his said majesty had also reason to believe said: nevertheless one John Lambert, late of that correspondences had been entered into the parish of Saint Clement Danes, in the with sundry persons in foreign parts, with a county of Middlesex, printer; James Perry, view to forward the criminal and wicked pur- late of the liberty of the Rolls in the said poses above mentioned, and that the wealth, county of Middlesex, gentleman; and James happiness and prosperity of this kingdom Gray, late of the liberty of the Rolls aforesaid, did, under divine providence, chiefly depend gentleman, being wicked, malicious, seditious upon a due submission to the laws, a just and ill-disposed persons, and being greatly confidence in the integrity and wisdom of disaffected to our said lord the king, and to parliament, and a continuance of that zealous the constitution and government of this kingattachment to the government and constitu- dom, and wickedly, maliciously, and sedition of the kingdom which had ever prevailed tiously designing, contriving, and intending to in the minds of the people thereof, and that disturb the peace and tranquillity of our ford there was nothing which our said lord the the king and of this kingdom, and to scanking so earnestly desired as to secure the dalize, defame, and vilify the constitution, laws public peace and prosperity, and to preserve and government of this kingdom, and to bring to all his loving subjects the full enjoyment the same into hatred and contempt with his of their rights and liberties, both religious said majesty's subjects, and to infuse and instil and civil; our said lord the king therefore into the minds of his said majesty's subjects, a being resolved, as far as in him lay, to repress belief that they were oppressed by his said mathe wicked and seditious practices aforesaid, jesty's government and abuses therein, and by and to deter all persons from following so means of cruel, impolitic wars, and unnecessary pernicious an example, by his royal proclama wars, entered into by his said majesty against tion so issued, solemnly warned all his loving foreign powers, and to excite and stir up dissubjects, as they tendered their own happiness loyalty, discontents, and seditions amongst his and that of their posterity, to guard against al! said majesty's subjects, and to seduce, instisuch attempts, which aimed at the subversion gate, and encourage his said majesty's subjects of all regular government within this kingdom; to resist and oppose his said majesty in the and which were inconsistent with the peace administration of his government, and in the and order of society, and earnestly exhorted exercise of the lawful powers and authorities his said subjects, at all times and to the vested in him by the constitution of this kingutmost of their power, to avoid and discourage dom, on the twenty-fifth day of December, in all proceedings tending to produce riots and the thirty-third year of the reign of our said tumults; and our said lord the king did thereby lord the now king, at the parish of St. Marystrictly charge and command all his magis-le-Strand, in the county of Middlesex aforetrates in and throughout his kingdom of Great Britain, that they should make diligent inquiry in order to discover the authors and printers of such wicked and seditious writings as aforesaid, and all others who should disperse the same; and our said lord the king did further charge and command all his sheriffs, justices of the peace, chief magistrates in his cities, boroughs, and corporations, and all other his officers and magistrates throughout his kingdom of Great Britain, that they should, in their several and respective stations, take the most immediate and effectual care to suppress and prevent all riots, tumults, and other disorders, which might be attempted to be raised or made by any person or persons which, on whatever pretext they might be grounded, were not only contrary to the law, but dangerous to the most important in terests of this kingdom; and our said lord the king did thereby further require and command all and every his magistrates aforesaid, that they should from time to time transmit to one of his said majesty's principal secretaries of state, due and full information of such persons as should be found offending as aforesaid, or in any degree aiding or abetting therein, it being our said lord the king's determination, for the preservation of the peace and happiness of his faithful and loving subjects, to carry the laws vigorously into execution against such offenders as afore

said, to complete, perfect, and bring to effect their said wicked and seditious contrivances and intentions, wickedly, maliciously and seditiously did print and publish, and cause to be printed and published, in a certain newspaper called the Morning Chronicle, a certain false, wicked, scandalous and seditious libel, in the form of an address of a society for political information, held at the Talbot Inn, in Derby, July 16, 1792, declaratory of their principles, &c. and directed to the Friends of Free Inquiry and the General Good, in which said libel are contained (amongst other things) divers false, wicked, scandalous, malicious and seditious matters of and concerning our said lord the king's government of this kingdom, and of and concerning the constitution of this kingdom, according to the tenor and effect following, that is to say, "We" (meaning the society aforesaid)" feel too much not to believe that deep and alarming abuses exist in the British government" (meaning his said majesty's government of this kingdom), " yet we are at the same time fully sensible that our situation is comfortable, compared with that of the people of many European kingdoms, and that as the times are, in some degree, moderate, they ought to be free from riot and confusion.-3. Yet we think there is sufficient cause to inquire into the necessity of the payment of seventeen millions of annual taxes, exclusive of poor-rates, county

