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fendants and

convention

to alter the

don:, and to bring and put our said lord the king to death. And First overt to fulfil, perfect, and bring to effect their most evil and wicked act, a meettreason, and treasonable compassings and imaginations afore-ing of desaid, the said [defendants] as such false traitors as aforesaid, conspiracy with force and arms on the said, &c. and on divers other days to cause a and times, as well before as after, at, &c. aforesaid, maliciously, and traitorously did meet, conspire, consult, and agree among constitution themselves, and together with divers other false traitors, and depose whose names are to the said jurors unknown, to cause and the king. (i) 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, title, power, and government thereof. And further to fulfil, perfect, Second overt and bring to effect, their most evil and wicked treason, and act, publishtreasonable compassings and imaginations aforesaid, and in &c. inciting ing books, order the more readily and effectually to assemble such con- persons to vention and meeting as aforesaid, for the traitorous purposes meet for the 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, 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.

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

treasonable

purposes.

[*81]

time and

place of

act, defend

ants agreeing that some of

them should

meet rela

tive to convention.

Third overt And further to fulfil, perfect, and bring to effect their most act, consult- evil and wicked treason, and treasonable compassings and imaing as to ginations, aforesaid, and in order the more readily and effectually to assemble such convention and meeting as aforesaid, convention. 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 Fourth overt to compose and constitute the same. And further to fulfil, perfect, and bring to 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, 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 furact, procur- ther to fulfil, perfect, and bring to effect their most evil and ing arms to wicked treason, and treasonable compassings and imaginations order trai- aforesaid, the said [defendants] as such 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, 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 arming 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

Fifth overt

be made in

[82] torously to oppose the king's au

thority and

subvert government.

of

war against

subvert go

and altering, without, and in defiance of the authority, and against the will of the parliament of this kingdom, the legis lature, 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, Sixth overt and bring to effect, their most evil and wicked treason, and act, conspirtreasonable compassings and imaginations aforesaid, the said ing to levy [defendants] as such false traitors as aforesaid, with force and the king. 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 lord the king. And further to fulfil, perfect, Seventli and bring to effect, their most evil and wicked treason, and overt act, treasonable compassings, and imaginations aforesaid, the said conspiring to [defendants] as such false traitors as aforesaid, on, &c. afore- vernment. said, 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 Eighth overt fulfil, perfect and bring to effect their most evil and wicked act, publishing books treason and treasonable compassings and imaginations aforesaid, and in order the more readily and effectually to bring phlets incitabout such subversion, alteration,* and deposition as last afore- ing subjects said, the said [defendants] as such false traitors as aforesaid, [83] together with divers other false traitors, whose names are to traitorous the jurors aforesaid unknown, on, &c. aforesaid, and on divers subversion other days and times, as well before as after, at, &c. aforesaid, of laws, &c. 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, instruction, 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

and pam

to aid in

Ninth overt act, procuring arms to levy war against the

king.

Common conclusion.

For levying war against the king in

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 directions, to the subjects of our said lord the king, how, when, and upon what occasions, the traitorous purposes last aforesaid, should, and might be carried into effect. And further to fulfil, perfect, and bring to effect, their most wicked and evil treason, and treasonable compassings, and imaginations, aforesaid, the said [defendants] as such 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, against the duty of the allegiance of the said [defendants] against 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.

That G. G. late of the parish of Saint Mary le Bonne, otherwise Mary Bone, in the county of Middlesex, esquire, com[*84] monly called Lord* G. G. being a subject of our said sovereign this realm, 25 lord George the Third, by the grace of God, of Great Britain, Ed. III. st. 5. France, and Ireland king, defender of the faith, &c. not havc. 2. (k) ing 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 sembling armed with and bring to effect the said traitorous compassings, imaginaoffensive tions, and intentions of him the said G. G., he the said G. G. weapons. () afterwards, that is to say, on, &c. aforesaid, with force and

Overt act as

(k) See Cro. C. A. 290. This indictment was for the riots in A. D. 1780. See also Trem. P. C. 3.

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

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 2d 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 thea- For hissing tre called Drury Lane Theatre, for the purpose of seeing cer- and other

wise insult

after an at

tain dramatic performances to be there exhibited, to wit, at, ing the king &c. and that upon that occasion at, and in the said theatre, to as he was rewit, on the said, at, &c. aforesaid, a certain loaded pistol was turning from shot off and discharged at the person of our said lord the king, the theatre, with the cruel and wicked intent to kill and destroy our said tempt had lord the king, and that afterwards and as and when our said been there lord the king departed and returned in his* carriage from the [*85] said theatre on that occasion, to wit, on the said, &c. at, &c. made to aforesaid, A. B. late of, &c. and divers other ill disposed per- shoot him. sons to the number of twenty and more, whose names are to (m) 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

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

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