Persecution : the case of Charles Pigott, contained in the defence he had prepared, and which would have been delivered by him on his trial, if the grand jury had not thrown out the bill preferred against him

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i

—^ — m9i2

PERSECUTION.

THE

C A S E

O F

CHARLES P I G TT:

C ONTAINED IN THB

DEFENCE

HE HAD PREPARED,

AND WHICH^|{pULD HAVE BEEN
DELIVERED BY HIM ON HIS TRIAL,

IF THE

GRAND JURY

HAD NOT THROWN OUT THE BILL PREFERRED
AGAINST HIM.

By CHARLES PIGOTT,

Author of Stri6kures on the New Political Tenets of Edmund
Burke, Treachery no Crime, and other well known po-
pular Publications,

We've neither fafety* unity, nor peace.
For the foundation's loft of cpmioon good;
Juftice is lame as well as blind amongft u«:
The laws, (corrupted to their ends that make 'en,)
Serve but for inftruments, of fome new tyranny.
That every day ftarts up t* «nflave us deeper.

OTWAY.

■ I ggggBggaaejgg

LONDON:

yRINTBB FOR B» I, BATOK, NO. 74, MBWGATE-STRBBTt
MDqCXCUl.

J) A

PREFACE.

/pvURING the period of our hiftory,
-*^ when a Stuart reigned in England ;
when a JefFeries prefided in the court of
King's Bench, the fource of juftice was
polluted. Judges were venal, and Juries
corrupt. Virtue and Crime were con-
founded; or rather Virtue was profcribed
and puniflied ; Crime rewarded and tri-
umphant, A pander ennobled by the
title of Duke of Buckingham, was the
favourite minifter of the prince. Jeffe-
ries, whofe very name is fynonymous
with opprefTion and cruelty, was the
protefted Judge, under whofe fentence
and authority, a SIDNEY and a RUS-
SELL died on the fcaffold.

I remember while a boy, to have read
in a manufcript belonging to my father,
that one of his anceftors in the reign of
^harles IL had been committed to a

dun-

#

.( iO

dungeon, upon the charge of having
uttered feditious words, but that the
grand jury on the bill being preferred,
had thrown it out ; when he was advifed
by his friends to inftitute a procefs
againft the magiftrate who had thus wan-
tonly and arbitrarily committed him.

He judged proper however previoufly
to confult with a counfel learned in the
law, who over-ruled the opinion of his
friends ; the experienced counfel recom-
mending that it would be more prudent
to reft contented with the firft lofs ; " as
^' the magiftrate would be protefled, and
^' hisjwy would be packed J'

I think it prudent to profit by the ex-
ample pf my relation. It made a ftrong
impreflion on my mind at the inftant I
read it^, and although from the infre-
fluency of criminal profecutions in thefe
days, the temper^ moderation^ and LOY-
ALTY of our Judges, the lenity of their
^eijtences^ and the Jpecial care, with

which

( V )

"v^hich fpecial juries are now felefted,
there cannot be perceived the mod dif-
tant analogy between the prefent and
that barbarous perfecutingage; yet from
the above circumftance, I have ever held
jfacked juries in fo much dread, that I
deem it more wife and fafe to remain as
I am, after all the hardfhips I have un-
dergone, than fubmit to the lea/t poJfibU
chance of falling under thd fangs of a
bicLJfed ^UDGE, and a packed Jury.

I am no ftranger to the cttndour and
unwarped integrity which now character-
ize the Bench ; neverthelefs, when I re-
colleft that the magiftrate who committed
me, declared, (on Mr. Hod^fon wifhing
to read a cafe in point as to the illegality
©f our commitment) ; '* that his mind was
"*' already made up on the bufinefs; legal
" or illegal, he was ready to take all ref-
*' ponfibility on himfelf, and that to pri-
" fon he would remand us^ unlefs we
*' could find fureties in the fum re-
^' quired :" recoUefting this declaration,
from a fage and venerable magiftrate, I

muft

( " )

muft acknowledge myfelf rather an
ALARMIST, and I prefer making this
public appeal to the tribunal of my
country at large, than to run the rifijue
of incurring frelh expence, by fubmit-
ting my cafe to the glorious uncertainty
of legal decifion.

To the juftice of the grand jury who
pejeCled the bill againft me, I am bound
to offer my fincere acknowledgments^
and it is to them and to my countrymen
in general, that I oflfer the following De-
fence, which I had prepared and fhould
have delivered, had not the impartiality
of the grand jury prevented me from
being brought to trial.

I truft that on its perufal, they will be
ftill more fatisfied with their conduft in
refped to myfelf, and if fo happy as to
gain the verdift of my Fellow Citizens,
I (hall be perfeftly indifferent as to the
fentiments, which either K-ngs, P — c-s,
©r Nobles may entertain concerning me*

CHARLES PIGOTT.

DEFENCE.

Gentlemen of the jury,

THE experience that I have had of Englifh
law, and o£^nglifh lawyers ; dreading their
ruinous expence, and having never in my life
confulted tzoo legal charaSers ort any one legal
point, that I did not find a difference of opinion
between them ; thus knowing the glorious un-
certainty of this intricate profeffion, and con-
fcious that truth and innocence have no need of
legal cafuiftry or chicanery to fupport them, I
have refolved to forego thofe advantages that fuch
unworthy refources might afford, and which I
might alfo derive from the ingenuity a'nd talents of
thofe more in the habit of public fpeaking than
myfclf; but although ignorant of law, and wholly
unpraftifed in the meretricious arts of elocution,
thank Heaven! I am perfeftly acquainted with

C * 3

equity and rights and it is on thofe pure, honed
principles, that I venture to ftand forth my own
advocate, againft this vindiftive and infamous
profecution.

It would appear from the late extraordinary and
defperate meafures that we have witneffed in this
country, as if the old fyftem of Vcrfailles was en-
grafted on the political fyftem of Britam.
«

It was the barbarous ciiftom in France under
her ancient defpotifm, to difpenfe even with the
forms of j uftice and humanity. Scarce a night then
paffed in that long and forely opprefTed nation, that
citizens were not dragged from their homes and
tomured in dungeons, where perhaps they were
never after heard of, prejudged and precondemn-
ed, in virtue oflettres de cachet j which the proflf-
gate hardened minions of a court had the power,
and were always prepared to iffue, for the gratifi-
cation of their private paflions, for their own con-
venience and fafety, or to indulge the caprice and
revenge of their proftitutes and parafites.

It muft be admitted that inftruments of tyranny
ftrongly refembling thefe iHtres de cachet, are now
in frequent ufe amongft us, and, in my opinion,
confirmed by the firft authorities, nothing can more

full/

[ 3 ]

foUy evince the weaknefs as well as wickednefs of
a government, than fuch fufpicious and rigorous
proceedings. Sufpicion and rigour are the true cri-
terion of weak and tyrannical governments.

To iliuftrate this comparifon :-r-

In virtue of an information, ex officio^ filed by
the Attorney General, an Englifliman may be fur-
prifed at midnight in his bed, dragged from a dif-
trafted famiJy, and caft into the moft loathfome
prifon, under pretence of having written or pub-
lifhed a libel ! evea before the laws had pro-
nounced that the publication was a libel y and
what renders this perfecution ten thpufand times
piore heinous and oppreflive;, i3,-r-that fuppofing
him to be afterwards tried and acquittted by
a jury of his country, and his innocence to appear
manifeft ; ftill he has no remedy or redrefs what-
ever againft this falfe, arbitrary, and nefarious iniT
prifonment.

