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Itednesday, Nocember 27.

Defendant. I am conscious, my lord, that

if I had had the privilege of addressing the The Attorncy General prayed the judgment Court, you would not have passed the senof the Court on the defendant William Min- tenice. terbot ham, for preaching two seditious ser- Lord Kenyon. If there is any thing more mons in the month 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 if 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 oftence, that he should pay a fine Court must be done. to the king of 1001,, and be imprisoned in the The Difendant 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 500l. 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 Mir. 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 now. 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 sulte over,

mitting to his extortion."

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591. Pros

581. Proceedings on the Trial of an Indictment against TAOMAS

BRIELLAT for Seditious Words. Tried at the Sessions House,
Clerkenwell Green, December 6: 34 Geo. III. A. D. 1793.*

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

Count 3rd. and seditiously devising and intending to 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 conversation 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- Aammatory words following, that is to say, ing of divers liege subjects, of our said lord there never will be any good times until ali 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 tempt of our said lord the king and his laws, such person aforesaid, and so devising and to the evil and pernicious example of all others intending as last aforesaid, on the same day in the like case offending, and against the and year aforesaid, at the parish aforesaid, in peace of our said lord the king, his

crown,

the county aforesaid, in a certain conversation and dignity.

which he the said Thomas Briellat, then and

there, had and held, of and concerning the Court 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

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or good times until all kings (meaning among others the king of this realm) are abolished from the face of the earth. In contempt, &c. to the evil and pernicious example, &c. and against the peace, &c.

Count 6th.

That the said Thomas Briellat so being such person as aforesaid, and so devising and intending as last aforesaid, on the same day and year aforesaid, at the parish aforesaid, in the county aforesaid, unlawfully and seditiously in the presence and hearing of divers liege subjects of our said lord the king, did utter, publish, and declare with a loud voice, that there never would be any peace until all kings (meaning among others the king of this realm) were abolished. In contempt, &c. to the evil and peruicious example, &c. and against the peace, &c.

Count 7th.

That the said Thomas Briellat, so being such person as aforesaid, and so devising and intending as last aforesaid, on the same day and year aforesaid, at the parish aforesaid, in the county aforesaid, in a certain conversation, which he the said Thomas Briellat, then and there, had and held, of and concerning the power and oflice of a king of this realm among others, in the presence and hearing of divers liege subjects of our said lord the king, unlawfully and seditiously, did utter, publish, and declare with a loud voice, the malicious, seditious, and inflammatory words following, that is to say, it is my (meaning his own the said Thomas Briellat) wish that there were no kings at all (meaning thereby, and being understood to mean, that he the said Thomas Briellat, wished that there was no king of this realm among others). In contempt, &c. to the evil and pernicious example, &c. and against the peace, &c.

Count 8th.

That the said Thomas Briellat, so being such person aforesaid, and so devising and intending as last aforesaid, on the same day and year aforesaid, at the parish aforesaid, in the county aforesaid, in a certain conversation, which he the said Thomas Briellat, then and there, had and held, of and concerning the power and office of a king of this realm, among others, in the presence and hearing of divers liege subjects of our said lord the king, unlawfully and seditiously did utter, publish, and declare with a loud voice, that it was the wish of him the said Thomas Briellat, that there were no kings at all (meaning thereby and being understood to mean no king of this realm among others). In contempt, &c. to the evil and pernicious example, &c. and against the peace, &c.

Count 9th.

That on the same day and year aforesaid, an open and public war was prosecuted and

carried on between our said lord the king, and the persons exercising the powers of government of France; that is to say, at the parish aforesaid, in the county aforesaid, and that the aforesaid Thomas Briellat so being such person aforesaid, and being greatly disaffected to our said lord the king and his administration of the government of this realm, and wickedly and maliciously devising and intending to move and incite the liege subjects of our said lord the king to hatred and dislike of our said lord the king and of his adminis tration of the government of this realm on the same day and year aforesaid, and during the existence of the said war, at the parish aforesaid, in the county aforesaid, in the presence and hearing of divers liege subjects of our said lord the king, unlawfully and seditiously did utter, publish, and declare with a loud voice, the malicious, seditious and inflammatory words following, that is to say, I (meaning himself the said Thomas Briellat) wish the French would land one hundred thousand men in England to fight against the government party. In contempt, &c. to the evil and pernicious example, &c. and against the peace, &c.

Count 10th.

That the aforesaid Thomas Briellat, so being such person as aforesaid, and devising and intending as last aforesaid, on the same day and year aforesaid, and during the existence of the said war, at Hackney aforesaid, in the county aforesaid, in the presence and hearing of divers liege subjects of our said lord the king, unlawfully and seditiously did utter, publish, and declare with a loud voice, that he the said Thomas Briellat, wished the French would land in England, to fight against the government party. In contempt, &c. to the evil and pernicious example, &c. and against the peace, &c.

