfer wtiatraeo 
foaliflRitioins ; wd then, for the pnspbse f>f eiociiht^ 
ing this Aictrmf , as tfaey had beA3ve cirouisted die 
doetrinea in other works of this gentknan, titey 
. oiitkr, ^ that twehre tftousaoad copies of that letter 
*' shall be printed for the Society, for the. purpose el 
^^ being tninsnntted to onr conrespondents thfough*- 
^ out Great Britaui, and that a eoiiunittee be ap« 
*^ pointed to direct the saoie.** 

Gcntlemea, I pass onl now to the 6th of August 
IfQi; at whieh lune there lypcam to me to h^ve 
been an estremely in^portant transaction in the Loa« 
don Cotreaponding Society; it is the propagation of 



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^UU TglMf Off !l!W>Viia JBA«3IT^ l$t 

an addr^^ 9f t^t 4ate^ which first dcvdc^nr^ (is it 
^eeins ita ^tn^ though in sQoiewhat of cxivert bn* 
page^ Uie (l^tpnuin^l^ of these societies to work 
ffhat they call 4 ceform without wy ooamuiniostioti 
whatever with^bdt BarUao^nt» which they held to be 
iaooQfjpetent to briog abput the business. 

You wi^l lio4 that^ upon the 6th of August, Mr. 
Har^ ^«^te 4 Jester to Mrr Toofce; tfaft be sent 
hiin a proo^ cppy oif this MMre^; that he hoped it 
opioid ii\€^t h^s atjtentioo^ ^pd his appfohatioa ; that 
b/^ Sib9iil4 \}Q exceeding ^^ppy to be £sTa«ired with 
his opoAign o£ it bf^for^s it w4s printed. 

Thi^ addries^> af^r stating ivhat they oonsidsred as 
the ^fBvances of tiie coAintry, states tfaos*— ^^ Such 
^' being theibiiorn ^itnation ^ three fourths of the 
5^ jEifiv^f hpw are Britow to pbtata ialbrcKiation ^and 
^' redress ? Will the Court, will Ministry 4i»)rd 
'' either I Will FMi^maeQt grant them? Wsli the 
^^ 9Phks 9r the clergy esiise the peo{de*s soffiarii^ ? 
^' jCtlp. £!^c{)|erienpe t^lls u^ md prodamataons ooia* 
^^ iirni it, th^ the intere&t andihe intention of power 
^' ^^ combined to ^eep th^ nation in torpii igno*- 

It then pjtat^ the Qn]y rivsM^rce to be in these so* 
i:iet4^$lf it th^nstat^ v^ripusd^toiled r^sons, which 
yx)p w}M hp^r^ w4 then pr/xseftds to this ef&ct: 

'^ Nnmjsroos other reibrais would tmdoobtcdly 
^^ ti^jpe p^, even in the first session of Bsujiaai^it 
" j^q elqcjed, d^ppndant wly oft tbar flectois the 
'^ PgflpJfi; unt9r» the?e§jre h? fratio»i undivded 



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IfS THS iCTTOBirEV GBNBRAL*S SPEBeR OX 

^ by party» uncdrniptecl byMirtistrjr, and uninfla- 
** encnd but by the public good. Every transaction 
^ would tend to reform, and a strict economy, its 
** natural consequence, might soon enable us to 
** reduce.our taxes ; arid by the integrity of Pariia- 
•^ ment, that reduction wobld light iipoft such objects 
•' as best might relieve the poor ; this to the people 
.*' would prove an advantageous and a novel session, 
^'^ and to an honest Parliament not a tiresome one. 
,. " Therefore, Britons, friends, and fellow-citizens, 
^' with hand and heart unite, claim what is your 
•* right, persevere and be free, for who shall dare 
•^ withstand our just demands? Oppression, already 
f* trembling at the voice of individuals, will shrink 
** away and disappear for ever, when the nation 
^^ united shall assert its privileges and demand their 
*^ rertoration.'* 

Gentlemen, the address you will find was circu* 
'^ed with infinite industry to every Corresponding 
Society in the kingdom, conveyed through every 
possible channel, the doctrine adopted by all the 
affiliating societies ; and the plan, which they went 
upon from this 6th of August 1792> appears to have 
been a plan to redress themselves by their own power, 
and by their own strength, and not by application 
to that Parliament, which alone can act in legisla- 
tion ; it seems to me to be impossible that you can 
mistake what is meant by this paper, if you will give 
your more particular attention to a paper which was 
received from a Sociiety at Stockport, and found in 



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•THE TRIAL OP THOMAS HAKbY. igk 

tfife possessidn of Mr: Hardy upon the 27th of No* 
vember 1792: this, after adverting to those nume- 
rous grievAlices stated ih the address of the 6th of 
August I792, is to this effect : 

** Iri 6berf?^nce to the wishes of the Society here, 
" I Ua^e the pleasure dt acknbv^rlfedging the honour 
" 6f your letifef, arid the packet, Which the kind- 
^^ hesi of bitr brothers of the London Corre^pbhding 
^* Sofciety sb opportttnely pfesfehted us with. 

^* It is doubly deserving oiif thanks, as it shows 
'^ your kindness, and as it will be useful in the 
^ formation of our infant Society ; We stand much in 
^^ heed of ybqr experience irt thi^ partifcular, and we 
*^ doubt ^nbt of your best assistance ; we are sur- 
^ fbutided by a majority, a formidable one indeed in 
^^ power, abilities, and numbers, but vte are not dis- 
*^ mayed. 

** W6 have 6ar6fulfy perused the addresses, and I 
^' am to observe upon their contents in general, fha^ 
'^ the Sentiments hardly arise to that height which 
^' we expect Jrom irien sensible to their Jult claims to 
" absolute and uncontrollabli liberty^ i. e. iiridccouht^ 
^^ abie io tmy pdtver ivfiich thMj have not immediately 
^^ c'dnsiitiited and appointed. 

^'^ These are our sentiments', whatever may be 
*** yours ; though, in the present state of political 
^' knowledge, it may be prudent not to avow themf 

openly. We desire your sentiments oh the means 
•^ of accomplishing {hat object, which we presume 
*^ y6u have in View in common with us ; we thinfe 

vol.. iir. o 

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U 



ig4 THE ATTORNEY GEN£RAL*S SPEECH OK 

*^ it expedient that we should perfectly understand 
" each other in the beginning, lest the appearance 
^* of disunion might furnish matter of triumph to 
** our enemies ; we observe one expression," — you 
will take notice that Mr, Hardy at this time was a 
member both of the London Corresponding and the 
Constitutional Societies: — " we observe one expres- 
*^ sion, which says, ^ numerous other reforms would 
^' take place,' &c. &c.; but we ask how is that Parlia- 
f * ment to be chosen ? Can we expect it from the 
1^' present order of things ? Would not all the evil be. 
*^ done away at once by the people assembling in con- 
^^ vention ? Does it appear probable that the odious 
^^ laws, which we complain of, will be abolished any 
^^ other way ? Can the grievances arising from aris- 

*^ tocracy be redressed while the retains its. 

^^ present authority in the Legislature ?"— whether 
this';blank is to be filled up with Crown or the House 
of Lords is for you to judge,—" retains its present 
" authority in the Legislature ? Is the universal right 
*^ of conscience ever to be attained while the B 
^^ maintain their seats on the 

*^* Your thoughts on those important points, we 
^^ most earnestly desire may be transmitted to us as 
" 5oon as possible, not directed as the last,*— ^pd 
this you will find often occurs : letters sent under a. 
feigned direction ; " we fear it will excite suspicion." 

The Stockport Society say of the address of the 
6th of August 1792, sent to them, that they think, 
it hardly' amounts to sentinjents such, as theirs^, 



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l?flB TRIAL OF THOMAS HARDY. IQ5 

vamdy, that they must have, absolute and uncontrol- 
lable liberty, unaccountable to any power which they 
have not immediately constituted— that could not be 
the King and Parliament of Great Britain— they say, 
«< We presume you have the same view in commoa 
*• with us, and we desire to have your sentiments 
** upon the means of accomplishing that object." 
What object ? The object of putting themselves in 
a situation of being unaccountable to any power, 
which they themselves had not immediately consti- 
tuted and appointed— how was that to be done ?— 
M'as it to be don« by Parliament ? The address of 
the 6th of August had disavowed that it was to be 
done by Parliament. Is it to be done, while the 
Other parts of the Legislature hold their situation in . 
the Legislature ? We presume you have the same 
object: tell us what you think upon this occasion* 
This was the occasion, upon which the address of 
the 6th of August ought to have been explamed, if 
they meant to disavow that they had any such object ; 
but what is the answer? — ^The answer in effect is: 
That full and fair representation of the people, that 
we are aiming at, is that which is to be the mediate 
pr immediate instrument of removing all the griev- 
ances, we labour under, though prudence does not 
permit us to speak all we think upon the subject. 

^* With infinite satisfaction the London Corre- 
** spending Society's Committee perused yourlett.r; 
** they are happy to learn your steady determination, 
in spite of all obstacles, to pursue that sole means 
02 ^ 

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€€ 



j00 THE ATtdHNfiY GtNEKAl/S APEBCtiT ON 

** of poHticAl felicity, A perfect representation of the 
*' people.'* 

Now, what was the sole means of this political feli- 
city— a perfect representation of the people ?— Why, 
<he fortirtation of a power by the people, making 
themselves unaceotintable to any other powder, to any 
power but that which they had immediately thetn- 
^Ives constituted, hamdy, an assembly by a con- 
vention of thte people. Then, why don*t they speak 
out ? They say, *^ With regard to oar publications, 
•* our sentiments are expressed in as strong term^ ai 
* prudence will permit, yet plain eifough to convince 
^' the public, that, while we expect every thiitg 
** fVom an honest and an annual' Pirliament,^ — z 
Body might exist under the term Parliament in a 
commonwealth^ as well as under a Khig — *^ nothing 
" short of such a senate^ chosen by th^ whole nation, 
^* will satisfy us. 

*^ True generosity, the characteristic of this na- 
** tiow, and of ^I unperverted men thrt^ughdut thtf 
^ globe, calling upon us to countenance at thi* 
^ juncture the arduous struggle of the Prendi hatidrt 
^^ against despdtlsin and aristocracy, those (bes i6 the 
" human race, we have resolved upon addtteSslng' 
^ the French National Conviefrttiort.** You will per- 
mit me to observe, this wa^ upon the iJth oflf Oc-^ 
tober 1 702 : the King of France t<ras dbpoSferf in 
efffect upon the loth of August 1702. This passage, 
in the transactions of this Society, appears tb »e to 
be peculiarly worthy your attentibrl; ^* tVHHdut 



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TH9 THIAZ. 09 THOMAS HASDT. 1^7 

^^ entering into the probable effects of such a mea-. . 
*^ pure, e^cts, whiqh your Society will not fail to. 
*^ discover^ we invite you to join us ; and to that> 
^^ QncJ, hpr^with you have a copy of our intended 
^^ address ; if you approve the idea^ and will concur. 
^^ in sending it, be pleased to return us without de- 
*^ Uy, a copy signed by your president ; we will thea 
** associate your body with ours, and with som^ 
*' others, who have already assented to the measure ;. 
*' if, pn the contrary, you disapprove that mark of 
^^ zeal towards the only nation that has hitherto 
'' undertaken to restore to mankind its just rightSy 
^^ please to communicate to us your objections/* 
This was upon the 1 uh of October 179^ ^ upon the 
6th of Potober 179^i Mr. Barlow (whose name oo< 
cprs bgfwe with respect tp his publication relative to 
tb^ priifilfged orders) writes a letter to the Society 
ior Constitutional Iqformationi accompanied with a 
Vookj caW^d *^ Advice to the National Convention 
*' of Fxapoci" and you will be p)eased to observe 
tbi^t Mr^ fiarlpw, and a Mr. Frost, afterwards^ 
iij t^ ,nv>Pth of Noyerober, were sent with an ad* 
dire§s from the Constitutional Society to Paris, as 
their di^egates for that pqrpo^e- . The letter of INjIn 
^rlqw is 'm tb?s§ words : 

^ ^* I Iwye lately pujblish^d a small treatise, under 
" tl^ title of ' A letter to the National Convention 
** of France^ on the Qefec^s of the Constitution of 
^^ 179')) ^^^ ^^ Extent of the Amendments which 
^* ojiJght tQ be applied:' aUhough the observations 

03 

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198 THE ATTORNEY GEKERAl's SPEECH OIT 

*' contained in this lelter are more particularly appti- 
•^ cable to the French nation in the present crisis of 
" its government, yet, as the true principles of 
** s^ociety are every where the same, their examina- 
^* tion cannot be unseasonable in any nation, or at 
•^* any time; believing, therefore, that the subject 
" of this treatise will not be thought foreign to the 
" great object of your association, I present a copy 
** of it to you with the same confidence as I have 
** done to the National Convention, and to the 
*' Constitutional Society at London, a confidence 
*^ arising from the full persuasion that the work is 
*' founded in truth and reason. I take the* liberty at 
*^ the same time to send you a copy of another pub- 
*^ Hcation, entitled * Advice to Privileged Orders.* 
*^ The present disposition in Europe towards a 
*' general reVolutioti in the principles of govem- 
*' ment is founded in the current of opinion, too 
^^ powerful to be resisted, as Well as too sacred 
*^ to be treated with neglect ; und it is the <luty of 
" every individual to assist, not only in removing the 
** obstructions that are found in the way of this re* 
^* volution, but in ascertaining, with as much pre- 
'* cision as possible, • the nature of the object to be 
** aimed at, and the consequence to be expected 
^* from the attainment: it is above all' things to be 
*^ desired, that the convictions to be acquired from 
" national discussion, should ' precede and preclude 
^^ those which must result from physical exertion." 
Nowy you will give me leave to state to you what 

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THB TRIAL OP THOMAS HARBT. « 190 

the doctrine is in this book, for which the Society 
for Constitutional Information, Mr. Hardy then a 
member of it, thank Mr. Barlow, make him an ho- 
norary member, and afterwards depute him to the 
National Q)nvention of France. 

Gentlemen, the doctrine, I can explain it to you 
generally, without troubling you by reading particu- 
lar passages, amounts to this : Mr. Barlow, after 
stating the principles of equal active citizenship, 
which found their way into the constitution of France 
in 1791 J and which constitution had made the King 
a part of the system of that government, informs 
them of the glorious victory of the 10th of August, 
as the papers, which I have to adduce presently, re* 
present it ; that it had accomplished finally the effect 
of those principles, which he understands to be the 
principles of those to whom he was writing ; that it 
is impossible they should consist with this sentiment, 
^hat a King could be retained in a government ; that 
the constitution was at variance with itself; that 
those who made it had not discovered that, or, hav- 
ing discovered it, they thought the time was not yet 
come, when they could reduce the constitution to 
that pure government which was the object of t|iese 
societies ; he then tells you, that in government, the 
maxim being that a King can do no wrongs the 
maxim ought to be, that he can do no good. 

This gentleman, so stating his doctrine- as an ex* 
planation of the principles upon which they are act- 
ing, is voted by them an. honorary member, aacT 

o 4 

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apO THE ^LTXOBKSY (f^K^^Aft'S SPBBCfl ON 

^ftprvirard? s^pt ^9 Paris wi^h th^ f»ppT$i which I grP 
gbout to fead tp you : ^ gre^^ ^e^l of evidenpjt vUl 
he l^jd bgforp you, to pfove that th^ h^d heat up all 
i\\^ coqfitry for ktfers ^nd adfjresses to €iiipres$ th^ 
same principles to Ffancp, pot on accquht of th? 
pausp of {^rance, but pf the cai^se qf England, and 
yyith a vi^w tp introduce the wme pffpct» into £pg* 
land. I shall st^te but twp of these addresses, be- 
cause they seem to contain the effect of alj the rest 
that vye^e ^ctuq^ly sent. 

The London Corresponding Sopipty jgrst c^ ^11 
communicated \o the Constitutional Society, in thf 
month of Qctp.ber l^QS, their iqtpntioi^ qf ^ajdi^ 
ap address to France: th^ Constitutional So^i^ty 
fully apprpye the purpose : thpy. si^e^ ^hp eqd ^ha( it 
giqis a|, an^ they <^termine pot to, conci^r in th$ 
f^tpe fiddr^^s^ \>\\t \o s^nd a si^p^ra^e acjdfi^ss ; aa4 ia 
their paper you n^ay see thq principl§§ of ]}Oib^ to hf 
principles, ^vhiph wpre expressed for the very p^pppf 
pf aiding the 90-ppf ration of the ^opieties ia fiXcUidr 
ing the King from the gpv^rnment of the pountryi 
find of raising a republic. This is t^e l^t^r: 

^^ y^rpnchmgn^ while foreign yobbprs arp i;av^ing 
^^ your territorieis ynder the ^piecipus pretext q^ just 
f' tice, crftelty an4 degolatipn leacjing m their van, 
?^ perfidy ^nci treachery bringing up th^ rew, yet 
♦^ mercy and friendship impudently held forth to tbA 
^^ wprld as the solq motive of their incursion^ j the 
*'- oppressed part of mankind" — ^hat i§, Greajt Britain 
r-'* forgetting for a while thpir ftwq sq^riogs^^ &el 



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/f i^ji; fqr Y'Qurs, 9p4 with an anxious eye watch the 

f' ^ven|b, fervently snpplic^ting the Almighty Ruler 

^^ of th? Upj.vc*r^e to be favourable to your caus^^ so 

<f intMHW^y Wepd^ with their o^yp" — that cause 

3irhiph upQn the l(ith pf August had excluded the 

Kingffom the gpverqn)ent of the country-r-" frown* 

^f ed apoft by an qppressive system of control^ whose 

*^ gr^du^l hut continued encroachments havp deprived 

*^ this naitiOn of nearly all it^ boasted liberty, und 

^^ br^Mght u$ ^Itudst to that abject state of slayeiy^ 

f ^ (fi^ «¥hich yoii have so emerged ; ^ve thousand 

f^ Bntish (sitii^ps iudigoant pn^nfully Btiip forth to 

.^* rmpwe their ,cQrtntry frpm the opprobrium brougbA 

}^ upon it by the supine conduct qf those in power; 

.f ^ they cQUoeivft it to be the duty of Britons to coun* 

f^ tenance and assist, to the utmost of their power, 

^f the chamj^ons of human happiness, and to aweait 

/(^ to a oatioD, piooee^ing on the pkn yoa hai% 

i^ adopted, an inviolably friendship. Saeied from 

$( tbi^ day be that frid:)dship b/stween us, and may 

^^ vengeance, to the utmost, overtake the man tyho 

^^ hereafter shall attempt to cause a rupture ! . - 

. t^ Though w^ appear so few at present, be aseuoed, 

V I'renchmea, that our number increases daily : it is 

^ true, that the stern, uplifted arm of authority itt 

ff present keeps back the timid; that busily circulated 

^ ioopostures hourly mislead the predulous ; and thiat 

fS court intiEDacy with avowed French traitors has 

ii soma, effect on the unwary and on the ambitious ; 

if byt with cf rtfunty we cam infqim you^ friends and 



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^20^ THE ATTOBlNTEY OENBRAL*S SPBBeH OK 

'^'frcemdn, that information makes a rapid progress 

*^ among us ; curiosity has taken possession of tb^ 

^' public mind ; the conjoint reign of igoonmoe and 

^ d(?spotism passes away ; men now ask eaeh other, 

" What is freedom ? what are our rights ? French- 

"^Tnen, you are already free, and Britons ere pre- 

*^ paring to become so ; casting far from us the cri- 

'" minal prejudices artfully inculcated by evil-minded 

*' men and wily courtiers; we, instead <>f' natural 

."enemies, at length discover in Frenchmen our 

** feltow-citizens of the world, and pur brethren by 

•*^ the same heavenly Father, who created us for the 

:^* purpose of loving and mutually assisting each otfier, 

," but not to hate, and to be ever ready to cut each 

'^ other's throats at the command of we&k and am- 

," bitious Kings, and corrupt Ministers; seeking our 

^^ real enemies, we find them in our bosoms, we feel 

••* ourselves inwardly torn by and ever (iic victim of a 

^' restless and all- consuming aristocracy, hitherto th6 

** baiie of every nation under the sun : wisely bav6 

** yoo acted in expelling it from France. 

*' Warm as our wishes are for your success, eagel* 
/'as we are to behold freedom triumrphant, and man 
*' every where restored to the enjoyment of his just 
^* rights, a sense of our duty, as ordeiiy citizens, 
'^ forbids our flying in arms to your assistatioe : oui* 
** Government has pledged the national faith to remain 
^* nentral in a struggle of liberty against despotism. 
" Britons remain neutral! — O shame ! but we have 
*^ trusted our King with diiKjretioiiary powers; we 



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•THE tBIAL OP 1*H0MAS HAEDT. 2^ 

**. thei^ore mufet obey : our hands are bounds but 
'* our hearts are free, and they are with you, 

** Let German despots act as they please, we shall 
*^ rejoice at their fall ; compassionating however their 
•^ enslaved subjects, we hope this tyranny of their 
*^ masters will prove the means of reinstating in th» 
*^ full enjoyment of their rights and liberties miliions ' 
*^ of our fellow-creatures, 

** With uttcdncem tiicrefore we view the Elector 
^* of Hanover*' — that is, the King of Great Britain — 
** join his troops to traitors ahd robbers ; but the 
*^ King of Great Britain will do well* to renleinber, 
*^ thiat this cbontry is not Hanover. Should he for- 
*f get this dfsUriction, we will hot. 

** While you enjoy the envied glory of being the 
^ unaided defenders of freedon*, we fcnidly anticipate 
^ in idea the numerous blessings mankind will enjoy ; 
^^iif ypu succeed, as we ardently wish, the triple 
^^ alliance («rot of ierotom, but) of the people of Ame^ 
^ fica, France, eiXid Britain^ will give freedom ta 
'^Europe, and peace to the whole woHd. Dear. 
** friends, you combat for the advantage of the 
^^ human race ; how well purchased will be, though 
^^ at the expense of much blbod, the glorious un-* 
^* priecedentedjprivil^e of saying, — Mankind is free: 
^^ tyrants and tyranny are no t2K>re : peace reigns on 
*' the earth, And this is the work of Frenchmen,'* 

Gentlemen, this address, which was sent by that 
Society, was followed by another from the Society 
for Constitutional Information, upon the 9th of No* 



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2p4 THB 4r7T9a9Sv f(M9KA^'a^fr£P99 ok 

Tf^q^ 1702^ w))^ pe€fil^ likemae |q st^te Uii^ 
principks. 

^*, Wft r^jwi? k^( jour ipvfllutiqii h^ ^rrified at 
*< A^ pflint flf perfqcjfiqn wfeioh will permit ua to 
M #li^ yoif fey Ibifi titjp" — S?rv$«tik of a sOverf^n 
people^ that is not the charapter of 4 JB^HUh govern- 
iB^fit } th^J^ tb# principle pf the Southwtipk resoiu- 
Iko^frr^^^ it ^^ ^IvB qnl^ qno which <»n ac56ord witb the 
*^ fhv^er of tFiaq legisjatpre. Every sudcessive 
*' ep«rt» i» jgm S^iM hw a(W«l wnw^hing to the 
** iriupuplW of liberty^, »nd th^ ghripw mH^xy qf the 
** IWA qfjtigust bjw fiftpUy ^^p^fid thd way for it 
*^ ^tUtilytioDj, which^i w^ tru^t, y^t^ Witt establish on 
^^ Itif bfm& of t^fyw w4 mtare.^\ Mir. Barbw had 
ip^i^ ^4 (91)4 Ahd^ hftd made him an honorary 
i^j^VeFj^^n^ b«d tiMSmitted the^ oddMsa hy his 
h««4s)^ th»t 1^0 ^pn^i^iition could k^fonn ufMui the 
lM^i«i^re4$Qn and oa^uire^ that: bft a Kii^ in tfie 
gQ¥€rnnv^nt» boweveDthe gcnsepntoe^t wias pqdified; ' 
^ Thpy pr^)P^d thu^ it) their addreea— if ^ CciBBiilerin^ 
*^ ilm^si^ cil[^]mm, a^fumulated 90 tmnkind tor 
'5 ftbsMHft th^ip wdk(«tahd)Dga» ymi-ramfife he asto* 
V 9$lhdd .^yt tbe oppositioB^ ths^l you Imye.met hoth 
Vt frfMBi ^raols ^nd fixMn^^ves ;. feheiitisfcnjnient qded 
*' ag^Umfc ym^ hy o^cb of these olassea is tbe same*; 
V' Hir^^ ijn. t^ g^eftlogy of btuDan Biiseries^ ignocance 
'*'* ^ 9i Pi3^ the parent of oppression: and the ehtlid of 



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THS TBIAL OP THOMAS HAfi(DT. SOS 

** The events of every day are pinvitag, that yduf 
*^ cause is cherished by the people iti all your oonti- 
^^ ifiental viciAity ; that a iDs^rity of ^ch of thdse 
*« natioiis are your real friends^ whose gbvernm^tif 
^^ have tutored them into apparent foes ; and that 
•' they only wait to be delivered by your ariftd fttfnfif 
<^ th(^ dreadful ti€fc^ssity of figbtitig against them; 

^^ The eondHion of Englishmen is tes^ to be dle- 
^^ pbred i We the hand of oppression has not yet 
^* ventai*ed completely to ravish the pen from us^ nor 
" 6pfenly to fjoiut the sWord at ydta^ 

They then go on to say : — " Frdih bosoms burh- 
*^ ing with ardour in your cause^ We tender yHo, odf 
^^ warmest wishes for the full extent of its progress 
•* and 4uc)efefe j it is indeed a saet^dcanse ; we eterhhL 
** it ^ th6 ]dedge of your happinesfe, our nal'm^l andf 
^. nearest friehds, and we rely upon it as the bond of 
<^ fi^t^rhtd ufiioti t^ the human r^Uie, in which oftioAf 
" out* xjt*w natton will surely be one of the flHf to 
^r cdn)guf^4 

« Out government has still the po^er and pte^h«^s^ 
^' the melinatibilf to employ hirelings to cfohfradfefe 
^ n4 J kit it is otif real opirnoit, that *e now ^eitK* 
'^ tfae dett«infettCs6f agreat majority of the English' 
^* natilon. The people here are wearied wrth impos-' 
" ture, and worn otit with wai^ ; they have learned- to* 
*^ rtfltitt flJSt b6th the otit artd the other are ihi off- 
^ SpfiiHgdriu^nattiral eonibinatirtisin socSetjf, as^'ite-' 
** lati^fe fe Systems of gover'ninent, riot- the re«Slt-of 



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206 THB ATTORNEY GKNBRAL'S WRECK OS 

^^ the natural temper of nations as relative to each 
'^ others happiness. 

'^ Go on, legislators^ in the work of human hap- 
'^ piness ; the benefit Will in part be ours^ but the 
*^ glory shall be all your own ; it is the reward c4 
V. your perseverance, it is the prize of virtue, the 
'^ sparks of liberty preserved in England for ages, 
" like the coruscations of the Northern Aurora, 
^^ serving but to show the darkness in the rest of 
** Europe, The lustre of the American republic, 
'^ like an effulgent morn, arose with increasing vi- 
*^ gour, but still too distant to enlighten our hemi- 
" sphere, till the splendour of the French revolution 
V burst forth upon the nations in the full fervour of 
'^ a meridian sun, and displayed" — ^attend to the 
words — ^^ in the midst of the European world the 
*' practical result of principles, which phi1os(^hy 
^' had sought in the shade of speculation, and which' 
" experience must every where confirm," — the priji- 
ciples of Mr. Paine, who went over to forpi one in- 
that Conventioiv, the existence of which shows the 
practical result of those principles, which philosophy- 
had sought, and which experience was to confirm— 
'^ it dispels thexlouds of prejudice from all pec^le,- 
^^ reveals the secrets of all despotism, and creates a 
^' new character in man, 

*^ In this career of improvement your example will 
'^ be soon followed ; for nations, rising from their 
^^ lethargy, will reclaim the rights of man with^ a» 
'* voice which man cannot resist/' 



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^ . THE TBIAL OF TH0MA5 HA&DT. 207 

GenUemen^ it will not be tnatter of surprise to* 
you, that letters, such as these to the National Con- 
veptiou in France, should have produced opinions in 
that country respecting the attadiment of individuals 
in this to their government. It is not therefpre very 
extraordinary, that, upon the IQth of November 
^79"^, that famous decree passed of fraternization 
with all subjects in all countries, who chose to resist 
the governments under which they live : but I think 
you will be surprised that any men could receive in 
(his country, and read with approbation, and enter 
upon their proceedings the answers, which these ad- 
dresses brought from France^ and which were read 
in the presence of the Prisoner at the bar, without 
being astonished that they did not at least take some 
means to reject from them the imputation that they 
meant, in their own country, all that these answers 
suppose they mean, and all that these answers pro- 
mise to assist them in accomplishing. 
. You will find, upon the 34th of December 1792y 
that a letter from the Society of the Friends of 
Liberty and Equality, sitting at Laon, the head of 
the department of the Aisue, to the patriotic society 
of London, called the Society for Constitutional In-, 
formation, is read, and referred to their Committee 
of Correspondence : it is in these words: — '^ The 
^^ Society of the Friends of Liberty and Equality 
*^ sitting at Laon, the head of the department of the 
" Aisne, to the Patriotic Society of London, called, 
" the Society for Constitutional Information .-^Ge- 
*^ nerous republicans, the philanthropic gift that yo 



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Sit^ ' THE kirdniikr eiNiHAL's ^^£ic& ok 

'^ hiU prfesettetf Id the warFior^ o^ Praflce''— they 
fadd «ettt s6m6 shoteJj, and ^6re at thnt time thinking 
ctf giving them ioihiS irfhs-i^** gthhoiinces rtrith efiergy 
*• the great ihtferest that yod take in th6 sacred cause 
•• which they afe defchding. Accept <he thdnks 6f 
•^ a Society, (hiit d6es hohotr^ to itsdlf in ^st6eming 
*^ yetii Tfee time perhaps i* ri6t far distant, ^heVi 
«^ th^ Soldiers of oiir liberty shall bfe abte to testify' 
•* their grdtittrde to you : th^n their strms, their 
•*. Mood itself, shall be at the str^ice of jtll ybuf /e!-* 
^ low-cittzens, who, like you, acknovirledge no fights 
** but the rights of man ; then Ffanc6 arhd firi^and 
^ shfal! forni together a treaty 6f uAion d$ ksfihg a$ 
** Ifhe cburse of the Seine and <W6 Thame^; then 
*^ there, as here, there shall eHisi rid othfef r€ign feut 
•^ ihat of liberty, equality, and frrendshtp. May thi* 
*< day of felicity and glory sdon shrihd trp6t\ ttie libri- 
** ajon of two nations formed to admtf^ eich othl^r t^ 
Gentlemen, they then enter upon ^h6 mtn'trtes of 
the Society another Ifetter, frotn ariothei* fra^ferHfehig 
stefciety,-^whether one of thos6 ^ocieti^s t^fcibW tii^jf 
^ak of in the beginning of 1702, as* anllf^titfg ^6^ 
cSetiels in France, or riot, I do ridt kn6W;^^i*h'6th6i' 
they had been atssiiting to redtic6 tlif^ir pi-irifclpt^s ihto' 
practice I do not kriow ; but it is cteai* that the afft- 
liatitig society in France offeree^ thettt theii^ aisisisfafjce' 
for that purpose. Accordingly, you will find that 
flie Society p£ the Friends of Liberty ahd Equality, 
Established at Micon, write to the doWstitut'ional 
So6?eTy at Ltmdorf, a:dv^rtmg io wh^t ihty had ^id* 



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'. K 7 ;S9B« TilXAL OF TJI0MA8 HAEDT. 209 

SB theif addre$8 to.th« nation about tbe glorious vie- 

tory of the lOth August 1792, the circumstances of 

w^ictl shallbe described to you in evidence^ because 

ypq will find that so^ie of the persons who are 

l^harged in this Indictment (and whose conduct in 

this Gonsplracyj will, upon tbe clearest principles of 

law, afFect all of them) were then present in Paris. 

They, write thus— " Yes, citizens, our brethren, and 

" friendU, the .1 0th of AugflSt.1792 shall be distin- 

«.-guijb^"t— what, in the annuls of France ?— *• di»- 

^' tiqgnished in the ^nnals of the worlds as the day 

*f of thie triumph of liberty. Our .first revolution** 

-^Mr.* Jpel Barlow or M^. Paine, oqe should have 

thought, had wrote it)^—.'^ our; first revolution did 

y hat;shpw to us the salutary principles of the im« 

*' pre^cf iptible rights of man : all^ except the ^tb- 

^' lesj^ and the enemies of humanity, adopted them 

-''with enthusiasm.; It was then th^twer^ formed 

*^ ourfselves into a Sodety, in wder the better to 

'^ jfppress them upon purselves, apd; afterwards to 

;f' tea^ th^tn to our fpllpw-citizens. 

'' Our first constitution bad consecrated thea>, 

'^fj^ufc. had not always, taken them for its base: the 

'^ d.(Hniniqn of the passions, the* force of h^bit, the 

*' impres^mi of prejudices, and the power of the ia- 

^^ trigties employed in our Constituent Assembly, 

,^' fp0|id the pecr^ to preserve sufficient authority to 

•f^ our^^yrants,. jto eiLtinguish at some time the sacred 

<' rights of*. i»»ture^ und to re*estabfish despotism on 

":i)t^thr<Mie»firaij« 

VOU III. P 

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aie THE ATTOkrar OSKBRAt** ^VUBtUL OK 

^' But royatej, thus preserved^ was not- iDoiitoit 
*^ with the victory secaited to it by » seb o6 mcB^ the 
" greatest port df whom it had comlpted% It waft 
^^ impatient to reap the fruits Aat it appeal^ to 
<^ promise itself; but its too great eagerness hoa 
' ^^ hastened, its ruin^ and secured the ttiumph of 
•'* reason. 

- ^* TheFrendb^ proud of their own existence^ soon 
^^ perceived Che fruit of tiieir first l^isfaitttre) be- 
'^ eame sensible of the imperftctkms of their fii^ 
*'^ laws, saw that they made a surrender df the rightis 
^' of liberty and equality^ which they had^embraoed ; 
*^ they roused diemsdires anew to deihand^t length 
^^ laws impartial and humane^ 

^^ From thence th£ necessary day of the 10th tff 
^^ ikigust'JTd^^ from thence a second revoluticm, 
^^' but a revolution which is only the completioii ctf 
^ the first, which baa recdved our vowa and cur 
'^^ oaths, and' vrhicb- we ynU bless for evter, if it lea^ 
^ us, as we hope it will, to' the happinettcrf'thii 
^^ nation, to the constant maintenance of liber^an^ 
" equality. 

^^ Let intriguers, fobls, and. tyrantsy caliimnlate 
'^v^; we despise them too modi ta condeMend lib 
^ answer them, and sedc for their esteem« 

^< That which flatters us it the inteittt 4imkf^ 
" take in our labours: ytmr att^tion-hat contributed 
'^ to the success of our arms;*' We^ desire yoilr 

esteem, we are proud 6f your approbMion. 

^^ We snule at the expression of ^^ •entimants 



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>a 



TBB TMlAt OP THOMAS HARDY. 211 

^'^ tibdt you manifested to our representatives. We 
*' behold a nation of brethren rouse itself to support 
*' the cause of humanity ; we behold the brave Eng- 
** lish adopt our principles, become our friends : we 
*^ say to each other with pleasure. Soon will they be- 
*^ come our allies; and, uniting our efforts, we shalf 
*^go on to deliver the universe from the yoke of 
^^ tyrants, to restore the nations to reason and na- 
^' ture. That day is not far distant, if we may rely 
*^ oh our own courage,^ and the hope of your alliance. 
*' In the mefan time, receive our thanks, and corre- 
** spond \^ith brethren who set a high value on your 
'^esteem.** 

Gentlemen, on the 17th of December 1792, the 
Pbpiitar and Republican Society of another depart- 
inent at the Mouth of the Rhone, wrote them this 
tetter: **The Popular and Republican Society of 
" Apt, department of the Mouths of the Rhone, to 
*' the Popular Society sitting at London. Live free or 
"die. Citizens, brethren, and friends, when two 
"great nations, acquainted * with thdr rights, ap- 
"proximated by their commercial connexions and 
" their national situation, formed to live and to abt 
" in concert with each other, begin to form the glo- 
" rious project of uniting themselves for the regene- 
^' ration of the human race, one may then say with 
" reason that Kings are ripe and ready to fell. How 
" gloripus it will be for France and England to have 
^' formed alone a cbnfederacy destructive olf tyrants, 
•^ and to have purchased at the' pric^ of their blobd 

p 3 

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312 THB ATTOBKEY GENBRAL*8 SPEBCM OIT 

"the liberty of Europe; we may say more, oC, 
**the whole universe! Courage, brethren and, 
^f friends! It is for you to folbw in the glorious and . 
*' hazardous career of the revolution of the world i 
•^ can you any longer groan under the yoke of a go- 
*' vemment that has nothing of liberty but the name ? 
" for, although your land was inhabited before ours 
" by freemen, can you, without delusion, consider 
"your government as such? Will you content 
*« yourselves with a partial freedom ? Will the Eng- 
" lish be satisfied with principles? Will that bold 
^' nation, that has produced philosophers the most 
" profound, and that first of all perceived the spark-* . 
" ling rays of freedom, remain a spectatrtx in so 
" noble a cause ? No, brethren and friends, no ; 
" you will soon lift yourselves up against thatperfi-. 
*' dious Court of St. James'a, . whose infernal policy, 
*' like that which found its doom in the Thuilleries, , 
" has made so many victims in our two nations, and 
" does disunite them perpetually to rule over th^n. 
" Your love for liberty has fixed your attention upon. 
:* the wants of our defenders ; your generosity to- , 
'' wards them has a title to the acknowledgment of. 
" the republic : we are impatient to furnish you the. 
^\ same advantages : the Popular Societies of France . 
^^ desire ardently the epoch that shall permit them to 
^ address their voice to the National Assembly of, 
*^ Great Britain, and to offer to the soldiers of liberty 
f ^ of your nation, arms, bayonets, and pikes.'' 
This 18 the private correspondence between the so« 



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TttW TRIAL OF THOMAS HAkOT. 2 13 

cieties atid the Society for Constitutional Informa- 
tion ; but some of the persons named in this Indict- 
ment were present at the scenes I am now going to 
state^ at the bar of the National Convention in 
Francci ; others of them delivering these sentiments 
by their ajmbassador Mr. Barlow, whose principles 
you have seen^ and Mr. Frost, of whom I must state 
it, because I shall prove it, that he has been oon- 
vidted in this country of coming from that country 
with th^ doctrine of No King : they ofier these ad- 
dresses to the National Convention of Prance in 
term^, the substance of which I will state to you, as 
far as r Udderstand it to be, and I believe it is, an ac- 
curate tValislation. ' 

^' Mf. Barlow and Mr. Frost, English citizens, 
^^ being admitted to the bar, one of them pronounced 
^^ the following addres8;"-^-ii<jentletnen, the actual 
feet of hh pronouncing it will be given* in evidence : 
the date iS the 28th of November 1792, liine days 
after the decree of the National Convention, which 
had promised fraternal assistance to the subjects of 
any country, that found themselves bppi^essed by any 
^f their casts and privileged orders. 

^* Citizens of France, 'we are deputed from the 
*' Society for Constitutional Information in Lon- 
" don, to present to you then* congratulations on the 
'* triiimphB of liberty; ' This Sodety had laboured 
** I6ng in the cause with little prospect t)f success 
** previous to the cothmenceYnent of your revolution ; 
^* conceive then their e^ultatiohiand gratitude when^ 

P 3 

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^14 THE. AZTQJUIBT 0BW»AilU*8 HPXKDH OIT 

^^ by the astonishing efforts oiyon pt^doa, ikftf lip- 
^^ held the re^ of reason aoqiiiriiig an extension 
^^ and sdi4ity which promised to reward the labour 
<^ of all gopd)menj by securing the happiness of thieir 

, ^^ fellow-creatures* Inni^merable societies of a simi- 
^' lar. nature are now forming, in every par( of £ng-* 

;. ^' laiKl, Scqtland^ and Irelandi they excite a Spirit of 

. ^' universal inquiry into thepon^plie^tedabi^ses of go- 
'^ verqmenjt, and the simple means of a refor^m* Aftpr 

_^' the example which. France has given^ the science pf 
f ^ reyolt:^iaii5 f^iU he rendered jeasy, and tbe progress 

. ^^ of reasoQ will be ^pid. U would not be strange jf, 
V in a period far ^ort of what we should venture to 
^' predict, addresses of felicitation should cross the 
^^ seas to n National Gpmmntiofi in England. Wf^are 

1 ^^ also comipissipaed to inform the Cmventionj th^ 
^' the Sbciety which we represent has sent to the 

. '* soldiersx)f liberty a pa)(ri9tic donation pf a thousand 

; ^^pair f>f shots,. whidi are by this tioiii^ arrived 9t 
^^ Calais; aqid Vtifi Societjr firill continue seeding a 

^ '/ tI:^6M$and pa^a week for at least sii^ weeks to com^; 
'^ we only wish to l^now to whose care th^ ought to 

♦' be addressed;* 

■ . » •• > 

Why, '(kotlenuKi;^ «m I to be told then^ that, in 
the month W Noymibq: 1792, those who^ in Afh 
gust ijgi, liad sKid they could, aj^y with no efl%pt 
to Parliament^ had no idea of such a National Cqo« 
vention in England, as (hat National Convention in 
France which thfiy< were.ad4re8sing» and from which 
they were fofpecting ta i^eceive laAirfS^l A^n I to 



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^, . .THB TBiAL OF THOMAS HJlBDT. SIS 

Be told that they had no idea of such a conTentio% 
as should overturn the constitution of this country? 
It is impos3ible to put such a cqnstructioD upon audi 
proceedings* 

Geptlemen^ you will likewise find that the Presi- 
dent of the Convention thought it necessary to give 
aii answer to this address. I will state the substance 
iof it : it will be read in evidence ; therefiure I shall 
not take up time in lookmg for it. The President^ 
considering them as generous reftahticans (and well 
he pight after what had passed), ^ makes an addre^i 
jto^jthem^ expressing, much the sami^ JMsntimenta ajs 
.tbpse in which the;^ had addressed him^i and then he 
.cpncbide^ by sayiog-r*^^ Witb^uf doubfc the time ap» 
/^ poaphefr when we. shall soon siend congratulations 
.^^ tp.^Ae Rational CoTwmtim of England."^ 

Gentlemen^ you will likewise find that the Londop 

.pprf;ef^nding Scdety, and the Coastitutiooal So* 

cie^y,^qdeavoured.to esdte persons in all ptrts of this 

'i^ii^oQt to^sendtthese^addresseij that, in point of 

frot^ t^^rof are various, other addresses sent, of simi* 

lar<ii9pcrt> at the .iosUgaticm of these societies, and 

ttie intent of them, I think, cannot pqpsibly be mis- 

^umlerstoQd ; but take .the intaat of t|iem to be what 

jou will, let my Le^amed Friend tdl ypi^, as he will, 

, that there i^s yet was no war between Great Britaki 

and France, you will allow me to say that there is 

. evidence ;of a distinct intent that theie should bd«a 

National Convention in England, and that d)e French 

soldiers of liberty should, assist^bat they would call 

F 4 

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il6 TRil ATT0SKE7 GEKSBAL^S SBBEeR Q« 

•ihe soldiers of our liberty, whether there should be a 
Wr between Great Britain and France, or not ; and 
you will allow ii^e to say, that, in that very month 
of November 1792, a passage occurs, in which 
France does in effect declare war against all nations 
that did not adopt her principles, and allow the people 
to put them into execution. 

' In a conspiracy, as widdy ettended as this is, 1 
shall undoubtedly Insist, before you and the Court, 
'that theacis of individuals, and particularly the acfe 
of persons $ent to present addresses to a foreign 
country, that what they do in r^rence to these act^^ 
is evidence against all of them ; and likewise Usat 
letters, which the persons write relative to the sanTo 
addresses, are evidence aeatnst each of them, whe- 
ther written by the particular individual or no, as 
being in the prosecution of the same purpose.'* tTpoa 
the 20th of September 1792, Mr. Frost, who Was 
then at Fliris, states his notions in a letter tolM?. 
*Tooke, of the real effect of this trannc^ion of 
the ioth* of August 1792, about which tthie'Mif. 
^F^ine made his frrst appearance m the National Con- 
vention — ** Wittioiit the affktr of the 10th of AugusI, 
*^ liberty was over— We dine to-day with Petton-i- 
'5' Paine has entered his name qn the roH of Parlii- 
''^'rneht> artd went* through the forms of office with 
* '^ a great deal of noncihalance-— We are well lodged,^ 
•**and beside our bed-rooms, have ah entertaimn|f 
'*' room for members to be shown into, and severai 
^/ have called upon us this morning.'* 



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rnn trial 0f titomas harbt. 217 

Then you will find, that there being a project to 
send shoes to the soldiers of France, and arms and 
muskets, with respect to which project the Prisoner 
was a contributor — for the purpose of having this 
present from England to France properly distributed, 
in France, the following letter is written to the mayor 
of Paris: 

*^ Sir, you are in no want of friends in England, 

*^ who ardently wish to be useful to French liberty; 

"** but we wish to know some one of your friends 

** who resides inliondon, in whom you have an len* 

*^ tire confidence, and to whom we may give our 

*^ money, in the assurance! that it will be remitted 

" to you without delay and without fraud. Mr. 

^* Frost, to whom I intrust this letter, is going to 

" set out immediately with Mr. Paine for Paris, and 

^* allows me no time for ceremony, if it were neces- 

'^^ sary. I request you to send me the name oif some 

** Frenchman in London, merchant, or other, for 

'* the purpose above mentioned. We can now begin 

*** the puWic contribution towards our patriotic gift 

" with a thousand pounds sterling, and I have no 

• ** doubt but it will amount in time to several thou* 

*^ sands ; if you consider this step in the same pdHt 

*' of view that we do, you will see in it much use tt> 

'^* tJie common cause in England and France. I en- 

"" treat you to give me your sentiments upon the 

*^ subject, and to point out to me the means by 

" *' which I may be useful to you." 

"This is answered, upon the.]st of October, by 
Fetion^ thus — ^^ Yqu cannot. Sir, doubt of my 

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f 18 TRX ATTOSVXr «JUmAL*8 UE8CH OS 

,^^ eagerness to second- views so uae&dj^, which wHl for 
f* ever merit our giaU^ude^ will met the links of 
.^^ fraternity between us, and must produce the 
^ greatest advantages to En^laiid ani France. I 
f^ shall have the honour^ Sir^ of sending you, with- 
f* out delay^ the name of the person in whose hancb 
'* you may place the funds which you destine to ihp 
^ support of a cacfse^which, in.trutby is that of aH 
;*^ people who cherish liberty .•* 
i, Qendemen, it may be in th^ recollection of pes* 
Jbaps fnpst who now bear me, that f ircumatanq^ of 
^this 6ort, which were supposed to be in existence, 
|but which, in fact, were not capable *of Joeing proved 
.tojbe }n existence, h^ excited in. this country con- 
(fiiderabte alarm in th^ minds of muy persons who 
jitve in it.-7-This alarm,'it seems to have been thought 
jaecessary, both in the Constitutional Sodety, and 
^sUm in the London Corresponding Sp^ety, in some 
•^degree to lay asleep, as far as it ai&cted them ; th^ 
fthoQght it necessary^ therefore, to give some deda- 
rration, as they call it, of their principles, anii I wjtt ^ 
estate to you shortly what that was->--but the ^p)ana« 
4loni which tbe London Corresponding Society gave, 
jM^ thought so little safe, though it was given for the 
(purpose of laying asleep alarms, that it will be distinctly 
^proved to you— that being written, as I am instructed 
rid state to you (and I do it because I ai]nJnstructed| and 
*,it is my duty), being written by Mr. Vaughan, it was 
agreed to be stock up round the town at midnig^t«-i- 
vlhat accordingly a* person of the name of. Carter, a 

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. TBB TOIAL OF. THOMAS JtAfiDYn ^21© 

bilUsticker^t was emplpy^ for that purpose ;r-that 
some mistake happened between him and his em-- 
ployersjT-that having made that mistake, he was not 
thought a proper person to be employed in consider- 
able business in the Society afterwards ; this persQa 
was taken up in the act of sticking the bills round 
this town, which contains this address — he. was pr9- 
secuted — he was convicted — ^aiid lay six months in, a 
gaol in cQiisequence of that conviction.; and this was 
the {at^ that attended the issuing into the world an 
address, which was to appear not originally by day* 
hght, but by midnight. . , 

With reqpect . to the addi:e?5 pf the Constitutional 
Society, I think I shall not b^ thought to make ^n 
unfair observatjoa, upon it when I say this — ^that if I 
had not read to j^ott what I have already read, you 
would have found it impossible to sajr what it was^ 
upon reading that paper, diat they meant to say, 
: who published it ; but after what I have read to you, 
I think you oan have no difficulty to determine th^t 
th.e paper they published, and the,paper of the Cor^' 
responding Society, were by ho means such as were 
. calculated in any manner to disavow those principles, 
which I, think I have sho\yn you satisfactorily, from 
March 17 92, were the principles they acted upon 
and adopted. 

Gentlemen, the address of the London Corre- , 
spending Society is in these words :—" Friends and 
, " fellows-countrymen, unless we are greatly deceived, 
^^ the time b approaching when the object for whiqh 



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120 tSTB ATTORNEY GfiN£BAL*8 SPKftCH OV 

*• wc Struggle is fikfely to come within our reach. 

•* That a nation, like Britons, should he free, it is re- 

** quisite only that Britons should will it, to become 

« so** — that is a passage borrowed from Mr. Pbine— 

•* that such should be their will— the abuses of oar 

^^ oHgtnal constitution, ahd the alarms of our aristo-^ 

** cratic enemies, suffifciently witness : confident in 

^ the purity of our motives, and in the justice of our 

* <« cause, let us meet falsehood with proofs, and hy- 
*• pocrisy with plainness ; let us persevere in declar- 
*^ ing our principles, and misrepresedtation will meet 
•• its due reward—contempt; 

*^ In this view the artifices of a, late arisfociatic 
" association, forme(l;on the 26thinstdnt, call for a 
" few remarks on account ' of <h* declarations they 
*^ have published, rel^thre to other dbbslsnd^ocieties 
*^ formed in this nation. It is true thktKis meeting 

* *^ of gentlemen (for so they aityle themselves) have 

* " mentioned no names^ instanced no facts, quoted 
«^ no authorIties*'~it was a little dlfficblt to do it, 

' unless they had the means of seeihg all the corre- 
spondences at home and abroad — ** but they take 
•* upon themselves to assert that bodies of their 
" countrymen have been associated; professing 0|M* 

**^ nibns favourable to the rights of man, to liberty 
" and equality'* — mark these expressions — ^^ and 
*^ moreover that thebe opinions are conveyed in the 
" terms, no King^ no Parliament.^''' 

Gentlemen, what 1 have been endeavouring io 
state to you is this, that it is necessarily to be in- 



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. THB TOIAXi OP THOMAS HABDT. 221 

ferred from their principles that they did mean to . 
assert, when they were rjpe for it, no .Kingj no 
Parliament : it is not my imputation — I do not know 
whose it was^ to which this alludes, that they did 
express their opinion in the language,' no King^ no 
Parliament \ but I say that they expressed their opi- ^ 
nions in language, which, when accurately looked at, 
as forcibly import the ideas, as if they had used the 
words no King^ no Parliament--^" if this be intended 
'* to include the societies to which we respectively be* 
**, loogf we here, in the most solemn manner, deny the 
" latter part of the charge**— What is the latter part 
of the charge ? that they do not mean to have a King 
or Parliament ? No— but that the opinions are con- 
veyed in the ttrms, no King^ no Parliament — " Who- 
" ever shall attribute to us the expressions of no 
" King, no Parliament, or any design of invading 
*^ the property of other men, is guilty of a wilful, an 
" impudent, and a malicious falsehood** — and then 
this paper stating a great deal more, which, injustice 
to the paper itself, 6hall be read to you, concludes 
thus — " Let us wait and watch the ensuing session 
" of Parliament, from whom we have much to hope 
" and little to fear, llie House of Commons may 
^* have been the source of our calamity, it may prove 
" that of our deliverance ; shpald it not, we trust 
*^ we shall not prove unworthy of our forefathers, ^ 
'^ whose exertions in the cause of mankind so well 
*' deserve our imitation.'* 
Now, Gentlemen, I ask/ after concluding this 

3 

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HfH the' attorkby obitb&al's smcir oir 

letter^ what tha ineatis-^^^ if Parliament should not 
•^ do it'*— If we are ready to admit that Parliameiit is 
formed upon principles that make it competent to do 
the things if it please to doit, it b all wcill ; but if it 
won't— then we will not prove unworthy of our fore&» . 
thers^ whose exertions in the cause of mankind so weS 
deserve our imitation— end referring^ you hack to the 
correspondence between the Norwich and the Lon« 
don Corresponding Society^ to the declaration of the 
6thof August 17Q2, which said they had nothing to 
look for from Parliament— to the correspondence 
with the National Q>nvention of France — ^to the 
conduct^ which^ in the presence of their delegates^ 
was permitted-~and never repudiated by any act of 
the London Q}rresponding Society ; and referring 
you^ moreover^ to the subsequent evidence^ which 
I have to offer to you ; I think you wiirfind that the 
sentiment^ which is expressed by the author of this 
paper^ upon the IQth of November 179^j was a 
sentiment which^ if followed up by tho^e who con- 
tinue to hold it^ meant that^ if Parliament did not 
give them redress, they would have it by their own 
force. 

With respect to the Constitutional Society,' all it 
thinks proper to say upon the subject is this: — 
•^ That the object of this Society, from its first in- 
^^ stitution to the present moment of alarm^ has 
" Uniformly been to prompte the welfare of the 
people*'— I b^ your attention to these words- 
has uniformly been to promote the welfare of the 



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€€ 



rOL TRIAL OF THOMAS HARDT. ^iHh 

^ peof4e by all constitutionad ineaiiSi*'-'-<'Now^ if I 
were to stop here> with a view to show you what you* 
are to understand by the words^-^-^^' all consUtiitiodal 
^ means'* — are the means I have- been^ stating icon- 
Sttttttional m^ans ?. Will it make the means more' 
constitutional than they really are^ because th^' 
choose to call them so ? — *^ And to expose in their 
^^ true light the abuses which have, imperceptibly 
^' crept in^ and at last grown to such a height^ u 
** to raise the most serious apprehensions in ^very^ 
** true friend of the constitution. 

« Resolved, adly— That this Society disclaims dieF 
^^ idea of wishing to effect a change in the present 
^* system of things by violenee and public coihmo-- 
'' tton, but that it trusts to tbe good sense' of the 
** people*' — ^Ydu will find, before Ihavedone^ thatj^^ 
m April 1793, it could not trust to the good senstf 
of the people^-*^^ when they shall be fully enltghteiiticfr 
^^ on the subject to procure, without disturbing the 
^ public tranquillity^ an effectual and permanent re^-** 
** form. 

*^ Resolved, 3dly— That thie intentions of this and 
** similar soeieties haveof late, been grossly, calum- 
"niated by those \;^ho are interested to perpetuated 
•^ abuses^ and their agents, who have been induS'' 
^* trious to represent the members of such societies, 
^ as men of dangerous principles^ wishing to destroy 
** all s6dal order, disturb the state of property, antJ 
** introduce anarchy and confusion insteiid of'regiilaf' 
"government. 



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924 Tl|t ATTO&KBT GBNBBAl's ^PBBCH ON* 

^^ Resolved^ 4thly-^That, in order to coutilerBct 
'^ the opcjratioti of such gross aspersions^ and to pre--/ 
^ vent them from checking the progress of liberal 
^ inquiry, it is at this time peculiarly expedient that^ 
V this and similar societies should publicly assert the 
*^ rectitude of their principles, 

^^ Resolved— That the said resolutions be adopted^ 
*f in order for printing in the newspapers/* 
; Now I desire any person to read that paper through 
a^n, and then^ Gentlemen of the Jury^ if it is re* 
lied upon, be so good as to ask yourselves what » 
the definite meaning in any one passage in it. 

Abput the same time there is an address from the 
'Manchester Society, dated the 14th of December 
1792^ which appears to have been read in the Con- 
stitutional Society, in the presence of the Prisoner^ 
and which address has some very particular cir- 
cumstances about it^ for you will find that there wa& 
a. resolution upon the 14th of December 1792, in 
these words-* '^ Read a printed address from Man- 
" Chester — Resolved, that the said address be ap- 
•^ proved for publishing in the newspapers/' 

It appears by a paper, ivhich I shall produce to 
you, that the words Read a printed address fr^m 
Manchester^ are in the hand- writing of Mr, Tooke ; 
that the address itself is in the hand-writing of Mr. 
Tooke ; whether it was a copy of any address at Man- 
chester X)r not, I do not know : this address appears 
afterwatds to be in print; it is sent for publication; and 
with a view to show to the public wha^ extent \3m 



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. THE tKlAL O^ rnoi/ULS HARBY. 2Cth 

'ifistributioii of libels has arisen to irt the pro^res* of 
d tfea^onable pui^se in London, thid address Was 
ordef-ed to be printed, and that d hundred thou^^nd 
copies of it should be distributed to their tOrre^pohd- 
'ttits in Great flritain and treland.---'rhe ttpijti that 
tiras made upon it t^as, that it had been offered to 
the Morning Chronicle and Morning l^ost, and thst 
the pa|Jc!r itsdf, though drawh by a masterly hafld, 
was sucih, that th^y dtrrst not ventnre 16 print it-^ 
believe it wa6 however printed in London • "Sfoti 
wifl Occasionally see papers printed fn the dduntry, at 
Manchester, if Londbtl will hot do ft; 6r If the kw 
of England has reached as far d^ thfe side bf the 
Tweed, so as to chp6k the publicatioii df a libirf, then 
it h carried over the Tweed, iri order t6 be ptblj^hi^d 
in Scotland, where it might be mor6 Safely ddhe. 

Now in this paper, which b^rs date upon the l4tii 
df December lygfa, and redollecting, as^t hop^you 
wilt da, what 1 have already Stated td you o( the 
pnncipW 6f those wh6 weref condfertied h tMs , 
trattsactidn, as these principfes hdd boen manifested 
hi att the other transactions t have stated to yotf, yoix 
iv3| find there is this passage: he says — **^ To gull 
"^ tfee poor with the irtsdlent falsehood, that the laws 
** are the same for the poor as the rich, or with idle 
^* panegyrics on a rotten cdnstitirtiori,. whifch you 
^ have not examined, and off which you feef not the 
^ benefit*— Ifhe real friends of the pepple fcear* with 
'^ pity and bear with patience the hourly Calumnfeil^ 
^^ to which they ate e^pdsed ; they eiitertaH how- 

TOL. III. a 

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326 THE ATXOBMBT GENfifiAL^i 8PBSai<^Oy 

'^ever, no persooal enmities, no aversion, but to 
** the enemies of the people, and no direspect to the 
^^ constitution, but where it is hostile to the rights 
•^ of the people." 

Now, why it is said to be hostile to the rights of 
,the people, I think, can be pretty well understood, 
after what I have stated to you about these commu* 
nications with France ; but it need not be left there, 
for you will 6nd that this is more distinctly stated 
in the draught of an answer to a letter, which was 
likewise read and entered among the minutes of this 
Society upon the 26th of October 1792: the draught 
of the answer seems to have been prepared oa the 
2d November 1792 ; it was to be sent to the editors 
of the Patriot. The editors of the Patriot were per- 
sons who were living at Sheffield ; and it will appear 
by the papers, the substance of which I have not really 
bodily strength enough to state to you, were affiliated 
at the same time with the London Corresponding 
Society, and also with the G^nstitutional Society, in 
the propagation of their principles, and this in ao 
extent, which no language can do justice to, which 
it is impossible to describe to you without reading a 
particular letter, in which they themselves state thdr 
mode of proceeding, and which ^ for the purpose of 
informing you in this resp^t, shall be presently read 
to you : to on^ of them the following is an answer^ 
and I beg )our attention to it, of the 2d of Novem- 
ber J 792, 

^* We rejoice with you in the increase of the 



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THB TBIAL OP THOMAS HARDT. 217 

^^ members of the societies of freedom ; oar bosoms 
" glow with the sentiments — we are bVothers in af- 
^* feqtton with you, and with the freemen of Stock* 
*' port*" — (who wrote that letter which I before ob- 
served upon, which states that nothing can do but 
a convention, and that their object is a government 
immediately constituted by the people ; that that 
cannot be while the Crown or the Lords, as yoa 
choose to construe the letter, retain their authority) 
— ^They add — ^* Freedom, though an infant, makes 
*^ Herculean efforts" — ^Now they meant nothing in 
the world to the prejudice of the monarchy, they 
meant nothing in the world but a full representation' 
of the people in a Parliament co-existing with King 
and Lords. They add — " The vipers, aristocracy,*' 
that is, persons who have got coats upon their backs 
—^*^ and monarchy" — we have it yet in England, 
Gkitlemen — '^ are panting and writhidg under itsr 
^' grasp : may success, peace, and happiness, attend 
** those efforts r' — ^That letter, so prepared, will be 
produced to you, with the corrections of Mr* Home 
Tooke, in his own hand. 

Gentlemen, I have now gone through, as well as 
I am able, and I hope you will keep in view the case 
I have stated, the principles and practices of these 
societies, with all their aviations. I ought to tnen« 
tioo to you, that you will find in the evidence/ as it 
is luid before you, most uncommon industry in pick* 
ing up fresh connexions* If a paper appeared in th^ 
cotmtiy^ f tatiDg that a society of any sort was formed^ 

• 2 

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238 THIS iiTTQAVCY ^«Ng8AL'$ ff^SCOr ONT 

you wiH find: miifiddiiite kiimtry to consed: them, 
afid 9fiiKftte ihem ^^itb ihe London Cbnnespondaig 
and Con$tjtijittoiial Socieltitts* If these societies poo- 
£edsed--*as, for instanoe^ the Stod^port Societj pso- 
fiwsied-^that they wouid have nolbing but a govem- 
ment constitufaed knmediatiely bj themaelMes, they 
Qontri?e to giv6 an answer sstisfaotory to tbeia* 
If the soeieties professed attaohmeiit to the mo- 
darch, and desired explanation whether they meant 
Mr. Pitt*s pbn, which Mc. Paine ^ghs at— or 
whether they noeautthe Duke^^f |{ichiii(md*s plan — ' 
or whether they n9eant5 as a letter, you will hear by 
and by^ says^ to rip np mor^arehy by the roots^ you 
will find they satisfied tbem all safficiently to enlist 
them all for that purpose^ it^iich from tbeir own 
tTMsaotiosiSy I state to be fieither mom nor hm, 
tjten to dQ, what Mr^ Pajcie 4id w bis bimk, to 
eombitie'the .prineiplos^ which they stated, when i^ 
times were ripe <far it, with the^ {HW)tices which w^re 
Gornespondent with ihose fjrtnaiples ; to apply iJwse 
princifples* which iviefe alike tb6 principles o( (these 
societies and of the French uoftsttinticrti i^f if^^ 
and whi^h Mr^Fsi^e^ J^Cn:Baf^% and thm^kd- 
4«esserG^ to th(Sf Gonfenliiooir reei^viiiig audi anaweri 
6!0ffi the ConveiHiw in 17^# decbured had prddnebd 
a OHisiiitiition in France vp0ii.4die lOlb of iingnsk 
. i7^9 toupply ihem M^r to form >tbat| which in its 
natore is an absurdity^ a roy3l tfeipQcrasy, but th^ 
whioh iip^Ei priiiciple is cQomsteiMit tbmgh <>!> is # 
ivretc^iied bad ^Qmnmrnt^ ^r9pmsmt4tm prnmf 



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fMii#9 torbeexckaoged heore i» Ken of our limtted 
monarchy^ in liev of our goverotnent, under which! 
I itote H/ wUh a defiance to the worM' to tell me that 
I do not state it titwiy, that a people never did enjoy; 
since tiiie provtdeiace of God made ns a people (yotf 
may talk ii>ont theories as you please), that they 
never did ei^oy, for so long a time tc^ether^ such a 
qnantunok of actoal private happiness and private pro^ 
spenty, public happiness and publtc prosperity, nndet^ 
any constitution, as we have enjoyed under the con- 
stitBtion, to the deslructioD or the support of which 
k is for you to judge whether such mean^,' aa I bard 
fceA stating to you, were deigned to be employed. 

The next thing that was to be done, was to go oit 
m strengtbeaEiing themselves by affiliation ; and you 
will find accordingly that they have connexions aC 
Norwich, Sheffield, Leeds, and other places: in-^ 
deed, there was hardly a county, in wJiich th^y had 
not afiHiated societies, and, if you believe them, to 
great numbers. 

The next step they took was, not that they should 
have it accom{itshed-^theiir principles would not let 
them accomplish it-*-but it was for the purpose of at*" 
tadiing more and more affiliated societies, that they 
began now to think, ia the year 1793^ of making ap- 
plications to I^rHament. Gentlem^f), in the course 
of that year 179^, whilst they are to make appltca^ 
tiona to Rvliament, you wiU find that they distinctly 
djacasa the utility of doing so. The London Corre<» 
apoading Society, it will be proved to you^ take th^ 

a 3 • 

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230 THB ATTORNBY 6ENERAL*8 8PEBCH ON 

opinion of the societies in the country with respect 
to three distinct propositions. Mark this. 

Now, Gentlemen, in September ITQ^j the Stock- 
port Society told the London Q>rresponding Soc^ty 
that there was no hope of doing any thing but in a 
Convention ; the London Corresponding Society give 
the answer thai I have before stated. They b^an to 
think of this thing called a Convention in the b^n* 
ning of the year 1 793, and they propose having com- 
munication, on theotherhand, from thecountry socie- 
ties. They state three propositions — ^What is it we are 
to do ?-^Are we to make an application to Parliament ? 
—-Are we to make an application to the King ? — That 
would have been, to make application to theKing, tliat 
he would be graciously pleased, according to the oath 
which he takes upon his coronation, to give his con- 
sent to measures, which were to destroy the govern- 
ment of the country, as it exists, and of himself as 
a part of it ! Or are ^e to have a Convention ? You 
will find, when the whole of the evidence is laid be- 
fore you, there is a vast deal of discussion about this 
measure of a Convention, there is a vast deal of discus* 
sion about applying to Parlia.ment. The application 
to the King is thought futile without more debate; but 
they come to this determination, that things are not 
yet ripe: but that the application to Parliament, how- 
ever, may be one means of ripening that which is not 
yet mature; and then soliciting petitions from all 
parts of the kingdom, telling those, from whom they 
ask them, that they ' do not mean that they should 



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THE TRFAL OF TRp^MFAS ITARBT, 331 

baveanj effect, that they arc all waste paper; can* 
Tassing atl parts of the kingdom^ and getting signa* 
tiiresm the way you will find, they send tbepetftfonft 
to ParHamcnt, which, for myself and my posterity,. 
} thank God ParJiamenC did not attend to ; I mean 
petiticMis to introduce a change in the government 
upon the ppiociple of annual suffrage and uiUTCrsal 
representation* 

They determined for the present that they would 
Content themselves with petitions : that this would 
occasion a great deal of debate : that that would give 
them a vast variety of opportunities of discussing the 
poFnt they had had in agitation since 1 79^ ; and; if 
the public mind was not ripe for a Convention in 
1793, the proceedings and transactions of 1793 bad 
a natural and obvious tendency, when these transac*^ 
tvons were made a proper use of, to bring to matu- 
rity the project, not yet come to maturity: you will 
find therefore that both the London Ccn-responding 
Society and the Society for Constttutionat Informa- 
tion keep this object in view. 

