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pass unnoticed the fate of our African notice to any one of what I had said, as I did brethren, for whom he said much had been not wish to have any thing to do in the affair. done by the friends of humanity, yet there We then parted, and fearing I should be still remained much to do; but he hoped the called on, I judged it prudent to bear in my period would soon arrive when they would mind as much as possible; and seldom a day enjoy equal privileges with others now in a passed but I pondered in my mind what at ditterent situation. The defendant spoke of first maile the inost striking impressions, until the night mentioned in bis text in a spiritual my relurn from Exeter; and then, to relieve view, ani observed to his hearers that a night my mind, I committed the substance of what of darkness bad covered their minds, and that I recollected to writing. Satan had tyrannized over them, and kept Did you ever read this sermon?-Not a them in bondage until the knowledge of syllable of it in my life. Jesus Christ had set them free.
You are sure that what you have given in Cross examined by Mr. Serjeant Lawrence.
evidence is the truth?-i am no way in
terested in speaking for the defendant, it is Do you always attend the meeting to hear much against my inclination that I am here, the defendant preach ?-I frequently attend but I came with a determination to speak the when opportunity serves, but not particularly truth, and nothing but what my conscience to hear him.
coincided with. Pray did not the defendant treat of politics Mr. Thomas Coræorthy-Examined by Mr. in his sermon?-He did not, except in the
Dampier. case of the natives of Africa.
Did not the defendant use the word politics? Were you at the meeting in How's-lane, on -Yes; he made use of the word
the 18th of November last?-I was. How did he apply it?-He said, in the Did Mr. Winterbotham preach? - He did. chapter preceding that from which the text Did you hear the whole of the sermon? I was taken the apostle had given us a com did. plete system of Christian ethics, but in the Did Mr. Winterbotham utier the words chapter of which the text was a part, he had laid in the first count?-Some of the words given us a system of Christian politics. were made use of by him; the others are
Pray tell us Mr. Wooton, did not the de- entirely perverted: but I deny, in toto, that fendant speak of France, or of the affairs con Mr. Winterbotham said any thing in his sercerning the French nation ?-He did not, di- mon, in the sense charged in the indictment. rectly or indirectly.
Did Mr. Winterbothamn say that magisterial As the defendant pities the Africans, might powers had been a scourge to the rights and he not speak by way of commiserating the liberties of the people ? -No, he did not, nor distress that prevailed in a neighbouring any thing like it. kingdom-France ?--He might have spoken Did he say that those powers were usurped ? in that manner, but as I am on oath I do not ---No, he did not; he inculcated obedience to Tecollect he gave any person the minutest the magisterial powers. reason to suspect that he adverted or alluded Did Mr. Winterbotham utter these words, to the French in any manner whatever. “ darkness has long cast her veil over the
I believe Mr. Wouton, you have a retentive land?"—No, he spoke of a night, and that in memory, have you not?-It has been ad a religious sense; he said that night had Initted so on other occasions.
overspread the world before the light of the Did you ever make any minutes of this gospel. sermon? - I did
Did he apply the idea of night in a politiWhen did you make those minutes ?-Im- cal sense :-No, he did not use it in a politimediately on my return to Plymouth after at- cal sense. tending the sessions.