Mr. Hodgfon and I may juftly complain of
treatment ftill more barbarous, at the fame time
that it has not even a fhadow of law to fupport it.
We were dragged at a very early hour in the even-
ing, before the watch was Jet ^ from a coff'ee-houfe
to a horrid cell, on the information of a publican,

B 2 J^^

[ 4 J

fof words faid to have pqffed hettoeen my friend and
inyfclf, in his houfe in breach of the peace, although
there be no law in exiftencc that authorizes fucfi
conftruftion upon words ; and when the peace
had been bond fide molt flagrantly violated by thefe
INFORMERS therafelves, in affaulting us at the
table where we were feated ; but notwithftanding
the outrage undeniably originated with them, the,
conftable to whom this publican gave us in charge^
refufs^d to take thefe ruffians into cuftody on our
charge, legally and repeatedly prefented ♦. In this

cell,

♦ However difficult it may generally be to bring lawyers
to an agreement on any particular cafe, yet, on the illega-
lity of our firft commitment, I believe they are perfeftly
unanimous in opinion. Had any of the company overheard
Words pa (ling between Dr. Hodgfon and myfelf, that he
conceived feditious ortreaf^inable, he was at liberty to have
gone before a magiftrate, delivered his information, and to
have procured a warrant for apprehending us. This would
have given fome colour of regularitv to the proceeding; but
for a conftable to drag two men to a dungeon on the oral
evidence of a publican for words pretended by him to have
been fpoken, and for a magiftrate thence to ground his autho-
rity for holding thofe men to bail in a thoufand pounds, wai
a ftretch of power direftly contrary to law, and for which
1 am aflured from the moft refpeftable authorities, there is
not a (ingle precedent in exiftence. But what is law, what
are juftice and humanity, when the objeft is to punif^ and
opprefs two individuals, whofe political fentiments are

con-

[53

cell, the ordinary receptacle of theworftdcfcription
of felons, we were confined the whole oight, cut
off from all communication with our acquaintance,
refufed candle, fire, or bed, the damp ftones our
only retting place, the rain poi.ring down upon
us through the broken cafements, not even iO'
dulged with a chair, and expofed to the groffeft
infults and indignities of brutes, whofe trade ii
cruelty, and who bore nothing human about them
except the form. The reafon affigned by one of
thefe favages, for exercifing this tyranny was,
^«^ that we were TOM PAINE's Men, and rebels;
«* that he had been told we were GENTLEMEN,
** but it was a lie, we were d— d BLACK-
•« GUARD RASCALS, and that if we %vould
** give him ten guineas, he would fee us blajlei^
** before he would grant us any indulgence what*
4' ever.*'

Such was the approved and merciful treatment
we experienced in this free and civilized country,
under pretexts, I vill venture to declare, as fal-
lacious and abfurd, as they were unjuft, malicious^
and oppreffive.

I will now recapitulate t\ie fa^s which led to

conddered as cbnoxious to the prcfcnt perfidious, corrupt,
and murderous fyftem ?

this

[63

this profecution, and I fliall offer fuch obferva-
tions on thofe fafts, as are connefted with them.

On the 30th of September laft, Mr. Hodgfon
and I, after having dined convivially together, went
to the London Coffee-houfe ; where we indulged
in that opennefs and freedom of difcourfe natural
to perfons, who harbour no criminal or fecret in-
tentions, little fufpeQing that we were furrounded
by wretches, who could be bafe enough, to liften
to converfatibn which paffed at another table, with
a defign afterwards to bring it forward, as a mat-
ter of criminal profecution.

We called for the newfpapers, and commented
on the different paragraphs as they were read. It
has been alledged that we read and talked aloud.
Why {hould we not do fof Since men, uncon-i
fcious of evil, arc naturally urifufpicious, and our
converfation was continued, till interrupted by
one of the witneffes, (White Newman the Pickle-
man) who running from a diftant part of the room,
loudly vociferating, '' the KING, the KING,
** the KING," violently aflailed the table at which
we were feated, and prefenting his fift to Mr.
Hodgfon's face in a threatening attitude, would
probably haye ftruck him, had it not beep for the
firm and refolute manner, in which the latter e.^r
pneiTed his determination to defend himfelf.

Imul|t

C 7 ]

I mull obfervc, that when this valiant' hero fir&
laid fiegc to our table, he was gallantly followed
up by a rear-'guard^ confifting of eight or ten
companions, almoji as loyal and courageous as him-,
felf, who both by their words and geftures> did
their utmoft to provoke and exafperate two men,
evidently affefted by liquor, when the temper ii
confequently more irritable than in moments of
cooler refleftion ; but although thus violently and
wantonly attacked, under circumftances, when the
words of men are apt to make little imprejion,
and when certainly, they ought to excite no re-
fentmenty not one witnefs has ventured even to
infinuate, that our difcourfe was direfted to any
of them ; therefore we could not poffibly be ihz
aggreflbrs.

In the heat of our difpute. Leach, the matter of
the coffee-houfc made his firft public appearance,
for till that moment he had been unperceived by
cither of us, when he direftly fent for and gave U8
in charge to a conftablc, who with i\xax Jlridi
impartiality, which now marks the condu£l of all
our civil officers, from the higheft to the loweft,
laid violent hands on lClr..Hodgfon and myfelf, at
the fame time that he refufed to take charge of
thefe informers, by whoni vjc bad been really in-

fultcd

C 8 ]

ftilted^ although, as I have already remarked, fre-
quently urged by us fo to do.

I fliall not dwell on the foul treachery of this
publican, in giving information againft us, for
words faid to have been fpokcn in his coffee^houfe,
whiU he was receiving our money, and at a mo-
ment, when he himfelf aHows, we were both heated
by liquor. Your own feelings will be our bed
advocate againil fuch bafenefs in a man, to whofe
protefiion as our hoji, we had peculiar claims, but
who inftead of afting accordingly, inftead of ci-
villy requefting us uot to talk fo loud, left it
might difturb the company, lays afide the funftions
of a landlord, to take up the infamy of a SPY
and INFORMER ; malicioufly attends to words,
uttered, even by his own account^ Vhen we muft
be neceffarily off our guard, and when, if he had
poffeffcd one grain of humanity in his difpofition,
or if he had not had an intereft in his officiouf-
nefs, muft have felt it his indifpenfible duty, pre-
vioufly to have warned us that our language was
X loud and offenfive, and mildly to have remonftrat-
rd againft any thing that appeared improper in our
behaviour. Such conduft on his part, would have
evinced candour, moderation, and propriety, nor
could it have failed to produce the dcfired effeS ;
but inftead of a6ling thus candidly, thus confift-

ently

c 9 i

Ctttly A\ith his ftation, what part does this man take?
Why; he fufFers us, fluflied as he lells you with
wine, to give full fcope to our career, fwears to
particular toafts which were drank, and then brings
them forward as matter of criminal accufatioti
againft us, THUS CONVERTING HIS COF-
FEE-HOUSE INTO AN INQUISITION,
HIMSELF THE GRAND INQUISITOR.
How far fuch toafts, or indeed any other eonverfa-
lion from perfons in the condition he has defcribed
us to have been, could have a criminal or perni*
clous tendency, or how far it is thence to be fup-.
pofed, we had premeditated that they Ihould have
it, it is your province to decide,

Thefe was a time when SPIES and INFORM^
ERS were held infamous in England, and when
an honeft government difdained to employ fuch
vile inttruments of treachery and defpotifm. There
was a time when a publican afting as this man has
done, would have been ruined in his trade, that
his houfe would have become a defert, that no one
would have confidercd himfelf fafe therein ; but
the times are fadly .changed in this country;—*
there now exifts an affociation under the immedi-
ate fanClion and influence of government, com-
pofcd entirely of its creatures^ formed for the ex-
prefs purpofe of encouraging and rewarding thefe

C mifcrcanti ;

mifcreants; thefe pefts of fociety, who annoy us
in every quarter, v.ho ufurp .a controul over our
very amufetnents and converfations, however in-
nocent or rational they may be, who debauch the
fidelity of our fervants, and prying into the inmoft
fccrets and aftions of families and of individuals,
ftriking at every thing moft dear in fociety, at the
expence of honefty, good faith, hofpitality, and
domeftic quiet, are only anxious by falfe alarms
and affefled apprehenfions, to difplay their venal
and malignant zeal, as the fureft means of attraft-
ing the notice, and fecuring the rewards of Mr.
P — t's adminiftration.

On this fubjeQ:, I cannot apply language better
adapted to its illuftration, than by referring to opi-i
nions as I once heard them delivered at a popular
fociety, by a learned and eloquent gentleman, who
certainly holds the moft diftinguiflied rank at the
Englifh bar.