The Norwich Society, upon the 5tb of March 
I79^> write thus to the Society for Constitutional 
Information^ and which you will see bad held oorre- 
^x>ndence also with the London Corresponding So* 
etety upon the subject of the same proposition ; ** It 
^ is with peculiar satisfaction that we are favoured 
** with your correspondence,"— *they first say — " We 
** wish to find out a inethod of redress ; at present 
«f we see if great propriety in universal suffrage and 

a 4 

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'' mmv^nl elections ; but we \mg yon wiU W obliging 
•' wough to ipform w pf wbat you hftve collected of 
** the serH» of the people by your cprrespoodenoe : 
'' we have to inform you that our worthy Qqtt^ 
'^ ^ponding Societies of I/ondon have recently s^b* 
*^ roitted three propositions for our inve«tigiitiOfi i 
*f .first, whether ^ peiUm tQ Purli^met^ or on «4- 
*^ d-rew ^0 the King, or a Convention.** 
, When I find hwe the word CoaventioUi I think I 
msy address this (]pi^tiQn to you as ipen of coqimou 
ae«Be : if, in August 1 79%, the I^ondpn Correspond* 
ing Society, by the address whieh I have read tp you» 
have told you distinctly th^t they c^uinot get sny re^ 
dresa froo) Parliament^ is tt not roarveUous how it is 
tp he ro^de owt in argument, that, in March {7^% 
they were to have a Convention in wder to get it 
froaEi Parliafnent, and more p^u'tieularly to get it £roin 
that Parliameut, which, upon their own principles, 
was not competent to giv^ it, if they bad ^ mind tOt 
take it from Parliament ? 

'^ Permit us briefly to. state pur views for yoi^r ye^, 
^^ visal ; and with respect tp the first, we behold we 
" are a conquered people ; we have Umely submittef) 
^5 to the galling yoke, and resistance i» tk^ pr^^eMt 
*^ eircumsiiances is vain; wecannot^ we cannot act, 
^< the juan ; and, as neoevssity has no law, we think 
^^ OAo^selves under that degrading necessity to. state 
'^ our grievances to tKe House of Commona,. with a 
*< request for redress ; and ^oqld they refiwe"-~ 
wiiich they did^~^^ to grant ouf reasoo^lt) peliMQn> 



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^ we h^ve .$till got (no thanks to them)*'— here is aa 
aqcmte, a short description of the affiliated societies 
'' ^*-^ formidable engine, that will convey the insult 
'^ to the reinotest parts of the kingdom : as to the 
^f propriety of thesecond, we wish to submit to your 
'^ superior judgment, and should esteem it a favour 
^^ to be informed of the result ; for at present we are 
^^ dubious of its good oonseqoencea* Lastly, a Om^ 
^^ vmtion t and oh ! that the period were arrived ; 
^^ but in the present state of afl^irs^ alas! it is im- 
'^ practicable : yet ihis is the object we pursue, and 
'^esteem any other means only in subordinatioa to, 
'.^ aud as having a tendency to accomplish that de* 
•* sirable eiid. 

^^ We wl^ to he iai unison with our brethtw and 
^[ fellaw-^labpurers, and should be gkut of any inform- 
^f ation, 4S soc^ as it is ccHivenieut; and we b^ 
'^ your advice whether it is necessary, as soon as 
'^ possih^s to GoUeet signatorci^ to a petitbn Jbr e 
^^ real representation of the people ?^ 

Thisletlef* c^tbe 5th of Nhrch 1793, having been 
f^ceivjsdfrom Norwich, you will 6nd that Mr. Frosty 
who had then lately come from France, and was^ 
about that time, I beUeve, talking of no King in this 
cfowiitry, in whxdtk it is not yet quite lawful to say 90, 
w#ft thought ao extremely proper person to draw up 
a letter in answer to this ; and accordingly it is stated 
t^n the books of the Socaety,, that Mr. Frost was 
order^ to prepare that answer: however, it got into' 
a}^ h»Ods ; foTi uo}ess I am again mifimatructed. 



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334^ TRB ATTOmrfir SSKEXAL's speech Off 

iC wa& settled by coimse)^ and the lubstenoe I wilT 
now read to you. It is dated the l6tb of April l/pS, 
** Prom the Seeretary of the Society for CEmstito- 
** tion«l Itiformatfot> to the Secretary of the Unrted 
^^ Political' Sodetie^ at Norwich. — We have to ac- 
'^ kiiowJedge* with great satisfaction the tetter which 
** you fafvoured as with, dated the Mh kistant, lefa- 
*^ tive to the ftiost diesiraMe of att other objects, the 
*^ reform of a p«>rHafiientary representatlotr. The 
^ honour yoi» do us in supposing that we are better 
^ fitted than yourselves for the promotion ^politteal 
*' Inowtedge, we must d'wdaim, because we observe, 
^ wilh^ the greatest pleasure, that our country cor- 
^^ respondents have too much zeal and information 
*• to want snccess in their pubKc endeavours, whe- 
^ ther at Norwich, at Sheffield, at Manchester, or 
•• elsewhere, throughoiirt the nation. In oar sin- 
** cerity for the good of our country we trust that we 
** are att eq^ial, and, aa such, we donbt not of our 
" ultimate success. 

•* We see with sorrow the existence of , those evils, 
•* which you so justly represent as the streams of 
** corruption overflowing this once free and pro- 
^ sperous country. We see with surprise and ab- 
^^ horrence that men are to be found, both abte*Mtd 
^ wiHing to scrpport those corruptions. It is, bow- 
^ ever, no small consolation to find that others are 
** not wanting, in every point of the nation, of an 
*^ opposite character, who Bte ready to remedy, by 
*^ £^ laudal>ie and bonourabte means, the defect m 



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TRB TBIAX. OF THOMAS HAItBT. S3f 

^ oxir representation, the usurped^ extension of the 
^^ duration of Parliaments, and other grievances^ such 
•^ as you notice in your letter, 

^^ That the constitution of England has no more of 
** that character it once possessed ; that the supposed 
'* democracy of the country has become a matter of 
*^ property and privilege ; and that we have therefore 
*' no longer that mixed government, which our adver- 
** saries are praising, when they know it is no longer 
V in our possession, are facts notorious and tndisput* 
'* able : where then are we to look for remedy ?'*— 
most assuredly those who had said on the 6th of 
August 179^9 they would not look to Parliament, 
would not be so inconsistent as to say that they would 
look to it in April 1793 — ^" to that Parliament of 
" which we complain ? to the executive power, whidi 
^* is implicitly obeyed, if not anticipated in that Pan- 
*' liament ? or to ourselves ?*' 

Now, who are" ourselves? why, those affiliated 
societies ! ^* ourselves represented in some meeting of 
" delegates for the extensive purpose of reform^ 
** which we suppose you understand by the term 
^* convention.''* The Norwich Society writes to the 
Constitutional Society, and it proposes a Convention 
as the only means of doing this business. Th^ Con- 
stitutional Society states that it is to be done only in 
a Convention, — of what? of themselves. Why then, 
I say, upon the l6th of April 1793, the Constilo^ 
tional Society construed the acts of the 20th of 
January 1 794, which I shall allude to presratly, and 



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9a# turn MmoBHoar cwnBiuUr'* tracB on 

Ae 97tb of MsdcH ¥79^5 becstnse the Constitutional 
Sbeiety said !^a£ a Geiiv^ntion was a convention of 
themselves, represented hi some meeting of delegates, 
-**^and for what porpose ? for the extensive purposes 
^psfonm ; — how ? fcy applying to Parliament ? No. 
Why, thiS' passage sCates* expressly that the reason 
why they wdwld have a GonvefUion wa«, becaose they 
wodid; ndt appiy to Parliament ; and can I impnte to 
men oJfttndeFStandiiig, that are employed in tbis-bo- 
Mfiessy for there are men of understanding enough 
employed in this bosiness ; whether that understand- 
iag is properly empk>yed» in this bu^fiess, it is not for 
me to say any thing about-^can I impute any thing 
sa absurd to men of understanding as that they 
meant to form a Convention, which Conventtoi» 
should carry their petition to Plirliament } 

^^ R is the end of eaeh of these proposition that 
^ we ought to look to ^ and, as success in a good 
^ cause must be the effect of perseverance and the 
^ ming reason^ of the time^ let ua deterniine with 
^^ coolness, but fet us persevere with decision* A^ 
^ to a Cmtftntion, we regard it as a phn the nfK>st 
•* destraWe and most practicable ;•* — when ? sa aoort 
Mthe great body of the people shall be virtuous 
enough to join us in the attempt ? No^—but " so 
•* soon as the great body of the people shall be €M^ 
^ rageou^ and virtuoiuf enough to join ua in the at- 
" tempt/* To« w3P see whether the interpretation^ 
which I give of the word *^ courageous'' by the man- 



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THB TBEAI. OP TXOUAS KJJUDT* SSf 

in which i. mean to esjn'efis it, is due to it or liot^ 
by what I have to state to yoa* 

GetUlemeii of the Jary, with a view to explain itfiis 
&ing called a Convention^ as^ ocmtradiatkiguifihed 
£rom Pailianient, give me leaM to carry hack you^ 
attention for a moment to Aaaoary 25, i^QS^ IH 
this Society, which, in Novediber 17^2^ had tbe 
oorrespond|snce. with France^ which I stated, in Ja^ 
unary 1793, when we were on the eve of a war, and 
upon the eve x>f .a war which 'hod been prodnced bj 
the principles which brought fiaternicatioa into tint 
country, and taok place soon after tiiat ddcree of 
November 17929 you will find that these rescdotaoiit 
were come to-^'^^ That Citizen St« Andr^ a nieiiiber 
'^ of thfe National Convention of Franoe^^'-^-^hat Con- 
veotion which had deposed a King, as that which 
oouU not exist in a govemoient^ ibraied upon die 
{xiodples of the rights of haon, as cfiacloaed by JMr« 
Patne, hh .felkiw-niember in that Oonverition,*-^^^ at 
'^ one of the most judicbus apd icnlaghtened friendi 
'^of hnman liberty, be admitted an associated iio^ 
^ Hmry: ineiidaer of thia Socieiy«~-Iies61ved, That. 
^ Cittsen Barrens, la tnesaberiof the National Goa<- 
^ vention of France, being considerod by us as one 
^^ 0( the fttost judicious and enlightened friends of 
'^ huffian liberty, be admitted an assodated honorary 
^^ jnember<)f thisSoeiety. 

^ .Resolved^ That Citiaeh Roland, bemg; also con* 
^ aidered by us as one of the most judicious and en^- 



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338 TU& ATTOBNBT GENBKAL's SPfiBCH OK 

** fightened friends of human liberty, be admitted an 
** associated honorary member. 

•• That the speeches'* — Gentlemen, I f»rticu1arly 
request your attention to this — ** that the speeches 
^' of Citizen St. Andr6 and Citizen Barr^re, asso- 
*• dated honorary members of this Society, as given 
*' in the Gazette Nationale, ou Moniteur universel 
*' of Paris, on the 4tb, 6th, and 7th of January 
.** 1793, be inserted in the books of this Society f'— . 
and, as far as this Society could efiectuaie it, they 
endeavoured also to have these resolutions published 
in the newspapers, and it will be in proof to you that, 
in the books of the Society, it is resolved that each 
of these resolutions should be-so published. 
~ Now, Gentlemen, I shall prove to you, by evi- 
dence completely effectual for that purpose, what 
these speeches were, and then^ if. you wilt be so 
good as to ask yoursdves what the Constitutional 
Society, which in January and February ordered 
these speeches to be puUished, meant by aConven-^ 
tion in that letter of the l6th of April I793, you will 
Judge whether that Convention was to be the means 
^ {because they would neither apply to the King, the 
executive power, nor to the Parliament), was to be 
the means of handing their application to Parliament ; 
or whether, on the other hand, it was to be the 
means of introducing by its own force a represeniaiive 
government in this country ; that assembly, which, 
you will. find, they insist would for the time absorh 
all the powers of government, which, if it did exist. 



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TUB TBtAL or TH^tfAA RABDT. 113^ 

m>u1d delegate its legislative pofv^r only )so locig as 
they choose to delegate it, a body cotnpeteot to 
create a legislature^ and possessing withia itaelf *an 
eternal power pfreform^ aiy eternal source of. vevolti- 
Jtiori« With i;espect to St. Andre, speaking to the 
Convention^ hp s^ys, ^* Your right to decide the &te 
" of Kings arises from your ibeing a levHdlfdionarjr 
*^ Assembly, created by the nation'* — ^a revolutfooary 
Assembly created by the nat;i<m to siich a state is at 
least that thing, which I ttunk no good Englishaian 
ever will wish to exist to see^*' a revolutionary as- 
^ senribly cneated by the action io a state til instsr^ 
''rectionr 

Speaking of the trial c€ the.King of Frtuoe^ tfaqr 
fiay, ^* This proceeding is of tlie highest ianportance to 
'^ public order, absolately necessary to the e&tsteuoe 
^ of liberty, and connected with whatever is hdd 
'^ most sacred by the nation. 

^' The people of Faris*'-*-thi8 ia upoo the queistlon 
whether the person of the King be inviolable^ ia 
maxim unquestionably true intheoonatitutionofthis 
country, a maxim perfectly cpn»^t$nt with tbedvtt 
liberties of the people, iiecause, though the Ki ng*s 
person is inviolable, he has' advisers, who are vioIat)1e 
as to every act that he does^ — " The people pf Paris; 
^' by making an holy ins^rri^tiou against the King 
'^ on the aoth of August,'* — that 10th of August, 
which, in Mr. Frost's letter to Mr. Tooke, was ab-^ 
aojutely necessary to the existence of liberty in 
Fmnce — ^^ deprived him:of hts character of iiiviola- 



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340 TH% AtrroBKBY ^BKBKAl'll SPBISCH ON 

*^ bility. The people of the other departmeirts apu 
*^ [dauded this insuitectioil, and adopted the eonse- 
^ quence of it. The people have therefore formal^ 
^^ interposed to destroy this royal inviolability. The 
^^ tacit consent of the people rendered the person of 
•• the King inviolable; the act of ifasurrection"— 1 
pmy Heaven defend us^ from the operation of suc& 
principles m this couhtry^**^'^ the act of insurrection 
f ^ was a tac^ repeal of that consent, and was founded 
♦* on the sanie grounds of law as the eonsent itself i 
** the King^s person h inviolable only with relation td 
** the other hranohes Of the legislature^ but not mth 
*' relation to the people." 

Now, I ask, what did thoee Gentlemen, who or- 
dered this speech to be pnblished, thttt the tting^s 
person was inviotable on?y with relation to the othei- 
brsiicbes of the legislature, when they were talking 
of conventions, mean ? I am sorry to say that my 
mibd is drawn to^ the conclosion that they thought 
ttie King^s person was^ not inviolable with fetation to 
the people, a oonventioil of whom was to be formed, 
and was to hA formed because an applib&tion to I^- 
kament wasp tesekn^. 

Now, let us see the description of a Convention* 
** A Convention differs i^om an ordinary legtslaturs 
^^ in this^respeet : a legislMore ie only a species of su- 
'* periikending magistracy, a moderator of the powters 
•• of government : a Convention id a perfect repre- 
*' sentation of the Sovereign : Che members of ffae 
^* Legislative Aaiembly aeted in Augnst upon these 



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THB TRIAL OF TUOMA& HARDY. 241 

^^ p^inciples^ in summoning^, the Convention ; they 

*^ declare'* — precisely as it is declared in the letter I 

haye been reading to you-r-** that they saw but on6 

** measure \vhich could save France, namely, to have 

** recourse to the supreme will of the people, and to 

•*, invite the people to exercise immediately that un- 

*^ alienable right of sovereignty, which the constitu- 

^^ tion had ac](.nowledged, and which it could not 

^^sulgectto any. restriction : the public interest re* 

." quired that the people should manifest their will 

^' by the election of a National Qjrivention, formed 

" of representatives invested .by the people with im* 

fMimited powers. The' people did manifest their 

^^ wijl by the election of that Convention. The 

^* CoqventiorJ being assembled is itself that sovereiga 

/' will, which oughl to prevail. It would be contrary 

/* to every pri^pciple to suppose that the Convention is 

/* not alone exclusively the expression of the general 

/^vvilK * , . 

*^ The powers of the Convention must, from the 

^' very nature of the assembly, be unlimited with 

*^ Inspect to every measure of general safety, such as 

^* the execution of a tyrant. Itjs no longer a Con- 

." ventiot), if it has.no( power to judge the King: a 

/^ Convention, ^s a constituent body, i. e. a body 

" that iS; to make a constitution for the people; a 

^^ legislature makes laws under an established consti«> 

:** tCitton, and in conformity to it. It is despotism 

," whenj in the. ordinary and permanent establish- 

^* roent qf a state, therejs no separation of powers ; 

VOL. HI. R 

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242 THB ATTOBVBT OBNBIAI.'S 8PKACR OK 

*^ but it is of tb6 very esBence of a ocmstitDetit body 
*^ to ponoentre for the time all aothoritjr : it is the 
*^ very nature of a National G>nventbn^ to be the 
'^ temporary image of the nation^ to unite in itself 
^' all the powers of the state^ to employ them against 
'^ the enemies c^ liberty, and to distribute them in a 
*^ new sodal compact tailed a constitution/' 

Gentlemen, after I have stated that to you, I 
think I cmxsoi possibly be mistaken whesi I conceive 
that you can do no otherwise than put the sameoon* 
fttractbn upon this letter which I did. 

I will now take the liberty of calling your tittention 
to a letter of the 1 7th of May 1 793, and the answer 
«f the 26th May 1793> passing over« great many 
letters, the substance c^ which you will inform your-* 
adves of by having them le^d, namely, letters that 
prove afEiiatioiis solicited] and granted to Leed^, 
Tewkesbury, Coventry, and many places in the king- 
domy more numerous than I apprehend you will be- 
lieve, till you see what the number of them is, by 
evidence actually before you* 

Gentlemeii,^ib^ leave now to call your attentioii, 
in order of titne> ton letter of the lyth May lf93, 
for it begins « correspondttce most exces^tely mii* 
teriaF with that part of the country in which the Coti* 
ventfon has bfeen ah*eady held 1 I mean Scotland i<^k 
Convention which, i dtink I ^all satisfy you^ ^iid^ 
for the time, act upon the prmciples that I \mt 
stated to you, from the speeeb of fiaiT6re, as £tt- » 
It couk} act,r and 10 which I thitik, at fte iMMiiefft 



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THE TRIAL OP THOMAS HaKDY. 243 

that I address you, if it had not been stopped in the 
execution of its purposes, but had been joined by 
those whose acts we^ are considering this day, you 
might have seen, in the speeches of a National Con^ 
vention in Great Britain, a repetition of the language 
of Barr6re, instead of hearing it from me in a court 
of justice. 

Gentlemen, I hold it, in the office that I fill, to 
be due to tiie administration of the justice of this 
country, to say distinctly, if I understand the case 
upon which certain persons were tried for the acts 
which they did in Scotland, that, if they had beela 
tried for high treason, they would have had no right 
to complain ; no right to complain if the questioo 
upon their conduct had been agitated in that shape 
before a jury of the country. 

Gentlemen, upon the 17th of May, a Mr. Ur- 
quhart going from London, Mr. Hardy, and a person 
' of the name of Margarot, celebrated in the future 
history .of this business, join^ and write a letter-^ 
Rirliament iuid, as they expected it would, and as 
diey meant it should, rejected their petition— '' The 
'^ London Corresponding Society eagerly seizes the 
*' of^ortunity of Mr. Urquhart going back to Edin- 
^' burgh, to request of your Society a renewal of 
^' correspondence, and a more intimate 00-operatioo 
'^ ia tfa^ which both Societies alike seek, viz. a re^ 
*' form in the pariiamentary representation. We are 
^' rery sensible that no Society can by itself bring 
^^ about that desirable end ; let us, therefore^ unite 

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*!244 TH£ ATTORNEY 6EN£RAL*S STittiH OK 

** as triuch as possible^ not only with each other, but 
** with every other Society throughout the nation. 
^* Our petitions, you will have learned, have been all 
^* of them unsuccessful ; our attention must now, 
** therefore, be turned to some more effectual means ; 
'^ from your Society we would willingly learn them, 
*' and you, on your part, may depend upon our 
*^ adopting the firmest measures, provided they are 
<^ constitutional^ and we hope the country will not 
" be behindhand with us." 

Now, by " constitutional measures*' it is dear 
that they meant that a Convention, as contradistin- 
guished from a Parliament, would be constitutional : 
it is clear they meant it, because they have said it. 
' Then Mr. Skirving writes thus — '^ Mr. Urquhart 
*^ did me the pleasure to call on Thursday afternoon, 
*^ and delivered your letter of the 17th inst. I am 
'^ much pleased with the contents of it, and shall lay 
*^ it before the first meeting of our societies here, 
" which, however^ does not take place till Monday 
" sevennight. I would have acknowledged the re- 
*• ceipt of your favour by yesterday's post, but was 
^^ too much employed in removing our household to 
" another lodging to attend to any thing else." 
Now I beg your attention to this, because you will 
see in the transactions of the people in convention in 
Edinburgh, that they looked to what they were to do 
in case of a rebellion as well as any other. 

^^ If either you in England or we in Scotland 
^^ should attempt separately, the reform which we, 



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THE TRIAt OP.THOMAS.HAJtOT. 245. 

^^ I trusty sgA to obtain, we should, by so doing, 
'^ oniy expose oar weakness, and manifest our igno* 
*^ ranee of the corruption which opposes our im- 
** portant undertaking: if we sought only the extirpa- 
"tion/of one set of interested men from the ma- 
^' nagement of national affairs, that place might be 
'^ given to another set; without affecting the vitals 
*^ adverse to the system of reform, these might be ^ 
^^ easily accomplished ; but to cut up deep and wide 
*' rooted prejtuiices, to give effectual energy to the 
"^dictates of truth in favour of public virtue and 
*^ national prosperity, in opposition to self and all its 
'^ interested habits, and to withstand and overawe 
/' the final efforts of the powers! of darkness, is the 
*^*work o£ the whole and not of a part; a work to 
^^ which mankind till this awful period were ne^r 
'^adequate, because never till qow disposed to fra« 
*^ ternize, not merely or only, I trust, from the 
'* sense of the common danger to which we are ex- 
"'posed, but from the ennobling principle of univer- 
^'^sal benevolence* 

^f I know no greater service that I can do my 
V country, than to promote the union you so wisely 
^' des'rre ; and I am happy to assure you, that I have 
^F hitherto discovered no sentiment in our association, 
'^adverse to the most intimate and brotherly union 
^ with the; associations in £ngland* 
.^^ I think the minds of all must in the nature of 
¥. things be now turned to mare.effhctual viecms.of 
^r^ifrnu Not one person wa3 convinced of the 

R 3 

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240 THB Atttfltinrr n^Oixi/s sntcn on 

^' neMsrity of it by the most convificiiig ailments 
^^ of rei8oii^ together with the most unequtTOcal ex- 
^' pressions of uniterstl desire. What then is to 
^' be hoped for from repetition ?. I am only afraid 
^' that the bow in England against reform was so 
'^ contracted) that in returning it may break. You 
*^ would willingly learn, you siiy, from ua— ^I own 
^^ that we ought to be fortvard in this : we hare at 
*^ once in great wi&dom perfected our plan of orga^ 
*^ ni^tion, and if we were iathe same independent 
^^ state of mind as Ihe people of England, we would 
^' be able to take the lead--*the associations with yea 
f^ are no more, I fear^^excute my freedomo-^tkan an 
** arif tpcracy for the good of the people : they are. 
5^ inde^ moderate, firm, and virtuous, and better 
^^ Canpot be ; but we are the people themselves, and 
*^ we are the first to show that the people can both 
^* judge and resolve, if undirected by faction, with 
f^ both wisdom and moderation. 

>^ I have not a higher wish in the present exertions 
'' for reform than tp see the people nniversally and' 
^^ regularly associated^ because I am persuaded that 
^ the present disastrous engagements will issue in 
^^ ruin, and the people m^st then provide for them^ 
f' selves ; aqd it would be unhappy, when we should 
*^ be r^y to act with unanimity, to be occupied abont 
'' organization, without which, howerer, anardiy 
'^ must ^nsoerrwe will not need but to be prepared 
'^^ for the event^to stand still and see the aidvatioii 
*' of the Lord'-^^let us therefore take the hiiit given 



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TSE TftiAz. OF raouAB mjoAr. 247 

^ vHi by our opposers ; let U8 b^n in earnest to 
'* make up our minds rdative to the extent of reform 
^' ^ich we ought to se^^ be prepared to justify it, 
*^ and to controvert otgections : let us model the 
^^ whole in the puUte mind ; let us provide every 
^^ stake and stay of the tabemade which We would 
^^ erect, so that when the tabernacles of oppression 
*^ in the palaces of ambition are broken down, under 
^^ the mi^ness and felly of their supporters, we may 
^^ then, without anarchy and all dangerous dday, 
^ erect at once our tabemade of righteousness, and 
^' may the Lord htmsdf be in it !*' 

Gentlemen, these are things all very easy to be 
imderstood. 

^^ How hurtful to the feelings of a reflecting mind, 
^^ to look back to the wretdied state in wfaidi tlie 
^Boman monarchy, enfedsled and broken by its 
^' own corruptions, left the nations, which it sub- 
^ jeeted^ like sheep without a shepherd ; they soon 
^ beeame a prey to every invader, because there was 
^' none to gather and unite them i had they, forcr 
^ seeing die evil, assodated fer mutual defence^ no 
4^ robber would have been able to enslave them, they 
^ would have given laws to all parties, as well as to 
^^tbemsdves: all separate colonies and nations would 
^^ have sought thdr alliance ; but not having virtue 
'♦^ to associate, and heal the divisions, and root out 
ff libife selfish spirit, which ambition-fostering govern* 
? irients procure to thdr subjects^ they fell under 



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a^ft THE ATTORWBT dBNBKAL*S 8FEBCK OW 

" Oppressions^ from under whose iron sceptre thejr 
*/ have never yet been able to deliver themselves. 

" We may suppose an event, which we deprecate ;^ 
" nay, should we not be preparffd for every possible 
f* issue of the present unprecedented divisions of 
'* mankind, we have a right to be apprehensive of 
*' the abilities of our own managers, who are so afraid 
^' to depart from precedent, that, like men of detail, 
** they may be inadequate to the task of preserving 
'* the vessel from shipwreck, now grappling with 
^^ danger not only great, but new and uncommon. 
'^ If the present Ministry fail, who after them shall 
^^ be trusted? It. requires little penetration to see 
*' the anarchy and discord which will follow ; it wiil 
*^ be such, that nothing short of a general union 
*^ among the people themselves^ will be able to healr 
*^ haste therefore to associate, at least to be ready to 
^^ associate ; if, then, sucb a broken state of things 
^^ should take place, the civil broils that would ne^ 
'^ cessarily ensue, would soon subside before the 
*' united irresistible voice of the whole* Do iioA, I 
^^ entreat you, hesitate thinking such a work prema^ 
'• tureas yet," — this is written in May 1793 ; — " but 
*^ a month, and then it may be too late ; a malignant 
^' party may be already formed^ and only waiting for 
^* the halting of the present managers ; it will then 
^^ be too late to seek to subject to deliberation, after 
** a party has dared the act of rebellion. If you go 
'< no further than separate meetings in difi^ent 
'• towns, we will not be ablp to confide in your cpn- 



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TBE TBIAL OP THOMAS HABBT. 24Q 

•' fraternity, because while in such a state you may 
^^ be but the tools of a iaction ; we could have all 
** confidence and unite with all at&ction in one as^ 
^^ ^nnbltf of commissioners from all the countries of 
^ the world." 

Gentlemen, observe that expression; this letter, 
in the beginning of it, speaking with reference to 
the war, does, not know but the palaces of ambition 
may be all overset ; the pillars will tumble with their 
supporters. Then it says, ** we could have all con- 
'^ fidence and unite with all affection in one assembly 
^* of commmsioners from all countries of the world— 
*^ if we knew they were chosen by the unbiassed voice 
^^ of the people, because they vstould come up with the 
^' s^me disiintereated views and desires as ourselves^ 
** having all agreed to a common centre of union 
^^.and interest; but we could notconfideJn fellow* 
^/ citizens, :wbo kept aloof from sudi utiion^ and 
*^ would nbt previously affiliate in one great and in- 
^^ divisible family*'* 

- Gentlemen, I have before told you, that there was 
a Soeiely at Birmingham. Upon the, iOth of June 
1793, the' London Corresponding Society writes to 
that Society in these terms: "It is with singular 
f^ satis&ction the Committee of the London Corre* 
*^ spooding Society received your letter; they are 
'^ very ^ad to see tbe spirit of freedom springing up 
f^ in Birmiiigham, and tl^y make no doubt but that 
ff the zeal of.your Society and the increase of your 
^^ members will soon do away the stigma thrown on 



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350 THE ATTQKKBY GENERAI^S SrSECR OH 

^^ your town by the unjustifiable behafvmir of a 
*^ Church and King mob : we are entirely of your 
^' opinion with regard to the neoeaaity tffa general 
*^ wmn^ and we believe^ aa you do, that when once' 
** the country shall have so united/*-^what liien ^ 
^ the Neroes of the day teiU be forced te yidd to the 
** just demand of a long and sore (^pressed people.^ 

Gentlemen, the pditical societiea at Norwich also 
write to the London Corresponding Society with re* 
sped to this Convention upon the 25th of Jane ifgi, 
in whidi they say, *^ We also received your friendly 
^' letter prior to that wherein you lAated three pro^ 
^^ posations : firsts a petition to His Migesty, or to 
^ Parliament, or a National Convention ; and ordera) 
^' one of our Committee to answer it; dioold be 
" glad if you will inform me whether it wasntteiided 
** to. I gave my q)inion on the subfect to the 
^^ Constitutional Society of London, and ibund thdf 
'^ ideas congenial to my own^^^^tbat alhidea to the 
letter they wrote him, — <^ viz. an address t|» the 
<^ King-^fiitile; a petition to Fsrliament (as scon- 
^^ queredpeople)«->»tolerable; a National C(Hi?f«tioii 
*^ (if circumstances admitted), best (tf alL*' 

Gentlemen, yon will find that, upon the 29th of 
June 1793, whilst these societies were bidding so 
much correspondence with respect to this aatiena) 
Convention^ as the <mly effectu^ meains, it was 
thought an address to die nation should be prepansd^ 
that ia not immaterial, because you vntA ihid after* 
wards, that the project of a natioffd Cpuv^nition iS( 



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THE TBIAX Of THOBCU HABDT. 191 

Scotland w^s thou^t l^ many of the members oCit^ 
and many of the members of those bodies^ to hare 
fiuled fior want of such a previous address to the nation $ 
and xspoa this occasion two gentlemen are brought 
together^ I do not know whether one of them at that 
time was a member of the Sodety or not^ but two 
members are brought together ; Mr. Home Tooke 
9iid a person of the name of Yorke^ who, you will 
find, was a delegate to the Convention in Scotland^ 
and who you will find has acted a considerable part 
m other parts of this country, were to be employed 
in preparing tliat address. 

Upon the 6th of July 1793, a letter having been 
tecekved from the political societies at Norwidi, the 
answer, signed by the Prisoner at the bar, is givea ia 
^lese terms; 

^^ Fe|k>w«6iti2ens, The London Gjrre^xmding 
^^ Society have received, and read with pteasore^ 
^ your letter (tf the S5tb of June ; but the apswer^ 
^^ which you mention to have been m«de to q|ir three 
f questions, has not yet pome to hand; we shall be 
*^ glad to be informed by your ne&t whether it was 
^^ ever put in the post*oifice« 

*' With regard to the questions themselves^ bow^ 
^' ever individuals may have made up their minds oa 
^ thetn<^ thi& public seemed most to approve (lie mode 
^^ of petitioning Parliament." 

Then it stotes the effect pf the petitions, ^'^t^ 
ff hortmg you therefore to throw aside all unavailing 
f^ comptunt, v^e wish you U> occupy yourselves 19 



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152 THE ATTORNEY GEKEBAL's SPEECH OK 

f^ instructing the people^ in introducing and nokin* 
*' taining order and regularity in your own Society, 
*^ and in forming a junctiop with all others associated 
''for the same purpose throughout the nation^ by 
'' keeping up a constant correspondence with them ; 
'' but, above all, orderly and courageously preparing 
*' yourself for the event ^^' — now mark the events — 
'' for, as it is natural to suppose that those, who now 
" prey on the public, will not willingly yield up tfieir 
" enjoyments, nor repossess us of our rights withoui 
'' a struggle, which by their behaviour in Ireland,**—' 
that alludes to the bill in Ireland to prevent a Con^ 
vention, — ^' we kave some reason to think they are 
'' meditating, arid perhaps may intend to: effect by 
*' means of those vtry foreign mercenaries, who are 
•' now paid by the sweat of our brow, and whom, 
'' under some plausible pretence, it would be m difficult 
'' matter to land an our shore: it may be more ad^ 
'' vantageous to humanity to show thematjlrst thai' 
'' their oppoiients are neither mob nor rabble, but an 
'' indignant oppressed people, in whom is not yet en-- 
'' tirely extinct the valour (f their forefathers ** 

Gentlemen, in a letter to Hertford, which is writ- 
ten by the same Corresponding Society, upon the 
Slstof July 1793, and which Society at Hertford 
bad. desired to know their principles, they istate 
themselves in the same manner ;— *' We r^cieive with 
^' pleasure your assurance of co-operating With lis for 
l^ a reform in Parliament, an object to which all t)uf 
^^ endeavours t^nd^ and on which our hearts are i^^ 



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THE TBIAL OP THOMAS HABDY* 293 

** variably fixed ; but as your declaration that you will 
^' not pledge yourselves to demand universal suffrage 
^' and annual Parliaments; is followed by no specific 
^' plan of reform of your own, we are under some 
^^ difficulty how to conclude ; perhaps, as strangers, 
^^ you write to us with that prudent reserve which is 
'^ sometimes necessary, and that idea receives 
'* strength from your appearing afterwards cdnvincedl 
-** that the common object of the two societies, is the 
*^ same, which we readily admit; but, as mutual 
*^ confidence is the basis of union, and the only ra- 
-*^ tional pledge and support for co-operative exertion, 
,^^ we trust your next will do away every difi(iculty« 

" With respect to universal suffrage and annual 
*^ Parliaments, a mature conviction of their justice 
^^ and necessity for the preservation of liberty and 
*^ prosperity to the gre^t body 6( the people, and for 
^^ securing the independence of Parliament, was our 
." primary inducement to associate. We therefore 
/^ candidly assure you, that these our principles, as 
'^ already announced to the public, remain immo- 
" table, unconnected with any party whatever; we 
*' can consider no reform radical, but such ^s will 
*^ enable every individual of the community to enjoy 
*^ the advantages thereof equally with ourselves ; for, 
** if ignorance of the nature pf government, or the 
^^ merits of the candidates, be an argument against 
*^ universal suffrage, as our opponents pretend, the 
^^ same reasons would equally incapacitate a great ma- 
^' jority of those who now enjoy that privilege, to the 



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254 TRB ATTORKBT 6BNfiXJU/s * SPEECH OK 

^^ exclusion of very tmny diousands, much better 
^ inforniec) tbaa tfaemtelves ; not to mention that, 
^^ under a more equaliced mode of gorerament, the 
^^ people ivouid be at onoe induced and empowered to 
^ improve themselves in useful knovrfedge. In a 
'^ ivord, we know no principle^ consistent with jastice 
^* or reason^ by which we could exclude conscien^ 
*^ tioosly any part of the oommunity from an equality 
^^ of rights and privileges, which every member of 
/^ todety, as he oontributes to its support, ought 
^ equally to enjoy. 

^' With respect to annual Parliaments, we will just 
^^ remark, that good members may be re-elected, 
^^ whilst twelve months we think fuHy sufficient for 
^' the wdfare of millions to remain at the mercy of ii 
''bad representative* Having dius unequivocally 
'' stated our principles^ we shall condade by observ** 
'' ing, that the bill just passed in Ide]and is of a 
'' nature to awaken the jealousy of every friend to 
*' freedom and humanity-— will render every exertion 
^' justifiable, sliould a similar attack upon constitu* 
^ tional freedom be attempted here.*' 

In October 179*3 the Scotch Convention having 
met, of wbid) we have all of us heard so much ocrt 
of this place, you will find that a letter had been 
received from a Mr« Sinclair, together with an ad- 
dress from Skirving, who was secretary to the Con- 
rention and Friends of the People in Scotland, t^ 
the London Gnistitutional Society ; an extraordinary 
meeting ol the Society was therefcHe called^ at tte 



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^ras TBIAL 0» TROMA8 RABOY. 3^ 

Crown and Anchw^ to consider the utility and pro- 
priety of sendii^ delates to a Convention of dele- 
gates of the dilierent societies in Great Sntatn^ at 
Edinbtugh^ for the purpose of obtaining a parlkonen- 
tary reform. 

Upon the 28th of October 1793> this Society came 
to a resolution to send delegates to that ConveAtion^ 
and the two persons elected were Mr. Sinclair and 
Mr. T<^ke ; and perhaps one cannot state a more 
striking instance of the extraordinary power of a small 
. sodety^ affiliating itself with societies, spread all over 
the wfade kingdom, than by stating that Sinclair, 
who was deputed from this Society, meeting with 
otfier delates in Scotland, had no diiBituIty of as- 
suming with others the title of a delegate to the 
British Oonvention—^to assert their right to do'acts 
in contradictioii to the Legislature-^than by tefiihg 
yott that this Torke and Sinclair were deputed froYh 
this Society by a pdl, in which he, who had the 
miyority, had seventeen votes oniy ; Mr. Yorke and 
Mr. Stndiur are accoidingly sent down, and they gb 
with all the del^iftion of the power of tbci people, 
whidi this ConAkutional Society, thus affiliated, 
49oM give tiiem, and what they thought it was you 
will see presently.— -The London Corresponding So- 
ciety WW not to be lickward in formfeg this Con* 
wtftion in Scctiattd— ^Hd, aooorjiingly, you will see 
in the evidence, which I have to state to you, a 
iftnsidefirieyle deid of ooiitrivance on the part of the 
^isMWl St tfht .bsr, in •nter io biwgaboot that 



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396 TUB ATTOMirr iSSNSBAL^S SPfiHCH Otfl 

Gmrention in. Scotland; fofj Gentlem^n^ be wriCes 
a letter to the Norwicb Constitutional Society, wbidai 
deserves your very serious attention^ in wbidi he 
expresses himself thUs-r-'* We have to acknowledge^ 
*^ at once^ your favours of the 3d of Septfi^ber and 
^' 14th instant; moHipUclty of bilaiii^ss prevented 
^^ ray answering your firsts bikt wiU jipw ii}[forin you 
*^ that the spirit^ shown in it^ gave gijeat. sat isfa<tioe 
*' to our Society at large. The rejoSejegp for the .cap- 
^' ture of Valenciennes were not confio^ to Norwich 
''alone: the ignorant every wb^re d^ tbrpi:^boiit 
/' the nation betrayed their imbecility dxi the occasion 
^' — rthe taking of a town, the slaugfetering of thou^ 
'' sands of huniap b^in^s, the laying waste whobs 
*• provinces^ or the enslaving a nation (ho^^ever great 
'' evils they may be)> can only retard for a sma}l $paiie 
^' of time the progress of truth and reason. Be. not 
'' disheartened therefore ; pursue yoiir; plan/ ksstiriiot 
'' mankind, and constitiitipnally set yoUr faces agaiqst 
'^ existing abuses ; be a83ured that maOy are. oi(r 
" friends^ who only wait a favourable opportunity 1p 
^' openly join, us^ while our enemies, have niu.clpr.e»- 
/' feebled themselves and their cause by their ar]}itraiy 
'' exertions; despotism is at its last gasp--rdne v 
.'' two campaigns more wiH terminate its existenCQ.. 
" We are glad to see that you, begin to^aken 
'' proper use of dd^gation ; whefe bodies /of men 
*' are too numerous to; be convened eaisily oa^v^ 
*' occasion^ delegation is the best^ and indeed the 
'' only way to obtain tbegeaeral opinion s;^ SsQC^o^j 



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TUB TBiAl. or THOJKA8 RXBBT* HkSJL 

^ iinprov)8g on the ktefty have not only sixmmonect 
<^ fkkit o\m ilek^ates, b«it also invite those of every 
<^ et'befc Society to attended kind of Conventiott'* (a$' 
ifMr.Hftttiykiidwnodiing about it^ <'whlebisto' 
'f:h^he\A at Ediiibergh ctfi the «9th instant-^the* 
^f cn<ilatadpepery trhnch ly previous to the commu-' 
" tiibith]^ yObf' Utifter tdr oar oomiMltee (whicb wiff 
^^ flKed only to<^a»rro«r), make haste to transmit tcf 
^^ yfxiy, m\\\ show yon tfaat yttiir Sooiety ts anehideif 
^ hi^the gefieml inyitatidn to ieiad detegattea to. that 
^^ mmedmg, which) «e exbort you to idj if you: pes-' 
'<: sibly can; I finnly Believe our Soeiely will nbl ittiss" 
^ Iteopfiortqnity ofdoingfithe samb.'*; ^ ■ '' 

:Wqw you wilb iStid that, upon «)«e 5th of Odiobef 
t/f(^^ Hardf, vdio^Wrot^ tbia letter dpMthe l^y 
wrote to Skirving in this way-^<^ With pleasure I peffose" 
^'' yNftub^fivocnr of. the Id.insttiiit, but, m yet^-have sc^n 
<! ttmt heawi^MatUagriof tke^lwo^cli}^ 
^trialyiirfaiehyoil mention aabe^^qt t»(HeSddety' 
f^jidlio niy«tf-»*«be Uind* enoitgh^* n6t^pri<^Aan4lng;' 
f^it^MWrolAiat gentleman fhatiks ^r fais'pdtlce atMn- 
^ tionv imd assure) btmil^at w^ view Mm ttt the Kgjhlf 
^^ of w martyr tc^ fireedoctiy aa welt aa I^. Palmes; 
'^ andt that oer warmest bopesiiare^ th^. tbeoppressortf 
^^ of! oirinkiRd will either be aabamed or afraid of 
!^ eanrying dsew reaei^fefitl mialioe into execution. 

.^^.Ihe %nend Convention^ which you mentiod; 

^ ap|iear» tfot* Mv. Maifgerat (to whom alone I have 

f^ooMnualdttod yoer lM«ar> aitd^ myself to be a very 

^^ cfLodlent aaaaluM, andoM^ sutl^ I eotM wkh tfwi 

VOL. ixi. a 

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2S8 THB ATTORBTBT OtNBBAL^ SPB^CH OHT 

^^ without delay y to communicate it offidaUy to our 
^ Society without any wayr mentioning that you have 
'^ written to me privately — if in your oJfKcial letter 
'^ you should require us to send a deputation to that 
^ meetings I have no doubt but our Society woM, 
^^ with pleasure, accept the invitation ; and I am 
". persuaded it umf do mudi good.-^Our .freedom, 
^«^ as you justly observe, depeiKis. entirely upon oor- 
^ selves ; and upon oar availing ouradves of 'this op- 
^f portonity, which, once lost, may not be reoovo^ 
<^ so soon. I am glad to discover by your, testimmy 
^f that I was by no ways mistaken in the lugh opi- 
'^ nion I always liad of Lord Dser's patriotism : a 
^ titfe may be a bar to disinterested patriotism, 'but 
^' it seems he has evinced it not to bean instipeiabto 
**4me. 

'^ You are right, it is true, ^at ^ve have had mo- 
^ Uier geneml maetingy at which a hastily coiripoMd, 
^^ and suddenly productod addros^ to the King^twas 
^^ read, applauded, and j^iteed to be presentedrbo^ 
'5:011 a cod revfaaU the said addiress being {otumA to 
V be; mor^ illHMturdd than qiirited, imore dangerous 
^^ in tt$ togtiag^ than advantageous in ;ita c^ject, 
^^ bolides being too long, the Committee, vHtibthe 
^^4t(|^bation of the majori^ lof (the Bocbfy, have 
«< adopted another^. i)iach.sa%^ mort a{}pofiite, and 
/V relating solely to the w^r* e$fio9od you have a 
i^ eqpy of it }: bat you was miiilk)formed whoi you 
<^ vms t^kl Vfi paflte4 ffmy tfsolbtiona at tliit 'meetings 
f^ for we only came to .oie, and,thit.iilher of a prt- 



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TKBtMMX* OF tlWOMAS HABI^Y. 2.59 

''I vate nature, namely^ that the conduct of Sir James 
'^ Sanderson, id preventing the meeting of the Lon- 
'^ dop Corresponding Society^ at the Globe Tavern, 
'^ Fleet Street, was qf such a nature as to place him. 
*^ below our censure/* 

. Gentlepieh, the Londoi^ Constitutional Scx^iety 
gave their delegates, Mr. Yorke and Mr^ Sinclair^ 
qerCain instructions; land J ought here to tdl you, by 
way of ex[Jaining the effect of what I am now to 
state, that the manner of keeping the books of the 
London Cpnstitutional Society, as I understand it> 
^as this**-The xesolutions, made upon one nighty 
were taken upon loose mjnutes, either by the secre>^ 
tiry» or by other persons, who acted in his absence^ 
or iq Uspreseme^ when he was not doing that duty 
himself; tkey were entered, before the subsequent 
night of meeting, regularly in the book, and the 
first thtfig done upon the subsequent night of meet* 
iP£ yfW to read the resolutions which were. mado 
UpoQ the former night, and to see tibat they were 
corpect; now it will naturally occur that the minutes 
may explain the book, and the book may explain the 
mintttes: now, whai they come to draw the minutes, 
which you will l^re for the instruction of their dele>^ 
gates at a Convention^ which was to be held in Scot* 
land, the first idea vms to instruct those delegates to 
petition Parliament; but they seem to have recol- 
lected that that was a measure^ which had been 
abandoned some months hdbre by all the societies^ 
with ivhom they were affiliated: th^ therrfore struck 

a a 

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260 THE ATTOiRirEy ORN^AlTl WESCflf OJT 

d&t of theif minutes the pftirpose of applying to Pfer-' 
Iterment, and tfiey send instroctibns in th^se word*: 

^^ The delegates are instructed, on tlrepartrof fhe 
^* Society, to assist fn bfirrgiiig fcfwafrd and aupport- 
^' ing any constitutional measures for procdtirtg a' 
•^rcal representation of IfceCSomntoiis of CreatBH- 
*^ tain in Rirtiament — that, in speci^ihg the ridk^es^ 
*^ to be demanded of esttsttng abuses, the dt^IegaCes 
** ou^ht never to lose sdglit of the two essei&tiaf prin-^ 
'^ CTplfes, genera? suffrage arid annual' repr^frtallfon, 
*^ together wirti the unalienable right rn thfe peojrfe 
^' to refornh, atid that a rcfersoriabte afnd known com- 
^ perisatibn ought to be maafe^?cy the reprfesenfetives 
^ of the nation by a natidna! cohtt ibuliibli J^ Wha< 
fbey meant by the represmtatrveii of the nation-^ aftft? 
what I have already read' to you, I* ftiink ybii cattwt 
possibly mistake- '. »' * • • *-> -^ 

• The London Cort-espowdtfig Sod^^ii^ dbtii^fw^ti 
boTder In tht Jtistfuction^, «rWcft*th^ iintf wMiftttrif 
delegates to tHe CoiWeitlftm ^ -fn- ScotlaritJ : yhvt wffl 
find these ihstructions are to ^e follbwft^ eflfe*.-* 
By'artrclb llie irst, the cfefc^te is^fti^ftrbdlecR^ tffM 
^ he shalf dn no aecouh't ®^Hr*6m the origttitf 
** objeet ^nd prmcipte of tWi Sotiety r nsa^ittffi 
^ the obtaining atmuaF ftrTianirttoits^ andf tiM^cfftd 
^ sfufR-ageJ by rational art* ila^fflfl "mfeanS; ' 

«' ad, To sup^rt the opitiicins that tepresefttafifrt 
♦• in Parliament oo^t to *be piatd bytheir coitiMS^ 
•< tuents. 

** Tth/That it fe tfre duty oT-ftie pebf*?'i--iltf#i 



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Gitatl^tmm, Id)Qg; )^wr atiention l^ Am^ it i»|i»e 
Itainaiple, upM idMrdb ilie CopveDtwi of SooUsii^ 
iiraa ipnn^d^ jfi4 ffpon. wbioh ^ aeted : ^^ Xliat k is 
'^ the dutyifff itlw prapfe to imbt any act of Parli«> 
^^ daient, ir^pag^oaot Ao. !tbe original principles af ;the 
^^ aBuuiiliitiQft9<afi woiild be 'ereiy utt^oipit tP prPbibiit 
'^^ aaaoeutticHis :£»r tb^ porpoa^ gf neibrm .** 

Gentlemen, there is no governmmt in ti^ couqth 
^y if /this priboipk :ia/to .k^ ar^ted upon, because 
japfaodji csD tell to \i^lUt<e«ltent it m]i go; aod/acooriGU 
4iigfyyoa«rtHjae Ubat these die^^tes^ 'vvho weptintp 
dSoolfaiMl, t»ith:thisia)tit^Qrfty in tJieir hapda^ carried 
Itfae authority lir^yond the ce^staoipe^ iivfaicii they 
waie auildiimaed lK>iiu&;e teeording io .4he pri|M:ii)lc9 
iicfii laid doyrin^ asol «tbiy jBtate « great vanety pf 
49oes^ dlsppffMod nSlmwMis, both by the I^ndop 
Conre8p0Kid»gf adoi fcbe iGwstittiiioMl Society, in 
which the fttople^ 4ao4 the Cpfpvci^tiw pf the ^^^sopU, 
taere ^ w»i&t Bftiilbaieiit* 

Gentleman^ 'tiwse ^lopieties ^ha^wg seiit dekgatflB 
.tp(tiaffi£!onirnition^iQ£c(Mtlaod, I proceed ciow to $tat« 
tthQtihe4iat8iof^bat Caiiv^ation, to tbe extent et 
leaat to ^hicb iihe! delegates from this country wei« 
autfaoriMd -to flot, are eivtdence againat those ^ho 
aont tiaeoi, >aiid thenerfbre. gainst the perai^ns here 
Midicted. Bat^ (fofther, Ahts^f QQinsDUBicated ^tothe 
iSocietiesiierQ.pariafulariy to the Fffisooier at the bar^ 
.their acts; and iheaocietiesihere, in distinct resolu- 
tions, acting upon considesation^ approved thdr 
i^ole cdn<bict: theytbiveforeinade t^at condiict of 

s 3 

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20% THi«^AT90KKKT OBHKUX^ft SPUOM ON 

their delegates in the Convention in Scotland, iriie. 
ther it was agreeable to the original authority which 
wds given thero^ or not, their own ; they adoplad it 
by giving it their subsequent approbation. 

OentlemM, you will find, first of all, that they 
recseived a letter from the Sheffield Sodety, affiliating 
with them, in which it WM proposed to deteraune 
like Englishmen. 

After receiving a great deal of other corresponds 
^enoe, which I will not trouble you with reading, 
the societies here prepare to send delates to Scot^ 
land. Mr« Skirving sent a drcular letter opon the 
arrival of the English delegates to the delegates of 
all the associations in Scotland, wMdi wereeaitfemdy 
numerous, and very widely eatended { and I think 
the delegates of these different sooielies came togei- 
ther to the number of one hundred and eighty^ After 
sitting some time, Mr. Margaret, yoo will find, 
vrho was the delegate of the London Cbrrespcndiog 
Society, represents to the body there met^-i^^' That 
^^ the societies in London were very numerous, 
^^ though sometimes fluctuating; that in some part 
^' of England whole towns are reformers ; that in 
^' Sheffield and the environs there ar« fifty thousand; 
^^ that in Norwich there are thirty societies in one; 
<f that if they could get a Convention of E^g^and 
^^ and Scotland called, they might represent six or 
(^ seven hundred thousand males, which is a majori^ 
f ^ of all the adults in the kingdom.'* 

Yovi will find Mr. I^lar^rpt mpveSj^ that, pe* 



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* ' WfJ*''*RtAL OF THOMAS HAKDY. 263 

i4b€is to pttbltshitig an address to the puUic, a com* 
^tiktee ishould be appointed to consider the mesM^ 
and dravir up a'^plan of general union and co-opera^ 
tion — ^between what ? Not between any societies in 
4he* two nations^ but a plan of general union and co- 
operation between the two nations. In thdr GOnstttiJh> 
4ion8l 'pursuit of a theoiy of parliamentary reform, 
fh^ style themselves a Convention, and this, Gen* 
tfenleii, is extrethdy material for you to attend to; 
tliey style themselves, ^< The British Convention of 
^^ the delegates of the people associated- to obt»a 
'^ universctl suf&age and annual Bfirliliments.** Then 
I ask what is a Convention of the people aocoitU 
wg to these societies ? According to the proceed*- 
ings in Scotland, a Convention of the people is la 
Convention of the delegates from these societies in 
England aud ScK)tland. 

> ' They assort that tte peq>l& have in thMn all civil 
and political authority ; and they/ repeatedly, again 
and again, from the moment tViat this Convention 
was formed in Scotland to the moment of its disper* 
ftion, more especially at the time of its dttpersionj^ 
more especially still from the time of its dispersion 
till the time of a meeting on the 20th of January, at 
the Globe Tavern ; and on the 27th of March, when 
another Convention was prop6sed, as I seated at the 
outset, they repeatedly and in the most pressing 
terms state that now or never was the time, when 
the people were to meet, when they were to act by 
their own force, when they were courageously to 

s 4 

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pre|»m.tfaeiiiaelv«8 for the event, nMt-ta nhepir tktm 
yi^jma tboy cajlecl tbeir (^preiwrs &ik) p|an4ef«v% 
tbat ifaey vme a brnw people, 19 iwhpm ¥»lMr jivfif 

. Having tinid met (dgetfaer, upodthe piimipiet^ 
Ifae brooch #)«tefn, which took pbee iip6atht Uttll 
jof At^u9t I7g2« thf^ proceed dir^ytfO^ihe.Fkendi 
INWtices, ivbipb took plade theil i» ^ N^tioMd 
^tmUy 0f ^nnee^ Uiok pleoe then bm»m^ ^ 
y^Qple of France wo^ understood ta be r^prefemMfl 
A>x A Convention ; these d^kfites lidcing upon ttaH»- 
i^^lri^s also to be a Convention ^ the people, they 
4)«(tituted Primary Sacktm, they divided the ooeiv 
liry inio depurtmma^^ they appoiirted iProiMcte/ w(^f<^ 
'^ei^blies, they have QmmiUiM of C^iioe» they thenk: 
ifpr p^rwtie dona^MiMy they ^urawif M ^fkpp&, the|r 
appoint a Secret Committee to be calk4 together 1^06 
extraordififtry ^meiigfeBCies ; and upon the jlith of 
iNovetpber 1703| they come to a resoliitidn, to wbidi 
X iB^ust b^ your most smous attention* 
. Crentleoien ef the Jury, yon vrA Maendier that 
they wti)t with amtfaoriti^, whbh stated to tJiem 
that it was the duty of the people, whic^ people thiq^ 
had taken upon themaelves to represent, to reMt 
eny act of Pariiaoient, that should be made fcr ft 
particular purpose. It is hardly, I think, to he eciii»- 
tended, that the great bulk of the people of tUs 
country, happy in their political eKistenoe, as cut*- 
doqbtedly they are, remaining happy in their poHtiool 
existence, beqiqse they do mt feel ff^wnoea ^tUl 



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9««'ii»ii4 d» 4«loMriA ttuft^Y. add 

Ibbf «l« ttft]^ :b^ ftidlgHMt indwtiy to Mieve 
ilm, tliey H^kisd), t m^aii to sdcfh a degree as to call 
<|v%ileaitet66 df ^{« fiort, cOiiM believe thatlfie Le*- 
gMAune ctf the couiitry, doing jdstioe to the sub- 
J€iMII#,"K4i«rii ttfs bdund to protect, wooki permit a 
piiWftjiting of *Ws tkid to go on— yet. Gentlemen, 
OMffMkig so nNM^ lis these perfeotis did in the sup- 
pbitsd^istdt^ oK'th^ 6ttmber in thlit country, and of 
tfao^^^^Mlid^^pe tote 'Connected witti tbem in this, 
fM ^itt^fittd fbat', "upon tlM^'Mth of November \tQ3, 
oM'df fh)s fersons bl&tertging to that Convention, 
Oti2en ^Sltielai^, ! tbwk, the members all standing 
ftp ttpG^ their feet, for the greater Solemnity of the 
thing, proposes this resolution—*^* Resolved, that 
^ *he -ftrttewing declaration and resolutions be in- 
♦^-Sferted at the end of our mitintes*-' That this 
" Convention*— notv if it he possfble to say that any 
Goitf^rA^ means to act as a Convention of the 
ptiy^j It'isf that whicfi sets itself abbve the Legisla- 
ture ivi <fee ^et it is doing**^^ that this Convention, 
^ cohMd(6ritig the calamitous consequences of any act 
^ «^ the li^^ature, wWch may tend to deprive the 
^ whole or any pari of the people of their tihdoubted 
^ fight to meet, ^^er by themselves or by delega- 
^^ Xkm^ to diseu^ any miatter relative to their com- 
^* ifiott krtcrest, Wh<*her of a public or private nature, 
•♦and* ItoMing the isame to be totally inconsistent 
*' with the first principles and safety of society, and 
*^ also subversive of our kqown aqd acknowledged 
*• coBStft^tiona! Jiberties,** 



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366 THE ATTOnXUSY QgNMMAJU'B .»n0m 09 

. Gemtlemeo^ permit me to cM your ottqpttioiiicr 
this, that this dedu^ion, in ita prindples, fidUowar 
tbeJnstructipns tM they had ceoeiyedj that, if any 
attempt was made to bring in a Convention bill, they 
ware then, to do so and ao. They then proowd thos 
^^" Do dedare before, God and the world, that we 
^^ shall folbw the wholesome ewmple of fimner. 
^' times, by paying no regard to ^ny act, which ahaU 
^' militate against the constitution of oor.ooantry**— 
That is saying, that the will of the Le^sbttire ia not 
a better judge of what is an act agmnst the ooMCitu* 
tion of the country, than the affiliated cluba at Edin- 
burgh--*^' and shall continue to assemUe and oonaider 
^' of the best means by whidi we can accompli^ a 
'^ real representation of the people," is that a Parlia^ 
ment? — ^^ and annual election, untir'—what?--* 
<' until compelled to. desist by superior force. 

'^ And we do resolve that the first notice given**— ^ 
The first notice— Parliament is not evai to diacuaa 
the thing ; but, if an intimation of it ia made in 
Parliament — \' That the first notice givw for the 
<^ introduction of sl Convention bill, oraiiy bill of a 
'^ similar tendency to that passed in Ireland in the 
^' last sessicn of their Parliament, or any hill for the 
*^ suspension of the Habeas Corpua Act, or the act 
^' for preventing wrongous imprisonment, and ^;aii»t 
'^ undue delays in .trials in North Britain, or m case 
^^ of an invasion.'* 

Gentlemen, I cal^ ^back to your recoUectton the 
letter of Skirving — I call back to your reooUeotton 



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nol only the letter of Skirvtng) but that the troops 
of liberty were promised to be sent with bayonets and 
pikes from that country, which at this moment was 
likely to invade us— -^^ or the admission of any foreign 
^* troops whatsoever into Great Britain or Irdantf'— 
If the Parliament of this country, for the purpose of 
protecting itself against that foreign invasion, had 
brought these foreign troops into Great Britain or 
Ireland, not being the troops of a nation with which 
we were at war, this Cofweniion of the people was to 
act upon the introduction of sud) foreign troops in 
the same manner as they would act in case of an in- 
vasion by those who were at war with us— what is the 
construction that follows upon that ?— that, even if 
foreign troops, to meet the exigence of an invasion, 
were introduced— ^what then ?— »** all or any one of 
^^ these calamitous circumstiince$**«<^«^hy calamitous ? 
they might be necessary fyr the yery existence of 
the country — ^^ shall be a signal to the several de- 
^^ legates to repair to sueh pboe as the Secret 
^' Con^mtttee of this Convention shall appoint, and 
-^' the first seven members shall have power**-^tQ do 
what ?— to do that exactly, wfai^ ii National Con- 
vention in France wouU do*--*** to declare the sit* 
*^ tings permanent*'-«iwhy ? Because the duly con- 
stituted Legislature of the country had dared not to 
do an aet, but to entertain a deliberation upon doing 
an act^-^the first notice was to call together this 
Conveniiop, and, being called tcigether, their 8ittin|^ 
W»e to be^en?>a«e«<. 



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site THB KT'nniBT OBNaERJEi's WIBOH ON 

lOcntfem^n, late the ipaitiM to -diis Comrerition m 
GcaDtiiaiil raoh men, BsmoM thmk of brittgtng them*- 
fleWes taptfyor it^ dfadhre thrir aktings :p€nnaiieiit 
n^icmfkaDfa ai^raamd, ia8they<sta(e4iere, iiamdy, th^ 
IsegiAiJtuite <i)f<a gneat country acting in the "execD- 
tion «if lAie igtest daties 'whabh belong to the LegkU 
Mature (rf that leotmtry, withoaii supposing^ by that 
wlmvA ifechma^n^ fthatthey'cofild coafce their meet- 
fogtefF6Ct«ml is7 4he acts ^vUdi ivere to be earned oo 
for1*e piirpp»6»df\pfwteiitrag>that Legislature froan 
(deHberatSng itpo* wch duties ;? By what acts could 
it be 8onc but liy exertiotia, as thty style tbem, in 
*be man wcr <tf tJieir *)refethera, *y force ? By affi- 
iliated BocietiJes, eaertiog their physical stowi^, that 
.phyaiarii e»Akai, idiich Mp- :foHovir observes is to 
!b« preceded X)t ipreekided by gprea&ig bsefiai know- 
'^ledge, andtbat twefd ionowleige beinglbot, wbtdh is 
't>o4)eat downvthe exi«tti»g aoldiorily of King, Lcurds^ 
-and'CJcrtnmotift* . . • 

^* The * Otinveiriipn tberefere resolfe, d«rt ^adh 
^^ delegatia Immediate^ on hisveturn fam^ doaoti- 
^^ f ^ne luifir (eDnsttkiiems> ^aiod explain to them 'the 
*^ ^necesmy c^ dedmg a ^ddlegaie or 'delegates, and 
^« ofe^tfibli^bingaHmd wiriioat iisHxy, against «ny 
^>0f thesejertiergeiiefes. Tor his-or their 'eacpense, and 
^ ^ilfbatthay Aoimtraorthe said delegate or ddi^tes 
><» to hold* theitJa^es ir^dy .^ 

JQenttemen, ^o^ee whatJthcy3wpeete(Hi*>nj die 
liCgyatwe— 1*>ey Jtnew4h« what they ^€i«4dta*og 
ought to proYoJ^e the Legislalwe m4pt mbit thty 



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mteiiit to fefiUd- likt l4gfilfl|Q«f^:^f^ : n^Jifm H^^ 

rtfi tffA^/ie wa^lofU.: weUrinigi»i Mr< Hardy m^mi^Ik^ 
be says in lotteci IshsHi prodnoeipDesebl^y^'tbfil.ifitlMl 
^ipQrtuikil/ isioat i*>w.,. ib is- Ipst.for evii9r<>r>w^ muflft 
act ttdr^ or wc. newer iteil4,» . HBvndg Bo^m maaon^bft 
suppdSjB tfift|: ihh Commtttte /w^nkl be. d^p99nedi» 
ftiey then wkh greal dirftnimtj^cQiDdttiWto^:!^ r^s^ > 
lution: •:'."..:..;;/.• I 

^' That the mdmenl^ q£ aogr.UI^I ^iapovsion of 
^ the Briti8h< Cewenttoir shall' hi coOMlei^' 9S 4 
^' smattiohs to the d6leg;stes t6 vepair tP' t^ place 
^^ of meetings appointed.for thi) iContfeHtMn of emei^ 
^ gecicy byiAe&cret Oommiltee, and that the Se* 
^eret OimdiiUxei faa fmtnetett without delay to 
^^ Iproeeeditd fii thepItteio£jMei^/* Gepllemen^ 
*Acr these msoiutioos it ftosame Mee^^ry to do a 
little monr, that », to declare upon; whut prinoi^es 
this Goiuralition.extaled.. Novr saark the piaiy cipfesi 
and da ywf coxxtitMj justioar tpply aoiin|U«hiof the 
obsemtionalfatti;! havejmiuie lo^.yw^ a& svo'woi^hDi 
yiotfr atteistioAy taw^hat I Ham belbre $|^ed as the 
iMeessof^ ddttoeKii^ti^ beiivecn! tint, ^fkC\fllfi> lind pr«c« 
1^'ofMt^.Pailie^and 06 these fiodettes* * 

OsNlleaniti^ these principkahFMght .together the 
IheMb (DMwMfibh^^wharft klibe practioe th«^5 tb«t 
Adw^ioiat^f thepriiicipltf ^ Wb^^it is the asseadhlii^ 
«f tttOsiilieMlittn. tipow pithxipiesLobUghig it tQi»t for 



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ijb nm Arwamt a<KttAt*8 nuMxsu out 

the purpose of dechriiqp tfiat the h^kklbofe ^btadl da 
aothiDg but what they liked: that is to ail intents 
and purposes a National Gonvention ; if not a Con- 
rentioD for an eternal reforoiy at ieast a Convention, 
that prohibits the Legislature to do any thing but 
Drhat is agreeable to thmi> Then, having met for 
tiie execution of the practice, tbey proceed imme- 
diately td the declaration of the ptinciple^boC tltisy 
do not proceed to a dedaratton of the principle til! 
they have done that str<xig and solemn aet, which I 
have stated : then they resolve *^ that a committee 
*^ be appointed to draw up a declaration'* — ^This is 
France exactly-^k is the Southwark Society in 1792 
•2~** a declaration of the tiatoral imprescriptible rights 
^ of man^ and that the same be prefixed, to 9n ,ad- 
^ dress to the people of Great Britain. That a 
'* committee of observation,*' that is, for the better 
eflfectoating the purpose that they had before :de«^ 
clured, <^ be appointed in London to give, the earliest 
'^ intimation of any motion of the kind mentioBed;in 
^* the foregoing resolutions to the difiereni«ocieties/^ 
You will then find tittt they met in a plaoe, whidi 
they call Convention Hall^ under the name of the 
British Convention^ and then they are informed ^hat 
the London Corresponding Sodety would) undertake 
to be that committee of observattou^ whichi they 
toy, ought to exist — and then you will find .^t the 
members mentk>ned that they had thousands of ^heir 
constituents in London, l^ieffiefcl, Norwich, Leeds, 
&c. and that the Convention was to look^t it9etf4M 



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TEB TKIAL -» THOMAd » HARDt: 9,f 1 

lii its true natttm a ewnmitee of ike people — that 
therefore it ww neoessary to bavis, as they haye in 
Fnmoe, Prmarnf- Sodeiks^ who shall be consulted 
^n other tworda^ that this Cooioiitlee of the People 
at Edinburgh, which was to overrule the Legislature^ 
wsisitselfto.be overruled by these Primary Societies, 
these primaiy^ societies tbetnsetyes being overruled by 
the leaders of the great clubs, from which they ema- 
nated^ syid m fonning iii this country a government, 
undo: the powertof a Jacobin Club, and that govern- 
nieot destrayini^ tlie present existing Legislature of 
the kingdooi. 

