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private company, and what he meant by | from the words he used, he should rather supa Equality, he said, ' why no king :' and being pose he was in liquor, but I do believe he perasked whether he meant to apply that obser- fectly understood what he said. vation to this country, he said : Yes, Equality The next witness was Paul Savignac, who here; no king, the constitution of this coun- gives you the same account of the introductry is a bad one.' These, Gentlemen, are the tion of Mr. Frost into the coffee-house, and words which the present defendant is called repeats to you in pretty much, if not exactly upon by this prosecution to answer for the the same terms, the words that were used, I uttering of. Gentlemen, each of the learned am for equality and no king. Mr. Savignac counsel, in their turn, have appealed to cer- then says, he was asked if he meant equality, tain passages from the works of a most learned and no king in this country, and he says, Yes, and excellent judge, I mean the late sir there ought to be no kiug. Michael Foster. It is enough for me to say, The next witness who was called, Mr. Yatthat no passage that has been selected froin man, I think, repeats in pretty much the same that book, applies directly to the question manner. And then Mr. Bullock comes, who before us; but the question there was, whether put down the words as they occurred to him words could be high-treason, or whether they soon after, which he wished to be signed by could constitute an offence under an act of the persons in the room, but it was not parliament, made in the reign of queen Anne, signed. which subjected the party to the penalties of Gentlemen, This is the evidence on the præmunire, which are grievous indeed, -I part of the prosecution. It has been observed think the loss of all his property and impri- to you that these words were uttered at a sonment; but it never can be said in any critical time in the country, and Gentlemen, system of laws, which mean to prevent mis- | I have the highest authority, I think, when I chief, that factious and seditious words tending appeal to the works of Mr. Justice Foster, to subvert the government, are not the sub-though upon this occasion, I have not looked ject matter of inquiry in a criminal court of into them, not knowing what the words were, justice; it never has been said, I believe it nor what the nature of the prosecution was. never will. The only question that has been But I think he states that words might bear made, is, how far they can constitute the different meanings, according to the season in crime of high treason, or how far they can sub- which they were spoken, and that those words ject the parties to the penalties of that sta- were deemed high treason in the time of king tute. If these words were spoken, if they were Charles, when the mob were round the house spoken in a connexion which tends to explain of the archbishop of York, which might not them, and to do away the prima fucie, obvious have been so applied if they had been spoken intention of them,- I say, if they were spoken in other times. in a context which tends to explain them, and Gentlemen, What the times were, every show they were inoffensive words,-let the individual in the country, who is capable of context be received, let the favourable con- thinking, has formed his judgment upon; struction be put upon them; but if in your that there was a vast number of the mass of opinion there is no context to explain them, those people who had nothing to do with miit is your duty undoubtedly, by weighing and nistry, and who knew nothing of ministry, deliberating upon the question, to decide as and who cared nothing about ministry; that your judgmeni shall lead you.
though the times were perilous, that great Now the first question is how far the words dismay had scattered itself all over the counhave been spoken, and in order to prove that try, one has learned from the resolutions, and they have been spoken, four witnesses have from every individual one has conversed with, been called.