Did Mr. Winterbotham make use of the How came you then to make minutes, words charged in the second count?---I deny having made none before ?-To answer this, that altogether. I beg leave to intrude on your patience while Did Mr. Winterbotham say any thing in I relate a circumstance that took place prior his sermon in favour of equality ---No, on to it. Soon after the preaching of this sermon, the contrary, he said that man must be a I had occasion to call at the shop of a Mr. madman or fooi, who had any such concepPearce of Plymouth; he then asked me if I tions either as to property or character. could recollect any part of this sermon. I Did the defendant say any thing in his told him the sermon had made a peculiar im- sermon about the attairs of France --I never pression on my wind, as I thought it so well heard him mention any thing about France; calculated to settle the minds of the people at the only part of his sernion which related to such a time; and on my relating some part of politics, was in his paraphrasing on the eleven the sermon, Mr. Pearce, to my surprise, told preceding verses to the text, which he said me that he believed there would be a neces- contained christian politics. sity to call on me to give evidence, as two
Cross-examined by Mr. Clapp. young men had given information against the sermon: I desired Mr. l'earce to take no Do you constantly attend Mr. Winter
botham's preaching? — sometimes I attend reach of the law, and which, if the testimony Mr. Winterbotham, sometimes others, as I of the witness for the crown was to be relied live at Dock
on, contained expressions worse than the What led you to attend this meeting on the former. The learned judge observed, that it 18th of November ? — Nothing particular was for the jury to determine, what degree of drew me thither.
credit was to be given to this evidence, Did you make any minutes of the sermon? against the unanimous testimony of so many --Yes, I did make minutes of wliat I recol- other persons. Under the circumstances, he lected.
said, he could not think the defendant guilty; When did you make minutes; how long but the jury were to determine for themwas it after the sermon was preached ?-I be- selves -- only they should remember that lieve about a month afterwards.
after the verdict of yesterday, if the defendant What induced you then to make minutes of was again found guilty, it would be his utter it?-It was in consequence of the various opi- ruin. nions about it
Pray did you ever see the defendant's ser The jury desired to withdraw, and after mon.-I never saw or read the sermon. being locked up for five hours and a half, re
How came you to be so particular in your lurned a verdict of Guilty. recollection of this sermon ?-I took particular notice of it, because of the aspersions thrown on it a few days after it was preached
COURT OF KING'S-BENCH. Mr. Serjeant Rooke having replied on the
Thursday, Nov. 21st, 1793. part of the prosecution,
Mr. Baron Perryn proceeded to sum up The counsel for the defendant spoke in mi the evidence: he stated the words laid in the tigation of punishment as to the first trial. indictment, and observed, that two witnesses But with deference to the character of the had been called forward in support of them, learned judge, who presided at the trial, both young men: the testimony of one of begged leave to express their astonishment, these witnesses (Mr. Darby), the learned that he had omitted in his report much of the judge said, they must put out of the question; evidence adduced on the part of the defenfor though, he observed, Mr. Lyne, the dant, in the second. That five or seven other witness, had said, that he did not com witnesses had expressly sworn there was no municate his notes to him for several days, evil tendency whatever in this sermon :-On yet Mr Darby acknowledged that he copied the contrary, that the general tenor of it was his minutes from Mr. Lyne's on the next day to inculcate dutiful submission to the laws, after the sermon was preached; and this is &c.—and that one of the witnesses for the farther corroborated, hy his having given his prosecution repeated the charge in the indictevidence in Mr. Lyne's words; he said, the ment, at the trial, almost word for word, jury must therefore entirely lay aside his tes- saying, he heard that from the defendant's limony; and the support of the charges would mouth, although he admitted he neither rethen rest on the testimony of one youth. collected the words, nor understood another The learned judge then observeil, that on sentence in the whole sermon. Upon these the part of the defendant many respectable and other grounds the learned gentlemen conadult
persons had been examined, persons tended, that had the learned judge before who, he observed, were in the constant whom the cause was tried, reported these habit of attending on the defendant's mi- facts as they appeared in evidence, the Court nistry, and therefore might be supposed to would have felt themselves bound by uniform be better qualified to judge of the doctrines practice to grant the defendant a new trial as he advanced; these, he said, had unani- to the second indictment, even without a mously denied the words laid in the indict- word being said by his counsel. But whatment, and had likewise given a positive evi ever evidence might have been given at the dence of a very contrary nature: they stated trial, and although the learned judge himself the defendant's sermon to breathe nothing strongly inclined to advise the jury to acquit but loyalty, peace, order, and obedience to the defendant, yet they could not travel out the law; this evidence, he observed, would of the report in this stage of the proceeding. be duly weighed and considered by the jury. The Attorney General, and other learned The learned judge farther observed, that it gentlemen on behalf of the prosecution, conhad been admitted on both sides, that the tended that both the convictions were just; defendant was a sensible man; and it was and that the defendant's case was such as extremely improbable that a sensible man, called for exemplary punishment. with a prosecution hanging over his head for Lord Kenyon. He must be committed now a sermon preached on the 5th of November, to Newgate, and brought up the last day but should again preach another sermon on the one of the term. 18th of the same month, which he must The Defendant was accordingly committed knov would again bring him within the to Newgate.