You ivittako find thdt, before these persons parted^ 
Mr« Mai^rot communicated toi his constituents the 
pn»oeedii^ of this body^ which he stylet alfvays the 
Comeniionif ithe Pea/rfe associated to obtain anniial 
Burliamei^ and Universal safirage* - There are let- 
ters which I shall fa^ before you^ without detailing 
tliaiD^ stating; that they locked up to the London 
Correspoiiding Sodety,.and the Society for Consti-^ 
tutional InformRliion«-*thdt tideir active exertions 
were necessary for^he accomplishing the projects, 
whidi.:tbey skttng in Edinburgh were to execute; 
smd then the two dei^ates of the London Corre* 
sponding Society write to Mr. Hardy, as the secre- 
tary of that Society, an account of their proceedings 
"-"-they give him sn account of that solemn motioh, 
and of the nmmss of making it, which I have just 
been detailing to you«-«*they state to him that they 
Jhid determined, to assemble in^ Convention in any 



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^i% Tiff ATHDtillfir OBiaBA&8 iPUffH ON 

iucH case^^-^b^i the e^pcmitnieat ctf febei|^aoe; \i^hidi 
is; a drci^^^tance I. beg jcmr rkmH sarkxis aiumtittd 
(o^ waakft tq 91 ^S^^/ C^miUee^i but ih^ntbef 
8i8;9d (o Utn Mr MomtAt df tfaie .aiotum^ infoifn* 
iQg hid) in tibe Ittiieth^^iimi ^^ ktlers convey bilt 
*^ v^ry imperfectly^ iiid \vslhi no ' gnat (fegrne' (rf 
'^ safety^ whfl4 we migbffc wish' 10 iflrfen^iciichf oili4i# 

Now wtittt da yott think it* is* thsfc4h0f iohy n^ili^ 
fi^^ htm q( in thi& letter ?-^Thejdo«o»^i»l2)ri]i^ htet 
in thia ktter^ becm«e tetlera< wIIj i|$* ooiHrey MtttU^ 
thing safely — that the Convention was t^mieimcms^ 
qf mvasicni^th^X vriaa a. mfcndt^ wdricb dkirMf not be 
busied to^ corresf^ondedod fay JttM«; mdr.becsutfe It 
^itislod in thiit Ei^ticNCi ^oAHcb/ ivai aiatJe^ emy^ attbef 
))Qr( ^ it beling coimaiaMcmtAd^ etten in li[^letftftp;' iths^ 
coilSfij^r it ctf" suck a nil^Bre^ thattthdjrr^temimiifbi 
tp> iiisert it evert in tli«ir o^n. mkiutiiB^: 1 / - : :J 

Thisl SeKiiet Conomitfee h^whg bMnr ailpiintffi^li 
tbe Scotch GoBVitiHioii; tiie^ iiiirl bsiiig j^omoMpiiiaste^ 
to'Cbe Ijpudoa Goffreapondin^ Sotrifcityi :b)ii theii< iMH 
g9t^ )rog wiU Hkewiae Bad ihat^M^; Siockiir^ thft 
^isi^9^te from the Consdtutionai $|adtity :to the>itty^ 
oi9ty at Edinburgh^ was BxA Miin<ttttfid ill tl»!tMi^ 
niiii^cation of it : he coiDiiAinicateartlieptoQeftdit^ 
»«4d^tres that a StcdeM ConnnittM nMjF btf afDpoiflMd 
in thai) St^ciety. It; v^as not^ longf^flcp ti^y th^e the 
wisely estertad powet of tiie ntagiatmiqfr of that eoi«MN* 
Iry dispersed that Gonventien* The digperfiiottr- «tf 
th^it Coni!yention> wbich^. fimn wlilit I batib^ belbM 



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TBB TBI^lt or. THOMAS HAitDYr a>73: 

Stated to you, was condeived to be a body that must 
then do its work, or its work never would be done^ 
suggested to the societies of this country the neces- 
8ifcy^i6f undertaking the same business, of undertaking 
it at Uije same ha2a)-d» knowing th^t the project mi^st 
^tber ;tkm be acoomplished, or that it nfver could 
theaceaftw be dttempted--fcH* that no government 
could permit such a Convention as this to meet, 
Whett lito ilatore was really understoody without tak- 
ipg'some means to protect itself against the conse«> 
quences of the-^Kistence of such a Convention. 
' €refHleaieQ> yoii will therefore find, that, after 
they, hjad beeri dispensed, and after, in consequence 
of that dispersion, some of them had been punished 
in jScotljatid, by sentences which were pronounced 
upon offences, not stated in the records of that court 
in so jEiggravated a way against them as they might, 
in ray humble opinion, have been stated, that it then 
became necessary that some step should be taken 
ifumediatdy to prevent the mischief which was me- 
ditated ; for you* will find, in the evidence, proposi-- 
tions in these societies about a rescue, which failed ; 
but you will find in their correspondence from Scot* 
land> and their correspondence from those ships in 
wbitph the members of the Scotch Convention were 
JDefore they sailed in execution of their sentences, 
Dot only the strmigest invitations to do some strong 
ACt^ in this country^ to both societieSi but, cm the 
other hand, the strongest and most unequivocal de* 
. roi^. fxu . T 



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274 THB Al^tdRl^feY ^B^iftAA'SSnSeH OH 

dahiEicin by both sociaiedy that thne itfspo^ a6U 
must be done. 

Getitlemeti, you ^vill find that h^fbr^ tiMy left 
Sco^and^ oj^on the i itfi of December J79By tho^ 
is a tetter fifom Mt. Mflrgarot tb Mr. Hffrdy td flbii 
effect-^^^ We r^t^yted yarn ktter and( remittttMe^ 
'^ ye^etday ^ and shaft be j^bd to teoeive aiiotber soeli 
" withoW dfelay, 

^' Ute CotireHtioi^ you will 6ee ha9 dteli/eii \t»af 
** permanent ; they are to sit in «0i«« other pch* of 
" the 6ountry, whfch k not yet deblared/^ 

Genilemen, Mr. Sinelair^ the delegate of Hie 
Constitutioitel Soefety, came ttr Londo«^ 1 have 
Before observed toybti, from ^letter of 6ei%ild unA 
itfargarot, that there were sonie thin>g9 f htlt (soutdi 
not safely be conveyed by tetter. Margarot writes 
a letter from Edrnbargh to the Fri^oner^ ki whtdtf 
he ^fs^^*^ My MUestgne Gerald aNo prof!»6se9 to 
^' leaver this plaee the latter end of fhjs, or tile be- 
*^ ginnifjg of the n^i Week : he will ti^iAh himself 
♦* to you : pray send him money for th» jiMrney^ 
'^ &c. He is rtow gone to Perth on very ufgftbt ba* 
♦* sinews. Since Smcfeir^s dej^arturt nothing Ae* huA 
'^ occurred, eicejpt the formation ^ ^ Society soim* 
^^ where about die Ofampiah HiRr-^^MfhfS abow^ tbift 
^rit of fra*ernizatic«^ii-i-^ fhtey hsN* already msede A 
^' subscription toward it; a^^ #1? sfre iiJtefn!i^#Ml^ 
^^ and likeT^ to lesle the* pb^, unfei0ldiis|»tflh tMl 
*^ inymediately.'' 

Upon the 92d of December 1793, ancflher letter 



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..TH» TRI'At* OP TH0MA9 HARDY. 2/5 

h written . tp Mr* Hardy by the wme. gent|eipan, 

whiphrprolpably led^ in 3onie degree^ to the traiisac* 

tians that I have t9 state, a3 having pas^^^^ in January 

•J 7941;. for, after stating what had happened to hinfi^ 

fglf , in Scotland, h^. $ays^^" Sheffield has on this 

/^9^$joo exbiWted a most manly spirit'* — The 

fShf^^l^ Society h^d at that time sent out some ex.- 

4:fij^^iYely itroBg rosoliitions^ whiqh I shajl give you in 

evidence in tlie course of this business — '^ I am ei- 

1* Irentely mprtifipd to find so great a difference ^be- 

^^ tw^ them and the London Corresponding Sp* 

.5*.cipty $ it is noJt however too late. For God's sake 

^f sen4 forth some very strong resolutions^ and aboy^e 

«'^. ^1,. talk of impeachments, ^nd of petitioning th.e 

^^ Ki;ig to remove from their offices those persons 

'f .who have thus violated the laws of the realn)." 

YfW will find from :p .l^tt^r of the 24th of Decern- 
befi that Margarot, a delegate froni the London 
jSocurty^ a delegate of Norwich, and a Mr. Brpwi^, 
^o w^s the delegate from Sheiffield, had g;one to 
attend a gpaeral meeting of the Society of the Frien^ 
of Freedom in East Lothian^ and then the expressio^i 
i^-^" Tte time is cpmff thai we must show our^dvpjs 
" Wirthjf qf Uberiif^ or deservedly lose it. The op- 
^' poftitiott of our adversaries is demonstration of tbp 
" jprj^ripty and efficacy of the ro^s which we havp 
'^ employ^ to obtain it.'* 

Upon ttje ^7tb£>f December 4793, you will find 
Mr. Margarot states that Mr. Gerald was gone to 
Pifrtb ; Ihat >e Jbifix^elf had hc^i) in £^ast Lothian ; 

T a 

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176 THE ATTORNEY GETTER AL*8 SPEECH ON 

that they had been well employed ; that they must 
send out spirited resolutions ; and you will find, that» 
upon the 1 1th of January 1794, Mr. Hardy^ writes a 
letter to Norwich, relative to the proceedings t have 
now been stating, the Constitutional Society firsts 
and the London Corresponding Society afterwards^ 
having in their public acts approved every thing that 
this Convention had done. Mr. Mard/s letter runs 
thus: 

•^ I have just received a letter from Citizen Mar- 
" garot, at Edinburgh, with some of the Edinburgh 
" Gazetteers, where you will see that Citizen Skinnng 
** is found guilty, and sentenced for fourteert years 
** transportation to Botany Bay. Margarot's trial 
" comes next ; he meets it with great firmness and 
" resolution. I have no time to make my cdmmenta 
^ on the proceedings, but I think our opponents are 
" cutting their own throats as fast as they can — N(m 
** is the time for us to do something worthy of men .• 
^' the brave defenders of liber ty^ south of the English 
'' Channel, are performing wonders, driving their 
" enemies before them like chaff* before the whirlwind. 
'^ Margarot tells me that he has not time to write to 
" you just how, but he hopes to have time very sobn^ 
^'^ when his trial is over, and immured in a prison. 
** The London Corresponding Society is to have a 
" general meeting and an anniversary dinner oa 
*' Monday the 20th instant, at the Globe Tavern^ 
*^ Strand." 

Gentlemen, you will find that Mr.' Margarot, this 



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, . THi^ . TRIAL OF TKOMAS RARB7. ajH^ 

^eg^tf .with whom Mr. Hardy is thus in corre- 
qpondence, writes to the Norwich United Societies-— 
^* This morning ten ship$ of war have left Spithead 
** for tlie Channel ; and it is here reported, that the 
" Brest fleet is out. Run>pur, always magnifying 
" thiqgs, says there are seventy sail of the French at 
** sea ; if so, there must be a number of transports 
*/ among them^ and a descent may probably be the 
** con^eguence—for God's sake, my worthy friends, 
•/ do noi relax in the cause of freedom ."^^ — Now what 
connexion had a descent with the cause of freedom ? 
— '^ Continue as you have begun ; consolidate your 
*^ own societies— unite with others — persevere, and 
^\ m^ke no doubt, but, sooner or later, your endea^ 
*^ vours will be crowned with success." . , 

. Gentlemen, I come now to state t6 you the pro- 
(pepdings of the year 17Q4, as far as they depend upoa 
written evidence ; and it must be a satisfaction to the 
mind of every man who hears me, that, in the 
cqfirse of this business, whatever observations may 
arii^^upon the p^rol. evidence that will be given you, 
X think you wiiJ find so strong a confirmation of all 
3'ou are to hear iq the written evidence that is to be 
laid before you, that these observations cannot pos- 
.^bly mislead you from coming to the true conclusion 
upon the whole of the evidence, whatever that may 
be. 

Gentlemen, the Constitutional Society, having 
sent their delegate to the Scotch Convention, you 
williijpd that, at a meeting of the 17 th of January 

T 3 

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179'*, t^^ following resolution^ t«rere come to, to 
which I must desife your particular attedtiOfi, ttiotft 
especially as there are some circumstances belonging 
to the composition of those resolutions, which appear 
to me to be worthy of attention. I have before told 
you that these resdlutions were usually drawti from 
minutes — th^ original minutes still exist, andpertiaps 
they show that discretion, with which tneh arc some* 
times ^ble to state, in different wayfi, prededy the 
same thing : I say, that these resolutions of ftie i J^th 
of January 1794, were meant to excite the sutgectt 
of this country to resistance, 

** Resolved, That law ceases to be ati object of 
^ obedience, whenever it becomes an instrument d[ 
•' oppression. 

•^ Resolved, That we rfccall to miiid, wiA the 
•* deepest satisfaction, the merited fate of the inft* 
^* mous Jefferies, once Lord Chief Justice of Eng- 
** land, who, at the aera of the gloriQuS Revolution^ 
** for the many iniquitous aentences which he Mi 
^* passed, was torn to pieces by a brave and injure^ 
'* people.*' This is applied to the Judges of ScOfe 
land, who executed the law upon such facta as I 
have been stating. — " That those who imitate hfc 
*^ example deserve his fete'*-^this sort of intimatioft 
might have a tendency, I hope it had not, to pot ih 
any peril those who did, in the regular course, and 
in the due course of their judicial duties, pass those 
sentences, to which these resolutions allude. 

" That the Tweed, though it nwy divide couh- 



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'^ ine0» oifigbt QQt, a«^ doe8 oot^ make asqparaUoa 
^^ between those priociples of coxmoon severity ia 
^^ >¥Mcll Epg^isbwep) %od Scotcfaioea are equally mr 
^^ terested^ 4b?(t ioji^tice in Scodaud is injustice ij9 
^' England ; ^d tbat the safety pf E^gli^hmen is enr 
^^dangered^ Hfbeqever tbeir brethren in Scotlanc^ 
^f for a^^o^idoct wbi(^ eatkles them to ihe approba^- 
** ticyi cf ^,wUej md the support of all brave men, 
^^ ace aentenced to Bojtapy B^y, a pumshment hilheis- 
'^ to iaffioted oi^y on felons. 

^' Th^ we se^ with regret^ but we see without 
'' fear^ that the period i^ fast apifiroacbiipg when the 
*' liberties of Britons*' — ^this was in Janupry—*^ wust 
^^ depend* wot u|ioa ^^^qb^ ito iirifiich they h^vfi long 
^^ appealed, nor <]ia t^^ powers of expri^ssicig it, 
^^ but on Ijbeir fkm 9nd undauqted resolution to op- 
^ p9j^ t^nny by #ie ^ame /niean^ by ss^icb it is 
^'^soerci^/' I)fowi¥iMist)hetyraaay? Theex^- 
^iseof^hei^^guterg^ver^OM&ntof/ljhe.co^^^ Wh)at 
» Ihe loewA by wh^ <t is ei^ercised ? Tlfie applic^- 
lioo of the fMroe pf t^^.equptry in i^upport of the 
gammmfixA of the cw^rji^ Wh^t is this resol^i^i^n 
th«^ Why,. *li«t itbe mfai^.whiqh *he Gpyewvnciit 
tai:i» in the «sgttter ©wrqife pf ^^ ftuictiQnaj ought 
maw iQ be waifltedr^^MWiej^ee it with !:«§<•«*, bpt do 
'^ not 'ace- it w^b 'ftnji fejw:/' 

iTh«t ft jbce^ab ^f All^i^fM}e jvfis contemplated you 
.qaftjpiave(M> ^m^kfyrifO\k will pee i^p tbi^ origk^bof 
liiis, f^t i| i^li^ ,t^ A- . thta^a. '^ ^f^ : allegianae and 
f^ f«xi|^Man.«4«^¥§qySftt9l to beiaAot)jfct 

T 4 

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280 THE ATTORNET GENBHAL'S SPBE0B OK 

** of obedience, whenever it becomes an instrnment 

** of oppresrfon." — Couple that, as it stood originally, 

with the third resolution, and what is it ? Why, it 

is— That the protection, which was due from him to 

whom allegiance is due^ has not been aitbrded; 

therefore allegiance is no longer due, ^* We sec 

** with regret, but we see without fear, that thjB 

'' period is fast approaching, when the liberties df 

^* Britons must depend, not upon reason, to which 

" they have long appealed, nor on their powers df 

f* expressing it, but on their firm and undaunted re- 

f solution to oppose tyranny by the same means by 

f* which it is exercised." 

You will also find that it stood, ^^ that English- 
• f men feel the oppression of Scotchmen^ which th^ 
ff are determined to resist at the hazard of their 
f^ lives." — You will find the last resolution, in the 
pinutes, comparing the genuine representatives of 
this country, in the House of Commons, with this 
Convention in Scotland, which Convention in Scot- 
land had taken upon itself to resolve upon resistance 
"to even a motion, in either House of Parliament of 
this country, in the execution of theii; duty, thoa: 

'^ That we approve of the conduct of the British 
f ^ Convention, who, though assailed by force, have 
" not been answered by argument^, and who, unlike 
^* the ipembers of a (^rtain Assembly, have no in- 
^' terest distinct from the ^pmmon bocfy of the 
♦' peoj>le"— The words otiginaUy stood— ^who ^' be-^ 
^< i)ig the incorrupt representatives of many MoM^nub, 



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TSB TRIAL OF THOMAS HABDT. 28t 

^* hare spoken the language of truth and firmiwas.'^ 
Can I make this Court the instrument of conveying 
to the public, what I confess I do most anxiously 
wish to make it the instrument of conveying to the 
public, as far as it is fit, in the execution of the duty 
that I am now discharging, that they may under- 
stand what it is that men, when they are scattering 
these libels through the country, mean — *^ This 
^^ Convention, assailed by force, have not been an- 
<♦* swered by arguments*' — ^How was it possible to 
answer those by arguments, who were coming to 
solemn and sacred resolutions, which they did not 
even dare to put upon the faee of their own minutes? 
How were we to answer those by argument, who 
, were working under ground till they had blown up 
the government, and then say, You cannot point 
out that we have been acting ill, because we won^t 
tell you how we have been acting ? 

Upon the l6th, Mr. Margarot writes again, leav« 
ing them to pursue what sort of conduct they please. 

Then there is a letter of some importance of the 
2<8th of January, which is written to the person who 
stands at the bar — ^^ We have just received no* 
^* tice from the Sheriff to hold ourselves ready to 
^? depart at an hour's warning : we go by night ; tve 
^^ imagine to Newgate: look out (or us/' 

Gentlemen, you will likewisf find a letter from 

Mr. Margarot to Mr. Hacdy, of great consequence^ 

' as it explains many of the passages in the evidence 

between the aoth of Jantii07 1794^ anc| the time 



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%$% TRB ATTOUf BT QEimAt*S fPlACfl OV 

tbit those pemns were appnehwdcdL M^tfgiatrat 
writes from Edioburgh id this manner : — ** Arme<i 
^' associaticms are, I pereeive^ now aet on foot by 
^^ the rich ; wherefore should not the poor do tbe 
^< same ? Are you to wait patiently tiU twenty thpjir 
'^ aand Hessians and HaooveciaAS cq0»^ to cut your 
'^ throftts I And wili you stretch forth your laedv 
^* like iambs to the fantoher's kni^e, and, like lambs^ 
'^ coDtent yourselves with bleating ? Pray let me 
** hear from you sooo. Remember me to Moffiitt, 
*^ ^/Laify and Palmer, and all suffering hretbfmi/* . 

Gentlemen^ upon the 2Qd] of January 17'94, tbae 
waa a meeting at the Glebe Tarem ; ibet oieeting, 
which, you will permit me to observe, Hardy men- 
tioaed Sn hifi letter of the 11th of January 17^> 
which I before hawa spoken o£, wben he said the 
London Qvresponding Society were tobavse a genersl 
meetings and an amuversary diauM»r« <Mentlemea, 
the proccM^ogf of that day adll deserve your J^ery 
particuiar attention ^ 

^* At a geneml meeting of the LondDn Corre- 
^.* spondiqg Society, held at the Gkbe Tavern, 
^^Slrand, on Monday the 26th day of January i79*» 
' V Citiaen John Martid in thexiBair,T-^when.I state 
this to yod, I ought to aay that I shall proye. the 
Prisoner to have been pmsent, or to h«ve been con* 
wrcted with all tbe transactvons that I have, been 
jslatiiig'-*t«'^ the following address to ^khe :paopk .of 
'' Great Britain and Ireland, wasread and qgaeed tot 
^^ Ciiiaeifes, We find the nation inirohred in- « war^ 



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'' by iititiich» iti tti6 i^ocirde'<frol|eoMipaigti, iMifiMM 
*< numbers of ourcouti^nKn have been daoghtered; 
^ a vftrt eipeiise ha« been incurred ; our trade^ ootn- 
*• merce, ^nd nrnnufedor ie« ane almost deatmyed ; 
''and manj^ of our manufacturers and aitlate at» 
'* ruined, and tht^tf fatntliea atknrmg. 

*' To add to tmr affliction, we have reason to et* 
** pect that other taxes will soon be added to the in*' 
^ tolerable load of imposts and imposkiohs, with 
* which we are already overwhelmed, for the p«r- 
•* pose of defraymg the expenses whidh have been 
•* incurred in a fruitless crusade, to re-esl^Ush the 
** odious despotism of France. 

** When we contemplate the prindplea of this war, 
^*- we confess ourselves to be unable to approve of it 
^' as a measure either of justice Or tltscretion ; and, if 
" we are to form our calculation of the result, from 
*^ what has already passed, we can only look Ibrward 
** to defeat, tod the eternal disgrace of the British 
*'^ name. 

•* White we arer thus engaged m an extensive an4 
** rninous foriign war, our state tA home is not less^ 
^* deplorable. 

" WiB are every day told by tho$e persons wh6 
■^ ai^ interested* in sopportin^ the corruption fist, 
^^ and alt innumerable host i^f sinecure placemen, 
^^ that the constittrtioh of England is the perfection 
'^^ of 'human Wisdom % that •our laws fwe should ra* 
*« th^ say theif lawrf) are the perfection of justice ; 
^ ttml'lthlt '&i0t adftfitiiltrttkMi 6F those laws iti so 



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294 . TBS ATTOBNEY aSITUAt ft BfMWUL OV 

^^ imff^rtk\ and to ready, as to aftbrd an equal nmedy 
** both to the rich and to the poor, by meant of 
^^ which we are said to be placed in a state of absolute 
^' freedom /*-^The paper then goes on and reasons 
iip^n the state of the law in this country, under an 
exposition of Magna Cbarta, which gives as nearly, 
the true meaning of it as a man would give^ who had 
never seen it* 

^< If we look to Ireland, we find that acknowledged 
'^ privilege of the people to meet for the support and 
^^ protection of their rights and liberties, is attempt«^ 
<< ed by terror to be talcen away, by a late infamous 
** act of Parliament,** — That was an act to prevent 
Convention by delegates with dangerous objects. — 
" Whilst titles of honour — no— but of dishonour^ 
-^^ are lavished, and new sources of corruption opened 
^^ to gratify the greedy prostitution of those who are 
<^ the ifistruinents of this oppf^ssioji* 

^' In Scotland, the wicked hand of {ipwerhas been 
*• impudently exerted without even the wretched for* 
*' mallty of an act of Parliament /*-^A.piece of parch- 
ment justice they call an ^ct in the Convention of 
Scotland. — ^^ Magistrates have forcibly intruded into 
^^ the peaceful and lawful meetings of freemen, and by 
^* fot?ce (not only without law, but against law) have, 
<^ under colour of magisterial office, int^upited their 
^ delit^eratious^ and prevented, their assQcifttjon* 

^VThe wisdom and good condi^qt of tb§ British 

*^ Convention in Edinburgh has b^q such, as to defy 

^* their bitt^res^ ^Q^injjos .to.nai)^^tI)p.l%w wlyc^ thc^^ 



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*' ' " THS THIAL OP THOMAS HABDV. - !i85 

•^ have broken ; lie tiit^khstending which, their p^ers 

-** have been seiized and made use of as * efvideticb 

*** against them, and many Virtiioas and neritoHoife 

f^ individuals have been, as cruelly as unjustly, for 

•**'^ their virtuous actions, disgraced and destroyed by 

** infamous aiid illegal sentences of transportation ; 

** and these unjust and wicked judgments have tkeen 

^** executed with a ranconr and malignity never before 

'^'^^ known in this lanti ; bur respectable and beldvecl 

'^* feliow'-citkens have been east fettered Ihtd duri- 

*^ gecns, amongst felons in the hulks, to which they 

* ** were not sentenced. ^ 

*' Citizens, IVi all approve the sentim6nts>' ^ 

*^* are daily repeating the words for which thwe^oiir 

*^ respectable and valuable brethren are thus, upjtistly 

-" and inhumanly, suffering; we do associate'*-*-^mark 

•the expression — •* in order to obtain a fair,' free, -and 

*' full representation of the people in a house of real 

-*' national representatives/' — Now, did the Convene* 

tion at Edinburgh then associate for the purpoeie to 

obtain a fair, free, and full representation of the 

•people in a house-of real national representatives ? If 

they did, they associated to form that house of real 

^representatives upQn this principle, that they Were, 

-as Mr. Skirving cialls them, the people in Seotlarid, 

that they were to affiliate, and to associate thfemselves 

with societies in England ; and that, in that tiiateof 

affiliation and association, holding a Convention^ ^s 

they call it, of the People, from delegates of these 

societies/ and not from the peoplei — to do what?— 



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wby» to qieet as an A$89pbly» whiqh As^mbl; was lo 
fionlroi tbe Qpeniio^% of Parliaim^ ; of tlial Parlia- 
ment, which nwst b9 the represeata^iyes of tbe 
Ooqiitiooa.of the Natipa.; an eKpreafdopi which, by 
tii0 way» they never i}«ed» adapting generally terms 
of a different import^ ^* Seal Ni^tipnal JKepreaenia- 
" lives/' 

^^ ^re we a|60 willing to be treated as ielona ibr 
*'f^ pUMnfi^ this oiir inherent right' ^ whicl^ we aie 
^^ detenfiitoed never to forego |»ut with ^^^ lives, and 
*^ which nonebflt thietes and traitora'!r<-that is, per- 
sons acting in the regular execatiqR,of thefanctioos 
of magi^trb^yr^'* ean wish to withhold from os ? 
^^ oomMer, it. is ope and tbe sarne corrupt and cor- 
. *^ r tiptipg iti^enoej which at this tiope doouneers in 
^* Irebnd* Sootiandi^and l^gla^d;. fs^i you believe 
^^ that thoae^ who send virtoous Irishmen and 
^< acotchmen^ feuered with felons to Botany Bay* do 
<^ not iiiedttate, and ivill not attempt to seiw tho first 
^^ momenti to send us. after them; orj if we had 
<' not just cause to apprehend the same inj|;iuman 
*' treatment, if, instead of the most lonniQent dan* 
*^ ger, we were in perfect safety from itj should we 
^^ not disdain to enjoy any liberty or privik^ what- 
'^ ever in which our honest Irish and Scptcb brethren 
<^ did JEiot equally end fMy participate with us? 
<^ Th^if Cause then, and onrsi is the same^ and it is 
<' both ou«.<ioty and omt interest to stand <n- AM to- 
f^ gether." 

Gentlemen^ reoolleot the exf r^snoiaa that I imd 



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• vat m A4^ Of tiioBiA4 niKATw "SSi 

Co yon (hun Skimtig^s letter: '' wilf you w^it fiH- 
¥ birrodcs are eracted in eiv^ry vin^> attd tiU Mb^' 
^Bidked Hes^mis aiKl Handvemns are upon vi^T^ 
¥60 will DOW bee from the prde^ediAgd I am staftt^ 
tx> you^ that the Hmt uas c^iHe, that they were hor 
0tiiy piftaous but coutageoM etiongb to do an a(!t; 
which in 1792 and 1793, though they were vif1;«itotK9 
tooogh to doy they wtre not eburagisous enough to 
do* • ' . 

^^ You may ask perhap^^ by What Means abiil we 
'^ aedc redr^s^^ Weanswer,- that mto in a slate of 
V d\^ifhied foeie^3 dre boiitsA to fiedL redress ejf th^^ 
'^ grie^wices froA^ the laW^, m lomg as atly'reklresA 
^'. can be obiained by the Iftws ; but odr cbr^mon 
H Masto*^ whom we derv* (whose law ie a Im of 
^ liberty, ainld whose aervice k petftct freedotn)^ haft 
^^ taught tui not to ekpeet to gather grapes ^oni 
*^ thoi^^ of figafroM thistle : tue tkust have redresk 
^*ff4m our awn laws.^^-^Wtr^ they to be a CJohven- 
tion of the Pfeople, then, without making laws ? Tthey 
approve the whole eonductof the British Cionvention^, 
that would not hi otberi^ make laws, and yet were 
they not to make kws ? 

*• We fniM have rddreis frMt our own laws-"* and 
mot from other laws ;— the lawa of Great Britain arfc 
th«d dieseribed, — ** the laws of out plunderers , en6¥kie4^ 
*^ dnd oppressors /' indeed, if the Legislature of t'hek" 
oountry vvere their plunderers, enemies, and oppre^* 
dors, in their notions, it would be very dlfffeuk tto 
suppose, thdt they were to have redress from tlfc 



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288 THB ATTQRNET QXN«1AL*S SFEBOH OK 

laws of that Legislature ; but then it foHows, of 
ooijir^Q^ that they meant to have redress from laws 
made by some other body^ that bad authority to 
make laws :. and what that other body is, but the 
Convention which they determine upon, must be left 
for tbo3e to say> who can find it out.' They go on 
thentosay^ 

, * ^^ There is no redress for a nation circumstanced 
" as we are, but in a fair, free, and full representa- 
^* tion of the people/* — ^Now, here again 1 aA, what 
k that fair, full, and free repvesentation of the 
people, not mentioned to be in Parliament ? bat if it 
was, it would be precisi^y.the same phrase as occurred 
at the tin^e of the Commonwealth. But they take 
upon them to approve of the British Convention, and 
|o unite the two nations of England and Scotland, te 
be a British Convention formed by delegates from 
the dif&rent societies in this country, and professing 
to act as a Convention of the People ; I say, that it 
is that species of Conventiony whibh, la their opinion, 
was a faivy ffee^ and full representation of the people, 
in which, and which alone, they hoped for that re- 
dress, which they could not hope for from the Par*' 
liament of Great Britain, those, who were their 
plpnderers, their enemies, and oppressors* Could 
it be possible for them to suppose, that they oould 
mal^e Parliament the willing or unwilUng organ of 
bringing about this representation of the people to 
subsist by annual suftrage and universal representa* 
tiQu ? Could it have entered into their imagination 



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: TBS 7AIAL OF THOMAS HARDY. 289 

that those whom they call their plunderers, enemies, 
and oppressors, would ever become the voluntary or 
involuntary instrument of doing that which was the 
object of all these societies, from March 1791, till 
they werechepked in the execution of their purposes? 
, Then follows a resolution that will require likewise 
your very particular attention : ** Resolved, That du- 
*^ ring the ensuing session of Parliament the General 
'^ Committee of this Society do meet daily, for the 
" purpose of watqhirig the proceedings of the Parlia^ 
*' ment and of the administration of the government 
" of this country." This was to be published : they 
do not'therjefore venture to insert totidem verbis that 
ri^solution, which I have stated to you was so solemnly 
madCj and so sacredly sworn to in the Scotch Con- 
vention, but they resolve — ^^ that upon the first in- 
•^ troductton of any bill or motion inimical to the 
*^ liberties of, the people, such as for landing foreign 
*' troops in Great Britain or Ireland, for suspending 
*^ the Habeas Corpus Act, for proclaiming martial 
" law, or for preventing the people from meeting in 
'^societies for constitutional information'* — What 
the meaning of the term constitutional is, we can 
j«»}ge by this time — ^that upon any express motion of 
this nature, /^ or any other innovation of a similar 
*' UQtur^y that on any of these emergencies the Ge- 
,'^ neral Committee shall issue summonses to the de- 
*' l^tes of each division, and also to the secretaries 
,*^ of the different societies affiliated and correspond- 
*< iog'with this Society^ forthwith to call a General 
vot,. 211. V 

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2ga TH£ ATTOANEY GENERAl'S 8PRBCH OUT 

^^ Convention of the People ^ to be hdd at such place, 
^^ and in such a manner^ as shall be specified in the 
*^ summons^ for the purpose of taking sudi measures 
*^ into their conwderation.** They omit the case of 
invasion in this pubUcation. But what is this, sup* 
posing nothing had passed m Scotland of what I have 
stated to you ? What ! Is the legislature^ is the 
rule and government in this great country reduced to 
this state, that it shall find no protection in ^ ad* 
ministration of the law of the country against per- 
sons^ associating and affiliating themselves fot the 
purposes which they dedare here ? Is no motion to 
be made in Parliament for any purpose^ which these 
Societies choose to comprehend under the terms 
^ any other innovation/' without expbining what it 
means ? but what ? but that bodies of men are to 
come together^ claiming to themsdves the eivil and 
political authority, which exists in the natural aifd 
physical qualities of the people^ and then to contend 
that they have got a Convention of the Peopk ? 

Now, do they convene the people ? In feet, it 
will be said3 nothing like it. Bat they eall than* 
selves a Convention of the People in the very terfM 
that they use : the summonses ate tago to the 4^ 
legates of each meetings and also the secretaries df 
the different sodeties corresponding whh this fio» 
ciety, and no where ehe. For what ifmrpose? To 
<ja// a General Convention of the Pedpbf ISvsii, 
what is the meaning of all that/teflcing it ^ith ilii 
context ? It is this : From your hwis^^^te laws dT 



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TBB TEiUh OP THOMAS KAB})T. i^l 

you^ our plunderers, eHemi^, wd oppreMQFS'-^we can 
6xpQCt no relief: we do QOt mean to can^e to you for 
aimy : but we will wateh you, find if you dare to pro^ 
poae an iatiovatkin of wy iwt, we ^\\ call a/air^ 
Jrte, andjkll represeniutim^ 0/ tke people^^ Compofed 
pray how ? By deleg^tef froEp our sqcitftsfeii, (o seek, 
at a Genera) Goaveolion of the People^ redress froqa 
our own laws. It appears to me tbftt the refisoQing 
upon this paper is $0 whole and efitire, that it is 
cAit of the power of human ingenuity tp topch it. 

Then they resolve, " That a buudred thousand 
*^ copies of the Address to. the People of Great Bri* 
^^ tain and Ireland shall be printf (!•** T^n tb^y ipl^ 
low this up with the publicatKHI pf 4 great fB«|ny 
toasts; ai)d really, when one m^ntioQa ^uch a thing as 
toasts in the trial of a great national fai«9, ^\^^\i ^ 
ti»s undoo^tedy ia, one is afraid of its sinking ipt^ 
insignificfinee ; and yet thi$ 19 a great future in this 
cause. You will find that, previously to one q( thf 
moat seditious meetings whtoh wes ever hf)i^ in this 
coniiftry^ it was thought of importafi^if «n9ugh \^% 
iibiaf diould meet once^ twioe^ or thricc^y 41 ^tOsiT 
mhtees, in order to fiiame tOMM^ whifh wfreb^^ 
tsaiculated to Nkme their miQdc^, end to urgf |h9fff 
Ijotowaid, who were already en^gaged \% Ih^y^ pfo^ 
jeots«H«The Bi|bt# rf ManWr-h^vThf 9riti§l> 
^ QoimintiM r'-tr^' Swqoss t0 tfiff »iti|ft flf frepr 
V Aom^ agmnat whMosoftver <br«ctfdv* Th)% \%^ 
Httg die^war-ftagwiit whom weni tbn ^rm* fif fmtf 
ibmiiiwclid>intte9|naioni)fthMftfaf^ IFfiV 

w a 

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1Q2 THB ATTORNEY GENERAL^d Sl^BBCH OK 

remember they said that *^ the Elector of Hanover 
'' fliay join his troops to traitors and robbers ; bat 
^' the King of Great Britain will do well to remem*^ 
^' ber that this country is [not Hanover : should he 
'^ forget the distinction, we will not." They corre- 
sponded with the French in October; and in No* 
vember 179a, they state to you^ that the principles 
of their resolutions are those qpon which they meant 
to act — that Great Britain was now engaged in aw2|r 
— which they condemned— in which the arms o£ 
freedom, as they s^d,. had never been engaged oa 
the part of Great Britain. Then the meaning of the 
toast is obvious. Another toast was— -^^ The virtuous 
''and spirited Citizens now in confinement for. mat- 
*' ters of opinion." Now, these matters of opinion 
are acts all done in the long tissue and detail of a 
conspiracy to subvert the monarchical government 
of this country, under its present legal provisions 
and limitations. 

TheiMfiie of Mn Frost being mentioned — ^I mean 
him no disrespect in saying this*— but it is ta the 
purpose of this business to take notice of it — that 
gentleman was prosecuted in this country for this 
doctrine — '' No King, none in England, I am for 
*' liberty and equality every where." What was the 
coxisequenoe of that ? The judgment of the km: 
of Bkigland upon him waa, that he wa» guilty ofsa 
offence t he was punished : he has suffered that 
punishment^ and made an atonement to the kw: 
but these gentl^men^ who seat Mr. Frort wt& Mi^. 



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T8B TA1AL.09 THOMAS HAUT. aft3. 

BarloMr^ to state such doctrine to F«ince» and bring 
rach doctrine back from France, you w<U find 
they have a formal resoluticm that they yfiW sustain ' 
this Mr. Frost in all his persecutions and prose* 
cations. Does that mean nothing ? - If' Mr. FrOst is 
persecuted for holding doctrines in the country, 
which were to put the King out of the system^ is it 
no evidence of intention with respect to those, who 
engaged in such projects, as I have mentioned, that 
they do come to a resolution, in which they declare 
that the law, questioning the propriety of declarations 
6f that kind, amounts to a persecution, and that he 
oiight to be sustained against it ? 

Gentlemen, you will hear from witnesses, who 
were present, what the proceedings on the 20th of 
January, and the general complexion and nature of 
them were. Mr. Martin beii^ in the chair, and 
Mr. Hardy being present, who was a member of 
both these societies, an attending member in both of 
them, I will give you Martinis acoount of the pro- 
ceeding on the 22dof January 1794, in a letter in 
his own hand-writing, sent to Maurice. Margarot, at 
Edinburgh, who had advised, you will recollect, the 
London Corresponding Society to dome to some 
strong resohitions-p— who had ui^ged that nota is the 
time, that t$9o months in Scotland would do the busi^ 
ness, provided they did their duty in England. 
' ^^ My dear Sir, I dare say you think I have forgot 
^' you from my not having written to you, but you 
^ |uK>w my sentiments so well that it was punep^^ 

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2^ TH£^t*41»R««T OBNUliX'S WB^f^H OK 

'* mr^ fbt 11)65 wnA wooid probkbly 4itf e ^een iqi^ 
^ pfoflftf to s^ much on the soibj^bt of jOiAr f&ifu 
/* sion*^-^then he states someCHhig HboiH ^iv9te 
business. 

^ ^^ We had k mteting on. Monda^^^ I fvias.in the 
^' ^hiiiir-^tiie newspaper giues oiir zlumbem At 50^ 
^^ but we wem neai^r 15<K3: (irery ttuHg wa^ weU 
^^ dbnikictdd> that is to say r^ularly^ and tbe .pro- 
*^ ceerfings were toJ^ably boH, Mr, H^f^, I dare 
^ say, has sent yoia a copy of the <address iKKl4:asolu** 
« t46n. 

<^ Your conduct receives uoi¥er8ar9{iprcibationA 
^^ and though I at one time dreaded the waiH qH 
^* money, yet that is how ovet : those,^ ¥ftk& Qf^med 
*^ the sabsd-ipCioD at iirst, are fi0<(v piftM^gii^ handt 
^^ to the very bottond of their f&ditlAi t^nd sw^ar bf 
^< God yoa shall te supported virith iha la$l guinea*^ 
^^ we tnust have<another general meedl^ in ac^apel^ 
^^ or $ome large place^ and declare tbe purpose of 41 
^^ subscription, and I think we shall g^ .plenty of 
^^ tbi^ needful fbr that and other purpfos^s. Ham 
^* you read my letter to Jjopd ' ■■>■■ ■■ ■■ ? 40 JKMj in- 
^^ cline to try the writ of etror ? what do^(he:9%epteii 
^^ lawyers think of it, and ^hatdo yon tbtbk ^the 
*^ legal knovirledge of my countrymen ? I fipcnly b^. 
<^ lieve that the law is the only abienoe^ of whicb ti«ey 
*' know nothing. 

^^ The King went yesterday t6 meet Us Biviia* 
^^ ment*^— Hso now we have got tiofiarliamentof oursy 
thft people c^ this oountry-^^^ they sat till m fi!<>l0ck 



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tUM TKUL OF 7K0MAS HARDT, tQb 

^^ Ibis faorniag : the papers are not oul^ but I am 
^^ toM paly twelve membiers were for peace: I am 
^^ {^ the Minister has so great a nia}ority wit}|in 
^^ doors for the war^ md that tbe people hav$ 9 
^^ greater m^ority without doors against the wair 1 
^^ the swioisb rogues had the iaipudeiipe to write ^Ko 
^^ war' QQ aU the doors aad comers of the Kouses of 
^^ liO^ds wid Goauwms^ and they had mrOi the aq- 
^^<lacity to groao md hiss, wlule hUj^osit sacred 
^^ Ibl^es^ was passing to and froin the Houae-^oay, 
^^ I am ti^d, a wpoAaa^ moved and seduced by tbe 
^^ iQ8t%ati0fn of the devil, and tr^toroosty inteadiog, 
'^ &c. did in St. James's Park take off her patten^ 
^^ Mad threw it with aU her force at His Majesty, 
'^^ iiriierdby.the ^b&s of the state coadt was broken^ 
^^ and His ^^jesty put in fi^r ; God save the King» 
^^ for. if, 4cc.*A^ Gertdd 8ays"<~there he leaves it. 

^' The Society is iqiureastng n^dly, bpth in spirit 
** and fn numbers, and the rich n^iw b^in to come 
'^amfvigus, and to mt doyirn with i^leasure amon^ 
^f the honest men with the leathern aprons* 

^^ I could wiite to you strange thipgs, but I know 
** not bu$ ^his may be read by somebody before i| 
*' eomes to yonr brnds."* 

Gendemen, after this had pas9ed9 you will find 
that that Jetter was written by the Corresponding 
Society to theS^ety for Constitutional Information, 
which I iirst siientioned to you upon the ^7th of 
liferch 1 794, and now^ with your leave^ I will read 
^ part of it to you again. 

V i 



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THE ATTOJRNEV 0ENBRAL*S SPEECH OK 

' *^ I am directed by the London Corresponding So- 
•^ ciety to transmit the following resoluttms to the 
" Society for Constitutional Information.'*' I should 
teH you first, in the order of time, that the Sdciety 
for Constitutional Informiation distinctly -adopt that 
paper of the London Corresponding Society of the 
20th of January 1794, as their own, and order it to 
be entered upon their books ; they approve of the 
manly sentiments erf it, and they fully take it to 
themselves, to all intents and purposes, as if it had 
been a conjunct meeting of them both. Then>' the 
London Corresponding Society having held ^i& lan- 
guage respecting the Convention, and upon the 24th 
i^ January the Constitutional Society having Adopted 
the progect of a Convention stated in the address of 
the London Corresponding Society of the 20th, and 
the nature of that Convention being a Convention 
froip the ai&Hatfsd societies, to take upon themselves 
the character of a Convention of the Peopte, it would 
J)e surprising indeed if the Convention, wlScli they 
speak of on the 27th of March, should be a' Gohveri- 
tion of a difFereiit nature from that which tttej^ had 
both agreed to on the 20th and 24th of January— 
and with that observation I come again to this lettejr 
of the 27th of March/ ' ' 

*^ I am directed by the London Corresponding So- 
" ciety to transmit the following resojutions to the 
" Society for Constitutional; Information, and to re- 
'V quest the sentiments of that Society respecting the 
" important measures which the present juncture of 



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5PHiB TRIAL OF THOMAS HAR]>T« ' 2Qf 

•* affiiirs seems to require. The London Corre* 
** ^ponding Society conceives that the moment is nr- 
^^ riwef'— throughout the years l/pl, 17^2, and 
1793, they thought it was not arrived — " wh^n a 
'^ full and expKcit declaration is necessary from all the 
*^ friends of freedom — ^whether the late illegal and 
^^ unheard-of prosecutions and sentences sbaii deter-^^ 
*' mine us to abandon our cause^ or shall excite as- 
^ to pursue a radical reform, with an ardour propor^ 
*' tioned to the magnitude of the object, and with a 
*^ zeal as distinguished on our parts, as the treachery 
*' of others in the same glorious cause is notorious. 
^^ The Society for Constitutional Information is 
♦^ therefore required to determine whether or no they 
^^ will be ready, when called upon, to act in con-J 
^^ junction with this and other societies, to obtain a 
^* feir representation of the people, whether they 
^5 concur with us^ in seeing tbe necessity of a speedy 
^^ Conventibrt forthepurpose of obtaining, in a coh^ 
<^ stitutional and legal method, a redress of thosi} 
^* grievances under which w^ at present labour,** 
' Now, in the first place, with req)ect to the words 
^^constitutional and legal method,'V these persons 
have not much to claim upon the score of theefiect and 
force of the words '^ constitutional and legal method^ 
which appear, through aU their transactions of the 
years 1792 and 1793, and more particularly through 
the trsrnsactions of 1793, as they apply to the British 
Convention, in Scotland, to be thought consistent 
with the existence of a Convention pf such a charac- 



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Q98. THB ATTpBNBT 6£N&BAX.*S SFB&C|k OK 

ter as that had; and^ if it was their purpose to have: 
a Ccmveation of the people, by summonses to s&,^ 
Hated societies, that Convention to take upon UselC 
the power of the people, it is in vain that thej ttSk of 
kga) and coQStitatk>nal methods: it is in vain, if the 
iScAng th^y mean to do, and the manner of doing it, 
is not 1^;^ or constitutional. — ^Upon this letter^ 1 
aj^rebendy after what has passed, there can be no 
doubt what is meant foy a Convention : but it is not 
lefl tbene: for in the third resoiutton they state, that 
^.^ there Qi^t to be immediately a CquventUm iqfihe 
^^ i^l^ by 'delegates'**— mark the words-««^^ depicted 
** for that purpose from the different societiips of the 
^^ friends of Ireedprn^i assembled in the various parts 
^^ of this nation.'* 

Theft here is a ConventicKi of the same character^ 
of the same name, and the same oonsiUtutioni^ as that 
mentioned in the resolution of the 20tk of Jaaiiaiy 
1704* Now, to whom is this proposed ? It is pyo« 
poscfcl to that Conitituitional Society, wbic^ had 
adopted the addreas of the 20th of January t794, 
aod which had also stfid, by approving that addvess^ 
that they were of opinion that nedreas was not to be 
ehtained hjr the kws of England, but that they were 
to btoe redress against their oppressorsj^ fJiunderers, 
tmi enemies, hy their own laws-— by that sort m£re^ 
pmenwion ^ ihe^pe^le^ whkh is formed by a Con-* 
ventKifi ^ the P€0|>le, eummoned from those asso* 
ciated societies* Then what follows i;y>on it ?«-*« 
thou^ the ihmg is couched in phrases that are a 



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THB TRlkh OF THOMAS HA11DT« tg^ 

IHtle ambigdousi yet no human beings ju(%ii^ bo* 
neatly, can doubt the meaning of it; it ia, that there 
shall be this Convention^ to act as a Contention of 
the pe(^5 with the power of the people, having all 
cviA and political authority. The Prisoner is suffi* 
oently involved already, if such a Convention nevec 
liad been thought of; but then the two Societiea. 
fbmi a Committeis of Correspondence and Co-opera* 
tioo for the puqK»e of bringing tqgether that Ccm* 
vention, which they had said was the only mean, by 
iwhicfa Britons could enjoy their liberties, or protect 
themselves against tbe legititnate government of the 
ccttntry, including in it their planderers^ enemies,,^ 
^nd oppressors. 

Gentlemen, when I lay this evidence b^bre you> 
}£ I stopped here, I should he glad to learn why this 
k not a atep taken for the exteation of such a puipose 
as I faav« before stated — a step taken for canstitutix^ 
ahody, pr a step taken towards devi^c^ the means 
cf constituting a body which was, like the Conven- 
tion mentioned in the speech of Barrfre, to supersede 
lAie Ij^slature, to depose tbe King, to so^r him ta 
ham no existsnce, bat what their good wiU . and 
pleasure would allow him, against the wiU, as the 
language of the Indictment states it, and in defianco^ 
of theaiiihority of theP^iament — to depose the Kif|g. 
•«-4br, if these people have the sovere^ power, and 
tttfey must have the sovereign power v^on their own 
principto-^he King of England [cannot have it iq 
t|» mannier in which it is vested in him now. Hp 



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300 THE ATT6KKET' GKKEKAL*^ St'BBCfi ON 

was bontid to resist sach a project as this: He owed it 
to every good subject in his country to resist it-— he 
was Sfs^om to do it by the solemn obligation of his 
coronation oath-*-you cannot therefore contemplate 
a case of his acting otherwisa — the King being 
boimd to resistance for the security of the subject, 
andforthe sake of observing hisoaih> ibr the sake 
df continuing to reign according ta the terms of diat 
oatb^ according to the statutes agreed upon in Psr- 
luunent assembled, und ' the Jaws and customs of the 

But, Gentlemen^ I do not atop here: you will 
Sod also that there was a meeting iat Chalk Farm^ 
the particulars of which I will not state further than 
to say, that, when they are read, you will see that 
that meeting at Chalk Fartn was a step taken, in the 
fiirther . prosecution of the functions of that Com^ 
oittee of Co-c^eratioh — that it was a measure takai. 
lor the express purpose of trying the temper of the 
people, ^f seeing what they could do. by number^ 
That meeting was h^Id in April i 794, and it is very 
lemarkabie that it appears there were meetings in 
Other piarts of this kingdom; more particularly .it ap- 
pesfrd from a letter, found in the. possession of this 
]?risoner, that, as there was a meeting in the open 
air at Chalk Farm, so there were meetings elsewhere 
—it required Tigiknce— it required the interpositibn 
of some {Strong hand, by Parliament or otherwise, to 
piieserve you in the situation in which you now are: 
if it be the will of these persons that you iShall not 



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TRS TRIAL OF TH<nhCAS HABDT.' 301 

remain in it^ it is at least the duty of those^ who aite 
to ^atch over thecojantry as long as it can cixist, that 
it shall not be destik)yed by any fault of thisirs: but 
you will find there Were meetings in the opeaair at 
Leeds^ Wakefield^ Huddersfieid, Bradford^ Birstal^ 
and at various other places. This project of a Cpn- 
vention had been communicated to many parts of the 
country, and too many of them had assented tp it ; 
not only assented to it, but it will be proved, that 
the Prisoner sent a circular letter to the remotest parts 
of this kingdom (which I will now read), for the 
purpose of assembling this Qxivention, for the pur* 
pose of carrying into effect the project of this British 
Convention, the body of which had been dissipated, 
but whiclrwas still carrying on its purposes by mea- 
sures precisely the same as those which had existed^ 
in this part of the island. . 

You will find that the Prisoner writes this circular 
letter to all those societies; and the addressing this cir- 
cular letter to all the societies, shows that the C!on-* 
vention that was to be called was not to be a Con- 
vention of the people at large, but a Convention of 
delegates summoned from these societies, to usurp 
the character of ** a Convention of the P^/e.'*— 
^* The critical moment is arrived"— mark the: differ- 
ence of language; in 1793 the time is not yet come, 
men are not virtuous nor courageous enough; in 1793 
ihey eapected nothing from Parliament; in 1793, 
they jexpected every thing from the societies in due time; 
a^d DOW they assert that th ^ue tim^ is com^^ 



^ 



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SOS rWM ATTOtVBt OEIOBBAL^S SPfiXCH ON 

tkai thefidmit of time U came — ^' the critical mo^ 
^ meilt 18 arrived, and Britons must etth^ assert 
^ with nal and firmness their claims to liberty, or 
^ yield without resistance to the chains that mints^ 
** terial usurpation is forging for them. Will yoa 
<' co-operate with us in the only peaceable meaatare'* 
^-"^ very peaceable measure a C!onvention of this 
sort 1~>^ that now presents itself with any prospect 
^^ of success? We need not intimate to you, tbat^ 
*^ notwithstanding the unparalleled audacity of a cm*^ 
*' rupt and overbearing faction*' — ^now this corrupt 
and overbearing Action is the King, Lords, and 
Commons of Great Britain—" which at present 
^' tramples on the rights and liberties of the people} 
** our meetings cannot in England be interrupt^ 
** without the previous adoption of a Convention 
'^ bill.*' A Convention bill! — ^this shows the reasoA 
for their resolutions in Scotland about permanent 
sittings, and the meeting of another British Conven^^ 
tion, and for their language, which they held upon the 
20th of January i794; " a measure it is our duty t^ 
•* anticipate^— maiic these words—** our duty to an-» 
^* ticipate, that the ties of union may be more firmly 
** drawn, and the sentiments and views of the ^Sm-f 
** ent societies tkrtmghout the nation be compared'^— 
What was their object in this circular letter ? If, 
when the British Convention in Edinburgh sat, them 
had been a motion for a Convention bill in the fu^ 
liament of Great Britain, why, their object was thed^ 
we perceive, that of being ready at an hour's wamiiig i 



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THS TRIAL 0» TSDiCAS HABBT. 90$ 

ootmniinicating in all parts of the kingdom to didr 
iklegates that aolemn resolution, whbh had been 
made in the British Convention upon the 6th of 
November; they were instantly , before the prefect of 
rnadtk a bill could in Parliament ripon out of notice of 
a motion into a bill once read, to be asacmbled in 
fidinborgh to^ prevent any snch Ml passinjg; they 
aofemaly vowed to each other, hand in hand, and 
standing up, to give the greater solemnity to the de- 
daration, '^ that the momoit such a bill as that 
^* wis introduced into Parliament, they would resist 
*' it at the hazard of their lives/' Then what did 
they mean in this circular letter ? they meant that^ 
while as yet the bare expectation of a CoxMrentioQ 
IttU flMght exist, while, as yet, no notice of such a 
motion was given or heard of in Psrliameiit'^^that it 
wm their duty to anticipate what Parliament m^ht 
possibly think of. How to anticipate it?«— to antici*. 
pate it by means of a Convention: assuming the dia^- 
laeter of a British Convention of the Peoplie, but 
dek^ted from these societies^ to sit not at £dm'^ 
Imrgfa, but to sit at a place, aa you will find, which 
they durst not mune, and £cMr the puqx>se.of conducts 
idg idiis project with more security, as you ifiod by 
ifaaa letter^ to sit at a plaee that was to be loept 
Hcret, in order ^at the purpose m^t notle dimpt- 
feinteriL '^ A measure,'' they proceei, speaking of a 
Coowntion bffl, " it is our duty to anticipate, that 
^ ftbe ties of union may be more &ve^y dmn^ arid 
^ the aentimeoto and views of lliue difirent 



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80A TSS ATTOBN£T GSKnAI.*8 SPXSCff OlT 

'^ throogfaout the nation be compared^ while it it 
^ yet in our power^ so as to guide and direct the 
^^ future operations of the friends of freedom. Rouse 
^.then to one exertion more^ and let us show bur 
*^ consciousness of this important truth ; if we are to 
^^ be beaten down with threats^ prosecutions^ and 
^^ illegal sentences^ we are unworthy^ we are inca- 
'^ paUe of liberty ; toe mustj Jumever^ be eapedUimis; 
^' Hessians and Austrians** — here is the idea that 
came from Scotland again — ^^ are already among us, 
*^ and if we tamely submit^ a cloud of these armed 
^^ barbarians may shortly be poured in upon us.** 

The introduction of sick, men into this country &r 
thehumanepurposeof givingthem that air, which thsy 
could not obtain while on board a ship^ is made the 
pretext of this letter for stating that '^ Hessians and 
^^ Austrians are already among us, and, if we tamdy 
^^ submit, a cloud of these armed barbarians may be 
'^ poured in upon us. Let lis form therj^ anei&er 
*^ British Convention/' What was that Conven^on ? 
they expressly state it to be a Ccmmuion ofthepeopk^ 
and a Convention, which is to assume controlling 
powers over the Legislature. '* We have a central 
'^ situation in our view, which we believe would be 
<^ most convenient for the wlu^le island, but which 
'* we forbear to mention (entreating your oonfidenoe 
^^m this particular) till we have the answer c^'-« 
whom ?-^^^ of the societies, with which we are in 
^* correspondence.*! What, is that a Qmventicm of 
•the People? or of the societies assuming the cfaarac- 



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rtHS THIAI* OP THOMAS HAKDT» d05 

t*r of a Convenlion of the People ? " Let us have. 
•* your answer th§n." Now, give me leave to ob- 
serve how nearly this project was to being carried. 
iwta efiect — *' tiet us have your answer then by the 
*f 2)Qth at farthest, earlier, if possible, whether you 
*^ approive of the measure, and how many delegates 
*^ you can send, with the number also, if possible, , 
^* of your sodeties." 

? Gehtkmei>, thh will be proved to you to have 
travelled as fai^ as Stratbaven, to have been received 
thene, and delegates to have been appointed in con- 
aeqnenoe of the solicitation; and then, as in the 
Britioh.Convention, in the month of November 1 793, 
tiiiisr great project of calling together a body, which 
w88:'to|mt an end finally to the existence of Parlia- 
meiity iwas lo be ccmducted by a Secret Committee ; 
beeanae .tta operationjs, its assembling, and the means 
which wmt^.to be taken for it, could not be com«> 
mttti^ tp n^unbers, a Secret. Com mi tlee was then 
appotojt^* Tbtis letter ends>~^^ for the management 
^^c^rthis^ business wc^ have appointed a Secret Com- 
^ mtttee: y<>u .will judge 1k>w farjt is necessary for 
<* you to do the ss0^^** 

Gentlelmen, the: next proceedings were at Chalk 
Farm.: In these fii^oceediogs, it appears, they have 
stated ta tht Society called '' The Friends of the 
** Seople^" thisioe^sure of a Convention; that mea- 
anre ; the Friends of the People refused to agree in* 
ITou will£ad that, refusing to agree in that measure, 
at:the; meeting at Chalk Farm, when it was stated. 

VOL. III. X 

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3b6 TRB Aft*6RtrET «ENtftMr*« WSftCH ON 

thftt the Society of the ¥* riends of the People imiU 
not agree m ib^indeed^ agree in it they coakl not^ 
yt)o will find what was the reoeptton, whkh the 
dommuiiicatian of that information met with^-H4Bi 
imiversal groan from a large body of men, «noiittt-» 
ihg, I believe^ to a couple of thousand there as^ 
sembted. 

Gentlemen, this Committee of Corittponxienec 
and Cd-operat!on> yon wfH tmd, met; yoo wiH Aid 
that there is m the hAnd-writinj^ of the Priaoner, in 
a very short ttote, an accomit of what was done ^irfieo 
diey met; that one of the first steps towafcb the 
aecompFishment of their purposes^ was a obmnwiii* 
nation of the eorrespondenoes of the country aodetaes 
to those who were to be the delegates of the Cob* 
stittitkmal Society ; but the meeting was broke up bjr 
the apprehension of the Prisoner and others, mbiA 
has }ed, as I before Mated, to this pmsecutioii» 

Gentlemen, I ha^e before toM yon that I eon* 
ocived it was eompetent ibr me, as indeed I appie* 
hend without cpiestion it is, after j^rO^ingtbe conipi- 
racy, to show the conduct of the peiMM^ wiio^wsre 
parties in that conspiracy, in fufl^emiice of tile om- 
spn^cy, when ft ta proved. . You will flfid ttnt Me 
of the peraoM who attended tlie meeting of tiie 
lotfh of January I7d^> ttnA wtio was a very ieliva 
member of t^ Londo<) Corresponding flocialf , and 
likewise one of the Committee ^f CoffMpndmm 
and Cy^peration, wliieh I have aNadad \o m iliut 
final act of this businiesa; gives faiiMetf thia M- 



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iMium of the transaclTdns of the 20th ot January 1 7^-*, 
Md of other dreutfirtancei : this is Mr. Thelwall. 

^Mt fe With iftfittite satii^fetJlidn thdl dt last 1 te- 
^< eeived B letter from you; it wks brought this 
*.^ IttOriiing by Gilizeti Lw, and has b^fett delay^, 1 
« wn^^mdnd, this Fortnight at Rotherhithe by SOttie 

" I a« tot> well acquainted With mankind to be 
•* auf{>ri#ed> loo irtuch of a philosopher to h6 angry 
•' at the ibase and miisreprfeSehtetiori of mistaken 
*^ iftett I but I shall eHded\t)ur, as 1 Wish lo J)reSerVe 
«^ thi good opinion of a tiiiri whom I rfeftlgmber with 
'^ 0ile«ifii to tend you ^irch printed dbcunlents as 
*^ will prove to you ^ thatj itist^d of haViiig desferted 
" th*«auW of liba-ty, I hAvfe redoubled my 2eal, and. 
*♦ thAt A$r6 ife nok at thih tirtie in England a fiiah thai' 
*^ goes bolder lengths, and exposes himself to nlohe 
** diiAf*, ki the ^li»6 df libcirty, tten thyself. ' I 
*^ havfe bfeett fbr fdUr or fivt ttionthS past hlirldst the 
** M4i» libourer upoti Whofti Ihfe fatigue, thfe danger,' 
" imd th* eXertioM bf Ih* London Cdfi-espohdihg 
"8€*teti*j fb« only aVoNted S4ns Ciitbttei in the 
«•• riielfd^rij ha^^e rest^; arid hAi6 b66ri cJtherwise 
«< so Sdttve in th« can^e, as scartiely td hk^6 passed a 
^« w*k Without threats ind cohspiracieS frbin the, 
«^ Oo^^ftiiil^nt atid its purblitid adherents. liver 
«* mice the femdtlS, or ihfamdui, call it which you 
** will, proclamation of November 1792, t have been 
*^ f^Mcfuemifig dll public miferitings xi/hete any thing 
^* Wtttd be dOrte §tr dxpectfed, hav^ t)e8tt drying arid 

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30S THE ATXORNSY GKKBRAL S SPEECH ON 

^^ stimulating high^ and low, and endeavouring to 
^^ rally and encourage the friends of freedom. I have 
'' been constantly sacrificing interest and security, 
^' ofiending every personally advantageous connexion, 
^^ till Ministerialists, Oppositionists, and Moderees, 
^^ hate me with equal cordiality, and, if I may judge 
^* by their conduct, fear me as much as they hate. 

'^ For these four months, I have been giving po- 
'^ litical lectures and printing, and appropriating the 
*^ whole receipts, till the last fortnight, to the sup- 
^- port of our delegates to the British Convention ; 
^^ for the history of which I must refer you to Citizen 
^' Talbot^ whom I have not seen, but whom I hope 
^f to see before he leaves England.*' 
. He then gives an account of the meetings I have 
been stating to you, and of his lectures : then be 
says, 

*' Adieu. I will collect together what political 
'^ papers I can, to send to you when I can find leisoiv. 
^^ Do write to me ; let me. know something abopt 
'^ the state of politics and society in America. I fear 
*^ you are somewhat short of the true Sans CuIoUe 
'* liberty ; that you have too n>uch veneration for 
property; too much religion, and too much law.'* 
" I fear you are somewhat short of the truq Sans 
Culotte liberty," Now, that is, that you have too 
much veneration for property, too much religion, and 
too much law. 

Gentlemen, having ijqtw gone through the written 
evidence, I am to state to you some othen drcum- 



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f€ 



€1 



THE TRIAL OF THOMAS HARDY. 309 

Stances. I have not indeed stated all the written 
evidence, because you will have written evidence 
laid before you of stimulations, under singular pre* 
texts, to thesfe societies, to arm themselves. You 
will find, for instance, that if a debate happened in 
that Parliament, where they meant hereafter to suffer 
no debate, about the Hessians and Hanoverians^ 
they circulated among them papers, and it will be 
brought home to those with respect to whom it is 
stated, to this effect — ** The Ins tell us we are in dan- 
** ger of invasion from the French; the Outs tell us 
" that we are in danjger from the H^sians and Ha- 
/* noverians: in either case, we should arm ourselves. 
*^ Get arms, and learn how to use them.'* 

You will likewise find, upon this part of the case, 
that, after the dispersion of the British Convention 
in Edinburgh, after it was seen that the law of this 
country was strong enough to beat down a conspi- 
racy of that kind, acting by their mere naked num- 
bers, that it became then, in their opinion, necessary 
to the accomplishment of their purpose, to act with 
arms. 

Now, Gentlemen, where a general conspiracy of 
this sort, among affiliated societies, existed in Scot- 
land, Sheffield, Norwich, Manchester, ^nd various 
parts of the kingdom, all aiming at the same end, all 
acting upon the same principle, all involved in the 
same project of having a Convention from the differ- 
ent parts of the united kingdoms, it is natural that 
they should think of «rms: but, if the conspiracy did 

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not ^»isJt, It wouW f.?em ^ yery o4d th^ng thjit it 
should happw in f^ct, th^t, in thes.? differ^t parH 
of the kingdom^ in Scp(lei\d^ ip 3.h^ffi^l4st 4^nd iq 
|xH\donj^ we should find per^ns p.repariqg iirms of 4 
sortj^ and of a depomii^tionj^ which of [t^Ke y^dffs w^ 
have not he^rd of in this country, exQCipt as e^^stAng 
1(1 Frcince, and except ^s stated in ^ letter (row 
F^fance, wl^ich I have r^ad to you* 

^ut, Gentleipen, you will find», from th^ evidence 
i hay^ to offer j^ and indeed it is not surpri^ug tliat 
yoi^ shoMJd so find-r-aft^ I ^aU t^ll yop^ thj^t in the 
pock?t of one of the parties in tbis con§j)ijC4CV, bM 
distipibuted also in divisions uj the tiondo.n Qoxr^* 
sponding Society, were papers,, ia)pQrting thj^t ngqii 
the 1st p( A^ril 1794^ w^s Ijo fee p^rfo^nK^, *^ The 
^' Giiiljoti^ej^or Georgia ^(?^d in ^ ^Oftk^ti" papeil 
in vhich the sajcred persop of thfi ^\^g is SA^pofe^iji qfj 
and in which a)l prd.^rs of men, under lydiQrQu^.r^prQ^ 
sentatiQnsof theni to t.^eir country, were.dopi»,edtO 
Jamp-irons^ an4 to suspension ; aft^r I siiall taU you, 
th^t I am^ instructed that Mr, TheUvall cpgld, when 
retiring from Chalk Farm, take a pot of porter in.Ws 
Jiand, with a knife take off the head^ and. s^y, ^* TM^^ 
<^ I would ^erve all ICipgs ;" if you shogild find suc^ 
language used, I am persuaded yqii wi^l OQt be sur-» 
prised to find pikes in the hands of th^s^ m^n w4 
tjheir a^sopiates-n-to f}nd niuskets in the hands pf 
these nien and their associates, Po nPt, G.entlenjen, 
le^ us be misled by the gr^t dpctrine of tliQ gill pf 
^Righ^g* tbAt. ^v?ry man ^a§ ^ ri^ht t,q arw.s for Wl 



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TKS TJRIAL OF THOMAS 04IU>T, ^il 

oiwa proteotioQ — be has without question a right to 
conveoiait arms for his own defence; but the point 
before a Jury will be, for what purpose ha4 he the 
arm* ? If be attempts to say, that he had them for 
bis own defeoce~if he had them in feet for a worse 
purpose^ the attempt to colour the fact makes the 
£giet more criminal 

Gentlemen pf the Jury, you will find that Mr. 
Yorke, in the month of November 1793, willbt 
proved to have been at one of the divisions of the 
Lpndon Corresponding Society^ 8taUn|;, that he W4» 
going among the sons of liberty into Belgium* to brii}jg| 
iato this country the true friends of liberty. Yott 
ivill find that he \«as a member of the London Cor^ 
irespooding Societ;^, and constituted a delegate of tbo 
Constitutional Society to Scotland ; that he baa beeq 
prc^gftting at Sheffield the same doctrinei^ aa bis 
brother associates were propagatiqg in London ; thai 
be was there directing the form in which pikes 
ahould be made, to persons who were to make mck 
iostrameuts; that the persoi>8 at Shefiiejd enter into 
a correspondence with the Prisoner at the bar; thai 
tbey inform him that, these pikes are made ; that hf 
delivers the direction to persons of the Corresponding* 
Society,, in order that they may furnish themselves 
with tbese imstruments ; and that they were to be ' 
furnished from Sheffield to a place here, I think, thy^ 
Parjeot, in Green Arbour Alky, or some other place 
in this town; and that« if the apprehension of these 
persms heji^ ami at Shefiield, liad not put an end 

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3l3 THE ATTORNEY GENERAL*^S SPEECH ON 

to the further execution of the project, there would 
have been a large importation of these pikes into 
this pirt of the kingdom. 