Mr. Erfldne obferved, that 'Miberty of thought
«* and fpeech firft produced the conftitution which
** England boafts of; — that liberty of thought and
. ** fpeech is as neceffary to preferve, as it was to
<* form that conftitution. While fuch a hoft of
^^-men," (alluding to thofe affociations and their
runners,) ** are combined to overwhelm the un-

" happy

t " 3

** hapj^ man who may venture to utter a fcnti-
** ment which a weak or biaffed underftanding may
" torture into a feditious meaning, hberty of
«' thought, Kberty of fpeech, liberty of publica-
** tion, which may be juftly called the palladium
•« (tf Britifh liberty, cannot exift. Of courfe,
** fuch an arbitrary jurifdiftion goes immediately
*^ to the annihilation of that form of government,
*' which they profefs themfelves affociated to fup-
*' port, and Ihould be oppofed by every welU
«' wither to it.'*

He further obferved, " that if the right of ac^
** cufation was affumed by uninjured individuals,
*' or by voluntary, unauthorized, and undefined
** aflbciations of men, the.prime bleffing of focial
*' union, fearlefs tranquility of life, could never
*' be enjoyed ; — the fources of juftice would be
" no longer pure, nor the^dminiftration of it im-
** partial, while it might fo happfen, that members
** of a grand or petty jury, might be members of
•' fuch aflbciations ; whereby men who had fet
*' themfelves up as licenfers of political fentiments
^^ and publications; as tribunals that are to deter-
** mine in the firft inftance what Ihall be deemed
'' fedition, aftually become in fuch cafes, both ac-
*^ cufers and judges.'*

C 2 Let

[ 1« ]

Let us deprecate fuch barbarous encroachment
en our deareft rights.

1 fhall «ot argue on the irregularity, inconfift^
€ncy, or illegality of the whole courfe of proceed-
ings againft us, but I will undertake to prove on
the folid ground of truth andjuftice, beyond a
poffibility of refutation, that there is not a fingle
charge ftated in the indiftment, of which confift-
cnt with the leaft regard for thofe facred princi-
pies, you can convift me.

When we were led out from our dungeon to
be examined before Mr. Anderfon at Guildhall,
Leach the matter of the cofFee^houfe /wore that
on the preceding evening at his houfe we had
talked very loud; that we had drank certain toafts,
which in the indiftment are wifelyy mercifully^ and
truly ftated, to be feditious, traitorous, malicious,
and to have been drunk with an intent to alienate
the affefiions of his Majefty's hege fubjefts, and

to excite rebellion in this country. jfu/i, wife^

and merciful conftruftion. Thefe toafts were firft,
the French Republic, which by the bye is a non-
entity, fince to this very hour, the French repub-
Jic is npt acknowledged by the Britifh government,
.and how far Britifh laws are competent to inflift
jMinifliyflent upon perfons for drinking a non-en-.

C 13 3

tity, is another problem which it would not be very
difficuh for you, Gentlemen of the Jury to refolve;
but I difdain to avail myfelf of fuch quibbles ; I
leave thofe pitiful manoeuvres to others, whofe
trade it is to praftife them ; I (land on higher
ground. It is from the lofty eminence of Truth
and Juftice, that I look to you for acquittal.

A fecond toaft, fworn^ by this witnefs to have
been drunk by us, was " an overthrow to the dif-*-
fercnt governments in Europe/* and he obferved,
that there were others of an equally ferious and trc-
iBendous import, for which I make no doubt, in
the opinion of Meff. Leach, Reeves, Hawkfbury,
White Newman, and Pitt, not forgetting the wor-
thy Mr. White, folicitor to the Treafury, the
guillotine would be a very inadequate punifti-
ment*

In regard, however, to our having drunk an
overthrow to the different goverments of Europe,
chere can be nothing fo very criminal in that toaft,
astojuftify you-in giving a verdift, which might
xieprive a fellow citizen of his liberty, and expofe
him to thofe other gentle penalties of fine and piU
lory, poffibly banilhment, fo congenial ^with the
prefent temper of our legal tribunals; becaufe
^re is no one in the leaft acquainted with the di£,

fcrent

I u 3

fcrent governments of Europe, who will be hardy
enough to difpute, that far the greater majority of
them are rank defpotifms.

Suppofing, however, what it is impoffible for ra-
tional unbiaffed men lo fuppofe, that thefe toafts
were really as criminal and dangerous, and as
wickedly premeditated, as the jealoufy or ma-
lice of our pcrfecuting profecutors would wifh you
to believe ; yet, it fo happens that I never drank
them ; for, on crofs examining Mr. Leach, he
Avas forced to confefs, that he did not hear me drink
thefe toajls^ although, in the firft inftance, he had
haftily fworn that we (meaning Mr. Hodgfon and
myfelf had drunk them). After this extreme im-
prudence on his part, I will not give it a harfher
name,you cannot think any very confiderable (hare
of credit due to this witnefs, whatever zeal or loy-
alty he may have difplayed in this truly honourable
fervice of his truly honourable employers.

It is yoiir duty. Gentlemen, (I am fure you will
not ncgleft it) to prcfervc this faft in your me-
mory : He confeffes •^ that he did not hear me
"drink thefe toafts,'' and he is right in his recol-
leftion, for I certainly did not drink them. There
was no occafion for rendering myfelf fo very con-
fpicuous in a public coffee houfe by fo doing; and

of

C 15 1

of this I was fenfible at the time; for, although
perhaps flurried by having drunk a glafs of wine
more than ufual, confequently in fome degree ofF
my guard, yet I was by no means intoxicated.
But if this terrible charge of drinking thefe toafts
did reft upon me, as it is clear, by this man's 7y-
colleHed evidence, it does not, where would be
the harm of it ? Nor can you fix any criminality
on Mr. Hodgfon, fuppofing him to have drunk
them. ' Does it follow becaufe he fhould drink the
French Republic, and an overthrow to the differ-
ent defpotifms throughout Europe, that he harbours
treafon in his breaft againft the government of
England ? It would be the moft cruel refinement
of malice and tyranny, thus to torture a man's
thoughts and words.

The fecond informer (I beg the gentleman's
pardon) the fecond RESPECTABLE witnefs in
this profecution is Mr. White Newman, the pic-
kle merchant of Newgate-ftreet, a very loyal citi-
zen. He alfo accufes us of having talked very
loud, which is a very heinous offence, and cer-
tainly tends very much to confirm the charge of
fedition and treafon againft us, although till now,
the charafteriftics of fedition and treafon were fup-
pofed to be myttery and. concealment, rather than
that unreferve and freedom, with which we are

acknow-

' C i« 3

acknowledged to have communicated our OpU

nions*

This patriot citizen, in perfect unifon with his
friend Leach, likewife fwore to our having drunk
the French Republic, when this paragon of loy-
alty tells you, '* that he could endure it no longer ;
** that his gall over-flowed ; that he ftarted up,
" and, like an excellent fubjeS, drank aloud,
•* the King and Royal Family ; and that his example
•' was immediately followed by every perfon ia
** the room, our rebellious felves excepted.**

It is not to be imagined that fuch exalted loy-i
ally, in this liberal, renumerating age, will pafs
unrewarded ; nor muft I negleO: to thank this
political pickle merchant for his candour t owards
me^ fince he alfo, on my crofs examining him be-
fore the magiftrate, was forced to confcfs, that he
did not hear me drink thefe wicked and treafonable
toafts ; but ftill there is one negative accufation,
that, in his zeal, he would fain fix on me in
common with my friend. When this LOYAL
WIGHT firft befieged the table where we were
feated, he would have forced us to drink the King
and Royal Family. Now, I mod al^iiredly did
not feel difpofed to fubmit to fuch compulfory
V menaces ; but it never can be conftrued as an

impeach-

C 17 ]

ifrtj>eadiment of my loyalty, that 1 fhoulct refufd
to drink any toaft when thus irregularly and
Compulforily adminifteiied by an utter Itranger,
however readily I might otherwife have accepted
it, had this PICKLED ARISTOCRATE
judged proper to iife fomewhat lefs of his acid in
the mode of enforcing It. So much for Mr. White
Newman of Newgate^ftreet, and for his terrible
incendiary toafts*

But I would propbfe one queftion concerning
thefe toafts to your moft deliberate and impartial
confideration :

Can yoil really, ort your oaths. In your con-
fciences believe, that toafts, or words, pa fling
aloud between two friends in a public coffee-
houfe, at a table where they were feated by them^
felves, are capable of the horrible conflruQion
imputed to them in the indiOment ; or that they
ought to be cognizable by the other perfons in the
room, to not one of v/hom they were addreflcdin any
fenfe whatever ? Till now,' "it had been fuppofed,
that the table or box in a Coffee room, was as facred
and inviolable as a private room^ nay, eyen as our
own houfe. Is it not then cruel to the laft de-
gree, that becaufe two perfons, in the heat and
violence of argument, fhould talk aloudj which is