of our said lord the king, for our said lord the king, further gives the court here to understand and be informed, that the said John Lambert, James Perry, and James Gray, being wicked, malicious, seditious, and ill-disposed persons, and wickedly and seditiously contriving and intending to disturb the peace and tranquillity of our said lord the king, and of this kingdom, and to excite and stir up the subjects of our said lord the king to hatred and contempt of our said lord the king, and of the constitution, laws, and government of this kingdom, on the said twenty-fifth day of December, in the thirtythird year of the reign of our said lord the now king, at the parish of Saint Mary-leStrand aforesaid, in the county of Middlesex aforesaid, to complete, perfect, and bring to effect, their said last-mentioned wicked and seditious contrivances and intentions, wickedly, maliciously, and seditiously, did print and publish, and cause to be printed and published, in a certain newspaper, called the Morning Chronicle, a certain other false, wicked, scandalous, and seditious libel, of and concerning our said lord the king, and of and concerning the constitution, laws and govern

have their true interest at heart-we see with equal sensibility the present outcry against, reforms, and a prociamation" (meaning his said majesty's royal proclamation) "tending to cramp the liberty of the press, and discredit the true friends of the people, receiving the support of numbers of our countrymen-we see the continuation of oppressive game laws" (meaning the game laws of this kingdom) "and destructive monopolies; we see the education and comfort of the poor" (meaning the poor of this kingdom) "neglected, notwithstanding the enormous weight of the poor-rates; we see burthens multiplied, the lower classes" (meaning the lower classes of the subjects of this kingdom) "sinking into poverty, disgrace, and excesses; and the means of these shocking abuses increased for the purposes of revenue for the same, and excise laws" (meaning the excise laws of this; kingdom, "those badges and sources of oppression, kept up and multiplied; and when we cast our eyes on a people just formed in a free community, without having had time to grow rich under a government by which justice is duly administered, the poor taught and comforted, property protected, taxes few and easy; and at an expense as small as that of¦ment of this kingdom, according to the tenor our pension list--we ask ourselves are we in and effect following: "In short, we see, with England? Have our forefathers fought, and the most lively concern, an army of placebled, and conquered, for liberty? And did men, pensioners" (meaning persons holding they not think that the fruits of their places and pensions under the government of patriotism would be more abundant in peace, this kingdom,) " &c. fighting in the cause of plenty, and happiness? Are we always to corruption and prejudice, and spreading the stand still, or go backward? Are our bur- contagion far and wide; a large and highly thens" (meaning the burthens of the subjects expensive military establishment," (meaning of this kingdom)" to be as heavy as the most the military establishment of this kingdom) enslaved people? Is the condition of the poor" "though we have a well-regulated militia; (meaning the poor of this kingdom) "never to the increase of all kinds of robberies, riots, be improved? Great Britain must have arrived executions, &c. though the nation" (meaning at the highest degree of national happiness this kingdom)" pays taxes equal to the whole and prosperity, and our situation must be too land retail" (meaning rental)" of the kinggood to be mended, or the present outcry dom, in order to have his property protected against reforms and improvements is inhu- and secured, and is also obliged to enter into man and criminal; but we hope our condition separate associations against felonious dewill be speedily improved, and to obtain so predations; a criminal code of laws," (meandesirable a good is the object of our presenting a criminal code of laws of this kingdom) association, au" (meaning an) "union founded on principles of benevolence and humanity, disclaiming all connexion with riots and disorders, but firm in our purpose, and warm in our affections for liberty.- 7. Lastly, we invite the friends of freedom throughout Great Britain to form similar societies, and to act with unanimity and firmness, till the people" (meaning the people of Great Britain) "be too wise to be imposed upon, and their influence in the government be commensurate with their dignity and importance; then shall we be free and happy: by order of the society. S. Eyre, chairman," (meaning the chairman to the said society). In contempt of our said lord the king, in open violation of his laws, to the evil and pernicious example of all others in the like case offending, and against the peace of our said lord the king, his crown and dignity. And the said attorney-general