Gentlemen, you will find that this idea of arms 
was carried further ; you will find that, for the use 
of this Society, a plate with figures, showing the man- 
ner of learning the military exercise, was engraved by 
8 Mr. Worship, a member of this Soci<#ty. You will 
^nd that there was a military Society in liambeth, 
and another in Turnstile, Holborn ; they were small 
in their beginnings, I admit ; but these things must 
be so in their beginnings ; and you will find, that the 
Prisoner at the bar gave to a witness of the name of 
Edwards, a direction of whom to obtain pikes at 
Sheffield. Mr. Williams, another witness, who will 
be called to you, who is a gun -engraver in the Tower, 
made muskets for the lise of these societies hi Lam- 
beth, and in Turnstile, with an [express protest that 
he should not be employed, unless he himself 
' became a member of the societies, You will find 
accordingly that he did become a member of them. 
You will find that they drilled at particular places. 
Gentlemen, I give you this outline of this part of 
the evidence, because I da not wish to enter more 
into the particulars, than to give you a general im- 
pression of the nature of the cpse which I have to 
lay before yon. 

You will likewise see, what is natural enough to 
happen, when you find in the book of the Society for 
Constitutional Information^ that Mr. Horne Tooke 



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THE ATRIAL OF THOlK AS HARDY* 31S 

eould think of giving notice, that he would move 
*"^ that two books should he opened, one of .them 
^ (bound in black) in which should be entered all 
** the enormities of those who deserve the censure^ 
^* and in the other, the meritsf of those who deserve 
** the gratitude of the Society/* You will not be 
surprised, if you should find persons in these aiiili<* 
a ted societies, of lower descriptions^ holding conver«» 
sations about seizing the most august persons in the 
nation ; if you should hear of their holding eonv^-* 
sations about the situation of persons in the House 
of Commons, And the means by which they ooold 
know their persons. 

Upon the whole, Gentlemen of the Jury, I shall 
now lay the testimony before you, submitting this 
written evidence to you, dalling witnesses, above all 
exception, to a great part of the ease ; cailfil^ some 
%vitnesses, whbm I now avow to you, you will find, 
were persons employed by Government to watch over 
the proceedings of these Soeieties, and who therefore 
became informed, in consequence of such employ* 
thent, of some of their transactions ; and Govern- 
ment would have been wanting to -itself, and would 
iiave been wanting to a degree of criminality, which 
no man can describe, if this country had at this mo- 
ment been in the state in which it would haive been^ 
if these pikes bad been brought into actual exertion* 

At Sh^ffieJd, indeed, I am told they had got to 
the length of forming iron instruments, which were 
$o disable horse, which they called night-c^ste, and 



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31^ THE ATXQRVIV MKWA)**! $9B««| 07S 

wbiob mxttd tmiMdiately ioaert thtnuelws mto the 
boofii of horseft* f<^» I nay^ i/k witb tbosa {»Or 
jacta goiof on in Ihff ^^QUi^try, n Secretary of Stttc^ 
or any oihttf porson ii» tho «quicQtive govennnept, 
had Iwaitated ft^momenl to proqqve uUprmation^ these 
ptt-ties. might beve been eMt^ to fxut ipto ei^ecutioa tha 
pii^ectft tjbry were tne^tftiiQgs w4 be would have 
been aDsweMibk for iU 

Gestiimien, H ia tbe great provUic^ of a British 
Jnry^ and Ood forbt4 these Fri^ooer^ should not 
bam.tbe faem£it of tbe f^f^^ticm^ that British Juries 
am able to preileet m ali^^veable ta aift the chi^ 
racters of witnesses^^to determine what credit is due 
to tliem'*<:^stemnf tQi^q ofgood ohaiacter without 
wmf impceasiOA against, their evideiu^fr-^li^tening t» 
vmB, such as I h«re a(«i!ed^ with a $troi^ imfweasioo 
^pttBslikhdr evidenqeii; tlhat iRipressioPt hoM^vetj^tQ 
be beat dQwo by the.opucurreut ui^iuspicioiu tatx^ 
iMoy arkuog out pf the. rest of the oaae» if» upou the 
isbde^ jmiisb^l iipd tbe case Iq be qoade out aa I 
havNi atated it ti^ yen. 

Gmi^ei»en» I l^igot to nation to you^ (hatyou 
will Ukfiwtse fied, abov^t tbe t^ that tbia Conveui' 
tioQ w^ talked of^ that there was^ a new cooatttutijcia 
4tao)ed, few the Cwee^^wdipg: Society, iiv which they 
jipeak o£^ m/aii^i as an enemy to. tbeilibertiea oC bi9 
camUjirrit tk demoerate, a« sklkmni tp^ the liberties 
«f bis ckmifttfy ; and ym yi'iW fiodj, tlpt^^ 'm » co9sti-» 
infeiDn again fewieediy tiie whole wa^ tbrowu inta^ 
nebepM^aitd: iiite )t sysy^^^ wi^ich waa ta ai^d pbjtr 



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sieal strength to the purposes of that Convention^ 
wbMn w%h I wHmtV toyqu, t^ i^siitpe, «U civU and 
p«K^k)rtw^bority. 

l( ^Qp |n4 a)t lliesei thHigs,^ md, if under the dw 
n^VMk of th^t wisdom that presides here> with 
ro^p^Qt tQ whiohsL GcpitlefiK^Q, let me say again> that 
thj^ siti^tipn of this coiintiry i« iQd^ reduced to 
4 fn^t Q[Mf€»;^bl& one, if the respect which is doe to 
th«» 9dinwisiiration of \h» bw^ ia aofiered to be 
Mn^H^Md. 10 wy m^pner, if the resped vhieh it due^ 
toidn^Hchnio^strillion of the law^ that admtnklvatkiti^ 
i^cjn p^l»^ 16 that h^t JMti^re of iheooaakitutloA 
^(M^r whioh w^ live, is deatroyedj^ fDisfsahte indetti 
qvust, he th^ sii^tion of your cpuntry ! H you find 
iM^ that dATQQtioR that the case, being proved i» 
faplbk t% aki9t madic out in. hm, you viU da thafc on 
^Hrlwlf ^t)M p^« wtMcb t» ddf to^ youndvm^ to 
^ RttbU«w to^ y^f pQit^ity> and thehMu 
. l^f)fk m t^ othfsr hand. if> after heamig this ca«i 
^\}ff. I^tiidi and at|«i^Aed Iq be ially proved^ ywi 
f})QuVJifa!« of QpmpA that it iai not proved^ or yo« 
sJMd; h* ^ll;^ c^ opmm kbat the offence ia not 
made out^ according to the halloumi iatefpretatica* 
^Ht}^ ataftu|«o| £dwardIIL; I say> then, in the 
wnstoiip^, { }fm^ fro«i aay heart, ia the praye^l 
Mifff^ th«kw «i»k«;€iat behalf of the Priaoaer, Goik 
««r4 (h» Ptj^Mi^ ft aafe d^v^raiiee ^ 



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31^ Tll£ TAIAL OF THdMAS HARDT. 

Bbfokb Mr, Erskine*s Speech for the Prisoner, we 
think it Nght to introduce a remarkable drcumstance 
that attended this Trial, namely, that, tt being im- 
practicable to bring the evidence within the compass 
of the longest possible sitting, it became necessary, 
ffOrh day to day, to adjourn the Court ; and the fol- 
lowing extract from the proceedings will show to 
what disadvantages, even with the indulgence of the 
C!ourt and Jury, the Prisoners* Counsel were subjected. 
The trial began on Tuesday, the 2dth of October, 
and the Court sat till a late hour on that day, Wed- 
nesday, Thursdaiy, and Friday, assembling at nine 
every morning. It is plain, that not a moment^ 
time was afforded for considering and arranging the 
yarious matter* to be observed upon in the defence. 
When the Court, therefore, was about to adjourn at 
two in the morning' of Saturday (being the fourth 
day of the trial), and the evidence for the Crown be- 
ing about to close, which would have rendered it 
necessary for Mr. Erskine to open the case of the 
Prisoner at nine the same morning, the following 
^logui took place : 

iV/r. Erskine. My Lords, this is the fourth day 
that my friend Mr. Gibbs and myself liave stood in 
a very anxious situation ; — there has been a most 
voluminous body of written ev^idetice, all of which 
has not been printed :. — copies of that part which is 
unprinted, have not as yet reached me : — there have 
been two days spent in hearing parol evidence ; and 
we (being but two) assigned as counsel for the Pri- 

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imM.'tUAh OF TROMIS HABIIT. Si IF 

ioner^ have be^n obliged to be constantly lengige^ 
in Court, in cross-extfoiiniog thd witnesses for tbe 
CrowQ s^-^and your Jjordships very well know^ that 
ihe cross-examination of the witnesses pnesents^an 
important; f^^ture of our case on the part of the 
^risoner^ ;,a gre^t de$d of which has Men npon me: 
ir^your Lordships must be. sensible that it was i»« 
ppssible I <:ould^ at the time of cross-^examintug s 
witness, Uke< any partiailar. note of what he had 
said* — ^W^hen the evidence for the Crown was near 
dpsing, I humbly -requested of your Lordships 
the indulgence .of ati hour or two to lode over, the 
papers ;-^ypur Lordships were pleased to grant my 
fequest, whiph I, considered as a personal civility to. 
pyself; but. i was prevented;, by extreme aickness, 
from availing myself of those two hours, fpr I wad 
ind^ so. ill, that nothipg Ijssa than a case <tf this 
magnitq^e pouid have broi^ht me into Gourt.**^ 
Since that tioie Lhav^ not had n^tiiral res^ not liav^ 
ing.gpt hqnie till between two and three. o*doek in; 
th« ixiorm0g,>nd having been here again at nine; soi 
t^t I eftnsajy with. a safe conscience, 1 have not hnl: 
sm opportunity of eyen casting my eye. upon ainyj 
part of the evidence, though I trust X have.sieoiie^i 
tbit^ of tJt^e geqeral : result of it ;in tny^ toind*— 1 
should hop^y ^n^r these cuipuinstaoces, that the Pri-; 
spner m^^t be indul^ with some op))ortuntty ix. 
my friend Mr^ Gtbb^ and flfty^elf to arrange our pa- 
pers, and consider them together as Counsel for the. 
prisoner, .brfore we are enlled *^P®^ to.mafce our de^. 



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«!• ami miwju tMr txoicjui : vamR 



§mo^ It«iiMBnafft0ll<>tt|i<h iMlbriUfMhM 
to the Jury oDly^ but Cfaiti wkM I A> adtli«9« thMi^ 
I ikiay prcrtnt to them . properly tt^ Pri&oneif'ft cMe, 
which depends mmh uj^ti the (arrMfMlletit of \hh 
ivMetice;'^ IM myself 4n hd tondfliM to dd tlik> 
either in a tt^Muet respeetfiil U> tA6 Qo«irt, bf fdT 
the safety of the Priwmr;^! do tiot #Uh to pfOpMf 
ny f»rticuiar time, but ttieit^y fo le^ve^tt to the iik^ 
4ttlgente ahd justice of tt»e Ct>uft, perftetfy ^ort 
thafcy when I kave it th^re^ I I^Ve it in a ^fe place. 

Zonl C/ti^ JiMice EyPt. I (M Ibe ivdght of 
your obiervattonft; of the difikelty ydder which p\i 
labour^ in aa ettraonfififtry dllM^ whitb «M fanrdly M 
jodged of b)r the cotttmoi^ mie^ on whi6b wb proc^ 
ia oa6te of tMs nature : the Court iM*^ of A di^pM{>i 
taoa la give you all the tndulgenee they pM^ly Hfcttti,- 
betauee there is a vast mass of evidenM ; the ttM 
arises out ctf the evidence, and it b fit th6 euti 
ahodld be thoroughly oan?a«ied<*^AI tli«f ^tM HtM, 
k iaoertainly notorioui that Ibe gMit bttfk bf tbAlf 
evidence has been in print a* gfHi wbtte, MMl I tm^ 
ito* believe that it has n^ been very Wett tonideNit 
aafiir as it has been in pritit^H^I aia §Ut« tUM HluW 
be iroderalood. 

Nxiiw t will tell you very fdirly^ if dw ^AeiikM 
wad onty the personal aoootntn<>^ioii tif ^miiMlf 
end Mr« Gibtw^ at the exptiw of the pdriMMl wn^ 
venienoe of .myself^ my Lofd^ Mhi hiy brtiltmn, I 
ani qnit^ aore «ve should h^e tio diffimlty in fh« 
aert'tfioe of our pevsonaf ooii?mieflee t-^lMt fbare i« 



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t g¥«at dttl more in the cmie^^^wt brnk a Juty who 

htve been thrown into the most arduous service tiut 

ever I sliw a Jury engaged in ; they have home it in 

a ttianner that does them infii^ite honour, and I hsM 

no doobt hot, that^ as far aa it is necessary thef 

ibotild contin^ue in the situation they are in, thef 

will bear it cheerfully.^ have aeen aucb a spedoled 

of their behaviour, that I cannot entertain a doobt 

of that ;'^4>ut Ciialt we oouU p^: you an absolute 

aaspenrioti of lite business in the situation that, we 

iire m, ufpon the terms of keeping the Jury in the 

situation in which they must be kept^ it a thmg that 

it is perfectly impossible for us to think of* Now 

this oocura to me, my brothers wiU oonsider of it ;-*^ 

I merefy iSirow it <mi for their (»insidehitioa.-^Yom 

ere men of honour, you will tell us whether yon 

teally 4o wean to oall wki^esses, or to take the caae 

ttpeta the groimd vepaa whicii it is iSready imdei«u. 

If you mean to eaH, witnesses, yoii nay call thcrotai* 

metww ; yoii may go on with the ease as far ia i^ 

WiH be Moessary for you to go on, to fili upiall lh» 

ikM ths« oaght to be filled up, leaving only a plit 

oi Sunday, tbe^ common tntervd of rest, withoiA «nr 

kefephig the Jury in a situation to do inothit^^n^-if 

yon do not mean to call witnesses, but mean to leate 

the case with the observations which arise upon the 

evidettoe that ia before the Court, ^e will go as far as 

we tan ; but if witneasaa are to be odled^ and yoti 

tieaira not u^ address the Jmy immediately, you miiat 

immediately begins to exaoiine your witnesses^ as 



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920 XRB TBI At. or THOMAS HARPTf 

nxM3 as tibey have doied on th)^ part of ti>e Crows « 
aod fill up the tim^ that wiU jntervetie between that 
tinife ukI the timewheQ you will be re^dy to go on 
with your address to the Jury. In that Way I think 
fve shall put the Jury under no unuec^ssery. hard* 
thips^ because, whether they hear th^ witi2^8$es 
before or after the 8peech> is a. matter df up inaport* 
imoe.tQ them. 

.Mr. Erskine. 1 ^ould be afraid to take upon my^ 
«lf the experiment of tryit)g a cause, particuferly of 
this magnitude, in a maocier totally di^rent.froii) 
Bny that has ever occurred in the annals of ^his 
coukitry. — I should be afrpid to begio an experiment 
of that sort, more, especially when CovuDseji in a'ca* 
pital case; because evidence Qom^awith infinitely 
snore weight (by which I mean the proper weigb| 
tevideiaceought to.have), from the hearing of i|t upoij 
•Ihe case when it is first stated by the Caunsd,: wh^ 
•18 .to support hi& ouise. by it ; miich of ,the effect of 
xvidenoe is lost,.<and much of it distorted by Ut^ 
across^esaminatiop of Counsel,' until the troe^beai^ 
Jof ithas beeii explained.-— I do not propose what 
can he properly termed a suspension of the* brial;: pr 
which can throw any sort of inoonvenienqe: upoti the 
Jury, which would, T am sure, give me as xiwch 
^a as any body in the world;— but yoUr Lordships 
will recollect that the Attorney Gc^^al in opening 
ius case (I am sure I think as. highly us }s possii^e 
:of his ability, and of the manner iti which he perr 
fcrmed his duty), but he fodn4: it JtecessarytQ speild 



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" TkZ TilAL OF THOiMAS HARDT. 321 

nine hoars in the opening of his case,— the Prisoner 
xnost unquestionably may expect an equal time, if it 
were fiece^sary, for his Counsel to take the same 
course in opening his;—- -and if I were thrown Upon 
it in the present moment, not having a sufficient 
reoollectionoftbe great points of the evidence, if I 
were put upon speaking to the Jury, at tliis moment^ 
I must taike that course of reading at great length, 
great nuhibers of papers; — whereas, if I had the op^ 
portunity of a few hours more, which is the nature 
of my application, merely to arrange my papers, and 
to select such as, in the judgment of my learned 
friend and myself, we shall think sufficient for our 
defence, it would save time.-^ 

Lord Chief Justice Eyre. I dread the explanation 
€^a few hours, Mr. Attorney General^ what fur^^ 
ther evidence have you to produce ? 
i Mr, jittomey General. I think njy evidence will 
not take up more than forty minutes. 

Mr. Erskine. I do not know whether your Lord-? 
Ihips 'mean to sit on Sunday ? 
» Lord Chief Justice Eyre. I shall sit late on Satur* 
ddy night ; I say nothing of Sunday. 

Mr. Erskine. I am literally at this moment, and 
have been all day yesterday and to*day, so extremely 
unwell, that I do nbt think if I were called upon to 
apeak for any length of time, I could possibly sup* 
port it. 

iii^Lord Chief Justice Eyre. I din easily think that 
to be the Qase, and it is a circumstance I am ex- 

VOL. in. Y 

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322 THB TBIAL OF VHOMA8 HABDT4 

tremely sorry for; on the other hsmd, I cfttmct htf^ 
card the situation of the Jury. 

Mr. Erskine. I should be sorry to put the Jury to 
any ihconvenience.-^I do not shrink frosi the busi<*i 
ness; I am extremely willing to endure any thinig^ 
but I assure your Lordship that my health is ex« 
tremely sufFering by it. 

Lord Chitf Justice Eyre. What is it. you ask for { 
' Mr. Erskine. As I stated before, tb6 Attorney 
General found it necessary to cdnsume nine hours i 
-—I shall not consume half that , time,-*-! think at 
kast I shall not consume half that time, if I have an 
opportunity of doing that which! humbly requeA 
of the Court, that is, of arranging the materials ift 
inch a matMier, that' I should be id>le' to make Only 
those observations which occur to me to be the GU 
test to be made, sis Counsel for the Prisoner* 

Lord Chief Justice Eyre. We have oiiered you 
an expedient: neither of you say to us whether you 
can accept it. 

Mr, Gibbs. With respect to that expedient, I haVt 
no doubt to say that it is utterly impossible for Mr. 
Erskine and myself, in the situation ia^ which Wearti 
respecting ourselves, respecting the Court, and re- 
specting the Public, and the Jury, it is utterly itnpoSt 
sibte for us to think of that, be(»use, if any thing 
adverse should happen when we havfe taken silch 4 
line, the imputation will lie upon us. . 
* Lord Chief Justice- Eyre. That it may not be ip 
your judgment a desirable thing, is very ^dl ; bat 



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7|(B TBUL 09 THOMAS HABDY^ 323 

H^ai ^ire is any other objection to it^ I cannoj^ 
agree to. Whether the case is taken upon the sum<r 
mitig up of the evidence, or whether it is taken upoii 
the opening of the evidence^ is as to 9II legal ppr* 
|p0se^ the, ssimp; I can see no difference: it may 
milipe g v^t difference in your judgment^ as to what 
18 the best manner and the best method of laying 
yoiiri^sis, before. the Jury; undoubtedly we are as* 
^tipg ^l%e Prisoner by putting the Counsel in a si« 
twti[0Q to do his business in the best manner^ by 
proposing it thus ; whereas^ if they were put upo9 
doiQg it tn the ordinary course, they would lie ur^der 
a peculiar difEculty and disadvantage. Mr. Erskine 
has not yet told us what he asks. 

Mr. Ershine. Since it is put expressly to me, I 
shall propose, unless the Jury profess it to be a very 
serious inconvenience to them, that instead of 
coming in the morning at the time we generally 
come, our coming should be at twelve o'clock, so 
that the Attorney. General can finish at one. Mr* 
Gibbs will have the goodness to take a note of the 
few facts stated by the witnesses^ and I shall be able 
by. that time, to come. 

liord Chief Jiistice Eyre. Then suppose we ad- 
journ to eleven o'clock. 

Mr. Gibbs. We conceive your Lordships will 
permit Mr. Erskine to open the case of Mr. Hardy; 
then our witnesses will be examined, and then I 
shall be heard after our witnesses. 

Lord Chief Justice Eyre. You will conduct your 

Y 2 

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324 tHB TltlAL OF THOMAi HAROYt 

base in the manner you think best (or the intereA of 
your Qient. 

' Mr. Erskine. 1 should be glad if your Lordships 
would allow another hour. 

Lord Chief Justice Eyre. I feel So much for the 
situation of the Jury^ that on their account I cii^ot 
think of it. 

Mr. Erskine. My Lord^ I never was placed in such 
a situation in the whole course of my practice bdbre^ 
with so many Gentlemen on the other side ; how^ 
ever, I don't shrink from it. 

One of the Jury. My Lordj We are extremely 
willing to allow Mr. Erskine another hour^ if your 
Lordship thinks proper. 

' Lard Chief Justice Eyre. As the Jury ask it for 
you, I will not refuse you, • 



It now being half past one o'clock^ on Saturday 
mprningy the Court (idjoumed to twehe o^ clock qfthjb 
same daj). 

The Court having adjourhed to twelve if clod 

instead of nine y as above mentioned, and two hours 

being spSit in ^nishing the evidence for the Croum^ 

'Mr. Erskine came into Court, and addressed the Jury 

as follows: — 



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Tl» TfiUIr OF THOMAS. HAJU)T. ^25 



GSKtXEMBN OF THE JUBY, 

, Bbfoee J proceed to the performance 

*.pf the moipentous daty which is at length cast upon 
.nie^ Ij desire in^ the first place. to return my thanks 
.to the Judges^ for the indulgence I have received in 
^the opportunity of addressing you at this later pe- 
.^riod of the day> than the ordinary sitting of the 
^Court;. when I have, had the refreshment which 
. nature but too much required, and 9 few hours re- 
. tirement^ to arrange 9 little in my mind that immense 
. qiail^r^ the result of which I must now endeavour 
J to lay before youp-— I h^ve to thank you also, Gentle^ 
men, for the very condescending and obliging man* 
.ner,, in which you so readily consented to this 
.accotpoiQdation:— rthe Cpprt could only speak for 
.itself, referring me to you^ whose rest and comforts 
^b^d been sp long interrupted. I shall always rc- 
^.meiTiber your kindness, 

pefore I advance to. the regular consideration of 
|bis.grec^t cause, either as it regards the evidence or 
^iyiheJaw^ J wish firsts tq put aside all that I find in 
thespgech of my learned friend, the Attorney Ge- 
neral, which is either collateral to the merits, or in 
which I can agree with him.— rFJrst then, in the 
j«AMB OF THE PEisoNER, and Speaking his senti- 
, nieats^ .>vhich ai:e well knovyn to be my own also, I 
cQDCiir in the eulogium \vhich you have heard upon 
^thepun^titution of our wise forefathers. — But be- 
'''''■' y 3 '^ "' ^ ' ' 



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ks 



«•. 



MR. BRSKINB'8 SPBECR OK 



fore this eulogiutn can have any just or useful appIU 

cation^ we ought to reflect upon what it is which en» 

titles this G>nstitution to the praise so justly be- 

istowed upon it. To say nothing at present of its 

most essential excellence, or rather the very soul of 

it, vi^. the share the people ought to hfave in their 

government, by a pure representation, for the asscr* 

tion of which the Prisoner stands arraigned as a frai« 

tor before you, — what is it that distinguislres the 

'government of England from the most despotic md* 

narchies ? What— but the sedurity which the sulgeet 

enjoys in a trial and judgment by his equals ; rendered 

doubly secure as being part of a system of ^aw vrhidti 

no expediency can warp, and wliich no power can 

abuse with impunity ? 

The Attorney General's second preliminary obser* 
vation, I equally agree to. — I anxiously wish with 
him that you shall bear in memory the anarchy whicii 
is desolating France. — Before 1 sit down, /may per* 
haps, in my tufn, have occasion to reflect a liltle upcm 
its probable causes; but waiting a season for such 
reflections, let us first consider what the evil is \Andtk 
has been so feelingly lamented, as having fallen on 
that unhappy country.— It is, that under the domi* 
nion of a barbarous state necessity, every protection 
of law is abrogated and destroyed ;— it is,' that no 
man can say, under such a system of alariti and lerror^ 
that his life, his liberty, his reputation, or atiy one 
* human blessing, is secure to him for a moment : it it, 
that, if accused of federalismj or nioderatisnij or in* 



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ioilMliif <fr of Whatever else tlie changing fashions and 
/actions of the day shall have lifted up into high 
jtreason c^inst th$ State^ he must see his friends, 
his family^ and the light of heaven, no more:7-the 
jBGCu$ation mid the sentence being the same ; fol« 
Joy^ing Qi^ another as the thunder pursues the flash. 
Such hfiis, b&BT^ the state of England^— ^-such f^ the 
state of France t-^iind how then, since they are in* 
.troducedito you. for application, ought they in reason 
,wd ciobriety to b^ a|:plied ? If this prosecution has 
Jbeen cofntnenced (as is asserted) to avert from Great 
.BritmnJthe calamities incident to civil confusion, lead^ 
4qgin its issues to thedeplpr^ble condition of France,; 
J call Upon you, Gen^tlenien, to avert such calamity 
.from falling. upon my Client, and through his side 
;iipon ^ours^ves and npon our country* — Letnotifap 
. Sttfler under yague expositions of tyrannical laws, 
jinot'e tyrannically executed. — Let not ^m be hurried 
tf^Vid(f t9pre*dQ0med eK^^tion,. from an honest ei^« 
,l^Usi9W),foi: the. public safety .-t-I ask for him a trial 
by this applauded c{H)stitutipn of our country : — I call 
:)Upoayou to. administer the law to him, according to 
;oi^r»oy)rta Wbo^^ome institutions, by its strict and rigid 
^letter. ' ^JJoweyeF you may eventually disapprove of 
any part of his cqnduct, or viewing it through a false 
.nledi|i0)>'n)^ think it eyen wiqked, I claim for him, 
.lisa^wl^ept of £nglapd, that the law shall decide 
vUppn Hs ericnins^] denopiination :—:I protest, in his 
^patneii^tnst all appeals. to speculations concerning 
;f30fw^^M<?n^f, w)*Bn the, law commands us to look 

Y 4 

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ilM UR. Bft8KI1fB*S SFBBCH ^H ^ 

only to iKTBNTioBS.—If the State be^ tbrotoMl 
"with evils^ let Fartiatnent admioister ti praspecike 
remedy y but let the Prisoner hold his life uudbb thb 

- Gentlemen, I ask this solemnly of the Courts 
^hose justice I am persuaded will afibrd it to roe* { 
ask it more emphatically of you, the Jury, who afb 
called upon your oaths to make a tr^e deliverance of 
your countrynoan, from this charge :A-but lastly, and 
chiefly, I implore it of Him in whos^ hands are all 
the issues of life ; whose humane and merciful eyeex^ 
^ands itself over all the transactions of mUnkind ; at 
whose command nations riae, and hW, and are rege- 
nerated ; without whom npt a sparrow falleth to the 
'ground y — I implore it of God kimself, Uiat He will 
'fill your minds with the spirit of justice and of truth; 
so that you may be able to find your way-through the 
labyrinth of matter laid before you, a labyrinth in 
-which no man's life was ever before involved, in the 
annals of British trials nor indeed in the whole hi^ 
iofy of human justice or injustice* 

Gentlemen^ the first thing in order, is to jack at 
the Indictment itself; of the whole of which, or of 
some integral party the Prisoner must be found guilty, 
or be wholly discharge from guilt. 

The Indictment charges that the Prisoners did 

maIi(^oitsly and traitorously. conspire, cdmpaas, ami 

imagine, to bring and put our Lord the King to 

death ; and that to fuUil, perfect, and bring to^efiect^ 

theii* m6st eyil apd wicked ^vfOiKt{that is ^ja^^ 



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THB TRIAL OF TICOMAS 1 HAXI>T. 300 

idf brhtghtg and puftiftg the^King to deaih)^ ^5 thcjr 
^' met, conspired, consulted, and agreed amongst 
** themselves, and other fake traitors unknown, to 
'^ cause and procure a Convention to be assembled 
^' within the kingdom, WITH INTENT—" (lam 
reading the very words of the Indictment y which I en^ 
treat you to follow in> the notes you have been taking 
with such honest perseverance)— "WITH INTENT, 
«^ AND IN ORDER that the persons so assembled 
*^^ at such Convention, should and might traitoi^ 
^' ouslj, and in defiance of the authority, .and 
^f against the will of Farltamient, subvert and altar, 
^^ and cause to be subverted and altered, the legi$^ 
*' latufe, rule, and government of the country; 
'^and to depose the Ring from the royal atate, 
•** title, power, and government thereof." This ii 
the first and. great leading overt act iq the Indicb- 
ment;*and you observe that it is 9ia^ cliarged tt 
being treason suBSTANTtvsLY and xk xi1ibi,f^ but 
only as it is committed in pursuance of the treason 
against the King^s pbbson, antecedently imputed ;-^ 
for the charge is not, that the Prisoners conspired 
to assemble a Conyentbn to bbposb the King, but 
that they conspired and compassed his dbath ; and 
that, in order to accom^dish that wicked and de* 
testable .purpose, i. e. in order to Julfil theiraiutroui 
intention of the mind against kis life, they con* 
spired' to assemble H Cbnvention, with -a view to 
depose him. The same observation applies alike to 
aU the other cpupts or overt ac|s upon the reoori^ 



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^dAth manifestly indeed lean upon tfit est^shf 

ineiit of the ficst for .their 8U{»porti becaiise t^ey 

charge the publication 6f. di(!^ent writings, and, the 

^rbviskHi of arms, not as iktinci offences, but^ u 

acts done to excite the assembling of the ss^oe 

•Conventibn^ and to maintain it when asseinbled; 

j^t abore all^ and which must nenf jbe i^go^eii, 

.because they also uniformly diarge th^se diffl^md 

iacta as conmiitted in fulfilment: of the sn^etivitofoiis 

•foipose^ TOBhrsG TH^Uii^ xo hbath^ . Tea 

iwill tlier^re hav'e threedistinct iniat|<^rjS| fw consU 

(deration^ upon this jtrial : First, .What #baie (if any) 

-the Feisbner had,, in ooilQert with others, in, assent 

;Uing any Convention or meeting ofsMtyects within 

^is id jig^om :«*-SecondIy, What were the acts to 

iio dohe by thtis Convention, when assembkd :*tt- 

^and Thirdly, What was the view, purpc^se, and in* 

4enlion of those who projected its existence*. This 

ihirc) jconsideration, indeed, comprcj^ei;^ or rather 

precedes and swidlows up the other twp; becatis^ 

tefore it can be material to decide upon the views of 

ihe Convention, as pointed to .thci subversion of tfa^ 

tnle ^nd.order of the King's political authority (evefi 

|f\sqpfa vk^s Could be ascribed to it, ^Dd bip^ght 

bomb even personally to the PrisK>ner), we shall harp 

lo ea^mine whether that criminal: conspiracy Bgarn^ 

the established ordeir of the cotnmunity, ^as lia^^ 

and engendered by a wielded coqteiupbtion to <^roy 

iihtnatutitl life and person <rf the King j «pd whe- 

,0ier the acts charged; and estabUsbed «bjr (l^^^eYir 



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t, wecezdone in pumumce and in Ju^filmaU of 
the same traitorous purpose. 

^ Geatiemen, this view <^ the object is not 01% 
correct, bat self-evident* — ^The subversion of the 
King's pditteal government, and all conspiracies to 
subvert it, are crimes of great magnitude and enorv 
mity, which the>law is open to punish ; but neither qf 
them areifie crimes before ^ott.— -The Prisoner is j7ot 
diarg^d witfh a conspiracy against the. King's; pou^ 
l*iCAL G6VSBNMSNT, but agatnst his SArvnAv,unu 
^He is not accused of having merely taken atepsto 
-depose him from his authority, but with having 4oQe 
^so with ike intention to bring him to deaih.^^lt is the 
act with ib^^ci/tc intention^ and not the act alone, 
'Which constitutes the charge.^^The act of oonspiriiq; 
to depose the Kii^i may indeed be evidmee^ aooordU 
ing to circumstances, of an intention to desit^y ins 
'riatqrai existence; but never^ asa proposition of iotBr, 
*jcah constitute the intention itself.«-Where ja act is 
done in pursuance of an intention, surely the inteny 
tion miust first exist ; a man cannot do a thing in fuU 
Ailment of an intention, unless his mind first conceivte 
that inteution.^^The doing an act, or the pursuit ofa 
system of conduct which leads in probable conse* 
quences to fhe>death of the King, niay le^lly, (if any 
such be^before you) afiect the consideration of the 
traitorous purpose charged. by the record, arid I am 
•not afraid of trusting you with the evidence. — How 
fiir any given act, or coorsei of acting, independently 
of intenftbn, may lead probably or inevitably to any 



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>»tanliH: political comequcnoe^ is wM we iu^vem^ 
concern with ; these may be curioos qnertiODS ^ §4 
taMiflttry or politics ; but it is wickedness and (oily to 
'declare that consequenqes unconnected eren with in^ 
Mention or consciousness, shall be synonimous in law 
wilhi the traitorous mind ; akbougb the trait.cy'ous 
'iRind alone ia arraigned, as ooRStitoting the criipe. 
r Gentlemen, the first question consequently for 
^xmderalion, and to. which I musjt tberafi^e earnestly 
impbre the attention of the Coprt, is this : — ^What 

^ T^B LAW UPON THIS MOMSN'COIJS 89BI[B$:T ?-T-And 

-f«9!Qll$cting that lam invested with no aii^tborlty, J 
'ahaR not presume to offer .}ou any thing o(my own^; 
,*<riiothing shall proceed from myself upon this part 
*jDf thp inquiry, hot that which is merely .introductory, 
«id noce»ary to the understanding of the authorities 
wn wiiieh Lroean to rely for the establishment of 
doctrines, not less essential to the general liberties of 
England, than to the particular conmderatioo which 
.jcoofiliti^es our piiesent duty.: . 

First then, I maintain that that branch of the sta- 
tute 2Mh (^Edward the Thirds which declares.it to 
be iiigb treason ^^ when a man doth ccm^ufss or 
^^^ imagine the death of ihe King, of his lady the 
** Queen, or. of hit eldest ^on and heir,'* wasintendied 
to guard by a higher sanction than felony, thj^.N^TU- 
BAt 2iiv£$ of the King, Queen, and Prince ; and that 
no act, therefore (either inchoate or consummate), 
of resistance to, or rebellion against, the Kix^'s tegal 
ca/>acf/jf, amounts to high treason of con^msivg 



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TUM TTMAX* OP lHOltAir HABpT. £|93; 

kh^ death; tinless where they oail be charged upon the 
kidictoient, and proved to the satisfactioa of the Jury 
at die trial j as overt aetsy committed by ^be Priapneri 
injn^tmmtofa traitorous intention to destroy ike^ 

Kin^S NATUBAL LIFB. 

t Secondly^ that the compassing the King's deaths pr, 
ki oilier words, the Irattoroos intention to destroy 
his natural existence, is the treason^ and not tlie 
avert acts, which are only laid as manifestations of 
the traitorous intention, or, in other words, as. bvi- 
]>BH0B competent to be-left tpa Jury to proveit;^ 
and that no conspiracy to levy war against the Kipg, 
nor any conspiracy against bis regal characfer or ca^ 
padiy, is a good overt act of compassing his death^ 
unless some force be exerted, or in contemplatbn| 
pgainst tiit King's pbbson : and that such force so 
exerted or in contemplation, is not substantively the 
treason of conppassing, but only competrat in poin| 
of law to establish it, if the Jury, by the verdict of 
Guilty draw that conclusion of fact from the evidene^ 
t)f the overt act, 

: Thirdly} Jhat the charge in the Indictment^ o^ 
^compassing the King*s death, is not laid as l^al in^ 
^iucement or introduotion, to follow as a legal infe^ 
«nce from the establishment of the overt act, ^ut js 
-laid as an averment of a facit ; and, as such, the very 
.giat of the Indictment, to l^e affirmed or negatived 
hy thi verdict of Guilty or Not guilty* It will not (J 
Am persuaded) be suspected by the Attorney Gene- 
xal, or by the Court, that I am about to. support these 



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934 If H. BMxiwfiTs uuum ov 

dbctrinen hy (Apposing my oim judgment io the 
dioritattve writings of the tenemble and exoelkiife 
Lord Hale, whose memiry willii?e in ihi9 country^ 
and tfirooghofot the enlightened world, as Jong aa the 
administration of pure justice shall eust; nekh^ do 
I wish to oppose any thing which is to be foond. in 
the other learned authorities principally ceHed, upon 
by the Crown, because all my positions, are perfectly 
consistent with a right interpretation of them ; and 
because, even were it otherwise, I could not expect 
successfully to oppose them' by any reasonings <tf my 
own, which can have no weight, but as th^ shall be 
found at once consistent with acluiowledged antfao* 
rities, and with the established principles of the 
English law.^-I can do this with the greater security, 
because my respectable sfnd learned friend, the Attorn 
ney General, has not cited cases which have been the 
disgrace of this country in former tinjies^ nor siduoi 
you to sanction by your judgment those bloody mur- 
ders, which are recorded by them as acts of £^glidi 
justice ; but, as might be expected of an honoorabfo 
man, his expositions of the law (though I think them 
frequently erroneous) are drawn from the saqist^ 
sources, which I look up to for doctrines so very dtft- 
ferent. — ^I find, indeed, throughout the whole range 
of authorities (I mean those which the Attorney Gene" 
fal h<is properly considered m deserving that name and 
xAaracter) very little contradiction ; for, as far is I can 
discover, much more entanglement has arisen from 
now and then a tripping in the expression, than from. 



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riim TBIAX. OF THWf AS^ H^mDr. 985 

HQy diflbreDceof s^ticneDt a«|K>ngst' eminent and vtiH 
tiious Judges, who have eitlier examiiied, or sat in 
jud^fiBf njt upon this momentous subject. 

G^ntlemenj before I pursue the course I have pre-^ 
scribed to myself, I desire most distiqctly to be un^ 
der^ood, that in my own opinion the most sue-* 
cessful argument, tb^t a conspiracy to depose tb^ 
Kiqg does not necessarily establish the treasoncharged 
i%ion this record, is totally bksidk any possiblv 

/Vn^MJSNT THAT YOU CAN HAVE TO FORM UPON TH8 

BTijEijgNca BSPOKB YOU; siRce throughout tile whole 
volumes that have been read, I can trace nothing 
that even- points to the imaginatioofi of such a cpn* 
sp^*acy ; and consequently the doc^trines of Cok^, 
(ifle, and Forster, on the subject of High Treason^ 
might ei^uatiy be detailed in any other trial that ha* 
ev^ been proceeded upon in this place. But, Gentle-» 
men, X stand in a fearful and delicate situation.~-As 
,a supposed attack upon the King's civil; authority haf 
been- transmuted; by construction, into a murderouf 
conspiracy against his natural person ; in the same 
manner, and by the ^me arguments, a conspiracy to 
overturn that civil authority, by direct force, has 
again been assimilated, by further canstrucdon, to. a 
design to undermine monarchy by changes wroughjt 
through public ophiion, enlarging gradually into uni^r 
versal will ; so that I can admit no false proposition, 
however wide I may think it of rational application.-^. 
For as there is a constbuctivj^ compassino, so also 
there is a constructive beposino ; and I anuo|i 



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S36 ** MR. BRSKIKB*8\SPiBtH OIT 

therefore, possibly know what either of tbetn i« 
aepardtely, nor how the one may be argued to in- 
volve the other, — There are, besides, many Prison- 
ers, whose cases are behind^ and whose lives may be 
mvolved in your present deliberation ; thdrndmea 
have been' already stigmatized, and their conduct ar^ 
raigned in the evidence you have lieard, as apart of 
^ conspiracy. ^^i is these considerations which drive 
me into so large a field of argument, because, by suf^ 
ficiently ascertaining the law in the outset, they who 
are yet looking up to it for protection, may not be 
brought into periK 

• Gentlemen, I now proceed to establish, that a 
compasiihg of the death of the King, within the 
twenty- fifth of Edward the Third, which is ihe 
tff:arge against ike Prisoner, consists in a traitorous 
ihtentibn against his natural life ; and that no- 
bbing short of your firm belief of that detestable in- 
tention, from overt acts which you find him to have 
'committed, can justify his conviction. That I may 
Ic^p my word tftth you in building my argument 
'i^n nothing of- my oWn, I hope my friend Mr. 
Gtbbs will h^ve the goodness to call me back, if 
he finds me wandering froin my engagement ; that 
k may proceed step by step upon the most venerable 
and acknowledged authorities of the law; 
' In this process I shall begin with Lord Hale, who 
"op^hs this important subject by stating the reason 
Nof passing the statute of the twenty-fifth of Edward 
the Third, on which the Indictment is founded.— 



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I^ (Me Myt^ in bit Hett of the Crown, voK i. 
p^ Sa^ ti»t '' oil comiwoklaw there was a grtai la^ 
^l titttde und in fxihing tgffinms ti the crime and pn^ 
^'yfdikmmt^^ tnaeon^ by t^ay of mierpreiojtkm. 
*^ :and Mthitfjary joonsTncTXOK^ which b*ought ia ^ 
*'^ -great unoertaifity and oonfusiont Thus ^rarodch 
*! i.ve. BilclioACHiNO ov BOTAL iPowsEtrov unusuui 
^^ ckiVigii^^ treason ancientfy^ thouf^h a. very mi'- 
'V;cerhim'c^rge ; so tfuitm^man couid issll tlfkat ii 
^^.:,tiAi,.dr:wh^ dtfejHf^ Ukmtike ^ ilw" Ziord Hale 
thn goirt fin. to. lEtote varbus instances of v^xntton/ 
zmA cruQ^t wd concludes with this sinking obaer^ 
valion : *^ My tke$e. amd the Hie instances that might 
*^.:^ givm, it appears, how ABOiitttAMY and vncbr* 
f* itKiNth^Jaw tf treasan was iefifre the statute cf 
^*'25th 4f. £4smrd the lIMy mbereiy it came tif pose 
** . that alme0t,emrp offisnoe thtaUwm^ or seemed to bCy 
*^ fi ireaish. of tkf fakh^mid aUt^emce due to the 
*^ , King^wm^ by, coNSTBUcriQiry oaarsEauBiiCB) and 
** mtEOM^MTKTiQKy mieodiiinfu the ojffente:;^. high 
^ trmtm-^ .This. is the JsinentBtion.of the grtat 
Hale i^)QA.tlie state of: thiftioojantry pirexious ta ihe 
{NmiQgcof.tbe statutey.wlvehi he says, was passed 
as a BiaiB9XAL(l«w, to put an end to them;, and 
VotAO^f :oonsid^n^ it in the. same %fat^ isays^ 
in nis ihttd biatrtate^.p^ge 2d," The Piarliament 
*^ .^^h.pais$ff4 thisMatme wea. called (as it weilde* 
*^ smnd) JPartiammtum £0ii?(/^c/um;.and the like 

hano{ir was .given to it by the different stetutea 
^^ which Jfrom time to liine hro^ht back treasons 

VOL, ui. z 

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€€ 



3S8 i MIL «ttKiaifi*« srasctt ov. 

«^ to its steadird^ a// H^^H ^^ n»g^A^ ^^^ 
<' extotiing tkm hieined Jet.''^l^v ttik $tttirt^ 
wMeh has obtaitied the f^m^yrie of liMse graat 
tma^ whom the Chief Jvstice io fate G|iai^ looked 
up to for %ht «Ad for eumple^ and who^th* Au 
tomtf Genecid. takes also ibr hiB.gttidtt^ Jwoakt v^y 
little have deserved the high edogiiuA btttowed 
upon it, if, though aronvediy passod ,t6 djestr^y «i&^ 
oErtatHty m orjmimi justice, and to )y9tid#im the 
arbitnary odbstfuotioiis ofJadfos^ littieobd by*HMe^ 
as ^diafiguring mid dteboeouriog Che la^, it iau^ oe^ 
verthelesB, iieen ao wor^ as to gii^e^ biDlttt»4)Mr 
ODDstructiona and ondMaihtiefl^ imtead>f dest»}|^ 
Sag the old ones^^It mauid but ill hf^veentildaA itsdf 
tQ tkie danotniiiation of a bletsftd itatote, if it had 
not in its enactttig letti^r^^Whioh profeks^ to te^ 
move doubta^ and toasbertstii thehw^Hmrietteeof 
expresaiona the faesrknoimuid undefttoodi and^it 
ik^ill be found aecordiii|^y) that it ta^liomriy didao. 
It iivill be found, that^ tneelecting the eapfansion of 
QoMrAsatKo THS DtATii^ it emi^oyed a tona of 
the wmat ^xed and sppr^rfate signtfieatien m -the 
lao^iage of Ei^lish, lair,, wlueb not only nov/udga 
or counsel, but which no attom^y^ x»^ «lti]tnf)'^ 
cterk, oouki mtsundensuifid; becKise in^oMier ages, 
before the statute, oom^m^ing the deMii 'Df kfnt 
MAN had been a feiony^ and a^i Aoflt uiifomulei tb' 
mcA empassing^ had bean settled in a thoitsand in« 
atances. To establish this^. and so shost al^ by no 
ononiog. of mine, that the Ukm ^^ compbsBiiig thtf 



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<« 4egth*' wM intended by the atatiite/wkeirappliQd to 
tb^Ku^ iMM#itfMiOB> to li«^ tfieeap^ signify 
nl6m af it bad l>^llkliMI in the Uw when uppKed to 
Um siili)ectM a fc}ony» I shall refer to Mr. Joatioa 
l^ifler, aiNl>i^ra toa |Nii«age cited by the Attorney 
fieoeAl tiimeel^^ vbt«h sptedis to «inequi?oeaIly end 
otaaM^Mrahly for ilaelf^ aa to anoeh dU commenUiry^ 
Vi^* The weiHit mkers/' says Fdrsttfr, ^* i^ imi*^ 
'^ ing.^^hmom hamicHk^ tmndmi thfjptoniim 

V HvwBKTiMr epoMJA^ed bg pUin f4ftit^ in ih lame 
•• /ff A^ fit pomi cf gmk, m homicide U$elf,^V^ 

^ mif W^By TOXWlVAf 9ef UTikTUE PII0 9A0TO ; Altd 

<f «^'^ thk-ruk pK0vUiM, the mtun of ih qffenc$ 
<' ' i^di erjlreiied 2y. lie (fnn comfmsxno the bb ate^ 
^^ Sr%M rufc 4m Jkm Ipng hid usidf w too rigor ou$ 
5^ jf» 1^ ee«e ^ co^Mten per^om ;. 6ifi^ m M^ ce^e <2^ 
^^ (Ae |^H0» QiriQiiy afid VuintE^ the statute ^ 
** tr^9$9W haif 0iih' gr^at propriety^ bbtaikbd t| 
iniiS'fidl omn* imdrngour % and in describing the 
^gfmof^ kasUktUtis^lKSn^AmEDthe andmtmode 
<^ .j^ ofpproasioni iffhen a man doth compass or nfia<» 

V if^ie tAe dMT^^ of our Lord the King ^ tfc. and 
^f jhBfppf'M ^no^fifiem proof , prqvifblement^ah 
^'Ifamtfdff open dood, by people of his eonditjpn^ 
f^ Mr to0mk^ the siafute desmptivo nf the oj^j^e^ 
'^ mmt^ Tnwif?ou9^ be strictly pursued iw every in* 
'^ dktment^ for this species of treason.'^lT u,v%x 
<f charge tliat tli^ idefendanjt did ttqitoroudy compffsp 
'^ ond imagine this.King-^ death ; o^dj^ltem, go on find 
*' ohatgethe several a^ts madtt use of by thepri^owr 

Z 2 

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^' to eff^muiie hisHraiiorous^rpose ; Fcm Vhe' com- 

^ PASSIHO TH& KtNO*ft IMBATH^ IS Tilft tRBASOK, 

^ ancf lAe werr a<:ts are 'charged -m Me tnettm 
^ made use of to - e^ctudte the*'* imenUont^ H^nd 
•* imaginations of - the heart \ and' tkerefkre^ ik 
^^ the case of 4ke ^gictdes, 'tke^ ^JHeimeni charged 
^^ 'thai they did traitermkly compAssand imagtt^tke 
^ death of the King y and the eutiing of 4^ hbed 
'^ was t(ud as the evert Oet^ ^nd ike persanifike^wds 
^ supposed t& havt give^ th^'fiMfed stroie isiOs ikm- 
^ tfictedon the same indictment.^' - • • • ' •*: " 
This cbncluding Instance; thougtl ^ first view it 
hiay appear riditulous^ is WeH sooted as an iltus- 
tratioti ; becatise, thdngh in that ddse Ulere cduld be 
ho possible doubt of the :$nteiltidti,> since the aot df 
a deliberate execution involves, i4n commob sMse, 
the Intention to destroy life> yet Sti5>th6 Unovniaiy of 
the offence, which exists wholly in the iiSit^irtbji, 
and not in the overt act, required the preservation 
of the form of the* indictment.— It is surely impos- 
sible to read this commentary of Forster, Without 
seeing the true purpose of the statute : The com- 
mon law had anciently considered; even in the case 
of a fellow-subject, the mabgnant intenttoct to de- 
stroy, as equivalent to the act itself; but that ndble 
spirit of humanity which pervades the whble'systeni 
of our jurisprudence, had, before the time of King 
Edward the Third, eat out and destroyed this rule, 
too rigorous in its general application; but, as For- 
ster truly observes in the passage I have read^— **This 



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Tnr muuur cr mMU umk>y. 3fi 

^^rmle; ioo i%orousaiirthe'case o£ the. sobjtct^ the 
'' stifeiite of tteaflcms KETAINED in the case of 
^hi%8 Kingi and .mrtAiJsiEto also the very ex- 
'^^' HBxstfOK used by the lair when, compassing the 
^* datiti of a solgect was felony.** t 

* The stotote, therefore^ hcing expressly made t» 
ismove doohtSj and aocuratdy to define treason^ 
«dt>ptcd the ancient ^expression of tiie common law, 
t»i8p{^cab]e to felonioos hdmictde, meaning that the 
iife of the Soveragn. should, remain an exception^ 
and. that VOLUNTAS rao pacto^ the wicked inteiu 
tioir ftxr the deed itaelf (as: it regarded his sacred 
iife)^ 'shoald continue for the rule : and^ therefore^ 
says Forster^ the- statute meaning to betain the law 
.which was before general, rbtaikeb also, the; ex^- 
presstm; It appears to me^ therdbre, incontro- 
vertible, not only by the words of the statute itself, 
but \s^aa the authority of Forster, which I shall fol- 
low up by that of Lord Coke and Hale, contradicted 
by no syllable in their woi^s, as I shall demonstrate, 
that the statute, as it regarded the security of the 
King*s liiFB, did not mean to enact a new security 
never known to the common law in other case^, but 
mrant to sufier a common law rule which fprmerly 
^i^isted universally, which was precisely known, *b5t 
-which was too severe in common easels, to re^nahi ' 
aa an excei^:ion in favour of the King's security. — ^I do 
therefore positively maintain, not as an advocate 
KBRBLT,. but IN MY OWN PERSON, that, withiu the 
letter and meaning of the j^tatute, nothing can be a 

z 3 

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im ancieiH times^ ham been a kkitf m the ohb of t 
wA)ect ; for ctherwise ^Fbrtter nid Colg?^ « nM bi 
wen, ate very inoorract whtn th^ uy die atitote 
18TAINBD the old law, and the epfvepriafee Mnl td 
capiaa it ; fidr if it went ssvom. tr* at amtdd, on 
the oontiary^ hare been a mm ride atknowm to the 
jMAaKMi hv, ettacted, fer the fifEtt^time, fur the 
yreaitrvatiaD of the Ktag ^ liie* UnqmettOMUy the 
Xeg^sbrixnre might have made aoeh a ruk r hst ere 
«e not itiqvrirtng what it migki have enaelcd, hot 
"What it has enacted. Bat I Might to Mk ^mkm £r 
Jhavtag relapeed iato asy afguouxat of my otm Jipofi 
^it ant^eet^ vbea the aathoritaes are mane i^fge» 
-to the piirpoae than any kngeage I can use; far 
Mr. Justice Forster himaelf eafiressly s^s, Dia- 
co^nc let, of (£gh Ttutoa, p. eo;, ^"^ Ml Ae 
^ tmrdt descr^iv9 sf ihe mjfmu^ wk. ^ if ^ mm 
''^ 4oib mmptuB or knagme^ oMd thetrqf ^ '^ 
^ tainted af (^jmi deed^^ are fhdnly bomnMd fr$m 
*' the commn ItM, jond iherefare^mmi hmr ike sjuKB 
^ cMflrudtoa they did at cammau ieiar/'i-4s this 
di$tin<^ ? — ^I will ttmd it to yon again : '* w^ ih 
^* y^frds descriptive of the oj/j^nce^ viz. * If U 
ffiAdfOth compass er imagine, and ^^reqfbeai 
^ of open deed,* are plainly borrowed from -the cem^ 
^' mon law, and thirtfore mmi bear tktSMM^ eoe^ 
^^ struetion they did at anamM Jam.** 

GeBtlemens Mr. Justice Forster it 'by ne mews 
attigalar tfi tim doptrine.-'liorddoke^ the oeade ei 



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iiit^/ Mid tile be»l okMlf cm^^w^^SmwU^ wbM 
iHMidirtgf (^ Hi .fwiwiittr eimt^ with fr«««9i>i •& b» 
arod ti»^i)igfc«8i ffmnog9im biivycr that 6vtr e](i9t«4 

'feer wti^^sterity^ ts aa Muwmy Qmer^, my wo«» 

4by luiid boROiuaVk frimd woii^^ tpJhQkl> to 

.lifr imkfaor 0f' aH' his vatoble work^ $ yet evi^n tb(8 

nery; Lord'Cdbe himif}f> Mda. ymoMy lb« ••«» 

rfeogoage wptfth F(»tqr,««-F0r^ it) hiat eomQiesrtary en 

ibis atitate^ in hir kbini Joaltete, p* 5, wbien lie 

-cwnes Id the word> i^< inam covmis/ be myB, 

*^ iiel M.aee fiert vbtt (kt QDmfMMing ^ cb»th of 

^ A niBMCT i««i hefoK Ibc ttaklog of this ^tMute, 

^^ when fufantas rcftuiabetiir pra faeto.**-^Now wh#t 

IB iJie phifi Eagbih oftbia^rrTlM^ mniBtntiit^r 

. ^y9» J wm pmg^u> iwtmet jKWy ^ 0mkntj wboine 

, ^ kavfi fnoiD oie tibe jasr (irfi^glaiiidy wh»t k 9 ^ogi* 

pAi^kKp of tbs deykh of die Kiiro ^ Imii liAa# I C491* 

.do^ fan! hy fir^t oanTiBg yout to look iRto wlMt 

hjtbeoQsnpasaingQfliie^foakhof AwiuACT at Ihe 

l^iefot eommoQ law; beeauae tbe italute b^kig/ 

. nada a oompasmog^ aa applied to.tbo ikin^^,. Ihe 

a*ini«aia£^tHgfa treaftoo, athidh, al camxyiaa law^. was 

viAM^.in^ tbaease <tf a soaiapr, k is icnpps^itil^ to 

Vibfikie U)^oKity \tiihaist loohHig iwdi toUke refolds 

^^lidi ilhiatmte tiM OTi»R.-rTNi3 ¥ SQ.dil^Iy the 

araia c^ Losd Ookfi^a^ r^aa^M^ig^ . d|atv ift .Ms o^va sin* - 

gularly ppeofee atylia of «mMt)eii|^jiig, he ioiiae. 

idiataiy %a befixft h»r, atader ai ^e|y pf instances 

Z4 

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•44 Mft. tM%mtt% WBIICS Oir 

from the anoknt records and ymrAxKks^ of eompots^ 

Ing the ftUBJBCT^s dbaths and what are they ?---Kot 

acts wholly cdlatera} to attacks upon life» dogmata 

cally laid down by the iaw from tpecolatioaa npati 

probable or possible epnseqoetieea; bat aaiaolta wtrv 

-TNiTEifT TO MOfiBia ;«-obiitpimcie9 to aiajiay the 

^pe^son with the samb iktbiitiov ; and other uvfh 

DBR096 ipachiaationa.— -Theaewere theonly c mm p aia * 

4ngs before the ^ote, againat^the aubfeet^a 1^ ; and 

th\s extjension of the expressi^fi paa never heard of in 

the law till introjdpiDed by the craft of political judge(^ 

when it becafne applicable to cnfnfMi agalnat tr%. 

£TATE.r*Here again I deairie to appeal toth« highest 

jtiiithoritied for this pouroe of constroctive treaaons; 

jfbr akhojogh the pta^pbs of Bdjfrand thoTMrd liad 

fxpressly directed that ppthifig ahqold be declared lb 

be treaspn but cases vitWii its epading IfMter^ fst 

Lord Hale says^ in his Heaa pf the Crpwn^ pagfo M^ 

-that ** thingi ufere so c^rrifd by f AtinBa <nM( f A€* 

f^ TiONS, in the sueceedingrmgnpjf' ^khardihe Seepfd, 

^f ihattkhHnluiepfMbuiliUf0oti0rve4rbiUMtk^ 

<f ihat party gpe the teiter.^^So «b erifia? ^f %4 

^^ treizsan was-if^ a fffcmer arfritf^riiy imp$ud im4 

«' adjudge, to tke ^tkadwmag$ 9f tkf pW^ th4 

" was tp be judgedi whi^hi by vofmt cMJmlfidsr 

^* and revoluiUms, mUohieffd ^U pMriUrJb^ tmd 

'^ last^ and Igfl a great t^mettlodneMfond mquiftnm 

'< m the minds of ike peefie, ami was one tftie oth 

" easions of the unhi^iness of tkat Kmg^ 

^^'4U lAit mischi^wm prodded py ^ mme 



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^*^ 3%0l a^jr man that compasHih or patrsuitk ike 

>^^dM<& of the JS^g^ Qti TO' ^KFOSB HIM, OR TO 
^ SBk&BR UF HIS HQMAGB I.IBOB, Of Afi that'^omik 

^^ people, aed rideikjagemsl .the King^ to make war 
^ wiihmMs realm, and rf thai be duly aitainied 
^^ and a^fmlged, 4haU be a^fUdged a iraitovyof hi^ 
^ ireaeen agamei ike Croem^ 

^^ This,'' esq% Lord* Hehi ^' ^f^^ ^ g^^^ ^9Mv^ io 
/^ Oe nd9ee$,imeemih tkaiike.eiatme, Ui^ Henrg 
^^ fimrik^, which. repealed U^ reqied thai no man 
^' knew kern he ought to behave himielf^ to do, ^peai^ 
*^ or iOffy for donbi (^t^ps^h pains of treason j^ and 
*^4herefbre wholly to remote {the prejudice, whisk 
f^ mighi eome to the King'e snl^ts, the staS^Ui, lie 
^' rf Mstfry Fourth, dmp^ lO, was made, witfCK 

' '^ BMI70HT BACK TBBABOH TO THB «T41li9AiP. Ot 
** TUB a*TH 09 BDWikB0 THB ThIBD/* 

Now if we look to this statute of fiicbard thttSi* 
comd, which produced suoh miscbiefs^--wfaat «w 
ihe^ f — As far as it re-enacted the tveason of com* 
passing the Kill's death, and levying war, it only 
.fe-enaote4 the statute of Edward the Third, hot 
it ^nt beyond it by the loose construction of 
compaasiiig to dapose the King, and raiiiagv the 
people, a»d riding to make war, or a oompasskig to 
depose him> tbbms kbw to thb commoiv i^aw. 
The aepual levying offeree, to imprison, or depose 
ike King, was^ alreaify and properfy high treason^ 
within the sfsond bmxith of the statute; bat l^ia 



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948 Brit. CMMKirs frMMTdWiT 

iitfftttte* of niolisrd the' Seetrnd' «hbirg*l eidj^tthte 

erime of eompassing, tMktng it extcvid lo aebnr- 

fkn^g fo tmprisofi 6r depose; whidk Bt^ kbef^csrt 

obfeeft of an aetoat levying; of war, wid nolBU^^ 

eoinpasslng to levy war, on & Iboltng Wish Uie aalittl 

kvymg it.«-4t deems, 'thtrefeiie,. moat aatoniakingi 

yiat any ju^e could {)e euppoaad 4o tpave decMed, 

dj an abstract rule oflmw^ that a compMsing t» im- 

friaon or depose (he King wta high treaaoo, avB- 

STAHTV^MVf, wfTHoin' pai^iom coiirikaaiirio ow 

ilia J^VA'^H : ainee k waa made ao 4^ tkria atototfe, 

•«lat of Richard the Seeond, imd lefNfOlMitedl, atlg- 

met)^, and repealed by (he atatule, 1st of Henry 

^tht Fourth^ diap. 10. ^ Ami $a iktie efi^;* aaya 

'Mi»« Jtiattoe Bbtfji^tone, ^^ have ever^triakM UnUte 

i^ 40 prevent any crime, thtii wkkin two yeatfs lifter 

^^ IM9 nem hie rf treaeim re^peetiikg imprUeemetU 

** and deposing f this very prince iMr -AmA dtpefshd 

•^^and mttrtkredy 

^^^' Gentlemen, this dia^nction, mad)^ by tlie hiiitnme 

-^ statute of Edward the TMrd, between ti^aata 

\a^inst the King> natural Hft, and Mbl^n against 

^ his '<Avil authority y and whieh (he act of ftichorA llle 

'* Second, for a season, broke down, \» founded -in 

' 'wise and sound poHey.^'^A aueoessfrfl'atta^ Wiy be 

made upon the King*i persen fry (he Mfatij^ltyiof 

an individual, wtlhout the oomlHiMtiod ol e«leiided 

conspti^oy, or the exertions ^febeWouafofce^ the 

law tberefbre justly staiafdi tipoh the wjiteb to^ dn*h 

' the'first overt mattifestattoh of «o evit and detiittafele 

a purpose,"— Considering the life of the Chief Ma- 

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ffaftrtte M iiiiiittely knportiiiit to thepiiUiceeeafil^ 
k does not wait fortlie possible comuiniii«tion<if# 
tatime,^ whksh requtns tidchetf' time, combinatiidli^ 
nor ftMioe to Moompiii^, bttt considers the tiUltorOlM 
fHirpose is a ooMOflMMtod treason : bat the wise 
tnd buimne policy of onr fere fctfi er s exteoded'liii 
keverity of the rule, whmias pro Jkeio^ no farther 
tiian they w^re thus tmpetfed and justified by the 
neeessky^ and therefore an inttntion to levy wdr and 
mh^ioti, not €9n*umiMi^^ however mamfested by 
tlie most overt acts of conspiracy, waa not decjensd 
to be treaaon, and upon the plainest prinotpie it| th« 
yorld; the Kmg*s ei&o^l capaeky^ gtv^-ded by al 
the 'force and authority of the state^ cooM not, iilie 
his MATiraAL existence, be overthrown or endangevtd 
in a •moment, by the first madiinations cfthetrai* 
toroos mind of an individual, or even by the urn* 
armed eoospiracy of numbers ; and therefore this 
humane and exahed institution, measuring the^sane^ 
tibns of eriminal justice by the standard of eivit ne* 
eessity, thought it soffioient to scourge and <Ussipate 
tmarmed eoospiralors by a less vindictive proceedf* 



These new treasons were, however, at length aM 
tvappily swept away on the aeeess^fon ^f King Henry 
the fburih, w4ileh brought the law badkr^* the 
etandard ef Edward the Third ; aadj ilndeed, 'in re--, 
tiewing the history of this highly favoured island, it 
Is fuostbeautiffifl, and, at the same time, highly ««* 
<<60»T<^gHig ^ observe, 4>jr whattm entra^inary eofi^ 
currence of ^rcumstances^ mnler Che 6iipermt«nd* 

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<4». < ll»A^«lllllim*f 4WMII;««^.iiT 

<9Qt of a beMvolatit AwMmct^ ibeUiiMties of <mf 
^tfnntry have been aataUisbed.-^-AmMrtp tbe oonvaU 
fioiil, ariwi^ fpom'tlia Ma^dartiamMti^ii and jojtts- 
tiMj} atid wliilai t)ie£kate..w«a.altermteiy defiartiog 
<ro«i iksi ppiiie^ on .one vide^^aiid, a^.tbe other, the 
gfWt rights of maoi^td wer^ still ineeiiaibly taking 
aotftand flourifhtBg"; — though sometimes monarchy 
tbneaUped to lay them prostrate^ though aristocracy 
eocaaioiially oiidermiBed them, ^m1 democracy, in her 
ttAH, rashly trampled on them, yet they tiave ever eooie 
Mfdy round at last.— This awful aud suhlime cqo« 
Icnnplation should teach us to bear with <»ie anodier 
when our opinions do not quite coincide} extracting 
final harmony fromthe inevitable difiereQoeawluch 
i0ver did, and ever must exist amongst men* 

Gentlemen, die act of Henry the Fourth was 
acwcely made when it shared the same. 6ite with tbe 
venerable law wbidi it restored. — ^Nobody regarded 
it«— It was borne down by factions, aqd,. in those 
days, there were no Judges, as there are now, to 
bold firm the balance of justice amidat the storms of 
atate;-*men could not then, as. the Priso|ier can to^- 
day, look up for protection to magistrates independ^ 
ent of the Crown, and awfiiUy accountable in efaa- 
racter to an enlightened world«-^As £ist as arbitrary 
constructions were abolished by one statute, unprin- 
cipled Judges began to build them up sgain, tiU they 
wa^ beat down by another : to recooni; their strange 
treasons would be tiresome and ^gusting; but their 
aystem of construQtion,. in the teeth of positive l^w, 
may be well illustrate by two lines from foge :, > 

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Ttti rmxii OF thomas nktx^r. ^349 

•' * * ^^.Destro^hnfibiusdsophiitrfittfahi^ ^ • 

^' :TlM«niUK«'ft aft Jkk.iliiltjr mnlE ag^ 

^ 1!tii^ system j libtlrjudicial afnd parHamentaiy) • be* 
-^ttliie Indeed: so ifttolerabte, in the kltemd betv^Mft 
libe mga of Hiilly the FVinrth, and thet of PbiHp 
-Md Ms^y, ^t ft produced, m tbe first year of the 
4Mtel> reign, the most remarkable statute diat wot 
ipB9X6d in Snglatid, repealing not? only all former MM^ 
"iuit^ upon th«$ subject, .except' that of Edward* cKb 
•Third, but also sligniatiie$Mg^ iipcM the re(Oi^««f 
*^rMament/ t^^aHMttafy <:[oKsTB^«i^tom o^Jtfdgei^ 
««Rid limittog' tbefn, ^ftlltimespw every BBfTTER 
^ ^ statute, I wiH'read t^'^ydu Ijdrfl CoktAi* 
<«tfmnientsry opoii the subjeM. hi his third Ifli- 
^titole, ^age 23-, he Says,^^*^ Before the* aci^ rf 
'*<^ ^Ae adM cf EiUfatd ih^ Third, so many tpeiz^ 
:^^9MS kAd bee^-miide und declared^ and ktmuih 
-^^ ^ri penned, d9 ^^oi only ike ignerant- andaH'- 

^^ learned people^ hu^ * al$(^.4earned *and expert - m^, 
'^^ were trapped and srmred. • -5Rtw tke'great mischief 

«* heybre Edward' the Third, df the urkeeriamiy '6/ 

^ithdt teas treason* and what not, beaame so ffi* 
^^'i^tOnt arid dangerbtU, os'tkAt ike iajest and surest 

^* remedy ivasby this eopcetleni act ef:Mc^ to aird^ 
'^^ gate and repeal ail, but only sueh^jkfeipeeified 
^^and expressed in this statute of Sdmird ihb TMfd. 
• ** By which law the safety of both the King arid of (He 
^^ subject, and the preservation of ' the common weal, 
'^^ wtre wisely and sufidently provided for, and in sacli 

*^ certainty, tliat nihil relictum est arbitrio judiois,^ 
vl%e whole evil, indeed, to be remedied and 

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■4^ ,. sou IBUKISS'S ,«19^ OB. 

avoided hjthi^wf% ci-QofitgihUfry vmr^i^ ami- 
niuK. imttoni, '•r jMdiddlaOMtracliiM b^ond the 

iittt* «lk| wMKsipffd 91 ^fiiUf vpgpor; MlA to mi|»> 

jlNid«, bwttiiM JtMig«c hltd bdilitrffm^by «0l||tftMk. 
-ilm»9 bejPQod. tbe;liHy> they ««f!f:tflj tie Jkvft, cnm m H 
4Mly with ttieir 4ii^y» to go 9fi l«iMin|^ 4i»42iri. > 
dl#;tmfNil< » My ^ *^ l^fkantfit ^nAick never yiqt 
.VM MUfiifted |o Ml« fnunciff !9f Mm> n^nihlf 8|9ftMir. 