D o£

I >8 3

of itfelf an inconteftible proof that they meditatfed
no harm; is it not, I fay, a moft dangerous
offence againft fociety, that, under the circum-
fiances which have been defcribed, their words
ihoiild be perverted and tortured ? — that the falfeft,
moft malicious interpretation fhould be forced
iipon them, and that they fhould be plunged into
dungeons, put to every poflible expence, and
brought heire as criminals for trial, for having in-
dulged the deareft and moft unqueftionable prero-
gative of the human mind,---the privilege of giv-
ing free utterance to their thoughts ? If the facred
flame of liberty, juftice, and humanity, hp not
quite extinQ: in your breafts, you will fpurn with
indignation ?Lt the tyranny which, in this inftance,
has been committed againft us. The fpirit of our
Conftitution breathes ,no fuch tyranny. In the
laft will and teftament of its immortal founder,
Alfred, the moft righteous and benevolent Prince
that ever fwayed the Britifh fceptre, he bequeath-
ed the following fentipientj as the beft and deareft .
legacy to his pofterity, " THAT THE ENG-
'^ LISH PEOPI^E SHOULD BE EVER
^' FREE AS THEIR OWN THOUGHTS.''

;^ jM'4&1 iiow barbaroufly has this ineftimable le-^
§acy been ravifhed from us !

Another

I '9 J

Another witnefs is a Mr. Thomas Griffith
Vaughan, formerly I believe in the linen trade at
Briftol, and if rumour is to be credited, better
known than trufted in that city ; the connections
of this gentleman are very extenfive, perhaps, not
quite inofFenfive, for it has been faid, they have
been injurious to fome, and amongft other perfons^
that one of the worthy (herifFs for this city has
fiifFered from ihem. His fpirit however in com-
ing forward a volunteer in this juft, humane, and
honourable profecution, fo congenial with the
nature of thofe in whofe patriotic fervice he has
enlifted, cannot fail to repair his finances, and to
raife him to a fituation, adapted to his merit and
talents, to the bent of his genius, and to the con-
venience of his pocket. The ebullitions of Mr.
Vaughan* s loyalty are fo effervefcent, that he dif-
dains all thofe minor virtues which have hitherto
been deemed effential to the happifiefs, and in
fome refpefts, to the very exiftence of fociety.
He candidly ftated, (let us hope fuch virtue will
ere long find its due reward,) that he feated him-
felf at a table adjoining that where we were feated,
for the exprefs purpofe of particularly attending
to our converfation ; and that he was even careful
to dijlinguijh our voices^ th^t he might be hereafter
e^aft in the information, which he then meditated
^gainft us.

D 2 Ob f

[ «0 ]

Oh! how happy muft a government be, how*
confcious of integrity, how firm in confidence^
how fecure from danger, that adopts fach noble
i.ngenuou3 means, and which can boaft fuch vigi-,
lant active volunteers, to ftart forward on every
occafion, to bring LEVELLERS and REPUB-
LICANS to condign punilhment.

The word REPUBLICAN, I am well aware
has a harfh and odious (bund ; but as it is poffible^
through miftake, that unfavourable fentimcnts may
have been conceived againft me, under the idea of
xny being infe6led with republican principles, I
fliall take thelibcrty to explain the true genuine
fignification of the word REPUBLICAN. It is
a compound word de-rived from the Latin fubftan-
live and adjective, HES, and PUBLICA, which
fignify the PUBLIC THING or PUBLIC
GOOD, and they who confult or a£l for this
PUBLIC GOOD, rather than from motives of
partial or private intereft, are thence ftiled RE-
PUBLICANS. I know fuch practice is not the
fafhion of our profecutors ; all their views center
in themfelves ; nevtrthelefs, agreeably with the
pure derivation of the word which I have faith-
fully explained, and which the learned Judge muft
admit is exact, I am proud to avow myfelf a
REPUBLICAN ; but is it thence to be inferred

ithat

[ " }

th&t I am an enemy to this conftkation^ th^ moft
valuable branch of which is REPUBLICAN?

No gentlemen, were my fentiments hoftile to
the true interefts and conftitution of this (Country,
I (hould be, what thank God! I am not, a friend
to Mr. P — t, whom I confider as tl\e bittereft and
moft inveterate enemy of both ; having contrived
during the black period of his adminiftration,
entireiy to deftroy the 'national character; to bring
the very exiftence of our conftitution into immi-
nent danger ; to have fo mutilated and deformed
it, that it is no more like its original felf, than I
lo Hercules, or he to his father. ** Gens antiqua,
^* quam difpari gubernaris domino.*'* Oh antient
vand once revered nation, how changed, how de-
graded are thy minifters! how fallen art thoa
irom thy glorious ftate ! how degenerately funk
ieneath thy native dignity of character ! Where
now is that boafted honour, thofe manly virtues
ihat diftinguiQied thee from thy neighbours? Where
jlhat cauidour, that facred love of juftice, which
liailed thee umpire of the world ? And what haft
ihou received in exchange ? Bribery, corruption
|)erfidy and murdejrlt Sjich, Britain! are thy cha-

ra£lerifti(c

* Cicerp.

> Breft, Dunkirk, La Vendee, Lyons, Marfeilles,

TOULON^ &c. &c.

" Anglia vicifti, profafo turpitcr aiwo,

*« Armis pauca, dolo plurima, jure nihih"

r 22 3

rafteriftic marks; by thefe features, now know
thyfein Curfed be the apoftate wretch that brought

fuch infamy on my country — curfed be but

where am I tranfported by the warmth of my
heart ? My love to Britain is the only apology for
this digreiSo«.

— ^To return to Mr. Vaughan.

Agreeably with the literal conftruQion

which has been given of the word republican, I
am ready to grant, that Mr. Vau^an is not of
that defcription; nor could he have afforded a
more decifive proof of his not being fo,, than by
the charaSer in which he has appeared againft Mr.
Hodgibn and myfelf; but at all events, he has
proved himfelf pre-eminently qualified, to Ihine
9s a diftinguifhed c^ritament of that honourable and
BELOVED Society, which was laft year eftablifh-
ed, (or the fuppreffion of thefe Levellers and Re^
^^licansi — in other words; — lor the encourage- '
ment of {pies «nd informers, for the fecuiity and
pFefervation of exorbitant finecures, ufclefs ruirt-i
cus places, and unmerited penfions, extorted frorti
the fweat of induftry and labour; the indepenicrtH
yjefident* of that Ibciety^ being perhaps more than

• Mr. Ji^ — ^rcau

9Skf

C 23 ]

any other perfon inter efted in their fecurity and
prefervation, owing to the immenfe emolumcnis
he hiihfelf derives from them.

This fagacious witnefs Mr. Vaughan, as well as
the gentlemen who preceded hitfl, alfo acutely ob-
ferves, *' that we read the papers aloud;*' and he
further remarks, '* that there feemed a difference
" of opinion between us, fo as to create an argu-
" ment, in which we were extremely noify, and
" appeared difpofed to quarrel with each other, but
*« that after fome difcourfe which paffed between
<* us in French, -or fome other language, that he
«' modejlly profeffes not to underftand, thig feeming:
** difference, calculated for the purpofe of attach-
*f ing the company to our doarine, very much in
** favour of republicanifm, then fubfided/*

It is fair however, that I fhould afk this fearch-
ing obferver, on what authority he prefumes to
put his own conftruSion on words, fpoken in a
language, of which, all learned as he is, he con»-
feffes himfelf utterly ignorant; qv what right he
can poflibly have to indulge his fancy, in imputing
to mcfecret motives^ direftly oppofite to my overt
conduB? But a jury of honeft Englifhmen will
fcout the unlawful idea of being governed by m-
dividual conjeBure, in oppofition to pofiiive faB,

although

[ H 1

although if be the conjefture, eVcn of Tuch st
piercing inquifitor into the arcana of die human
mind, as this omnifcient informer. You will judge
independently for yourfelves, nor fufFer the impu-
dent, ignorant, tortured conftruQiicm of a man
like this, to influence your verdift.

