the person or abilities of another ridiculous,
not only in publications, but if the peace and
welfare of individuals, or of society, be inter-
rupted, or even exposed by types and figures,
the act, by the law of England, is a libel.
Then he goes on to say, "that any people
who submitted to be governed by a wooden
head, would not find their security in its sup-
posed innoxiousness, as its hollowness would
soon be occupied by instruments of mischief."
Submitted! Is not this instigating the people
of Ireland to rebellion? For, in what way, but
by acts of open violence can they avoid" sub-
mitting" to the government which is set over
them?Then he goes on: "When I found,
sir, this portion of the kingdom overwhelmed
by such consequences to our property, as the
rapacity of Mr. Marsden and his friends, and
such consequences to our lives, as the pikes
of Mr. Emmet and his friends, have lately
produced; when I could trace all these evils
as the inevitable issue from the head and body
of such a government as that of lord Hard-
wicke, and I am told of his innoxiousness and
his firmness, I still reply the story of the
wooden horse, and I shall still, notwithstand-
ing the fate of Laocoon, raise my voice to my
countrymen, and cry, Equo ne credite Teucri.
Not, sir, that I would be understood literally,
I do not mean to assert the head of my lord
Hardwicke is absolutely built of timber. My
application, like that of the original author of
the tale, is only metaphorical. Yet, at the
same time, I cannot avoid suspecting, that if
the head of his excellency were submitted to
the analysis of any such investigator of nature
as Lavoisier, it would be found to contain a
superabundant portion of particles of a very
ligneous tendency. This, sir, is the lord
Hardwicke of doctor Addington, against whose
government not a murmur of complaint has
been heard'-While our property has been
subject to the plunder of his clerks, and our
persons have been exposed to the pikes of the
rebels." Now, the libels in this sentence are
these: first, it is stated, of Mr. Marsden, that
he is a rapacious man; then the author goes on
to say, that he could trace all the evils which
the pikes of Mr. Emmet and his friends have
lately produced, as the inevitable issue from
the head and body of such a government as
that of lord Hardwicke. He admits this noble,
person to be celebrated for "understanding
the modern method of fattening a sheep as
well as any man in Cambridgeshire." Now,
gentlemen, what does this mean? Does it not
elearly mean to infer, that lord Hardwicke is
ill-placed in his high situation, and that he is
only fit for the common walks of life?-There
is another part of the libel to which I wish
to draw your attention. The author says,
"What! Is he one of the tribe of the Ho-
barts, Westmorelands, and Camdens? Is he
one of that tribe, who have been sent over to
us to be trained up here into politicians, as
they train the surgeons apprentices in the
hospitals, by setting them first to bleed the

pauper patients? Is this the time for a continuation of such experiments?" What does the whole of this mean? Is it not saying, that lord Hardwicke was sent over by his majesty to the people of Ireland, merely to be trained up into a politician, as they train surgeons apprentices in the hospitals, by setting them first to bleed the pauper patients? It is for you to say, whether such is not the obvious sense of this sentence.

There is one other part of the publication to which I am desirous of drawing your attention; it relates to the imputation on lord Redesdale: it says, that "the opinion of the present government is known to be influenced by motives very different from general justice." Amongst so many passages of this description, it is hardly necessary to call your attention to particular instances; one or two more I shall, however, briefly mention. "With what amazement," says he, " the grand jury must have received such a broadside, poured upon the truth of the fact, I cannot, as I was not present, know; but I can very well imagine what the feelings of 23 well-informed gentlemen must have been." Is it to be endured, that it should be said of any person, but, more especially of a person sitting in the capacity of a judge, that he had poured a broadside upon the truth of the fact? Then it goes on; "in truth, they say, that, except as to momentary effects, rebellion and invasion might be viewed with indifference, if it can be supposed, that the stained hands of a petty clerk had been washed in the very fountain of justice." Is not this saying, that rebellion and invasion may be viewed with indifference? And is not the whole of the sentence connected with what was said before?

It then says, "It was said of lord Kenyon, that he loved money; if so, he loved his own money only, and not the money of any other man." Which is saying, as was observed to you before, that lord Redesdale is fond of the money of other men.-The last passage I shall call to your attention is this: "Lord Kenyon, therefore, as chancellor, never would have made any rule or order, by the effects of which, the secretary of a master of the rolls would be deprived of all fees, for the purpose of throwing all those fees into the hands of the secretary to the chancellor, the better to enable that secretary to discharge the pension of some unknown annuitant on his official profits." Contrasting lord Kenyon with lord Redesdale, this passage clearly imports, that lord Redesdale, as chancellor, did make a rule or order, by the effects of which, the secretary to the master of the rolls was deprived of all his fees, for the purpose of throwing those fees into the hands of the secretary to the chancellor, the better to enable that secretary to discharge the pension of some unknown annuitant on his official profits.