Il'ednesday, November 27.
Defendant. I am conscious, my lord, that
if I had bad the privilege of addressing the The Attorney General prayed the judgment Court, you would not have passed the senof the Court on the defendant Willium lfin tence. terbotham, for preaching two seditious ser Lord Kenyon. If there is any thing more inons in the inonth of November last at to be said upon the case, it must be applied Plymouth,
to the fountain of mercy: whatever is to be The sentence of the Court was, " That for urged must be urged to his majesty ; and it the first offence, he should pay to the king a mercy be fit to be shown, no abuse of situa. fine of 1001., and be imprisoned in the New tion will prevent it from being exercised.-We Prison, Clerkenwell, for two years; and for cannot hear any more: the business of the the second offence, that he should pay a fine Court must be done. to the king of 1001., and be imprisoned in the The Defendant was then conducted to New Prison, Clerkenwell, for two years, to prison. commence at the expiration of the former period; to find surety for his good behaviour for five years, himself in 5001. and two sureties in 2001, each.
I have been favoured by the Rev. Ur. The Defendant then observed, that he Winterbotham with a communication relating hoped he should have had an opportunity of to these proceedings against him; from which addressing their lordships on this case when I extract the following passage, stating the he was before them on a former day, but he manner in which a change of the place of his was prevented then from saying any thing; imprisonment was obtained, and bearing hohe thought that he might without acting un- nourable testimony of his gratitude to the constitutionally, or in a manner inconsistent eminently learned and upright person by with the character of a good subject, who had whose kind co-operation ihat change was sworn to, and was bound to yield obedience effected. to the law, address the Court.-llis want of “ In consequence of an application made information
to Mr. Justice Grose, at chambers, by Mr. Lord Kenyon. What is the tendency of Dampier, one of my counsel, with the conthis address? It was the duty of the Court sent and approbation of the present lord to hear every thing, either what you had to Eldon, then attorney-general--whose polite say for yourself, or your counsel for you, he and humane attention on that occasion will fore sentence was pronounced. It is too late never be erased from my mind,-- between the
You know you might have applied to period of the sentence, and the following the Court before judgment: the Court was Hilary term an alteration of the sentence, so fully inclined to hear every thing that was ne far as to the place of confinement, was obcessary.
tained; and his majesty's gaol of Newgate, Defendant. When the prosecution was at my own request, substituted. This request closed, you immediately ordered me out of was made on the ground of the disposition court, iny lord.
and conduct of the gaoler, and the inconveLord Kenyon. The Court, by my organ, niences of the prison, which did not admit ordered you out when the business was of my separation from felons without sudover.
mitting to his extortion."