But hear what follows*

He obferved before the roagi&iaibe, ** that we ^
*« ridiculed the exifting governments of Europe;"
(alas! the far greater majority of them, as I have
already remarked, are fubjefts rather of detefta-
tion than ridicule,) nor is there one of them ; no,
not even this boafted government itfelf, that is not
over-*run by abufes, and although I am apt to en^
tertain no very exalted opinion of the humanity
of lawyers, yet I am not fo uncandid as to believe,
that if the learned Judge ; — if Lord K— y — nhimfelf
had witneffcd thofe horrors which I daily witneffed,
during three weeks confinement in that receptacle
of mifery, to which Mr.Anderfonjin violation of all
juftice, dared to commit me ; had even his Lord-
Ihip beheld the number of naked, famifhed, and
difeafed wretches, night after night plunged into
the dungeons of that prifon, dragged from the
ftreets of this opulent luxurious city, M'ithout a

hut

[ H ]

hut to afford therp flielter, food to appeafe their
hunger, or tendernefs or charity to vifit their
difeafes ; — had he beheld the hundreds of felons
weekly brought there, loaded with irons, chained
down like wild beafts together; — had he borne
witnefs to all thefe complicated horrors, and num-
berlefs others, that it would fill the largeft folio to
enumerate, I will do him the juftice to believe, that
we fhould have gained another convert to the caufe
of humanity, and that he himfelf would acknow-
ledge, that laws which generate fuch enormities
arc not entitled to the lawyers panegyric. Let us
therefore hope, it is ignorance of the faft, rather
than want of fenflbility, that allows fuch horrors to
exift, without an effort to deftroy their fource.
If by a progreffion of thought, it were poflible to
conceive that through fome extraordinary revolu-
tion of events, the venerable Judge fhould hereafter
become an inmate of thofe walls^ he might thea
feel the horrors above defcribed, in ihe acute fenfct
that I have felt them. It is perfonal experience
in thefe Cafes, that of all other leffons, tends the
molt to excite convi6lion, and to bring home truth
to the breaft of man *.

Gendemen, the confiftent Mr. Vaugban like-
wife obferved, " although we ridiculed the exifl-

E " ing

* The gaoler of the Giltfpur-compter ha* no falary, therefore
3shis ftipcud folely depends on the f2Csof*prifoners pf every

dcf.

C 26 ]

*' ing governments of Europe, yet that on certairi
** points I difagreed with my friend, and that 1
** particularly expreffed a preference for the a£lual
" government of England, with it$ manifold abufes,
*^ to the prefent anarchy of France."

1 certainly did exprefs and might poffibly feel that
preference, becaufe I am naturally an ardent lover
of peace and order, and cannot behold without grief
and indignation, thofe feeds of rebellion, ruin, and
bloodfhed, which the Northern defpots of Europe,
by every unwarrantable means, have fcattered
through the moft fertile and beautiful country of
the earth, on principles, hoftile to the rights of*,
nations, an eternal fource of war and havock, and
fatal to freedom, jullice, and humanity; but in
(declaring my hatred of anarchy and rebellion, 1
will never be Tuch a traitor to the feelings of my
foul to' deny; no; I will boldly declare in the
prefence of my country, that my fervent wifhes
fhall be daily offered up for the fuccefs and final
cftablifhment of the FRENCH REPUBLIC 5
from a perfeft conviftipn, that the future peace,
happinefs, and liberties of mankind, depend on
that event; that the fate of remoteft generations

is

defcription, committed to his cuflody, it is not to bp fup-
pofcd that his convent wiU ever be without plenty of previa
Jion \ and it is a melancholy c on fi deration, that the fubfift-
ence of the oflicers of police in general ihould be made to
depend on the vices of iociety.

C »7 J

is involved therein, and that the world will never
enjoy a ftate of tranquillity until that republic b^
acknowledged throughout the iarth. My convic-
tion is founded in reafon and reflexion, and to.
fuppofe that the enthufiafm of liberty, glowing in
the breaift of volunteers and freemen, can be con-
quered by mercenary battalions of northern Serfs,
would be a folecifm, without authority qr argument
to fupport it. Should however, contrary to every
calculation of reafon or probability, the reverfe
happen, let any fenfible impartial man ta^e a fur-
vey of the barracks and murderous Baftilles now
erefting by command of government, in every
capital town and county of this kingdom ; let him
confider the late arbitrary and vindiSive profe-
cutions, thp abortion of jealoufy, cowardic?, and
revenge, that will fix an everlafting ftigma on
the prefent adminiftration. Let him refleft on
the unprecedented outrages which have been com-
mitted againft the liberty of the prefs ; — nay, even
againft the freedom of fpeech, of which I myfelf
am a much injured example ; — let him deliberate
on thefe ill-boding omens, together with the vaft^ :^
encreafe of power lately added to the Crown, a^ndfe ..^
he will not be at a lofs to anticipate the fate pre-
pared for England, fhould France be conquered.

Gentlemen, unconfcious of guilt, I have not

feared to exprefs the effufions of my heart before

E 2 you;

[ 28 ]

yon; >vhy fhould I have been afraid to exprefs
them in the London Coffte-houfe ? And are you
authorized to confider me a traitor to my coun*
try, for having fpoken the words ye have juft
heard, far more pointed againft the unhappy and
violent prejudices of the times, than any pretended
to have been uttered at the above coffee-houfe ?
Donotyournewfpapers, however cramped they may
be, ftill continue to hold forth fimilar language ?
Yet, daring as minifters have lately been, they have
not hitherto dared intirely to deftroy thofe vehicles
of public information, however foon, if their career
be not interrupted, fuch an attempt may be made.

If my mind be fo organized, as to think, that the
prefent fyftem is/fanguinary, perfidious, unprinci-
pled, and corrupt ; I may, (although I cannot
think it) be miftaken, but it is impoffible you can
pronounce me guilty ;. becaufe a perfon's thoughts
are involuntary, no ways depending on himfelf.
If, however, words, flowing from the conviftion
:of my underftanding, and from the philanthropy
of my heart, are to be thus tortured; — if an im-
port that words themfelves will not admit of, is to
h^ forced upon them^ for the purpofe of perfecut-
ing individuals, or of glutting revenge ; — if men
muft either fubmit to be gagged, or othcrwife be the
hypocrite^, to declare approbation of meafures,

which

r«9 ]

which they, in their fouls condemn ;-^if the liberty
pfthc body, be thus made to depend on the Jlavery
of tht mind, all I can fay is, that it is time for every
Engliftiman, a lover of liberty, to explore a more
fecure afylum ;— even France, furrounded hy fo^
reign enemies, and harraffed by civil traitors ; roy*
alty, nobility, hierarchy, and every privileged or-
der combined againft her ; — anarchy, hateful as it
is, would perhaps feem preferable to a govern-
ment which is allowed to ufurp fuch lawlefs con-
troul, jvithout murmur or complaint, '' malo peri^
^* cuiQjam lihertatem^ quam quietum fervitium.**

Mr. Vaughan, however, agreed, that I cxprefled
a preference for our prefent government. I have
explained to you the principles on which that pre-
ference was founded.

This witnefs alfo agrees, that when Mr. Hodg-
fon fpoke of the bad private charafter of the Duke
of Yorlc, afferting " that he refpefted no man, how-
'* ever pxaUed by rank, unlefs dignified by virtue,"
I protefted againfl: that opinion, fuggefting, *' that
** whatever his private chara8:er might be, ftill
*^ he had claim to refpeQ:, as the fon of his King;"
^nd with more than ufual candour, he allows, *' that
** in this f articular, OUT difference of opinion feemed
** to him to be real, anci that it was even a confiderr
f* able time before we were reconciled."

Such,

C 30 J

Such, Gentlemen, I intreat you tcTuke notice,
is the pleafant incongruity and amiable liberality^
which this man difplays in his evidence. He in^
diUges himfelf in the wildeft licentioufnefs of con-
jefture in a cafe where it is not warrantable, while
he denies the leafl freedom of opinion to mf, on
political topics, where, in free governments, fuch
as we are told is that of England, the right till
now, has never been difputed. According to him,
our difference at one time did appear natural ^
at another it feemed affeHation ; but you are too
candid to abide by his ftupid conjeftures, which
are wholly immaterial.

