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Did you hear what he said, when he stood at our church, and Briellat's sentiment was, upon the table ?-No, I did not.
that he thought there never would be a re. Mr. Silvester. Goodman did this at the form. time?-Yes.
Mr. Chairman. Tell us what he said, not And said, though he was a customer, he what his sentiments are?-He said, he thought should not come to his house again, and there never could be any good done in this should have no more liquor?—Yes.
country, till a revolution had taken place. I
was displeased with the conversation, and I Joseph Adams sworn.--Examined by Mr. Sil.
went away an hour and a half before they vester. You are a baker?-Yes.
What time did you go away?-I went at A master baker, and live in Holywell- eleven o'clock, and they stayed till after street?-Yes.
twelve. Was you at Goodman's on the 12th of De Goodman was not drunk, was he?-I cancember last ?-I cannot say as to the date.
Was it at the time when Alport was there? You are sure these words passed at that -Yes.
time? Yes. About the time of the meeting at the Cross-examined by Mr. Gurney. church?-I do not know any thing of that
Favour us with the words exactly that Mr. meeting Goodman is a publican?-Yes.
Briellat used, as well as you can recollect Were you there with Goodman and Hindle, would be no good done in this country till a
them at this distance of time:- That there and several other people – I was.
Tell those gentlemen what Briellat said ?- revolution had taken place; that he was a Briellat said that there could be no reform in republican, and gloried in the name. this country till there was a revolution.
Are you positive that he made use of those
words that no good would be done in this Cross-examined by Mr. Vaughan. country till a revolution had taken place, and During this conversation, there was a great name?-Nearly so, it is a long while ago.
that he was a republican and gloried in the deal of violence, I suppose, of language at
Were they not that a reformation could least between different people who were disputing according to their different sentiments? there never would be any good done without
not take place without a revolution?_That There was afterwards. A good deal of violence and dispute ?
a reformation, and that could not be got withe
out a revolution. There might be a great deal of heat. And violence of argument?-Yes.
Edward Woodbridge sworn.-Examined by Do you remember any talking about fight
Mr. Fielding. ing at this meeting ?-Yes, there might be, In what condition of life are you?--Apbut there were no blows.
prentice to Mr. Brown, in Shoreditch. Do you recollect either of them taking off What trade is he?--A butcher. his coat, or stripping for this purpose at all? Do you know the defendant at the bar, --I cannot say.
Briellat?-Yes. Was there any liquor drank during the Have you known him any time?-I have time you were there? Yes.
known him several years past, while I have A good deal ?—I don't know but there been apprentice to Mr. Brown. was.
And he was no stranger to you at the time That increased the violence of the argu- you saw him at Mr. Davis's? —No. ment I suppose ?-Yes.
Davis is a cheesemonger?-Yes. A good deal of hard loud arguments, one Where does Davis live _The corner of crying up the administration, and the other | Webb’s-square. crying it down?--No, Sir, Lord no.
When was it you saw the defendant at his What day of the week was this? --It was house?-On the 17th of October. of a Saturday.
That was on a Thursday?-Yes, in the John Hindle sworn.-Examined by Mr. Sil
How many people were in the house of cester.
Davis ?-_There was one besides Mr. Davis What are you?-An auctioneer.
when I went in. Where do you live?--In Shoreditch.
Did you go into his shop!-I went to speak Were you present at Goodman's?-Yes, to a man that was in the shop. Briellat was there and Benson, and I was in What was his name?- Mr. Horam. the room before they came.
Was Mr. Briellat in the house at that time? What did you hear Briellat say?-_They ! -No, he came in afterwards. were disputing respecting the signature that What time was it ?--About six in the evenhad been at Hicks's-hall
, and at our church, ing; soon after that came in another man, and that brought on some disagreeable con whose name I did not know. versation.
Have you learned since ?-I believe his Where -At Merchant-Taylor's-hall, and name to be Fortescue, a wheelwright,
Was Davis in the house?-Yes, Fortescue
Cross-cxamined by Mr. Vaughan. came in before Briellat; there were four of us when he came in.
