said so it was, but it was a thousand pities, for he wished that they had him then in France. Then he took out the book out of his pocket that he said was wrote by an anonymous writer, some years ago; then be read a passage from it concerning the revelations of the first and the second woe, wherein he expressed there would never be no good times till all kings were abolished from the face of the earth; moreover, that it was his sincere wish that there were no kings at all; then he wished that the French would land an hundred thousand men in England, and fight against all the government party. Those were the words, that it was his wish that the French would land one hundred, thousand men to fight against all the government party, and then he read out of the book respecting the revelations and the abolition of kings? Yes. Mr. Vaughan. I submit that whatever shall be read at any time, in any place, when it shall afterwards be brought forward as matter of crime against any individual, it ought not to be brought forward in any way but as a libel, because the better evidence would be the book itself, and that book ought to be produced. Mr. Fielding. We have passed over the book as a most harmless thing; what the man said afterwards we rely upon, and therefore it is merely an introduction to this, and which I give you the benefit of, if you can derive any benefit from it, but it does not form a part of the charge. Mr. Vaughan. It stands upon the indict-, ment as a criminal part of the charge. Mr. Silvester. No such thing. Mr. Chairman I don't understand that any of the words laid down in the indictment, are the words that the witness said he read out of that book; but he read certain other words, and then he makes his own observations. Mr. Gurney. Give me leave to read the words. In the third count it is laid, there never will be any peace or good times till all kings shall be abolished from the face of the earth. Mr. Vaughan. I submit that this should be presented as a charge of libel, and not a charge of words; it is the publication of a hibel. Mr. Fielding. Here again, to be sure, my friend's observation, which is ingenious, meets with a most immediate answer; if we had chosen to have charged him with the publication of this book, we might, but if he utters any such words of himself, he is chargeable with the uttering, without any reference to the book. Mr. Gurney. I understand that it is now a little altered. I understood Mr. Fielding that, that part which Mr. Briellat read was used as introduction to evidence, because it was said that those words were not in the indictment; now it is found that these were the t words in some counts in the indictment; then it is a little changed and said, no we do not make that an introductory part of the evidence to that which relates to the indictment, but we charge him with having adopted the sentiments of that writer, and therefore uttered seditious expressions. Mr Fielding. My learned friend says, that whatever objection he has stated, I have given answers to, that is all he says. I conless, as to that which he read from the book, as I do not think it would be a matter of ag gravating the charge extremely, I rather apply to the evidence, which is given of his own observation after reading that passage. Mr Vaughan. If you give it up as a part of the charge, the gentlemen of the jury will recollect- Mr. Fielding. It cannot be given up as a part of the charge. Mr. Chairman. What has been read out of the book, which is a charge in the indictment, is nothing; it finishes, that there never would be any good times till all kings were abolished from the face of the earth; and then he comes with his own observations upon it: then he said, for I particularly asked the question, whether he went on reading, but no, he leaves the book there, and says it was his sincere wish, that there were no kings at all; and then afterwards went on and said, that he wished the French would land an hundred thousand men in England, and fight against the government party; this is his own observation after having read from the book, and is not in the book at all. Mr. Gurney. Your notes, Sir, are perfectly correct, and all we state is, that there would be no good times till all kings were abolished from the face of the earth, cannot be evidence against him, because it was read from a book, we object to that being charged in any other way than that of a libel. In the fourth and fifth counts are these words;-there will never be peace, nor any good times, till all kings are abolished from the face of the earth. If I utter any thing seditious, it is no matter whether I say it independent of the book; if I utter them as my own principles, I am liable. Mr. Vaughan. If I read out of a book, the best evidence must be brought which the nature of the case admits, which is the book itself. Mr. Fielding. The book is alone in the possession of the aggressor, and therefore we must produce other evidence. Mr. Vaughan. Tell us at what time Briellat came in.-Woodbridge. About half after six. What time did you go away?-About half an hour afterwards. How long might it take the reading of this book ?---He was not long reading that book. How long?--I suppose he might be five minutes reading those words, and then he left off. to go. 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. Ho- 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 punish Mr. 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. Yon 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 DEFENCE. 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 npon 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 contined to the persons injustice. That will make no part of my conwho declare 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. Brielan audience like this, in a public court of jus- lat does think, and give mc leave to think so VOL. XXII. 30 too, that a reform is necessary in some part of the constitution of this country. God forbid I should likewise think that that reform cannot be effected without a revolution! but that I have a right to say so, and that I have a right to tell all mankind so, is what I am assured of from every observation which I have been able to make;-from conversations, and particularly the conversations of those who are the most active in opposing this reform, and in bringing forward this disgrace to our country, this gang of spies and informers, and to place their fellow-citizens in imprisonment and ruin them by fines. I hope all Englishmen feel one to another, and I should have been cutting the cords of human society. Now, suppose a man is of opinion (as I have my particular