Two weighty charges brought forth by thia
witncfs, ftill remain to he anfwered. Mr. Vaughan
has ftated, that our converfation refpefting the
Duke of York, was fucceeded by Mr. Hodgfon
reading a paragraph from a newfpaper, which men-
tions, the King having been fox-hunting or ftag-
hunting; and that this paragraph gave rife to fome
reflcflions from me, which I am fure ar^ not im^
moral, and which I hope are by no means peculic^r
to myfelf.

When Mr. Hodgfon read the paragraph, I cer-
j:ainly did exprefs a doubt of its veracity, conceiv-*
^ng it improbable that his Majefty fhould be occu^

pie4

' C 3^ 3

jpied in fimilar nonfenfical amufements, whik the
ttiournful accounts of havoc and flaughter, in which
his ownfuhjeBs are fo fatally involved, werealmoft
daily arriving from the continent. My remarks
had their origin in truth and humanity, and I am
not apprehenfive, that they will fufFer difparage-
ment from the fevereft ordeal to which they may
beiexpofed.

The laft charge that remains to be noticed, and
indeed the only one, which in the leaft applies to
toe, although it were deemed fufficiently criminal
to hold me feveral weeks in prifon, in default of
the exceflive bail that was required, and which
the meaneft, moft daftardly artifices were employ-
ed to prevent me from procuring; — ^this laft
charge, I repeat, is of a guilty nature indeed,

Mr. Hodgfon is fworn to have called the
ELECTOR OF HANOVER, AND THE
LANDGRAVE OF HESSE CASSEL, HOG
BUTCHERS; and I am fworn to have repeated
this word. Now, whether I did fo, or not, cannot
be very material, fince it would be going raiher
beyond the line, even in thefe times of alarm and
puniftiments, to judge a man ginlty of fedition,
treafon, and rebellion, and I know not what be-
fides, as ftated in the indiftment, for having ap-,

plied

C 3ft ]

p\kd the word HOG BUTCHER to the Ele&-'
tor of Hanover.

Neverthelefs I am morally certain, that I never
ufed the word. It i? not my mode of exprefling
myfelf ; and for one perfon literally to repeat the
very word adopted by another in converfation^
is not the ordinary way in which converfation is
carried on. But this very cautious and refpeEtablc
witfiefs has fworn it ; and, as it is brought for-
ward as a criminal charge, I am neceffitated to
animadvert upon it. In my animadverfions, howw
ever, I beg it may be underftood, that nothing, fa-
tirical' or ^ifrefpeSful is intended.

Our converfation on this fubjegl:, originated
alfo from a paragraph in one of the newfpapers,
ftating, " a treaty to be in force, whereby the
'^ELECTOR OF HANOVER was bound to
•* provide GREAT BRITAIN with a certain num-^
'* ber of his eleEloral fubjcSts for the prefent war,
" at the rate of fo much per head on the lofs *of
** each man."

^ It was undoubtedly fair to comment on thi^
newfpaper paragraph ; and when HUMAN BE-
INGS are thus brought to market, and difpofed
of as BEASTS, it moft. certainly verifies Mn

Edmund

r 33 ] '

Edmund Burke*s memor^We obfervation, appliedl
to the lower orders of people ; — according to his
immortal phrafe, — ^* the fwinijh multitude ?'* It
cannot therefore, agreeably with found logical rea-
foning, be denied, that if the PEOPLE are
SWINE, he who fells them, who receives fa
much money for the (laughter of each, is, to all
intents and purpofes, a SWINE^ or HOG-^
BUTCHER*

But, to cohfider the expreflion in another fenfej
there is nothing humiliating or difhonourable in
the charafter of a Hog j^utcher. "Grandeur never
fhines fo tranfcendantly imiiable, as when it def-»
cends to the ordinary occupations of life, ThQ
Confuls of Rome ; — ^the pureft charafter which
hiftory records, Cincinnatus himfelf was often em-,
ployed in guiding his plow, even at the very mo^
mcnt when he was called to the moft elevated rank
in the republic. The Emperor of China is boun4
by the conftitution of that vaft empire, annually to
till with his own hand,an acre of ground;nor would
the moft pious and popular fovereign in Europe
be degraded by a difplay of fuperior genius in me-
chanics, or of perfeft knowledge in the ufeful and
meritorious art of gracing or fattening an ox.
Surely then it would be the climax of injuftice, to
condemn a man to fine, pillory, and imprifonmentj,

F ' fop

r 34 ]

for having ftiled the Eleftor of Hanovef a HOC
BUTCHER, while the RIGHT HONOUR-
ABLE LIBELLIST OF HUMAN NATURE,
who denominated the Members of the Britifh go-
vernment, HOGS or SWINE, ftigmatizing them
with the heaftly epithet^ SWINISH MULTI-
TUDE, fhould be feen to triumph in the higheft
honours of the ftate;— a PRIVY COUNSEL-
LOR to his moft facred Majefty George III. *

I have now gone through the various charges ftated

* The reader is dcfircd to take notice, that I have faith-
fully fummcd up the evidence from an exaft copy of the
information given by Meflrs. Leach, White Newman, and
\'.» 'y/iaii, againfl: Meflrs Hodgfon and myfelf, on oui appear-
nncc before Alderman Andcrfon, at Guildhall; and it muft
ir» firil excite furprife, that the above magiftrate fliould vcn-
i\iYc to have committed me ; but all wonder will ceafe, when
ii is rt collected, that between our firll and fecond exa-

:r i":.^t:ons, he had full time to take his Icflbn from the T y,

and that, on Mr. Hodgfon's wifliing to point out a cafe of
i.Vv-,-, to I. rove the illegality of our commitment, the dajhing
AI(icrv,:aii nil hlmfhort by obfcrving, " that it did not figj-
*• nify, l-'^al or iilegaiy lie was refolved to commit us, and
*• Nvns prepared to take all refponfibility on himfelf." It
would be extending credulity too far, to believe, that a pru-
dciir, wary magirtrate would have afted thus, had he not
been provided with an ample and fccurc guarantee for liit
coudu£t.

m

C 85 }

in the indi£lment, (what the conftable and NcvTh.
man, the gaoler, fwore, concerning Mr. ^Hodgfon,
having exclaimed in the coach, ** Liberty and the
** French RepubUc,"no ways affefting me.)and fro^i
what you have heard, it muft be evident, *^ that I
" expreffed a preference for the Britifh govern-
*' ment to the prcfent anarchy of France ;-r-thftt
*^ I avowed rcfpeO: for the Duke of York, as fan
^' of the King ;" that / did not drink thofe def-
. perate toafts ; that / did not exclaim for Liberty
and the French Republic. All this is confirmed by
the evidence that has been given ; yet, I was
expofed to every outrage, involved in very great
expence,held to bail in one thoufand pounds^ and anx
pow fummoned here as a criminal for trial.

What then is the infefeqce to be drawn fron|
^his profecution ?

Mr. Hodgfon is tried for having ufed certain
expreflions fwom againfl him. I was dragged to
a dungeon, condemned to hnger three weeks ia a
prifon, in default of the enormous bail required,
and finallybrought to trial,for having not ufed them.
What therefore is criminal in him to have done^ i^
held equally criminal in me not to have done * ; and

I truit

♦ The Grand Jury, by having thrown out the bill againfl:

C 86 3

1 truft. Gentlemen, that you will continue to prc-
fcrve the fyftem of equality^ hitherto fo uniformly
kept up between us^ by giving a verdift of ac-
quittal for both.

I have endeavoured, let me hope, not without
cffefl:, to cxpofe the folly and wickedncfs of this
profecution. It has been attended with an ex-
pence, which I could ill afford, and what I feel
much more fenfibly, from the inhuman treatment
I at firft received from the damps of a dungeon
in which I was confined lixtecn hours,my health has
fultained an injury, for which no recompence
from my revengeful profecutors could ever be to
me afufficient atonement.

Gentlemen, I fhall not detain you many mi-
nutes longer. It is the privilege of the injured to
complain : refiftance againft oppreffion is more a
duty than a virtue, and you will permit me to offer
a few general remarks, that are conneSed with
the very hard cafe which I have ftated.

It is a habit in which I was bred, and which
is now rooUi in me, to declare my fentiments with-

mcjhave prevented the miniftcrial Alderman from appearing
before a Court of Law, in this . ridiculous and perplexing

dilemma*

out

C 37 3
4out referve; I have not yet learnt our modem
fervility, tranfplanted from the old defpotifm of
France ;— to crouch to power, or accommodate
myfelf to the ruling prejudice and violence of the
day.