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sanguine and inefficacious; a civil code,” (meaning a civil code of laws of this kingdom)" so voluminous and mysterious, as to puzzle the best understandings; by which means justice is denied to the poor," (meaning the poor of this kingdom) "on account of the expense attending the obtaining it; corporations," (meaning corporations of this kingdom) " under ministerial or party influence, swallowing up the importance, and acting against the voice of the people;" (meaning the people of this kingdom) " penaltie" (meaning penalties)" inflicted on those who accept of offices without conforming to the violation of their consciences and their rights; the voice of free inquiry drowned in prosecu tions, and the clamours of the pensioned and interested: and we view with the most poignant sorrow, a part of the people" (meaning the people of this kingdom) “ deluded by a

ery of the constitution and church in danger, Your lordship may recollect, that at the fighting with the weapons of savages, under sittings after the last term in this place, an the banners of prejudice, against those who information, filed by the attorney-general, have their true interest at heart: We see, with against the proprietors and printer of the equal sensibility, the present outcry against Morning Chronicle, for a supposed libel in reforms, and a proclamation” (meaning the that newspaper, was called on for trial in the said proclaination so issued by his said ma- ordinary course of things. Seven of the spejesty on the said twenty-first day of May as cial jurors, struck under the rule obtained by aforesaid) “ tending to cramp the liberty of the crown itself for the trial of the cause, apthe press, and discredit the true friends of peared, and came into the box to be sworn; the people, receiving the support of numbers but the attorney-general did not think proper of our countrymen; we see the continuation to pray a tales to complete the pannel. The of oppressive game laws ” (meaning the game cause, therefore, of course, went off, pro delaws of this kingdom)“ and destructive mo- fectu juratorum. nopolies; we see the education and comfort My lord, if any special reason existed why of the poor, (meaning the poor of this king- the jury so appearing should not be permitted dom)“ neglected, notwithstanding the enor- to try the information, when it came or mous weight of the poor-rates; we see bur- again for trial, and the crown had moved upon thens multiplied, the lower classes” (meaning such special matter, verified by affidavit, to the lower classes of the people in this king- / discharge the original rule under which the dom) “sinking into poverty, disgrace, and jury was appointed, I should, according to the excesses; and the means of these shocking nature of the objections, have been prepared abuses increased, for the purposes of revenue to give them an answer. But, my lord, no for the same; and excise laws,” (meaning the such proceedings have been had or attempted. excise laws of this kingdom)“ those badges The crown has made no objections to the and sources of oppression, kept up and mul- jurors, nor any motion in court to discharge tiplied.” In contempt of our said lord the the original rule under which the jury was imking, in open violation of his laws, to the pannelled: but assuming it to be the law that evil and pernicious example of all others the rule was spent and expired, by the trial in the like case offending, and against the going over, for defect of jurors, they have, as peace of our said lord the king, his crown a motion of course (drawn up, upon the sigand dignity. Whereupon the said attorney nature of counsel out of court), obtained a general of our said lord the king. who for our second rule for striking a jury, as if no former said lord the king in this behalf prosecuteth, rule had ever existed, and as if no jury had for our said lord the king, prayeth the consi- been struck under it. deration of the Court here in the premises, I confess I was not a little surprised at this and that due process of law may be awarded attempt to impannel a jury, without the conagainst then the said John Lambert, James sent of the defendants, between whom and Perry, and James Gray, in this behalf, to the crown the former had been reduced and make them answer to our said lord the king ascertained under the first rule.-On their touching and concerning the premises afore- part, I therefore now object to the proceedsaid.

ing, as totally illegal and hostile to the freedom of trial, and I humbly move that this

new rule may be discharged. In Trinity Term a rule was made in the I do not know that I am able to state, at usual way, on the motion of the prosecutor, for this moment, any direct precedent for my a special jury. Forty-eight jurors were struck; motion, nor is it necessary that I should, beand in Easter Term they were reduced by the cause I found my application upon the whole parties to twenty-four. In the sittings after statute law of the kingdom respecting the Easter, the cause came on, and seven of the trial by jury, which is positive and unequivocal special jurors came into the box. Sir John on the subject, which no practice can shake, Scott, the then Attorney General, did not and which no decisions of the Court, if there pray a tales, and the trial went off as a re- were any, could repeal or over-rule. inanet pro defectu juratorum.

Lord Kenyon. The application crosses all In Vichaelmas Term the prosecutor, on a my ideas of the law upon the subject. It motion of course, took out a rule for a new would be highly dangerous to impartial trial, special jury. This the defendants thought if the juries were known to the parties so long irregular.

before the trial. It is very strange if the law On Friday, the 15th day of November, the honourable Thomas Erskine moved the Court laws seem to have thought very differently on

Mr. Erskine. My lord, the authors of our as follows:

this subject. They seem to have entertained My lord, the motion which I am about to no jealousy, that the trial by the country, address to the Court, will deserve your lord which was instituted for the people's protecship's particular attention, as it relates to one tion, could ever be too favourable to them; of the most essential rights and liberties of on the contrary, the most ancient statutes of the subject, the trial by jury.

the kingdom express no fears for the crown,

be so.