You live with Mr. Brown, the butcher?.... Upon his coming in or at any time after- Yes. wards what passed ?--Briellat came in after How long have you lived with him?---I these men; he came to the door and said, I have almost served six years to him. hope I see you all brother citizens; then Ho Has Mr. Brown any partner ?---No. ram said, yes, Mr. Briellat, you make four llas he a son-in-law ---Yes. now you are come, but here is one here I Who is that son-in-law ? ---One Thomas cannot answer for, meaning me. Davis then Bartlet. asked Briellat what he had heard ; then he Is he an acquaintance of Briellat's ?---Not said he had heard that the duke of York had that I know of. ncarly been taken by the French; Davis re Is he any friend ?---Not that I know of. plied, so had he, but it was God's mercy he Nor an enemy?--Not that I know of. was not, and turned it off rather with a sneer; Had they'not a battle together! I have then Briellat said, yes, it was God's mercy, heard of it. but a thousand pities, for he wished that they Was he not beat in that battle?
-No. had him then in France; after that he sat You never heard Bartlet say any thing down in the shop; he then pulled a book out about this when you went to give information of his pocket, that he said was wrote by an to the magistrates --No. anonymous writer some years ago: then he Who went with you!--Mr. Goodman; he read a passage from it concerning the revela was at our house, and said he was going there, tions of the first and second woe, wherein he and I went with him. expressed there never would be no good times Going to whom ?---To the justices in Wore till all kings were abolished from the face of ship-street. the earth, and it was his sincere wish that And
would go with him?there were no kings at all.
Yes. Did he read it so or say so himself?-He For what?-To relate what I had heard read it so from the book; and then he said it him say. was his sincere wish there was no king at all; Did you tell Goodman before you went !-then he wished that the French would land No, I said nothing to him. an hundred thousand men in England, and Not a word you told to the officer, all the fight against all the government party, and way you went with him?---I spoke to him, then there was one came in, that I believe to but not concerning that. be a journeyman dyer.
Did you think him an improper person to First of all, let me ask, what he did with mention it to?---Not at all, because I know the book out of which he read that passage? him to be of the contrary party. -I believe he put it in his pocket.
Were you afraid of his telling the repubFor mere curiosity sake, I ask what sort of licans of it?---No, I was not, because he is a book it appeared to be?-Not a very large against the republican party. one, a bit of a pamphlet.
What was it you told the justice !--First of It was not a bound ok ?-No.
all I told the justice what I have related here Then there came in a journeyman dyer, as concerning Briellat, afterwards what I heard you believe? –Yes, the dyer spoke to lloram, the dyer say at the house of Davis the cheeseand said he was going down Bishopsgate- monger in his shop; I said to this dyer, what street, to sign his name at Eaton's (what that you are for no king? and he said he was for was for I don't know) and he asked him to go no king at all. with him, and Briellat said he would go too, You told the justice what passed, and what and that is all that I heard.
you heard Briellat say; now tell us the preJury. Did you hear him say what was the cise words that you repcated to the magis. title
page of the book, or who was the author trate, as having been spoken and uttered by of it -No, I did not hear no farther than he Briellat?.--I told the magistrate I was in said it was wrote by an anonymous writer Davis's shop, the cheesemonger's, on the 17th some years ago, but who it was dedicated by of October last, on Thursday evening; and as he did not mention.
I mentioned them before, I need not repeat Had you an opportunity to see whether it them again. Fortescue came to the shop; appeared to be a printed book, or a manu- Briellat came to the door and said, I hope I script writing ?-I was about as far as I am see you all brother citizens; then Horam said, from you, and I thought it to be a printed yes, Mr. Briellat, you make four now you are book; I did not go to look at it.
come, but here is one here I cannot answer After this journeyman dyer had put his for, meaning me. He then entered into disquestion to Horam and Briellat, they went course that he heard the French had been out together?-Yes, and said they would go beat by the Spaniards, and he seemed sorry with him with all their hearts.
for that; afterwards he said he heard the Did you hear any thing of Briellat after- duke of York had nearly been taken by the wards :-No.