I will never be a tool to the felfifh projefls or
ambition of any man; holding in equal abhor-
rence the difappointed clamorous demagogue, the
mendicant orator of faClion, and the fawning para-
fite of a Court : neither fliall the brutifh clamours
of a: hired fenfelefs banditti, nor the terrors of
legal vengeance, intimidate me from afferting, on
cv: ry occafion, as far as in me lies, the natural
birth-right of us all ; — the/reedom of Jp tech ; againft
which the barbed fhafts of government are pointed
in this and tiumberlefs other late profecutions. The
great Lord Bacon obferves, " that enquiry, exa-
** mination, and contiadiftion, are the filtering
^* ftones of truth and knowledge^** on which alone
every improvement in focicty, all the happinefs of
human life depend. Tamely to furrender this
ineftimable privilege, would be the bafeft cowardice
and degeneracy. /

FREEDOM OF SPEECH is an ENGLISH.
MAN'S PREROGATIVE, engrafted on our
Conftitution/ by MAGNA CHARTA and the

BILL

[ 38 ]
BILL OF RIGHTS. Let us beware, left arbi-
trary vindictive minifters fupported by the wretched
fophiftry of lawyers wreft it from us.

Gentlemen of the Jury ; this facred palladium
i.; in your hands ; the final blow fecms to be me-
ditated againft it; the virtue of juries only can
prcfcrvc it from deadly violation.

It was under the adminiftration of a Sejanus,
during the reign of a fool and tyrant emperor^
that this barbarous law of " iictrt ejl agtre^* that
is, "the law which would torture worJs, into
** deeds,** was enforced s^t Rome; yd even then,
under the government of that Imperial Rujfflan
Tiberius, there ftands only one fbhtary inftance
on record, of this arbitrary law being executed ;
and amidiiL the dcfpcrate outrages that clxara£ler-
izcd iliofe degenerate days, it is particularly cited
by the hiiloriaiis Tacitus and Suetonius, as an ex,-
crbitant 11 retch of tyrannic power.

It is under the adminiftration of a MODERN
SEJANUS, during the reign of a wife ^.nA mer^
cifid prince> that the above infamous explod-
ed law has . been revived in Britain^ and of
late enforced by a variety of terrible examples.
1 am ready to admit the contraft between Tiberius
;Lud our moft graqious Sovereign, to be as ftriking^

C 39 ]

i3iS the refemblance between their minifters is per-
feft; but the Roman people avenged themfelves
of their ^v^^^^Sejanus; they dragged him with
hooks fixed in his body to the capitol, from the
fummit of which, he was precipitated headlong
down, and dafhed to pieces.

The fate of our BRITISH SEJANUS, it is
in the womb of time to unravel.

Gentlcrtien of the Jury, our' ears are for ever
ftunned with the mod extravagant encomiums
on the mildnefs of the prefent government. The
mildnefs of our original conjlitution, 1 fhall not
venture to difpute, but I can never acquiefce
in opinion, as to the mildnefs of a government ^
under which, it is a notorious faft, that no man
canpublickly avow his political fentiments,if hoftile
to prefent meafurcs, without rifque of fine, pillory,
and imprifonment, for his audacity^

To reconcile Englifhmen to this embargo on
their thoughts ; — to enamour them ftill more with
this 7nild and oncrci/al government, that neverthe-
lefs, deprecates the teft of inveftigatibn, an immo-
ral rhapfodift, whofe genius and talents in my opi-
nion, have* been far more highly celebrated than
they deferve, tells them, " that they are born to

*' grovel

r 40 3

*' grovel in ignorance and ftupidity ; — that it i^
•' their charter to be hoodwinked and deceived ;
*' — and that they are bound to praife and admire,
*' what it exceeds the limits of their fwiniih capa-
*' city to comprehend.*'*

Be it fo; but there can be no obligation on
mt to praife what I perfeftly comprehend, and
vhat I cannot praife, without belying every feeU
ing of my foul, and violating all the moft facred'
duties of honefty and truth.

When I eternally hear confident affertioas from
the lips, recommended by the folemn fhiz of
magifterial authority, I am not to be gulled by
fuch quackery ; it were neceffary that I fhould
firft compare the aflertion with the faft, and unlefs
I mean at once to furrender common fenfe and
conviQion, that I fliould form my judgment on
the refult of that comparifon.

It is the nature of truth to challenge enquiry;
and the government which conden^ns to the har -
eft penalties, thofe who indulge tlienpfelves in that
^enquiry, — to fay that fuch a government were
free, would be mockery and infult. Whenj, there-.

fore

i: 41 ]

JPore, I hear this amiable mildnefs confidently aC
ferted by perfons of great weight and authority^
%vith fo many dreadful examples of the contrary
Taft before us, which we are condemned every day
to wicnefs;* when I refle6l on the vaft number of
my fellow citizens in every quarter of the empire^
From north to fouth, from eaft to weft, pining in
gaols, for having only laboured in their honeft vo-
cation, to provide a fubfiftence for their families;
—when I recolle£t the language ufed by certaia

♦ Lord George Gordon and Mr. Macan died lately in
Newgate within two days of each* other. One cut ofF ia
the meridian of life, the other in the bloom of youth, both
under a hard fentence from the court of K — ngs B— — ch.
The former had paid the debt pf law, having undergone the
fentence of his confinement, but was afterwards detained
in defi^ult of the enormous bail required (iO,oOol.) contrary
to the very fpirit of our conftitution, which fays, ** exceC-
" five bail (hall not be demanded." Thus, it is evident,
that he died through the rigor of his imprifonment ; — and
that his punifliment would have been infinitely lefs painful,
had his Judges condemned him to death in the firft in-
ftance. — Mr. Macan was a perfon of very delicate conflitu-
tion, very much impaired by long confinement, and he fell
an early vidim to a malignant fever raging in the gaol : the
human frame, has not ftrength fufficient to contend for
fuch a long period of time, againft the tainted air and com-
plicated horrors of Newgate, and if appearances are to be
trufted, other facrifices will fall, before the barbarous fen-
tence of law {hall he fulfilled.

O Caledo-

C 42 3

tJaledonian Judges on a late trial, where tha poo#
claffes of fociety are openly declared to have na
rights whatever,* when I behold a number of
wretched captives condemned for lift to a gaol,
from an inability to pay their debts, when I con-
fider the Tytht Laijs^ the Ttfl Laws^ the Exclujion
Laws, the Game Laws, Excife Laws, and mur-
derous PRESS WARRANTS ; and finally,
when I refleS on the fituation in which I myfelf
now appear before yoii, the negative praQice rifes
direftly in the very teeth of the affertion, and
reminds me of th^ celebrated Ricci the Italian
Jefuit, who when the defpotifm of his order was
threatened, fome of them confulted with him, and
were of opinion, that it would be prudent to yield
up a few facrifices, in compliance with the popu-
lar cry, for their own ultimate fafety ; but the
hardened bigot exclaimed, " No ; fint^ utjint, aut
** non fint.*^ " Let things remain as they are, or
** let us not exift at all." He afted accordingly ;
he expatiated during three hours, on the meeknefs
and benignity of the holy Catholic religion, and
in proof of that benignity, when three Proteftants
were brought before him, for having dared to

quef-

♦ Vide Muii's trial. Mr. Muir is fentenced to f9urtecn
years tniRfportation, under pain of death, if he returns pre-
vious to the expiration of that term : the principal char^
in the bill of indiament found againft him was, « having
«* circulated the Rights of Man. and recommended that book
<« to the pcrufil of his comitrvmcn/*

f 43 3

qucftion 4ts orthodoxy, he mercifully condemned
them to the flames. So, if a man dare to queftioji
the benignity of thofe laws at prefent in force
amongft us; or even fliould he venture to deliver
a political fentiment, obnoxious to the war in
which we are now fatally involved, or to the con-
duftors or authors of it, there ar(S Judges to be
found, in proof of this boafted benignity, who
would vehemently urge a verdifl; againft the hei^
nous offender^ nor hefitate to pronounce the moft
rigorous fentence to be infliQed pn hin^.

Gentlemen, it is the duty of every man who
really loves our conftitution, and who feels an
intereft in the delights of focial converfation, to
refift that torrent of prejudice which now threat-
ens to overwhelm our liberties, and to deprive us
of that charm which more than all others, giyes a
zed to exiftence.

