his carriage from the said theatre on that occasion, to wit, on the said, &c. at, &c. aforesaid, A. B. late of, &c. and divers other ill disposed persons to the number of twenty and more, whose names. are to the said jurors unknown, well knowing the premises but being persons of cruel, turbulent and seditious minds and greatly disaffected to our said lord the king, and unlawfully and maliciously contriving and intending not only riotously and tumultuously to break out and disturb the peace of our said lord the king, but also to insult and vilify our said lord the king, and to move and excite the liege subjects of our said lord the king to hatred and contempt of our said lord the king, did in the presence and hearing of divers liege and peaceable subjects of our said lord the king, then and there present with force and arms unlawfully, riotously and routously assemble and meet together to disturb the peace of our said lord the king, near to and about the aforesaid carriage of our said. lord, (our said lord the king then and there being therein) and being so assembled and met together, did then and there as and whilst our said lord was so returning in his said carriage as aforesaid, in the presence and hearing of the said liege and peaceable subjects,. with force and arms make a very great rout, tumult and disturbance, and did then and there make a very great clamour, shouting, hooting, groaning and hissing, near to and about the said carriage of our said lord the king at and against and in disrespect and contempt of our said lord the king, and did for a long space of time, to wit, the space of ten minutes then next following riotously and tu-' multuously remain and continue there together near to and about the said carriage of our said lord the king, and did pursue and go along with the carriage (our said lord the king then and there being therein) so shouting, hooting, groaning and hissing as aforesaid, in a most riotous, indecent and disorderly manner, to the great terror and disturbance of the liege and peaceable subjects of our said lord the king then and there present, in contempt of our said lord the king and his laws, to the evil example of all others in the like case offending, and against the peace, &c. And the jurors, &c. do Second Count. further present that the said A. B. so being such person as aforesaid, and maliciously and seditiously contriving and intending to insult and vilify our said lord the king, and to move and excite the liege subjects of our said lord the king to hatred and contempt of our said lord the king, did as and whilst our said lord the king was 30 returning in his carriage from the said theatre, on the occasion aforesaid, and in the presence and hearing of divers liege and peaceable subjects of our said lord the king then and there assembled, to wit, on, &c. aforesaid, at, &c. aforesaid, with force and arms make a very great noise, tumult and disturbance. and did then and For a libel on there make a very great shouting, hooting, groaning and hissing near to and about the said carriage of our said lord the king, and did for a long space of time, to wit, the space of ten minutes, then and there following, remain and continue there near too and about the said carriage of our said lord the king, and did pursue and go along with the said carriage, (our said lord the king being therein) so shouting, hooting, groaning and hissing as aforesaid, in a most indecent and disordetly manner, in contempt, &c. [as in the first count.] That D. I. Eaton, late of, &c. being a wicked, malicious, sethe king. (n) ditious and evil disposed person, and greatly disaffected to our said lord the king and to his administration of government of this kingdom, and unlawfully, maliciously and seditiously contriving, devising and intending to scandalize, traduce and vilify our said lord the king, and to alienate and withdraw the fidelity, affection and allegiance of his said majesty's subjects, from his said majesty's person and government, on, &c. at, &c. unlawfully, maliciously and seditiously did publish and caused to be published a certain pamphlet entitled, "Politics for the People, or Hog's Wash," containing (n) See precedent 4 Went. 201. Burn. J. Libel III. For the modern precedents of indictments or informations for libels on the king or royal family, administration, government, conduct of the army, &c. sce post 87, 8. to 96, 7. Libels, post. It is not necessary port a crime of themselves, it is not necessary to show that they were published with an intent to injure the king or government, 2 Ld. Raym. 879. 3 Salk. 198. The allegation that the words were uttered, or the libel written "of and concerning," are a sufficient introduction of the matter contained in the libel, and a sufficient averment that it was written of and concerning the king's government, &c. Cowp. 672. The indictment may allege that the libel was "according to the tenor and effect following;" and where the matter is apparently libellous, may state that the defendant "inter alia" published, &c. Holt. 422. Though the defendant may insist on reading other extracts. 2 Campb. 398. But the words "to the effect following" would be insufficient without the words " according to the tenor." Holt. 422. It may be charged that the defendant "transcribed and collected" libellous matters, which is criminal without alleging a publication. Holt. 422. therein, among many other things, certain scandalous, malicious, inflammatory and seditious matters of and concerning our said lord the king, that is to say, You must know then, &c. [here set out libel with proper innuendos, see 4 Went. 20.] In contempt of our said lord the king and 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 jurors aforesaid upon their oath aforesaid, do further Second count. present, that the said D. I. Eaton, so being such a person as aforesaid, and so devising, contriving, and intending as aforesaid, afterwards to wit, on, &c. aforesaid, at, &c. unlawfully, maliciously, and seditiously did publish and cause and procure to be published, a certain other printed pamphlet containing therein amongst other things certain scandalous, malicious, inflammatory and seditious matters of and concerning our said lord the king according to the tenor and effect following, that is to say, [state other libellous matter with different innuendos,] in contempt of our said lord the king and his laws, to the evil example of all others in the like case offending, and against the peace of our said lord the king, his crown and dignity. [There was a third count nearly resembling the se cond.] That defendants being seditious, malicious, and ill-disposed For a libel on the king and persons, and being greatly disaffected to our present sovereign his administra George the third, &c. and to his administration of the government tion. (0) of this