.^. tl|».$tat»|9ft. Moon)H)g :t» In p^iniiiMffpnilat^Wt 
:Jhiit docmdiiig ^tho ^tr^Ptiiilh^ty.pf Xord Cdfcp 
4dra4^4inhi^Q9Paiq^»tery4ipoiiH« F^hAgMf-cmJo 
>9B]r». " Tfo« tUH' or» t»be oAMtw^, i&v^ <A«< file 
** word KKtwtsmbi tt <^ n«^m;9f ^a»y,.e»«M«r 
.«' «// iM)>i,iCATiQir« pit iimtMiircvf w«At8oinr«> ; 

** f^higk tTHUtn, tifrn tium> $i»h «* am 4|^m^ 

*.* auifvfirm^ m <A« ««aife V ^^kwnri^the Tkvrd, 

.** Qr«49 h/cUo»9d 9r dr«iim mt».,«mmfik^^Jf^ Me 

V iw m^ dia4»9r^ttme fhtiH b« iakm, W, 4m»«d 

/'<tHf dUfhred and etpres^ in the wid atf^^ the 
**,*k^lhftf Ri^ard the Third, aay aet^ Parivmmt 
** or 9MMa ^fUor 2§th of Edward the ., Third, or <»y 
** otktf decforaUdn or utauer^ to the contrary «o«* 
** vHAittmding:* 

6«ntl«iB«n, if the letter of th<)-«Ut44« of H$f^, 

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vAma ooilplfad ivimk , Loni 'Q|kii> 4eaiMnitdi7^^ fq« 

tlitt benitt of emlymsn ufho-lovA th^'KiDg^ tor frho^- 

Qake^^ bbMn^€% ki th^ satue ooimnenMry; it truly: 

^^ isisMh ifMre dxmmd b§ the hee^and /aveur 4(f i(m . 
^^'mkiy0$t0ii9itards ihek Sat^eign, thjan in ti» dreud 
^^amdfmn itf liM^^ mwk^wiik rigasromaMd 00^-*. 
^^'imnei pumAn^/mi i Mdi thfU iams^ ^% §9mh* 

^^^imifof tike, fnMi ,p0iH bmer, iqtt tenA abmfei^^' 

Laid C^d%\w^B^ bc^ 

biitd^ 'wMbU i simli preigfidy f€*d<to jMi^iaml td 
Vhi^ I imiiloiti' your > most eariiesfc attention 9 \»^- 
0ioM l^f^ flMm; ybo by it^^ thistt the Qofortuiiite 
i3Mtiy' wboMiinliocdiioe I 9Mt d^iaodittg, is arraigned 
bMbce ycMi of Mgh tmscxn, < upon widenoe not only 
\ib^ rqMlgnanttd this fttrtioukr 6tatiitoy but^dl 
as nevei* yet i*d$:haird .oCin England uponnny ,Ga« 

tMtion you hate giv^en to.it^ I defy any one o£yoti» 
a^ tbta tnoihei^^ to aay /^of iwhat it oonsisli^'^.airx^ 
MiroB, ^idii;(shlic«t]t most bqcalfaedby that namd) I 
Intadite fof my bobkittssm presuming to stend dp for 
(be lij% o£^ m^> : whbni tm oonscious that I .am m« 



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sa%: . w^ nuna!s nmjum om 



cqptbletrf^uodtrytandiiig from it^ even whet aotki 
io^tedtobioi;— xyioBSCVy.whidi has coasttaed 
ismr days. in the raiding i-Hftotmiwding^ the wl» . 
of. the Prisoner, but.tlm. uneonnected writin|^ of 
men, unknown to. one anotherj c^xmaiiWMltaidiC* 
feiMt 8ob}ect$;*~Byu>ESR:x, the very listening to 
which has dq)rived me of the deep which nature . 
Inquires ;r^which has £Ued my mind with unrenut^ 
ti^g distress and agitation^* and which^ fmm tta dis^ . 
oordant uooonneded natiiie> has suflfoedme to mp 
no advantage from the indidgenoe, which I began 
with than)Ltngyoafi>r; biit ifidiich, on: tiie centruy, 
has. almost set my brain-on fir^ .with the;vaki;en-- 
d^woiir of oolleitfing my tbooghta ufK>n a suIyeDt 
nearer j^tgned for anycatiooaloourse of thinkings 
Let us, therefore^ see how the unexampled con** 
ditionlam placed infalls tni with Lord; Goke, upon 
this subject^ wb^ author!^ ia>.appealed.toby the 
Crowxt itfc^f and bt us ^ home, aid bom.oDr 
bookt if thty . a^ to biaaon. forth the law by euk^ 
gium» and.aeoarately to define its protecUon^ wbioh 
yet.the^sul^Qiis to be totally cut off from^ when, 
even UQ^r the aauction of .these, very antbon^ be 
stands J upon bis trial for hi^ eatstence. Lord Coke. 
says, in the.same Commentary^ page Ift^ t^t ihe sta* 
tote had not omy accurately defined the osAafta^ but 
the nature of the raoo^ on whK^ alone, amaii .shall, 
be attainted of any of the biraiidiea of fa%h treason.-^ 
^* It is to be observed/*, sajra he, '^ that the woad. 
^^ in the act of Edward the Third is iraovBAna* 
'Vm£N7: I. e. . Upon, dimt and ma:fiiifui:fntf^ n$t 

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TEE WHAL OF THOMAS HABDY. 353 

•/ Upon conjectural presumptions, or inferences^ or 
^^ strains qf wit, hut upon good and sufficient proof. 
^* And herein the adverb proveably hath a great 
*' force, and signifieth a DIRECT FLJIN proof, 
f ' which word the Lords and Commons in Parliament 
^^ did use, for that the offence of treason was so 
\^ heinous, and was so heavily and severely punished, 
^^ as none other the lihe^ and ther^ore the offender, 
*f must be PROVE ABLY attainted, which words are 
^^ ofi forcible . as upon direct and manifest proof 
^^ Note, the word isnot probably, ybr then com^ 
*^ mme argumentuni might have served, but the word 
^^ is pfiOYEABX'Y be attainted^ 
. Kathing can be so curiously and tautologously 
lobouired as this Cpmmentary^ of even that great 
prerogative lawyer Lord Coke, upon this single word 
10 the statute; and it manifestly shoAvsy that^ so far 
from its being the spirit and principle of the law of 
England^ to loosen the construction . of this statute^ 
and to adopt rules of cpn^truction and proofs un«* 
usual m trials for other crimes, on the contrary, 
the Legislature dW not even leave it to the Jiidges to 
apply: the ordinary rules of legal proof to trials under 
it, butadmonishod them to do justice in that respect 
in the very body of the statute. 
.; Lord Hale treads in the same jiath with Lord 
Coke, and concludes this part of the subject by the 
IbllQwing most remarkable passage — vok i. chap. 
xi. 86. 

.^ " Nouf although the crime of high treasom is the 
^^ gteatfst . crime agfifist faith, duty^ and hju>man 

VOL, III. A A 

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^54 MB. EUSKIN&ll SF£ECR ON 

** society f and Irings with it the greatest and most 
*^ fatal dangers to the government ^ peace ^ and happi^ 
** ness of a kingdom, or s'tate ; and, ther^Jbre, is 
^ deservedly branded with ttie highest ignominy, and 
«* subjected to the grehtest pefiahies that ihe laws 
'* can iriflict, it appears, first, how necessary it Hfos 
«' that there should he sdme kko^v'n, vtxBD, skt- 
^' TLElo boundary for this gteat crime of treas&n, 
^ hrtii of iifhtit great importmceih^ iiatute of ^5tk 
** of Inward iTie Third was, in ordir ta 't%ai end. 
y Second, l^ow -ddngermts it is to depart frdm the 
*^ LBTTER of that statute, and to multipiy and en- 
'^ hance crimes into treason by hmbigubus Md'gene^ 
**' raliffords, skch ds 'accrbhching 'royal pe^er, sub^ 
^^ verting fundkrAentdl fauJs, 'dnd the Wte.^^hxA 
*^^hird, Kow dangerous it is % tonsMtetion, €thS 
'^^'JtNj^LOGY, to MAXfi triasoiis where the tihrrBh 
*^' of 'the law has not done iti^fHr 5todi ahiethoii 
^^ ttdmts 6f iio limits, or bounds, biit %« 'te fdr 
** %nd ds widens the wit tihd Htiv^nHeh tf accusers, 
^'hndihedetesmimdf^pirsbns tiiciHtd, lUill'cdrryt 
^Uen^ 

^Sdrely the^admbnitian'ofttflsi^^^^ mtfBr 

-dogtit to-slnk deep into the TicaAiSF^Wfyj^ aftii 

Qf every Juryman, who is cSal^ to ^fiHniie&^Ustffe 

^htfer tliis statute; above klVirttlfe'iidifes%iid^der 

4}ie*]^bqliar^dn^unistancds "^hiti^h k^giiibfeli&'&*iii!s 

p}ace.-^HdiH)urah{e tiien;^ll% Wii% 6tfgHt,'fBr 

the safety of Government^ and the tranquillity '^f*ifie 

'l^OuAt^,^nti hattiu-ally iAdigiifant ^^ftt^t ilidte'who 

* are snppofed to^have iirou^t iftfemmV j^il^^^i^'ftt 

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THK TRXAJ, OF THOMAS HABJ>T^ 95» 

Cor ibut v^ry cause to proceed wijth more abundant 
oaution^ kst they should be $*irprised by their rescnU 
xmnts or thar fear$ ; they ought to advance, in thf 
j«digmeiits thiey form, by slow and tremhling ^teps ; 
f-^they ougiht cw» to fall back and look §Il eypry 
thing aguti, lest a false light should deceive ihPJ^$ 
admitting no fecjt JiMit upod the foundation of cleat 
and j^eoise .evidence, and d$ci4i9g i^pon ne inten- 
tion tbtt .does not i^uk :with eqqal cle^i-aess ^cpm 
the f»t.-r-This is the uiniversal Remand of ju^tiqe ia 
jevery caie criminal ^r <^lvil ; — bow much more theqi 
itttki$f jft^hea the ^dgment is evejry momeOft in dau- 
g^ of h6xig sjfrept away into the fathooiless abyjs$ 
ef a thousand volawes ; where there is ao anchorage 
£i^t Che understanding i whene no rciaqh of thought 
csa look round in order to compare their pointis; nor 
;aiiy memory be cty^ous enough ;to retain eyfi^cth^ 
imperfect reiartion that can be collected from them ? 
* Obnttemen, my mind i^ the more deeply affected 
with this oonsidera^n by a very recent exampte iu 
thai mon8tFCHis{>henomenon whicb, und^ the Xk^mt 
<if a trial, has driven us out of Westminster iHall for 
a large /portion of my professional life.r^No man i|i 
dess disposed than I, am to speak lightlyofgneat stat^ 
^irosedutioiis, which ibind lo their duty tthqse who 
:|iftveino other superiocs, nor any other Gon<»x)L; laat 
of all am I capable of even glancing a censure against 
4liose who'have led 4o or conducted thi^ impeaah«)ent, 
"because il respect and love many of them, and kno# 
them to be amongst the best an^ wisest mpn in (he 

> A a \ 

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950 MR. ERSKINB^S SPEBCH O^ 

nation.— I know them indeed so well, as to be peri 
suaded that could they have foreseen the vast field it 
^was to open, and the length of time it was to oocopy, 
they never would have engs^ed in it ; for I defy any 
man, not enlightened by the Divine Spirit, to say, 
with the precision and certainty of ata En^ish Judgf 
deciding upon evidence before bim, that Mr. Hast- 
ings is guilty or not guilty :— for who knows what is 
before him, or what is not ? — ^Many have carried what 
ihey knew to their graves, and the living have lived 
long enough to fot^t it. — Indeed I pray God that 
such another proceeding may never exist in England; 
because I consider it as a dishonour to the consttta* 
tion, and that it brings, by its example, insecurity 
into the administration of justice *, Every man in 
civilized society has a right to bold his life, liberty, 
property, and reputation, under plain laws that caa 
be well understood, and is entitled. to have sonie 
limited specific part of his conduct, compared and^ 
examined by their standard ; bat he ought not for 
«even years, no, nor for seven daiys, to stand as a 
criminal before the highest human tribunal, until 
judgment is bewildered and confounded, to come at 
last, perhaps, to defend himself, broken down with 
fatigue, and dispirited whh anxiety, which, indeed, is 
my own condition at this moment, w;bo amt>nly stating 
r . '^ ■ 

* It wa« the good fortaoe of Mr. Eii^kioe to rami^, in hir 
^wn.persoD> the evil thus complained of^ when be>p]»«ided as 
Clumpdlor on the tcial of Lord Melville. . . 



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THE TZIAL OP TH02CAB .HARDY. 357 

the case of another — ^What then must be the condt-* 
tioD of the unfortunate person whom you are trying ^ 

The next great question is, how the admonitions 
of these great writers are to be reconciled with what 
is undoubtedly to he found in other parts of their ^ 
liirOTks^ and I think I do not go too far, when I say,^ ' 
tbftk it ou^t to be. the inclination of every person^ 
mind who is conrndering the meaning of any writer^ 
particularly if he be a person of superior learning and 
intdltgence^ to reconcile, as much as possible all he 
9ay is upon. any subject, and not to adopt, such a con* 
struction as necessarily raises up one part in direct 
oppdntion to another. 

The law itself, indeed^ adopts this sound rule iof 
judgment in the examination of evtry matter which 
is hid before it, for a sound construction ; and the 
Judges, the];efore, are bound by duty as well as rea^* 
aoD to adopt it. 

It appears to me then, that the only ambiguity 
which arises, or can possibly arise, in the examina* 
tion <^ the great authorities, and in the comparison 
ef them with themselves, or with one another, is, 
from. not rightly understanding the meaning of the 
term ovbrt act as applied to this species of treason. 
The moment you get right iqx)n the true meaning 
and signification of this expression, the curtain is 
; drawn up, and all is light and certainty. 

. Gentlemen, an overt act of the high treason 

^ diarged upon this Record, I take, with great sub^ 

](mBfiign to the Court, to be pl^nly and simply this :; 

A A 3 

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35t mi. EltJUNl*^ SrEAOR OS 

««ithe higfh treason eUrged, is the com^sing oi* 
fanagrntng (in. other words^ the intading of design- 
Aig) the death of the King ; I mean |iis natUjIaz. 
^BATH ; which being a hidden operation of the mifid^ 
an overt act ia any thihg which legally proves the 
eiistenoe bf such traitorous design atid intention*^! 
aAy, that the design against the King*s natural life, 
is the high treason nnder the 6rst btanoh of the ata^ 
f ute ; and whatever is evidence, which may be legillj 
laid before a Jury to jodge of the traitorous intoitralty 
is a I^al overt act ; because an overt act U iradiiiig 
But legal evidence embodied upon the i«cord« 

The charge of compassing being a diat^e of mteur 
UdHj which, withbut a manifestation by condurt^ to 
human tribunal could try ; the stiEAttle requires by its 
▼eky letter (but witiiout which letter reasod must 
have presumed) that the intention to cu^ off* the 8o«^ 
vereign should be manifested by an open act$ add aa 
a prisoqer charged with an intention^ could have no 
notice how to defend himself without the charge of 
actions from whence the intention was to be inlputed 
to him, it was al\«1ays the practice, according to the 
sound principles of Et^lish law, to state upon the 
face of the Indictment the overt act, which the 
Crown charges as tlie means made use of by the Fri^ 
sbner to effect his traitorous purpose; ai^d as this 
rule was too frequently departed from, the stetute:i3€ 
the seventh of King Williaan ^enacted, for the bene- 
fit of the Prisoner, that nfo evidence should tonm be 
given of any overt iict hqt charged in Ihe lodietiMMt* 



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TI)ft TBI^I. OF TtfOMAS HA«DT. .96^ 

^Tbe cb^rge^ therefore^ of thfs overt acts in the loi^ 

dictment is the naficG, enacted by s^tote to be give^ 

Jo tfae Friqohpr for his prptectipa^ of the means h^ 

4vfaidi the Crown is Uf submit to t^e Jury the exists 

ence g( the traitorous purpose, wbich i$ijth|& crir^e 

alleged against him, aud ia pursuance of which trai<* 

tjOTQUfi puqpose th(& overt ficta mu3t also b^ cbargy:d 

iq lure been oommitted. — ^Whatever, therefore, ia 

nekvant or compfetrnt evidence to be received in 

aiupport of the tiaitprous intention, is a legal overt 

act, «nd what acts are competent to that purpose, is 

'{as in all other cases) matter of law for the Judges ; 

bat whether, after the overt acts are received upon 

Ibe ittOQisd 9S coQipet^t, and are established by propf 

upon tbe trial, they be sufficient or insufficient in 

the particular instance, to convince the Jury of the 

traitQiPMS cpmpassiiig qr intenUo^Q, is a tnere^nati^r, 

Af FACT^ wh^ch, from its v^ry nature^ can be rer 

Sliced to UQ other ^ta^dard than that which each 

«ian!s.Qiwn confcieQce aqd .understanding erects in 

hia mind, as the arbiter of his j^dgment.-^^his 

.doctrine i^ by no tmi^aps u&ff n^r peculiar to high 

jtreason^ but pervades the ^wbole Jaw, and may be 

Wiil iUudtrat^ in a memorable case lately depide4 

jupon writ of^error iurtfae House of JU)rds, and which 

inuflt be in ftfee menjory^pf all the Judges now pre^ 

"«9nt, .who rtook <a part in its decision.'rr-There the 

M^eati<Mi iwas; wb^stlier, upon the^stablisbmeot of.a 

number of ;faots by l^gal evidence, the I>efendant bad 

zOf ,|i;||c^ Ibe.knpwing of ,M|hich would 

A A 4 

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800 * ' MX. BfiSKTKB*S 8PBECH OK 

leave him defenceless. — ^To draw that question from 
the Jury to the Judges, I demurred to the evidence, 
saying, that though each part of it was legally ad- 
mitted, it was for the law, by the mouth of the 
Judges, to pronounce whether this fact of knowledge 
could legally be inferred from it ; but the Lords, 
with the assent of all the Judges, decided, to my 
perfect satisfaction, that such a demurrer to the evi- 
dence was irregular and invalid ; that the province of 
the Jury over the effect of evidence ^ ought not to be so 
transferred to the Judges, end converted into matter 
of law ; — that what was relevant evidence to come 
before a Jury, was the province of the Court, — but 
that the conclusion to be drawn from admissible evi- 
dence, was the unalienable province of the country. 

To apply that reasoning to the case before, us :— 
The matter to be iifiquired of here is, the &ct of the 
Prisoner's intention, as in the case I have just cited 
it was the fact of the Defendant's knowledge,— The 
charge of a conspiracy to depose the King, is therefore 
laid before you to establish that intention ; its com- 
petency to be laid before you for that purpose, ' is not 
disputed ; I am only contending with all reason and 
authority on my side, that it is to be submitted to 
your consciences and understandings, wheth^y eyen 
if you believed the overt act, you believe also that it 
proceeded from a traitorous machination against tbe 
life of the King. — I am only contending that these 
two beliefs must coincide to establish a verdict of 
Guilty.— *I am not contending, that^ under oircoiii- 



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THE TBXAL OF THOMAS HAUDT. ^ S8l 

ttances^ a conspiracy to depose theKing^ and to an- 
nihilate his regal capacity, may not be strong and 
satisfactory evidence of the intention to destroy his 
i^iFB ;— but only that in this, as in every other in* 
stance, it is for i/cm to collect or not to collect this 
treason against the King's life, according to the re- 
sult of ydur conscientious belief and judgment, from 
the acts of the Prisoner laid before you ; and that 
the establishment of the overt act, even if it wei« 
established, does not establish the treason against the 
King's life, by a consequence of law: but on the 
contrary, the overt act, though punishable in ano* 
ther shape, as an independent crime, is a dead letter 
upon this record, unless you believe, exerdsing yew 
exclusive jurisdiction over the facts laid before you, 
that it: was c&mmitted in accomplishment of the 
treason against the natural life op the Kino. 

Gentlemen, this particular crime of compasMng 
the King's death, is so complete an anomaly, being 
wholly seated in unconsummated intention^ that the 
law cannot depart from describing it according to its 
real essence, even when it is followed by his death : 
-^a man cannot be indicted for killing the King, as 
was settled in the case of the Regicides of Charles 
the First, after long consultation among all the 
Judges :-*it was held that the very words of the sta- 
tute must be pursued, and that although the King 
-was actually murdered, the prisoners who destroyed 
binr ccHild not be charged with the. act itself^ as high 
treason^ bvitwitbtbe compassing of his death ; the 



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362 MX* £K$KINB*8 8PAEC9.017 

very act of the executioner in bebeadidg bim, being 
qnly laid as the overt act upon the re90r4t*^Thm!» 
though the overt act was ao coni^eot^d witli, m to 
be even inseparable from thetnutwow intsntion^ yet 
Ibey were not confounded because of tho efl^ of 
the precedent in dissimilar cafes ; and altboqgb the 
Regicides came to be tried immediately on Ihe neitp- 
mtion of the Kiag> in the day-r^^Hng of hi^ anlberjty^ 
a^d before high prerogative Judgf^j and vt^iiiff^ etr- 
cttinstaQces when» in any country but Englafid* ihm 
trial would have been a mockery, or their ^epolioo 
have been awarded without ^m tbe fonns of imd$ 
f^ in England^ that sacred liberty » whieb baa forever 
adorned the constitution, vefuied to aaenfim to seal 
or enthusiafm, either the aisbslaiioe or the kmm» of 
^nstioe. Hear what the Chief Sarun ppoimuiio9d 
upon that <x)caaion :-*-'* Thse (mrew$ are tpi^pr^r 
** needed with according ih Jaw ffth^ Umd^ and 
^* / sff^U 4pe9M notiiug to ym iut mim are xilK 
^' woaps iifthe law. By iJke Hutute tf Edward the 
*^ Third, it is fnade high ir^easm to compass andima- 
*^ jgit^ ihe dtaik of the King ; in no c^se i^^ imop^ 
^^ mrtim or compassing, without an ad/uai offset, u' 
^' punishable by law.'' He then speaks of tbe isaored 
jife f)ff tbe Kuog, snd apoaking of t*te tireaaM^ says; 
-— ^' The treoson cotssiste m the wiciod tsnsfgimtie^ 
^^ whi^ is nat Ktt^cir^t:; Imtwhm this poison, smetk 
•" rfffif (ftks heart, and breaks forth ioto aetiost^ w 
-'^ thai pose it is high fmoison. TsBsr what is M 

<^ oyf£EJ ACT Of" KH liCAMXATiaK, Oft .CMfPj|MIir0 



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tHS TMAI* OF fHOlirAS RASSY. SQS 

^ OF THS KlNG^S DSATH ? TfiULT^ IT IS ANT THIKO 
'^ VrWOH SHOWS WHAT THB IMAGINATION OF THE 
f* HEART is/* 

Indeed^ Gentlemen^ the proposition is so clear^ 
that one gets oonfbonded in the argument from the 
very simplicity of it ; but still I stand in a situation 
which I am determined at all evente to fulfil to the ut^ 
most; ted I shall therefore not leave the matter upon 
these authorities^ but will bring it down to our ownr 
times^ repeating my challenge to have produced one 
single authority in contradiction. Lord Coke, in hi^ 
third Institute, page 11, and 12, says:—*' The ta^ 
^f dictment must charge that the Prisoner traitorously 
^^ comfim^d and imagined the death and destrticti<m 
ff if the King" He says too, — ^^ There must be a 
f' compassing or imagination; for an xtet without 
5' t09Ji^as9i^y intent J or imagination, is not within the 
^^ act^ as ajpeareih hy the es^ress letter thereof. iSe 
** actus non facit ream nisi mens si$ reaj* No^ 
tkif^ ill language can more dearly iUiutrate my 
prpposttion.*^The indictment, like every other in^ 
dfctment^ must charge distinctly and specifically the 
crittie^ that charge must tba*efore be in the very 
words of the istatute which creates the crtme; the 
ori»e ereated by the statute not being the perpetca« 
tion of any act, but being, in the rigorous severity of 
tke kw^ the very ^xmtettrplation, intention, and con«* 
tirvmee of a purpose 'directed to an act : that ooo^ 
l)enlplati0n, puipose, atid contrivance, must be fousid 
to exist j wsthottt wUcfa, mfu Lwd Cok^ tbere can 



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36a. • MR. EBSKIJTE's SP£<CH T>N 

be no compassing : and as the intention of the imnd 
cannot be investigated witbont the inyestigation of 
conduct^ the t)vert act is required by the statute, and 
must be laid in the Indictmient and proved.— It fbU 
lows from this deduction, that upon the. dear pitel 
ciples of the English law, every act may be laid as an 
overt act of compassing the King's death, which may 
be reasonably considered to be relevant and com- 
petent to manifest that intention ; for, were it other*- 
wise, it would be shutting out from the view of the 
Jury, certain conduct of the Prisoner, which might, 
according to circumstances, lead to manifest the cri- 
intnal intention of his mind ; and as more than one 
overt act may be laid, and even overt acts of different 
kinds, though not in themselves substantively trea- 
son, the Judges appear to be justified in law, when 
they ruled them to be overt acts df compassing the 
death of the King ; because they are such acts as be- 
fore the statute of King William, which required 
that the indictment should cbai^ all overt ads, 
would have been held to be relevant proof; of whidi 
relevancy of proof the Judges are to judge as matter 
of law ; and therefore being relevant proof, must also 
be relevant matter of charge, because nothing can be 
relevdntly charged which may not also be relevantly 
admitted to proof. These obseiVations explain to 
the meanest capacity, in what sense Lord Coke nnak 
be understood, when he says, in the v&j same page, 
that, *^ ji preparation to depose the King, and to 
f f take tke Jiin§ trjfoice ^nd strong i«m?, imtii he Im 



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THB TfilAL OP THOXAS HARBY. 

^ ymUei to cftiain demoatdSf is a sufficient oieftof^t 

** to fMve the compassing of the King's death J* He 

does not say as a pbopositIon of law^ that he 

m^ho prepares to seize the King, GompassethJiis ckftth^ 

tint that a prepace^n to seize bim is a sufficfenfevov^rt 

act TO JPibvH.tbe compassing ; and b^ dirieet^y gi^ea 

the rea^on^ ^^ beeauae of the steon^ tienden^ it has 

*5^to that end," This latter sedtencef d€3troy« aH 

fiinbiguity. — I agree perfectly with Lord Goke, aUd 

•I> think every Juclge would so decide,- upon th^g^oe-i 

rsi principles ofiaw and evidence; without any il^sort 

to his. authority for it ; and for this plain and ojb\dl<Hi9 

reason :*—Tlie. Judges who are»by law;T:odecid6'iipda 

: the ^relevancy or competency of the piioof^anreveqr 

Imatter criminal and civil , hav^e imxnemorialtj sancr 

'.tiOiied . the indispensable n^essity of c^wrging; tht 

tfaitofdus intention as tlie crime^ before itlw^s mi- 

r^red by the^ statute of. King WilKam.rH^ the 

crime is in its natnre invisiUef and tnscrutablei juntii 

'numifested byrsuch conduct aejn the eye of i^easbn is 

sndicatrire of the intention, which constitutes the 

crime; no overt act is therefore held- to be sq&Qienit 

■tOigt^eJDris^ction, ev«n to a' Jury' to draw thejqfer- 

eticein fact of the traitorous; porposei but suphacta 

fr6m whence-.it may be. reasonably inferred; .and 

therefore as the r^traint aiid impifisbadfient of a 

fPrince has a greater tendency to his destruction th&n 

in the case of a private man, such conspiracies are 

admitted to be laid as overt acts, upon this princjple, 

thfl^ if. a man does an act from whence either an 



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806 m. bbskivb's wwmcu os 

inevitable or a mflblj probable cohdeqaenos vo/ij be 
especbed to fcHow, much more if he persists d^be-^ 
lately in a course of conduct^ leading oeitakity or 
probably to any given consequenoei it is r eascmaUe to 
believe that he fonesawr snch consequence^ aad by 
IHirsuinghts purpose with that fordtnowkdge^ At 
intention to produce the consequence may be f»rly 
imputed.^— JSoe ikm all ihis is matter of fad far l^ 
Jwyfp^m Ae evidence, kot mattbrop lav for tos 
Court; further than it is the privilege and dtrty of 
the Judge to direct the attention of the Jury to the 
evidence^ and to state the law as it may result from 
the <fifierent views the Jury may entertain of the 
fivcts; and if such acts could not be laid as overt 
•idts^ they could not be offered iii evidence ; and 
If they co«dd not be offered in evidence^ the mmd 
t3f the Pirisoner, which it was the olgect of the trisl 
to li^ open as a clue to -his intention, would be shot 
tip and concealed from the Jury, whenever tl^ death 
of the Sovereign was sought by circuitous hut obvious 
means, instead of by a direct and murderous madii- 
«Mtion.-^But when they are thus submitted, as mat- 
ier of charge and evidence to prove the traitorous 
'pinpose \^hich is the crime, theiSeourity of the King 
and of the sul^t is equidly provided for: all the 
matter which has a relevancy to the crime, tsidiai^ 
able and proveable, not mbitaniivefy to rwe timn 
4hetr ettablishment a Jegal inferenoe, but to raiie 
^presumption in^^, ei4)able of being weq^ed by:the 
Jury with all the cnronnitanoes ofthe transaction^ as 



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THB TMAh OF THOMM HAKDT. SGf. 

wBSsred to the Crown and the Prisoner i llfeir province 
brii^ifioaliy to saj — not what was tbe possible 'Or tktt 
prabebie miisequence of the oi^ert act bud in the I»d 
dictmefit^ hat whether it has brought Ihem to a v£t 
and conacientibus judgment of the giiHt of ibhe Pni;- 
soneri i. e« of his guilt in compaesti^ the death of 
4}ie King, which, is the tveasoa charged in the In;- 
dictroent. Lord Hale is, if possible, more ^d^icsect 
and exploit trpon tlie subject.*-^He s^ys, p^ 3107, 
^* The ^w^rds ctMpas^ or imagine^ are ^u great tm^ 
*^ tiittde; tkmj refer 4o the purpose or design ^fAt 
*' MIND OR WILL, though the purpose or design )taba 
^^ not ^effect •: but compassing or imaginingj singbf fljf 
*^ its^) k an rKT£UNAL nct^ and, witbma ^ometkmg 
^^ to SCAKIFBST it^ coufd not possibly fall under ^anff 
*^ judkiul^cognizcmce but of God alone % andxberefbn 
^' ibis statute ^ requires ttuch an ovb&t. act oar Miy 
^^ render the compassing, or imagtning capoMt^vfm 
*^ trial and sentence by faimun judicaiuretJ** .Skw 
'can any man possibly derive ^ from such a writing 
(proceeding too from aa adtboriof the icbars^C'df 
-£jord Hale), that an ov^^rt act of compassing, »in^it 
^n 'htis j^gment be an act committed inadvQiiten% 
without the intention ? Can any man gather fcon 
4t^ thfttli man,/ by falling into bad company, oan he 
ij)MWii in to be gnilty of this species of treaaonfa^ 
-Hish ^niidct, while the love of his Sovereign wda 
tghSwl^'in* his bosom ?-^Can there be any pertiovidr 
^deeiB ^«lli^ can entitie a Judge orCoansel topm- 
2|idi&loe 'tis ^ -mttet ^f law^ i^ilhat ^another nsan:!!)- 



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S08 ' SIR. BBSICIHE'S SPBeCROIT' 

tends ? or that what a man inteiuk is riot d nrntita* 
of fact ? Is there any man that will meet the matte* 
Curly, and advance and support that naked propor- 
tion ? At all events^ it is certainly not a proposition 
to be dealt with puhlidy ; because the man wbase 
mind is capable even of conceiving it, should be 
treasured up in a museum, and exhiluted there as a 
cariosity, for money* ' 

\ Gentlemen, aU I am asking however, from mj 
argument (and I defy any power of reason upon earth 
to move me from it), is this : that the Prisoner being 
charged with intending the King's deaih, you are to 
'find whether this charge be founded or unfounded : 
and that therefor^, put upon the record what else 
you will, — prove what you will,---read these books 
'Over and over again, — and let us stand here a year 
and a day in discoursing concerning them, — still the 
question must return at last to what you and you 
*om.Y can resolve— fo he guilty of that base detestable 
intention to destroy the King? Not whether you. 
incline to believe that he is guilty ; not whether 
yoa suspect, nor whether it be probable; kot whe- 
ther he may be guilty ; — nQ, but that proveably 
RS IS GUILTY. If you can say this upon the Evi- 
dence, it is your duty to say so, and you may^ with 
a tranquil consdence, return to your famiUes; though 
by your judgment the unhappy object of it mu^ rt* 
turn no more to his.— -^Alas ! Gentlemen^ what do I 
say ? |iB has no family to return to ; — the afiectionate 
partner of his life has already fidleo a victim tathe 



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THB THIAL OP THOMAS HARDY. S6§ 

BurprisQ and horror which attended the scene nov^ 
transacting.-- «But let that melancholy reflection 
pass^t should not, perhaps, have been mtroduced— » - 
it eertainly ought to have no effect upon you who 
ere to judge upon your oaths» — I do not stand here 
to desire you to conimit perjury from compassion ;— ^ 
but at the Same time my earnestness may be forgiven^ 
nnce it proceeds from a weakness common to us alU 
I claim no merit, with the Prisoner for my zeal ; — it 
proceeds from a selfish principle inherent in the hu- 
man benrt.— I am Counsel, Gentlemen, for myself. 
In every word I utter, I feel that I am pleading for 
the safety of my own life, for the lives of my children 
after me, for the happiness of my country, and foi 
the universal condition of civil society throughout the 
Vorld, 

But let us return to the subject, and pursue the 
doctrine of Lord Hale upon the true interpretation 
of the term overt act, as applicable to this branch of 
treascHS. Lord Hale says, and I do beseech most 
earnestly the attention of the Court and Jury to this 
passage^*-^^ If men conspire the death of the King, 
^^ and thereupon provide weapons, or send letters, 
'* this is an overt act within the statute/' Take this 
to pieces, and what does it amount to ?---" If men 
/' conspire thedtodi of the Kmg^'* that is the first 
^iog, viz. the ihtisntton, ," and thereupon,** that is, 
in .pjofsuance of' that mcked inteTUim, ** provide 
/* V^pons, or seiid tetters for the execution thereof,** 
i« e. for the exdaution of that destruction of th^ King, 

vol., in, B B 

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S70 MA. £&8]CXNB S 87EJECH Olf 

which they have meditated, ^^ this is to oirert ac^ 
^' within the statute." Surely the meaning of afl 
this IS self-evtdent.^-^f the intention be against tht 
King's Iife^ though the.consfiiacy does not iinme«* 
diately and dtrebtly point to his death, yet stift the 
overt act will be sufficient if it be somedm^ wbicb 
has so divect a tendency to that end, as to be com^ 
petent rational evidence of the istcntion to obtain it* 
But the instances given by Lord Hale htmsdf ftir«- 
nish the best illustration-^*^ Jf intn conspire to iw- 
^^ prism, the King by tomes anx> a stuoug hjuvS^ 
'^ until he has yielded to csrtain demrnds, andwoti 

^' I'HAT PUjRPOSB OATllEa COMtSaXX, OR WBITB UT- 

^^ TARS, that is an evert act to pIiota ihecempstss^ 
^^ ing the King's death, as it was heUA in Lord Cob^ 
^^ ham's case by all the Judges.** In this sentenq^ 
Lord Hale does not depart frooft bhat precision which 
so eminently distinguishes all his \trittag8 ; be does 
not say, that if men conspire, to imprison the King 
.until he yields to deitain demands^ a«d £(>r that pur- 
pose to do do and so,. This is kigh l^Wioa^-^iio, Mr 
eveb an overt tot of high traason, liiailgf^ he flkight 
jgk legil lafiguage correctly have said ao i but t6 j^- 
Tent the possibility of confbuadii^ the tseaaoft With 
mattdi" whidi may be legaUy ehlnged as r«hmnt to 
^he proof of it^ Mt fdllows LordCofce'a 0xpns8Mon ifi 
the third Institute, iMoid ^ys, This is sdi overt art fa 
prove the compaairing of the Kiag'ddeattb x Mi asf if 
% this mode of eKpitassion fad hsld tfdt dOM MOogh 
to keqp the ideas asunder, ixid ftwn idittodabt re^rd 



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THB I'KIAL OF ^ROMAt HAtmr. BJl 

kft (h€ rights ffild Kberties of the subject^ he imTne-^ 
dkiteiy adds, '*' But then there must be an evert act 
** to vhoVE that conspiracy ; nnd then thai evert act 
^ to vBOvn such design, is an overt act to pbove the 
•' cofnpassing of the death of the King."" The Ian- 
gafige of tbis sentence labours in the ear from the 
eKcessi^e caption of the writer ;^ — atfraid that hie 
teaider eihfOifld jump too fast to hia conclaston upon 
M snbject of such awful mbmetit^ he pulb him back 
#fiter he has read that a con^pt^y to imfprison the 
iCing^ i^An overt act to jbrove the compassing of his 
deathy and says tohimy But recollect that there must 
fee ^n Of eft act to pmovb, in the first place, that 6on* 
ipiVaey to imprison the King, and even then that in* 
tiniion 16 {fnpHsm hi'k sh manifested by the overt 
&cti id bat in its turn an overt act ofo pfeovB the com« 
pais^ihgor intention to destroy the King*— -Nor doel 
f he great aHfd benevolent Hale rest even here, but 
after this almost tedioris perspicuity, he begins the 
j>e*l sentence with thisfresH caation atJd limitation, 
^^Buttften thii ffUist be intended^ U conspiracy 
*^ i^OBCi^Lir to detain and impHson theKing^* What 
Hien id a; e&iispiracy forcibly tdinnfifris'on the King ?— 
to^ety it can require nb explan^tioh: it- can only be 
'0 di^eit ttidfihtnation: to seize and detdifl bis fistsov 
by rebellioQa force.^--WrH this exprcfsskm be satisfied 
by a eompiracy to^ze ^ecuhtively upon his autho- 
Hty iy the p^tieation ef pampAhtis^ whichyby the 
incc^;atioi> of repiA)Iioan prbfti^>les, may in the everi^ 
titti cireiilatidii o€ jI oodtse of yespa^- perha^ in d 

BB 2 

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372 JiK. fiffSRINBfl 8FEBCH OV 

course of centuries^ in this King's time^ or ra tWi 
time of a remote successor^ debauch men*s minds^ 
froni the English constitution, and, by the destruc-^ 
tion of monarchy, involve the life of the Monarch ?— 
Will any man say that this is what the law means by 
a conspiracy against the King's government, sop^ 
|>osing even that a conspiracy against his govern- 
ment were synonimous with a design upon his life? 
Can any cdse be produced where a person has been 
found guilty of high treason, under this branch of 
the statute, where no war has been actuidly levied, 
unless where the conspiracy has been a forcible in*- 
vasfon of the King's personal liberty or security ? I 
do not mean to say that a conspiracy to levy war may 
hot, in many instances, be laid as an overt act of 
compassing the King's death, because the war may 
be mediately or immediateiy pointed distinctly to his 
destruction or captivity ; and as Lord Hale truly says, 
^' smiatl is the distance between: the prisons and 
^' graves of Princes,-'-rBut inulti|dy the instances as 
you will, stiH the principle presents itself. r—The trjath 
<>f this very maxim, built upon experience, renders 
-an overt act of this description ratbnal and eOmpe^ 
ient evidence to be left to a Jury of a design againat 
the King's life ; but it does not, ther^ore, cb^ge 
the nature of the . crime, nor warrant any Court to 
-declare the overt act to be kgaUyand conclusively 
'indicative of the traitorous intention ^ because, if thv 
-be once admitted to be Iaw» and the Jury are bound 
^ko find the (reasoi\ upon their befief (^ the eatstoxr 



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<i»f th« overt act^ the trial: by the coun^ is at an end^ 
and the Judges are armed with an arbitrary uocon^ 
irolbible dominion over the lives and liberties of the 
nation. 

' Gentlemen, I wili now proceed to show you tiiafe 
the doctrines which I am insisting on have be^n held 
by all the great Judges of this country^ in even the 
worst of times, and that they are, besides, not at all 
peculiar to the case of high treason, but pervade the 
whole system of tJie criminal law. Mr, Justice For^ 
ster, so justly celebrated for his writings, lays down 
Ihe rule thus :-r^It may be laid down as a general 
mle, thai ^^ indictments founded upon pekal sta« 
^^TOTBs, ESPECIAI^JLY THE MOST PENAL, 
5^ must pursue the statute so as to bring tfce party 
*f within it,*' — ^And this general rule is so expressly 
allowed to have place in high treason, that it is ad-* , 
mitted on all hands, that an indictment would be radi- 
cally and incuraUy bad, unless it charged the comr 
passing of the King's death, as the leading and fun* 
damenta) averment, and unless it formally charged 
the overt act to he committed in or^er to effectuate 
the traitorous purpose. Nobody ever denied this 
proposition ; and the present indictment is framed 
accordingly. Now it is needless to say that if the 
benignity of the general law requires thi^ precisbn in 
the indictment, the proof must be. correspondingly 
precise, for otherwise the subject would derive no 
fa^idit (ram the. strictness of the indictment; the 
jltnetn^s of wbidi can have no other nqteaping in kw 

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174 MMs BWKINB's much 019 

qr oomman s^ye^ than the protection pfth^ Frimlf t; 
fiir if, though the indctment mi»t dir^ly cbAfg^n 
breach of the very letter of the statute^.the Pnap»» 
could, neyerchelesSy be convicted by evidence OOfc 
amounting to a bpeach of the lbttbb, then the 
atrictneas of the indietment would not only bi no 
protectbnlQ the Priscmer, but a direct violation oi 
the first priaoipln of justice criminal and civil, whioii 
call universally for the proof of all material avermeiita 
in eveiy legal proceeding.^^But Mr. Justice Forster 
expressly adverts to the necessary severity of proofs 
as well as of cbarge-^for he says, that *^ although a 
f^ case is brought within the reason of a penal sta^ 
f ' tute, and within the mischief to be prevented, yjet, 
^^ if it doe§ not come within the unequivocal leUer^ 
^^ the benignity of the law interposetb/- If the law 
then be thus severe in the interpretation of every 
penal proceeding, even down to an action for tho 
killing of a hare or a partridge, «are its constructioBS 
oialy to be enlarged and extended as to the statute of 
high treason, although the single object of paasing it 
was to guard against constructions i 

Gentlemen, the reason of the thing is so palpaialgr 
and invincibly in favour of this analogy, that it never 
met with a direct opposition. — The Attorney General 
himself distinctly admits it in one part of his address 
t9 you, though he seems to 4^ny it in anotber.TTtl 
hope that when J state one part of his speech to faeiq 
diametrical opposition to another, he mil nofcaopfioae 
that I attribute theinocmsistencytoany defect, etibar 



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m hit understandmg or his heart ; £ir from it-^it 
arises^ I am oonvtnoed^ from some of the authoritiet^ . 
iiot bong suffideatly understood* 

In the begiaoing of hia speech he admits that the 
•videoee most be satisfiu^ry and convincing :^i to 
the intention ; but in the latter fart he ^ems^ as it 
were^ to take off the eflSsct of that admisston. I wish 
to give you the very. words. I took them down at 
the time ; and if I do not state them. Correctly, I de-o 
•ire to be corrected* ^^ I most dirtioctly disavow/* 
said my Honourable Friend, ^^ eveiy case of con^ 
f^'StruGtion. I most distinctly disavow any like case 
^^ of treason not witliin the letter of the statute. I 
^^ most distinctly disavow cumulative treason. I most 
f^ distinctly disavow enhaiidng guilt by parity of 
^ reason. The question undoubtedly is, whether 
i* the proof be foU and satisfactory to your xeasons 
^f and consdenoes that the Prisoner is guilty of the 
^^ treason of ^ompa^ing the King's death/* Gentle^* 
men, I h<^ that this will always with equal honour 
he admittedt Now let us see how the rest of the 
learned 0entleman*s speech falls in with this. — ^For 
he goes on to say, that it is by no means necessary 
that the distinct, specific intention should pre-exist 
^e ovect ^et^ '* If the overt act," says be, *^ bq de* 
^^ liberately committed, it is a compassing/* But 
iioW'SO, if the intentmi he admitt0d to be the trea- 
sons. What benefit is obtained by the rigorous de- 
mand of the statute, that the compassing of the 
lying's deat}) sMl be charged by the ii^ictment a$ 

I 

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876 MB. nsKiKB^s wraoH oir 

the crime, if a crime different, or short of it, can be 
substituted for it in the proof: and how can t^e 
statute of Richard the Second be said to be repealed^ 
which made it high treason to compass to depose the 
King, independently of intention upon his life^ if the 
Jaw shall dedare^ notwithstanding the repeal, that 
tbey are.syhonimous terms, and that the one com* 
ctusivBLY involves the other ? 

Gentlemen, if we examine the most prominent 
cases, which have cotse in judgment before Judges 
of the most unquestionable authority, and after the 
constitution had become fixed, you will, find everjr 
thing that I have been saying to you justified.and 
confirmed. 

The 6rst great state trial, after the Revolution,, 
was the case of Sir John Freind, a conspirator in the 
assassination plot. Sir John Freind was indicted for 
compassing and imagining the death of King WiU 
liam ; and the overt acts charged, and principally rep- 
lied on, were, first, the sending Mr. Charnock into 
France to King James, to desire him to persuade the 
French King to send forces over to Great Britain, to 
levy war against, and to depose the King, and that 
Mr. Charnock was actually sent ; and, secondly, the 
prepal*ing men to be levied to form a corps to assist 
in the restoration of the Pretender, and the expulsion 
of King William, of which Sir John Freind was to be 
colonel. — In this case, if the proofs were not to be 
wholly discredited, and the overfl^acts were, conae- 
quentiy establisbedj they went rationally to conyinos 



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THtt TRXAXi CF THCMM HAltDt. $7^ 

^e mind of every man of the pre-existing intention 
ta destroy the King. — ^The conspiracy was not to d6 
«n act which, though it might lead eventually and 
^culatwehf to the King's death, might not be fore^ 
i9Ben or designed by those who conspired together :— 
iftbe conspiracy was not directed to an event, probably 
jeadingto another, and a different one, and from the 
liappening of which second^ a third still different 
might be engendered, which third might again lead 
in its consequences to a fourth state of things, Which 
migh^ in the revolution of events/ bring on the death 
ȣ the King, though never compassed or imagined:-^ 
-iPreind's conspiracy, on the contrary, had for its direct 
and immediate object the restoration of the Pre- 
tender to the throne, by the junction of fordgn and 
xebellioas force. In my opinion (and I am not more 
^disposed' than others to push things beyond their 
mark in the administration of criminal justice). Sir 
JFohn Freind, if the evidence against him found credit 
with the Jury, could have no possible defence ; since 
the evidence went directly to prove the despatch of 
Chamock. to Prance, under his direction, to invite 
jthe. French King to bring ovisr the Pretender into 
-Engknd, andto place him on the throne. — ^The in- 
tention, therefore, of Sir John Freind to cut off King 
'William, was a clear inference from the overt act in 
^question ; not an inference of law for the Court, but 
^of fact for the Jury, under the guidance of plain 
common sense ; because the consequence of the Pre*- 
tqider^ reg^inttig the throne^ must have been the 



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^J'ft ill* MWian's svnoii :oir - 

nUmdet of King WHliam by oct of PArlilmieAtt^v 
SiQm^ gentlemen seem to look as if ^ey thought 
bot-^but I should be glad to b^ar tbe potttum eoth- 
tradicted,*^! rqieat, that if the Pretender bad been 
restored^ as King of England/ tbe legal ccmsequeQee 
would have been^ that King William would hare been 
a traitor and an usurper^ and subj^ as sod) to be 
tried at the Old Bailey, of whererer eke the King^ 
vriio took his place^ thought fit to bring htm to jtidg* 
zneht-r^From these premises^ therefore^ there could 
be no difficulty o{ ipferring the intention ; and^ there^ 
iore, if ever a case existed^ where, from the deuvess 
of the inference^ the province of the Jury might have 
been overlooked^ and the overt aiet ccHifbonded vritli 
the treason, it was in the instance of Frdsd ; hut so 
far was this from being the case, that you wifl fiad^ 
on the contrary, every thing I haire been saying to 
you> sineelb^n.to address you, summed up and 
confirmed by that most eminent magiatmte Lofd 
Chief Justice Holt, who presided iifxm that trial. 

He begins thus tf^^^ GerUlemen efthe Juty^ Iji^k 
^^ ye^ the treason thcU is mentioned in ike Inditimemt is 
^^ conspiring y compassing y and imagining the death of 
^^ the King. To raotfi the cojiSBiBACY AKa ]>&> 
^' SIGN of the King's DEATH, two prindpal wen 
^^ act^ are insisted an?* He does not coQsider the 
overt act of conspiracy and consultation: to be the 
treason J but evidence (as it undoubtedly was ia that 
case) to prove the compassing the deaths ^&ie 
Chief Justice then states the two oivert acts d»ve 



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THB TRIAL OF THOMAS HAJIDY. 370 

■itn^oiMKsi^^nd sums up the evidence for and against 
t\m Frisoner^ and leaves the intention to the Jury 09 
mfiifer qffact.^^Fw it is not till afterwards that he 
csQiZMis to answer the Prisoner's objection in point of 
l|iw» «s the Chi€^f Justice in terms puts it-^^^ Ther^ U 
*f another things'' said Lord Chief Justice Holt, '^ Ae 
^^ did mi§t upon, anp that is matter of law. 
*f The ffqttit^2&ih Edward IIL was read, which it 
^^ the great statute about treasons, ani that does con^ 

V tain divers spefies of treason, and declares what shall 
f^ be, treason: one treason is the compassing and ima^ 

V ginmg the death of the JCing ; another is th levying 
^^ war. Now sajfs he'' (i. e.FABiNp), '^ here is no 
^f w$r (ictuqlly levied \ and a bare qor^spiracy to lety 
^ Hf^% i^^ ^t ^om^ y^ithin the law agaimt treason.** 
To pwm h«r^ a little : Freind'^ argun^ent was thisr*^ 
Wb^tiever my intentions n)i^t be-^vyh^tever my olv- 
5^ qf levying war might h»vi^ he^nr<-whatev^ might 
ll^ve l>f Q^ my Resign to levy it'-^^^hQwever th^ de^ 
Utrii^tieq of the King might have bei^n ^ff^ted by 
my Qonspiragy, '}( it h^d gone on-^nd hoMT^V^r it 
wight hwef b«(8n my iptenrioR that it 8h(?uM,-*it is 
npt trefl«eii within the ?6t)i qf Edwjrrd IJJ.-^To 
Yflmk Hplt r^plipd, 9 little incorrectly in language, 
l^Htright.imsubstappe-^^' Now for that 1 nmst teU 
f^ JfP^» ifjh^^ ^ only (^ fmspirflfy to levy war^ it is 
i^ ^07? iref^spn /* i. e. it is ppt a f&ubstantive treason : 
k is fiot .n tr#99pn ip th« pbsiract. ^^ But ifthedem 
*^ ugn und c^mptr^^ h fifA^ ^ iUl the king, or to 
^ dfptm hm 9r iwprifgn ism, orpHt any force or 



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^O MH. ERSKINifs SPEECtf ON 

** restraint upon him,^ i. c. personal restraint by- 
force, " and the way ofejgfecting these purposes is by 
^ LEVYING A WAK ; there the conspiracy dnd consult" 
*^ ationy to levy war for that purpose, is high treason, 
^* though no war be levied : for such consultation and 
** conspiracy is an otert act PROVING the com- 
^ passing the death of the KingJ"^ But what sort 
of war ig it, the bare conspiracy to levy which, is 
an overt act to prove a design against the King's 
Kfe, though no war be actually levied? Gentle- 
men, Lord Holt himself illustrates this matter so 
dearly, that if I had any thing at stake short erf* the 
honour and life of the Prisoner, I might sit down as 
soon as I had read it : — ^for if one did not know it to 
be an extract from au ancient trial, one would say it 
f^BS admirably and accurately written. for the present 
purpose.— ^It is a sort of prophetic bird's eye view of 
what we are engaged in at this moment :— *** There. 
^ may be war levied (continues Lord Holt in Freind^s 
^ case) without any design upon tlie King^s person, 
<' which, if ACTUALLY LEVIED, is high, trcoson, 
^^ though purposing and designing such a levying of 
^ war is not so. As for example : if persons do asr 
^^ semble themselves, and act with force, in opposition 
** to some law, and hope thereby to get it repealed i 
** this is a levying war,, and treason, though- the 

^^ PUftPOSING AND DESIGNING OP IT IS NOT SO% So 

'* when they endeavour, in great numbers, with 
^^ FORCE, to make reformation of their own he^^ 
** without pursuing the metkdds of the law, that, is 4 



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^f laying tmr,j^VT T£(e fuepo$£ aikd desigkin6.i«> 
^^ NOT sa. But if there ie, as I told you, a purposed 
^' and de^n. tro pB&xaoT the King^ and" (hot ori 
to depose, himt hut aiid to .<]^p09e hitn) ^^t to depose 
** him from his throne, whhh is proposed and designed^ 
*^ *o ie effected by war that.is •to bejevied; 4uch a con*-: 
^^ spirary afid consultation .to levy war for thet 
*^ BfiiNOiNG THIS TO PA«^" (u c. for bringing the 
King^s dearth to.pas^) '\ is an overt act qfhigh trea^ 
" son* So that^Geyitlenien, ^s to that objection whipk 
'' h^ makes, IN POINT OF LAW, it is qfnoforee^ 
^^ if there be epitfence sufficient to conDime, you thafi 
« > did empire to, levy war FpR SUCH AN 
f' END.'*.. And he coijcludes by again leavkig the 
lOl^tion e:LpfpftB\y to thfe Jury. 
. It js T^j^ ^NU therefore FOR WHICH the. waf is 
to be levied, and not the conspiracy to do any act 
whi^h the hw coasid^rs as a levying of wiar, that 
^nstitate^jaa overt act of treason against th6 King^s 
life.-— The most rebellions racweinepts towards a re- 
form 'm -government,^ not directed 9^in&t the King^s 
pfrstm, wiU rjot, according to Ix»d Hok, aippOrt 
l^he charge before you. — ^I migtit surroond the House 
of Commons with fifty thoq^artd men, for the ex-* 
press purpose of forcing them, by duress, to repeal 
any law that is offensive to me, or to pass a bill for 
altering elections, without b'^iijg.a possible object of 
fhis prosecDition. — Under the other, brandi of the 
atatute, I might indeed be convicted o£ levying war, 
^D^npt of Qoppasi$ij)g the Kipgis death; aiidif I 



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381' iat« BMKiiiii*! srasttH oir 

only cxmspred and ntedttated tfaid fishffg t0 repeal 
laws by rebeilion^ I could be convi^rted of tidlbtngf 
bttt a high misdemeanor.-^i wodd gtv« my fH^ddi^ 
the case upon a special vcMlkt^ and let tb^Of hiiig 
»ie if they oottld.**-^How> maeh more might I g^te it 
them if the oonspinkcy* imputed wd6 ijot to etiBM & 
reform by vtolenoe, bot^ as in the ease before m, by 
pamphlets and speacbds^ which tnighe pMdoce imi- 
versd sui&i^«y whi<^ unrr^rsal suf&dge ti^tght est 
0ut and destroy ArtstOdmry^ whidi destnidtion iH%hC 
kad tothefaUofMoMrehy^ and, in tieei^ytdthd 
death of the Kififg.^Oentlemen, if the 0ltis(f ilta« 
not too seridus, I shdtlld likeiS it tb (he pky iHtb 
wbidi we amuse our children. ^' T^m iitteem^ mtH 
*^ the crumpledy horn, wbioh gored th^e dijgy #il 
^ tvorriedtbewt, that «te the rat/ fcc« eftdiflgin tiie 
^* hottse whiah Jack buih." 

I do therefc^e maintain, upon the ei|i««sBaixtheriQf 
of Lord Holt, that, to eonvict a PriSdiSe»> elMg^ 
with this trdison, it ifr abMl^^ktdy neoesMry tfaatyotl 
stKHild be satisfied of his intention agaiiwt thi ISkg-i 
life, €is charged in thb indictment, and tha% bMf de^ 
sign against the King's got;emment wilt ei^il be a 
legal overt act to bel left to a Jury as the efti<tenoe df 
Mcb an intention (much less the substaeitivls Md 
consummate treason), unless the cenS|:)i#sliiy be d^ 
rectly pointed against the pers&n of the Kirtg., Tb* 
case of Lord George Gordon is oppMed to tlritt es i 
high and modern deci^on ; and the At tomey 0^ 
tieral descended indeed to a. very hu^mble^nd lott^Jf 



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TKB TOOLUj or VnOKM IIAkDT. , MS 

attttvoHty^ wfteti'h^ sought to'iiiaintain his arguititet 
By tny own speech, as Counsel for that tinfoftunate 
person. The passage of it alluded to lied at this 
toomeht befoK tri^ ; ^nd I sh^U repeat \t, atid re- 
maintautt it to-t!ay.-^But let it fitd be fecoKected, 
fliat Lord George Gortlon Was not indicted for com- 
passing or imagining the King's deaths under the 
jirdt branch of the statute, but by levying war uft- 
^ the second. It pever indeed entcfred into the con- 
ception of Jlny man Kving, that such an indifctiHent 
6Mdd have been maintained, or ^tempted against 
biitt: I appeal to one of your Lordships notv present, 
for whose learning and capacity I have the gi'e^test 
ttttd highest respect, and who sat upon that trial, 
that it was not insinuated from the Bar, much les^ 
adjndged by the Court, that l!he evidence had Any 
hearing upon the Jint branch of treason,--^! know 
ttlat I may safely appeal to Mr, Justice BuHftr foir 
Ihe truth of this assertion ; and nothing surely in 
the passage from my addness to the Jmy, has the 
rfeftlotest altu^dh to assimilate a conspiracy against 
ttie King's government (collateral to his person) 
with a treason iagainst his life, — My words were, 
^ 'Po compass, or imagine the death of the King\ 
^ «uch imagination, or purpose of the mind, visible 
^** only to its great Author, being manifested by some 
^ open acti an institution obviously directed, tibt 
** only to thfr security of his natural person, but to 
** the stability of the government; the life of the 
?5 Mhce bemg so interwoven with the constitution. 



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384 Ml* xm&nrs'a 81 Bsn onr 

^ of the State, that an attempt to deal^y the one, 
^' is justly held to be a rebellious coospiracy agiunst 
^« the other *;• 

Wh^t is this but to say that the King's sacred life 
IS guarded by higher sanctions than the ordinary 
laws, because of its more insqiarable connexion 
ivith the public security, and that an attempt to de<- 
atroy it is therefore made treason against the State ? 
But the Attorney General is,. I am sure^ too correct 
in his logic to say, that the converse of the prc^iosi-; 
tion is therefore maintained, and that an attack iqx>Q 
the King*s authority, without design upon his .per« 
son, is afSrmed by^tl^e same expression to be trea^ 
son against his life. — Jlis correct and enlarged mind 
is incapable of such confusion of ideas. 

But it is time to quit what fell from me upoq this 
occaaon, in order to examine the judgment of the 
Courl, and to clothe myself with the authority ai 
that great and venerable magistrate, whose memory 
will always be dear to me^ not only from the eminent 
services he rendered to his country in the administra- 
tion of her justice, but on account of the peiisonal 
regard and reverence I had for him when Iiv|{^. . 

Lord Mansfield, in delivering the law to tb^ Jutf 
upon Lord George Gordon's trial (I appeal ^ to tha 
trial itself, and to Mr. Justice Buller, now pres^n^ 
who agreed in the judgment), expre^ly distinguished 
between the safety provided for the King's nfivni/ 

. * See the Speech for Lord George Gotdon^ voli|i.p« 74|£ *> 

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TfiX TUkt'GB tUOI^AM 6ABDY. 383 

fiffmn,.hy the first branch of the statute^ afid the. 
4iewrity of fan eKecutive power under the second. 
Tk9% great Judge never had an idea that the natural 
f)eraQn jof the King, and the majesty of the King, 
mwe the torn* thing, nor that the treasons against 
Afaera were synonimous : he knew, on the contraiy, 
for be knew all that was to be known, that as ni5- 
^antim eriines they never had been blended. I will 
itmi his own words :~»^^ There are two kinds of 
^^ levying war :-»-one against the person of the King ; 
^^ to imprison, to dethrone^ or to kill him ; or to 
^^ make. him change meaBures, or remove connse!- 
^' ldrs:<»^the other, which is said to be levied against 
•^ the nugesty of the King, or. In other wordj, 
^^ against him in his regal capacity : as when a mu!« 
^^ titude rise and assemble to attain by force and 
^^ vioienoe my object of a general pubUc natare ; 
^^ thdt is levying war against the majesty of the 
^^ King ; and most reasonably so held, because it ^ 
^* tends to dissolve all the bonds of society, to de« 
** atrqy property, and to overturn government ; and^ 
** by fbffoe of arms, to restrain the King from reigil- 
<' ing according to law.^ iBut then observe, OeA-* 
tlemen, ths war mutt be actually levied; and here 
again I appeal to Mr. Justice Buller, for the words 
of Lord Mansfield, expressly referring for what he 
•aid to the authority of Lord Holt, in Sir Joha 
Freind*s case, dready eiteij : ♦* Lord Chief Justiee 
^' Holt, in Sir John Freind*8 case, says:— ^ If pet- 
'f aona do assemble themselves and act with forec;. 

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886 MB. BES&llffi-S 8FKECH <m 

y ia opposition to some litiv which, they think incoa- 
^ venient^ and hope thereby to get it repealed, ihis 
" is a levying war anii treason.' In the present case* 
*^ il don*t rest upon an implication that they hope4 
y by opposition to a law to get it repeated ; but the 
*f ^prosecution proceeds upon the direct ground, thA 

** the object was, y^y force and violence, to compel 
f*' the Legislature, to repeal a law; and therefore, 
'^' without any doubt, I tell you the jcnnt opinion 

*^ ofu^all, thajt, if this multitude assembled with 
/* i^tenty by, acts iff force and violence, to compel 
/^ the Legislature, to repeal a law, it is .h^h tresr- 
," son." TL^t these words 'of Lord Mansfield be 
itketx (^own, and then show me the inan, let his 
^rank and capacity be what tbeymay, who can rt- 
-move me from the foundation on which I stand, when 

I maintain that a conspiracy, to levy war for the ob- 
jects . of reformation, is not only not the high trea- 
;Son charged by this Indictment^ when npt directly 

ppinted against the King's ip^rson, but tbati^ven the 

^ctual levying it would not.amount to the eon^iM- 
.tion of the crime. , But this is the leasti fiialerilal 

part of Lord Mansfiield's judgment, as appifcabte to 
. th^ present question ; for he jexpressly. considers tthb 
: jnt«:ntion of the Prispnei*, whatever be the act of 

treason alleged against him, t6. be all m alK-r^So 
.far from holding the probable or even inevitable cos^ 

fiequencQ of the thing done a§ constitutii^ the 
. tquality of the act, he pronounoes them to be nothhig 

,^ separated ftojia ^ ihe^ cfiminal designs tD prodUte 
* Lord George .Crordon's, then on trial. 

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TITS TRIAL OP I'HOMAS HARDY. SS^ 

Ihem.— Lord Geeqge Gordon assembled an immense 
tnultitiide around the House of Commons, a system 
so o|)p08ite to that of the persons accused before this 
Commission, that it appears from the evidence they 
would not even allow a man to come amongst them, * 
because he had been Lord George's Attorney .-r-The 
Lords and Commons were absolutely blockaded in the 
chaoibers of Parliament; and if control was the in-- 
tendon of the Prisoner, it must be wholly immaterial 
what were the deliberations that were to be.cour 
trolled; whether it was the continuance of Roman 
Catfaolicis underpenal laws, the repeal of the septen-- 
.nial act, 6t a total change of the structure of the 
House' of Commons, that was the [object of' vio,- 
Iehee,-~the atlack updn the legislature of the 
country would have b^efh the same*- That the mul- 
fitode were actually as^emUed; round the Houses, 
and brought thei^ by Ibe Prisoner, it was impossible 
for me as his Couhteleyen to think of denying, nor 
that their tun^ultuous proqeedings weire not in ef- 
fict productive of great intitnidation, apd even dan- 
ger, to the Lords and Commons^ in the exercise of 
their authority: — neither did I venture toqyestion 
the law, that the aasembling the multitude /or that 
purpose, was levymg war within the statute. — Upon 
these* facts therefore, applied to the doctrines we 
have '^eard upon this Trial, there would have been 
•irothing in Lord George Gordon's case to try ; he 
rnust have been instantly, without. controversy, con- 
victed. — But Lord Mwsfield did not say to the Jury 

. c c 2 

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iM MR. BUSKINB^S SPBBCff OV 

(according to the doctrines that have been broached 
here)^ that if they found the muhitode ateembied bj 
the Prisoner^ wert in fact palpably totimidatmg and 
controffing the Parliament in the exercise of thdr 
foRCticms^ be* was guilty of high treason, whaUver 
his mienthns might have Aem«-— Hedk) not tdl them 
that the ineviOibk consequence of assembling a hnii'' 
dred thoasand peopte round the Legislature, being 
a control on their proceedings, was thertfon a levy- 
ing war, though collected from folly and rashness, 
without the intenikm of violence or oontroK~if 
this had been the doctrine of Lord Man^eld, there 
would (as I smd before) have been nothing to try ; 
for I admitted in terms, that his conduct was the 
extremrty of rashness, and totally inconsi^ent with 
Us rmk ill the country, and bis station as a i;iember 
of the HiMMNr f^ Commons. — But the venerable 
magistrate neve^for a moment lost sight of the 
grand ruling principle of^x^nal justice, that ariraes 
can heve no seat but in the mind ; and upon the 
Prisoner's inteniien, and upon his inientian o/one, he 
expressly lei^ the whole matter to the Jitry, with the 
foilfffmg diraetiofis, whidi. I shall read verbatitt 
from tise Trial t ^' Having premised these several 
*^ propositions and principles, the subject matter for 
^< your consideration^ naturally resolves itself .iirtD 
^* two poiots:: 

<^ Pirst, Whether this multitude did assemble and 
^ commit acts of violence, with intent to terrify 
^< and compel the Legislature to repe^ the aeieaUtd 



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THB TRUtr OP THOMAS RASmr. 38^ 

•* Sir Geoi^ SaviUe^s. — If upon this point your opi* 
^^ nion sfaodd be in the negative^ that makes an end 
^* of the whole, and the Prisoner ought to be ac- 
^^ quitted: but if your opinion should be, that ^A^ 
^ indent of this fnultitude^ and the violence they 
^ eoiniiiitted, was to force a repeal^ there arises a 
^ second pomt<— 

' *^ Whether the R-isoner at tlie Bar incited, en* 
'^couraged, promoted, or assisted in raising this 
^' insurrection, and the terror they carried with 
^ Ihem, WITH TRS iittekt of &ncing a repeal of 
«^ this Itfw. 