there are those who thought otherwise, and The first was Mr. Taitt, who gives an ac- there might be some perhaps who might recount of his being at the Percy coffee-house, joice in the confusion of the country, some and Mr. Frost coming down there, and in the people perhaps might. It is not necescoffee-house being asked by Mr. Yatman, sary for me to express my opinion upon what news from France, and answering all the occasion, but undoubtedly, if you think was going on well there, he then said, I am those words were spoken in seasons, when for Equality; this he repeated in a very loud seditious words might be the fore-runners of tone of voice; he got off his seat and asked seditious acts, and that men's spirits were inhim who he was; Mr. Yatman said, this is flamed, and might from small beginnings take Mr. Frost; upon which Mr. Taitt says, he fire, and might be brought into action, it adds asked him how he dared utter those words? most immensely to the criminal construction he still continued I am for equality and no you ought to put upon the words: but, genking; Yatman asked him if he meant no tlemen, it is not for us to penetrate with abking in this country? he said Yes, no kings, solute certainty into the hearts of men, that the constitution of this country is a very bad is the business of the great Disposer of all one. He was asked upon the cross-examina- things, and the judge of men; but we have tion, whether the man appeared to him to be an opportunity of judging from overt acts, sober or in liquor ? he says he did not know whether guilt belongs to them or not. If any him before, he did not know his manners, but reason can be assigned why those words were
used, let the reason be assigned, and let a fa- | that the constitution of this realm was bad. vourable construction be put upon what is These are the words, that are alleged to assigned as the reason; but without any clue have been spoken by you. That constitution to lead us, without any thing but the words which you have thus attempted to traduce expressed in the terms which I have stated to and vilify, was planned by wiser heads and you, we must from those premises draw our better hearts than your's; it has stood the conclusion. I am sorry for the individual test of ages, and I trust, it is out of the reach who is subject to criminal law, for no man re of your malice, or of any man of such descrip joices in the punishment of another ; but pu- tion as yourself; but though that be the case, nishment is inflicted as an example to the it does not from thence follow, that you are sons of men, that they may err in that course to be suffered to vent your malice against it, to which they see conviction and punishment however impotent, with impunity. The words annexed.
which you have uttered, argue a malignity of Gentlemen, it is for you in this case to do heart, and it stands in need of correction, and justice between the public, carrying on the shows, that if you had the power, your incliprosecution by the attorney-general, and the nation is ripe for any mischief against your individual. If the question hangs in even king, your country, and the constitution. scales, inclination must be on the side of One might have expected, that being so lately mercy; but if you find the whole evidence, returned from France, it must decidedly have and the great gist of the argument in favour convinced you of the superior advantages to of the prosecution, you are bound to discharge be derived from a free constitution, and of your duty to God and your country, and pro- that safety and protection which all his manounce him guilty of the offence. It is with jesty's subjects experience under its happy you to consider.
influence, when compared with that universal
anarchy and confusion with which that unforThe Jury, not being agreed, retired from tunate country is overrun ; but there may, the court about twelve o'clock, to consider of perhaps, be too much reason to suspect, that their verdict, and returned into court about you did not go into that country with any half past one o'clock, and delivered in their view of bringing back any good and wholesome verdict to the court, that the defendant was lesson to your countrymen. It has been said guilty.
in excuse for you, that you were in liquor at
the time you uttered these words, that excuse On Wednesday morning, June 19, 1793, was not proved; the words are laid to be Mr. Frost attended to receive the judgment advisedly and seditiously spoken, and the of the Court. Mr. Erskine addressed the jury have found them to be so. At best it is Court shortly in mitigation of the punish- a bad excuse, that one crime should be alleged ment. Mr. Attorney-general prayed the sen as an excuse for another tence of the Court, with great mildness and candour, submitting the whole matter to the * With respect to the plea of drunkenness judgment of the Court, without praying any as a palliation of the offence, see in this Col. specific punishment.
lection tlie case of lord Cornwallis, Vol. VII. Mr. Justice Ashhurst then pronounced the p. 150; Dammaree's Case, Vol. XV. p. 604; judgment of the Court as follows:
Purchase's Case, Vol. XV. p. 690. Alexander John Frost, you have been convicted upon Stewart's Case, Vol. XVII. pp. 795, et seq.: an indictment preferred against you, for pub- the Case of Maclauchlan, p. 1002, and of licly speaking several scandalous and seditious Goodere and others, p. 100s of the same words, tending to lessen in men's minds, that volume. N. B. In the Recorder's speech to love and veneration which every honest and the prisoners (Goodere and others] on passgood man ought to entertain for our wise and ing sentence upon them, there is a gross mishappy constitution, and likewise to withdraw print: “If drunkenness could be admitted as the affections of his majesty's subjects from an excuse for crimes of this nature, this his majesty's royal person and government, I would be no world then of virtue and and to stir up their minds against all kingly sobriety.' (Vol. XVII. p. 1092.) For then power.
