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February 7th.

or fur committing any manner of wilful and “ Lloyd, the attorney, who advertised the corrupt perjury, or for the procuring or subFleet prison to let, ' in the first year of Eng: fully, "falsely, and corruptly affirming or de

orning any other person so to do, or for wil * lish liberty,' enjoyed an hour of notoriety claring, or procuring or suhorning any other on the pillory opposite the Royal Exchange. During the first quarter of an hour the engine person so to affirm and declare, in any matter was so loosely placed, that he simply looked or thing, which if the same had been deposed through it at his comparative ease ; an altera- in the usual form, would have amounted to tion however was made by order of the she wilful and corrupt perjury, shall continue and riff, that it should be shut close. The con- be in full force and effect; and that all percourse of people was very great; but by the sons guilty of any of the said several offences assistance of about two hundred constables, shall incur and suffer the same punishment, good order was preserved during the whole penalties, and forfeitures, as such persons time."

were subject to by the laws and statutes of this

realm, or any of them, before the passing of this Respecting the punishment of the pillory, Act, and as if this Act had not been inade. see Vol. III, p. 401; Vol. VII, p. 1209; Vol. “And be it further enacted, That in all cases XIV, p. 446; Vol. XIX, pp. 809, 810; and where the punishment of the pillory has hiVol. XX, p. 781. But now by stat. 56 Geo. 3, therto formed the whole or a part of the 6. 138, intituled, “ An Act to abolish the judgment to be pronounced, it shall and may punishment of the Pillory, except in certain be lawful for the Court before whom such cases;" the preamble to which states, “ that offence is tried, to pass such sentence of fine the punishment of the pillory has in many or imprisonment, or of both, in lieu of the cases been found inexpedient and not fully sentence of pillory, as to the said Court shall to answer the purpose for which it was in- seem most proper : Provided that nothing tended;” it is enacted “That from and after herein contained shall extend or be construed the passing of this Act, judgment shall not be to extend in any manner to change, alter, or given and awarded against any person or affect, any punishment whatsoever which persons convicted of any offence, that such may now be by law inflicted in respect of any person or persons do stand in or upon the pil offence, except only the punishment of pil. lory, except for the offences hereinafter men- lory, in manner as herein above is enacted."* tioned ; any law, statute, or usage to the contrary notwithstanding: Provided that all laws * See the Debates respecting this Statute in now in force, whereby any person is subject Hansard's Parl. Deb. Vol. XXXI, pp. 1121– to punishment for the taking any false oath, | 1142.

574. Proceedings on the Trial of an Information against THOMAS

PAINE, for a Libel upon the Revolution and Settlement of the
Crown and Regal Government as by Law established ; and
also upon the Bill of Rights, the Legislature, Government,
Laws, and Parliament of this Kingdom; and upon the King.
Tried by a Special Jury in the Court of King's-Bench,
Guildhall, before the Right Hon. Lord KENYON, on Tuesday
the 18th of December: 33 Geo. III. A. D. 1792. [Taken
in Short-hand by Joseph Gurney.*]
INFORMATION.

vereign lord the king prosecutes in this beOf Easter Term, in the 32nd year of King court of our said present sovereign lord the

half, in his own proper person comes into the George the Third.

king, before the king himself at WestminLondon,? BE it remembered, that sir Archi- ster,' in the county of Middlesex, on Friday to wit. bald Macdonald, knt. attorney-ge- next after one month from the feast day neral of our present sovereign lord king of Easter in this same term; and for our said George the Third, who for our present so- lord the king giveth the Court here to under

stand and be informed, that Thomas Paine, * I have also availed myself of the Report late of London, gentleman, being a wicked, of this Case in Erskine's Speeches, vol. 2, malicious, seditious, and ill-disposed person, edit. of 1815.