Take from us the right of freely communicating
our thoughts to each other, conftrue into treafon
or fedition, every fentiment, every aftion that
does not tally with the intereft, caprice or ambi-
tion of our rulers, the mafter link in fociety is
broken; the road to truth thus cut off, tyranny
reigns triumphant, the empire of horror and mifery
is perpetuated, and man degenerates into a ftafe
pf the vilfft fervitude.

C a la

[ 44 ]

In thefe eventful days, the human mind is eter-
nally on the ftretch of curiofity and fpeculatibn,
and in all rooms of public refort, politics almolt
exclufively engrofs converfation ; furely then, in
the warmth of argument between two friends, if
they (hould talk aloud ; — if an unguarded expref*
fion fhould lallfrom either of them, and that expref-
fion is to be feized with venal ofiicioufnefs, or
malignant inveteracy, by perfons to whom it was
not addreffed, and allowed to be brought forward
as matter of criminal profecution againffi him. A
man on fuch terms would be far better ir> a de-
fert, than in the meridian of all thofe crocodile
enjoyments which this luxurious city apparently
offers to his choice.

Nevertlielefs, fuch is the Hate of fociety at pre-
fent throughout Britain, that a perfon whofe fenti-
ments do not chime with the prejudices of the
day, in the habit of frequenting thofe places which
have been defcribed, has only three fad alterna*
tives left for him to chufe ; either to brave all
danger, to give full fcope to his native feelings,
and promulgate truth; — to forego the privilege of
fpeech, as if he had a gag in his mouth, or other-,
wife to belye his heart, ^nd praife ^ the things he
execrates and abhors. If, however, he fhould
adopt the honeji alternative, the moft vexatious
arbitrary prbfccutions and penalties await him.

Gen*

[ 45 ]

Gentlemen, I have proved by the witneffe$
ttemfelves, that of the different chai;ges alledged
ih the indiftmeiit, there is only one which any
ways applies to me, and I fliall offer an addi«
tional obfervation on that charge, which it is im-r
poflible to confider as criminal, before I conclude;
but i have an equal intereft in every thing that
regards my fellow-fufferer in this profecution, and
you will therefore allow nie to make a folemn ap^
peal to your candour, your honour^ and youp
confciences in his behalf*

Is It pofEble to believe, that anyperfon, not bereft
of his fenfes, harbouring fuch wicked defigns as ar<t
flated in this indiftment, fhould rfepair to a public
coffee-houfe, and that coffee-houfe notorious for
being frequented hy f pies and informers, by clerks
of arraigns, attomies, gaolers, and perfons of that
defcriptidn ? Is it not prepofterous to imagine, that
a rational being, poffeffed of fuch fchemes as this
indiftment moft falfely and malicioufly ftates^fhould
fix on a place of all others the moft likely, were thofe
fchemes there promulgated, to enfure their defes^t ?

Sedition, malice^ and treafon, delight in lurk-
ing holes and corners ; they (hun the light, brood-
ing over the mifchief which they meditate, till
4-ipe for hatching, and are only cautbus to con-
ceal

C 46 1

teal their purpofes : but what is the curious na-
ture of that fedition, malice, and treafon,, imputed
to u;5, for which our purfes have been drained,
pur bodies arbitrarily confined, our health im-
paired, and for which we are now brought
here to be tried ? Why, that we a\ ent to the
raoft frequented coflFee-houfe in the city of Lon-
don, and feating ourfelves at a table, entered into
converfation with each other, loud enough for
every perfon in thg room to hear us, y^t, fedition,
inalice, and treafon, whofe notorious charafteriftics
are filence and concealment, are the defptrate
crimes, for which^ pn conviftion, our profec^tofs
would rejoipe to inflift the moft barbarous pu^
niflimei>t upon Us. Had w.e indulged fchemes of
fcdition or treafon, it would be ni^dnefs to con«.
ceive that we fhould feek a public opportunity of
divulging them, or of affording ground for fuf-
picion ; ^id, as to malice, that crime refts evi-
dently with thofe who framed, gr who caufed thi^
indiftment to be framed. Had our breads been
goaded by that fiend, we fhould hardly have re-
forted to the Londoi) coffee-houfe, in order t<)
drive him out|

Of all other tyranniesp none c^n be devifecj
jfxiore barbarous and revolting, than t4iat which is
praftifcd in fraiping bills of this nature, imputing

I 47 4

to men, already crufhed by the iron arm' of power,
trimes the remoteft from their thoughts. A no-
Vice in the chicanery and barbarity of law, igno-
tant of the technical and infamous terms employed
on thefe occafions, would tremble for his life, when
in confequence of words fpoken in the hour of
convivial mirth, or carelefs converfation ; for
having freely difcuffed the excellence of this or
that kind of government, Ihould, on no other
foundation, perceive himfelf criminally charged
tuith having committed a violent aj/hult, hy force of
arms *, with a /editions attempt to alienate the af-
feBiom of his Majefly'sJubje^Sy and to excite rebeU
lion in his country. '

I am confcious of having already detained you
too longjtherefore (hall requeft your ir^dulgence for
a very few moments longer.

Getitlemen, the very oppreflive cafe of Mr.
J^roft, which has excited fo much popular indigna-
tion, has been mentioned as bearing an analogy
with the prefent profecution ; but the analogy is
very imperfeft. You are to recolleQ:, that the
words uttered by Mr. Frojl^ were addreffed di^

reBly

♦ Thefe arc modeflly ftyled the fiftions of law. Is it not
time that fuch gothic barbarilbas fliould be l;)anifhed from i
l^iviliaed jurifprudenca.

[ 48 i

reSly to the wretches who informed againji hint ;
— that they applied immediately to the firft magif-^
trate, and to the executive government ; — that hi^
words were, ** Liberty and equality,** (no bad
things by the bye) " and No King.'* You are to
remember likewife that thefe informers obferved
fome legal rules in their proceedings. They fuf-
fered him to depart, knowing that a conftablt was
not authorized in the firii inflance to take a man
into cuftody for words, on mere oral information.
They therefore waited till morning, when they in-
formed againft him before a Secretary of State,
and the bufinefs was aftenvards condufted, agrec-^
ably with the rigorous, but regular procefs ; but
the prefent cafe is far diflPerent ; Mr. Hodgfon's
converfation was addreffedon/y to my/elf; it no ways
applied to the King, nor particularly to hi^ govern-
ment. We were dragged at once to a dungeon, with-
out ;xv\y warrant or preliminary procefs whatever, on
the viere verbal charge of thefe informers, and the
tiiagiftrate afiumed the power of committing us un-
dcrthat authority *. Thus, you muft be fenfible
ti:at if Mr. Froft's cafe be, what it molt afftlredly
is, extremely fevere, we have infinitely more rea-
fon to complain.

♦ The flatute cxprcfsly fays, " No one ftiall be feized O"^
« impriroxicd, imlefs by indiftxnent| or the proccb of cor^^

C 49 3

feeritlemen, it now only remains for me to adU
vert once more to that fingle. charge which relates?
to myfelf, *^ that I agreed with Mr. Hodgfon, thk
*^ the Eleftor of, Hanover was a Hog-butcher I'* I
apprehend that I have already fafficiently excul-
pated myfelf from this ridiculous accufation ; but,
in addition to what has been urged^ you are 10
recolleQ, that owing allegiance, as a fubjeQ, to
the King of Great Britain^ I am tied down by no
particular bond of attachment to the ZleEtor of
Hanover i that the fubje£i originated from a newf-
paper paragraph, and that our difcourfe Was con-
fined wholly to ourfelves.

In this defence, all technical jargon^ and pro;
feffional quibbles are atvoided. I have not crouch-
ed to the prejudices of the day, nor do I infidu-
oufly addrefs niyfelf to your pafEons. I have
ftruggled with zeal, if not with ability, to enforce
On your minds the honeft principles of truth. My
defence is built on that immoveable bafis. Truth ;
that will eventually bring to difgrace the infamous:
fervility of courtly Aldermen, and triumph over aU
the combined exertions of malice and of power. But
under the moft cruel fentence, confcioiis innocence
would ftiil fupport me! — -Innocence,thatoften dart^
the rays of funftiine, amidft the thickeft gloom of
a vaulted cell, and enables \he mind to brave every

H rigour