read for men. The recorder (Mr. Justice The words that are laid in the indictment, Foster hath made this correction in the as spoken by you, are these, “ I am for equa- printed copy which belonged to him. Vide lity; I see no reason why any man should Dodson's Life of Foster, p. 12, edit. of 1811, not be upon a footing with another, it is every note See also, in addition to the authors man's birth-right.” And the indictment fur- already referred to in the above-mentioned ther states, that being asked by some of the cases, Hale's P. C. 32. Eden's Principles of persons then present, how you dared to hold Penal Law, c. 18. s. 6, and the authorities such sentiments in any public or privale com-collected in Plowd. 19, cit. 4 Bl. Comm. 25. pany, and what you meant by equality? you “ Is not a man drunk and sober the same replied, “Why, no kings;" and being further person, why else is he punished for the fact asked, if you meant no king in this country? he commits when drunk, though he be never you said, “ Yes, no king; the constitution of afterwards conscious of it? Just as much the this country is a bad one," meaning thereby same person, as a man that walks, and does
There is another circumstance, which is an | two; and that after the expiration of your in. aggravation of your crime, which is from the prisonment, you do find sureties for your good situation of life in which you are as an attor- behaviour for the space of five years, yourself ney you must have taken the oaths of alle. in 500l. and your two sureties in 1001. each; giance to the king; these words that you have and that you be further imprisoned until such uttered, show, in your conduct and your car- sureties be found. riage, how very little regard you have paid to Lord Kenyon.--And also struck off the roll the oaths you have taken; that therefore is a of attornies of this Court. high aggravation of your offence.
The Court have taken all these circumstances into their consideration, and upon In a periodical publication for the month of Inature deliberation, the sentence of the Court June, 1793, I find the following passage : isThat you be imprisoned in his majesty's “ It is somewhat remarkable that as one gaol of Newgate for six calender months,* and of the witnesses against Mr. Frost was waiting thal during that time you do stand in and to hear sentence passed, he was seized with upon the pillory at Charing-cross for the space an apoplectic fit. By order of lord Kenyon of one hour, between the hours of twelve and he was carried into the Court of Requests for
the benefit of the air; he remained there some other things in his sleep, is the same person, time in violent convulsions : amongst the and is answerable for any mischief he shall persons who collected about tim was Mr. do in it. Human laws punish both, with a Frost, who disregarding the agony he was in, justice suitable to their way of knowledge; upbraided him, and declared, that divine venbecause in these cases they cannot distinguish geance was hurled on his guilty head.” certainly what is real, what counterfeit: and
It appears that in December, 1813, Mr. so the ignorance in drunkenness or sleep, is Frost received from his royal highness the not admitted as a plea. For though punish- Prince Regent, acting in the name and on the ment be annexed to personality, and per- behalf of the King, a free pardon, in consesonality to consciousness, and the drunkard quence of which, on February 8, 1815, the perhaps be not conscious of what he did ; yet court of King's-bench was moved, that his human judicatures justly punish him, because name should be replaced on the Roll: but, by the fact is proved against him, but want of the Court : Though the pardon releases him consciousness cannot be proved for him. But from all the effects of the sentence upon him, in the great day, wherein the secrets of all it does not necessarily follow that he must be hearts shall be laid open, it may be reasonable replaced on the roll of attornies; more parto think, no one shall be made to answer for ticularly as want
of practice and experience in what he knows nothing of; but shall receive the profession for one or two and twenty his doom, his conscience accusing or excusing years must have induced a degree of unfitness him." Locke's Essay concerning Human for the employment, which could not be supUnderstanding, book 2, ch. 27, s. 22. See posed to attach to an attorney on his first apalso on this subject the letters from Mo- plication to be placed on the rolls. Motion lyneux to Locke, December 23, 1693; Locke refused. to Molyneux, January 19, 1694, Molyneux to Locke, February 17, 1694; Locke to Moly [I have accidentally omitted in pp. 502, neux, May 26, 1694.