and being greatly disaffected to our said som

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vereign lord the now king, and to the happy, ously, did write and publish, and cause to be constitution and government of this kingdom, written and published, a certain false, scan. and most unlawfully, wickedly, seditiously, dalous, malicious, and seditious libel, of and and maliciously devising, contriving, and in- concerning the said late happy Revolution, tending to scandalize, traduce, and vilify the and the said settlements and limitations of late happy Revolution, providentially brought the crown and regal government of the said about and effected under the wise and prudent kingdoms and dominions; and the said act, conduct of his highness William, heretofore declaring the rights and liberties of the subprince of Orange, and afterwards king of Eng-ject; and the said declaration of the rights land, France, and Ireland, and the dominions and liberties of the subject therein contained, thereunto belonging; and the acceptance of and the hereditary regal government of the the crown and royal dignity of king and queen said kingdoms and dominions; and also of of England, France, and Ireland, and the do- and concerning the legislature, constitution, minions thereunto belonging, by his said government, and laws of this kingiloin; of highness William, and her highness Mary, and concerning our present sovereign lord the heretofore prince and princess of Orange; king that now is, and of and concerning the and the means by which the same Revolution parliament of this kingdom, intituled, “ Rights was accomplished to the happiness and wel- of Man, Part the Second, combining Principle fare of this realm; and to scandalize, traduce, and Practice, by Thomas Paine, Secretary and vilify the convention of the Lords spiritual for Foreign Affairs to Congress, in the Ameand temporal, and Commons, at whose re rican War, and Author of the Work, intituled quest, and by whose advice, their said majes- Common Sense, and the First Part of the ties did accept the said crown and royal dig. Rights of Man, the Second Edition, London, nity; and to scandalize, traduce, and vility, printed for J. S. Jordan, No. 166, Fleet-street, the act of the parliament holden at West- 1792;" in which said libel are contained, minster in the first year of the reign of their amongst other things, divers false, scandasaid majesties, king William and queen Mary, lous, malicious and seditious matters. In intituled, " An Act, declaring the rights and one part thereof, according to the tenor and liberties of the subject, and settling the Suc- effect following, that is to say,

“ All herecession of the Crown," and the declaration of ditary government is in its nature tyranny. rights and liberties in the said act contained ; An heritable crown” (meaning, amongst and also the limitations and settlements of others, the crown of this kingdom) " or an the crown and regal government of the said heritable throne” (meaning, amongst others, kingdoms and dominions as by law esta the throne of this kingdom) " or by what blished; and also liy most wicked, cunning, other fancitul name such things may be calland artful insinuations to represent, suggest, ed, have no other significant explanation than and cause it to be believed, that the said that mankind are heritable property. To inRevolution, and the said settlements and herit a government, is to inherit the people, limitations of the crown and regal govern- as if they were flocks and herds.” And in ment of the said kingdoms and dominions, another part thereof, according to the tenor and the said declaration of the rights and and effect following, that is to say, “ This liberties of the subject, were contrary to the Convention met at Philadelphia, in May, rights and interest of the subjects of this king- 1787, of which general Washington was dom in general; and that the hereditary regal elected president. He was not at that time government of this kingdom was a tyranny. connected with any of the State Governments, And also by inost wicked, cunning, and art or with Congress. He delivered up his comful insinuations, to represent, suggest, and mission when the war ended, and since then cause it to be believed, that the parliament had lived a private citizen. The Convention of this kingdom was a wicked, corrupt, use went deeply into all the subjects, and having, less, and unnecessary establishment; and that after a variety of debate and investigation, the king and the Lords spiritual and tempo. agreed among themselves upon the several ral, and Commons, in parliament assembled, parts of a Federal Constitution, the next queswickedly tyrannized over and oppressed the tion was the manner of giving it authority subjects of this kingdom in general, and to and practice. For this purpose, they did not, infuse into the minds of the subjects of this like a cabal of courtiers, send for a Dutch kingdom groundless and unreasonable dis- Stadtholder or a German Elector, but they contents and prejudices against our present referred the whole matter to the sense and sovereign lord' the king and the parliament interest of the country,” (thereby meaning of this kingdom, and the constitution, laws, and intending that it should be believed that and government thereof; and to bring them a cabal of courtiers had sent for the said into hatred and contempt, on the sixteenth prince of Orange and king George the First, day of February, in the thirty-second year of heretofore Elector of Hanover, to take upon the reign of our said present sovereign lord themselves respectively the regal government the king, with force and arms at London of the said kingdom and domi ions, without aforesaid, to wit, in the parish of Saint Mary- referring to the sense and interest of the suble-Bow, in the ward of beap, he, the said jects of the said kingdoms). And in another Thomas, wickedly, maliciously, and sediti- part thereof, according to the tener and effect

