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seditious and ill-disposed person, and being greatly disaffected to our said present sovereign lord the king, and to his administration of the government of his kingdom, and the dominions thereunto belonging, and wickedly, maliciously and seditiously intending, devising and contriving to stir up and excite discontents and seditions among his majesty's subjects, and to alienate and withdraw the affection, fidelity and allegiance of his said majesty's subjects from his said majesty, and to insinuate and cause it to be believed that divers of his majesty's innocent and deserving subjects had been inhumanly murdered by his said majesty's troops in the province, colony,* or plan- [*91] tation of the Massachusett's Bay, in New England, in America, belonging to the crown of Great Britain, and unlawfully and wickedly to seduce and encourage his said majesty's subjects in the said province, colony or plantation, to resist and oppose his majesty's government, on, &c. with force and arms, at, &c. wickedly, maliciously and seditiously did write and publish, and cause and procure to be written and published a certain false, wicked, malicious, scandalous and seditious libel of and concerning his said majesty's government, and the employment of his troops, according to the tenor and effect following, "King's Arms Tavern, Cornhill, June 7, 1775. At," &c. [here set out libel and innuendos Cowp. 672.] in contempt of our said lord the king, 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 present sovereign lord the king, his crown and dignity. [There were other counts for publishing, &c. in different newspapers, see Cowp. 673. 11 St. Trials, 264. Cro. C. A. 112. Cro. C. C.8 Ed. 258.]

vernment

and also on

That at the time of the printing and publishing of the seve- For a libel ral scandalous, malicious and seditious libels hereinafter men- on the gotioned, and long before there was and yet is an open and pub- and constitulic war carried on between our said lord the king and the per- tion of the sons exercising the powers of government in France, and the kingdom, French, to wit, at, &c. and that at the time of the printing the adminisand publishing of the several scandalous, malicious and sedi-tration in or tious libels hereinafter mentioned, it was publicly rumoured der to deter and reported amongst the liege subjects of our said lord the subjects king, that the said persons exercising the powers of govern- ing invasion. ment in France, so being enemies of our said lord the king, () did intend and were preparing to invade this kingdom with an armed force, and in an hostile manner, to wit, at, &c. aforesaid, and that J. S. J. late, &c. being a malicious, seditious and ill disposed person, and being greatly disaffected to our

from resist

() Hand's Prac. 228. See form of indictment for a libel on administration in Ireland and certain minis

ters there, 6 East, 583. As to form
of indictment in general, ante 86.

note n.

[*92]

Second
Count.

said sovereign lord the king, and to the government and constitution of this kingdom, and most unlawfully, seditiously and maliciously contriving and intending to traduce, vilify and bring into hatred and contempt amongst the liege subjects of our said lord the king the government and constitution of this kingdom, both in church and state, as now by law established, and also our said lord the king's administration of government of this kingdom, and the persons employed by our said lord the king, in the administration of the government of the kingdom, and thereby to withdraw the affection and allegiance of the liege subjects of our said lord the king, from our said lord the king, and his government, and also most unlawfully, maliciously and seditiously devising and intending to dissuade and discourage the liege subjects of our said lord the king from resisting and opposing the said enemies of our said lord the king, in case the said enemies should make an hostile invasion into this kingdom, on, &c. at, &c. aforesaid, wickedly, maliciously and seditiously did publish and cause to be published a certain scandalous, malicious and seditious libel, containing therein among other things divers scandalous, malicious and seditious matters of and concerning the people, nobles, ecclesiastical dignitaries, government, and constitution of this kingdom, and of and concerning the administration of the government of this kingdom by our said lord the king, and of and concerning the persons employed by our said lord the king in the administration of the government of this kingdom, and also of and concerning an hostile invasion into this kingdom to be made by the said enemies of our said lord the king, in one part thereof according to the tenor and effect following that is to say, undoubtedly, &c. [here set out part of libel with innuendos, see Hand. 230.] And in another part thereof according to the tenor and effect following, that is to say, The established conduct of those ministers (meaning persons employed by our said lord the king) in the administration of, &c. [here set out another libellous part with in-. nuendos, Hand's Prac. 232.] 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. And the said attorney general of our said lord for our said lord the king giveth the court here further to understand and be informed that the said J. S. J. so being such person as aforesaid, and unlawfully, seditiously and maliciously contriving and intending to traduce and vilify and bring into hatred and contempt amongst the liege subjects of our said lord the king, the commons house of parliament of this kingdom, and the persons employed by our said lord the king in the administration of the government of this kingdom, particularly the right honourable W. P. being one of the persons employed by our said lord the king in the administration of the said government, and to insinuate and cause it to