503, to subjoin to the extract from Burke, a * December 19, 1793. Between eleven and reference to his Works; the passage will be twelve, Mr. John Frost was brought out of found in his Speech at Bristol, previous to the Newgate, and placed in a coach, apparently Election, 1780.-Works, vol. 3, pp. 390, 391.] very feeble, and rolled in blankets. Mr. Kirby, the keeper, accompanied him to the streets, stopping at every marked place, partihouse of Mr. Justice Grose, in Bloomsbury- cularly St. James's palace, Carleton House, square, where he, with two sureties, entered Charing-cross, &c. to shout and express their into the recognizance required by his judg. joy; and in this state they conducted him to ment for his keeping the peace. He was then his own house in Spring-gardens, where Mr. discharged out of custody. As soon as he Thelwall made a speech, and intreated them was at liberty, the multitude took the horses to separate peaceably, which they accordingly out of the carriage, and drew him along the did. Ann. Reg. Chron.
576. Proceedings in the Court of the Vice Chancellor, and in the
Court of Delegates, in the University of Cambridge, and in the Court of King's Bench, Westminster, in the Case of WilLIAM FREND, Clerk, M. A. for writing and publishing a scandalous Book or Pamphlet intituled, « Peace and Union recommended to the Associated Bodies of Republicans and AntiRepublicans.” 33 & 34 GEORGE III. A. D. 1793, 1794.*
On Saturday the ninth of February, 1793, T. Kipling, * D. D. Dep. Regius Prof. of the following Advertisement appeared in the Divinity Cambridge Chronicle.
J. Jowett, LL. D. Tutor of Trin. Hall, and “ In the press, and in the course of next Regius Professor of Civil Law week will be published, Peace and Union re- W. Mathew, LL. B. President of Jesus commended to the Associated Bodies of Re- J. Plampin, M. A. Tutor of Jesus publicans and Anti-Republicans, by William J. Costobadie, M. A. Frend, M. A. Fellow of Jesus College." T. Bayley, M. A. Fellows of Jesus
On the next Saturday, a second Advertise- T. Castley, M. A. ment appeared, stating, that the Pamphlet J. Mainwaring, B. D. Margaret Prof. of was published.
Divinity Soon after the publication, the following P. Douglas, B. D. Tutor of Bene't. members of the Senate waited upon the vice- T. Lloyd, M. A. Tutor of King's chancellor at different times, to express their E. Kilvington, M. A. Fellow of Sidney, disapprobation of the Pamphlet, and their E. Outram, M. A. Lecturer of St. John's wish, that such notice should be taken of the W. Walker. M. A. Fellow of St. John's author's offence, as might best declare the A. Frampton, M. A. Lecturer of St. John's censure of the University:
R. Belward, M. A. W. Wade, B. D. Fellow of St. John's
w. Walford, M. A. } Tutors of Caius Geo. Whitmore, B. D. Tutor of St. John's
E. Bradford, B. D. Tutor of Benet
R. Glynn, M. D. Fellow of King's
W. Pugh, M. A. Fellows of Trin. Coll. “ The proceedings of the two courts are R. Ramsden, M. A. given from official papers received from the re- R. Tillard, M. A. Fellow of St. John's gistrary and bedell, and notes taken down by F. J. H. Wollaston, M. A. Tutor of Trinity Mr. Lambert. Mr. Frend's speech was written Hall, and Jacksonian Professor down by himself a few days after the delivery of it, and though his memory is not very tena In consequence of these applications, the cious, he has been enabled by the notes of Mr. vice-chancellor on the fourth of March, deLambert to give not only the order and lead- sired all the above gentlemen to attend him at ing ideas, but in general the very expressions his lodge, where he informed them, that, used. The reader will naturally make allow. being called upon by so many respectable ances for a composition confined to the rules persons, he should now think it his duty to of speaking, not of writing, two very different proceed against the author of the Pamphlet, things, and recollect that the latter is to the in such manner as might be thought advisformer what an engraving is to a picture.”. able. Being asked, " whether he meant in
These two reports do not differ materially; such manner, as might appear advisable to -however the account now presented to the that meeting;" he answered, “No; but in public of this most curious and interesting such manner as should be advisable on the case is compiled from both, after a caretiul whole”—but added, “ that he was very ready and minute examination of their respective contents. Mr. Frend's speech is given ver * Now (1816] Dean of Peterborough, , batim from his own report of it.
