First overt

racy to cause

to alter the

constitution

arms, &c. did, amongst themselves and together with divers other false traitors, whose names are to the said jurors unknown, conspire, compass, imagine, and intend to stir up, move, and excite insurrection, rebellion, and war, against our said lord the king, within this kingdom of Great Britain, to subvert and alter the legislature, rule, and government now duly and happily established within this kingdom of Great Britain, and to depose our said lord the king from the royal state, title, power, and government of this kingdom, and to bring and put our said lord the king to death. And to fulfil, perfect, and bring to effect their most evil and act, a meeting of defendants wicked treason, and treasonable compassings and imaginations and conspi- aforesaid, the said [defendants] as such false traitors as aforesaid, a convention with force and arms on the said, &c. and on divers other days and times, as well before as after, at, &c. aforesaid, maliciously, and and depose the traitorously did meet, conspire, consult, and agree among themking. (i) selves and together with divers other false traitors, whose names are to the said jurors unknown, to cause and procure a convention and meeting of divers subjects of our said lord the king, to be assembled and held within this kingdom, with intent, and in order that the persons to be assembled at such convention and meeting should and might wickedly and traitorously without and in defiance of the authority, and against the will of the parliament of this kingdom, subvert and alter, and cause to be subverted and altered, the legislature, rule, and government, now duly and happily established in this kingdom, and depose, and cause to be deposed our said lord the king from the royal state, Second overt title, power, and government thereof. And further to fulfil, peract, publishing books, &c. in- fect, and bring to effect, their most evil and wicked treason, and citing persons treasonable compassings and imaginations aforesaid, and in order the more readily and effectually to assemble such convention and able purposes. meeting as aforesaid, for the traitorous purposes aforesaid, and thereby to accomplish the said purposes, the said [defendants] as such false traitors as aforesaid, together with divers other false traitors, whose names are to the jurors aforesaid unknown, the said &c. and on divers other days and times, as well before as after, with force and arms at, &c. aforesaid, maliciously and traitorously did compose and write, and did then and there maliciously and traitorously cause to be composed and written, divers books, pamphlets, letters, instructions, resolutions, orders, declarations, addresses and writings, and did then and there maliciously and traitorously publish, and did then and there maliciously and traitorously cause to be published, divers other books, pamphlets,

to meet for

the treason

(2) See the evidence under this overt act, 1 Campb. 400.

act, consulting as to time and

place of con

vention.

letters, instructions, resolutions, orders, declarations, addresses, and writings, the said books, pamphlets, letters, instructions, resolutions, orders, declarations, addresses, and writings, so respectively composed, written, published, and caused to be composed, written, and published, purporting and containing therein, among other things, incitements, encouragements, and exhortations to move, induce, and persuade the subjects of our said lord the king, to choose, depute, and send, and cause to be chosen, deputed, and sent, persons as delegates, to compose and constitute such convention and meeting as aforesaid, to be so holden as aforesaid, for the traitorous purposes aforesaid. And further to fulfil, perfect, and bring to Third overt effect their most evil and wicked treason, and treasonable compassings and imaginations, aforesaid, and in order the more readily and effectually to assemble such convention and meeting as aforesaid, for the traitorous purposes, aforesaid, and thereby to accomplish the same purposes, the said defendants as such false traitors, as aforesaid, on, &c. aforesaid, and on divers other days and times, as well before as after, with force and arms, at, &c. aforesaid, did meet, consult, and deliberate, among themselves, and together with divers other false traitors, whose names are to the said jurors unknown, of, and concerning the calling and assembling such convention and meeting as aforesaid, for the traitorous purposes aforesaid, and how, when, and where such convention and meeting should be assembled and held, and by what means the subjects of our said lord the king, should and might be induced and moved to send persons as delegates to compose and constitute the same. And further to fulfil, perfect, and bring to effect their most evil Fourth overt and wicked treasou, and treasonable compassings and imaginations act, defendants agreeing aforesaid, and in order the more readily and effectually to assemble that some such convention and meeting as aforesaid, for the traitorous pur- meet relative poses aforesaid, and thereby to accomplish the same purposes, to convention. the said [defendants] as such false traitors as aforesaid, together with divers other false traitors, whose names are to the jurors aforesaid, unknown, on the said, &c. and on divers other days and times, as well before as after, with force and arms, at, aforesaid, maliciously and traitorously did consent, and agree that the said [defendants] should meet, confer, and co-operate among themselves, and together with divers other false traitors, whose names are to the said jurors unknown, for and towards the calling and assembling such convention and meeting as aforesaid, for the traitorous purposes aforesaid. And further to fulfil, perfect, and Fifth overt bring to effect their most evil and wicked treason, and treasonable act, procuring compassings and imaginations aforesaid, the said [defendants] made in order as such false traitors as aforesaid, together with divers other false Crim. Law. F

