ly, turbulently, and seditiously intending the peace and common tranquillity of our lord the king, and this kingdom of England, to disquiet, molest, and disturb, and to bring our most serene lord, George the third, king of Great Britain, into great hatred, contempt, and scandal, with all his liege and faithful subjects of this realm, and the colonels, captains, and other military officers and soldiers of our said lord the king, to scandalize and vilify, on, &c. with force and arms, at, &c. having discourse then and there with divers persons, concerning our said lord the king, and the army and guards of our said lord the king, and of their business in the presence and hearing of divers liege subjects of our said lord the king, falsely, maliciously, unlawfully, wickedly, and seditiously did then and there say, assert, affirm, and pronounce, and with a loud voice declare these false, fictitious, malicious, seditious, and opprobrious English words following of, and concerning our said lord the king, and of and concerning the colonels, and the rest of the officers of the guards, that is to say, the colonels and the rest of the officers, (meaning the said colonels and officers, in the guards of our said lord the king) are a company of rogues and villains, for their business is to uphold their master (meaning our said lord the king,) who (meaning our said lord the king) is a villain and a rogue, and never kept his word in any thing he (meaning our said lord the king) said, to the great scandal of our said lord the king, and the said colonels and other officers of the guards of our said lord the king, 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. preacher for words in a ser That A. B. late of, &c. dissenting preacher, being a pernicious Against a disand a seditious man, and a person of a depraved, impious, and senting disquiet mind, - and contriving, and maliciously, and seditiously in- seditions tending to disquiet, molest, and disturb, the peace and common mon. (r) tranquillity of our lord the king, and of this kingdom, and to traduce and vilify the happy constitution and government of this kingdom, and to bring our said lord the king, and his government of this kingdom into hatred and contempt, with all the subjects of this realm, and to excite the subjects of our said lord the king to sedition against his government, on, &c. at, &c. to complete, perfect, and bring to effect, his said most wicked and seditious contrivances and intentions, in the presence and hearing of divers liege subjects of our said lord the king, unlawfully, wickedly, malicious (r) This was the indictment against Winterbotham, A. D. 1793, on which he was convicted, and ly, and seditiously did preach, speak, utter, and with a loud voice publish among other things of, and concerning the revolution in the government of this kingdom, in the year of our lord 1688, and the laws of this kingdom then made, these false, scandalous, and seditious words following, that is to say: The laws (meaning the laws of this kingdom,) made at that time, (meaning at the time of the said revolution) have been since abused, and brought into disuse, and it particularly behoves me (meaning the said A. B.) to speak of the present times (meaning thereby, that the said laws were at the present time abused, and brought into disuse by his said majesty's government) to the great scandal, &c. of our said ford the king and his laws, to the great danger of our happy constitution, to the evil example, &c. and against the peace, &c. And the jurors upon their oath, aforesaid, further present, that the Isaid A. B. being such person as aforesaid, and contriving, and maliciously and seditiously intending as aforesaid, afterwards to wit, on, &c. aforesaid, at, &c. aforesaid, to complete, perfect, and bring to effect, his said most wicked and seditious contrivances and intentions, in the presence and hearing of divers liege subjects of our said lord the king, unlawfully, wickedly, maliciously, and seditiously did preach, speak, utter, and with a loud voice publish, amongst other things of, and concerning a supposed revolution in the government of France, whereby the ancient monarchical government of that country was supposed to be subverted, and a republican government established in its place, and of and concerning the government of this kingdom, these scandalous and seditious words following, that is to say, I (meaning the said A. B.) highly approve of the revolution in France, (meaning the said revolution in the government of France) and I (meaning the said A. B.) do not doubt but it has opened the eyes of the people of England, (meaning that the people of England) to see that there was a necessity for a similar revolution in the government of this kingdom, to the scandal, &c. (as in the first count.) That A. B. late of, &c. being a wicked, seditious, and ill-disfor seditious posed person, and having no regard for the laws of this realm, words respect. ing the king, and most unlawfully, wickedly, maliciously, and seditiously depeers, and con- vising, contriving, and intending to disturb the peace and tranquilstitution. (y) lity of our said lord the king, and of this kingdom, and to bring our said lord the king, and the peers of this realm, and the constitution, and government of this kingdom, as by law established, into hatred and contempt, with the subjects of this realm, aud Information (y) This was the information against Crompton, and obtained from the crown office. to asperse and vilify our said lord the king, and the peers of this realm, and to alienate and withdraw the affections and fidelity of his said majesty's subjects, from his majesty's person and government, on, &c. in order to complete, perfect, and bring to pass, his most wicked and seditious contrivances and intentions aforesaid, in the presence and hearing of divers subjects of our said lord the king, unlawfully, wickedly, maliciously, and seditiously did say, utter, and publish of and concerning the constitution and government of this kingdom, the scandalous and seditious words following, (to wit) I (meaning himself the said A. B.) would have no king or lords, (meaning thereby that he would have no king or peers of this realm in the constitution and government thereof,) in contempt of our said lord, &c. [as in the last precedent.] And the said attorney general, &c. that the said A. B. being such person as aforesaid, and again unlawfully, wickedly, and maliciously, and seditiously devising, contriving, and intending as aforesaid, afterwards to wit, on the said, &c. with force and arms, at, &c. aforesaid, in order to complete, perfect, and bring to effect his most wicked and seditious contrivances and intentions aforesaid, in the presence and hearing of divers subjects of our said lord the king, unlawfully, wickedly, maliciously, and seditiously did say, utter, and publish, of and concerning the constitution and government of this kingdom, the scandalous and seditious words following, to wit, I (meaning himself the said A. B.) am for a revolution, no