French, and Davis said, so had he, but it was
said so it was, but it was a thousand pities, words in some counts in the indictment; for he wished that they had him then in then it is a little changed and said, no we do France. Then he took out the bowk out of not make that an introductory part of the his pocket that he said was wrote by an ano. evidence to that which relates to the indictnymous writer, some years ago; then be read ment, but we charge him with having adopted a passage from it concerning the revelations the sentinents of that writer, and therefore of the fir-t and the second woe, wherein he uttered seditious expressions. expressed there would never be no good times Mr Fielding. My learned friend says, till all kings were abolished from the face of that whatever objection he has stated, I have the earth; moreover, that it was his sincere given answers to, that is all he says
I conwish that there were no kings at all; then he less, as to that which he read from the book, wished that the French would land an hun- as I do not think it would be a matter of agdred thousand men in England, and fight gravating the charge extremely, I rather apagainst all the government party.
ply to the evidence, which is given of his own Those were the words, that it was his wish observation after reading that passage. that the French would land one hundred , Mr Taughan. Ii you give it up as a part thousand men to fight against all the govern- ' of the charge, the gentlemen of the jury will ment party, and then he read out of the book recollect --respecting the revelations and the abolition of Mr. Fielding. It cannot be given up as a kings!-Yes.
part of the charge.
Mr. Chairman. What has been read out of Mr. l'aughan. I submit that whatever the book, which is a charge in the indictshall be read at any time, in any place, when ment, is nothing: it finishes, that there never it shall afterwards be brought forward as would be any good times till all kings were matter of crime against any individual, it abolished from the face of the earth; and ought not to be brought forward in any way then he comes with his own observations but as a libel, because the better evidence upon it: then he said, for I particularly asked would be the book it-eit, and that book ought the question, whether he went on reading, to be produced,
but no, he leaves the book there, and says it Mr. Fielding. We have passed over the was his sincere wish, that there were no kings book as a most harmless thing; what the man At all; and then afterwards went on and said, said afterwards we rely upon, and therefore that he wished the French would land an it is merely an introduction to this, and which hundred thousand men in England, and fight I give you the benefit of, if you can derive any against the government party; this is his own benefit from it, but it does not form a part of observation after having read from the book, the charge.
¡ and is not in the book at all. Mr. Vaughan. It stands upon the indict- ; Mi. Gurney. Your notes, Sir, are per: ment as a criminal part of the charge. fectly correct, and all we state is, that there Mr. Silvester. No such thing:
would be no good times till all kings were Mr. Chuirman I don't understand that abolished from the face of the earth, cannot any of the words laid down in the indictment, be evidence against him, because it was read are the words that the witness said he read from a book, we object to that being charged out of that book; but he read certain other in any other way than that of a libel. In the words, and then he makes his own obser- , fourth and fitth counts are these words ;-there vations.
will never be peace, nor any good times, till Dir. Gurney. Give me leave to read the all kings are abolished from the face of the words. In the third count it is laid, there earth. If I utter any thing seditious, it is no never will be any peace or good times till all matter whether I say it independent of the kings shall be abolished from the face of the book; if I ulter them as my own principles, I earth.
am liable. Mr. Vaughan. I submit that this should be Mr. Vaughan. If I read out of a book, the presented as a charge of libel, and not a best evidence must be brought which the charge of words; it is the publication of a hbel. nature of the case admits, which is the book
Mr. Fielding. Here again, to be sure, my itself. friend's observation, which is ingenious, Mr. Fielding. The book is alone in the meets with a most immediate answer; if we possession of the aggressor, and therefore we had chosen to have charged him with the must produce other evidence. publication of this book, we might, but if he Mr. Vaughan. Tell us at what time Brielutters any such words of himself, he is lat came in.- Woodbridge. About half after chargeable with the uttering, without any re- six. ference to the book.
What time did you go away?--About half Mr. Gurney. I understand that it is now an hour afterwards. a little altered. I understood Mr. Fielding How long might it take the reading of this that, that part which Mr. Briellat read was book ?---He was not long reading that book. used as introduction to evidence, because it How long?.--I suppose he might be five was said that those words were not in the in- minutes reading those words, and then he dictment; now it is found that these were the left off.