private opinion) that a reform of various abuses is necessary, abuses will creep in without any man being in fault; the rust of time will introduce abuses in moral and political things as well as in natural. If this be so, where is the harm of complaining of them? Where is the harm of representing them by writing or conversation? Where is the mischief done to the country, when I 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 no 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 a parliament than Old Sarum, which has not great deal of blood and a great deal of treasure two houses in it, they always say, but how -a great deal, because any is always too 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 a 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 nemembers 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 Scotland, which contains 4,000,000 of people, how will you effect it? why it must be by force, and no otherwise, because this power will be maintained by force: force must be opposed to force, and therefore a reformation cannot be effected without a revolution. This is the language I have heard from what we used to call in former times Tories, but now, in the cant language of the day, Aristocrats; this is the language I have heard them hold. Gentlemen, had I brought such an one to this bar, and said, "Sir, on such a day you told me so and so," (and I could have brought many) what sort of an opinion would you have had of me? what sort of an opinion would my friends have had of me? what sort of an opinion would my country have entertained? Gentlemen, I think you would have treated me with scorn, I mean if I had been the individual who had brought forward that prosecution, I don't mean as the counsel, because we are all to do our duty when we are retained; but had I been the individual who had brought forward the prosecution, would you not have said, you deserve to be kicked out of every company? and certainly I should: for I should have been breaking every tie between man and man; I should have been betraying the dearest rights, the honest confidence which Having admitted that this man thought then (and I am sure he has more reason to think so now) and said, as a means and not as the end, that a reformation cannot be effected without a revolution, which he perhaps. had heard from some of these tories of the day, he is brought forward to answer for it as a criminal charge, and you will be required to find these facts (for which he is to go to prison the Lord knows how long, and pay a fine of the Lord knows how much) if you find him guilty. It is what shall appear upon this parchment, and no more, that is what you will be called upon to state, so that this man shall be punished. But if you find him guilty, you find that revolution means a subversion of the government, you must find him guilty of meaning that, because the gentlemen drawing the indictment are pleased to put that construction upon the word revolution by their innuendo. Gentlemen, the word revolution means no such thing, it means the revolving of things and returning to the point from which they first set out. That was done at the revolution. James wanted to ruin the constitution; when James abdicated the throne and William had delivered this country from slavery, then took place the revolution; then was the glorious revolving of things; then it returned to its original state, and then it was that our benefits were complete. a Now this part of the charge I admit with, and inform against him. If this is to go on all my soul. If you can take upon yourselves so, what is the consequence that men will to say, that that observation is criminal, which complain, that they will talk of reformation, I am sure you have all heard before, viz. that and if they talk of reformation they do right, force can only be repelled by force, or that and they do laudably. We have a right to reform without revolution cannot be effected, complain of taxes, when we think them exnay, if you have not heard that from people of cessive, and we have a right to complain of all sides, it will seem very strange to me. persons laying on those taxes, if they act imBut if revolution must mean a subversion of properly; for they accept their places, aye, the government of the country, and making and enjoy the profits too, upon that condition. that observation is criminal in the sense of I dare say, neither Mr. Pitt, nor any other this indictment, why then you determine this, persons about him, care for themselves twothat no man shall dare to say what he thinks pence about these prosecutions, because they upon any political subject. You will have do not not gain any thing by them; but there said that every man ought to look around him are others that do; for instance, this extra when he speaks, and to see if there is not a police officer, employed by some of the virtuous spy, or an informer, or a butcher's boy within associations that we have seen for carrying on hearing. You will have said there shall be prosecutions: what was the witness Goodan end to all that honest communication man's employment at that time? he was an which Englishmen in the frankness of their extra police officer; and what is an extra pohearts hold one with another. But this it is lice officer ? Why a gentleman that expects impossible to prevent at any time, and there to become a police officer, with a little of the fore it would be wiser to sew up men's mouths sweets of the profit beforehand—a police offiand shut their ears, and in short destroy all cer in reversion, he was not apprentice to the their senses; for these prosecutions never did trade-he was only upon liking. He thought at any time put an end to the fair declaration he had made a complete quibble by his anof public opinions. I am sure in this counswer, and I defy any man to say, he ever saw try they never did ; for, take history where an evidence given with zealous malignity as you please, I am sure you will always find his evidence was given; for the rule of evithat men spoke their opinions, and sometimes dence is this, that a witness is to testify to a more than their opinions; and why? because matter of fact, and not to reason; but he goes the addition of prosecution was in theirs ad. farther and argues the case; for this extra dition of grievances. They thought it ought police officer that was, I suppose the real to be prevented and withstood, and there- police officer that is,-he tells you, that Mr. fore it was that these prosecutions had not Briellat was going to a meeting. It was held their effect. in a field of his at Hackney. It was to work In what manner did this conversation upon the