Gentlemen, such is the publication before you. It is to speak for itself in its plain sense. The question for you to consider, if it can be

a question, is, whether these libels (when I call them libels I am anticipating your decision) are capable of any other construction than what has been put upon them? It has been stated of the defendant, that he is a selftaught politician. Gentlemen, no man can write without control. It is necessary he should know, that every man must be controlled by law. It has been observed, that it is the right of the British subject, to exhibit the folly or imbecility of the members of the government. But, gentlemen, we must confine ourselves within limits. If, in so doing, individual feelings are violated, there the line of interdiction begins, and the offence becomes the subject of penal visitation. Evi. dence to character has been produced on the part of the defendant. But the effect of cha-, racter is, to render the charge doubtful. As

to the fact of publication, in the present case there can be no doubt whatever. If you are of opinion that the publications are hurtful to the individuals or to the government, you will find the defendant guilty; if, on the contrary, you consider them neither destructive of the peace of the one or the other, you will acquit him of the charges under this information.

The jury, after a pause of about ten minutes, delivered their verdict-Guilty.

The defendant, who afterwards on the trial of the honourable Robert Johnson, for being the author of the letters which were the subject of this prosecution, appeared as a witness for the Crown, was never called upon to receive sentence, on this conviction.

671. Trial of an Action for Damages brought by W. C. PLUNKETT, Esq., Solicitor-General of Ireland, against WILLIAM COBBETT, for publishing a Libel upon the Plaintiff; tried by a Special Jury, before the Right Hon. Edward Lord Ellenborough, Lord Chief Justice of his Majesty's Court of King's-Bench at Westminster, on Saturday May 26th: 44 GEORGE III. A. D. 1804.*

Counsel for the Plaintiff.

The Hon. Thomas Erskine [afterwards Lord
Chancellor Erskine].

Mr. Garrow [alterwards a Baron of the Ex-
chequer].

Mr. Dampier [afterwards a Judge of the
King's-bench].
Mr. Nolan.

Counsel for the Defendunt.

Mr. Adam [afterwards Lord Chief Commis-
sioner of the Jury Court of Scotland].
Mr. Richardson [afterwards a Judge of the
Common Pleas].

THE DECLARATION.

Hilary Term, in the forty-fourth year of the reign of king George the third.

faithful and honest subject of our lord the king and as such hath always hitherto conducted himself And whereas also the said William Conyngham before and at the time of the publishing the false scandalous malicious and defamatory libels hereinafter mentioned was and yet is a barrister at law in that part of the united kingdom of Great Britain and Ireland called Ireland practising there and solicitor general of our lord the king in Ireland And whereas also before and at the time of the publishing the several false scandalous malicious and defamatory libels hereinafter mentioned the right honourable Philip earl of Hardwicke was lieutenant general of that part of the united kingdom of Great Britain and Ireland called Ireland and was governor general of that part of the said united kingdom called Ireland And whereas also before the publishing of the several false scandalous malicious and defamatory libels hereinafter mentioned

Middlesex WILLIAM CONYNGHAM one Robert Emmet had been in due manner

to wit. PLUNKETT complains of William Cobbett being in the custody of the marshal of the Marshalsea of our lord the king before the king himself For that whereas the said William Conyngham now is and from the time of his nativity hitherto hath been a good true

See the preceding trial, and the case of the Honourable Robert Johnson infra.