581. Proceedings on the Trial of an Indictment against THOMAS
BRIELLAT for Seditious Words. Tried at the Sessions House,
The Indictment found in October Session words following, that is to say, we (meaning
the malicious, seditious, and inflammatory last, stated— Count 1st.
the people of this realm) have no occasion THAT Thomas Briellat, of the parish of St. for kings (meaning any kings of this realm). Leonard, Shoreditch, in the county of Mid- In contempt, &c. to the evil and pernicious dlesex, pump-maker, being a malicious, sedi- example, &c. and against the peace, &c. tious, and ill-disposed person, and wickedly and 'seditiously devising and intending to
Count 3rd. move and incite the liege subjects of our said That the said Thomas Briellat, so being lord the king to hatred and dislike of the such person as aforesaid, and so devising and constitution of the government of this realm, intending as last aforesaid, on the same day and to cause the said subjects to wish for, and and year aforesaid, at the parish aforesaid, in to endeavour to procure a subversion of the the county aforesaid, in a certain conversasaid constitution, on the 17th day of October, ion, which he the said Thomas Briellat, then in the thirty-third year of the reign of our and there had and held, of and concerning said lord the king, at the parish aforesaid, in the power and office of a king of this realm, the county of Middlesex, aforesaid, in a cer- among others in the presence and hearing of tain copversation which he the said Thomas divers liege subjects of our said lord the king, Briellat, then and there had and held, of and unlawfully did utter, publish, and declare with concerning the constitution of the govern- a loud voice, the malicious, seditious, and inment of this realm, in the presence and hear- fiammatory words following, that is to say, ing of divers liege subjects, of our said lord there never will be any good times until all the king, unlawfully and seditiously did utter, kings (meaning, among others the king of publish, and declare with a loud voice, the this realm) are abolished from the face of the malicious, seditious, and inflammatory words earth. In contempt, &c. to the evil and perfollowing, that is to say, a reformation (mean- nicious example, &c. and against the peace, ing a reformation in the government of this &c. realm) cannot be effected without a revolu
Count 4th. tion (meaning a subversion of the constitution of the government of this realm) in con
That the said Thomas Briellat, so being
such tempt of our said lord the king and his laws, person aforesaid, and so devising and to the evil and pernicious example of all others intending as last aforesaid, on the same day peace of our
said lord the king, his crown, which he the said Thomas Briellat, then and in the like case offending, and against the and year aforesaid, at the parish aforesaid, in
the county aforesaid, in a certain conversation and dignity.
there, had and held, of and concerning the Count 2nd.
office and power of a king of this realm among That the aforesaid Thomas Briellat being other things, in the presence and hearing of such person as aforesaid, and wickedly and divers liege subjects of our said lord the king, seditiously devising and intending to move unlawfully and seditiously did utter, publish, and incite the liege subjects of our said lord and declare with a loud voice, that there the king, to hatred and dislike of our said never would be any peace until all the kings lord the king, and of the regal power and (meaning among others the king of this office established by law within this realm, realm) were abolished, in contempt, &c. to and to cause the said subjects to wish for, and the evil and pernicious example, &c. and to endeavour to procure the abolition of the against the peace, &c. said power and office, on the same day and
Count 5th. year aforesaid, at the parish aforesaid, in the county aforesaid, in a certain conversation, That the said Thomas Briellat, so being which he the said Thomas Briellat, then and such person as aforesaid, and so devising and there, had and held, of and concerning the intending as last aforesaid, on the same day people of this realm, and the constitution of and year aforesaid, at the parish aforesaid, in the government thereof, in the presente and the county aforesaid, in the presence and hearing of divers liege subjects of our said hearing of divers liege subjects of our said lord the king, unlawfully and seditiously did lord the king, unlawfully and seditiously did utter, publish, and declare with a loud voice, utter, publish, and declare with a loud voice,
the malicious and seditious words following, * Taken in short-hand by Ramsey. that is to say, there never will be any peace
or good times until all kings (meaning amons, carried on between our said lord the king, others the king of this realm) are abolished and the persons exercising the powers of cofrom the face of the earth. In contempt, &c.vernment of France; that is to say, at the to the evil and pernicious example, &c. and parish aforesaid, in the county aforesaid, and against the peace, &c.
ihat the aforesaid Thomas Briellat so being
such person aforesaid, and being greatly disCount 6th.