VOL. II.

them should

arms to be

traitorously to oppose the

r

rity and sub

vert govern

ment.

king's autho- traitors, whose names are to the jurors aforesaid, unknown, on, &c. aforesaid, and on divers other days and times as well before as after, with force and arms, at, &c. aforesaid, maliciously and traitorously did cause and procure to be made and provided, and did then and there maliciously and traitorously consent and agree to the making and providing of divers arms and offensive weapons, to wit, guns, musquets, pikes, and axes, for the purpose of arining divers subjects of our said lord the king, in order, and to the intent, that the same subjects should and might, unlawfully, forcibly, and traitorously oppose and withstand our said lord the king, in the due and lawful exercise of his royal power and authority in the execution of the laws and statutes of this realm, and should, and might, unlawfully, forcibly, and traitorously, subvert and alter, and aid and assist in subverting and altering, without, and in defiance of the authority, and against the will of the parliament of this kingdom, the legislature, rule, and government, now duly and happily established in this kingdom, and depose, and aid, and assist in deposing, our said lord the king from the royal state, title, power, and government of this kingdom. And further to fulfil, perfect, and bring to effect, their most evil and wicked treason, and treasonable compassings and imaginations aforesaid, the said, [defendants] as such false traitors as aforesaid, with force and arms, on, &c. aforesaid, and on divers other days and times, as well before as after, at, &c. aforesaid, maliciously, and traitorously did meet, conspire, consult, and agree, among themselves, and with divers other false traitors, whose names are to the said jurors unknown, to raise, levy, and make insurrection, rebellion, and war within this kingdom of Great Britain, against our said Seventh overt lord the king. And further to fulfil, perfect, and bring to effect, act, conspir- their most evil and wicked treason, and treasonable compassings, ing to subvert government. and imaginations aforesaid, the said, [defendants] as such false

Sixth overt

ing to levy war against the king.

traitors as aforesaid, on, &c. aforesaid, and on divers other days and times, as well before as after, at, &c. aforesaid, with force and arms, maliciously and traitorously did meet, conspire, consult and agree amongst themselves, and together with divers other false traitors, whose names are to the said jurors unknown, unlawfully, wickedly and traitorously to subvert and alter and cause to be subverted and altered, the legislature, rule and government now duly and happily established in this kingdom, and to depose, and cause to be deposed our said lord the king from the royal state, title, power and government of this kingdom. And further to fulfil, act, publish- perfect and bring to effect their most evil and wicked treason and pamphlets in- treasonable compassings and imaginations aforesaid, and in order citing subjects to aid in trai- the more readily and effectually to bring about such subversion,

Eighth overt

&c.