Count 11th.

being such person as aforesaid, and devising That the aforesaid Thomas Briellat, so and intending as last aforesaid, on the same day and year aforesaid, and during the exsaid, in the county aforesaid, in the presence istence of the said war, at the parish aforeand hearing of divers liege subjects of our said lord the king, unlawfully and seditiously did utter, publish, and declare with a loud voice, that he the said Thomas Briellat, wished that the French would land one hundred thousand men in England. In contempt, &c. to the evil and pernicious example, &c. and against the peace, &c. Plea,

NOT GUILTY.

Counsel for the Crown-Mr. Silvester [Common Serjeant of the City of London]; Mr. Baldwin.

Solicitors Messrs. Chamberlayne and White, Lincoln's-inn.

Counsel for the Defendant-Mr. Felix Vaughan, Mr. Gurney.

Solicitor-Mr. Martin, Richmond-buildings,

Soho.

Thomas Lingham
Francis Sellars
William Collins
Thomas Alexander
James Dukes

Golden Cock

JURY.

Stephen Skelton
William Cornelius
Jarvis Buck
George Sanderson
John Langfield
William Dennis.

| hand-bills on purpose to excite sedition every where, that the good citizens were obliged to meet for the purpose of associating themselves together, to resist all levellers, and all persons who would wish to overturn the government. At that time he went to the house of a Mr. Goodman, and there he made use of the expressions stated in this indictment; the publican was exceedingly offended at it, but he did not at that moment stand forward to give evidence to the magistrate, because he thought, perhaps, that upon mature reflection, Mr. Briellat would not offend against the laws of his country, he wished that the public should not know that in a neighbourhood near Spitalfields, where there are so many manufacturers, many of them at this time out of bread, ripe for any thing, and who might get something by confusion, when they could not get bread by their honest labour; he did not mention it till the 24th of last month, when by the artifice of Mr. Briellat and others, it was publicly spread abroad, that a meeting was to be held in his premises and field in the Hackney-road, where they boasted that they would have thousands of persons to come, whose sense they were to take upon the propriety of a reform and upon the idea of a reformation. The moment Mr. Goodman heard this, his fears were alarmed; he recollected as every one of us must reGentlemen, the next set of words are, that, collect, that in the year 1780 a number of men, he wishes there were no kings in this coun--religious men,-associated together called try. Why, gentlemen, the wishing to anni. hilate any one part of our happy constitution would, in effect, destroy the whole.

Mr. Silvester. Mr. Chairman;* May it please you, Sir, and you gentlemen of the jury. This is an indictment against the defendant at the bar for speaking many seditious and inflammatory words. You have heard them particularly read to the prisoner, and a more inflammatory set of words could not be got together by the wickedest subject of this kingdom. It first of all states, that he said, there could be no reformation without a revolution; that is to say, whatever grievances there might be of ever so small a nature, in the government of this country, it was necessary to overturn that government, and destroy the power which exists now, under which we so happily live, and enjoy the protection of our property, and every thing that is dear to us.

Gentlemen, the next set of words is, that he wished that ten thousand men of our bitterest enemies would land in this country. Can there be a worse subject existing than the man who could harbour these ideas in his breast for a single moment? Would not government, or those persons employed under the government to protect our lives and liberties, have neglected their duty if they had not brought such a man forwards, for your decision to determine the question, whether he did or did not speak these words?

Gentlemen, that is the only question you have to try, whether that man at the bar spoko any of the words alleged in this indictment; and what will you say gentlemen, when I tell you that that man is a man of property, is a man in a situation of life to have influence in his neighbourhood. The defendant is a man following the trade of a pump-maker, possessed of land and houses, which he enjoys under the protection of the law. Gentlemen the words spoken were mentioned at a time when there was much fear in this great city, that those persons who wished to overturn the government were ripe for an insurrection. You all know the arts which were made use of by wicked and designing men publishing abominable books, handing about

William Mainwaring, esq.

VOL. XXII,

the Protestant association, with good inclinations and good intent; that a mob was got together, and when that hydra-headed monster was assembled, it was impossible to stop its ravages. Your town was laid waste and your property destroyed: it therefore became the duty of Mr. Goodman to give notice, that it was reported in Spitalfields where there are thousands of inhabitants, who are of the lower class and of the poorer sort of the people, that they were to meet in the field belonging to the defendant. Alarmed at this, he went to the magistrates and gave information; the magistrates, active to do their duty and to protect their fellow subjects, went there with a number of constables; when they came there they found pretty nearly a thousand people, assembled in Mr. Briellat's field, with himself there; and by their exertions, their manly exertions, they dispersed the meeting, and no harm was done. The public are obliged to those magistrates, a fire might have been kindled in that quarter of the town which might spread to us all: God knows what might have been the consequence; it is easy in this country to collect a mob, but it is impossible to guide it.