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following, that is to say, “ The history of the Though the parts may embarrass each other, Edwards and the Henries,” (meaning Edwards the whole has no bounds; and the only right and Henries, heretofore kings of England) it acknowledges out of itself is the right of “ and up to the commencement of the petitioning. Where then is the constitution Stuarts,” (meaning Stuarts, heretofore kings either that gives or that restrains power? It of England) “ exhibits as many instances of is not because a part of the government” tyranny as could be acted within the limits (meaning the government of this kingdom) to which the nation restricted it. The “is elective, that makes it less a despotism, Stuarts” (meaning, Stuarts, heretofore kings if the persons so elected possess afterwards, of England) “ endeavoured to pass these li- as a parliament, unlimited powers; election mits, and their fate is well known. In all in this case becomes separated from reprethose instances, we see nothing of a consti- sentation, and the candidates are candidates tution, but only of restrictions on assumed for despotism.” And in another part thereof, power. After this another William,” (mean- according to the tenor and effect following, ing the said William prince of Orange, after that is to say, “ The attention of the governwards king of England)“ descended from ment of England (for I rather choose to call the same stock, and claiming from the same it by this name than the English government) origin, gained possession” (meaning possession appears, since its political connexion with of the crown of England) “ and of the two Germany, to have been so completely enevils, James and William” (meaning James grossed and absorbed by foreign affairs, and the Second, heretofore king of England, and the means of raising taxes, that it seems to the said William prince of Orange, afterwards exist for no other purposes. Domestic conking of England) “ the nation preferred what cerns are neglected; and with respect to reit thought the least; since from circuin- gular laws, there is scarcely such a thing :" stances it inust take one. The act called the And in another part thereof, according to the Bill of Rights” (meaning the said act of par- tenor and effect following, that is to say, liament intituled, “ An Act declaring the “With respect to the two houses of which Rights and Liberties of the Subject, and set the English parliament” (meaning the partling the Succession of the Crown) “comes liament of this kingdom)" is composed, they here into view; what is it” (meaning the said appear to be effectually influenced into one, act of parliament last mentioned) “ but a bar- and, as a legislature, to have no temper of gain which the parts of the government made its own. The minister,” (meaning the miwith each other to divide powers, profits, and nister employed by the king of this realm in privileges ?” (meaning that the said last-men- the administration of the government thereof) tioned act of parliament was a bargain which whoever he at any time may be, touches it' the parts of the government in England made (meaning the two Houses of Parliament of with each other to divide powers, profits, and this kingdom) “ as with an opium wand; and privileges). “ You shall have so much, and I it” (meaning the two Houses of Parliament will have the rest; and with respect to the of this kingdom) “ sleeps obedience. But nation it said, for your share you shall have if we look at the distinct abilities of the the right of petitioning. This being the case, two Houses” (meaning the two Houses of the Bill of Rights” (meaning the said last- Parliament of this kingdom) “ the differmentioned act of parliament)“is more properly ence will appear so great, as to show the a Bill of Wrongs and of insult; as to what is inconsistency of placing power where there called the Convention Parliament, it” (mean- can be no certainty of the judgment to ing the said Convention of Lords spiritual use it. Wretched as the state of repreand temporal, and Commons herein-before sentation is in England,” (meaning the mentioned) was a thing that made itself, state of representation of the Commons of and then made the authority by which it this kingdom)“ it is manhood compared acted. A few persons got together, and called with what is called the House of Lords themselves by that name; several of them (meaning the Lords spiritual and temporal in had never been elected, and none of them parliament assembled); “ and so little is this for the purpose. From the time of William,” nick-name House” (meaning the House of (meaning the said king William the Third) Lords) “regarded, that the people scarcely

a species of government arose, issuing out inquire at any time what it is doing. It's of this coalition Bill of Rights; (meaning the (meaning the said House of Lords) “ appears said act, intituled, “ An Act, declaring the also to be most under intiuence, and the Rights and Liberties of the Subject, and set- furthest removed from the general interest tling the Succession of the Crown) “ and more of the nation.” And in another part thereso since the corruption introduced at the of, according to the tenor and effect fola Hanover succession” (meaning the succession lowing, viz. • Having thus glanced at some of the heirs of the princess Sophia, electress of the defects of the two Houses of Parand duchess dowager of Hanover to the liament,” (meaning the Parliament of this crown and dignity of this kingdom)“ by the kingdom)“ I proceed to what is called agency of Walpole, that” (meaning the said the crown,” (meaning the crown of this species of government)" can be described by kingdom) upon which I shall be very no other name than a despotic legislation : concise, It” (meaning the crown of this