alteration, and deposition as last aforesaid, the said [defendants] as torous subver such false traitors as aforesaid, together with divers other false traitors, sion of laws, whose names are to the jurors aforesaid unknown, on, &c. aforesaid, and on divers other days and times, as well before as after, at &c. aforesaid, with force and arms maliciously and traitorously did prepare and compose, and did then and there maliciously and traitorously cause and procure to be prepared and composed, divers books, pamphlets, letters, declarations, instructions, resolutions, orders, addresses, and writings, and did then and there maliciously and traitorously publish and disperse, and did then and there maliciously and traitorously cause and procure to be published and dispersed, divers other books, pamphlets, letters, declarations, instructions, resolutions, orders, addresses, and writings, the said several books, pamphlets, letters, declarations, instructions, resolutions, orders, addresses, and writings, so respectively prepared, composed, published, dispersed, and caused to be prepared, composed, published, and dispersed, as last aforesaid, purporting and containing therein, amongst other things, incitements, encouragements, and exhortations, to move, induce, and persuade the subjects of our said lord the king, to aid and assist in carrying into effect such traitorous subversion, alteration, and deposition, as last aforesaid, and also containing therein, amongst other things, information, instructions, and directious, to the subjects of our said lord the king, how, when, and upon what occa sions, the traitorous purposes last aforesaid, should, and might be carried into effect. And further to fulfil, perfect, and bring to Ninth overt effect, their most wicked and evil treason, and treasonable act, procuring com- arms to levy passings, and imaginations, aforesaid, the said [defendants] as such war against the false traitors as aforesaid, together with divers other false traitors, whose names are to the jurors aforesaid, unknown, on, &c. aforesaid, and on divers other days and times as well before as after, at, &c. aforesaid, with force and arms, maliciously and traitorously did procure and provide, and did then and there maliciously, and traitorously cause and procure to be provided, and did then and there maliciously and traitorously consent and agree to the procuring and providing, arms and offensive weapons, (to wit) guns, musquets, pikes, and axes, therewith to levy and wage war, insurrection, and rebellion, against our said lord the king, within this kingdom, Common conagainst the duty of the allegiance of the said [defendants] against clusion. the peace of our said lord the now king, his crown and dignity, and against the form of the statute, in that case made and provided.

king.

That G. G. late of the parish of Saint Mary le bonne, otherwise For levying Mary Bone, in the county of Middlesex, esquire, commonly called war against the king in this A. D. 1780. See also Trem. P. III. st. 5. c. 2. realm, 25 Ed. C. 3. (k)

(k) See Cro. C. A. 290. This indictment was for the riots in

Overt act as sembling

armed with of.

fensive weapons. (1)

For hissing

and otherwise

insulting the king as he was returning from the theatre, after an attempt had been there

made to shoot him. (m)

Lord G. G. being a subject of our said sovereign lord George the third, by the grace of God, of Great Britain, France, and Ireland king, defender of the faith, &c. not having the fear of God before his eyes, nor weighing the duty of his allegiance, but being moved and seduced by the instigation of the devil, and entirely withdrawing the love and true and due obedience which every subject of our said sovereign lord the king should and of right ought to bear towards our said present sovereign lord the king, and wickedly devising and intending to disturb the peace and public tranquillity of this kingdom, on, &c. at, &c. unlawfully, maliciously, and traitorously did compass, imagine, and intend to raise and levy war, insurrection, and rebellion against our said lord the king within this kingdom of Great Britain; And in order to fulfil and bring to effect the said traitorous compassings, imaginations, and intentions of him the said G. G., he the said G. G. afterwards, that is to say, on, &c. aforesaid, with force and arms, at, &c. aforesaid, with a great multitude of persons whose names are at present unknown to the jurors aforesaid, to a great number, to wit, to the number of five hundred persons and upwards armed and arrayed in a warlike manner, that is to say, with colours flying, and with swords, clubs, bludgeons, staves, and other weapons, as well offensive as defensive, being then and there unlawfully, maliciously and traitorously assembled and gathered together against our said present sovereign lord the king, most wickedly, maliciously and traitorously did ordain, prepare and levy public war against our said lord the king his supreme and undoubted lord, contrary to the duty of his allegiance, against the peace of our said lord the king, his crown, and dignity, and also against the form of the statute in such case made and provided. [Second count same as the first except that the offence was laid to be committed on the 2nd June "and on divers other days and times between that day and the 10th day of the same month."]

That on, &c. our said lord the king went to a certain theatre called Drury Lane Theatre, for the purpose of seeing certain dramatic performances to be there exhibited, to wit, at, &c. and that upon that occasion at, and in the said theatre, to wit, on the said, at, &c. aforesaid, a certain loaded pistol was shot off and discharged at the person of our said lord the king, with the cruel and wicked intent to kill and destroy our said lord the king, and that afterwards and as and when our said lord the king departed and returned in

() As to this overt act see 1 East. P. C. 66. ante 62. and Trem. P.C. 3.

(m) This was the indictment against Dutton, A. D. 1800. and from the Crown Office.