One would have thought that the present situation of a neighbouring kingdom, where a black catalogue of vices has been committed, where there is not an offence that one can name almost but they have committed: rapine, sacrilege, perjury, murder, in short every offence that in the catalogue of vices you can 3 N

that prop

possibly enumerate or suggest to your mind, 1 through the land; if he does exist, he is the has been committed by those persons. What subject of punishment; and if he does not, I would have been the consequence, God only am sure you will be happy as well as myselí knows, had not our fellow citizens assembled in acquitting that man, and in going forth in this town, animated and spirited up by men into the world rejoicing that such a character who had some property at stake to preserve does not exist.

Mr. Vaughan, Mr. Chairman ; I submit an Gentlemen, my case is a very short one, objection to part of this indictment, which I and a very plain one; it requires neither art conceive will not be opposed by the gentlenor ingenuity.

men on the other side; it is a clerical error; Gentlemen, it does not depend, I say, upon but I feel that I am bound to take all those much argument or ingenuity, it depends upon fair advantages on behalf of my client, that whether those words were spoken? you will present themselves upon the face of the inhave them proved to you, not by one, but by dictment, and I now take that advantage. It several witnesses; you will have it proved, in is to the two last counts. I submit the words the first place, that he said a reformation ought to be laid with certainty : they are laid could not be effected without a revolution. in this manner: That the said Thomas Briel. You will have it proved, in the next place, lat, at Hackney, at the parish aforesaid, in that he said that kings were not necessary, the county aforesaid, did so and so. Now, And you will have proved, that aggravated Sir, the place where the rest of the indictpart of the charge in the indictment, that ment is laid, is in the parish of St. Leonard, there is a man existing in this country, wish- Shoreditch; and therefore I conceive it will ing that all the male part of the royal family not be opposed by the gentlemen on the other were destroyed, and that the female part side. were confined. Can you conceive for a mo

Mr. Silvester. It is not usual, in this stage ment, so horrid a wish as that of having any of the cause, to make such an objection; but set of men to be destroyed by the hand of the gentleman very well knows, in the first the executioner? An Englishman shudders at place, that if any one of the counts is good, the idea of destroying any body. It will be it will be sufficient; and, in the second place, proved to you that those words were spoken; it does appear to be in the county of Midthat he wished that the bitterest of our ene- dlesex. mies, who have given an example to the Nr. Vaughan. The only answer that apworld that there is no cruelty but they are pears to me necessary to give to the reply of capable of, that they would land in this coun- Mr. Common Serjeant is, that in Cro. Car. try ten thousand men.

465, which is likewise mentioned in Hawkins, Gentlemen, is it possible there can be any there is this observation : “ It seems agreed Englishman existing who could wish that his by all the books, that the place where the fellow-subjects might fall by the hand of the offence was committed must be alleged in assassin, because whatever the event might such a manner as is perfectly free from all rehave been, many of our fellow-subjects, many pugnance and inconsistency; for, if one and of our relations might have lost their lives. the same offence be laid at two different Therefore, I say, it these words are proved, places, or at the town of B. aforesaid, where you will think, not only that the defendant no such town was mentioned before,” (not deserves punishment, but that he deserves where no such county was mentioned before, exemplary punishment indeed. He has plead- but where no such town was mentioned be ed not guilty, it is therefore necessary on my fore), “ the indictment is void.” That is the part to prove the words : when I have done passage in Hawkins.- Now I will read you that, what kind of defence can be set up for the words in Croke, from which it was taken. him, or for any other man under the like It was held by the judges, upon a motion circumstances I cannot conceive, going as far in the King's-bench, that because it was laid as ingenuity can go; for he has the assistance to be done in Shoreditch, and Shoreditch of a very ingenious gentleman. But you are not being in the record, that judgment was plain men like myself, you are to attend to tainted.” the evidence, and if the facts are proved, it is

Mr. Silvester. You must move in arrest of not all the ingenuity that man is capable of, judgment, and at no other time. that can divert your minds from doing that Mr. Vaughan. I beg leave to say that any which is right : you will judge upon the evi- time is a time for the objection. dence, and upon that, pronounce your verdict. Mr. Gurney. It is perfectly indifferent to

The only possible defence that can suggest us whether the objection is taken now, or in itself to my mind is, that he did not speak arrest of judgment. the words. I vow to God I should be happy Mr. Vaughan. We do not care about it; if he could prove it. I should be happy if he but for the sake of precedent, I think it is could go away from this bar, having proved necessary the Court should determine it. that that man does not exist in this country, or any other, who could wish to see his fellow-subjects destroyed, the government overturned, and anarchy and confusion reign

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