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kingdom)“ signifies a nominal office of a , for the funeral. Let it then pass quietly to million sterling a year, the business of which the tomb of all other follies, and the mourners consists in receiving the money, whether the be comforted. The time is not very distant person” (meaning the king of this realm) when England will laugh at itself for sending & be wise or foolish, sane or insane, a native to Holland, Hanover, Zell, or Brunswick, for or a foreigner, matters not, every ministry” men,” (meaning the kings of these realms, (meaning the ministry employed by the king born out of the same, who have acceded to of this realm in the administration of the go- the crown thereof at and since the revolution) vernment thereof) “ acts upon the same idea “at the expense of a million a year, who unthat Mr. Burke writes, namely, that the derstood neither her laws, her language, nor people" (meaning the subjects of this king her interest; and whose capacities would dom) “must be hoodwinked and held in su- scarcely have fitted them for ihe office of a perstitious ignorance by some bugbear or parish constable. If government could be Other : and what is called the crown" (mean-trusted to such hands, it must be some easy ing the crown of this kingdom) answers and simple thing indeed; and materials fit this purpose, and therefore it answers all the for all the purposes may be found in every purposes to be expected from it. This is town and village in England.” In contempt more than can be said of the other two of our said lord the king and his laws, to the branches. The hazard to which this office" evil example of all others in the like case of(meaning amongst others the office of king of fending, and against the peace of our said lord this realı) “ is exposed in all countries,” | the king, his crown and dignity. And the (meaning amongst others this kingdom)“ is said attorney-general of our said lord the king, not from any thing that can happen to the for our said lord the king, further gives the man” (meaning the king)“ but from what court here to understand and be informed, may happen to the nation” (meaning amongst that the said Thomas Paine, being a wicked, others this kingdom), “ the danger of its malicious, seditious, and ill-disposed person, comiug to its senses." And in another part and being greatly disaffected to our said sovethereof, according to the tenor and effect fol- reign lord the now king, and to the happy lowing, (that is to say)“ I happened to be in constitution and government of this kingdom, England at the celebration of the centenary and most unlawfully, wickedly, seditiously of the revolution of 1688. The characters of and maliciously devising, contriving, and in William and Mary” (meaning the said late tending to scandalize, traduce, and vilify the king William and queen Mary)" have always late happy revolution, providentially brought appeared to me detestable; the one” (mean about and effected under the wise and pruing the said king William) “ seeking to de- dent conduct of his highness William, hereto stroy his uncle, and the other” (meaning the fore prince of Orange, and afterwards king of said queen Mary)“ her father, to get posses- England, France, and Ireland, and the domision of power themselves; yet as the nation nions thercunto belonging; and the accepwas disposed to think something of that event, tance of the crown and royal dignity of king. I felt hurt at seeing it ascribe the whole re- and queen of England, France, and Ireland, putation of it to a man” (meaning the said and the dominions thereunto belonging, by late king William the Third) “who had under his said highness William, and her highness taken it as a job, and who, besides what he Mary, heretofore prince and princess of otherwise got, charged six hundred thousand Orange, and the means by which the same pounds for the expense of the little fleet that revolution was accomplished, to the happibrought him from Holland. George the First” ness and welfare of this realm ; and to scan(meaning George the First, late king of Great dalize, traduce, and vilify the convention of Britain, &c.) acted the same close-fisted the Lords spiritual and lemporal, and Compart as William the Third had done, and mons, at whose request, and by whose ada bought the Duchy of Bremen with the money vice, their said majesties did accept the said he got from England, two hundred and fifty crown and royal dignity; and to scandalize, thousand pounds over and above his pay as traduce, and vilify the act of the parliament king; and having thus purchased it at the holden at Westminster, in the first year of the expense of England, added it to his llanove reign of their said majesties, king William rian dominions for his own private profit. and queen Mary, intituled, “ an act, declaring In fact, every nation that does not govern it the rights and liberties of the subject, and self is governed as a job : England has been settling the succession of the crown,” and the prey of jobs ever since the revolution.” the declaration of rights and liberties in the And in another part thereof, according to the said act contained; and also the limitations tenor and effect following, (that is to say) and settlements of the crown and regal go“ The fraud, hypocrisy, and imposition of vernment of the said kingdoms and domigovernments” (ineaning, amongst others, the nions, as by law established, and also by most government of this kingdom), “ are now be wicked, cunning, and artful insinuations, to ginning to be too well understood to promise represent, suggest, and cause it to be bethem any long career. The farce of monarchy lieved, that the said revolution, and the said and aristocracy in all count is following settlements and limitations of the crown and that of chivalry, and Mr. Burke is dressing regal government of the said kingdoms and