king, no king, no lords (meaning a revolution in the constitution and government of this kingdom, and that there should be no king, no peers of this realm in the constitution, and government thereof,) &c. in contempt, &c. [as before.] That A. B. late of, &c. being a person of depraved impious For seditious and disquiet mind, and of a seditious disposition, and contriving, the king and words against practising, and maliciously, turbulently, and seditiously intending government. the peace and common tranquillity of our lord the king, and of (*) this kingdom, to disquiet, molest, and disturb, and to bring our n:ost serene sovereign lord George the third, now king of Great Britain, &c. into great hatred and contempt with all his liege and faithful subjects of this realm, and to alienate and withdraw the affection, fidelity, and allegiance of his said majesty's subjects, from his said majesty, and to excite and move his said majesty's subjects to hatred and dislike of the government and constitution, established within this realm, he the said A. B. his most wicked contrivances, practices, and intentions aforesaid, to complete, per (2) This was the indictment gainst Frost, A. D. 1793, on Crim. Law. which he was convicted; obtained VOL. II. G 1 fect, and render effectual, on, &c. in a certain discourse, which the said A. B. then and there had, with divers subjects of our said lord the king, of and concerning our said lord the king, and the government and constitution established within this realm, in the presence and hearing of divers liege subjects of our said lord the king, then and there present, maliciously, unlawfully, wickedly, and seditiously did say, assert, affirm, and pronounce, and with a loud voice did publish these malicious, seditious, and opprobrious English words following, that is to say, I (meaning the said A. B.) am for equality; I (meaning the said A. B.) see no reason why any man should not be upon a footing with another. It is every man's birthright. And that the said A. B. being thereupon, then, and there asked by one of the persons, then and there present, how he the said A. B. dared to hold such language in any public or private company, and what he meant by equality, he the said A. B. then and there wickedly, maliciously, and seditiously, in the presence and hearing of those subjects replied, in these words, that is to say "why, no kings;" and thereupon the said A. B. being thereupon further asked, if he meant no kings in this country, he, the said A. B. wickedly, maliciously, and seditiously in the presence and hearing of those subjects answered in these words, that is to say "yes, no king, the constitution of this country is a bad one," (meaning thereby, that he the said A. B. was for having no king in this realm, and that the constitution of this realm was a bad one in having a king) to the great scandal and contempt of our said lord the king and his laws, to the evil example, &c. and Second count. against the peace, &c. And the jurors, &c. do further present, that the said A. B. being such wicked and evil disposed person as aforesaid, aud further contriving and intending as aforesaid, afterwards to wit, on, &c. aforesaid, at, &c. aforesaid, in another discourse which the said A. B. then and there had with divers liege subjects of our said lord the king, of and concerning our said lord the king, and the government established within this realm, in the presence and hearing of divers other liege and faithful subjects of our said lord the king, then and there present, maliciously, seditiously, and wickedly did say, assert, affirm, and pronounce, and with a loud voice did declare and publish these other malicious and seditious English words following, that is to say, I (meaning the said A. B.) am for equality, and the said A. B. being thereupon, then and there asked by one of the persons then and there present, if he the said A. B. meant thereby equality, and no king in this country, he the said A. B. then and there in the presence and hearing of those subjects, maliciously, and seditiously replied, and with a loud voice published these words following, that is to say "yes, no king, and there ought to be no ६ kings" (meaning thereby amongst others, that there ought to be no king in this realm) to the great scandal, &c. [as in first count.] And the jurors, &c. do further present, that the said A. B. being Third Count. such wicked and evil disposed person as aforesaid, and wickedly, and seditiously devising, and intending as aforesaid, afterwards to wit, on, &c. aforesaid, at, &c. aforesaid, in the presence and hearing of divers other liege and faithful subjects of our said lord the king, then and there present, maliciously, seditiously, and wickedly did utter, and with a loud voice pronounce, assert, and affirm that there ought to be no king in this country (meaning this kingdom) to the great scandal, &c. [as in first count.] counsellor in That A. L. late of, &c. not regarding the laws and statutes of On 9 Anne, c. 16. for felonithis realm, nor the pains and penalties therein contained, on, &c. ously assaultwith force and arms at, &c. in and upon the right hon. sir E. H. ing a privy knight, one of the privy counsellors of our said lord the king, and the execution in the due execution of his said office in council, then and there of his office. (a) being, feloniously did make an assault and him the said sir E. H. did then and there feloniously strike and wound against the form of the statute in such case made and provided, 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. the chancellor That W. R. late of, &c. being a malicious and seditious man, For a libel of and deceitfully, wickedly, and maliciously contriving and intending of the exche the right hon. sir R. W. knight of the most noble order of the quer, and of the peers, bigarter, chancellor and under treasurer of the exchequer of our said shops, and lord the king, and one of the commissioners of our said lord the commons. (b) king for executing the office of treasurer of the exchequer of our said lord the king, and one of the privy council of our said lord the king, to detract, scandalize, and vilify; and to represent the said sir R. W. as an unjust officer and minister, and little fit to be used and intrusted by our said lord the king in the weighty affairs of this kingdom, and also to bring the said sir R. W. (as much as in him the said W. R. lay) into great hatred, contempt, and disgrace, not only with all his majesty's liege subjects, but also with our said lord the king; and also deceitfully, wickedly, and maliciously contriving and intending to detract, scandalize, aud vilify (a) Sce precedent, Cro. C. C. 7 Ed. 177. 1 East. P. C. 89. See form, 3 Hen. VII. c. 14. Co. Ent. 173.482. As to the offence of killing or conspiring to kill the chancellor, &c. see 1 East. P. C. 89. Com. Dig. Justices K. 8. 1 Hale, 230. If the assault on the privy counsellor be accompanied with a tumult, it may be laid as (b) See precedent, Cro. C. C. note n. Law Library University of Chicago |