affected to our said lord the king and his adThat the said Thomas Briellat so being ministration of the government of this realın, such person as aforesaid, and so devising and and wickedly and maliciously devising and inintending as last aforesaid, on the same day tending to move and incite the liege subjects and yeur aforesaid, at the parish aforesaid, in of our said lord the king to hatred and dislike the county aforesaid, unlawfully and sedi- of our said lord the king and of his administiously in the presence and hearing of diverstration of the government of this realm on liege subjects of our said lord the king, did the same day and year aforesaid, and during utier, publish, and declare with a loud voice, the existence of the said war, at the parish that there never would be any peace until ali aforesaid, in the county aforesaid, in the prekings (meaning among others the king of this sence and hearing of divers liege subjects of realm) were abolished. In contempt, &c. to our said lord the king, unlawfully and sedi. the evil and pernicious example, &c. and tiously did utter, publish, and declare with a against the peace, &c.
loud voice, the malicious, seditious and in
Aammatory words following, that is to say, I Count 7th.
(meaning himself the said Thomas Bricllat) That the said Thomas Briellat, so being wish the French would land one hundred such person as aforesaid, and so devising and thousand men in England to fight against intending as last aforesaid, on the same day the government party. In contempt, &c. to and year aforesaid, at the parish aforesaid, in the evil and pernicious example, &c. and the county aforesaid, in a certain conversa- against the peace, &c. tion, which he the said Thomas Briellat, then
Count 10th. and there, had and held, of and concerning the power and office of a king of this realm That the aforesaid Thomas Briellat, so beamong others, in the presence and hearing of ing such person as aforesaid, and devising and divers liege subjects of our said lord the king, intending as last aforcsaid, on the same day unlawfully and seditiously, did utter, publish, and year aforesaid, and during the existence and declare with a loud voice, the malicious, of the said war, at Hackney aforesaid, in the seditious, and inflammatory words following, county aforesaid, in the presence and hearing that is to say, it is my (meaning his own the of divers liege subjects of our said lord the said Thomas Briellat) wish that there were no king, unlawfully and seditiously did utter, kings at all (meaning thereby, and being un- publish, and declare with a loud voice, thai derstood to mean, that he the said Thomas he the said Thomas Briellat, wished the Briellat, wished that there was no king of French would land in England, to fight this realm among others). In contempt, &c. against the government party. In contempl, to the evil and pernicious example, &c. and &c. to the evil and pernicious example, &c. against the peace, &c.
and against the peace, &c. Count 8th.
Count 11th. That the said Thomas Briellat, so being
That the aforesaid Thomas Briellat, so such person aforesaid, and so devising and intending as last aforesaid, on the same day and intending as last aforesaid, on the same
being such person as aforesaid, and devising and year aforesaid, at the parish aforesaid, in day and year aforesaid, and during the exthe county aforesaid, in a certain conversation, which he the said Thomas Briellat, then said, in the county aforesaid, in the presence
istence of the said war, at the parish aforeand there, had and held, of and concerning and hearing of divers liege subjects of our the power and office of a king of this realm, said lord the king, unlawfully and seditiously among others, in the presence and hearing of did utter, publish, and declare with a loud divers liege subjects of our said lord the king, voice, that he the said Thomas Briellat, unlawfully and seditiously did utter, publish, wished that the French would land one hunand declare with a loud voice, that it was the dred thousand men in England. In conwish of him the said Thomas Briellat, that tempt, &c. to the evil and pernicious examthere were no kings at all (meaning thereby and being understood to mean no king of this ple, &c. and against the peace, &c. Plea,
. realm among others). In contempt, &c. to the evil and pernicious example, &c. and
Counsel for the Crown_Mr. Silvester (Comagainst the peace, &c.
mon Serjeant of the City of London); Mr. Count 9th.
Baldwin, That on the same day and year aforesaid, Solicitors — Messrs. Chamberlayne and an open and public war was prosecuted and White, Lincoln's-inn.