^ Upon these two points, which yon will call your 
^fittention to, depends the fete of this trial; for if 
*' eitfi^ the araltitiide had no such uUent, or 'mppo^ 
f^ img they had, if the Prisoner was no cause^ did noi 
'^ excite, and tod^ no part in conducting, counsd- 
^Ming, or fomenting the insurrection, the Prisoner 
*^ ought to be acquitted; and there is no pretence 
^' that he personally concnrred ia any act of vio- 
** lenee,** 

I therefore consider the case of Lord George Gor* 
don, as a direct authority in my favour* 

To show that a conspiracy to depose the King, in- 
dependently of ulterior intention against his life, is 
high treason within the statute, the Attorney Ge- 
neral n«t supposes that traitors had conspired to 
depose King Witliam, but still to preserve him as 
Stadtholder in HoUscnd, and a^s whether that cofw 
spiraey' would qot be a <;ompassing his death ; to tMt 

Q c 3 

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3^0 . MR. £RSKXNK*9 Sra&OH OK 

question I answer, that it wqmM not haw been ^cotn^ 

passing the deiith of King Willianij provided the 

ccmspirators could have convinced the Jury that, tbeir 

firm and band^de intention was to proceed no fur* 

ther^ and that, under that belief and impression, thi^ 

Jury (as they lawfully might) had negatived by their 

finding, the fact of the intention against the King's 

natural existence.-^I have no doubt at all, that^ upon 

that finding, no judgment of treason couki be 

pronounced : but the difficulty would be, to meet 

with a Jury, who, uppn the bare evidence of such a 

conspiracy, would find such a verdict. There might 

be possible circumstances, to justify such a negative 

of the intention^ but they must come from the Pri« 

soner. — ^In that case the Crown would rest upon 

the conspiracy to depose, which would be primd 

facie and cogent evidence of the conlpassing, and 

leave the hard task of rebutting it, on the Defend^ 

>ants: — I say the hard task, because the ease put is 

of a direct rebellious force, acting against the ICing; 

not only abrogating his authority, but imprisonir^ 

and expelling his person from the kingdom. I am 

not seeking to abuse the reasons and conSQiences of 

Juries in the examination of facts, but, am only 

resisting the confounding them witl^ ar\iitr?ry pro- 

positions of law. 

Gentlemen, I hope I have now a right to consider 
that the existence of the high tiieason ch^ged against 
the unfortunate man before you, is a matter of fact 
for your consideration upon the evidence. — To esta- 



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THJB^ Tumi* tIF . taOlttS! nUSDY. Sfi t 

blitth tbi9')K>int| baf been the scope q£ aU:th8k;7tJU 
have been listening to^ with so miiobhidaigeRoe a&d 
patience. It was my Jhltmlian ta bM^^octbec.aip- 
ported mys^If^ by ^ great many^aatiiont^iw/ iwhicb"! 
have beten laboriQU^ly. extcadting^ Jf^obthar dx^^teiH 
books of the Im ; bni rfiod I mqtft'patiaeitiGre^rlM 
I consume^ my strengthen', this preljabinary paxt^df 
the case» and leave the rest de{wtni;e. '. c . ; . » 
G€|i(tleaien>lhepiB|rs(A9kiiftin^ IndictmiBMl) 

are charged with a cQhspitacy to -aQbrert^he ^ma^ 
order^ and government of tbts country rand. it. is 
material that you should observe most particularly 
the means by which it'alleges thiapuifnoaewas to be 
apoomplisb^d, — ^Tbe. charge is not of a conspiracy 
to hold the' Convention in Scotland, wh^ch was 
actually held there; nor of the part they took in its 
actual proceedings; but the overt act^ to which all 
the Others are subsidiary and subordinate^ is a sup* 
|X>sed conspiracy to hold a Convention in England^ 
.which never in fact was held; and consequently all 
the vast load of matter which it has been decided 
^ou should hear, that does not immediately connect 
itself with the charge in question, is only laid before 
you (as> the Court has repeatedly expressed it) to 
.prove . that in point of fact such proceedings were 
.had, the quality of which is for your judgment'; 
^nd as far, and as far only, as they c^n be connected 
with the Prisoner^ and tlie.act whiplr he stands 
charged With, to be left tftyau, as evidence of the 

c c4 



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ili«eotidn«ritli wbieh the hoidiiif oif the M6Md Cm« 
todntioii WM fMyectsd* 

Tws wttVTtcw b tbemfoi^ the whole eeute-^ 
ht tbeehiife is not the egveemeiit to hold a Gmu 
Motktt, which it if notorioiii, aelf«evident^ and ttm 
tdibitted iimt tb»f inteaded t^ hold; but the egtee^ 
Iseiit to hold it Jbr tkM purpose nUBgei^ ofa$$umktg 
tfl tha muhmiy tf At Uai9^ andinjkyttment rftkk 
mmm initniim sgaiMsi ilml^rfthe King. Ui^leM, 
tbeaefiire, joo can collect this ioublB intention frdm 
4ieevyeoee before }o6> the Indictment is not main^ 

tMDCd* 

GeBUenwn, the efaBq;e being of e eMSpiraey^ 
whidi, ifcMideout in poiqt of fset^ invcAved beyond 
9& cQtitroversjr^ and within the oertaiA knowledge of 
the coti8|Hrator89 the Eire^ of every soal that was en«> 
^ged in it ; the first observation which I shall make 
to you (because in reason it ought to precede a^ 
others) is, that every act done by the Prisoners^ and 
every sentence written by them, in the remotest dew 
gree connected with the charge, or offered in evi«- 
dence to support it^ were done and written in iht 
public face of the world :-*-4-the transactions which 
constitute the whole body of the proofs were not 
•those of a day, but in regular series for two years 
together; they were not the peculiar transaction of 
the PrisonenB, but of immense bodies of the King^k 
subjects, in various parts of the kingdom) assembled 
without tfaesmaUest reserve^ and giving to the. pnb^* 



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THi TklAXi OP THdKAS HARBTf ifS 

Be, through the channel of the daily newspapers^ k 
minute and Regular journal of their whole proceeii!* 
Sngs. Not a syllable have we heard^>edd> ih-the 
week*8 imprisonment we have sultered;' ttiat¥e had 
Itiot all of us read for months and mdhtlis heforetHt 
jprosecutton was heard of; and which, tf we are not 
aoffidently satiated, u'e may read again upon the fift . 
of every ooflfee-house in the kiHgdbm.*-^It'is ^dmiR 
ted drstinclly by the Crown, that a reform in th* 
House of Ckmimons is the ostensible purpose of all 
liie proceedings laid before you ; and thai the at^ 
tainment of that object only, is the grammattcd 
eense of the great body of the written evidence.-^Il 
rests therefore witii the Crown, to show by LsoAt 
f fiooF that this ostensiblb purpose, and the whol* 
fxiass of correspondence upon the table, was only t 
doak to conceal a hidden machinatbn, to subveft 
by force the entire authorities of the kingdom, ami 
to assume them to themselves. Whether a tefontt 
of Psrliament be a wise or an unwise expedient ; 
whether, if it were accomplished, it would ultimately: 
be attended with benefits, or dangers, to the country^ 
I will not undertake to investigate, and for this plain 
teason ; because it is wholly foreign to the subject 
1>efore us. — ^But when we are trying the integrity df 
men's intentions, and are examining whether their 
complaints of defects in the representation of thb 
Ilouse of Commons, be band fiie^ or only a mere 
fetalking-horse for treason and rebellion, it becomes 
% most essentiat inquiry, whether they be the first 



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994 MB. BBAjiXiBI^'s HEECm OJt> 

who have uttered these opmpl4iai$;~^^hether.tIief 
}i9ve taken up notions for tlie first timei wHKh 
jnever occurred to others; and whether , in seeking to 
interfere practically in .an alteration of the coiistUu7 
tion, they have manifested, hy.tl^e upve^ty of ih«ir 
conduct, a spirit inconsistent witli .afi<2;i;t^on foj th$ 
government, and subversive of itsi authority. Gen^ 
tlemen, I confess for one (for I think the safest way 
of defending a. person for his life before an enlightr 
ened tribunal, is to defend him ingenuou%), I con«- 
/ess for one, that if the defects in the constitution oC 
Parliament, which are the subject ol' tjhe *writings> 
^nd the foundation of all the proceedings l^fbr<^ y^ 
h^d never occurred ta other persons at other tkne% 
or, if jicfct new, they had only existed in the history 
of fof Guer conspiracies, I should be afraid you would 
Wspect, at least, that the authors of them wer^ 
jpJotters of mischief.— In such a case, I should natui 
Tally exjpect that you would ask yourselves tbi^ 
qiiestton — Why should it occur. to the Prisoi^er at 
.the bar, and l:o a few others in the year 1 7,Q4, iror 
mediately after an important revolution in another 
country, to- find fault, on a sudden, with a constt 
tution whiqh had endui^ed for age^y without the im* 
* putation of. defect, and which no good subject had 
ever Xhought of touching with, the busy hand of 
rc/br^alion ? I candidly, admit that su9h a ^uestioji 
.would occur to the mind of every rca6pnaji>le..m^ 
^and could admit no fovourable ans\A(er.-^Bat ,s<»|cd^ 
jthts admjssion entitle? pe^ pq^ th<j^other hf^^ ^ 



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ihQ:wmx9^iii'ti^,M[t in comparing their writings, 
aj^d eKjuninin|^*d)eir conduct with. the writii^s and 
Qonciupto^ t^p rbest apd must ui^uspected persons, 
ifi.tk^ Jlpe^ta^ a)09tuns^^ times, we find them; 

treadiog jh the.p^^tM whiph have, distinguished their 
highest $i]|per.ior$ ;, .;^^ we Jud. them only e^ppaing^ 
the same;.defecU9 a)[)d pursuing the same or similar^ 
coqrses for ^heir rejaopval^r— k would ^be the height, 
of wickedness and injustice, to torture expresf ions, 
and pervert; CQud«ct, into treason and rebellion, 
which bad recently lifted up others to the love of the 
nation, to the C9nfid^nc.e of the^ sovereign, and t6 
all the honours of tbe state. The natural justness of 
thisireasoning is so. obvious, that we have only ta 
exaiT^iue the fact > and, considering under what au- 
spices the Prisoners are brought before you^ it may 
be fit that; I.shpuld,set out .with reminding you, that 
tbQ great Earl of Chatham began and established 
the fame sind.glor^ of his life upon the very cause 
which my unfortunate <?lients were engaged in, and 
tl)at he left it as an inheritance to the present Minisr 
ter of the Crown, as the foundation of his fame and 
gk)r3|[ after him ; and his fame apd glory wei;e ac^ 
pordingly raised upon it; and if the Crown's evU 
dence had been carried a? far back as it might have 
been (for. ^he institution of only one of the two 
London Societies is before us), you would have found 
that the Constitutional Society owed i(s earliest ere* 
dit with the country, if not its very birth, to the 
Jltbo^r of the present ^oistfr^ and its. professed 



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9P$ Mft. BRiKIKB^S SFStClt OIT 

principles to His Grace the Duke offtkhmood, high 
also in his Majesty^s present Councils^ whose pltn 
df reform has been clearly established by the wh(de 
body of the written evidence^ and by erery witoew 
examined for the Crorni^ to have been the type mA 
model of all the Societies in the supposed conspi* 
hey, and unifdhnly acted upon in fbrni an J in sid>- 
stance by the Prisoner before yoa; np to the very 
period of his confinement. 

Gentlemen^ the Duke of Richm6nd's plan was 
tmiversal suffrage and annual Pariiaments ; ftnd nidged 
too with a boldness^ which, when the comparison' 
comes to be made, wiH leave in the back ground the 
Strongest figures in the writmgs on the table. — I do 
not say this sarcastically ; I mean to speatk with the 
greater respect of His Grace, both with regard to 
t'he wisdom and integrity of bis conduct; for al- 
though I have always thought in politics with tiie 
Slustf ious person Whose letter was read to you $ 
elthough I think, with Mr. Fox, that anmnl Fbrfia* 
ments and universal Suffrage would be nothing Iflce 
tn improvement in the constitution ; yet I confess 
that I find it easier to say so than to answer the Dnke 
of Richmond's arguments on the subjects and I 
musrt say besides, speaking of I£s Grace from a long 
personal knowledge, which began when I was Gottn- 
ibA for hrs relation Lord Keppel, that, independently 
of his illustrious rank, which secures him i^^aimlt 
the imputation of trifling with its existence, he is a 
-person of an enlai^ed understanding, of extensite 



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THt-TniAL OF tnmii uAmr. $0 

lemHfig, and of iBUcfa lieflecfioii ; and that his faodd 
cannot therefore be considered u the effwioaif 
nudiness and Miy, bat as tfae wett-wdghad^ thotqfb 
iMdhapt erroneouit^ txmdasions dmwti from the acw 
tttd condition iof oor afl&ir^ v\z, that witiaoiitLa 
speedy andr^isieotial rdbrm hi Bsrliament (and tkoa 
my opinion gbas along with hina) the very bein^df 
the country^ aa a ^reat natibny wiMxId be lost. Thl* 
plan of the Duke of RidunoBd was the grand nndq 
spring of cirery proceeding we have to dni witb;^ 
yon have had a great number of loose oonYersatioiis 
teported from Societies, on whidi no rdianaecan ha 
liad ; sometimes Aiey have, been garbled by spiis^ 
sometimes misrepreaentcd fay ignorance; and even, 
a correct, have frequently been ^e extrsv^^ancea 
of imknown.£adividual% not even ntteied in tfaer pmi- 
jsoioe of the Piisoiier, and totally omonnected wiih 
any desfgn; for whenever their proceedii^ am 
fppealed to, and Iheir real object eaiamined, fay living 
members^ of them, brought before yon by the 
Grown, to testify them under the most sdeom obK- 
grtiona of troth, diey appeu* to have been M\cmin§^ 
m farm and in smbsimtce, the plans adopted viitkm 
met memari0i, not onfy by the Dttke qf Richmmd^ 
hit 6y hundreds efthe mwt emiment men in the kmg^ 
dom. The Duke of Ricbniotid formally published 
his plan of nform in the year 1780^ in a letter^ 
lieutenant Goboel Sharman, who was at. that time 
prsctically employed open the same olgect in ba* 
land ; and this it a most material part of the esse:; 



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beuQse yoo are desired to befiere that the Usnas 
CoirvBtrTiOR, and Dblktatb^ and the hokfing 
the ooey 'and aencSn^ the other, were all collected 
Unm- what had recently happened in France, and 
mere ineant as the fornal introducficm of her repob- 
licaa constitution : but tliey who desire you to be« 
lieve alt this, do not believe it ttteisaehres ; because 
thiy know certainly, and it has indeed already been 
proved by thdr own 'witnesses, 'that Convtotions of 
Refdrniers were held in Ireland, andDdi^tes r^« 
larly sent to themi whilst France * was under the do<» 
niinion c^ her ancient govermnent.— -They knew 
full wdl-that Colonel Sharman, to whom the Duke^ 
letter was addressed, was at that vfsry doaoment sup^ 
porting a Convention in Irebnid, :A the head of tea 
thousand nien io' arms; for the defence of dieir 
country, without aiiy catnmission from tlie Kiag', 
■anymore than poor Franklow faad^ whorslno^in 
-Newgate, for regimenting sixty .-^Thiae . vobnteess 
msserted and saved the liberties of « Ireland $ afid the 
King would, at this day^. have bad lio more fufa^ecb 
in Ireland than he now has in America, if they had 
been treated as traitors to thegoerernnlent.-— Itwais 
never imputed to Colonel Sharman and the volunr 
teers, that they were in rebellion ;— -yet they had 
arms in their hands, wbirfi the Prisoners never dreaiA* 
ed of having; whilst a grand general Convention was 
lU^tually sitting under their auspioes at the Royal 
Eicchange of' Dublin, attended by regubir Delegates 
from all the counties in Ireland.-*?- And .who were 



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these Delegates?-^! will presfently tear offlherr hames 
frdtn this paper, and Hand it \o you.^ — They werfe'tfe* 
greatest, the bfest, anJd proudest names in Ireland ;— * 
irien whbhaatheWtsdomfo reflect (beford K was tod 
late iTor refteetion) tftat greatness is' not tb besnp-i 
f^bttled fey liking ^t inferiors/ tHl, by the separation of 
the higher from the lower order* df mankind, e^trj 
distinction is swept aWay ^ri the tempest of revolu- • 
ti<*n ; bai in the happy hanhonization of the whole 
commonity; by conferring upon the people their 
rights) sure of receiving the auspicious retorn of 
affection, andbf ensoringtlie stahility of th* govern* 
ment, which is erected upon that just and natural 
basis.-^Gentlemen, they who put this tortured con- 
struction oh conventions and delegates, know also 
rthat repeated meetings of reforming Societies, both 
•in England and Scotland, had assumed about the 
saiYje time the style of Coftventions, and had-bten 
atiei^ded by regular delegates Jong before the phrase 
had, dr could have, any existence in Prance; ^nd 
that upon the very model of these former associa- 
tions, -a formal -Convention was actually sitting at 
Edinburgh, with the Lord Chief Baron of- Scotlknil 
in the chair, for promoting a reform, in Parliament, 
"at the very moment the Scotch Convention, folfow- 
ing its eiample, assumed that title. • • • ' 

' To return to this letter of the Duke Tyf Rich- 

'mond : — It was written to Colonel Sharman, in an- 

^■swer to a letter to His Grace, desiring to know his 

plan of reform, which he accordingly communicated 



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400 Um. sms^^< wtncn ov 

}fy the ktier wliich it in efidence s and which plan 
W9$ neither more nor less than that adopted hy ^ 
jPrisoners^ of surrounding Parliament (unwittiiig' ta 
reform its own corruption^), not by arified men, enr 
hy importunate multitudes, bat by the s|il| and uni<r 
versai voice of a whole people chjomw^ tqbu 
IL^^WN Aim uNAifiBMA^ta AiaHxs.-^Tbi^ ia so pie^* 
ciaely the plan of the Duke of RiGbnK>nd^ that I 
have almost borrowed his expressions. H^Qnc^ 
aaySy ^^ The lesser reform has been atteqnpted wUh 
'^ every possible advantage in ita favour ; not c^y 
'* from th^ zealous support of the advoo^ for jn 
f' more effectual oxie^ but from the assistance of men 
'^ of great weight, both in and out of power. But 
^' with ali these temperaments and helps it has foiled* 
<^ Not one proselyte has been gained from corruption^ 
*^ nor has the least ray of hope been hdd 9ut from any 
^^ quarter, that the House of Commons was inclined 
" to adopt any other mode of reform. The weight of 
^^ corruption has crushed this more gentle^ aa it 
^^ would have defeated any more efficacious plan ip 
^' the same circumstaQces^ From that quarter, 
'^ therefore^ I have nothing to hope. It is feok 

<^ 7HB PBOPtE AT X^AEGS THAT I BZPBCT A|fT 

<^ ooon :— «and I am convinced^ that the only way 
^^ to make them feel that they are really concerned 
^* in th? business^ is to contend for their j^/, dear, 
*f and indUputabh rights of universal repr^eniaiki^**^ 
pKTow how does this doctrine apply to the defence of 
the Priaoner?-^! maintain that it has tte most de<* 



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THSTUALOP fHOMAS KAWDY. 4pl 

GJ^Tsp^ifipiiGatioQ ; because this book has been put 
iii(a the hands of the Crown witnesses, who have 
cm^atidall of them, recognised it, and declared it to 
Boveibe^U bond^de^ the plan which they pursued. • 
i;JBut'!are the. Crown's witnesses worthy of credit } 
«r«4f ddaef are; not, let us return home, since there is 
do eiiideiice at^all, and the cause is over. — All the 
g0«|t, ,iftany th^re be, proceeds frpm their testimony $ 
i£ th©^ arct.not to be. believed, they have proved no-- 
tbtjigii.sitioe the Crown cannot force uppn you thaft 
fiaH.i^.tbe evidence which sujts its purpose^ and ask 
yo^.tio. reject -the other which does not.. The wit* 
VSf^/9^ are either entirely credible, or, undeserving of 
nUcrei^^ aqd I have no interest in the. alternative^ 
^is i$ precisely the state of the cause^— For, with 
rfgar4 tP all the evidence that is written^ let it never 
))€' forgotten, thiit it is not upon me to defend my 
Clienits against it, but for the Crown to extract from 
U, the materials of accusation.-— They do not con* 
tend, that the treason is upon the surface of: it, but 
in;t)^ latpii intention ; which intention must, the?e* 
fore, be supported by extrinsic proof;, but which is 
;n(verth<!le9S directly negatived and beat down by 
iCV^ry witness they have called, leaving them nothing 
)o^X CQinpfientarJes and criticisms against both fact 
^and language, to which, for the present, I shall con- 
tent niyself wijth replying in the authoritative Ian- 
gu^^ of the Court, in the earliest stage of the 
.prO(eeeding9 : 

•M£ there be ground to consider the profes^edL, 

VOL. IU.PI> 

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<^ putpOBt of ady df tliesg ftBiooiitiomi it ^'{fiiM ifti 
^^ P^rii^ment^ as mere cdour^ and as. a pretot hdii 
*^ oat ki , order to iktv^ deeper design a d hiig w 
<^ '^inst the whole constitMi^a and gf^?ermMDt of 
'< the co^antryt the case of those embarked msach 
^ d^sTgtiSi 16 that which I have already onmkukAf 
« Whethef this he w> t)f not, U IMM antler of 
^ £fct ; as Id which I shaH only remind yofi, tlNit: 
^ an ifK^uii^ into a charge of this iM(lure» whick 
^ undertakes to make out thM the ostamftle )MIN 
^ pose is a mere veil, under tvfclob ia oMM^ed f 
•* traitorous coniftpiracy, reqiiireflf cool and deKtlMW 
«^ ^^aminatioli, Und the tooM MteMiw (WaaidmM 
^ tioi^ i and thiat the t&ivjXt shdiild b« |iM(edl})f den^ 
^ ahd tetisfa^ofy. tti \h^ a^ii^ of «iWtiffioti fife» 
^* no ma») is justified ii) imputing to £motWaaM&« 
^^ 5n|; contrary to what he hffns^tf eapresM^i brt 
^ upon the fullest evidence ♦."'—iTo this (th(«^»« 
requires nothing ta stipport it, dthe^ 4n «!««*» * 
iwffhority) I desire to add the *reetidn of tw4 
Chief Justice Holt to the Jury, 0T!i life Irlrf ^ * 
Jtohn fcrkytts : 

^ •' GentJeifhfen, it is not lil thai the* ifcooM ^ 
>* any strained or forced construcftioti fit ttpoft • 
-*' man's actions wli^n he is tried for his life. ^^ 
-*• ought to have a full and satisfactfc^ry evWw*^ ** 
•** he is guilty, before you pronounce hitti to*** 
• In this assimrlation of the wri^tings ^f the 8***'* 
to the writings of the Duke of Richmond slid fltW^ 

♦ Lori Chief Justice fiyre's charge tb the GranJ /«^t^"' 
foand the Indictment, * »•*-••- 

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t? do not ^^t tint a im been troly sai<i by ihs 
Lord (%usf Jnttiee, in the course of this inery caasei. 
ttat teii' or b»taty men's oommitting crimes, fiar« 
fiMhM no^bfenoe ibr otlier men in oommitUng them. 
Ottttaflhiy it dom^isatt and I fly to no stioh ssnc^. 
imxyt bat in lading the Prisona^t kvtentbns, «nA 
ttft' iiitmtibsi& of thobe «^^ ^lom he astooisted ami^ 
adttd^^ff I pan siM3w them to be only insistkig upon 
the aame fHritidples ihathfavedistingonbed the most 
eininMt v^mfpr tviBdtna mi virtus iti the oouittry, 
iC^^v^^nvt be ivery easy to deckim or argue theoa 
inio'ldfl^' pains of d^h, irhikt our fa^oms are ^loar^ 
lag^irllli i^lm^tbnatth^ works of those very pem 
soni^llo '«^mld MndttRKi «beiii> 

Omdmmif It faasbeen too ro«ch the iMiion of 
late tobrerl6ok ihe gedume ^ouree of all hoinati atM 
tliOfiCf) Iwb moreeapeckrlly tbtaliy to foifget tbe chai 
f$lc^si of "bhe- BH^sh Houseiof Coinmoiis b» a repie^ 
bmitati<reio(i!h«'pwpki;^wh^ber dUshaiatis^itfrodt 
flial t aasembly's hairing • itsdf fbrgott^ it, would be 
tjAdManr for me ^o ioqum into or to insinuate ^«*^ 
t^\3A 1 siitil f tis^Mbe itb^ lauthorities iidiicn I meati to 
'4jdlifOt «i atopii^l-t of t^ Prisoner, wiA the ophiioii 
on Ibat eafc^aet of a bruiy oelebrated xmtnr, w^hom I 
i(4^ ti» spM|: of wftb great respect : I shouM, indeed^ 
ti4^ -asbM^ particdarly at this mqment, to name 
Mm ft^tridipuid^, trtiile te is bending beneath 
^ fHiftsanre «f a dottie^io n^Asfertnne, whidh no 
^ttian <Hit df bis owti family laments more imeerely 
•Itein I do^>r— No 4jfflferenoe of optnicm can evkt 
• Mr. Burke*! son wst then d^iog. 
2> I>2 

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404 .anu.BR6uss*8 snsCRroar 

male me forget to racknawte%e the sdiltniity of- his. 
genius, the vast feach:of his understanding, and his 
universal acqaaintanoe with the histories: and cchei* 
stitution of nations; I also dnavow the introduekion 
of the writings, with the viewxyf invcdving the aii« 
tihor in any apparent inconsisteBCtes, which wou]4 
tend, indeed, to defeat rather thin to adv«Me sif 
purpose. — I stepd here to-»day to chuni et your hands, 
a £ur and charitable inter|»'etatton of hmnan: eon*- 
duct, and I shaH-not set out with givu^ an es* 
ample of uncharitablenesa. — ^A man may have rtMon 
to change his opinions, or perhaps the defiect.maylie 
ki myself, whoJcollect that they arechai^;ed ; Ileaveit 
to God to judge of the heart^-Hiiy wi^ is, thftCCIttia* 
Imn charity may prevail ;-~tfaat. the pi^btic htaaony, 
which has been kxA, may be restofed;-*^hi^.att 
England may re-unite in the bomk. of love and af^ 
iection ;— ^nd that, when the Court is broken up by 
the acquittal of the Prisoners, ^ heart«-burmi^ and 
animosities may cease ; — that, whilst yet we^work in 
-the light, we may try how we* can save our cotHitry 
hy a common ^ort ; and tbat> instead of shamelessly 
setting one half of society ^gamst the otha-byrthe 
^orce.of armied associations, and the terrors of coc^ 
S>( justice, oar spirits and our strength Inay be con* 
rbined in . the : glorious cause <^ our cbiKJ^tryk*-^ 
ithis, I'do not mean in the cause of the present war, 
which I pi:otest against as unjust, calMciitous> and 
'destructive ; but this is not ther place fin* audi a sub- 
tject.I only adverts to it to provent mistake ormisr^ 
presentation. 

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The history ami character of the English House 
of Commons ■ was formerly thus . described by Mr; 
Burke:* ^^The Ho«^e of Commons was supposed 
^^ originally to be no part of the standing government 
*^* of this country, biit was considered as a control 
^^ issuing immediately from the people, and speedily 
'« to be resolved into the mass from whence it arose : 
'* in this respect it was in the higher part of go^ 
*^ vernment what juries are in the lower. The ca-*- 
*^ pactty of a magistrate being transitoy, and that of a 
^* citizen pernmnent, the latter capacity, it was hoped^ 
*^ would of course prepmiderate in all discussions, 
^* not only between the people and the standing au^ 
>^ thority of the Crown, but between the . people 
^^ and the fleeting authority of the House of Com^ 
*^ mEons Itself. It was hoped, that, being of. a 
^^ middle -nature, between subject and government^ 
f^ they would feel with a more tender and a inearer 
^* interest, ^vay thing that concerned the people^ 
^^ thaii:the:other remoter and more permanent parts 
** c^il^^tore. 

. *^ Whatever ahsemtioQs time and the necessary 
^^ aQoommodatton of bsisiiiessmay have introduced^ 
^^.thiseharactercanr: never: be sustained, unless ttie 
^^ HooacofOoinaicttis shall; be made to. heap wxxst 
^* stamp of Ibe actual (Ksfiosition: of the people at 
/' large t it. would (ftoioDg public misfortunes) bean 
^* evil move natural aod^toleiBble, that thfe Houseqf 
<< OomsnoQa should bb infected with every ^epidemir 
^^ cal' fienzy of tb9 people, as this .would indicate 

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40* . Mm* bmxixb's vnoi cm 

^ some ecmsatigiiittity, some sympathy tt nfUkrp 
<^ with theii^ coostitueiits, thsn that thty ihwldi in 
^* sU caseS) be wholly untoudaed by |he qptnoHiA 
*^ and feelings of the people out of doprs* By this 
*^ want of sydipathy^ they would pease tp be * H«M^ 
•^ of GommoDs. 

^* The vtrtuei spirit, and essence of ^ HittiSQ ef 
^' Cofnitionsj oonsists in tis being the caprfss linage 
/* of the feelings of the nation* It wm not insti^i^. 
^ uted to be a control uptm the people, s$ pf late 
^* it has been taught^ by a doctrinie cf the most 
*^^ pernioious tendedeyj^ b«it as a contirol fit the.. 
'' people/* 

He then goes on to say, that to give a ttcimicsl 
shape, a cobur, dresS| i^ dwation to ppfoUr 
Opinion, IS thd true oflloa of a House of Commons*. 
~*Mr. Borlce is unquestiunaUy c(vmefc }*-'4he eon- 
trol vfoK the peopte is the King's . Mbjesty, and 
the hereditary priviteges of the Peers ;^MlM» bahanee 
4if the sUte is the control voa the people upon 
both, in the existence pf the House of Goorinonst 
<^hut he\y cin that oontvol esat^ rn. jthe people,' 
unless they hav* the aotual eiedtpn of the Hosae«f 
Commons, which, it is moat ncrtoriem^ they hav«^ 
not }-^I hold ih my hand a stale of the fepmieetA<> 
tion which, if the thtf^ #efe. net elfaerwiiei noto^ 
Tfous, I would prove to have bebh faiAdy oieied ift 
proof to the House of ComiiioDs, by nn Hoodnrsbie 
-Frieln4 of mine now present, Hrfaose molmi Ihid 
tbehonour to secttid *,. Where it appeared Hwb l%0» 
» Mr. Gt0f, eoMf Earl Grsjr. 

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TH« TWAUQf THOMAS ^ifUPT. ^Q| 

people retura near a majority of the House of Cpuvj 
fppi^f^ w4 those i^ain^ under the control of abo)it 
2PP* , $at. though these facts were admitted^ all 
redress^ and even discussion^ was refused.— -What 
(Wght to be «ai4 of a House of Commons that so 
condiict^ jtsdf, it is not for me to pronounce ; I will 
9W^l, therefore^ to Mr. BuHce, who says^ ^^ that a 
^^ House of Commons^ which in all disputes between 
f^ t^ people and admin^tration presumes against 
f^the people, which punishes their disordersj but 
f' refuses even to inquire into their provocations^ 
^^ is an unnatural^ noonstrous stat^ of things in th« 
5* csonstitution," 

fiut this is nothing : M^^ Burke goes on afterr 
mf4* to give a more fall description of Parliament, 
]lo4 in stronger language (let the Solicitor General 
4ld^e it down for his reply) j, than any that has been 
l^ployed by those who are to be tried at present sis 
ppn^rators against its existence.-*-! read the past 
f^gi^ to warn you against considering hard worda 
ifgaiost (he House of Commons as decisive evidence 
i^f tr^afon agt^st the I^ing.«-^The passage is in a 
.^welL-l^nowQwoi'k, called^ Thoughts on th^ Causes 
jQf the ?ws$NT Discontents ; and such discontenta 
will always be fius^^ent whilst their .causes gontinue. 
/r^Tbe word p^esjrnt will apply just as well noutf 
iMidnyoph better than to the times when the Honoucr 
uhle Qecidemao wrote his book ; for we are now i^ 
ijj^ heart and bowels of another war, and groaning 
tlMl4fir.il;^. additipi)?^ b^WKlens.— ^ shall therefore leave 

P 1^ 4 

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408 H%, sbsktkb's stbscr ok 

U to the learned Gentleman, who is to reply, toshov 
u« what has happened since our author wrote^ which 
renders the Parliainent leas liaUe to the same obser« 
vations now. 

** It must he always the wish of an unconstitu* 
'* tional statesman, that a House of Commons; 
** who are entirely dependent upon him, shouU 
*• have every right -of the people entirely dependent 
**' upon their pleasure. For it was soon discovered 
*' that the forms of a free, and the ends of an arbi» 
^' trary government^ were things not altogether in- 
** compatible. 

" The power of the Crown, almost dead and rot* 
^ ten ^s prerogative, has ^rown up anew, with 
^* much more strength and far less odium, under the 
** name of influence.— An influence which operated 
*' without noise and violence ; which converted the 
•* very antagonist into the instrument of power; 
^* which contained in itself a perpetual principle of 
** growth and renovation ; and which the distresses 
** and the prosperity of the country equally tended td 
^* augment, was an admirable substitute for a prero- 
** gatlve, that, being only the oflTspring of antiquated 
*' prejudices, had moulded in its original stamina 
^' irresistible principles of decay and dissolution/' 

What is this but paying that the House of Com- 
inons is a settled and scandalous abuse fastened upon ^ 
the people, instead of b^ing an antagonist powers/or 
their protection ; an odious instrument of power in 
\\\p haud^ of th^ CrQwn^^ instead of a popular baUmoe 



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TRB TSXAL OF THOMAS HARDT. 40gf 

kgatmi it ? Did Mr. Burke mean that the prenK 
gativeof the Grown, properly understood and exier-* 
ctsed, was an antiquated prejudice } Certainly not$ 
because his attachment to a properly balanced mo-^ 
nkrchy is notorious : — why then is it to be*fastened 
upon the Prisoners, that they stigmatize tnonarthy^ 
when they also exclaim only against its corrvptiimsP 
In the same manner, when he speaks of the abuses of 
Parliament, would it be fair in Mr. Burke to ai^ue^ 
from the strict legal meaning of the expression^ that 
be included, in the censure on Parliament^ the Ktng*i 
person, or majesty, which is part of the Parliament? 
In examining the work of an author you must collect 
the sense of his expressions from the subject he is 
dtscusstng; and if he is writing of the House of 
Commons as it affects the structure and efficacy of 
the government, you ought to understand the word 
Parliament so as to meet the sense and obviousi^nieaa- 
ing of the writer.— *Why then is this common justice 
refused to others ?^^Why is the word Parliament td 
be taken in its strictest and least obvious sense against 
a pobp shoe^^maker^ or any plain tradesman at a Shef«- 
field dub, while it is interpreted in its popular, though 
less correct acceptatbn, in the works of the most 
distinguished schdar of the age?*~Add to this, tbtd; 
the cases are not at all similar: for Mr. Burke uses 
the word Ps^Kament throughout, when he is speaking 
of the House of Commons ; without any concomi- 
tant words which convey an explanation, but the 
«enie of his subje^^ ; wh^^as Parliament is fastened 



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f Hit HZ. 9BSJHIW'% S^W<m OK • 

gpoa the Prisoner a« meanii:^ somethipg bejTQud tb^ 
Hoii^e of CommoM, wbeo it can have no possible 
fn^pilig beyopd it; «ace from the beginning to th^ 
end it i» jcHimd with the worda repre^mtation cf iha 
pmph f «-«*the representation of the people in Parl^-* 
menit*— Doei not this most palpably mean the I)ou«q 
%l CoimnoDfti when we koow that the peopire \m^ 
no wpro^entation in either of th« oth«r hr«oohtf pf 
tdf jSOirernment ? 

r A letter has l^en read in evidence from Mr, lbw% 
Im Mir. Foi^ where he says their ol^t was untv#rael 
Vepnwwtetion. Did Mr* Fox suppoaiu when he re^ 
raived this letter^ thut it was from a nest of rq^nblic* 
tm^^fkieMvmg p^icly for an vniveif a} repmientif 
iiirt eoDStitiitiM like tliat of Fmnoe? — ^If he Mi 
Moiddhe have sent the answer hedidj and agreed t<» 
inment their petition ?->^They wrot^ also tQ the Sot 
ottty of the Friends of the Peopie« and invited tiMAl 
lo send delegates to the Coovention :«Hhe A$imm^ 
^enend, who. has n»die hononrableand candid nMr 
iton of that body» will not suppose that it wonld hav^ 
4Qontei)ted itself with refusing the invitation in terms 
1st jcoffliality add regard^ if, witli idl the l^KmkM^ 
.^ley had of their trensiK^tions, they had conAeived 
.IheBDselves bo hav« been invil^ to the formf;((ipn of 
at body » which wa^ toover<*riiIeeiidealiiignish4iH the 
;itithorities of the State : yet upon the perYeRSipa flf 
4lieee two lenns^ Parliament and Conventioo^ against 
-iheir natural intcrpnetationt against a .siaoilsr uae of 
;lfae«iihy<j9th0J!9» and; against; the sofemn ^v^laMtieii 



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t^ im^^^ ^ 9WKM uj»j>r. 41} 

.oftheoibj ^t^ Clowa'« own wltiiiesses^ thU whole 
\ fabric of terror and accusatjioq staods for its support: 
J(e^e^3 it fi«eeds^ written to other people^ are Xq- be 
IXHtar qnderstoodhy (h^ Gentlerp/en round this Ubli^ 
Mio ttev^r saw thfm till mouthy after they wei« 
wr^teoi tbflpt by those to ^bom they ^ere addressed 
midaeiUi and no right intet*pretalion, forsooth, is. t9 
.t»e Expected from writings when pursued in tlfeir rer 
^alap se^es^rbpt they t^re to, be made distinct fay 
.hiiidmiP them up in ^ large ,vokMie^ alongside cf 
.^bera totally imootinected with th^nji, and the v^ry 
.ftxjstenoe of whose authors was unknown to one 
caaotber, 

I wHI now, Gentleinen, resume the readiiig ^ 

another part of Mr. Burke, and a pretty accpmut it ib 

of this satte Bsrliafi^qt: ^^ They who will kkX; eoti^ 

, ^^ form their oonduct to the public good, and caonot 

/^ lupport it by the prerogative of the Crowia, have 

<' ad<^ed a new plan« The^ have totaUy abandoned 

J* ihe shattei^ed and old-fashioned Ibrtress of prer^k 

^^ gsttve, a^ made a lodgment in the atrong^ho^ 

'5 <rf ParKamMt itseif. If they have any evil d(kstgtt 

^' to whach there is no ordinary legal power commein^ 

/^ a«imte, they bring it into Psrliament* There the 

/< whtds is executed fnooi the beginning to ^end: 

K^^ and the power of obtaining their object absolule; 

*^ aosl the safety m the proceecKng perfbet t Bonilek 

^^ to confine, nor i^ftfer-reekcoaings to terrify* Fbt 

^^f f^liament cannot, With any great pn^ety » pamh 

^ odierB, for kfahogs .in vrtiidi tliey themsdvea imxt 



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411 HS. ERSKINK*8'8MSCH Oir' 

"been accomplices. Thas its control upon the 
•• eiecotory power is lost.** 

This is a proposition universal. It is not that the 
popular control was lost under this or that Admi- 
ntstratbn^ but, gsnbballt, that the people have no 
control in the House of ComnK>ns. Let any man 
atand up and say that he disbelieves tliis to be the 
case; I believe he would find nobody to believe him. 
Mr. Burke pursues the subject thus : ^^ l%e dig* 
^* tentpers of monarchy were the great subjects of 
^^ apprehension and redress in the last celitury-^n 
^* fA/^5 the distenipers of Parliament.* Here the word 
Burliament^ and the abuses belonging to it^ are pot 
ih express op[)08ition to th^ monarchy, and cannot 
Vberefore comprehend it: the distempers of Parlia- 
ment then are ofcgects of serious apprehensicMi and re- 
dress. What distempers ? Not of this or that year, 
but the habitual distempers of Parliament ; and then 
^lows the nature of the remedy, which shows that 
rtie Prisoners are not singular in thinking that it is 
by T8B TOTCB OF THB PBOPLB ONLY that Parliament 
can be corrected. •^ It is not in Parliament alone/* 
aays Mr. Burke, ^Uhat the remedy for Parliamentary 
^* disorders can be completed ; and hardly indeed can 
" it b^in there. Until a confidence in government 
^^ is're-established, the people ought to be excited to 
^^ atmore strict and detailed attention to the conduct 
^%df their representatives. Standards for judging 
^^iHKNpe systematically upon, their conduct ought tei 
^^ be .settled ia<t()e meetings of qountiesaqd. corpor- 



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THEyTHIAL OF THOMAS RAUXT. 4J$-. 

^\ ratjan$>:<9nd freqoent and, oorrecl lists of the ji^otpfc, 
^Sin aU important ^juestions^ 9^Jt^^ to be procured^ ; 
^*- By. such .nieaiis something maybe done/* 
. Il; was the same sense of the impossibility, of. a fe- 
fonn;in PlAr^aI9ent^ without a general eKpixis$ion of 
tjid. wishes of the people, tiiatdictated the DpJ^je-oC 
ttchmond^s letter : all. the petitions in 1 7 80 had beeo 
inflected by Parliament— this .made the Duke pf. 
SichnKnid exc1ainii» that from tt;^t;<3U|arter. no redress 
Wjas to be expected, apd that from ^he peppfe qIom 
be:ei4>ected any good; and he, therefore, ^expressly 
ipvited them to claim.and.tojis&ertan^ equal repre- 
sentation as their indubitable and unalienable birth-* 
right :-r-how tp assert their, rights, when P^liamfunt 
l^d already xefused them withqut even tbehope^ m 
the Duke expressed it, of listening to th^em any 
more? Could the people's rights, under such circum- 
stances, be asserted without rebellion ? Certainly they 
might: for rebellion is, when bands of men within 
a state oppose .themselves, by violence, to the gene^ 
sal will, as expressed or implied by the public author* 
tity ; but the sense of a whole people, peaceably col- 
kptc^^ and operating by its natural and certain efiect 
upon the puhlic councils, is not rebellion, but is pa^ 
ramoont (a, and the parent of, authority itself. 
^ Gentlemen^ I am neither vindicating, nor speak* 
ing, the language of inflammation or discontent ; — I 
shall speak nothing that can disturb the order of the 
state ; I am full of devotion to its dignity and tran- 
quillity, and would not for worlds l^t fall an expres- 



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«on in this Or in any ether place thsit tiiy^lA 1e^ ta * 
disturfaanoe t>r disorder ^*^but for ihtitftij feascn^' 
I speak with firmness ofitML itio6t^t>^fftiBMorLE/ 
andf am anxious for the recfress of their complamts i 
because I believe a syst^ of atteniton to ^hein to be 
a far better security and establishmen* of every pM' 
of the government^ than those that are employed ti» 
preserve them,— thie state • and government of* a 
country rest, "for their support, on^ the great body o# 
ttie people, and Ihope ftever to hear It: repeated, in 
any Court of Justice, that peaceaWjJ 16 conv^ie the 
people' upon the subject* of their own privileges, caa 
lead to the destroctlofh of the Knig :— they are the^ 
King's worst enenrries w'Ko ho!d;this language*— It 4» 
a 'most dangerous prfttciple, that the Crotvn is- in 
jeofiafdy, if tte people afeacqo^nted with their rights, 
and that the coHecfingtheiti together to consider of 
them, leads inevitably to the destruction of the So- 
vereigfa. — Do these gentlemen mean to say that Oie 
King sits upon his throne without thfc consent^ and 
ih defiahce of the Wishes of the great body of hta 
people, and rtiat he is kept up6n tt by a few indtvt- 
duals wh6 call thems^lve^ his friends, ik excltinon of 
the rest of his subjects?— *Has the IQng^s ihheritanee 
ng deeper or wider roots than this? 'Yes, Gentletnen, 
it has— it stands upon 'the love of the people, who 
consider their own inheritance to be supported by the 
King*s constitutional authority: this is the .true 
prop of the throne ; and the love of every people 
upon earth will for ever uphold a government, fbundr 

3 

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id/ as oors is; tipoQ reason and cbnaent, as loiif^ i^ 
OcHM^rnttieiit ehall be itself attentive lo the gepttral 
hiter^ts which are the foimdations and the ends kd 
sH hMnaii antlioritji.^-^Let us bamsh then these imi 
irMll^and imi^elitic idaf$ of atfanrestratited andean 
•tilighMRi^ peopte;*'^t-iis nkjt tcembleati tfaer^glifa 
o# tnstiy tet) by giving ta-men their rights^ seeurd 
Aeir affi^tions^ and, through their al&ctiot||, thm 
obedtefiei^t-^et' usinot broadi thedangcrqos doi^ 
tvitie tb6t^^ 44ghtB of kin^ and of meti* arc itii 
ecmj^l^hIew«^^-Oor govemtnenta* the fieMG}ati<ifi4bti^ 
^n ffftki their : har monieos ittoorporation i anA Jitr; 
lioekd defended King WitUamV title iipdii no tofiM 
jpritid^e tbim the righto of man«^ ftjirKtom the r^ 
t(»edmx)tk of Mri. Locke, kni Mt from the wvpiiit 
ISm ih Frano^ that one of the paiper« in4he<evU^ttcei 
lheh)OitstigtnMited,iTioetolAriote»)y flowed; for it 
irproired that'Mi^. Yoiite held in his hand Mr. ijodb^ 
tipon OdvemtMM, when he ddri^red ^hiptapeMh on 
«he Gustto HiltUt Sheffield, aod that he leappthUdl 
4argdy nfxm it j^^HKrell, indeed^ might the trhndns suf 
4ie expfettiftled^-laij^y, for there we many wtftUsekctad 
4^l^igeB tak«o Verbatim fr^ -the book^ «id \r&p^ 
iti jnsti^ito Mr. White ^'^.let inenotiee tfae ftbiaad 
^faononirahle manner in.whioh^ in the absence ^ith^ 
^lerk, be read this extraordinary perfennanoc. -.Ht 
lietttFered it not merely a^ilh distioctnesa^ but in a 
-fjfmnner so impressire, t^mt^ I beliere, eaei^ maadnt 
'G6fQrt was affected by it* . :> 

> OentlejDen, I 4un not driven .to i^endetetfefla' 

• Then SQlicitor to the Treasury*, 

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4l€ vjnr. sBfcmB^s wxseB.i^ir 

jHaqmoh ; some of them ^afe inifirapec u nd o ah te^gr 
inb, and inflamniatory ; but I see tiotfaiog in the wfaol^ 
likeh together^ eveii if it were caonected with: the 
Pcisooer^ that goes a^ all to an .evil piirpoaaraiiijthe 
writcark . But Mu. AiXonef General . has remarked 
upon .this proceedtDg.iBtrSheffield (Mnd whatever falU 
^fnuoLB person of. bis rank. amd' yuH .^timatipn^' d«- 
acarvfs, great attention),, be: has. remarked tlmt U.ia 
quite apparent they * bald. resuWed -■ not. to pefeitk>trv-r 
They .bad certainly reacrfml x^t at tkat 4tn9^ to p^* 
titJDOyjBndtbat seems the. otmost wfakb«an be.maiQr 
tahfedcfroin tbeevideocetr^But supposing. tb$y bad 
sti^ived itbe measufe altogether; is.tbi^ ik> wKjt 
l^. wbick!(tfae.!peiople may actively assQfsUte for tbe 
{Wpasea of a reform in Parliamen^i but) to con^der 
c£a;fieti^on to the House of Commonsi Mi^ht tb^ 
not. legally assemble Xti consider the state of their 
liberties>.and.tbeooQdact of their repf eBen.tati¥es ?-« 
jMighi . they « not legaKy. form CoQventiq^s or Meet* 
inga (f^r the! name is just nothing) to adjust a plan 
of rational union for a wise choice of representatives 
iKfaen Faijiament shouM be dissolved ?*HMay not the 
|MO{iIejfneetio consider their intetleats preparatwy to^ 
jsaddfidependently of, z petition foe any apeqific ob* 
ffeetV-My friend seems to consider the House of 
<I!omoiont^a& ambstantive and permanent part of the 
coastiluiiqn ;«*T-he seems to forget that the Pariis^ 
anentidies a /natural death ; — that the people then re* 
enter into their rights, and that the exercise of tbem 
•hxl^ most important duty titot can belong to social 



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|Qan,;-^|iQW are such duties to be exercUed i^tH 
effects oa momentous oGcasioos, but by concert and 
qomoiuaioa ?-^May not . the people assembled in 
tbeir elective districts,; resolve to trust no longer 
those by whom they have been betrayed ? May tliey 
Qpt resolve . to vote for no man who contributed by 
Hiis voiee to this, calamitous war, which has throwa 
such gnevoius ai^ unnecessary burdens upon them } 
May. they hot s^y, " We will npt vote for those who 
V deny .we are their constituents ; noc for those who 
y question our dear aqd natural right to be equally 
^^* represented ?*' — Since it is illegal to carry up peti-* 
tipns^ and unwise to transact aiiy public business at<- 
tended by jmultitudes, because it tends to tumult and 
disorder, may they not, for that very reason, depute, 
as they have done, the mqst trusty of their Societies 
to meet iK^ith one another to consider, witjiout tb# 
specific object of petitions, how they may. daimf bf 
means which are constitutional, their imprescriptible 
rights ? And here I must advert to an argument en^ 
ployal by the. Attorney General, that the views of 
the Societies towfu-d^ universal suffrage, carried in 
tiiemselves (however sought to be efiiected) an im- 
plied force upon Parliament :T**for that^ supposing 
by invading it with the vast pressure, not of the pubr 
lie arm, but of the public sentiment of tlie natk^n, the 
influence of which upon that assembly is admitted ^ 
jDug ht to be weighty, it could have prevailed upon 
the Commons to carry up a bill to the King for uni- 
rersal rei^esentatton and annual ParUam^nts^ Hi^ 

VOL. III. SB 

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41t ll«» StoklHB^S »^tB OBT 

Mi^esity wMlMuiid to it^eet it ; md eoold not, «/idk^ 
oat a breach of his coronrtion oMh, coMeiit t» {M^ 
it into an^act;^ <:»nnot conceive where tnj ftieaA 
net with thfo law, or what he can pCKsMMy tmati bf 
anerting that the King caimofe, consistently widi hi* 
coronation oath, consent to any law rtiat can be stated 
or imagined, presented to him as the act of the two 
Hoaaes of Parliament ^«-*-he eonM not, indeed, oon- 
itnt to a bUl aent up to him framed hy a Convention 
of Delegates assuming legislative Ainetions ; «tid if 
my friend could have prm*ed that the Societies, eit- 
ting a^ a :i^irliament, had sent np such a btfl to Hia 
Me^eaty, I sh^^ld have thonght the fVisoner, as h 
Iwmbap of siidh a paritament, was at least in a diil 
liKreot situation imti tlnit in which he stands ^t pre- 
atilt^ but ais this is not one of tlie chimeras whose 
MtslcfnoB is contended f)r, fretornback to ask, upon 
what authority it is maintamed^ that nniversa} repre- 
ientaftion and annual l^riiaments could tiot be con- 
aentodjo by the Kingy in conformtty to thei^ri^esof 
Ike other branches of the liCgisIature :^>^^on the con^^ 
erary, one df the greatest men thsit this country evel' 
fttw CMSidereti universal representation toie sndh 
m inherent part of the constitution, as thitt the King 
^limaelf might grant it by hts prerogativey even with- 
amt the Lords and Commons ; and I bavettever heard 
iihe position denied upon tfny other footing than the 
Union with tScottand.— But *e that as it^may, it h 
-enough for my purpose that the maahn, that ihe tSug 
Wight giant iHiivemil repfesentatfonyas -u tight be- 



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Ate mlltreiit in the wfable people to be represented; 

lrttttid0 upon the ftothority c^Mr. Locke, the man, 

next to Sir Isaac Newton, of the geeatest strength of 

Ittidentaiiding th«t England, perhaps, ever had; 

liigh too in the fevour of King WilKam, and etgof^ 

itig one of the most exalted offices in the state.-^ 

iAri Loeke say^, book sd, ch. is, sect. lfi7 and 

108-^^^ l^lngt of 4^hi8 world' ^re in so constant a 

^ flux, that nothing remains Idng in the same state. 

'^^ Thos people, riehes,^ trade, power, change their 

^ 4tfllti0)a8, jflourisbing mighty oitied oome to rain, 

-^and provey ip time, negleeted desolate oornertf^ 

•f^ whflst other unfreqoented plsMS grpMr into popo*- 

-^ \tm oonntries, fiHed wkh wealth and inhabitant!^. 

¥^Bat things not always changing equally, and ptf- 

'^ vale interest often keeping up' customs and priv?- . 

^* leges,' w4iett the reaisons of them are oeased^ It 

^^ often comes to ptiss, that in governments, whetb 

'"^part of the kgtelatiye consists of representO- 

^ Htms chosen by the people, that in tmct oF tlmfe 

»*^ thi4 representation becomes very unequal and diS* 

•^ pfoporti«)nate t6 the reasons it was at first cfittf- 

^' bKe^d upon. To what gross absurdities the foN 

'' lowng 6f custom, wheti reason has left it, mky 

*• lead, we may be srtisfied, when we see* the baVe 

^ naniedfiL town, 'of which there remains r^% to 

^' much as the f uifts, where scttit:e so mucfe housing 

***• as a sheep-cote, or more inhabitants than a shep- 

••^^herd ii3 XO be foiind', sends as many reptesenukivis 

^ to the grand a^ittiMfbly of law-makers^ ds a whdte 

s E 2 

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i20 ..Ml. ERSKMB*8 tWaCH.PW 

f^ county^ numermis in people, find pop^til in Aim* 
f^ This stranger&stand amazed at, and every one rouit 
f^ confess needs a remedy."* 

^^ Salus pofmli suprema lex, is. certainly to just 
^\ and fundamental a rule^ that he who. sincerely fol* 
>^ lows it, cannot dangerously err. . If, therefore, 4he 
'^ executive, who has the power of convokii^ the le* 
/^ gislative, observing rather the true proporti€m,.thfui 
/^ fashion of r^resfniaiion, r^gulat^^ not by old ous-^ 
f^ torn, but true reason, the number of members in 
,^^ all plaoes that have a right to be distinctly rqire- 
/^ sented, which no part of the peojde, however J»» 
/< corporated, can pretend to, but in proportion to 
/^ the assistance which it afiblrds to the public, it can** 
•'' not be judged to have set up a new I^^tive, bat 
^' to have restored the old and true one, and to have 
/' rectified the disorders which sjUQoessiim of tiiae had 
/^ insensibly 9 as well as inevitably introduced ; for it 
>' being the interest as wdl as intention of the peo^Je 
'^^ to. have a fair and equal r^resenti^iwe, whoever 
^^ brings it nearest to that» is an undoubted friend to, 
/^ and establisber of the governn^ent, and otnnot 
.*^ miss the consent and approbation .of the oommu- 
*^* nity; prerogative being nothing but a power, in 
/^ the hands of thie Prince^ to provide for the public 
r 'f good, in sudi cases, which depending upon unfoib^ 
^' seen and uncertain oocurrences, certain and u|ial« 
J^ terable laws could not sa^ly direct i whatsQ^ver 
*' ^11 be done manifestly for the good of the people, 
f ^ 9nd the establishin|; the gov^m^t upon. i|s $nie 



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THB TRIAL OP THOMAS HARDT. 42t 

*^ finiiidations, is, and always will be, ju^t prerogative. 
•* Wbatfcoever cannot but be acknowledged tb be of 
^ advantage to the society, and people in general/ 
*' upon just and lasting measures, will always, when 

V done, justify itself; and whenever the people shall 
^ clkx>6e their representatives upon jost and undenia'*- 
^ h\y equal measures y suitable to the original frame 
^ of the government; it cannot be doubted to be the 

V win and' act of the «)clety, whoever permitted or 
1^ odused them so to do**' — But as the very idea of 
universal sufFr^ seems now to be considered hot 
•hly to be dangerous* to; but absolutely destructive 
ti inoniH^y, you -certainly ought to be reminded 
that theibook idiich I haVe been reading, and. which 
my friend kindly gives me a note to remind you oi^ 
was written by its immwtal author. in defence of 
King William*s title to the Crown ; and when Dr. 
Sacheverel ventHred to breach^ those doctrines of 
power add non-resistance, which, under the sarni 
establisbniients, have how become so unaccountably 
popular; he was impeached by the pefople's representr 
ttives^for denying their rights, which had been as* 
ierted' and estaUi^ed ae the glorious aera of the 
Eet^obitton. • f ^ ' 

Gentlertien, if I were ^o go through all the mat^p 
ter which I have collected hpon this subject, or which 
cbtrndes. it upon my mind, from common readf> 

5*t^^j in ^ thousand directions, my strength would fail 
ong before my duty was fulfilled; I* had very little 
mhm I came into Cb^rt^ and I have abundantly less 

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^keitdy ; I onust^ therefore, ihatDoge what rtthainitOf 
the best advantage $ And shall pmoeed, now^ tt> take a 
view of^iioh parUoftheetidence as appear to me t6 
be the moat material for the projier understaiidii^ of 
fbe ease ; I have had no otafx>ntuiuty of cohaidenDg; 
k» but in the interval which the mdo^gedoe of the 
Court, and yovLT.avm^ has afforded me^ ahd that half 
bdan but for a v^ few houra this mofocng^ btit H 
oockirred to me, that the beat nibe I oould fnal» of 
the time given to me was (if posaiblQ) todiaembrdl 
this chaos ; to throw out of view every thiftg irro* 
kvant, which oiiily tended to^bring chaos bakk figiml 
f-^o take what remained in order of timo'^'Hto aeletal 
certain stages aiid resting-pfodb^-fte Mview.the effiatt 
0[ the transactions^ as brought before us^ iadd-thdnto 
aee how the written evidtoce la eiplainfed by ibt tc»# 
timony of the witnessed wfaohavii bech exttiAUiod. 11 
. The origin of the Oonstit ulionkl Society hot havnsg 
keen laid in evidence before jon, the dsierthmg both 
ifn point of date^ and aa applying to sbo^dM! bluetts 
of th» diflferenf bodies, H flw ongisul adduces «ndflia« 
eolution of ttoe Oorrespohding Sqmety ^n<^ ata itta 
%(Uution, Md when it fif8bl>e|a;aii telcttrdsponA with 
the other, which had formerly ranked amim^t # 
flyemberfe •so many iNustrions fctsdn).; .aodrbtlfor&*we 
look toth^ matter of this iDstitoKton, let bs MttoUect 
that the objects of it were, given without; resbnns la 
Ithe public, as oontaiinng ifae firinbipies dF the asso** 
ici&tion % and I may begin /Wi^ tktaiandii^'^ wh^thelr 
4fae annala of Ibia eoutitry^ 'or ilvdetd} Ifae niiveMl 



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hmUHf of aifuikind^ afford ao imt^ioe of a:|riot and 
<x]in9piva€y v<riuntari]y given up in iU very infancy to 
GavfimOHNit^ and the whole public, md 6( whtcb^ to 
Hivoid thi very Uoing that haa happened^ the arraign^ 
Pieot. of conduct at a ftitore period, aoid.thd imputa^ 
tion of aeorecy where no secret was intendedy i rth 
gfi^r Mtke by letter wag left with tiieJSecretary of 
S^^e* :affd a receipt tali^en at thp publieoffice^ as a 
prooC Qf the publicity of their proceeding, and th< 
•gpfft they entertained of their innocence. For the 
yiewa^d objeeta of the Society, we must look to the 
intititbtton itaeift whioh yon are^i iiideed^ desired t^ 
Ipok.at by the CtY>wiii for -their Intenfionsr are t^ 
fiom^rtd M deoep^i^iis ia tbis^ inatancex hut m 
^BinlyireYealedby the veiy Meriting ita^lj^ : 
: (Sii^nJ;]eilieru tbereJ.'waa a aort of silence in the 
OMirtrn^ do not aay an sheeted one, for I mean no 
|msij>le offence to any ohf > but there seemed to be 
9n ef&c| e3(pecte(| from beginning, not wti\ the ad- 
drieiss iMelf, bat mth the^very beld motto to it; though 
jAtyorse: 

. '* Vnhtapt bj virl^^ (5k)Vfriii|ieot a l«w» 
*' Becomes^ 'a circling junto of the. great 
•'To rob by law j Religion miljl, a jroko ^ 

•^'To tame thfe stooping soul, a trick of State "^ 
. ar 7b 4iittk Ikeir rapine, and to share the prey. ' ' 

,M Vf'Uhm it* Wb# line ar»aies« bnt a fac* . • ^ 
f' Of c(V)fu]t9|iop 4ee{X:4D<l r^tsoQ ifee^ 
" While the determin'd vpice and heart are sold? 
" What, boasted freedom, but a sounding name ? 
• • ^ JMd "what d^ion, but a market vile, 
.. yaf.«|wpe»4d<.t|Brlar'dr 
« fi 4 

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HM . m. Bwxnnifs WBkoi Mr ^ 

: lilihprtfaneylhctrdtbemiBytome, WhlttMoli 
you of that to set out with i-— Show me the panAd 
of th8t.^~GentIemen, I am iorry, for the cn^it of the 
age we lire in, to answer, that it is diffieidt to ikid 
the parallel; because the age aflSsrds no audi poet 
as he who wrote it :*-^ these are the wdr<!s of 
Thomson ^•-i^uid it is under the banners of his prp* 
verbial benevolence, that th^e men are soppoaed to 
be engaging in plans of anarchy and murder ; under 
the banners of that great Und go<xl man, whose %l«e 
s^ou may stiU see in the venerable shades of Higky, 
placed there by the virtuous, aoeomplished, and pub- 
liC'Spirited Lyltelton :-^the v^ poem ^oo, writttn 
wider the auspjbes of His Mbjeaty^s Boyal Father, 
when heir-apparent to the erowoi of Great BritmOt 
iiay,rwiU)iii the very walls t»f Osrllon House, which 
^afforded an asylum to matchless worth and^geniiis in 
the person of this gtaaat poet : it was undel- the rocif 
of A. Paj[NG0 OF Waljss that the poem, of Libu^t 
i^as written; and what ^ter letura eoold be given 
to a Prince for his prote^ion, than to blaxon, la im* 
mortal numbers, the only sure title to the Grown be 
was to wear-— THS FK£a90^ of thb PBOfus of 
Grbat ^jUTAJit } ^nd it is tp b^ aasi^nedj^ forsooth, 
in the year i7Q4i that the uiifort<»Bate Prisons be- 
fore yc^ was plotting treason and xcbeftion^ because, 
with a taste and feeling beyond his humble atatieo, 
his first proceeding was ushered into vi^w, ui\der tbe 
hallowed sanction of this admirable person, the friend 
^d the defender o( the British eposti^itkin ; whose 



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TH&'9fifJUi tit fimouks HAxmr. MS* 

« w i y to j i jiAe n/iifft jyepring >t this mdmeM (ih^ IB|I 
j^mrn de^oend amongst them to the latest posterity 1> 
to do hdncNir ,tO' his immortal memory. Pardoti' nie^ 
Gentlemen^ for this desultory :digtesNon.~-I muSt 
esfvess mysdf as the current of my niind w21 cany 
me. 

If we kok etthb whole of the instittstton itsdf; it 
fxaotly .corresponds with the plan of thelDoke of 
fiidimond, as. expressed Jn the tetters to Cdknxel 
fihantoan, and: to the High: ^Sheriff of Sussex : thia 
fbn they ptppbse to feUow,^ in a public stddress to 
the nation, and all their resolutions are ftained ^ for 
its aooompHshinent ; and I desire to know kiM^mt 
•they have departed from either, and what they hairt 
lioiie which has not been done before, without b}$me 
^censure, in the pursuance of the same ol:gect« I 
tMd not speaking of the libels they may have written^ 
::wbich the law is open to punish, but what part of 
ttheir conduct has, as applicable to the subject in 
.question, been unprecedented. — I have, at this mo» 
.iftent^ in my eye^ an Honourable Friend of mine, and 
,a distinguished member of the House of Conn^mons, 
,whb, in my own remembrance, I believe in 1^80^ 
'iat publicly at Guildhall, with many others, some of 
.them mi^istratas of the city, as a Convention of d«- 
.]i|pites,forthe same objects* ; and, what is still more 
: in pointy just before the Convention beg^n to meet 
,at£diilbuiigh, whose proceedings have been so much 
relied .on, there was a Convention regularly assem« 
bM> attended by the delegates from all thi^ conn* 
t Attnding^ wahelieTe^ to Mr. Vol. 