Did you go out then?--No, he left off when tice, and so made a matter of public notohe had read those words, and said it was his riety; and particularly, if afterwards they sincere wish that there were no kings at all; are reported as they mostly are, and as they that was not read in the book.
always ought to be; because making known Who was present in the shop besides !--- the proceedings of courts of justice is one of Mr. Horam, the dyer, Mr. Davis, and this the most essential supports of our liberties, other man.
of our properties, of our lives. It will happen Then there were yourself present, Mr. How that this discontent and the reasons of it are ram, the dyer, Mr. Briellat, Mr. Davis, and spread abroad among the people. It is true, another man? --The dyer came in afterwards. they may take no effect. Some may fall out by
But when you went away who were pre- the way side, but some will fall upon the fersent? --The dyer, Mr. Horam, Mr. Davis, Mr. tile soil
. Many of them will undoubtedly imBriellat, and the other man, five in all. print themselves upon the minds of the inha
Do you know his name?--No, I heard say bitants of this country. it was Fortescue. I did not know it then. So much for these accusations, if they are
Do you know the employment of the other true. But if they are false, what is the conmen? One was a drover, Horam; another sequence then? though they are false, if they was a dyer, I don't know his name; the other are sworn to, the person brought here for is a wheelwright, I believe Fortescue.
trial must in consequence of that be punishMr. Fielding. I will not trouble you with ed, and punished. as all of you know, very seanother question, but I want you to repeat verely indeed. The reason of it I do not inyour idea, you say you went to the justices, quire, the reason of it I am sure I do not unbecause you thought it your duty so to do!--- derstand; but certain it is, that within the I did, I thought from those words that worse present century at least, and down from that might come of it, and thought it my duty glorious era, which all of us look back to
with joy and gratitude, from the time of the Mr Fielding. You regarded your duty to glorious Revolution, words---words as such, your God, your king, and your country, when libels---libels as such, never were punished you did it; you are a very good lad, and I tell with such extreme severity as they are at you that for your satisfaction.
this day. If then it be possible that such a charge should be false (and that it may be
false it is not very presumptuous to suppose) Mr. Vaughan. Gentlemen of the jury; It what reflections must arise in your minds, falls to my lot this day to have the honour of what in the mind of every well-meaning man, addressing you on behalf of the unfortunate, when he considers, that the result of your and in my iniagination of the very injured verdict must be an imprisonment of the Lord man, who now stands at your bar. And when knows what length, a fine to the Lord knows I say so, I consider it in part a subject of satis- what amount, and distress to a man and his faction, in part a subject of extreme sorrow. family such as none of you are able to calIt is to my mind a subject of extreme sorrow, culate or conceive. It is for you to look after that questions of this kind should be brought the evidence, and into the nature of the forward, when no necessity upon earth can charge, so as to observe how far the one call for them from any persons whatever. I squares and applies to the other. conceive so for this reason:
Gentlemen, you will pardon me for saying Either these charges are true, or they are so much in this respect; but we live in times false. If they are true, what do they produce which are somewhat strange. We live in to the public eye but this; that there are times, when word-catching and libel-catching among our fellow-subjects in this country, seem to be the fashion of the day; when men men discontented with the constitution of its seem to think they recommend themselves, government, who therefore in moments of and to suppose it the genteelest thing in life irritation, of liquor, or of displeasure, when to call down others for their unguarded exthey are put off their guard, express this dis pressions, and to dignify the character of an position, and that they are then extremely Englishman with that of a spy and an insincere? If they are sincere, what follows former. I hope that none of you partake of from that? Why that so many persons do not that character; I believe you do not, and I reason like ourselves upon this constitution, judge so from your appearance; not that I and that finding in it defects, they wish to mean to flatter you; I thank heaven I have have them rectified. It is to be lamented not been practised in this profession a suffithat we should not all of us be unanimous in cient time (although I have been accused of the applause of that system which very many ingenuity, which I have not) to acquire that of us are desirous of defending with all our manner, which puts a force upon our nature, might, and with all our strength. But I say so as in addressing a jury to convert their it is a subject of extreme sorrow, when such passions and prejudices to the purposes of dispositions are not confined to the persons injustice. That will make no part of my conwhodeclare them; when discontent sexpressed duct: I give nothing but a plain story to-day: in such circumstances are brought forward in Gentlemen, it is most true, that Mr. Briel. an audience like this, in a public court of jus- lat does think, and give me leave to think so VOL. XXII.