dominions, and the said declaration of the and effect following, (that is to say) “ This rights and liberties of the subject, were con convention met at Philadelphia in May, 1787, trary to the rights and interest of the sub- of which general Washington was elected jects of this kingdom in general; and that president. lle was not at that time conthe regal government of this kingdom was a nected with any of the state governments, Lyranny; and also by most wicked, cunning, or with Congress; he delivered up his comand artful insinuations, to represent, suggest, mission when the war ended, and since then and cause it to be believed, that the parlia- had lived a private citizen. The convenment of this kingdom was a wicked, corrupt, tion went deeply into all the subjects, and useless, and unnecessary establishment; and having, after a variety of debate and investhat the king, and Lords spiritual and tem- tigation, agreed among themselves upon poral, and Commons, in parliament assem- the several parts of a federal constitution, bled, wickedly tyrannized over and oppressed the next question was the manner of giving the subjects of this kingdom in general; and it authority and practice. For this purto intuse into the minds of the subjects of pose they did not, like a cabal of courtiers, this kingdom groundless and unreasonable send for a Dutch stadtholder or a German discontents and prejudices against our present elector; but they referred the whole matter sovereign lord the king, and the parliament to the sense and interest of the country.” of this kingdom, and the constitution, laws, (thereby meaning and intending that it should and government thereof, and to bring them be believed that a cabal of courtiers had sent into hatred and contempt, on the sixteenth for the said prince of Orange and king George day of February, in the thirty-second year the first, heretofore elector of Hanover, to of the reign of our said present sovereign lord take upon themselves respectively the regal the king, with force and arms at London government of the said kingdoms and do aforesaid, to wit, in the parish of Saint Mary- minions, without referring to the sense and le-Bow, in the ward of Cheap, he, the said interest of the subjects of the said kingThomas, wickedly, maliciously, and sedi- doms.) And in another part thereof, accordtiously did print and publish, and cause to being to the tenor and effect following, (that printed and published, a certain false, scan is to say) “ The history of the Èdwards dalous, malicious, and seditious libel, of and and Henries,” (meaning Edwards and Henries concerning the said late happy revolution, heretofore kings of England)" and up to the and the said settlements and limitations of commencement of the Stuarts,". (meaning the crown and regal government of the said Stuarts, heretofore kings of England) “ exo kingdoms and dominions; and the said act hibits as many instances of tyranny as could declaring the rights and liberties of the sub- be acted within the limits to which the nation ject, and the said declaration of the rights had restricted it. The Stuarts” (meaning and liberties of the subject therein contained, Stuarts, heretofore kings of England) and the hereditary regal government of the deavoured to pass those limits, and their fate said kingdoms and dominions, and also of is well known. In all those instances, we and concerning the legislature, constitution, see nothing of a constitution, but only of government, and laws of this kingdom, and restrictions on assumed power. After this, of and concerning our present sovereign lord another William,” (meaning the said William the king that now is, and of and concerning prince of Orange, afterwards king of England) the parliament of this kingdom, intituled, descended from the same stock, and claim “ Rights of Man, Part the Second, combining ing from the same origin, gained possession" Principle and Practice, by Thomas Paine, (meaning possession of the crown of Eng. Secretary for Foreign Affairs to Congress in land); « and of the two evils, James and the American War, and author of the work, William,” (meaning James the second, hereintituled Common Sense, and the First Part tofore king of England; and the said Wilof the Rights of Man, the Second Edition, liam prince of Orange, afterwards king of London, Printed for J. S. Jordan, No. 166, England) « the nation preferred what it Ficet-street.” In which said libel are con- thought the least; since from circumstances tained, amongst other things, divers false, it must take one. The act, called the Bill of scandalous, malicious, and seditious matters. Rights,” (meaning the said act of parliament, In one part thereof, according to the tenor intituled, “ An Act declaring the Rights and and effect following, (that is to say) “ All he Liberties of the Subject, and settling the Sucreditary government is in its nature tyranny. cession of the Crown") “ comes here into An heritable crown" (meaning, amongst view. What is it” (meaning the said act of others, the crown of this kingdom) " or an parliament last mentioned)" but a bargain heritable throne,” (meaning, amongst others, which the parts of the government made the throne of this kingdom) " or by what with each other to divide powers, profits, and other fanciful name such things may be called, privileges,” (meaning that the said last-menhave no other significant explanation than tioned act of parliament was a bargain which that mankind are heritable property. To in the parts of the government in England made herit a government is to inherit the people, with each other to divide powers, profits, and as if they were focks and herds." And in privileges) “ You shall have so much and I another part thercof, according to the tenor will have the rest. And with respect to the

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