Second count. 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 tumultuously 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 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 so 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 [*86] noise, tumult and disturbance, and did then and 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 to 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 disorderly manner, in contempt, &c. [as in the first count.] For a libel on That D. I. Eaton, late of, &c. being a wicked, malicious, the king. (n) seditious and evil disposed person, and greatly disaffected to (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. see post 87, 8. to 96, 7. and Cowp. 672. 2 Campb. 398. 6 East, 583. 2 Leach, 4 Ed. 593. 4 Went. 199. 9 State Trials, 680. Hand's Prac. 255. 228. 11 State Tr. 264. Cr. C. C. 8 Ed. 255. 258. Cro. C. A. 112. For older precedents Trem. P. C. 35 to 65. Clift. Ent. 388. West. 200, 256. 309. 364. Went. 6 vol. In dex tit. Sedition. As to the offence of libels or words against the king, &c. see 1 East, P. C. 117 to 121. 4 Bla. Com. 123. Cro. Car. 117 to 127. With respect to the form of the indictment, see the notes to the Precedents of Indictments for Libels, post. It is not necessary or proper to allege that the defendant" traitorously" wrote the libel or uttered the words, but that allegation may be rejected as surplusage. 2 Lord Raymond, 879. 3 Salk. 198. Where the words import a crime of themselves, it is not 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 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. * [*87] count. And the jurors aforesaid, upon their oath aforesaid, do fur- Second ther 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 second.] his adminis That defendants being seditious, malicious, and ill-disposed Fora libel on persons, and being greatly disaffected to our present sovereign the king and George the Third, &c. and to his administration of the govern- tration. (9) ment of this kingdom, and most unlawfully, wickedly, and maliciously, devising, designing, and intending as much as in necessary to show that they were published, &c. Holt, 422. Though (0) 2 Campb. Rep. 398. 6 East, L [*88] monarchy and consti tution. () 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. For a libel on That Daniel Isaac Eaton, late of, &c. being a wicked, mahereditary licious, seditious, and ill-disposed person, and being greatly disaffected to 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 here (p) See precedent 4 Wentw. 199. Cowp. 672. 9 State Trials, 680. 1 East, P. C. 90. 4 Bla. C. 91, 2. As to form of indictment, ante 86. note n. ditary 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 Information royal highness Frederic prince of Wales, was the eldest son of for libel upon royal faour late sovereign lord king George the Second, and that his mily. (9) 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 said late royal highness the prin- [*89] cess 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, defame, 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 (9) Hand's Prac. 255. As to form of indictment, ante 86. note n. [*90] Second count. For a libel on king's government and employment of his 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 alliance* with the house of Saxe Gotha, by the marriage of his said late royal highness Frederic prince of Wales with her said late royal highness the princess of Wales) would bring the evil and insanity into his family, (meaning into the family of our said late sovereign lord George the Second, the descendants of his said late royal highness Frederic prince of Wales and the said late princess of Wales) old Jeptha, (meaning our said late sovereign lord king George the Second) was right, to the great contempt, disquiet, and affliction of our said lord the now king, his royal offspring and family, to the great danger of disturbing the harmony subsisting between our said lord the king and the house of Saxe Gotha, in open violation of the laws of this kingdom, 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 of our said lord the king, giveth the court further to understand and be informed, that the said J. A of his further malice against our said lord the now king, his royal offspring and family, and again unlawfully, wickedly, maliciously contriving, and intending as aforesaid, afterwards, to wit, on, &c. aforesaid, with force and arms, at, &c. aforesaid, wickedly, and maliciously did publish and cause and procure to be published in a certain other paper, entitled, "The General Advertiser," No. 3742, Tuesday, November 18th, 1788, a certain other false, wicked, 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 the family and descendants according to the tenor following, that is to say, old George, &c. [Here state libel with innuendos varying from first count, see Hand's Prac. 258, and conclude as in first count.] That John Horne, late of, &c. being a wicked, malicious, (r) Cowp. 672. and 11 State T. 264. Cr. C. C. 8th Ed. 258. Cr. C. A. 112. troops. (r) As to form of indictment, ante 86. note n. |