+ Now lord Bishop of Bristol.
to hear, what they might think proper to be G. Whitmore F. J. H. Wollaston done;" and left them in the rooin to consult | Wm. Easton
G. King together. The following resolution was then Henry Jowett G. Gordon unanimously agreed to, and deposited with W. Mathew
W. Wilson the vice-chancellor.
E. Kilvington members of the University of Cambridge, J. Smith
W. Walker that William Frend, Master of Arts, and P. Douglas
W. Pugh Fellow of Jesus College, be prosecuted in the J. Wood
E. Outram vice-chancellor's court, for having publicly and T. Salmon notoriously offended against a grace passed by the senate of this University in the year prosecution drew up an accusation against
On a subsequent day the managers of the 1603 : and that the following gentlemen be a
Mr. Frend; which was delivered to the vicecommittee to manage the said prosecution, viz. Dr. Kipling, Dr. Jowett, the Margaret Pro- chancellor; Dr. Kipling requested at the fessor of Divinity, the Public Orator, and moned into the vice-chancellor's
court, to an
same time, that Mr. Frend might be sumthe reverend Mr. Belward, Fellow of Caius
swer to the charge. College. T. Kipling
Mr. Frend was accordingly summoned to
appear in the vice-chancellor's court, to be J. Jowett J. Mainwaring
held in the law-schools, on Friday the 3rd of
May, at ten o'clock in the forenoon,
To John Beverley, William Mathew, and W. Mathew T. Lloyd
Henry Gunning, esquire bedels of the E. Bradford R. Ramsden
university of Cambridge, or their lawful J. Oldershaw A. Frampton
deputy or deputies. W. Walford E. Kilvington
Summon William Frend, master of arts, W. Wade E. Outrain
and fellow of Jesus college in the university J. Plampin R. Tillard
of Cambridge, to appear before me, or my H. Jowett W. Pugh
lawful deputy, and my assessors, at my next J. Smith W. Walker
court, to be held in the law-schools in CamJ. Costobadie
F.J. H. Wollaston bridge, on Friday the 3rd day of May next, J. Wood W. Easton
between the hours of ten and eleven in the Thos. Salmon W. Wilson
forenoon of the same day, in a certain cause H. Greene
of office promoted by the reverend Thomas
Kipling, doctor in divinity, and member of On the Friday following, the five gentle the said university, the said cause of office or men, who had been desired to undertake the matter of complaint arising within the jurismanagement of the prosecution, met to draw diction of the said university ; then and there up an accusation against Mr. Frend, to be to answer to an accusation laid before ine, in lodged with the vice-chancellor. But, on
which the said William Frend is charged with considering the forms and precedents of the having violated the laws and statutes of this vice-chancellor's court, they found, that it had university (particularly the statute de Connot been usual for the accuser to dictate to cionibus) by publishing and causing to be disthe Court, under what particular statute the persed, within the said university, a certain fore thought necessary, that they should call a pamphlet, intituled “ Peace and Union recomsecond general meeting; which was accord-mended to the Associated Bodies of Republi
cans and Anti-Republicans,” of which doctor ingly done: and on the 11th of March, the Kipling, the above-mentioned promoter of this following resolution passed unanimously:
cause, affirms him to be the author, and in Cambridge, 11th March, 1793. which, according to the accusation of the said “Agreed, that the following words in the doctor Kipling, religion, as established by pubresolution made last Monday, viz. “ against
lic authority within this realm, and also all a Grace passed by the senate of this univer- ecclesiastical ranks and dignities are impugnsity, in the year 1602" be rescinded, and that ed; and so from court day to court day until in lieu of them be substituted these words, the said cause be ended, and further to do
and receive as to law and justice shall apperviz. “ against the laws of the university."
tain. Hereof fail not at your peril. Given T. Kipling
under my hand and seal, at Queen's college, J. Jowett
Cambridge, this 23rd day of April, in the J. Mainwaring
year of our Lord 1793, W. L. Mansel
(Signed) I. MILNER, (L. S.) R. Belward