minds of the people. Where did arise? there was a set of men at this public. you hear that? Why, from Mr. Wills, the house, some abusing the administration, and hair-dresser! who was frightened for his fasome praising it, some thinking that taxes mily, and thought all the democrats were were good, and that a number of employments coming to eat him up alive. were good, because they were employed in You see, gentlemen, how zealously he goes them, others thinking that the reduction of out of the question : but I beg you, for taxes would be good, for so the witness un- your own sakes, to consider very seriously, derstood it. Whether the reduction of taxes ihat if you suffer your minds to go for one be possible or no, is not now the subject of moment out of this charge upon this ininquiry; but it is a very common and natural dictment, if you find the defendant guilty of subject of conversation, for we all know that words which were spoken, but not presented we are taxed from the hat upon our heads to on this parchment, pardon me if I say, the shoe upon our feet. If every thing we you are foresworn men; for certainly this put on reminds us of taxation, it is very na- only is the charge that you are to try—this iural that we should talk of it; it is very only is the charge that you are to find proved natural that we should look to see from what or not. Why, then, how do the prosecutors sort of a source this fountain flows; and then find themselves? Why, they say, here is a it is very natural that we should talk of the man who tells us, that a reformation cannot minister who imprints his taxes upon our hats be effected without a revolution. They know, and our gloves, and our medicines; in short, however, there is not much in that, and parupon every thing, for we can neither be born, ticularly because it passed a long while ago, nor married, nor buried, without a tax. In and juries do not like stale prosecutions any the name of God, is it possible not to think a more than they like stale goods. Then to little about the actors in such a scene? when bolster this up, they take you to the Hackney we see stamps in every corner of the street; meeting, and tell you a long story, there bein every perfumer's shop-in every stationer's ing a number of people collected, so that then shop-in every hatter's shop, and in every the learned counsel will have an opportunity glover's shop, when each of them is sticking of mentioning the protestant associations in a piece of paper into your gloves, your hosiery the year 1780, and the conflagrations then and perfumery, in order that you may not go produced. Those riots no man remembers وع with greater horror than I do; but what did chequer down to the lowest officer of excise. Do not these people spread themselves over the island? Are not the ramifications of their influence perceived in every town and village? They have the strength-the weapons-the arms-the force. How will you meet them but in this way? union is a strong thing-let us make a bond of union among ourselves for the liberty of the subject, as they have for themselves in their places and pensions, and let us endeavour by that means to obtain a redress of our grievances. That was exactly the model of the association which took place some time in 1782 or 1783, immediately after the example of those fires which have been alluded to, and it was carried on with the present prime minister at its head. Then is it so criminal a thing to associate? Is it so criminal to look after a reformation which could, they thought, be effected without a revolution, but which has not yet been effected any way. Upon this model others thought they might associate, and as no skirmish or bloodshed, or no violence had ensued from this former association, so they thought they also might find some men honest enough in the House of Commons or elsewhere who would represent their grievances to the legislature, to the sovereign, and to the aristocracy; so that we should have the benefit of that reform. That is what these persons thought-that is what Mr. Briellat thought. I will tell you what was his conduct, how Mr. Briellat came to be mixed with it at all; for this meeting having been introduced here in order to bolster up the other parts of the charge, I am forced to explain why these persons met. Gentlemen, there are, as we all know, a monstrous number of committees of those bodies who call themselves associations against republicans and levellers, but they would give themselves a far better name by calling themselves associations for receiving informations, anonymous letters, and carrying on prosecutions. These gentlemen have 150 committees in different parts of this capital. I don't say, that no honest man joined them; one honest man did join them and soon left them, for very good reasons, and he has published those reasons to the world, which are well worth any man's reading. Gentlemen, for this purpose a number of men did undoubtedly think it necessary for them to do in their own defence what many others have been ready to think it necessary for them to do in the same situation. They thought it necessary to associate, and they associated, upon what model? why exactly upon the model of the right honourable William Pitt, that immaculate prime minister who now loads us with taxes, the present prime minister, but not the minister of that day. These were the virtues of him who was Gentlemen, there is not a word spoken by not minister, but of the extra officer, who was any of you in a butcher's shop, or any other, upon liking. Says he, we must associate and but it may be carried to the office of these have a reform in parliament; for if there is gentlemen, exactly as at Venice, where you not one, how are ministers to be honest? He may throw a piece of paper into the mouth comes into the House of Commons, and he of a lion (and by-the-by the comparison is finds there men, very honest men, and those not a bad one) when immediately prosecutions men associate with him in the same cause. are awarded. I know these gentlemen take Says he, restore the constitution of the coun- great merit to themselves for their conduct in try, or you will never have a virtuous execu- these instances. Many of these associations tive government; restore your constitution, have not misconducted themselves at all. or you will never be a virtuous legislative I know individuals belonging to them who are government; but how restore it? against honest men, and 1 wish all honest men had power, against property, against placemen of gone among them, to have prevented the all descriptions, from the auditor of the ex-mischief they have caused. But gentlemen, |