tried in Ireland upon an indictment for high treason on which said trial he the said William Conyngham was as such barrister at law as aforesaid retained and employed on the part of the prosecution and as such barrister made observations upon the evidence given upon the said trial And whereas also the said Robert Emmet was in due manner convicted of high treason upon the said trial and res

in Ireland) "Lord Kenyon" (meaning the said late lord Kenyon) "if he had been chancel lor in any kingdom in Europe would have? shrunk from recommending any such man to the favour of a monarch while there yet remained a shadow of monarchy visible in the world"

grave" (meaning that the said Robert Emmet had first imbibed principles and doctrines from the said William Conyngham which by their effects led him to commit high trea son)" and he it is who is now brought forward as my prosecutor and who by an unheard of exercise of the prerogative has wantonly lashed with a speech to evidence" (meaning the ob- 2d. Count. And the said William Cobservations upon the evidence given on the bett of his further malice against the said said trial of the said Robert Emmet so as afore-William Conyngham and again contriving said made by the said William Conyngham) and maliciously intending to injure and pre"the dying son of his former friend when that judice him as aforesaid afterwards to wit dying son had produced no evidence had made on the same tenth day of December in the no defence but on the contrary had acknow- said year of our Lord one thousand eight ledged the charge and had submitted to his hundred and three at Westminster aforesaid fate" (meaning thereby that the said Wil- in the said county of Middlesex did falsely and liam Conynghan bad acted in the manner maliciously publish a certain other false above described in the said libel)" Lord scandalous malicious and defamatory libel Kenyon" (meaning the said late lord Kenyon) of and concerning the said William Conyng"would have turned with horror from such a bam and of and concerning his conduct as a scene in which although guilt was in one part barrister at law upon the said trial of the to be punished yet in the whole drama justice said Robert Emmet and of and concerning the was confounded humanity outraged and opinion which it is in that same libel asloyalty insulted Of lord Kenyon there- serted the said Lloyd Lord Kenyon now fore (Cambricus must well know) it never and at the time of the said trial of the said could have been believed that he himself Robert Emmet deceased and of the publi would lead such a character" (meaning the said cation of the said libel would have enter William Conyngham)" forward introduce him" tained of the said William Conyngham had (meaning the said William Conyngham)" to the said late lord Kenyon been alive and the favour of a deceived sovereign clothe him" present at the said trial of the said Robert (meaning the said William Conyngham) " in Emmet which same false scandalous mali robes and load him " (meaning the said Wil- cious and defamatory fibel was and is in a liam Conyngham) "with the emoluments certain part thereof as follows to wit if of office" (meaning the said office of any one man could be found" (meaning that solicitor-general of our said lord the king of the said William Conyngham was that man) Ireland)" Lord Kenyon" (meaning the said "of whom a young but unhappy victim of late lord Kenyon) "must have known that a the justly offended laws of his country" noble duke for having toasted at a drunken (meaning the said Robert Emmet)" had in club in a common tavern to a noisy rabble the moment of his conviction and sentence" ⚫ the sovereignty of the people' was struck by (meaning the aforesaid conviction of the said his majesty's command out of the privy coun- Robert Emmet of high treason and his said cil and deprived of all his offices both civil sentence thereupon)" uttered the following and military If therefore any man were apostrophe "That viper!" (meaning the to be found" (meaning that the said William said William Conyngham) " whom my father Conyngham was that man) "who not at a nourished! He it was from whose lips I first drunken club or to a brawling rabble but in a imbibed those principles and doctrines which grave and high assembly" (meaning the said now by their effects drag me to my grave;" Commons House of Parliament in Ireland) (meaning that the said Robert Emmet had "not in the character of an inebriated toast- first imbibed principles and doctrines from the master but in that of a sober constitutional said William Conyngham which by their lawyer had insisted on the sovereignty of the effects led him to commit high treason)" and people as a first principle of the English law he it is who is now brought forward as and had declared that by law an appeal lay my prosecutor and who by an unheard of from the decision of the tellers of the Houses exercise of the prerogative has wantonly lashof Parliament to that of the tellers of the ed with a speech to evidence the dying son of nation and that if a particular law were his former friend when that dying son had disagreeable to the people however it might produced no evidence had made no defence have been enacted with all royal and parlia- but on the contrary had acknowledged the mentary solemnity nevertheless it was not charge and had submitted to his fate" (meanbinding and the people by the general law ing thereby that the said William Conyngham were exempted from obedience to such a had acted in the manner so described in the said particular law because the people were the last mentioned libel) “Lord Kenyon" (meansupreme and ultimate judges of what was for ing the said late lord Kenyon)" would have their own benefit" (meaning that the said turned with horror from such a scene in which William Conyingham had delivered such although guilt was in one part to be punished e opinions as are above set forth in the said yet in the whole drama justice was confoundlibel in the Commons House of Parliament ed humanity outraged and loyalty insulted"