too, that a reform is necessary in some part | I hope all Englishmen feel one to another, of the constitution of this country. God for- and I should have been cutting the cords of bid I should likewise think that that reform human society. cannot be effected without a revolution ! but Now, suppose a man is of opinion (as I that I have a right to say so, and that I have my particular private opinion) that a have a right to tell all mankind so, is what reform of various abuses is necessary, abuses I am assured of from every observation which will creep in without any man being in fault; I have been able to make ;- from conver the rust of time will introduce abuses in moral sations, and particularly the conversations and political things as well as in natural. I of those who are the most active in opposing this be so, where is the larm of complaining this reform, and in bringing forward this dis- of them? 'Where is the harın of representing grace to our country, this gang of spies and them by writing or conversation? Where is informers, and to place their fellow-citizens in the mischief done to the country, when I imprisonment and ruin them by fines. point them out as matter to be remedied, and
It is to prevent reform and not sedition when I take peaceable means as a mode of that these men rise up with so much force remedy? None; none that will warrant the and tell us, whenever we speak of reform, (for innuendos in this piece of parchment: this this is the language they hold,)“ There can be piece of parchment tells us that revolution po reform without a revolution.” Whenever means a subversion of the government. Genyou give them reasons why the county of tlemen, I deny it flatly; it is no such thing; Middlesex, which contains so vast a number for we have had a revolution, and a very of inhabitants, should send more members to glorious revolution it was, although it cost 2 parliament than Old Sarum, which has not great deal of blood and a great deal of treasure iwo houses in it, they always say, but how <a great deal, because any is always tvo will you help it? 'here are gentlemen in con- much. But in comparison with the other residerable power; here are persons of consi. volutions we had but little. What was that derable fortune and authority, who have revolution? Was it a revolution that subtenants and servants, and tradespeople whom verted the constitution of the country, or was they employ; all of them perhaps dependent it a revolution against those who wished to upon these gentlemen for support; what then subvert it?-Was it a revolution in favour of will you do? Why, if you want to obtain our liberty and property? or a revolution reform, if you want to procure that the bo- hostile to both!
Why then to say that when rough of Old Sarum shall not have as many a man uses the term revolution he must semembers as the county of Middlesex, or if cessarily mean a subversion of the governyou want to procure that the county of Corn ment, it is a subversion of language and of wall shall not have within two as many re. justice; it is a stab and injury to his peace. presentatives as the whole kingdom of Scot Having admitted that this man thought land, which contains 4,000,000 of people, then (and I am sure he has more reason to how will you effect it? why it must be think so now) and said, as a means and not by force, and no otherwise, because this as the end, that a reformation cannot be es power will be maintained by force: force fected without a revolution, which he perhaps must be opposed to force, and therefore a had heard from some of these tories of the reformation cannot be effected without a re- day, he is brought forward to answer for it as volution. This is the language I have heard a criminal charge, and you will be required to from what we used to call in former times find these facts (for which he is to go to prison Tories, but now, in the cant language of the the Lord knows how long, and pay a fine of day, Aristocrats; this is the language I have the Lord knows how much) if you find him heard them hold. Gentlemen, had I brought guilty. It is what shall appear upon this such an one to this bar, and said, “Sir, on parchment, and no more, that is what you such a day you told me so and so," (and I will be called upon to state, so that this man could have brought many) what sort of an shall be punished. But if you find him opinion would you have had of me? what guilty, you find that revolution means a subsort of an opinion would my friends have had version of the government, you must find him of me? what sort of an opinion would my guilty of meaning that, because the gentleinen country have entertained Gentlemen, I drawing the indictment are pleased to put that think you would have treated me with scorn, construction upon the word revolution by their I mean if I had been the individual who had innuendo. Gentlemen, the word revolution brought forward that prosecution, I don't means no such thing, it means the revolving mean as the counsel, because we are all to do of things and returning to the point from our duty when we are retained; but had I which they first set out. That was done at been the individual who had brought forward the revolution. James wanted to ruin the the prosecution, would you not have said, constitution; when James abdicated the you deserve to be kicked out of every con- throne and William had delivered this counpany and certainly I should; for I should try from slavery, then took place the revoluhave been breaking every tie between man tion; then was the glorious revolving of and man; I should have been betraying the things; then it returned to its original state, dearest rights, the honest confidence which and then it was that our benefits were.com