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tiei of Scotland, for the eipresi fn^ mowti pucpoM 
«f thering the constitution of Ptrlitment ; not hf 
lebellion, but by the same means emt>lo]^d by the 
FMioner :*«**the Lord Chief Boron of Scolland sat id 
the chiur, and was assisted by seme of the first sm 
in that country, and, amongst others, by an honouiw 
able person to whom I am nearly alliedy who is at the 
Very bead of the Bar jn Stotland, andiyiost av^cradly 
attached to the law and ^the comtitutiDal^. The^ 
gentlemen, whose good intentions never fistt sal6 
fnspicfon, had presented a petition for the altenttkiv 
of election laws, which the House of Comoiom had 
rejected, and on the spur of that very rejection they' 
met }Q a Oonventtonat Edinburgh 4n 1793 $ and the 
^ylk 6( their first meeting was, ^ A Gonvention eC 
i^' Delegates, chosen from the Counties of Scolland^ 
.^ Jbr ' altering and amending the Imb$ cencemit^ 
^^ El^ciionii''-^t\ot ibr considering how they roigbt 
be be$t amendect— not ibr petitionirig-Bairiiacrvnt to 
amend them r but for altering find amen<ibng iif^ 
'election liws.^-^These meetings wdi« rc^darly fub* 
liahed, and I wilt prove, that their' first resolution, 
Mthstfer^atA it to you, was brought up to Londoii, 
"iand ddiv^red to the editor of the Morning Chrsinide 
by Sir Thomas Dundas, lately created a peer 4f 
'Great Britain, and paid for by him as'^ piit4ic adiw^t 
tisenient. Now, suppose any malh bad in^led 
treason or sedition to these bommrable peraoos, what 

♦ The Hon. Henry Erskine, Mr. Erskinc*s brother, then Deaft 
efrtie Faculty of Adrocates, at EtSinbnrgh, * 

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V0u|tf'Mi^; l^$eq the conseqvieno^? They w6iil4 
have been considered as infamous libellers and tnit 
dtfeell^ (ndr4i^ervedly hooted oat; of civiiiized life :-^ 
>4)]f then ikft diflTerent coostruQtioos to be put upon 
^m\\9^ t^muiaQlioDs? — Why i« every thkig to J)e M4 
^^€Ah^mAJ^Ae^mhlm the«»ii)^ is aet^ rod mal&Jid/$ 
irbett it is follpitedJ— Why have I not as good % 
€}fui9 to t^Ke credit for honest purpose in the poor man 
{ a0\ <l^epu]^g^ agaijoat whom not a contunmiioiis en^ 
preasioa^aa lie^n prQved^ as when we find the aam^ 
«(prief66ioqa.]Q^.the;<Bi>uths of tl>e Duke of Riobmpnd 
ppMr»Bui4^ej-rl4tfk nothing B]'<]fre fropa thia o^ 
aertation^; tjb[an that, a w^t jufjg^f^eQt twy :be pi^ 
noui^o^ fiff^B^rthe qpalilgr of. jifbe; (aok^ which c^ b» 
^k!y eattftfi^lrf i leach i©4ivi4ua| standing, rmpoilr 
#il»Iet oaly rfop.bi^ pfvtj jcoudwt, instead pf^haAringQur 
MAaginatiofi9fl|Bi9li^(With<^tpbi^^^^ and a far^ag^ 
f^ writipga ni^ ^specchesj/iflr which the FriatHjer ia 
lMrjra$pofisiJb)^,;an4 foir which the aiQ^hprs^ if thef 
lit oritnin^l^'arOjiahli^ to bia t»ropght to justice. 
.- Biul^. it wjli |iQ #a^, -GetiUeiiiw, thalb all tba con* 
3i;l^i:|tiaaalf>rfifiie|^ of the pwpl^ arecpqwded; ttet 
J^ir^ateiK^ ww n^er 4$ni«6d or iitv^de^; aad 
ilbpAibeirrigllht^o petition ai»4.; to meet for the^« 
fiqessiM p|f thfir cl9lnplaiiit^r ^mdcid or unfounded, 
^WM cic!v«ir ^tt^qd in /<)u«sli0|ij; tbe$e» it wUI b0 iiai4» 
iHretherig^s ofMbject^^i .but ihat; the rights of n^an 
jtre what tilarnia.thi^iti : ev€^ ofie is considered as 
.a trattoi! wfco .taULaahaitf the rigbta of man s bi»t tjita 



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4M MR. SR6XtK8*i nntCB ftH - ^ 

bugbear stands upon . the same pervei'Vidii with Iti^ 
fellows. ' : ; 

- The rights of man are the foundation' of alt p^ 
vernnient, and to secbre them is the onty i^sbti of 
men's submitting to be governed ;*-^it shaB noth6 
fastened lipon the urtforturiate Prisdnefriat the bar, noif 
upon any cthef man, that because these i^atural rtghta 
<vere asserted in Fran^Je*, by the destruetibn of a go'-^ 
vemment which oppressed and sub^rted them, s 
"prbceds happily effected here by d6w and imperceifK 
tible improvements, that* therefdre tlieycan only be 
W asserted in England, where thfe governmei^t; 
-ttiro^gh a gradation df improvehieht, is^ well calcu* 
lated t^ prdtect theni.' We are, 'foi^toately, not 
driven^ ih thi» country to the terrible alternatives 
"which were the unhappy lot of Franee, bepause wc 
4iav^ had a happier d^thiy in the 'fornix of a fret 
^eonstittitton : this, ihdebd, is the ekpresS language 
'of many of the papers before you, that have been 
complained of; particularly in one alldded to by the 
^Attorney General, as having been wtitten by a gen- 
tleman With whom I am particularly acquainted ; and 
ithougb (n that spirited composition there are, per* 
•hapfe, some expressions proceeding from warmth 
t^hidh he may not desire me erttically to justify, yet 
.1 mil venture to afiirmy from my own pet^onal know* 
iedge, that there is not a nmn in Court more bonestif 
• public-spirited and zealously devoted to the const!* 
' totion of King, Lords, and Commons, than the ho* 
nourable gentleman I allude to (Felix Vaughan^ Esq, 



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InitUter at }aw *). It is the phrase^ ihereforey andiiot 
the sentiment expressed by it, that can alone give 
justifiable of&nGe;^t ts^ it seems^ a neiir phrase 
commencing in revolutions^ and never used before in 
dUcufising the rights of British subjects^ and there- 
fore can oiily be applied in the^ sense of those ivha 
fetiried it ;— but this is so far from being the truth, 
tbit the very phrase sticks in my memory, from the 
repeated application of it to the rights of subjects, 
iind^r this and every other establishment, by a gentle* 
man whom you will not suspect of using it in any 
.other sense. The rights of man were considered by 
JMr. Burke, at the time that the great uproar was 
^ade upon a supposed invasion of the East India 
^Company's charter, to be the foundation of, and 
IMramount to all, the laws and ordinances of a state: 
rr*the ministry, you may remember, were turned out 
^rMr. Fox's India Bill, which their opponents term- 
^ an attack upon the chartered rights of man, or^ 
in other words, upon the abuses supported by a mo- 
Jiopoly in trade. Hear the sentiments of Mr. Burke, 
when the NATURAL and CHARTERED rights ot 
;inen are brought into contest. Mr. Burke, in his 
speech in the House of Commons, expressed himself 
4iius: *' The first objection is, that the bill is an atr 
^^ tack on the chartered rights of men. As to this 
•^ objection, I must observe that the phrase of ^ the . 
*^ chartered rights of men,' is full of affectation ; and 
V very unusual in the discussion of privileges cpn^ 

• . « Aiststant Coaniel to the Prisoners : t jroODg mao of gresi 
jilKUties sod pr<wuse ia bis profession. He died sooo afterwar<k. ^ 

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430 . HB^ isumxA 

^ ferittl fagr chaiten o£the prasdit^fc^^ BoC 

^ it is not difficult to disdover wfaat -cod that sud* 
^ biguoos mode of eipres$ion; se ofiea mterstiBd^ n 
^^ meant to answer; 

'^ The ri^to of men, that is to saj, the nmmtal 
>^ rights of mankind^ are indeed sacrdd things; and 
^^ if any public measure is (noved miaehievoualy to 
f ^ affect them, the objection ought to \m fiital t6 that 
^^ measure^ even if no charter at all eopld be sc^ up 
*^ against it.--^And if these natural rights are further 
^^ affirmed and declared by ezpresa covenants^ elcartjr 
^^ defined and secured against chicane^ power^ and 
*^ authority^ by written instruments and positive eii» 
^^ gsgements, they are in a still. better conditions 
•^ they then partake not only of the sanctity of the 
^^ object so secured, but of that solemn public fsdt 
^' itself, which secures an object of such importance* 
<^ Indeed, this formal recognition, by the sovtre%« 
:^ power, of an original right in the subject, osa 
^^ never be subvertedf bat by rootsagnp the holding 
^ radical principles of government, and even of so* 
" dety itself/' 

The Duke of Richmond also^ in his puUie letter 
to the High Sheriff of Sussex, rests the rights of the 
people of England upon the san^e /unrible and damn^ 
abk principle of ih^ rights of nyaiu^^^Tjet Gentlemen, 
therefore, take care they do not pull down the Tery 
authority which ^ they come iiere to» support ;.«-Iet 
ihem rem^niiber, that His Majesty's fiunily war oadled 
to the Throne upon the very prirK»ple, that the an- 
ient Kings of this country had yidated these -saered 

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THB TBIAX* OP THOMAd HAftDV. JISI 

frusts ^--r^let them recollect too in what the violatioil 
was chaigedto exist ;— it was charged by the Bitt of 
3Siight6 to exkt in cruel and infamous triab ; itt the 
peckixig of juries; and in disarming the people^ 
'whose arms are their unalienable refuge against op^ 
j>re8sion.^^But did the people of England assemble 
to make this declaration ?«*--No! — because it was uti* 
neoMsary**— The sense of the people, against a cor- 
rupt aiul ^scandalous government, dissolved it, by 
almost the ordinary forms by which the old govern*- 
ment itself was administered. — King Wiliam sent 
ills writs to those who had sat in the former Farlia^ 
tnent: but wlH any man, therefore, tell me, that 
that PaT^iament reorganized the government without 
4fee will of the people ? «nd that it was not their 
teonsent which entailed on King WiiKam a particuW 
inheriCMce, to be enjoyed under the dominion of the 
i$m i Gentlemen, it was the denial of these prin- 
4:if4es, aiseited at the Revolution in England, thst 
iMtMightforward the author of the R%hts of Man; 
•and ^rred «p this controversy which has givten such 
daarm to Government :-^but for this the literary la- 
bours of Mr. Paine had dosed.— He asserts it him- 
•sdf in his book, and every body kndws it.— It wa!i 
<not the French revolution, but il#r. Bathe's Reflect 
tians upon it, follov^ed up by another work on the 
«me ^object, as it regarded things in England^ 
tvhich brought forward Mr. Paine, And which ren- 
tiered his works so much the object of attention in 
-tiWs CouiiU-y,-«-JWr. Bcirke denied positively the very 

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$9t MR. BfiaxisrB*s spsuch ok 

feundatton upon which the Revolution of 1688 must 
ttand for its support^ viz. the right of ti^e people to 
pbange their government ; aQd>he as^rted, inr the 
Ui^th of His Majesty's ftiile to the Crown^ that n^ 
such right in the people existed ^-^^this is. the true 
^i&tpry of the Second Part erf the Rights of Man.— 
The First Part hdd little mbrt aspect to this ebuutry 
than to Japan ;-^-^it asserted the right of the people 
of • France to act as they had acted^, but there was 
iittte which pointed to it as an example for England. 
•—There had been a despotic authority in France 
:ivhich the people had thrown down> and Mr. Burke 
se$m^ to question their right to do so:— ^Mr. Paine 
.maintained the contrary in his answer ; and having 
imbibed the principled of republican government^ 
during the American revolution, he mixed with the 
controversy niany coarse and harsh remarks upon 
jnonarchy as e$tabli$hed, even in England, or in any 
I^QSsible form.-rBut this was collateral to the great 
object of his work, which was to maintain the riglrt 
of the people to choose their government ;->^this was 
the right iwhiqh was questioned, and the assertion of 
it wast most interesting to many who were most 
strenuously attached to the English government ; 
since men may assert the right of every people to 
iChoose their government without seeking to destroy- 
their own. This accounts for many expressions im- 
puted to the unfortunate Prisoners, which I have 
ioften uttered myself, and shall continue to utter 
^very day of my life, and c^U upon the spies of Gor 



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TiV TRIAt^OP TMOlf AST HAKDT. 431 

tehmltot to i«cord tbem:-^! will say any where^ 

WITHOUT PBABy NAY, I WILL SAY HERE, WHERE I 
4TAND, THAT AK ATTEMPT TO INTERPERB, BY DE- 
SPOTIC COMBINATION AND VIOLENCE, WITH ANY 
fiOVXBNMKNT WHICH A PEOPLE CHOOSE TO 61 VB 
ka THBMSBLVfiS^ WRETHER I't BE GOOD OR EVIL, IS 
AX OEPRBSSION AND SUBVERSION OP THE NATURAL 
AXD VNALIEXABLB RIGHTS OP MAN ; AND THOUGH 
9HB 60V£RNMBNT OP THIS COUNTRY SHOULD COUN<- 
XENANCB SUtH A SYSTEM, IT WOULD NOT ONLY BE 
STILL LEGAL POR ME TO EXPRESS MY DETESTATION 
OP IT^ AS I HERE DELIBERATELY EXPRESS IT, BUT 
». WOULD BECOME MY INTEREST AND MY DUTY. 
£bB, IP COMBINATIONS OP DESPOTISM CAN ACCOM- 
iPJJSB SUbH A PURPOSE^ WHO SHALL TELL ME, WHAT 
aVHJER NATION SHALL NOT BE THE PREY OP THEIB 

^kMtliTsdN.?-^Upoa the: very principle of denying to 
a people the right of* governing themselves, how are 
jsre.to.tieiist the French, should they attempt by vio- 
habnf^ to feslen their' government upon us ? Or> what 
io4ooeineQt would there be for resistance to preserve 
1bw8» which. are not, it seems, our own^ but whicK are 
jj»aksrably:inij)osed ojjon us? — ^Tle very argument 
Ml&e4, as ^ith a palsy, the arm and vigour of the 
^fitioD.^'^I hokl daar the privileges I am contending 
fqr, not as privileges hostile to the constitution, but 
«s aeoesaary f6r its preservation ; and if the French 
iwereAo-iiitmde^ibrce upon the government of our 
xmn (te^ choice, I should leave these papers, and re^ 
turn :t<iaprofe88iaii that^ perhaps, I better understand* 



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The nei^t evidence relied tm^ afber the Untitut i wi 
t( the CorrespondiBg Society, is « letter writtett W 
them from Norwich, dated the l lib t>f Nowmiier 
] 7d^> ^i^ the answer, dated the a0th of the same 
month {*^t 16 asserted, that diis . conesfHrndenet 
shows, they aimed at nothing less than the tolsl 
destruction of the monarchy, and Ahat tkey., these** 
/ore, verl tb^r intentioa under covert and auakigmm 
language.'^I think, on the other faand^ and i sfanM 
continue to think so, as long as I mtUt ^cj^pohle of 
thought, that k was impossible for words to t:ouv^ 
more clearly tlie explicit a.vowsa} of their or^nai'pha 
fyr a constitutional re^m in the House of CommoiK 
This letter from Norwich, after eongnitadating tfafe 
Corresponding Society on its insttentinn^ ndEt^^OMiat 
i|U^tioD3 arising oat of the procoetinge of fiftberifln^ 
cieties in diiFerent parts of the kiogidoni, Twhiefa tiMy 
frrofess not thonmghiy to miderstend. 

The Sheffidkl pedple <4;hey ohseiw) nMVMlinl 
lietermihed to support the Duke sof !RkeiNnoifd*a<|te 
«miy, but that they hadafterwaida dbmrfcd ftudii^^ 
sitidh ia thdm to a more moderate tphm-iof'refiMii 
ipropimfd by the Brien(fe of the {People iin limrtlMM 
^K/tkiht the Mabohester 'pa^ple, ky tMtemm^ 4Mri 
fhube (whom the Norwidh peopleiiadxiot addvcsia^ 
teittmed to be iatarit <^ repnbhonn finqc^l4a onlf t 
tfbey tfaerdfofe pata questron^^ nnt adt sdiiof dtttewC^nr 
^aspicidn, bat imfdj/td^j i(ewv theve^wm good^tlli 
4»tiraen men^ whether the Ccmiespondio^^Sbdi^ 
mmbtto be ^tai^ with 't^plan ief'tfap^^feestf 

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ItichmoDd ? cr, wtiether it was theii" privEte design^ 
to rip up oioflarchy by the roots, and place dema». 
Ctmsf in its 6(beadi Now bear the imswer, from 
iKbeoceit is infenrad t^iihis last is their intention t 
thi^y begin their iuiswea* with recapitulating the de» 
Vfttnd gf their porrespotidenic, as regularly as^ trades* 
man, Avh<f^ ba$ bad an order for goods, recapitulates 
the Offder, that ther^e may bie no ambiguity in the 
Reference or application of the reply, And then tbey 
say, as to the objects they havje in view tbey refef 
them tb their ;addpes6es. •^ You will thereby see 
'^ th«t:they mean to dsssetninat^ politiqal knowledge^ 
*' tiod thtsreby engage the judkious part of the natioa 
^ to deofiand. tbe .sficovsKY of >tiheir lost rights ia 
^^ AitNtfAX^I^arliasiental tlie members of these Par* 
^^ liameixts om^g t\mar election tp anbought stvT^ 
^f fragfis/^rr^They then jdesire them to be careful to 
asoid iall dispute, ^and SR?f to tbeoi, Put moDarchy; 
ifemooEacy, imd jei^en religion, quite aside; and ** Ljst 
-^ j^ourendtavours go tpf mcrease the itiumbers of 
^ iSnDse who desire a full and equahrepresentaticMXJf 
'^^ the people, and IcaVe to a Parliament, so chosen, 
•^^♦to refiorm.aU CKisting abiisesrand if they don't an^ 
^-^isvwir^^^tbe.year'^.end you may choose others th 
^^ theirlstead^'* The Attorney General says, this is 
:]atne}y ttxpsieesed ; — I^ on- the other hand, say, tb^t 
it is not .only not latwjely expreesed, but anxiously 
-wopdedito f)otpn end : to. dangerous 8peculations.-+- 
Leave lett^ thaories lindtscussed ; — do not perpl^ 
.^uraeli^v witb disttaQe Questions 4>f govenutt^nt ;-^ 

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4i6 MK* BBSXltr£*S 8FEECR ON 

endeavour practically to get honest representatives,— • 
and if they deceive you — then, what ?— bring on n 
revolution? — No! — Choose others in their stead* 
They refer also to their address, which lay before their 
correspondent, which address expresses itself thus: 
'> Laying aside all daim to originality, we ckim no 
^' other merit than that of reconsidering and verify- 
^^ ing what has already been urged in our common 
<^ cause by the Duke of Richmond and Mr. Pitt, and 
*' their then honest party/* 

When the language of the letter, which is branded 
as ambiguous, thus stares them in the face as an un- 
deniable answer to the charge, they then have re- 
course to the old refuge of mala^des ; alt this they 
say is but a cover for hidden treason ; — ^but I ask 
you, Gentlemen, in the name of God, and a& fair 
and honest men, what reason upon earth there is 
to suppose, that the writers of this letter did not 
mean what they expressed ? Are you to presume in 
a Court of Justice, and upon a trial for life, that 
men write with duplicity in their most confiden- 
tial correspondence, even to those with* whom they 
are confederated ? — Let it be recollected also, that if 
this corre^ondence was calculated for deception, the 
deception must have hben understood and i^reed 
upon by all parties concerned; for otherwise you 
have a conspiracy amongst persons who are at cross 
purposes with one another: consequafitly the con- 
spiracy, if this be a branch of it, is a conspiracy of 
.thousands and ten thousands,, from one end of tbe 



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THB^ TJIIAL Cr THOMAS 'HiCtDY. 437 

kingdom' to the other, who are all guilty, if any of 
tlie Prisoners are guilty :— upwards of forty thousand 
persons^ upon the lowest caleulation, must alike be 
liable to the pains and penalties of the law, and hold 
their lives as tenants at will of the Ministers of the 
Crown.'— In whatever aspect, therefore, this prose- 
cution is regarded, new difficulties and new uncer** 
tainties and terrors surround it. 

The next thing ia order which we have to look at; 
is the Convention at Edinburgh. — ^It appears that a 
letter had been written by Mr. Skirving, who waB 
connected with reformers in Scotland proceeding 
avowedly upon the Duke of Richmond's plan, pro<- 
posing that there should be a Convention from th^ 
societies assembled at Edinburgh :— now you will rei- 
collect, in the opening, that the Attorney General 
considered all the great original sin of this conspiracy 
find treason to have originated with the societies ia 
London — that the country societies were only tools in 
jdieir hands, and that the Edinburgh Convention wa$ 
ihe commencement of their projects; and yet k 
plainly appears that this Convention ori^Dated from 
neither of the London societies, but had its beginning 
fit Edinburgh, where, just before, a Convention had 
been sitting for the reform in Parliament, attended 
i>y the principalpersons in Scotland; and surely, 
.without adverting to the nationality so peculiar tp 
the people of that country, it is not at all suspicious, 
that, since they were to hold a meeting for similar 
iQbjects^ they should inake use of the same style (ox 

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41* IM. UMMltt nUeU 09 

tli6lf i^Sbctetiofl ; «rtd that thm deputies sbovM 6^' 
e^\ed delegates, ^hen dek^^dtes. had tttended Ihrt 
mber Cdnvetitim ffcm %M the doaotiM, and whom 
they were everf dajr icloldng A in their streets, in th« 
ertureie of fhc tery ttme ye»r th^ Skiffing wrote htl 
letter oYi the subjedt. The viewr of the Corresponds 
ing Society, a$ they regarded this Conrentioiiy and 
consequently the view^ df the Pri«ner, miwt be coU 
Iteted fr^m the written mslrociionff to the delegates, 
Jliftle^ they cad h^ felsified by matter which is cdllt. 
«rnal.^^If I cunstitutr an sg^t, i nm bound by what 
Ave does, but always with thii limitation, fcir what be 
<lDes within the acnpe of hit agency >— rf I constitott 
m agent to buy hois^a for me, and he eotnniita high 
treasoni it will iK>t, I hope, be argued that I am to 
he hanged.^^If f cfan^titute an agent for any bosiness 
that can be stated ^ and he gde$ beyond hia tnstme^ 
lions, he mast answer for himself beyond their Kmits \ 
for be) ortd then) he is^ not my representative.— Thft 
aots done, ther^fore^ at the Scotch Convention, 
whatever may be their quality, are evidence toshoai^ 
that, it) point of feet, a certain number of peopb got 
together, and did' any thing you choose to call iHegah 
but, as far as it eonoerns me, if I am not present, 
^u are liif^ited by my ttii^tructiDna, and have not aifi- 
vanced a single step upon yotir jonmey to convid 
th0: the instmetions to Skitving have been read, tod 
apeak for themselires; they are stnetly legtt^ and 
pursue the avowed object of the Sooitty ; and it wiH 
\^ ^r the Holieitor Gmeral topoint OuW in biareply^. 



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•iy^eMfiter or secret instruction, or my ooHaterll 
coiuivbet^ contradictory of the good f^ixh with which 
tisey were written. The instrqctions are in these 
words — '^'The delegates are instruct<^l, on the part 
^' of Ums Sooiecy» to assist in bringing forward and 
^ f u^orting any constitutional measure for procoring 
♦^ a real representation of the Commons of Great 
!• Britain/' What do you say. Gentlemen, to thia 
laaguage? — how are qaen to express themselves who 
^ire a constitutional reform ? The object and the 
liod^ of efiecttng it were equally legal — this is most 
obtioUs from the conduct of the Parliament of Ire* 
knd, acting under directions from England; they 
passed the Convention Bill, and made it only a mis^ 
demeanor, knowing thit, by the law as it stood, it 
I9*s no misdemeanor at all.-^- Whether this statement 
may mieet with the approbation of others, I care not ; 
I know tbithct to be so, and I maintain that you 
rainot prove upon theConvention which met at Edin* 
borgh^ and which is charged to-day with high trea<» 
9i&n, ^M {thousandth part of what, at last, worked 
top Gov^nxneot in Irda^ to the pitch of voting it a 
Miademeanor. 

. G^^tlMnen, I am rmt vindicating any thing that 
tan promote disoi^er in the country, but I am main* 
tiining that the worst possible disorder that can Mi 
n^^ ft Goisntry is, when sul^ects are deprived of the 
lanottbn of clear and unafiorbiguoos laws.-^If wrong 
19 committed, kt panishnaentfoUowiaccordingtotho 
tocisi^e of t^t wrc>ng; — if men are turbulent, let 

P F 4 

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440 Hit; SR«KINB^S SflSBOH 0!f 

tbeih be visited by the laws dccording to the meUiM 
of their turbulency :-r-~if they write libels upon Go- 
irernment, let tkem be punished according to the 
qiiaiity of those libels : but you must net, and will 
not, because the stability of the monarehy is an %ttt^ 
portant concern to the nation, confound the natnrd 
and distinctions of crimes, and pronounce that the lift 
of the Sovereign has been invaded, because the pri^ 
%Mleges of the people have been, perhaps^ irregularly 
and hotly asserted :• — ^you will not, to give security 
to Government, repeal the most sacred laws insti- 
tuted for our protection, and which are, indeed, the 
only consideration for our submitting at all to Qo^ 
vernment. — Jf the plain letter of the statute*of Ed* 
ward the Third applies to the conduct of the Ptk 
aoners, let it in God's name be applied ;~-but let 
neither their conduct, nor the l^w that is to judge >^ 
be tortured by construction ; nor suffer the transact 
tion, from whence you are to form a dtspassionatt 
conclusion of intention, to be magnified by scandaU 
ous epithets, nor overwhelmed in an undistinguisb: 
able mass of matter, in which you may be lost and 
bewildered, having missed the only parts which could 
have furnished a clue to ajust or rational judgment. 

Gentlemen, this religious regard for the liberty of 
the subject, against constructive treason, is well il« 
lustrated by Dr. Johnson, the great author of ouv 
English Dictionary, ^ man remarkable for his love of 
order^ and for high principles of govemoient, but 
^bq had the wisdotn to knov^ th^ tbe g^t mid o( 



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TRif TMAL OF THOMAS HABDT, 44f 

fOvatmeftt, in all its forms, is thesecarity of llber^ 
isad life under the law.— pl^his man, of masculine 
imnd, though*di€(gM8te(l at the disorder which Loid 
George Gordon created, felt a triumph in bis acqiut<# 
tal, and enelainied, as we learn from Mr. Boswell^ 
^ I bate Lord G. Gordon, but I am glad he was ndl 
♦* convi6ted of this constructive treason ; for, though 
^* I hate him, I love my country and myself/'-wThia 
extraordinary HKin, no doubt, remembered with Lord 
Hale, that, when the law is broken down, injustice 
knows no bounds, but runs as far as the wit and 
invention of accusers, qr the detestation of persons 
iiCGCsed, will carry it. — ^You will pardon this almost 
perpetual recurrence to these considerations ; but the 
jSresent is a season when I have a right to call upoo 
y&a by evepy thing sacred in humanity and justice i 
^!*^by every principle which ought to influence tfa^ 
heart of man^ to consider the situation in which I 
stand before yqu. — I stand here for a poor, un« 
known, unprotected individual, charged with a de- 
sign tQ subvert the government of the country, and 
tiae dearest rights of its inhabitants; — a charge which 
has collected against him a force sufficient to crusli 
|o pieces any private man ;-^the whole weight of the 
€fOwn piiesses upon him ; Parliament has bera AU 
ting upon ex<^parte evidence for months together; and 
rank and property is associated^ from one end of the 
kingdom to the other, to avert the supposed conse* 
^uencea of the treason. — ^I am making no complaint' 
^ ^jf^fanl m^ it is ap ^wful somaums to. impact 



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441^ M«. £BSKIKB*8 BfWCm 0«. 

tbi attention ;-«^ttmIy it «co«eB me (or aoi oAoi 
oiling upon your integrity and firoKie^a to do ecpnl 
justice between the Crown so tapportedai a<id an un-* 
bappy Prisoner^ so unprotected. 

Gentlemen, I declare that. I am utterly aatdniakod^ 
fo locking at the clpdc> to find bow k)Qg I have 
Ueen speaking ; and that, ^itated and distreaied aa 
I am, I have yet str^gth enough kfl Ibr the 
ranainder of my duty ;-^^t every peril of my bcakb 
It shall be eiierted ; for although^ if tbta cacua ^boM 
Iptscarry^ I know I shall have justice donH me for tbi 
hone&ty of my intentions ; yet what is that to the 
public and posterity ? — ^What is it to them, vkdieA^ i£ 
^Ipon this evidence there oan atand a convictioii for 
bigh. treason^ it is plain that no. man can be mA te 
bave a life which is hia own i — For bow can he pea* 
aibiy know by what engines it may be m»nA^ or 
frotn what unknown sources it may be atttcked ami 
overpowered ?-^uch a monstrous precedent wofU 
be^s miaous ta the King as to hia 8ul|eots»<f«»We 
lire in a crisis of our affairs ; which pitttti^ jmliei 
out of the question, calls in sound pohi^r lor tbe 
l^reatest prudence and maderatioii.'<«NM a 4me wbes 
other, nations are disposed to subvert their leslebli^lM 
mwtB^ ht it be our wisdom to make tbe aul^ect M 
the pradtical benefits of our awn :■ let isa seek to b»ing 
good out of evil :-«-the distracted iiibabitaplftief tbi 
world will fly to us for sancteary^ driven oet.of itibtif 
countries from the dsreedfiil cooeeqsenees of mot eti 
tondixKg to seasonablt reforais in gciveaiiMA^^irite 



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Tq» 9ftf Ab .^F THOMAS HJADT. 4*9 

(km to the foily of suflbiing corrupticms to continiic^ 
lili ihe whole fabric of society js dissolved and tumblet 
4il|o ruin. Laodiug upon oar ahfires^ they will &dl 
the bies&tng of security^ and ^hey wiU discover ta 
what tt consists : thejf will rekd thift trial, and their 
bearU will palpilale at your decieidn :-^they will say 
4o one another^ aivd their Voicea wilt reach to tht 
jeads of the earth; May the constitution of England 
^idure for ever i*^the aacred atKl yet remaining , 
mlnctuary for the oppressed : — here, and hefe only^ 
.dse tot of man ta cast in security : — what though au« 
thority, establi^lwd for the ends of justice, mpy lift 
kaelf up against it ;-~what though the Hous6 of , 
Commons itself abould make an ex-parte declaratioa 
ef guilt ;«^what though every species of art should 
be employed to entangle the opinions of th^ people, 
wbtch in other countries would be inevitable destruc^ 
ttotk ;-^yel in England, in enlightened England, all 
this will not pluck a hair from the head of innocence^ 
'^^^the Jury will still look steadfastly to the law, as the 
great polar star, to direct them in their courset^^^-^a 
firudelit men they will $et no example of disorder, ' 
nor pronounce a verdict of censure on authority, or 
of approbation or disapprobation beyond their judicial 
province :-^but, <m:i the other hand, tliey will make 
no political sacrifice, but deliver a plain, honest man, 
from the toils of injustice.****When your verdict is 
laronounced, this will be the judgment of the w!orld| 
•M*And tf any amongst ourselves are alienated in tbeir 
tflfecttbi;^ to QoveroDDent, nothing will be so Iikel|r 

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^*4 * am: ERsit'itri^s Mttvratp- 

10 reclaim them : — ^they will say — ^Whatever we hav«j 
lost of our control in Parliament, we have yet a 
aheet-ahchor remaining to hold the vessel of the 
fetate amidst contending storms : — we have still> 
thank God, a sound administration of justice secnred 
to us, in the independence, of the Judges, in the 
rights of enlightened Juries, and iir the integrity of 
the Bar ; — ready at all times, and upon every pos- 
Jible occasion, whatever may be the consequences to 
themselves, to stand forward in defence of the 
meanest man in England, when brought for judg- 
tnent before the laws of the country. 

To return to this Scotch Convention. —Their pa- 
pers were all seized by Government. — ^What their 
proceedings were they best know: we can only sec 
^hat parts they choose to show us ; but, from what 
we have seen, does any man seriously believe, that 
this meeting at Edinburgh meant to assume and to 
maintain by force all the functions and authorities ctf 
the State ? — Is the thing within the compass of ho- 
ixnan belief ?-^If a man were offered a dukedom, an4 
'.twenty thousand pounds a year, for trying to believe 
it^ he might say he believed it, as what will not man 
say for gold and honours? but he never in hct could 
believe that this Edinburgh meeting was a ParHameqt 
for Great Britain !— how indeed could he, frcwn the 
.proceedings of a few peaceable, unarmed men, di^ 
jcusstng, in a constitutional manner, the means of ok^ 
taining a reform in Parliament ; and who, to main^- 
|ain the clnb^ or >vhatever you choose to call it^i c^U 



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THB TfilAL OF ITHOMAS HA&DT. 445 

lected a little money from people who were well dis* 
posed to the cause ; a few shillings one day, and' 
perhaps as many pence another? — I thtnk^ as far as 
I could reckon it up^ when the report^ from this great 
oommittee (^supply, was read to you, I counted that 
there had been raised, in the first session of this par* 
liament, fifteen poimds, from which indeed you must 
<teduct two bad shillings, which are literally noticed 
in^ the account. — Is it to be endured. Gentlemen^ 
tfiat men should gravely say^ that this body assumed 
lo itsdf the offices of Parliament?-— «that a few harm-' 
less people, ¥rfao sat, as they profess, to obtain a fuid 
^presentation of the people, were, themselves, ^Ven 
in their own imaginations^ the complete representa-» 
tion which they sought for ?-f-*Why should they sit 
from day to> day to consider how they mt^t obtain: ^ 
what th^ had alrea^ got)«^If their object was axt 
imiversal representation of the whole people^ how is 
it credible they could s»pp6% that universal repre«- 
sentation to exiat in themselves-^in the rejM'esenta^ 
lives of a Ifiew Societies, instituted to obtain it for the 
tountry at large? — ^If they were themselves the na<« 
tion^ why should-the language of every resolution be/ 
that reason ought to be their grand engine for the 
iocomplishment of their object, and should jbe di<» 
rected to convince the naticm. to speak to Parliamtot 
in a voice that must be heard? The proposition^ 
therefore^ is too gross to cram down the throats of 
the English peop]^^ and this is the Prisoner*s secu^> 
fity.-^Here again be. feels the advantage of ouc £reQ 



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adoMriislratton of juustior? tiw prapMittoD, oh whiw* 
soAucb^depoada^ is net to be neaaoned upon oa 
pBMrchfiKni;, to be 4t^rtmd ^privaiely to .magtstratfis 
fin: private judgment.: no-r^he has the pnhrile^ of 
^Ippealing aloud, n he, how. appeals fa^r ine, to ao cti'" 
lightened assembly, full of ^jes/andieary^ nod iolel.- 
ligenoe, where speaking.' to a Jury rs; in a tnanncr^ 
^ea&jflg to a nation at large, and fiyif% &r aanctoacf 
to its nniyersal jusdcei . 

Gentfenieo, tbe very.wprk o(Mr» IRaaoe, 4inderlfce 
banners of which this soj^Bbaed sebelfion wasaet cm 
Aiot^ refutes the cbajige it mhvoiaght &hr^nf to ttspm 
fort*, iar Mr.. Fainc, in.has prefree^iand tlam^ghfiiA 
his wihoie book, repfKifaal^s the liseiof fimse ^gttkiitr 
tkt most evi4 govvitn«T>eHts( .the lOMitmny <ims oewv 
■npoted t9<binn.*^If bis Isbok bad bttta wokten iai 
pursoajice'iif<)hed€sigh'^f:foo^a»d.rdMd^^ iKitb 
which: ii Is now sobgbt.ld be jottraeete^» rhe wwdU# 
like.theil^risoners, have 'been ciharged with;aa ersit 
act of^'bj^ tMdsont bnrt aueba prciareding wsfrneser 
thought io£irrr**Mr« PaioeiWas indicled (at a loisde^ 
weBDOf*, ainfl the inisdenieaior ivas.af^iikdio/QM6bi 
Ittfi in the ifadsebood )ti^ it tnation ba». do ligKt ta 
obdoae or alter ite gDvevriineiiA, but ia Adflibsedy.ea* 
eHing'the nation^, .^h0iit..ciMise»i tOi£Bcroise that 
#ight.--^A:-learQedL(mlr(di40i!d CJbief fiaron Maodo*- 
iiaid)i now pn tbis Bencb^ addressed iiie Jvaj as At* 
torn^ Geneva] upQ»a thitt^rincifBile: bis langoage- w$i 
this; — ^The ^question is tibt, (wb9%tfae.pCQ(iler:haveia 
tight t» .do, £sr .«be people ^are^* un^ubtedl^, tha 



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fedtiddioii and origin of ^11 gov^rtHMnt; bift'thi* 
change 4S) for seidittouBly ^calling upon the- people; 
without oause or rfea^OA^ to exerdse t rrglit ^Ividi 
«0ould be 9tdittioti> supposing the right to be in Ifh^iini 
fcir* though dsie people might ha^e^a right to do ChA 
thmg 99^tfSitd'9 md though ibey are not esiK^iliddko 
the 4oing k |yy force and rd)eUjon^ yet^ as the sug^ 
ftttioo gw^to onsettle the^t^e^ tlie propaganda <^ 
inch doctrioes is seditioos. There is no other Way; 
lMidoabte#j^ of describing t^t charge. I am ^dt 
!i0re ^titefiAg ivfto the apf4ication of it to Mr. Pa^m^ 
ipshose Coofiad 1 wfts, and who h^s been tried already* 
Qfo tty that the people have alight to cli»t)ge tlietf 
gonrortmiefit/ip kidded a traism ; every body k?noivs it^ 
Mid thftf a^erttiSdd the ri^^ otherwise the King 
)fmtM :tiot iia4^ hAd his estabtishment amongst^ lisi 
if, then^bre^ I 8^ up individaal^ to oppose 1^ tbrce 
tiM general mil*^} seated in the goremmenl^ itmiy 
W treMon ; but to induce ebanges ^n a govermneht, 
li^tMposfng^tp' a ^Whole nation its errors and tttrper^ 
"Mta^tiSy >(mit4iaii^e%id beating upon audi ah oBkihtt 
i-^Kiife amm; 'wWdh can-^be'niaae of it is a iSH^d^i 
tneanor, and that too depending wholly tipcnt ^M 
jM^MM^^^irt^li^lie Jury may fyrm of the intension 
i(f(l3lxk}iritet^-^^ long timc,%dedff, 

n ii ulW i d tothewrtdves the>ptt)fiflce'C^dedidingt3p6^ 
this imietttJdi/ tts'atoiitter^Gf^IiMrV'ebncl^ vfiFerl 
vkijf^'k*^tnl2ie%otof pUUlicssKimir'l'sia^^ X3(}^ 
iMttfiie24t,^^oiigh tt'^4vGte n6t;>«Iihfe^^krin6 elf Lord 
ilibi|Mi«h^/%ut<)b^ dbi»n^il»4iiftrHSiemr 'dte^race'- 



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44t BCBi visunbV orBBCB our .^ 

dento of Judges before his time : biit even id Um^ 
case^ though the pubticetion was the criioe, Dot^ af 
ia this case^ the intention, and thou^ the qii^ity 
of the thing charged^ when not rebutted by eVtdeoee 
Ibr the Defendant^ had so loDg been" considered to-.bt 
a leg^l inferenoe, yet the^Legislaturci to eopport tbf 
province of the Jury, and in tenderness for liberty^ 
h^s lately altered the law upon this important svh* 
ject# If, therefore, we yvere not a$$etnbled> as we 
are^ to consider of the existence . Of high treaaeo 
against the King*a life> but only of a n(Hs4emeaiK>r for 
seditiously disturbing his title and estaUishment^ bf 
s the proceedings for a reform in Parliament, I should 
think the Crown^ upon the very principle whicb^ uoii^ 
der the libel Iaw» must now govern 8i¥^^ trial, quite 
as distant from its mark; because^ la ^y ophiioii^ 
there is no way by which His Majefijtyi's. title can mQit 
iGrmly be secured, or by which (above all^ in our 
]dme$) its permanency can be better established^ tbail 
by promoting a niore full and eqdal.repree^tation of 
the people, by peaceable means; agd by^.what.odier 
meapa has it been sought^ in (hii .vofimK^ to bt 
lirpa^te^? 

Crentlemen , when, the members^ pi ^.Comiwtiail 
were seized, did they attempt oesist{Uicii^?-*^Ji)id.di«!y 
insist upon their privilf^ges as sulyecta^uOfim'ttiMS 
lawa» or as a parliament enactii;^. laws Iqir othMr^^ 
If they had said or done any thing to.g^^fo i^Aur-ta 
such an idea, there ne^d no sf^ea ti)^cpnvf<^,Uie9M 
the Crown cofiU jisve. giyeii ^ui^)(^ mi^^^^ 



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THE. tElAt C^ tmiiAS HABDT. 440 

fvtdence from amongst themselves: the Societies 
oonsiyted ' of thousands and thousands oF-persons^ 
fpix»' of whom, upon any calculation of human na- 
pxte^ might have been produced : the delegates^ who 
littended th^ meetings, could not be supposed to have 
imt, with 4 different intention from those who sent 
tbem I aord, if the answer to that is, that the consti* 
tuents ai^ involved in the guilt of their representa^ 
tives^ w^ get back to the monstrous position which I 
ciservid you before to shrink back from, with visible 
lufrror^ when I stated it ; namely, the involving in 
the fate and consequence of this single trial every 
man, who corresponded with these Societies^ or who^ 
fg a member of Societies in any part of the kingdom^ 
consented to the meeting which was assembled, or 
wbicb.was in prospect: — but, I thank God, I have 
nothing to fear from those hydras, when I see before 
ine such just and honourable men to hold the balance 
pf j«^stioe. . 

. Qenti^men, the dissolution of this parliament 
iKp^^ as strong a language as its conduct when sit* ^ 
iiflg-^^How was it dissolved i When the magistrates 
altered, Mr. Skirving was in the chair, which he re- 
cused %o leave : — he considered and asserted his con^ 
,4uct to be legal, and therefore informed the magi- 
ftmte he nnist exercise his authority, that the dis- 
Itersion might appear to be involuntary^ and that the 
iulyect, disiturbed in his rights, might be entitled to 
.his reinedy,<^The magistrate on this took Mr. Ski(- 
IMg l^ the sfaottlderi who immediately obeyed ; the 

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ibhair was quitted in i moment, and this great partti^ 
thent bfok^ upr. What was the eflbct of dl thii pro^ 
Seeding at the time, when tvhateter belong^- to ft 
ttiust have been best onderstood ? — Wctd any of tM 
if>arti A indicted for high frestsoii ?-*-Wertr they tw* 
tllcfed €Hh {6t A bttsAdtt of the peotit iii holding tiki 
ConVetitron MN6ne of these tilings.— Ifhfc \iW rf 
Scotland, arbitrary a$it is, was to bedlstorbeid to find 
a name fo<- fh^ir offencd, aitd tbd roles of titti ia hi 
Violated to convict them :--they were- denied Iheft 
bhall^ng^^ to therr- Joforsj -add othdr irre^uIarliiM 
'tvefTfe imrbduccd, so as to be thti stibjebtofcdrtf^laitti 
ih thd House 6f t<iTtttH<ms.'^6eitHt(Am, m 'w^ml 

. itl\ ^jritTg, t^U hot siandihg M^ to vihdiedte till ftM 
Ihey published duHtig tbes« proceecHug^, rtdre 6^ 
')!ldlly th6S^ Whhih W^e Written iti«oti9e^b<^i65^tiK 
tHats I hav^ JQ^ alfud^ to; tlul a)totMtti«^ ftiiM M 
'^ddd fof a «tat«rof fa«atand !rtitatiA>{^riM^«» 
men whom they believed to be persecuted •'fiM' Wbft 
th^y condeii^ed td b^ ihtldci^ftt ;-iMthey M# !liMift\he 
V?dtfhf^ df s€<iten(^ei tvitich lUatjy' %«}» ioAsilfii'-li 
Vc^divaknt to, ^ hoe wbrse ttetrt, jtidgriMtt^'of «ttc 
sibh; i^ti^fices tirhrdh, at all eif^nts,- hlidn^ve^iMti- 

Iktgd bi^r&rd, and Sdch as, I bdi^re, il«»(» Will ^HlgSk 
with impunhSy.^Bdt smoft I- arh Oi^ lfh« ^tAjebtHflf 

'mtentlbn, t^sbaH cOnddct ta^f iAth\9ii fain« M^ 
dmtioh wh^ch^ t h:tt^ been pHi^ribiHg » I #Hi «it 

Voa^pdrsiond, but shalt dohtent'hiysdlf wt<h laiffiu^ 

'Vng that these judgments trere prodactir*i»f «ftrti*. 

^4ueft(%s, wHioh »re?yfoHow from atrthMiiy fliMiriai^' 

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cxer(»ied. Hovir easy is it ihhti to dispose oF as miicfa 
ef the QVidenoriis cdtisumed balf a day in the aim^ 
theraas against tbb Bcertch Judges I It appeal's that 
i^y pame to vaiSdua resohitibos CDhceJrning them ; 
Wfb^ KQ01I9 boma Ibftd, and aH of th^m in^xAzrl 
^tfiqM^gfit 9tbarB thay rampari th^m to JefKiriea^ and 
wist) Ihat di^^ -who iotitate hik eiampto^ may meet 
fiis ; ^..r^What Aen ? -^ lirevefend expri^sion* 
ng^Kst ^J|ldged ardt not : adts of hi^ treaaoti l-^tHf 
^hey.jbfd astanbbldi: reood tbd Ooort of Ja^idar^^ 
aifd hwged them iti kha.eseiiutidn l»f:thtir IrfHces, it 
^ul4 <94t bd^ been treasbn wtibin .the ststtuie.^ 
ftOl, pa #dv:acajBa fbrJ4)si;espact to and think 

tbfit(it ,is.icfaii^dm to the pablioorde)- ; but) puttlrifg 
flMl^lheinH^tiipoahhe Juc^ toW: in ^ytb^rityi 
$lif is^pfpbalMR of J^aries is nb libeU but dyy awfiyti 
91^ w^l ihMmitb Jt6 viok^ m^. ' > Lord Ghirf 
Mtit« ^eiierte6:4inM the privileged of £ing;lish lanf^ 
I9 ^n ipti0w»t maBi*«^e rtefosedit to Siriliomai 
^roM(C<Hlg» whKft ih'.Yian pfaaded^' ititir of bis cHiti 
UHv^jrrtlMitzfasr was qm* of the raatih ^whto lfia\»afe ^'t 
09ti^^im^lbitcl^ deatv tbatdlimis )a»}ty taken 
f»R g)»ntdd, is tbe case of Mri Pufefoy).-^Th« 
0Allgh!i<^ <^f this iflfl&Mrtttnate person, ^ kdy of bonout 
and quality, came publicly into Court to iupplici^*t# 
for hi^ fatU^ I and vdaaft ^ere the dfects of her sbp- 
l^i«Q{#lk»ftiand,of tbeJaiv in £ha mouth of the P/U 
j^^r*? " Sit. Thoirias; Atmstroog/* satd Irtfefiea, 
5Vyo^. mugr amuse youcs^ as muooh al you pleiid4 
f Wll^ilbt i<iMX3tf»«r jn^^ b^ yM M« 10 t« 

a o 2 

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452 .'. MS. BMKIirE*8 SPEECH OK 

^^ hanged next Friday f'— and, upon the natural ex-^ 
olamatton of a daughter at this horrible outrage 
against her parent, he skid, *^ Take that woman out 
"of Court;'' which she aniswered by a prayer, that 
God Almighty*s judgments might itght upon hitn; 
Gentlemen, they did light upon him ; and when> 
nfter his death, wfaidi speedily fdlowed this transac- 
tion, the matter was brought before the House of 
Commons, under that glorious Revolution whieh is 
asserted tbroitghout the proceedings b^re you, the 
judgment against Sir Thomas Armstrong ws» de- 
clared to be a murder under oolour of justice I Sir 
jRobert Sawyer, the Attorney Geniiral, was expelled 
ihe Houte of Commdns for hii^ misdemeanor ia re- 
fusing the writ of error,-^and Ae executor of Je& 
feries were couimahded to raaike compensation to the 
widow and the daughter of the dMeased; • These are 
gr^at monumients of justice ;-*-«iid, al^ougb f byno 
means approve, of harsh expresBions agaiifSf<authoi' 
rity, which tcind' to weaken the holcRngs'of ^sbdetjr, 
.yet Jet us not go: beyond the Mark in our niitntinto} 
^qt suppose that :men are idatig^xmsly 4is»dectdd to 
jthe government, because they feel a sort of prtde akid 
:^i;^uUatioQ iii events, whidi constitute the dignify and 
^lory of their country. f p- 

. Gentlemen, this resentment against th^ proceed- 
ingjs of the Courts in Scotland, wa^ not ccmiined to 
tuose who were the ot^ects of them ; it was not coa« 
^ned eveu to the friends of awform in Parlianietit-^ 
»J)CP««»l€itfjmfalic9iaboth pacts pftht4sland,|diiieid 



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THB TRIAL OF TROKCAS HAR6y. 469 

fhem in the complaint ; and a gentleman of great 
moderation, and a most inveterate enemy to parlia-* 
mentary reform, as thinking it not an improvement 
of the government, but nevertheless a lover of his^ 
tountry and its insulted justice, made the convictions^ 
of the delegates the subject of a public inquiry :— f 
speak of my friend Mr. William Adam ♦, v^rho brought 
these judgments of the Scotch Judges before the' 
House of Commons— rarraigned them as contrary to 
few, and proposed to reverse them by the authority 
of Parliament. Let it not then be matter of wonder, 
that these poor men, who were the immediate vic- 
tims of this injustice, and who saw their brethren ex*' 
pelled from their country by an unprecedented and 
questionable judgment, should feel like men on the^ 
subject, and express themselves as they fell. 

Gentlemen, amidst the various, distresses and em- 
barrassments which attend my present situation, it is 
a great consolation that I have marked from the be^*^ 
ginning, your vigilant attention and your capacity to 
understand ; it is, therefore, with the utmost con- 
lidence that I ask you a few plain questions, arising 
out of the whole of these Scotch proceadings.-^Ia 
tht £rst place, then, do yx>u believe it to be possible, 
that, if these men had really projected the Conven- 
tion as a traitorous usurpation of the authorities of 
Parliament, they would have invited the Frienda 
af the People^ in Frith Street, to assist them, when 

♦ Now Chancellor to the Prince of Wales. He sacceedied Lori 
Erskine when he became Chancellor to the King. 

c a 3 

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|b€y km^w (hfit thi« Society w^ cl^t^min^d not t<i 
$oe\i th^ reforin of the qonsUtuti^p, but by meaoi; 
^at wer^ constiUHiqn^h wA ff^o) wbocn they could 
neither bofte f9r wppprt nor coDce^dxnc^ut of ^vil 
]^urposes ^--J. ^sl^ you ^«t, if t^ir olgwts bad hei^n 
trailorousjf wQulcl th«y b^ve gi^n ^b^^i^, vrithout ^is?^ 
yuiee or colour^ to the publip atyi t^ ^begpv^rninenti^ 
i$^ ^very conomoD nqwapaper } ^pd y^t \i is so far 
(foff) being g charge- jtgaiost tbf m, that tb^y coq- 
Wii\fd th^irobJQ^t^ by bypqcrUy or guj^rded conduct^ 
tb^t I haY§ b^en driven to adn^it tbe justice of the 
cpfDplaint 9g4in8t them^ for unnecessary ip^am* 
ip^tipn and exj^ggeration,'--! d$^ you furtber^^ wben 
ther, i/ \\\e prooee^i^gSy tbu^ published and qugg&r. 
^^tedi h^d appeared tsf Qoyernrnent, wbp kn^^w every 
thing belonging to thacn, in tbf light tbfy ^epireseiii 
tbem' tot you ^^^iajf^ tbfy q^V^ ppasib(y hf^ 6lq)t 
9VQr tb0BQi with auob cpinpl<^tp ipdifi?rence aad siv 
tonCe ? ^or it >p nqtof iwaj , tb^fc^pr tbfe Conveniiou. 
bjsdbeen be^ at^inburgb; ^fter^ infj^iort, ever^ 
thing had been s^id, writte^^ ^nd tranaactod, oi^ 
which I am now eommentiiig, wd fitef ^^i ^^ine'l^ 
b0ok bad been ifor abpye ^ yqar in wi\fer«^l p(Wr^ 
lation,-T^ay, wp to, the very dajj'wbei^ Mr, (Jrey gayi^ 
SQiiee, in the. (IpuBe of Cpnpdfiopsi^ pf the ^^entioft 
oi the Friefids ftf the P^jpple im ft ?eft>rm ink FarU^,-; 
5fjent, there wm not eyon a jingle indietment oa the 
file for a miedeajeapor ; but^ frpnp^ that nsonientiy 

V'ben it was seen that the cause was not beat down 

*•••■' . ' 

pr abandoned^ the pro^^matipa r^ade \^ a]m»e(^canc^ 
^rid all the proceedings tj;)aj^ fallowed had their birth* 

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Tf J st^' you,, lastly, Gentlwi^M, -whetbflr it be 19 
btfxnaj^ tiatupe, that a few ooprotected nien» cpQsciomi 
^ tbjeir own ix)md$, that they ba4 be^n engaged i|ii4 - 
^t^ted in a detestable rebellion to Qitt oiFthe IpjigA 
t(0 destroy itbe administration of jai»tice| and to sab^ 
vert the wluAe fabric of the government^ should, turii 
ifound upon their country, whose ruin 4hey had pro« 
j{^C^4 md who^e most obvious justice attached on 
^m, complaining forsoothi tb^t their delegates^ 
If Iq^n by magistrates^ in th^ very act of high treaspp, 
h§4 been harshly and illegally iixt€;ri^upted .in a meri^ 
l^ious proceeding ? The history of mankind never. 
Iprnisbed an instance, nor evi^r willj of auch extra** 
yi^-ant, preposterous, and unnatural eonduct ! No^ 
j^y Gentlemen I all their hot. blood was owing to 
Ib^r film persuasion, dictated by con$qk>ti$ inno-' 
C^ce, tb^ t^e conduct of their delegates had beeii 
\egfii\i and might be vindioated ^in$t the magi? 
f grates wbo obstructed them :-^in that tbf y might 
\ip pu0tiskw i — I am .pot arguing that pojnt at pr&r 
Sfyfit ; if ^y are hereafter indicted for a misdemea<r 
ppr, md I am Counsel ijQ thft cause, I will then 
t^lyoi^ ifhat I thin^ of jt!--rSf^Hcient for^he day 
19 the jood or evil of it,«--it is suffiqient, for th^ 
present on^, that the legality or illegality of the busi^ 
IH^ lj\as ^o relation (a i&e cnmp that i$ imp^t^d to 
tbe Prisoner* 

. The.n^xt m^atter that. is alleged against the ^ur 
tbora of the Scotch Conv^ention, and the societies 
jwl^icb supported it, is, their having sent ^ddres^es of 

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firiehdshtp to the Convention of France. The^ ad* 
dresses are considered to be a dteistre proof €if repob* 
Kcan combination^ verging ciosdy in themt^elves upon 
an overt act of treason .^r-Oentienien, if the dates oi 
these addresses are attended to, whidi oome no lower 
down than November 1792, we have only to lament^ 
that they are but ehe acts of private subjects, and that 
they vfdre not saoclipned by the State itself. — ^The 
French nation, about that period, under their new 
constitution, or under their new anarchy, call it 
which you will, were nevertheless most anxiously de* 
si rousof maintaining peace with thiscountry.-^Butthe 
King was advised to withdraw his ambassador from 
France, upon the approaching catastrophe of its most 
unfortunate Prince ; — an event which, however to bc^ 
deplored, was no justifiable cause of ofience to Great 
Britain. — France desired nothing but the regenera- 
tion of her own government; and if she mistook the 
road to -her prosperity, what was that to us ? — ^But it 
was alleged against her in Parliament, that she had 
introduced spies amongst us, and held correspond* 
ence with disaf&cted persons, for the destruction of 
our constitution : this wasf the charge of our Mini* 
ster, and it was, therefore, held to be just and neoes* 
sary, for the safety of the country, to hold France at 
arm's length, and to avoid the very contagion of con- 
tact with her at the risk of war. — But, GentlemeD"! 
this charge against France was thought by many, to 
be supported by no better proofs than those against 
the Prisoner. — In the public correspondence of the 
4niba3sador from the French Kingt tind upop his 

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<^atli, a6 Minister from fhe Convention, with Hs 
Majef(ty*8 Secretary of State, documents which fie 
^pon the table of the House of Commons, and whidi 
tnay be mad^ Evidence in the cause, the Executive 
Councir repelled with indignation all the imputa- 
tions, which to this very hour are held out as the vin- 
dications of quarrel. ** If there be such persons ia 
^England," says Monsieur Chauvelin — *^ has not 
^* England laws to punish them ? — France disavows 
** them-^-9uch men are not Frenchmen.'* — The same 
corrlespondence conveys the most sol^nn assurances 
of friendship down to the very ^end of the year 1792 
«.^ period subsequent to all the correspondence and 
tiddresses complained ofi— 'Whether these assurances 
were faithful or otherwise, — whether it would have 
heen prudent to have depended on them or other* 
tnse,— -whether the war was advisable or unadvis-^ 
Ale, — ^are questions over which we have no jinnsdic- 
•tion ;— I only desire to bring to your recollection, 
that a man may be a friend to the rights ofhumanitj 
*and to the imprescriptible rights of social man, which 
ia now a term of derision and contempt^ that he maj 
feel to the very soul for a nation beset by the sword 
of despots, and yet be a lover of his own country and 
Its constitution. 

Gentlemen, the same celebrated person, of whom 
I have had occasion to speak so frequently, is the 
best tind brightest illustration of this truth. Mr. 
Burke, indeed, went a great deal further than re* 
quires to ht pressed into the present argument ; for 

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Hie inaiatauied th^ ttiw^ ?f justip^ 9n4 ^ tmilll^ 
agaiwt all tiie perverted authority ai^l r^sb yiplM!9^ 
pf bis country^ and expreised th^ fe^ipgf pf • 
Christiairand a patriotic th« yery Jient lof ibfe Amm^ 
»n war ; boldty holding fortij Qpr yictpri«a,a8 4^9ftt8s 
31)4 OMr accesses as calamities mi di9gf 9M9^ ^* lit 
^*^ is not inatantly," said Mr. Bqrka, *^ thiit I i»ii bf 
<< brought to rejoice^ wbea I bf^r «f tl)p ilagg^ter 
'^ and captivity of long lists of tho^^MmW vhioh 
*' have been familiar t9 my «^rs from my mfimcy, 
^* ami to rajoice that tliey haive fall^ mdf^ thf 
^' sword of strangers, wbpse b^jparow ^ppeUatioiis / 
<^c scarcely l;now how to pron^mica. The glory ju> 
'' quired at the IfTiite f fains by CoIpimI Mailk, h» 
*J no charms for me ; and^ I fairly f c)(P(»<i^ledgPjL 4^ 
*.* I have not yrt learned to 4elight in Sm^ng i^ 
/f Kniphamen in the hear^ of tlie ^HUsb .4pi9ini<3W^^ 
Jf this had been said or written by IMf* X^9 
SbeiSeld^ or by any other fnepbfr oC tbi^ |o^e^^ 
|ieated with wine^t tbe GlpbeT^v^^n, i^l yif^f^i^ h(^ 
Ji^een trumpeted forth as d^aivir evid«ac« of t^ rejtwJ^ 
Oious ^\vit^ ngoiciHg i«> *be downfoiil .of bji 9p|»n)ry •; 
yet 4be gre^ author whose wjrHin^s I Jw« bPTflOiir^ 
|Vom^ Sjf^ov^ bimf eil( to bff fthp fri^n^ 9^ tJws wHipp 
at that calamitous crisis^ and had it{4ffisf4 &Pd fp 
pf^ the Au»ders|tMdiii^ of our ^(f jer^i Ml Wf^om 
W^bt Iwweavertfd the#tprn»s tb<iA>9|i#^fW(thV^i|* 
iqg- arofwl i»s. We ^fitt^jtfnpt, tjiffcpiprt^ it>e Jtpp 
j^^ore in opr a^icUires 4ipon t^ ^p'loi^W and («ri^ 
4jE?gs. of «^ af th^j^ jrfiBw4; §WJb ^fipig^ty. |wil?JjP 



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^^Wgftion?,'-rThie intf^re^U 9f * natlpn may often be 
q^a thipg* ^nd the. int^reata of its governmwl: 
Il99t^er ; but the interest of tho^e whp hold goyera* 
laeQt for th? hoiv, isiat ^1 .tim,e3 different from either,' 
•^t th^ timq m^ny.af. the papwa before you were cir^ 
cu]$i|ed on the subject pf the :w»r with France^ many 
9f the bes^ md wi^e^t men in this kingdom, began tp 
\>^ dfiv^ by o»r situation to these melancholy reflec- 
^^Q^; an4 .thoi^nd?^ of persons, the most iSrmly 
gj^^c)^ to ^h^ principles Qf our con^titution^^ and 
whonev^r were mw>h?rs pf *ny of th<;s? Societies, 
i^omidl^r^d^ a.nd still consider. Great Britain as th^ 
flggiressQr against France ir-^th^Qonsidered,, and stiU 
jponsidisr, th^jt *be ha^i a rig^t to choose a govern- 
ffm^t, for her«fil{f,;ftn4 that it was contrary to the fii»sf 
IH^nifipIes of jiistice^ and, if posaiblei still more r^r 
P*)g*Wt ti? ths gepi«s of our own free constitution, 
^f^ qc^bipQ with dospqt^ for her destruction ; and 
»\ip }iT\off^ bi)t: th,at the external pressure upon 
jj^m^ mayr have been the cause of that nnheard-pf 
rt^.qf #P9iety whidi w^ cproplain Qf?~whoknow§^ 
but that, cjriy^ as she has. Wen to exertions beyond 
Ibe ordinary vigour pfa nation^^ it has not b^en the 
pi^ent of thfit unnatural ap4 giant strength whiph 
t^re#.l;en« the w.tb^^S' of it with perdttipn ? Xhcs© 
aie mel*neh4y cwwidpnations^but they may reasonr 
g\Ay^ and i}t alj events, be bwfuUy entertained,— rA^^ 
pwf pbedien^e to^ Governinent in our action^ b«t 
l^pely our opinions are free. 

Gentlemen, pursuing (he qr^ex of timet w^ 9rf ^ 



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460 MB. £B8KIN£*8 8PEBCR ON 

arrived at length at the proposition to hold anotket 
Convention^ which, ^ith the supposed support of it by 
force, are the only overt acts of high treason charged 
upon this record. — For^ strange as il may appear^ 
there is no charge whatever before you of any one of 
those acts or writings, the evidence of which con- 
sumed so many days in reading, and which has already 
nearly consumed my strength in only passing them 
in review before you, — If every line and letter of all 
the writings I have been commenting upon were ad* 
mitted to be traitorous machinations, and if the Con- 
vention in Scotland was an open rebellion, it is con* 
ceded to be foreign to the present purpose, unless as 
such criminality in them' might show the views and 
objects of the persons engaged in them:>— on that 
principle only the Court has over and over again de- 
tided the evidence of them to be admissible ; and on 
the same principle I have illustrated them in their 
order as they happened, that I might lead the Pri- 
soner in your vietv up to the very point and moment 
when the treason is supposed to have burst forth into 
the overt act for which' he is arraigned before you. 

The transaction respecting this second Convent 
lion, which constitutes the principal, or more pro« 
perly the only overt act in the Indictment, lies in 
\he narrowest compass, and is clouded with no ambi-^ 
cuity.-^I admit freely every act which is imputed to 
the Prisoner, and listen not so much with fear a* 
with curiosity and wonder, to the treason sought to 
1)C connected with it. 



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THB nXAX. OV TM&MAS HAEBY> 46l 

'Toil will reodlect that the first mottOB towards 
the hdding of a second Convention, originated in a 
letter to the Prisoner from a country correajxindent, 
in whidi the legality of. the former- was vindicated, 
and its dispersfen lamented :-*-this letter was ansimer^ 
ed on the 27th of March 1794, and was read to you 
in the Crown's evidence ia these words : 
^* CiTizBN, March^j^ I794p 

. ^' I am direotedby the Loudon Corfespondk^i^ So^ 
f^ atty to transmit the following. Re$olations to the 
f^ Society for Constitutional Information^ and to re^ 
^' quest the senttinents . of .that Society respiting 
<f the important measures which the present juncture 
^' of affairs seems ta require 

. '^ The London Correapcsjodiiig Society conceives 
^^ that the moment is arrived, ; when a full and ex« 
^' pHcit declaration is necessary from all the friends 
t^ of freedora^whiether the hteiUegal Qnd t^nh^ard* 
*^ of proeecttiiofiA and sentences shall determine us; to 
^' abandon our cause, or aball exdte us to pursue a 
f f radical reform, with an ardour proportioned to th« 
f* mi^nitude of the object, and with a zeal as dktiik^ 
.'f guishedoa our parts as the treachery of others m 
/^ the same ghriims cause isnQtoriof4s. The Society 
^* for Ccmstitutional Information is therefore required 
'* to determine whether or no they will be ready^ 
^^ when called^upon, to act in conjunction with tftis 
^^ and other Societies to obtain a fair representationt 
^* of the V&QVliBr^whether thy concur with, us in 
^^ seeing ike necessity of a speedy Convention, for the 



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** pufpbse tf^buOnhigi in a t(nMitmtimud. and tfgai 
^^ fMethdd^ iqp rairir»^ 0^ those grmmnda wndal^ u^hiA 
** we at present labour^ and which tsaAxotd^ it -^eti- 
*'* iualbf rtrnmed by n full and fait. ref^rs^^Mion qf 
^* tkepH^e of Grim EHtain. The IjQiidoa Gor^ 
^^ te8fK>tiditig Society: ^MCtlot but fietoiod Xheir friends 
^^ that the present GcvAi' demaiicb ail Ahe prbdoioey 
^^ 4inabiiBlJ;y^ mid vigour, that may or can be e:^^ 
*^ eftcd by MENand\07'tta)i4Pt ndr do th^. doubt 
^^ hM thMmatify fittdtiess and iAmntmrnf wsil fimll^; 
<^ a^ th«y believe shortl^^ tefislittitifin ibe fcti ae^ 
f < ' oom|)lahMent <^f sli their wishes^ 

l^'Iatfi, FWllowioitiaMn, . ' 

^^ (Inmy bimil}te.isifesfii9e^)r . > 

i > . " Aftie^idto'theBSgWofM^^ 

•• • (Sigried)' •^ T. Hahdt, fiteretaiy.^ 

-' Ttit^y fheti re^olte: thit there >ie:nD. vbutity fdf 
t)l6 eoMkiWhoe <if My^ fighl! bbt-kiicrictinlifjr 6f 
MtM ; flbc ih eqQ6Ht);t trf* propMy^ the ricUpi!ibii» 
IkOgtottitl b^ Whidi ydii HM k» bv ^n^htsndLjntd iA^ 
^iKft;k^v-'^^4tti the poiit^y^ thtanghaoV.e^sry part 
eC^^tbe fibMedfbgs^ i^nd.iiiqsl eobpbatibalLy is Mr. 
Sbrkl^^ii^spe^ph^ so nUMh retted ;oii> the biik&nil 
lOlbdtdinMi^^ns Of Mf^^y the semnty nof - propifertf, 
tnd th^ pmspsi^iijr t^fthat Imdel and edtimie&bid^ritiA 
t«.rtiMI, ^e h«}d, 4eft^i 0> the «s^p dpecta tgih^:at^ 
Mit^d^ by 'the 4^(dfmii»i}i%re^emommi whtduth^ 
f61ig1^tftrfi\ • ' '. * ^ ""'^ ^ '- •• i •^: .:.":io *• 
« Jjfi ei^^ifril^^ thl^ fir^ mimng. t(i>i?ti^ a 9€li(Qni 



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THB trnxh Of ttiioiiAft BABin; ■HS^ 

imB&n ttidVe ia^'tmrn' th* UXtet I hive joft i«l^ U> 
ywiy orfiDtfi iny ihtn^ tht« apj^e^rs to hftrd led to** 
it^ to suppose that a different sort of Conv^ntbtl'= 
vm i^eeted'/irotH fltat whteh hdd been beibre as- 
sembted ami dtepirstfd.-^Thife lett^ bays another ^*^ 
tMi Con^enfidK ; ancl>it de«cribes the sami^ ol^eets- 
96 tba firA^*-d)9Mp«« -all the papers for the ^litig 
thte SMond G6d<^ettttdii. with those f(^ asdemblittg^^ 
tie )'£r8t» diid ^00 iviU fihd- no dtifktttite, ekeepf 
dat-theyiimi^with thtot ^serM^o^^ and litt^ds- 
matter, Iriwdg obvS^sly frotti- tbe irritation prddtteed^ 
byihcaaHingbf'tUi ttttiipons M'iih theit br^ehi^> 
cbadetnned tv eki}e.< TheM p^rt havfr afafeftcfy^beeo^ 
GBMiidered, and s^psitiaCed^ s» they ought %& bOy JrDtik^ 
tbvdhtrgttk' V ■ ■ •'■;.■' 

•:1 1(rilIdow-ky be{(»t«yoa aU the reffiahiiflg opig^*' 
littioba U this- ftfe^idayd oobsi^^aoy up lo the'IV}*^ 
aoflmfs impeiMiitndiiit ih tb« 'I'o^i^h Mf. liai^' 
fatfrtaf i«i«tv«|} ihc letter |ust^af<f««i>te^ to, i^gfardii^ 
•>'Mtand GtMVtiitioti, the Gofresponditig • Sobietj^ 
nwofttkidletiMV^'of the 97tb of Itfar^) artd Whiote 
wbr'^und liyhib haud^wntin^^ knd iH published ih' 
tltt;:^!' ll£fp»r£,<)page 1 1< ThU itt«t«»-/etK:l6$lhg th«-' 
llHblttlitMii tyy' bftd eottie'td' upmi the iubjecV 
^Nto lebMidbMd hf th6 OonttiihtAMMl BObie^ oft^-tb*-' 
tt^ ^fi the Hsih of l4ir(fh, <«h« ^rdbiwy day fori 
tilfeir' «veMit%, Whien th«y'<ei» M ttttWver tfil th«I 
<3dl(l«(f)0ttditi| Soeiecy^ iitfofficihig ^th thitt Aty: 
hid ii|«!ei««d:^lr «otfii«raikidatidA,«hafeabe$i4Miuu> 
tUf •>MllilMN|d'JM4ttl'4betn><kl''4li«^)^t^ tiKy4Jil( 



•'■Digitized by Google 



in vieiR^ and iwnUtd tb^m to, 9ettd adet^Udm 
of their meinbera to. confer with them oo tfao 
subject. 