Of lord Kenyon therefore" (meaning the said late lord Kenyon)"Cambricus must well know it never could have been believed that he himself would lead such a character" (meaning the said William Conyngham) "forward introduce" him (meaning the said William Conyngham)" to the favour of a deceived sovereign clothe him" (meaning the said William Conyngham)" in the robes and load him" (meaning the said William Conyngham)" with the emoluments of office" (meaning the said office of solicitor general of our said lord the king of Ireland)

3rd. Count.-And whereas also the said William Conyngham before and at the time of the publishing of the false scandalous malicious and defamatory libel hereinafter mention ed was and yet is a barrister at law in that part of the United Kingdom of Great Britain and Ireland called Ireland practising there and solicitor general of our said lord the king in Ireland And whereas also before the publishing of the false scandalous malicious and defamatory libel hereinafter mentioned one Robert Emmet had been in due manner tried in Ireland upon an indictment for high treason on which said trial the said William Conyngham was as such barrister at law as aforesaid retained and employed on the part of the prosecution And as such barrister at law made observations on the evidence given upon the said trial And whereas also the said Robert Emmet was in due manner convicted of high treason upon the said trial and received the sentence of the law upon such his conviction And whereas also the said William Conyngham before and at the time of publishing the false scandalous malicious and defamatory libel hereinafter mentioned was much employed and consulted in his profession of a barrister at law whereby he got great gains and profits and was much respected and entrusted by divers of his friends and acquaintance in the management and conduct of their affairs and business that is to say at Westininster aforesaid in the said county of Middlesex and had always so behaved and conducted himself as deservedly to have gained and retained the esteem of all persons by whom he was so as last aforesaid retained employed consulted and entrusted to his great! comfort and advancement in life said William Cobbett well knowing the said Yet the last-mentioned premises but greatly envying the happy state and condition of the said William Conyngham and contriving and maliciously intending to injure him in his said profession as a barrister at law and to cause him to be reputed a base unworthy and unprincipled man and an unfit person to hold his said office of solicitor-general of our said lord the king of Ireland or to be employed consulted or entrusted by any person in his said profession of a barrister at law and to deprive him of his good name fame credit and reputation amongst all good subjects of our lord the king and to bring him into great

Case of W. C. Plunkett, Esq.

[60

scandal infamy and contempt on the tenth day of December in the said year of our lord one thousand eight hundred and three at Westminster aforesaid in the said county of Middlesex did falsely and maliciously publish a certain other false scandalous malicious and defamatory libel of and concerning the said William Conyngham and of and concerning his conduct as a barrister at law upon the said trial of the said Robert Emmet and of and the same libel the said late lord Kenyon concerning the opinion which it is asserted in Conyngham and of his conduct at that trial would have entertained of the said William which same false scandalous malicious and defamatory libel was and is in a certain part thereof as follows "If any one man could be found" (meaning that the said William Conyngham was that man)" of whom a young but unhappy victim of the justly-offended laws of his country" (meaning the said Robert Emmet)" had in the moment of his conviction and sentence" (meaning the aforesaid conviction of the said Robert Emmet of high treathe following apostrophe son and his said sentence thereupon)" uttered (meaning the said William Conyngham) That viper! from whose lips I first imbibed those prin'whom my father nourished! ciples and doctrines which now by their efHe it was said Robert Emmet had first imbibed prin'fects drag me to my grave' (meaning that the ciples and doctrines from the said William Conyngham which by their effects led him to commit high treason) and he it is who is now brought forward as my prosecutor and gative has wantonly lashed with a speech to 'who by an unheard-of exercise of the preroupon the evidence given upon the said trial 'evidence' (meaning the said observations of the said Robert Emmet so made by the said William Conyngham as last aforesaid) the dying son of his former friend when that dying son had produced no evidence had made no defence but on the contrary had acknowledged the charge and had submitted to his fate' (meaning thereby the said William Conyngham had acted in the manner above des cribed in the said last mentioned libel)" lord Kenyon" (meaning the said late lord Kenyon) "would have turned with horror from such a to be punished yet in the whole drama justice scene, in which although guilt was in one part was confounded humanity outraged and loyalty insulted Of lord Kenyon" (meaning the said well know it never could have been believed late lord Kenyon)" therefore Cambricus must that he" (meaning the said late lord Kenyon) ing the said William Conyngham)" forward himself would lead such a character” (meanintroduce him" (meaning the said William Conyngham) sovereign clothe him" (meaning the said "to the favour of a deceived William Conyngham) "in the robes and load him" (meaning the said William Conyngham)" with the emoluments of office" (meaning the said office of solicitor general of

6