kingdom, and most unlawfully, wickedly, and maliciously, devising, designing, and intending as much as in them lay, to bring our said lord the king and his administration of the government of this kingdom, and the persons employed by him in the administration of the government of this kingdom into great and public hatred and contempt among all his liege subjects, and to alienate and withdraw from our said lord the king the cordial love and affection, true and due obedience, fidelity, and allegiance of the subjects of our said lord the king, on, &c. at, &c. did unlawfully, seditiously, and maliciously print and publish, and cause, &c. a certain scandalous, malicious, and seditious libel of and concerning our said lord the king and his administration of the government of this kingdom, to the tenor and effect following, that is to say, [here set out the matter charged as libellous,] to the great scandal, &c. That Daniel Isaac Eaton, late of, &c. being a wicked, malicious, For a libel on seditious, and ill-disposed person, and being greatly disaffected to (0) 2 Campb. Rep. 398. 6 East. 4 Ed. 593. as to form of indict 583. for a libel, bringing a pro clamation into contempt, 2 Leach, ment, ante 86. note n. (p) See precedent 4 Wentw. 199. hereditary mo. Information royal family. (9) our sovereign lord the now king, and to the constitution and government of this kingdom, and most unlawfully, wickedly, seditiously, and maliciously devising, contriving, and intending to scandalize, traduce, and vilify our said lord the now king, and the hereditary succession to the crown and regal government of this kingdom as by law established, and to alienate and withdraw from our present sovereign lord the now king, the true and due obedience, fidelity, and allegiance of his subjects, and wickedly and seditiously to disturb the peace and tranquillity of this kingdom, on, &c. with force and arms at, &c. aforesaid, he the said Daniel I. Eaton, unlawfully, wickedly, maliciously, and seditiously did publish and cause to be published, a certain scandalous, malicious, and seditious libel, entitled, "Rights of Man, Part Second, combining principle and practice, by Thomas Paine, secretary for foreign affairs to Congress in the American war, and author of the works entitled Common Sense, and the first Part of the Rights of Man; London, printed by H. D. Simmons, Paternoster Row, 1792." In which said libel are contained amongst other things, divers scandalous and malicious and seditious matters of and concerning the hereditary succession to the crown and royal government of this kingdom as by law established, (that is to say) in one part thereof according to the tenor and effect following, (that is to say), it cannot be proved by what right hereditary government (meaning amongst other things the said hereditary government of this kingdom) could begin, neither, &c. [Here state libellous matter with proper innuendo, see 4 Went. 199.] And in another part according to the tenor and effect following, (that is to say) hereditary succession, meaning amongst other things, the said hereditary succession to the government of this kingdom is a burlesque, &c. [Here state other libellous matter.] In contempt of our said lord the now king, in open violation of the laws of this kingdom, and to the great danger of our happy constitution, to the evil example of all others in the like case offending, and against the peace of our said lord the king, his crown and dignity. [Commencement of information as ante 6.] That his late royal for libel upon nighness Frederic prince of Wales, was the eldest son of our late sovereign lord king George the second, and that his said late royal highness Frederic prince of Wales, heretofore inter-married with a princess of the ancient and illustrious house of Saxe Gotha, her late royal highness the princess of Wales; and had issue by her Cowp. 672. 9 Stat. Tr. 680. 1 (q) Hand's Prac. 255. As to form of indictment, ante 86. note n. said late royal highness the princess of Wales, our sovereign lord the now king, and divers other princes and princesses, and our said sovereign lord the now king hath also a numerous and an illustrious offspring, divers princes and princesses, by our most sovereign lady the now queen, to wit, at, &c. aforesaid. And that there now is, and before, and at the time of the publishing of the false, scandalous, wicked, and malicious libels hereinafter mentioned, there subsisted between our said sovereign lord the now king and the house of Saxe Gotha, a perfect friendship, harmony, and strict alliance, yet that J. A. late of, &c. well knowing the premises, but wickedly, and maliciously contriving and intending wickedly to asperse, de-fame, traduce, and vilify our said sovereign lord the now king, his royal offspring and family, and to lessen the love and alienate the affections of his majesty's subjects from our said sovereign lord the now king, his royal offspring and family, descendants of their late royal highnesses the prince and princess of W. and to disturb and disquiet the minds of our said sovereign lord the now king, his royal offspring and family, and also to prevent and deter any foreign prince or princesses from inter-marrying with, or contracting any alliance by marriage with the royal offspring of our said lord the now king, and thereby greatly to diminish the happiness of our said lord the now king, and of his said offspring, and wickedly and maliciously intending to disturb the harmony and dissolve the alliance subsisting between our said lord the king and the house of Saxe Gotha, and thereby to weaken the power and to lessen the strength of our said lord the king's government, and of this kingdom, on, &c. with force and arms at, &c. aforesaid, wickedly, and maliciously did print and publish, and did cause and procure to be printed and published in a certain paper entitled, "The General Advertiser, No. 3742, Tuesday, November 18th 1788," a most wicked, false, scandalous, and malicious libel, of and concerning the marriage and alliance of his said late royal highness the prince of Wales with her said late royal highness the princess of Wales, and of and concerning their family and descendants, according to the tenor following, (that is to say) old George the second, (meaning our late sovereign lord king George the second) was very much against the alliance of his eldest son Frederic, (meaning his said late royal highness Frederic prince of Wales) father of the present king (meaning our sovereign lord the now king) with the house of Saxe Gotha, meaning the alliance by the marriage of his said late royal highness Frederic prince of Wales with her said late royal highness the princess of Wales, a princess of the ancient and illustrious house of Saxe Gotha), he (meaning our said late sovereign lord king George the second) often said it (meaning the |