Now, what were the objci^ they, coocwnpod kn, 
and what was to be the subject of. conference be^ 
tween the Societies by their Odf^ks ? looli: a| 
the letter, which distinetly eapresaes its objeots, 
and the means by which they sought to effect tfaeaa :. 
•r-had these poor men (loo nitmeroua to meel 
all tqg;ether, and therefore renewing the cause. of 
iSarliateentary Reforoi . by delegation froca the . So* 
pieties) any reason to suppose* that ^ they were hw 
iK>lvin^ themselves in the pains, of treason, and 
that they were compassing the King^s death,, when* 
they were redeeming (as they thought) his autini* 
kity from probable downfall and tuin? Had tres- 
aan been imputed to the Delegates! before j — UaAi 
the imagining .the d^ath of the King ever beea^ 
auspeqted.by any body ?— Or when. they were, prose?-; 
outed for misdemeanors, was ,the proaecotion p&a^i 
sid^red as an indulgencocoi)f(^rjied.iippo sneistwhosa- 
lives had been forfeited ?T^And is it. to be. aidured,' 
tti^Pi in this free laod, made free too. by the virtual 
Qf our forefathers* who^plaoed the King uprnihiK 
^ron4& to maintmn this frefdpni, that forty -^la^ 
fifty thousand pecpIejJn the. diiferent parts of th«: 
kingdom, .assembling, tn th^ir little Sociieties. 0* 
thread useful knowledge) and to ditfu^e thef prvoctples^ 
of liberty,; which the more widely they are. spread^' 
tjheaurer.ia the codditjda of wtbpigfin^msAt^i 



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avf in a m^ment^ withput warniciigy withoiit any la\i( 
or principle tp warr^int it, an4 withpiit precedent; 
or 6x&9)ple, to be .{ifpaiid^d as traitors, and to b^ 
decimated as victiiiu fi^r punibhnrrpnt !-r^Tbe Consti^ 
tutional Society h^vrng^ answered the letter of th^ 
97 th qf Marph, in tte np^anner I stated to you ;— 
Cpmmittees, from i^^ph of the twp Societies, were 
^ppoinled to confer tog^ther.-fr-Tbe Gonstitutional 
$oqiety appointed }Ar. JFojcCi Mr. jKidd, Mr^ 
W^rdle, $ind Mr. Hplci-oft, all indicted; and Mr? 
gh^rpej the celebrated engraver^ not ii^dicjed, ]jy| 
f^xatnined as a witne^a by the Grown :~»five were ^ 
pointed by the Corresponclin^ Society to meettbesj^ 
gentlemenp s'm, Mr. 3axter, Jylr. J)4pore, Mr^ 
^Fhblwall, and Mr* Hodgspn, all ind>pted> apd Mr. 
Ji0y2|tt, again$t whom the :bill wa^ thrp\yn .out, 
Tbdse gentlemen .ni§t at th^hpiiee Cff Mr-.Tbel- 
^Wl on the 11th pf April, and there published thy 
isaolutions already eommented on, ifi .conformity 
.iieilh the general objects of the -two -l^oci^ties, exr - 
pressed in thf letter of the 27 th jot March, and 
figreddto dontinue to meet on Mondays anjl 
Thursdays for fuith(er conference pn the sut^eoj;* 
The first Monday wfts the 14th $)f April, of whig^i 
^h;^ have ;heard . SQ muqh, and no meeti^^ wa? hel4 
4>n that day )— the: fiif&t Thursday wa^ the J 7th of 
^pril, but, there was .ftp rneeting ;-^the 21st ftf 
.April' was the second Mpnday, bijt there was still np 
^me^ting ;r-the IMbu^ April w^ptfee ssc^d Tiijiff^ 

VOL. III. H K 



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40$ MS. EBSKXNB^S SfEBCR OK 

day, when the five of the Corresponding Society aC^ 
tended, but tK>body coming to meet them from the 
other, nothing of course was transacted ;*— ^n Mon- 
dayi the 98th of April, three weeks after their first 
appointment^ this bloody and impatient band of 
conspirators, seeing that a Convention Bill was in 
projection, and that Hessians were landing on our 
coasts, at last assembled themselves ; — and now we 
come to the point of action. — Gentlenr>en, they 
met; — they shook hands with each other; — thej 
talked over the news and the pleasures of the 
day;-*they wished one another a good evening, 
jand retired to their homes : — it is in vain to hide it, 
they certainly did all these things.-^The same alarm- 
tng scene was repeated on the three following days 
of meetings and on Monday, May the 12tb, 
would^ but for the vigilance of Government, have 
probably again taken place:— but on that day Mr» 
Hardy \«b6 arrested, his papers seized, and the con* 
-spir^y which pervaded this devoted country was 
dragged into the face of day. To be serious^ 
<jrentlen:en, you have litbrallt the whole of 
It before you in the meetings, 2 have just stated; 
in which you find ten gentlemen, appointed 
by two peaceable Societies^ conversing upon the 
subject of a constitutional reform in Parlia- 
ment, publishing, the result of their deliberation^ 
without- any other arms than one supper *knife; 
'wfaicb, when Loonie to the subject of arms^ I wiQ^ 



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THE TRiAL 61? TltOMAd HAfeDT,. 46? 

iA form, lajr before you. — Yet for this, and for this 
^lotie, you are afeked to deVote the Prisoner before 
j^ou, and liis bnfoKunate assdciates^ to the pains and 
t^nalties of dieath^ and ilot to death alone^ but to 
Che etetnal stigma and irifemy bf having conceived 
the detestable iknd horrible design of diSssolvihg the 
governnient of their country, atid of striking at the 
life of their Soverieign, who had never given offence 
to them, nor to dny bf his subjects. 

Gentlemen^ ad a conspiracy of this formidable 
toktension, which had no less for its object than the 
sudden antiihilation of all the existing authbritiies of 
the cbuhtry, and of every thing that suppqtted 
them^ Cbiild Hot be even gravely stated to have 
eh existence, without contemplation of fbrce ta 
give it effect ; it was absolutely i^ecessary to Im* 
press upon the public mind^ and to establish^ bjr 
formal evidence, upon the present occ£iBion> that 
such a force Wias actually in preparation.^^This most 
important and indispensable part of the cause Wfdi 
attended with insurmountable difliculties, not only 
ftorti its being unfounded in fact, but because it had 
been expressly negatived by the whole conduct of 
Government t-^for although the motion* of all 
these Societies Had been watched for two years toge- 
ther ; though their spies had regularly attended, and 
tollectcd ri^^lar journals of their proceedings ; yet 
when the first Report was finished, and the Habeas 
Corpus Act suspended upon the foulldation of the 

UK 2 

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facts coc^tained in (t^ there was not to he fo(\n4(i 
from one .end of it to the other^ even the lasinuatiiili 
0f arms ; I believe that this ciroamstanee made f 
ip^eat impression upon all Uie thinking ^passionatt 
(l^irt of the public^ and that the materiids of the firsi 
K^ert v^ere thought to furnish jbut a slender argiH 
m^nt to support such a. total ^ejipse of liberty, fl^^ 
yirpnder, then, th^ the discovery of ft ^\k^ %n tli# 
interval between tlie two Repdrts^ shou^ haAre btm 
tifighly estiiBdt^.^-^I medn no reflections upon t^ 
ydrnrnetit, add only state the m^tteri 9S ^ t»M of 
*|;refiit wit very pubficly reported it ;•— he Said th^ith^ • 
iii^eoverer^ when he £rst h^h^ld tfie long-look^d^br 
fiki, wa^ transported bey<Mfid himself vritb enthi^ 
wsm abd delight^ and that he hung over the Tufty 
instrument with all the iraptures gf ^ fond mother^ 
ij^Q embraces her first-born in&nt^ '^ 0n4 tJmnhs b^ 
f^tSfod for ^Uhtr travail ptistJ"^ 
: bi conse(jaent;e of tins disOoineryi whower n^l^ 
•feave. the mint of it, afcd wbatevcsr the fjis<ravei««4r 
"firighi have felt ujpoft it, persons were s€i$t hy'Qw^mf 
hodnt (aad J)rof>er}y sent) into aJl eerndrs of thfc 
'ifciiHgdom to i»test4gate. tjie extent of the misclMef ; 
!tibeifruijt of ;lbis incjniry has been laid befove you, ^|t 
-I ple(%e myself foaum !»p the evidence which y<Hi 
'have h^d -upon the subject, iifot: by parts* ^ by gi$- 
neral enervations, but in the same manner as the 
Court itsdf fBiisK sutn it up to you, wliep it tiays tfee 
.ifthote &«Jy pf th^ proof witfc. fidelity before, yo^,.-^ 



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K6tvvitlistaiidifig all the deehmtioM upon FrfiiK^l^ 
inarehy, I tbiolc I may safely assert^ that it baa beetv 
distimdly {sroved, by the evidence^ that the Sbef^ 
fiekl people were for universal re[n*esentation in % 
British House of Commons^ Thia appears to hav^ 
taaen the general sentiment^ with the eacQ^tion Of 
Sf» witciess,. whose t^stimooy make^ the truth . m4i 
bona Jides of the sentiments far more striking ; tho 
witncaa I allude to (George .\Yi<^i^^")> who^ gVi- 
4eaoe i tshall state in its place, seems to be a plaiiQ 
UcMit, honest man, and by the bye, which mu^ 
never be forgotten of any of them, the Crown's wknr 
ces8.-7*-i am not interested in the veracity of any; 
l>f them, for (as I have frequently adverted to) thd 
CbroWii must take them for better for worse; — it 
mij0t support eaeh witness, qnd the whole body of 
its evidence (hrdogbout— rlf you do not believe the 
irholeof what is proved by a witness, whatoonfif 
idesice can yoii have in part of it^ or what part 
ran you select to confide in I — Jf you are deeeived ia 
fjarty^M^who shall meaaiiire the boundaries of thf 
idefcefAron^-^This inao says he was at first for 
<«iinveraal sufTmgie; Mr. Yorke had persuad^ him^ 
4rdm ail the baoka, that it was the best ; but that 
iie afterwards sow reason to thti>k otherwise, and* wab 
«rot for ifoing Ihi length of ftie Duke of Richmond : 
Imt^Uiat all the other Sheffield people were for the 
£iDdke*s plan ; a fact, confirmed by the cross-exami- 
aiation of every one of tke witnies§es«'-*»-You have, 
iherofo^e^ positWely and distiocdy, upon the ^inive^ 

H H 3 

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4tO Mt. muxmnH frssca o|r 

m\ aathority of the aridenoe of the Crowti^ th6 
ft&p\e of Sheffield^ who are chained as at the head 
of a republican conspiracy, proved to be associated 
on the very principles which, at diflferent timea^ have 
distinguished the most eminent persons In this 
kingdom ; and the charge made upon them, with 
iegard to arms, is cleared up by the san^e universal 
testimony. 

You recollect that, at a meeting held upon the 
Cftst1e*hill, there were two parties in the country, 
ind it is material to attend to what these two parties 
were.«-rln consequence of the King's proclamation, a 
great number of honourable, aealqas persons, who 
bad been led by a thousand artifices to believe, that 
there was a just cause of alarm in the country, took 
very extraordinary steps for support of t|;i^ magi»» 
tracy.~The publicans were directed not to entertain 
persons who were friendly to a reform of Parlia* 
snent ; and alarms of change and revolution pa;^ 
vaded the country, which became greater and 
greater, as our ears were hourly assailed witl\:tfaii 
successive calamities of France.-^-Others saw things 
jn an opposite |ight, and considered that these^cak^ 
mtties were made the pretext for extii^uishing Bti^ 
(ish liberty ; — heart-burnings arose between the two 
parties ; and some, 1 am afraid a gre^ many^ 
wickedly or ignorantly interposed in a quarrel which 
Mai had begun.-rThe Societies were disturbed kk 
their meetings, and even the private dwellings of 
many 9f their n^embers were illegally yiqlyted^-rrlt 



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kppeflrs by the very evideoee for the CSrown^ hyt 
which the cause must stand or f$ii, that many of the 
inends >of reform were daily insulted^^-tfaeir houser 
threatened to be pulled down, and tfadr pesceaUe 
meetings beset by pretended magistratea, without 
tfae process of the iaw.-^These pnooeedings nato* 
rally suggested the propriety of having arms for 
aelf-deienoe, the first and most unquestionable |iri« 
vilege4»f flian^ in or out of society, and expressly 
^provided for by the very letter of English law.«*-*ft 
(was ingeniously put by the learned Coansel, an the 
examination of a witness^ that it was oomfdained of 
amongst them^ that very iittle was sufficient to ob^ 
tain a warrant from some magistrates, and thM 
therefore it was as wdl to be provided for those who 
Aitght have warnants as for those who bad none. 
Xirentlemea, I am too ipuch e&hassted to pursue o^ 
targue such a difierenee, even if it existed upon thQ 
evidence, because if the Societies in question {how* 
Cfver mistakenly) considered their aaeetings to be 
legal, 'and the wamnts to disturb them to be b^ 
yond the authority of the. magistrate to grant, 4hey 
had a right, at the peril of the l^;al consequence^, 
to itasd upon their defence ; and it is no tmnsgres* 
sion of the law, much less high treajBon against tht 
4^iag, ito resist his officers when they pass the bounds 
of their authority. ^ So, much for the general ev^ 
idenoe of arms ; sind the fiirst and las^ time that even 
the name of the Prisoner JQS.^oiinected wjthl||esufa^ 
Ject^ is by • littter he received from a pers(in of this 

»n 4 

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47^ vvnr. EMXfm^ wftMJOn cm 

t^tmd of Davisbn. I mn att^icn^s that this parfr of 
the case ^ould be dtittndtty umiersieodi and I wiU^ 
therefore^ bruig bskk this hMkw to jour aiteatioQ^ 
The letter 18 ii foliovKS: 

. «' The tumfaood snstolwi^ 6f the preBent Adtni^ 
^ ptstntf ion hasi doade it neoessaiy thtt we should 
i* be prepared to act on tbexlefeiishre; agauiat any 
^' attack t3i^ noaj eonitDa^^tbdr jiewfy armed iiff<^ 
f^. Bioni to mak^ upon ua. A plan has been hit 
^^ upon, and, if encoiiiraged si^ciently, wjB^ no 
'5< donbt^ bare the eflSbet of furnishiog a quantity 
>^ of pikes to the patriots^ \gr$at eDoogh to inakis 
S* them fdrmidaUe. The bbdea are made of sted^ 
^f tempered add polished afler ao approve form, 
y Tbdy may be £aied into asy fi^Brfts (but Jlr ones 
-f^ are-reoomrmieiaied) of the. girt of thfc acoooipany^ 
'5^ ing hoops at the top end^ wsd nbaM an inch mora 
-H at the bottom* 

1- *^ The bkriei aqd ho^ (more than wMdi caimat 
-^ properly be sent ib any grrat distance) will bfc 
^^ charged ooe sbtUlng. 'Mtmey to be Mnt with At 
,«* orders. . -. 

- .^ Astheinstitiition.rsjm its intoey^ knmeiiatfe 
^' etiocHirageoient is necessary* 

^^ OrdirsmayJkmniiftytbeSanmiiSiryaf the Si^ 



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THl TirjUU cap "THOOaAS HlSbT. 4f$ 

/ G^fftlemeq^ ^jrooi^ raost ifecdiect (for, if it should 
•ec^pe yoti, it tnight niake a great difi^renc^) thai 
Davifion dil-eets the answer to this letter to be seat 
to RoixTt Moody at Sheffield^ lo^ prevent post-of^ 
fiee sus^kion; mid that hie also encloses in it a ^« 
mtlar otie^ ndttch Mr. Hardy was to forward to 
Norwich^ io order that the Society at that plaoa 
mi^t provide pikeis for tfaemsdves^ in the same mm^ 
Her that Dairison wa^reoornmending, through Hardy^ 
to the people of London. Now what followed dpoa 
the PHsoner's receiving this letter? — ft i^ in evi* 
d<Jiack,.fay tttia v^ry Moody, to whom the answef 
was to h& setkt, and who was examined as a witness 
by the Grown, that he nevtr received itny miswer l# 
tim imet\ and, although there was an universal 
taiEura of papers, no sudi letter, nor any other, 
appeared to have been written ; and, what* is more, 
the letter to Norwich, from Davison, enclosed in 
kia letter to Hardy, was never forwarded, but was 
Amnd ta his costody when* he was arrested, three 
weeks afterwards, folded up in the other, and un- 
opened, as be received it.^Np^ood God! what is 
become of the hotnane sanctuary of English justice 
«»^where ia the sense and nueamng of the term 
frdv9abii^ \tk the statute of King Edward, if such 
-evidence ran be received against an English subject, 
•Oii a trial for his life ^-^^f a man writes a letter to 
flte^^bout piftes, dr about any thing else, can I help 
it P-^N-And is it evidence (eteept to acquit me of sus- 
picion) wbea it. af^ar^ that nothing is done upon 

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it? Mr. Hardy never before corresponded Wttti 
Pavison-"*be never demred him toweHeto him.— 
How indeed ooold he desire him when his very ex- 
istence was unknown to him ? — ^He niver returned 
an answer ; — he never farwarded the endosed to 
Norwich ; — he never even commanicated the letter 
itself to his own Society^ although be was its Secre- 
tary^ which showed he considered it i|S the unautbo« 
fized> officious corre^xmdence of a priv9te man ;-^ 
h^ never acted upon it at all^ noir i^pears to havA 
iieg;arded it as dangerous, or important^ since be nei* 
ther destroyed nor concealed it. Geatlranen^ I de^ 
dare I hardly know in what langoi^ to express my 
astonishment, that the Crown can ask you to shed 
<the blood of the man at the bar upon such fonndat' 
UoBs. — ^Yet this is the whole of the written evidence 
.concerning aripss for the remainder of the plot 
r^sts, for its foundation, upon the parde evidence; 
«tbe whole of which I shall pursue with precision*^ 
and not suffer a link of the dham to pass unexi* 
^mined. 

William Oimage was the first witness : he swore 
that the ShefHeid societies were iheqocsitly insulted 
and threatened to be dispersed ; so that the people 
in general thought it necewiry to defend themselv^ 
agidiost ili^ attacks ;-^th8t the justices having 
ofHcioasly intruded themselves into their peaceable 
and legal meetings^ they thought they had a right to 
be armed ; but tiiey did not claim this right under 
the law. of nature, of by theori^ of.|<owr|iraenti 

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%at as Esmxisv subisctSj under ifae govertmittt 
of £nglakd r ^or they saj in their paper, whidi 
has been read by the Crown that \voa}d condetntt 
them, that they were entitled by the Bill of RfOBxi 
Id be BrvnedL Gentkmen, they state their title 
tni}y,--T-The preamUe of that atatote enumemtea the 
ofifcoces of King James the Second i amongst the 
<;hitief of which w^^ his earnings his sobjects to be 
disarmed, and then our aneestors daim this violated 
light as their indefeasible iiiheritanc6«-^I>t us there. 
fosB be cautious, how we rash to the conclusion, tha^ 
saefi 4re plotting treason agamst the King, because 
tiiey are asserting a right, tte violation of which has 
been adjudged against a King. to be treason against 
the people; and let us not si^pose that English 
•objects are a banditti, for |»eparing to defend their 
lc|;al liberties with pikes, because pikes 4nay have 
beta accidentally employed in another country to 
destroy both liberty and law.-^Oimage says he was 
spoken to by this Davison ajbout three doeen of 
pikes-^What then ?— He is thb Cbowk^s witnbss, 

WBOH THBY OMSa TO YOU AS 9HB WITSrESS 0» 

V&UTH, and he started with horror at the idea of 
violence, and spoke with visible reverence for the 
King; saying, Qod forUd that he should touch 
liim ; but be,: nevertheless bod a pike for himself. 
Indeed, the manliness with which he avowed it, g^ve 
«n additional strength to his evidence.-*-*^ No doubt,** 
pays he, ^^ I had a pike, but I would not have r^ 
^ otaiiied anhviwr a nusmber of the Society, if I hai^ 



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47fi* .m^ ssKwx^ ffMev aar 



^« hoard.a aylkiUe, that it wiv in the GDBtttnphtitiiif 
^* ti aajr body ta emploj pikes or tnjr oilier aroK 
^^' i^gmmt the Kingdr the GtvenmmU-'Wie waoatit 
'^ .to petition Parbament, throogb the tteaos of thfc 
^' Conveistion of EdiiUmiigh, tUnkik^ that the 
^ Httoae of Comaaoiia voold liiten to dita asphssw 
^ ahar of the general senttifnilsi of thep&epie; &t 
^' it had been threwni evt^ he ^ad^ in tmTwmeaiy 
"^ thht the people (ttiLnot desire it theriMdvi^" 
. Mr* Broombead, whose evidence I hwe wirtHf 
eoitimented npon^ a aidate, .phdri^ femiUe tnao^ 
qxikealso of hia.affisetiQnto the; gonreraqnent, awl 
of tbie insults and thineaki which h^d been offered td 
the people of iSbdifieIti : he aajrs, ^' I beard of anna 
'' m theCbstie^hptt^^at it is fit 4bta ahoald be d«M 
V ttnctly explained:/ a* wicked. hadd^Ulh toprovidbe 
^ aed teiirifjr the snultstiidey had .been throita abooi 
^ the town in the;night9 which eaused agttetioa^ifi 
^* .the:cBfnds of tfa6^ people ; aod it was tbed spdceh 
^^ of^ a& being the.tight of erety iadividud^ to haaa 
f^^anvs for .deie^e; bat there was tua idea ci^er 
^started of miaifaig, .winch leaa .of aitixcking^ the 
f5 gohremmeat. I never heard of such a thjng. I 
^^ iear. God^'* aaid the. wi^ness^ }^ md honaHir the 
F< lUng ; and would not have <tonaent^d te sosd a 
^ ddc^ate to Edinburgh^ but for peapeable woA kk 
^^ galparposea.'' 

The neit eWdence, upon the aobjSet of arms, is 
wiiat is proved b^ Widdison^ to "vkiAi I l^. year 
|aqrtictil9r aiteotii^^ becauae^.-if «We.«h4.aiif re^* 



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liance upon <his testimony, it pots an end Id every, 
criminal hnputation upon Davison, thmtigh whom, 
ill the strange manner already observed upon. Hardy 
qQuId abne be crisiinated. 

This man, WiddiHon, who was both a turner 3od, 
hair^dresser, and who dressed Davison's hair, and 
wj^s his most iqtimate acquaintance, . gives you aa 
account of their most confidential conversations upon 
^e subject of <the piloss, when it is inftpossible that 
they could be. imposing upon onie another ; and he 
4^1are8j upon bis solenui oath» that Davison, with-^ 
out even the knowledge or authority of the Shefiield 
Spciety^ thinl^in^ that the isame insujts might bp 
offered to the London Societies^ wrote the letter to 
llt^^yi ^ ^^ o<<^ heady asihe mtness expressed f>t 
|n4 th^ h^, Widdiaon, made the pike-shafts, to th^ 
tiufpber ofa dozen and a half. — Davison, he.saidi 
V40thjs customer ; he told him that people beg^n t^ 
think themselves in danger, and he therefore made 
|h^;h(i941^;of the pikes for sale, to the number of 
a dozen and a half, and one likewise for himselft 
mf)^^f>fiii coneei^ipg that he offended agamst any law. 
i^ii loye the King,*' said Widdison, *^ as much a? 
^*''WJ^Wi andnall the people I associated with did 
^^'thoi^tpej Iwoidd not have stayed with thjspa 0* 
*^4h»y l»»d-:»*Pt:— rMr. Yqrke often toki me :pd- 
^* vfitjely, tbf^ he twas for universsd representation^ 
/Vand^were ^wexiU-^^HB Ditks ov RiQw^ojsxi*}^ 
**' fLAfr ng^fs mfM, oNtr qmect." Thi?. w«|jt^ 
«^lieHf i^l^j|;^8b;9!wn 4^ Pl^j^e^ ]|e^^r^.wd;%iQ^ 



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4fB hh. taSKmsV si'tecir 6yt 

to it fts Dbitig circulated, and as the very creed of the 
Societies.-^This evidence show^, beycmd all doubt^ 
the genuine sentiments of these pedpfe^ because it- 
consists of their most confidential comofufiicettont 
tirith one adothei's Snd the only ^ns^er, therefdre, 
that can possibly be given to it is^ that the witnesses^ 
who deliver it, are imposing upon the Court.— But 
this (as I have wearied you with reiterating) thef 
Crown cannot say; for, in that Case, their whole 
proof falFs to the ground together, since it is only 
from the same witnesses that tlie Very existence o^ 
these pikes and their handles comes before lis ; and/ 
if you suspect their evidence in part, for the reason* 
idready given, it must be h toto rgected. — My 
friend is so good as to furnish me with this furthef 
observation ; that Widdison said he had often heard 
those who called themselves Aristocrats say, that \( 
an invasion of the country should take place, they 
would begin with destroying their enemies at home^ 
that they might be uoanimous in the defence of tbeif 
country. 

John Hill was next called : he is a cutler, tnd wai 
employed by Davison to make the bkdes for th6 
pikes; he saw the fetter which was sent to Hardy, 
and knew that it was sent, lest there should be th* 
same call for defence in London against ilTegal at- 
tacks upon the Societies ; for that at Sheffield they 
'were daily insulted, and that the opposite party came 
to his o\^ii house, ifired muskets under the ddfor, and 
threatened to pull it down; he swears that tb^ 

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TRB TWAt, OP THOMAS HAftBY. AT^ 

were, to a man, faithful to the King, and that th« 
reform proposed was in the Commons House of Far ^^ 
Uament. 

John Edwards was called, further to connect the 
Prisoner with this combination of force ; but so far 
from establishing it, he swore, upon his cro^-ex- 
amination, that his only reason for going to Hardy's 
was, that he wanted a pike for his own defence, 
without connexion with Davison, or with Sheffield; 
and without concert or correspondence with any 
body. He had heard, he said, of the violences at 
Sheffield, and of the pikes that had been made 
there for defence ; that Hardy, on his application, 
showed him the letter which, as has appeared, he 
never showed to any other person. — ^This is the 
whole som and substance of the evidence which 
applies to the charge of pkes, after the closest invest 
tigatton, under the sanction, and by the aid of 
Parliament itself; evidence which, so far from esta-^ 
blishiijig the fact, would have been a satisiactory 
answer to almost any testimony by which such a fact 
could ha\^ been supported : for in this unparalleled 
proceeding, the Prisoner's Counsel is driven by his 
duty to dwell upon the detail of the Crown's proofs \ 
because the whole body of it is the completest 
answer to the Indictment which even a free choice 
itself could have selected. — It is further worthy of 
your attention, that, as £ir as the evidence proceeds 
from these plain, natural sources, which the Crown 
was driven to, for the necessary foundation of the 



./ I 



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480 MR* £aSKI^B S SPEECH OJT 

proceedings before you, it h^s been sii»ple,-^oftiform| 
r—natural, and consistent % and timt wbenexer a diC^ 
ferent complexion was to be given to it, it was only 
throQgb the medium of ^picfs and informers, and of 
men, independently of their infamous.trade^ of th« 
most abandoned and profligate characters. 

Before I advert to what has been sworn by this 
description of persons, I will give you a wholesome 
caution concerning them, and, having iio eloquence 
of my own to enforce it, J will give it to you in the 
language of the same gendeman .whose works wrt 
always seaspnable, when moral or political lessons am 
tp be rendered delightful, LoUk theo at;fche pietuire 
^f society, a^ Mr. Burke has drawn it,, ubder the 
dominion of spie^ and informers : I isay im(kr their 
fiomnion^ for a resort to ^ies omqe, to occasbns, be 
justifiable, and their evidence, when. confirmed, izmy 
deserve implicit credit : but I fiay uncicr tbe 4bnni^ 
vi0n of spie« and infurmera, becautie the tase of the 
Crown must stand abne :upon tbeir evidence, and 
upon their evidence, not only uncODfinhed, but in 
iiT^ct contradiction to every mtness^ noi /in imjormer 
or a $py, and in a case too where the truth, whatever 
\t is, lies within the knowledge of forty orfifty^thdu^^ 
land people. Mr. Burke says — I believe I can re*' 
momber it without reference to the book, 

*^ A mercenary informer knows no .distinotiod* 
"Undo* such a. system, the obnoxious peo^e are 
f' slaves, not only to the government, l^ut they live 
^* at the mercy of evei-y individual ; tbey .are at oace 



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THE'TRIAI. OP THOMAS HARBIT. 46 1 

^* the slaves of the whole community^ and of 
every part of it ; and the worst and most unmer* 
ciful men are those on whose goodness they most 
depend* 

** In this situation men not only shrink from the 
frowns of a stern magistrate, but are obliged to • 
^ fly from their very species. The seeds of destruc- 
^ tion are sown in civil intercourse and in social 
^ habitudfes.— The blood of wholesome kindred is 
^ infected, — The tables and beds are surrounded 
^ with stiares. All the means given by Providence 
^ to m^ke life safe and comfortable, are perverted . 
\ into instruments of terror and torment. — ^This 
' species of universal subserviency that makes ihe 
^ very servant who waits behind your chair, the ar- 

* biter of your life and fortune, has such a ten- 

^ dency to degrade and abase mankind, and to - 
^ deprive them of that assured and liberal state of 
^ mind which alone can make us what We ought to 
' be, that 1 vow to God, I would sooner bring my- 
^ self to put a man to immediate death for opinions 
^ I disliked, and so to get rid of the man and his - 
f opinions at once, than to fret him with a feverish 

* being, tainted with the jaiL distemper of a con- 
^ tagious servitude, to keep him above ground, ant 

animated mass of putrefaction, corrupted himself, 

and corrupting all about him,*' 

Gentlemen, let me bring to your recollection the 
deportment of the first of this tribe, Mr. Alexander, 
-^who could not in half an hour even tell where he 

VOL. III. I I 

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hl»d lihred, or ^irbjl be >hacJ;lef^hU.l»a$jter•--rBfBesfel|^f• 
IIU^U: hfimff tksXi be. hod. forgotten the^ oio^t r^ocmt 
tian»ctiqn3 oC bi3. life? Certjunly, orttT-bafe bis- 
history would have undone his credit, ai)dt V^^ 
tberpfoi:^. be <?opqealeA.~HQ. hade Yxy^i wthi a Upea- 
draper, wfoos^i ^dre^ vm. could scaroeljtg** feom^ 
him, apd tb^y^bad' partod bec^ise they badj wp«4» • 
-rrWbat wpre the wprds? We v«ere not Ur.be, tol^ 
tbat„ — Ue. thea weat tp a JMr^ Kcillerby% iRbo;a^eed» 
wthhim at t\wnty7five guineas, ajear^-nWhydi* 
he. not stey tberei— Ue uiaai obliged, iiiaeenasfc to 
gjv.Q up this. Iterative agreeoa^iit^ befiaii3& he WBst 
obl^ed- to attend. here, as a witiH»Sb-?t^ntleiMP, 
Me. I^illerby liyes;. only in.. Holhorni and< vm^ he 
obligedi t9g^ve«up^i{Xirmanent/ ei;)gagfimeui:witb a 
tcadcssHian. in Hol^cMrn» he^canw hetwaft<obligedt.tQ..b6 
ab^enti a^,tbe.Qld Bmkf (on fwe^ifit>uto iu one 
swgje* day^? ^ Ii asked ibim ifihe. had toW^Mr,. White* 
tWe Splic.itwJftr tbft»Tre9»ury, whQ,MiQ^i»W« notcbwe 
been, s^j.opyeli as^. tq^dep^iMe, a. mm of< hii bg«4; by 
lc«eping;< IvjQOi upci9 attendance^ w^ioh^ ni^ht twre 
been . avoided by a, partict^lar, notfee^-rThei thing 
spolw^ for itsetft^MlKiid i nevex t9l4 Mc. Wdiit© j . but 
hqdjhe exer,tQld.Mr- K^illeplDyiifQr.lww.clsfts could 
h^.,kpQw.th!9tchis.plaee* Mc^^inopnsiatent wUkJbi^.eD* 
g^n2ent.uppA.tbis«Xiiali/N;^ he<had never; tdd 
him!— How then did/he collect i tliathjs plaee^.^ias 
incondistent with, his dipl^y^hei^ei?) I^hisi questjon 
xveverreceivAd^a^y ^answer .-trYctu saw h0w.he..deal£# 
mtl^it^ and hpK.h&, stood stammeruigy notdarin|^ 



,* k • ^ - 



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JT'^A* 



thbTtr^iai* 6^ thomaVhardt. 483 

A tflf up Ills' couiilenaifice' in any direction,— cori- 
fo^lfed^y-^cfijfcbncierted , — and confounded . 
' liriveiifrdm tHe accusation upon the* subject of 
^ItJis', and eVisn from the very colour^ of accusation, 
Ad k'ndwirig tliatt' nottiiiig'was to be done witHout/ 
tiJe proof of arms, we have got this miserable, soli- 
tki-yi^riife, held up to us' a^ the engine whicH was* 
fc' dfes'troy* the* constitution' of this country ; and 
l5lK 6rbves; an Old Bailey Solicitor, employed as a 
^y upon the occasion, has been selected to give 
probability' to this moristrbus' atsiirdity, by his ri?- 
spectaW eViderice', — ^I understand that' this* samfe 
^ntleman' has' carried his system of spying to such 
fl^pitch as'to practise it since this unfortunate man 
MS 'been standing a* Prisoner b'efbre you, proffering" 
himself, as a friend^ to the committee preparing his 
defence, that he might' discover to the Crown the^ 
ihateHals by which he meant to defend his life. — I 
rf^ale'thts only from report, and I hope in God I am 
misfaketi; for' human nature^ starts biack appalled 
frb'm such' atrocity, ahd'shrintis and trembles at the 
very statement' of it. — tiiit as to the perjury of this 
rhiscreanf^ it will appear palpable teyond all ques- 
tion, and "he shalf answer for it in du^ season • He 
tells you h'ea^iehil^ af 'Chalk ^arm ; and t(iat there, 
fAVsobtb", ambngl^i ato'ut seven or eight thousaitid 
people,' he sawWbor t^ree piersoriswith knives:— 
he mightf, I ' shoiifd think, have seen' miainy more, 
as'bardly any maJi' goes wittiout a knife of sdtne sort 
itfln»Vockef.-^He"' asked, hbweVef/ it 'seems,' wlie?b 

12 2 

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484 MR. £BSKIN£*S SPEECH OUT 

they got these knives^ and was directed to Greep, ft 
hair-dresser, who deals besides in cutlery ; and ac-- 
cordingly this notable Mr. Groves went (as he told 
us) to Green's^ and asked to purchase a knife; when 
Green in answer to hitn said, *' Speak low^ for my 
^' wife is a damnM Aristocrat." — This answer was 
sworn to by the wretch, to give you the idea that 
Green, who had the knives to sell, was coDSciou& 
that he kept them for an illegal and wicked purpose, 
and that they were not to be sold in public. — ^The 
door, he says, being a-jar, the man desired him to 
speak low, from whence he would have you under- 
stand that it was because this aristocratic wife was 
within hearing. — ^This, Gentlemen, is the testimony 
of Groves, and Green himsdf is called as the next 
witness ; and called by whom ? Not by me— I 
know nothing of him, he is the Crown's own wit- 
ness. — He is called to confirm Groves's evidence; but 
not being a spy, he declared solemnly upon his oatlx, 
and 1 can confirm liis evidence by several respectable 
people, that the knives in question lie constantly, 
and lay then, in his open shop-window, in what is 
called the show-glass, where cutlers, like other 
tradesmen, expose their ware to public view ; and 
that the knives differ in nothing from others pub- 
licly sold in the Strand, and every other street in 
London ; — that he bespoke them from a rider, who 
came round for orders, in. the usual way ; that he 
sold only fourteen in all, and that they were made 
tip in little packets, one of which Mr. Hardy had. 



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THB TRIAL OF THOMAS HARDY, 485 

who was to choose one for himself, but four more 
were found in his possession, because he was arrested 

'before Green had an opportunity of sending for them. 
Gentlemen, I think the pikes and knives are now 

*conipletely disposed of; but something was. said also 
about guns; let us, therefore, see wh^t that amounts 
to. — ;It appears that Mr. Hardy was applied to by 
Samuel Williams, a gun-engraver, who was not 

; even a member of any Society, and who asked him 

JiIF he knevv any body who wanted a gun — Hardy said 
he did npt^ and undoubtedly upon the Crown's own 
showing, it must be taken for granted that if at that 
time he had been alcquainted with any plan of arni- 

^ing; he would have given a different answer, and 

'would have jumped at the offer ; — about a fortnight 
afterwards, however (Hardy in the interval having 
becbnie acquainted with Franklow), Williams called 
to buy a pair of shoes, and then Hardy, recollecting 
his former application^ referred him to Franklow, 
who had in the most public maniier raised the forty 

*nieh, who were called the Loyal Lambeth Associa- 
tion :-^so that, in order to give this transaction any 

* bearing upon the^ charge, it became necessary to 
consider Franklow's Association as an armed con- 
spiracy against the Government ; — thougK the forty 
people whp composed it were collected by public ad- 
vertisement ; — though they were enrolled under 
public articles ; — and though Franklow himself, aa 
appears from the evidence, attended publicly at the 
Globe Tavern in his uniform, whilst the cartoucU^ 

.11 g 

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boxes aiid the. other accputj^njj^nts rf?f ^hjfgp.sj^ 
^qnspirators Ipy publicly upon ^his ^?h^.lK>,wi> .Sf- 
posed tp the open view of all hi^s cu,s^too\erp ^fij^ 
neighbours, ,This story, ther^f^r^^ is.not lf|gs^n* 
t^mptible than .that whjch ypu ^n\\^^t bay^ 9^1 \)!^^ 
_<jpncernipg.Mr. Walker, whpjp I wfr^ .t^ d^f^^^^t 
I^TK^^ter, where that resjpfc^b^^ sentietnfn nm 
brought to trial upon such a triimppd^p ,cji^^ 
supported by thp solitary eyicjencp of oije Dun^, a 
• most infamous witness: but wl^atw^s the ,fSQ^ ^f 
that proseciitiop ?:t-I recpUect it to the liiQnqilr f^ 
.my .friend, Mr. Law ♦, who con^ucte^ it jfor t|^ 
Crow;i, who, knowjag^ that there r^rj; P^JTS^R^ 
whose passiojis w^rie ^tated upon these 8ubn(Bct|^ at 
that .mqmejit, and tbci^t xp^y persons l)^d fiMc!i]f^ 
themselves i^ ^soci^ties to re^i^st conspjracjf^s 9S!ttf ^ 
the goyerpment^ behayed in a i^no^t manly and hcf* 
nourable manner, in a manner, indeed, which the 
public ought to kpow, and which I hope it Q^vfr 
y/Wl forgjet: he would not evfn put jne jipfn jmy 
challenges to such, perspnS| bfit ;withdrew them froca 
the pannel ; and \yhen he saw the comBlexion of the 
^fFair, from the coxitradiction of ttje infampus wif* 
njBSS whose testimony supported it, hefconpij^ly 
gave up Uie cai^se. 

Gpntlem|sn, the evidence of Lynam dpes v^pt re- 
quire the same contradiction which fejl upon Mr. 
Groves, becs^uSjp it destroys itself by its own intrinsic 
ioconsistency ;t-I could not, indeed^ if it were to 
. * S^ow lx)rd liUeabqroyigh, .. ^ 



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sa^e'tmylil^ lindertaice to ^iaste }tt6.^(»r.^It hsted^ 
I Itriliky^bdilt six or sevcfn hout^; l)at I have mfarki^ 
tuidet dJflferedt parts of it, passages ^6 grifesly coit-i 
twftJictdfy, fttklter so impossiWe, so inconaitlertt wrtii 
kttf tddffee of cbnthict^ Itiat rt wlH be sufficient td 
brtrig theSe parts to ybcrr views, t6 destroy iBl tM 
tM^. But let us iTh;t exUniine in Mat marintr thfsi 
Otatliefi, SQch ias it rrs^ wbs recorded;-^Efe pkrfessed 
tb speak JiaWi ftotesy yet I Observed him fre^teiitly 
lddk%g 6[) t6 the Gdlil^' ^viiilst he was spi^akhi]^ r-^ 
^hienlis^ft to hiisiv lArt you nbw ispeadcifng from 9 
«6t©? llAW j^ba gbt «ny tiifte of wh^ you ire iwwt 
tl6yi1l^^i^ jr»i&v#ief(gd^ Oh no, this is from redbdtebi 
^n^^Q^ilod God Alnttghty ! rediiiectioii iahmjg it) 
self with notes in a case of high tr^ssson r-^He diS 
ftbf l^fte" tklii down the woras^-^nay, to db the linan 
jttstiicej tie did ftot even affect to harve taken thft 
tW)rA^i btft otily the fidbtdhee^ bs he himSsfelf feki 
pi-^sfed ii^(3 jgxestLEifrT ft^ittfcAcifc l^THfe ^tf» 

i'tm^ 0> WOimS TAlllEN B^VA iy A fe>t, AN» 

€isfA.iMt^y WHEN iy:fi^tcTiVE, »^ fit's ikm6nt\ 
Sttt I fiiUstn^ot calbhim'a spy; for H fe^ms hfe t6eik 
itert *iW;:;^rf^^6 a Dsl*g$tei dwd yet bom jed^ ^ 
ijW InJbtftfe? ;^iJw^h^t i toppy eeyrrtbihatibn of fidelity'! 
favtiifal to seirv^, md faithftil to betrdy l-^orr^ct 
•to record' far VHe boslness of the Society, anil 
<jorredt td dissolve and to punish it !— What aft^ 
•all do the notes amount to? t will advert to thfe 
parts I alluded to^-they were^ it seemsj to ^o tb 
» J*rith Stf^eC, to sign the Beclaration of ttfc 

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Friends of the Liberty of the Press, ' which lay there 
already signed by between twenty and thirty Meta-r 
l^rs of the House of Commons, and many other 
respectable and opulent men, and then they wa^ 
to begin ctvil confusion, and thie King's head and 
Mr. Pitt's were to be placed on Temple Bar.— Im-» 
mediately after which we. find them resolving unat 
iiimously to thank Mr. Wharton for his apejoch to 
support the glorious Resolution of l668> which 
supports the very throne that; was to be destroyed I 
which same speech, they were to circulate iii thou** 
sands for the use of the Societies througboot th^ 
kingdom. rr-Such incoherent, impos^ble^mattilr, pro* 
ceeding from such a source, is unworthy of all 
further concern. 

Thus driven out of every thing which relates to 
arms, and from every other matter which can pos- 
sibly attach upon life, they have recoorsci to an eic* 
pedjent, which, I declare, filjs my mind with horror 
mid terror:, it is this — ^The Corresponding Sodety 
had (you recollect), two years before, sent Dele* 
;^at#s to Scotland, with speqific instructioiis, peaceably 
io parsue a Parliamentary Reform ; — 'When the Gon«^ 
ventioq which they were sent to was dispersed, th^ 
sent no others-p— for they were arrested when only 
considering of the propriety of another Convention. 
It happened that Mr. Hardy was the Secretary 
during the period of these Scotch proceedings, and 
, the letters consequently written by hira, during that 
period, were all official letters from a large bpdy. 



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circiimt^d by him in 'point of form.' Whin thft 
proposition took place for calii ng a second ^onveHw 
tion, Mr. Hardy continued to be iSecretary, ^wid; ift 
that character, signed the circular letter l«ad in the 
evidence for the Crown, u^hich appears to hdve found 
its way, in the course of circulation, into Scot^ 
XANJ). This single cireuilistance has been admitted 
as the foundation of receiving in evidence ag^nst the 
Prisoner, a long transactidn inriputed t^ one W^ 
at Edinburgh, whose very existence wa$ unknoiwti 
to Hardy.-***This Watt had been ^nployed by Gofc. 
vernment as a spy, but at last caught a Tatlobc 
in his spysbip ; for, in endeavouring to .mge io^u 
jnocent men to- a project, which never entered inta 
jtheir imaginations, he was obliged to show himself 
ready to do what be recommended tp others; and 
,tbe tables being turned upon him, he was hangsfed 
by his employers; — ^This man Watt read from a paper 
designs to be accomplished, but whidi he ne^ 
intended ta attempt, and the success of which h|^ 
knew to be visicmary. — ^To suppose that Great Bfi- 
tain could have been. destroyed by such a rebel afii 
•Watt, woald.be, as Dr. Johnson says, to iexpect thitt 
,a great city might be drowned by the overflowing df 
its ketonels. — But whatever might be the peril of 
.Watt's conspiracy, what had Hi^rdy to do with it? 
The people with Watt were five or six pereoni^ 
wholly unknown to Hardy, and not meimbers of any 
Society of which Mr, Hardy Was a member ; : I vow 
to God^ therefore, that I cannot npress what I ft^]. 



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<irtienl^v) ohljg^ to sttrte the eridbnoe by winch 
iie SB ^\jff^ to be afittcted.^-<^A ktter, viz. the 
mr0^ letter signed by Hsrdy £or vd^g shcAitet 
GomtiMAmi, is shown to Qotsrge Rmt^ vAto %aj^ 
ftie reottired it from t>ne Stocky v^ho bel6n|B^ to a 
&Martyr which met in Nicholson StUeefc^ in fidtdt* 
Imrgh; and thftt be 86irt it to Feiih^ BfrathaTen, 
Jttaiey, and other ptaeea in Scotland .1 ]^nd tfafe 
jm^ smcoonected evidemze lof this ipoblb lett^ 
iindif^ its way intD Scotland^ cb wiade th^ ibutdks- 
4i^li of luting in the whole eVidenoe> lihicfa faabigeii 
■Waff, against Hardy, who never knew him. *^Oo^ 
Jirtimincot hanged its own spy in Scotis^ t^xm thst 
tflridetoce^ and it niky be stiiBci^nt evidence for th^ 
'ImrpQSet I wUl <K>t at^oe the case of a dead man^ 
inad, above aU^ ofsuchamai); but I will say, tiiat 
ftoomuch. money was spent upon thie performance^ 
-M 1 tinnk it co6t Government abocrt fifty thaasand 
•poondsi— -M^Ewen say^, that Watt read from a 
^per to a committee of six or. sevea pbople^ of 
-wbachhe^ the witness, was a nvember^ that gen- 
rtietndcT) j-estdingMn . the coUntry,<.Svere hdt to leave 
.4fasir babkationSj under pain of deaths that an at- 
'.taek.was to be made in the manner you remember, 
';iand tdaat the Lord Justice Clerk, and the Judges, 
iw^ene to be cut off by these men in buckrairi ; anti 
.then: ajn Address Was to* h6 sent to the King, de* 
\airin^ hinl.to dismiss htsr Mrm^ters and to put an 
•vMid : to the war, or that he might dxpeet bad consc^ 

,l|iCaCfiSU WttfT IS ALL. 'SHlt .%0 MtL ^A9iyx,l 



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THE TRIIlL pr jr^OMAH nJ^T^ <4£^ 

Ho,w 4S it ppssi]]^!^ tp jaffect jH,w wi|b my^fxlof 
Xh\^} ^ear jthe seqtjel,.,an4 th^n jxkdg/^ fivjWI> 
selves,— rMr. M^att said (i. e, t^e piasi JWhp .^S 
b?nged^ sji(l), after reading tfej^ pgper, tb^ ,he. 
Watt, washed to cprBesppfid m\h IVtr. y^f^y in f 
^fe mapner; — so that becnj)^^^ Pix^n ^d f ^cppi^ 
dfiel, whpm I never saw pr h^r^ ,Qf, .ch003% ft . tfcp 
di^tencp of fou.r hundred jnjlqs^ tp .83y» ^b^ hp 
wishes tq correspond ivjth ^e, I ifffi Uf }p^ ifityplye^ jpi 
the guilt of his ;actions I U h no)^ pfX)y^d^ rPF ift- 
sinuated, that'Mr, .Har<?y pvor .»Ay^ or* hfiv4 Pft «!' 
kn^w^ that ?uph meij w^jp^ Jr >einf «$ .^j^ qr 
Downie:— npr, 13 it p/pyed, or .ftssprJtedi thftt |^ 
letter was,, in . factj^ written Ijy .pith^r <>f tbpn^ (p 
Hardy^ or tp anjr pther p^raQ?|.rn?ilio^ph letter k^ 
been found in hjs possf ssipn, npr q trace pf anj f^p^ 
nexion. betweea them and apy piejhber pf iiny Jp)|9g« 
lish Society:— the truth I b^Ueve i3^ tb^t notbi^ 
was intended by Wa^t but tp ^ptirfljp otheni tp <)ji>» 
tain a r^y^ard for hims^f, uT^d h^ has been Qmply m4 - 
justly rewardfd. Gentl^jjieq, I desire tp be i^ndin* 
stood tp l^e nuking np ^itt^cks jipon Qoverpi^nyJ; 
~-][ h^ve wished^ thrpqgboqt the whole c^M«ft 
' that good intentipp^s may be impu^e<^ to it, but | really 
conibss;^ that it i;equ}r<cs som? ingenuity for Qovfrn* 
ment to acco^nt fpr th^ prigin^l pxistcinc^ of all tbis 
history, and its si]bse(|ue(nt9{))>licatioq to th^ present 
trial. They went dawn tp Scptlwd, ^ftey tb^ ♦rr^t pf 
the Prisoners, in order?, \ s^pposi^, tba^t i»e n^igbt be 
taught th^ law 9fJ[i5gh tr^gpn by tbfi |-pp^ JiW- 



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AQ2 '■ MR. ERSKINE*S SPEECH OW 

tice Qerk of Edinburgh, and that there should be a 
^ort of rehearsal to teach the people of England 
to adAiinister English laws ; for, after all this ex- 
pense and preparation, no man was put upon his 
trial, nor even arraigned under the special commis- 
sion in Scotland, but tnese two men ; ,'one for read- 
ing this paper, and* the other for ni3t dissenting 
from li when it was' read ; and, witli regard to this 
last unfcrftunate person, the Crown \tbought it in- 
decehfc, ife it ! would indeed haye been ipdecent and 
scandalcras, to execute the -law upon him; as a gen- 
tleman upon his Jury said, he would die rather than 
convict Downie without a recommendation of mercy, 
and* he was only brought over to join in the 
verdict,' under the idea that he \)v'6uld not be exe- 
coted, and, accordingly, he has not suffered execu- 
^ibn. If Downie, then, was an object of mercy, 
cOr rather of justice, though he was in the very room 
•with Watt, and heard distinctly the pi-oposition, upon 
vrhat possible • ground can they demand the life of 
the Prisoner at the'bar, on account of a connexion 
'With thie very same individual, Mowg"A he never 
- corresponded with' him, nor saw him^ nor heqrd of him^ 
'•z — to whose'veYy being he tvas^ an utter 'stranger ? 
"" Ger^tlemen, it • is impossible for' ihe to know 
*what* impression this' observation makes upon you, 
or upon the* Court; but I declare T am deeply irri- 
'pressed with the application of it. — How is a man 
'to defend himself against sticfi implications of guilt ? 
-—Which of us- all would be safe, standing at the 



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bar of God or i^an/ if he were .even to answer for 
all his own expressions^ v^ithout taking upon him 
the criniesor rashnesses of others? This poor man 
I^s, indeed, none of his own to answer for; yet 
how can he stand safely in judgment before you, if, 
in a. season of alarm and agitation, with the whole 
pressure of Government upon him, your minds are' 
to be distracted with criminating materials brought 
from so many quarters, and of an extent which 
mocks all power of discrimination? — I am con- 
scious that I have not adverted to the thousandth part 
of them ; yet I am sinking under fatigue and 
weakness. — i am at this moment scarcely able to 
stand up whilst I am speaking to. you, deprived as I 
have been, for nights together, of every thing that 
deserves the name of rest, repose, or comfort. — I 
therefore hasten, whilst yet I may be able, to remind 
you on^e again of the great principle into which all I 
have been saying resolves itself. 

Gentlemen, my whole argument then amounts to 
no more than this, that before the crime of com- 
passing THE king's death cau be found tt/ you, the 
Jury^ whose province it is to judge of its exist- 
ence, it must be believed by you to have existed in 
point of fact. — Before you can adjudge a fact, you 
must believe it — not suspect it— or imagine it, or fancy 
it,-^BUT BELIEVE IT ; — and it is impossible to im- 
press the human mind with such a reasonable and 
certain belief, as is necessary to be impressed, be-t 
fpre a Christian man can adjudge his neighbour to 



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40* Mm Btt<MlA»tf«loi^dir 

ttoaimllert pem»ty, HMcbi \^ W^ tife ^^ dl< 

deatfa, witliotie bating' lAieh evidi^tide ai^ a i^asMttttbllii^ 

ntnd wiUt accept of, 2ft' the itifttiiblcrteW <jrtrtit!)f. 

And wiint i8> that eMicteti^ ?-^N^tlliiP mdrfftkit l^Sf^ 

tlian that \c4)ioh th^ cditiititlitioii h^ ^ilaMisftiea ih> 

this Gourtfa} for th&£^eWl'adbAln^]Mk>)f cflT josffieb; 

namdyv that the evideiMie dOltVitfMlsF th^Ju^, b^hcf • 

aHreasotiatile d6ubt,.tHat th^ <»]rtiitri«lf>^e»tfk'(^9 can'^' 

stttuting:!the orime^ exirt^ in the mind of tbe matt* 

iipoR trials and wbs* tbd lilain spring^ of his con«' 

Aicti The. rule$>of dvidetiois; as they arc sidtlldel hf 

liWji aad' adapted in ita^gMeitil adkiihlstratioti; axb^ 

not tb beover-ruIM'or tliinpered' \rtth.^^=^^iey are' 

ftanded' in' thecbaritied' df reli^on^^in Ui^'pKiki^' 

at^by- of ilatnre^A the thithsofhtstory^ and in the* 

^perieilceof confmonf life;- afcd whoever vetltuw** 

itshly todepart from thtrii,tlel HJni retoembetthatit' 

tliU b^ rtictedi to hirm id th^ satni^' meteure; at^d' 

that both God and maWvi^U judge' him accordfngly^. 

-*-T*i«e arefargultie«»^addrti*feedU ytfnrrttScfe$ 

and conaciennea^ nbt tivbe' shakjen' iti upright liiinds^ 

by.' any preekdent^- fat no p^ecfeddits can sahctifyr 

injustice ';-*tf they co^ldj etei^y hunian right' would 

lohg,ago-have beeh ektinct upon the earth,-^If the' 

State Trialf in>bbd timfes are to be searched f6f prfe- 

oedents; ivhat murders may you not comrtit ;— -* 

what^IaW' of humanity may you not trample upon; 

•^whab* nule^ of justice may you not violate ; — ^and 

wfait nmichn of >Vlfee* policy may you not abrogate and 

Mnfaand^?j If ipreeedents- iii- bad titneij are td beJ 



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ifnf>licftiy followed, wiiy Aboklt we^ have hestrd aiiy* 
evidence at all I IGom might have cotnvict^t wkHeat 
atiy evidence^ for imo}t> have beenso-oonviietlMii MMt 
in dlU rnannen tmudored, eyien^ by« actd« of' P&rUa^^ ' 
menbL If preeedents^ iw bad: timcB* are; td^ be^ ftj^ 
lowed, why should the Lords* and^ GommotiS- hami 
iavttitigaldd. these oharges^ and the > Grown have put 
tbem into this: course of judicial trial? sirtoe, 
without sr^ch^ a^ trials and even ailer an ^ acquittal 
upon one, they- might have attainted' ail'the Prtson- 
efsbyaot of I:^rliament);->-*they did so In tlte*case' 
bftLord Straffi>rd. — ^There are preced^nt^^ therefore; 
fepall sncb thttDg9<;«'^^t such precedents a^ could^ 
not for » moment sqrvive the times^of tnadneds and- 
distraction, whi«h>gaflre them l^rth^. but which, a9 
soon 'as ttte spurs of the occasions wefe bknted, were' 
repealed, and esoecratederen by Parliaments/ whieh> 
lifltle as^ Lmay^ think oP the present, ought not: to* be" 
cei«if)^rod' witb'it : Parliaments sitting Mn th^^tiarlc* 
nes^^of fdrmer tvmes^-^n the night of ■ ffeed<>m,-- • 
b^fore^ the princifd^'Of government were derelopedj 
and : before the^<x)nstitutiQ» became fixed. — ^The'list-' 
oii these pKeo^dents, and all the proceedings upo» 
itj we»e ordered' to be. taken off the file and burnt, 
m the«int<ent* that tfa^ same might'no longer.be vi^ 
6i)>te in after-ages ; an' o4*der dictated, .no doubt; by' 
a-plous.^enderness-for national honour, and meant as^ 
a^chari table covering' for the crimes of our fdthers.*— - 
Bi>t it' was « sin aga^inst posterity; it was a treason* 
agaiinst'sociely, — for,^ instead x>f commanding iHem^to' 



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b^ burnt^ tbey should, rather have direcCed them ta 
be bla^onjsd in large letters upon the walls of our 
0>urts of Justice, that, like the characters decyphered 
by the prophet of God, to the Eastern tyrant, they 
might enlarge and blacken in your sights^ to terrify 
you from acts of injustice. 

. In times, when the whole habitable earth is in a 
state of phange and fluctuation, — when deserts are 
starting up into civilized empires around you,— and 
when men, no longer slaves to the prejudices of par- 
ticular countries, much less to the abuses of particu^ 
lar governments, enlist themselves, like the citi2»ns 
of an enlightened world, into whatever communities 
their civil liberties may be best protected ; it never 
can be for the advantage of this oouqtry to prove^ 
that the strict, unextended letter of her bws, is no 
security to its inhabitants. — On the contrary, when 
so dangerous a lure is ev^ery where holding out to 
emigration, it will be found to be the wisest policy 
of Great Britain to set up her happy constitution,— 
the strict letter of her guardian laws, and the proud 
condition of equal freedom, which her highest and 
her lowest subjects ought alike to enjoy ; — it will 
be her wisest policy to set up these first of humaa 
blessings against those charms of change and novelty 
which the varying condition of the world is hourly 
displaying, and which may deeply affect the popular 
tion and prosperity of our country. — In times, when 
the subordination to authority is said to be every 
\i^here but too little felt^ it will be^ found to be tb« 



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TUT TtKlMt OF TKOVAS HAtBT. glQ? 

Wfieit policy 'of Great Britatti, jto t05til tnlo .thergo;^ 
iremed an almoet superaiittous reverence for tbe^bt 
cectidry of the Jffws^; which, irom their equality ot 
pwcifiie^ be^no jealoojiies or discontent ;'~iirhictH 
Jban their, ecfiial adminiKtrationt can seldom wotiL 
jofttstice ^ and which/ from the reverence g^ov&ir^ 
"oilt iof th^fiiildtiesfl and antiquity, acquire aiatability 
th.thejiabtts.afid.afiections cf men, far beyond the 
Anice of civil^obligation :^»->lsrbereas severe penalties^ 
ividarbitiiafy^donf tractions of laws intended for se- 
"CaHtyif)]ay? doid fbtlndatbos of alienation from every 
i{biBai[ii||(i>V6rnmeAi, and. have been the causi of all 
^e^aiainki^ltbat faavexrodie^ and are coming upon 
.iheieaJth. ^ . : ; . 

-ciiEreritlefnen^ niiat we read of in books makesbota 
Ibkit^ Smpirtis^on upon us, compared to what we see 
^piMtingf under our eyes in! the living world. — ^I re^ 
ttflemhte the people of another country, in like man- 
fljer^ ocHitending for a renov^rtion of their constitution, 
-genn^imes illegally and turbulently, but still devoted 
toatihonest-end^-^Iiiny self saw the people of Bra^ 
4»Mt M GOntendtt^ for the ancient constitotion of 
itikk igood Dttki'of Bpfgafl<t> ;— how was this people 
lAr^Cty }-^All;'who were otily contending fdr thcTu^ 
'«p)(rn' rights land privileges' were supposed to be of 
libifirrt^ dii^^ctH td the' Emperor :— Ihey were 
4tiaiided'dv<r t6M(irts const! ttited for the emergency, 
:p- this isv' tod the E^pefbr marched \u^ army 
\htt^htik' G6tmlry till all wiis pfeace ;-^bi^t such 
}pnci B^xh^te^lk to Vesuvius, or JEtnft^ tfie very rnd- 

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'fiient' before they vqidH forth their lavs^ and rcff 
:their conflagrations ova- the devoted habitaUoos of 
•Siankind : — when the French approached, the &tai 
.dffects were suddenly seen of a government of oon^ 
JStraint and ternor ;-r--^be vreH^afTected were dispirited^ 
;and the dtsafiected mflamed into fury .^-^ At that moi- 
fnent the Arphduchefs fled from Brussels, and the 
^Dbke of :SaxeTTeschen was sent express to of&r 
J;hcJOlfe^seentTh'So ItMJrg -petitioned for in vain : bat 
the season of! eoniession was'pnt;^^— the stbns 
blew froni every qnafter, and the throne of Bis^ 
>bant departed for ever from the Houseof fitn^gimdji 
^G^ntlemen, I venture to afimn, that, wiilh odiir 
councils^ this fatal prelude to the last revolotien in 
fthat country, might have been^averted; If the Em- 
peror bad been advised to make' the iconcesaonadf 
justice arid afFection td: his people, they would havf 
risen in a mass to maintain their 'prince*a atithoritjt, 
4nterv70ven with their own libartaes ) and the Frenbbi 
fthe gianLs of modern times, would, like the: giants 
of imtiqiii ty , have been: trampled in tbe mire of tfadr 
^own ambition. : In the> $aa)i( maimer a>fw moil^ 
-splendid, and important crQwn;pes>ed hstiyitiom flis 
l^^^je9t]r*s illustrious \>t($w9 :— xh£ /i^fe^&UJU tabwbr 
ioFAMBRicA.r-The, people of that eoontry; .|te>4 Jkf 
a Iong^,se£^on, contencled as subjects^^qfteowitfi 
,irr(9golarity attrfUarbuledce,. for ivfhat they vftlfc to, J* 
their rights: and,* Q fiteptlQman! that t^e ixispriflf 
:tihA imf<iortal'eloc|U£jiu;e! pf | that .mao^^ wklQs^. fiameli 
.bave^«);Qftsntn}!EfBft.ia»ed,Jia4 theo JjQPft. heard wiljf 

X X .III .a\: V 

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THff' fRI&I. 09 TlI02i£iLS' HAIOIY. 40^ 

dfeet !<*^what was his kriguage to this country whea 
$he sought to lay burdens on America^-~not to sup- 
poi^t the dignity of the Crown, or for the increase of 
natibnal revenue, but to raise a fund for the purpose 
of corruption ;^-'a fund for maintaining those tribes 
of. hireling skipjacks, which Mr. Tooke so welt 
contrasted with the hereditary nobility of Englami t . 
<»^Though America would not bear this imposition; 
the would have borne any useful or constitutional 
burden to support the parent state,— ** For that ser- 
'* vice, for all service,'V said Mr. Burke, " whether 
^^ of revenue, trade, or empire, my trust is in her 
•* interest in the British constitution. My hold of 
^^.thecdoniesisin the close affection which grows 
Y from comikion names, from kindred blood, from 
^similar privileges, and equal protection. These 
** are ties which, though light as air, are as strong 
5^ as links of iron. , Let the colcmies always keep the 
" idea. of their civil rights associated with your go- 
^^ vernment, they will cling and grapple to you, and 
*^ no force under heaven will be of power to tear 
^^ them from their allegiance. But let it be once 
*^ understood, that your government may be one 
." thing, and their privileges another; that these two 
f things may ;exist without any mutual relation; 
5^ the cement is gone ; the cohesipn is looseaed ; 
5^ and every thing hastens to decay and dissolution, 
** As long as you have the wisdom to keep the so- 
*^ vereign authority of this country as the sanctuary 
f^ Qf^liberty^ the sacred temple consecrated to our 

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fOp^ . MB. XISKIKB^S WR8GB OIV ^ 

¥ commte faith, wherever th^ chosen rade and 806» 
<^ of Englanci worship freedom, thfey tvUI t6rn theif! 
^ fiieea tioward iyon. The itiare they muUtplj, thcf 
*^ mpreTriends you wHI hareptbeihoveaitkntly thef 
^* love libert)'»the more perfect, will- be-their obedience* 
^< Slavery they can have any where. It is a. weed 
*^ that grows in every nil. They ma;^ have it froa» 
*' Spain, they may haveiti&om Pruanal But until* 
** you become lo^t to all feeling of your true interest 
'^ and your natural dignity ^ freeddm ;they- can have 
^ from none bat you. This is the commodity of 
*^ price, of which you have the nsonopoly. This is 
^^ the true act of navigation,, whidi binds to you the 
^' commerce of the colonies,, and. through them le« 
^* cures to you the wealth of the world; Is it not 
^ the same virtue which does every thing for us here 
**^ in England ? Do you in^agine tlten, that it is 
'* the land-tax act which raises your revenue? that 
** it is the annual vote in the Committee of Supply, 
*^ which gives ypu your army? or that it is theMu- 
^^ tiny Bill which inspires it with bravery and disci- 
^* pline ? No ! surely no I It is the love of the people; 
'^ it is their attachment to their government, from 
^^ the sense of, the deep stake they have in such a 
*' glorious institution, which gives you your army 
'^ and your' navy, and infuses into both that Hberal 
^' obedience, without which your army would be a 
.«< base rabble^ and your navy nothing but rotten 
^' timber." 

Gentlemen, to conclude— My fervent w»b ii^ that 



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*e ins^jr not cbnji#6itp a spirit to destroy oiinielvea^ 
nor ^get the example he^ of what in another country' 
\iPe deplo#e.f-4iet • us t^herish the old tmd venerable 
k>V^of our forefathers.— -Let our judicial admintstra^' 
tion be sti^tct and pure ; and let the Jiiry of the land' 
lirteserve the life of a fellow-subject, who only asks it' 
frbtfi th^m upon the alme terms under which they* 
h<ri<i tftiiir own Uv^s, and all that is dear to them and' 
th^r "posterity f6i*eV^K—»-Let me repeal the wish' 
with wl^ich r began '^y address io you, and whiclr 
proceeds from the very bottom of my heart ;-^may 
It please God, who is the Author of all mercies to 
mankind, whose providence, I am persuaded, guidear 
afnd superintiends the transactions of the world, ana 
whose guardian spirit has for ever hovered over this 
|3^osperous island, to' direct and fortify your judg« 
ments. I am aware I • have not acquitted myself to 
the unfortunate man, who has put his trust in me^ 
in the manner I could have wished; — yet I am un* 
^ble to proceed any further ; exhausted in spirit md 
in strength, but confident in the expectation of jus^ 
tice.— Xhere is pne thin^ more, however, that (if I 
can) I must state to you, namely, that I will show, 
by as many witne^ses^ ^s it may be found necessary 
or convenient for you to he^r uppi} the ^pbject, thai 
the views of the Societies w^e what. I have alleged 
them Jo be;:-^that whatever irre^gjul^rities or indis-* 
cretiqns they might have CQptmitted, tbeii* purposed 
wejpe honest ; — and that Mr. Hardy *s, above all other 
meo^ can be established to have been so, I have* 



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SfifSb ,lfE« EBSKIKB t fr?B9QH OIF 

indeed, an Honourable Gentleman (Mr. Francis * V 
ip my eye, at this moment, to^be.caUed her^fter as^ 
a witness, who being desirous in hteu .place,: as a 
qiember of Parliament, to.^romote an inqaiiy into 
the seditious practices complained of, Mr. Hardy 
offered himself voluntarily to come forward, proffered 
a sight of all the papers, which were afterwards 
seized in bis custody, and tendered every possiUe 
assistance to give satisfaction to the law^ of bis coon*' 
try, if found to be offended. I will show Kkewise 
his character to be religious,, tf^mperate, humane, 
9nd moderate, and his uniform conduct aH that can 
belong to a good subject, and an honest man.--^ 
When you have heard this evidence, it will, beyond 
all doubt, confirm you in coming to the conclusion 
which, at such great length (for which I entreat your 
pardon)^ I have been endeavouring to support. 



So strongly prepossessed were the moTtStude in 
favour of the innocence of the Prisoner, that when 
Mr. Erskine had finiBhed his speech, an irresistible 
acclamation pervaded the Court, and to an immense 
distance round. The streets were seemingly filled, 
with the whole of the inhabitants of London, and 
the passages were so thronged that it was impossible 
for the Judges to get to their carriages. Mr. 
Erskjne went out and addressed the multitude, de* 

♦ Now Sir Philip Ftapcis^K^B, , . . . 



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ITHB TRIAL OF THOMAS HARBV. 503 

siring them to confide in the justice of the country ; 
reminding them that the only security of English, 
men was under the inestimable laws of England, and 
that any attempt to overawe or bias them, would not 
only be an* affront to public justice, but would en^ 
danger the lives of the accused. He then besought 
them to retire, and in a few minutes there wag 
scarcely a person to be seen near the Court. No 
spectacle could be more interesting and affecting.-~ 
We cannot help being of opinion, that it is the 
wisest policy upon all occasions to cultivate au4 en- 
courage this enthusiasm of Englishmen for the pro* 
lection of the law : it binds them to the state and 
government of their country, and is a greater security 
against revolution than any restraints that the wisdom 
id mao can impose. 

*The result of this memorable trial is well known. 
After hearing the evidence for the Prisoner, which 
was summed up in a most able and eloquent speech, 
by Sir Vicary Gibbs ; and after a reply of great force 
and ability by the present Lord Redesdale, then So- 
licitor General, and the Charge of Lord Chief Justice 
Eyre, who presided in this Special Commission, the 
Jury returned a verdict of NOT GUILTY. 



SJMP OF TH£ THIRD VOLUME. 






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