be believed that the persons employed by our said lord the king in the administration of the said government, were unwilling to make peace with the aforesaid enemies of our said lord the king, upon reasonable and proper terms, and thereby to withdraw the affection and allegiance of the liege subjects of our said lord the king from our said lord the king and his government, on, &c. at, &c. aforesaid, wickedly, maliciously and seditiously did publish and cause to be published a certain other scandalous, malicious and seditious libel* containing [*93] therein amongst other things divers scandalous, malicious and seditious matters of and concerning the persons employed by our said lord the king in the administration of the government of this kingdom, and particularly the said W. P. and of and concerning the commons house of parliament of this kingdom, to the tenor and effect following, that is to say, The tyrannical temper and violent measures of the present administration, (meaning the persons employed by our said lord the king in the administration of this kingdom) exemplified by a transgression of the liberal policy of our ancestors, and the confessed principles of constitutional freedom in such numerous and momentous instances, form so great a contrast to the free energies of republican equality, as will not allow me to suppose for a single moment that Mr. P. (meaning the said W. P.) and his colleagues (meaning the persons employed together with the said W. P. by our said lord the king in the administration of the government of this kingdom) entertained a sincere wish of a hearty reconciliation and friendly intercourse with the French government. They must be sensible how such a commerce sooner or later, must dissolve an usurpation of power, in which they have fenced themselves by a copious manufacture of their staple commodities, posts and peerages, by a diffusion of corrupt humours through every vein of the body politic, even to the evanescent ramifications of its capillary vessels, and by a prostitute majority of borough-mongers, loan-jobbers, military officers, pensioners and official sycophants in the lower house, (meaning the commons house of parliament of this kingdom,) nay, through such amplitude of circumstance is their vicious and contaminating influence now propagated in every direction, that their power is irresistible throughout the country, notwithstanding all their miscarriages. and misconduct, notwithstanding their palpable inability and the acknowledged inefficacy of their measures; for I almost question whether a dozen men, at all distinguished for intellect and virtue, and political disquisition, who are at this hour the advocates of the present ministry (meaning the persons employed by our said lord the king in the administration of the government of this kingdom) can be found in Britain, from old Belerium to the Northern main, nor connected in fact or expectancy by themselves or relatives, with some who depend on the emoluments of the established system as church-men, offi

[*94]

For seditious words

of the king

and royalists,

(1)

Second count.

For speak

words of the

cers in the army or navy, contractors, money-lenders, lawyers or civil placemen. In contempt of our said lord the king and his laws, to the great scandal of our said lord the king and his government, 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. [Other count see Hand's Prac. 237.]

That A. B. late of, &c. labourer, being a wicked, seditious, and evil disposed person, and greatly disaffected to our said lord the king, and contriving and intending the liege subjects of our said lord the king, to incite, and move to hatred and dislike of the person of our said lord the king, and of the government established within this realm, on, &c. with force and arms, at, &c. in the presence and hearing of divers liege subjects of our said lord the king, maliciously, unlawfully, wickedly, and seditiously did publish, utter, and declare with a loud voice, of, and concerning our said lord the king, these words following (that is to say) "his majesty George the Third, (meaning our said lord the king,) is * * * * * thank God for it I (meaning the said A. B.) hope he (meaning our said lord the king) will soon be no more, damnation to all royalists;" to the great scandal 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, &c. [second count as follows] That the said A. B. being such wicked, seditious, and evil-disposed person as aforesaid, and greatly disaffected to our said lord the king, and contriving and intending the liege subjects of our said lord the king to incite and move to hatred and dislike of the person of our said lord the king, and the government established within this realm, on, &c. with force and arms, at, &c. unlawfully, wickedly, maliciously, and seditiously, in the presence and hearing of divers liege subjects of our said lord the king, again did publish, utter, and declare of, and concerning our said lord the king, and his good, true, and faithful subjects, these words following, that is to say, "I (meaning the said A. B.) hope king George the Third (meaning our said lord the king) will soon be no more; damnation to all royalists." [Conclusion as before.]

That J. S. late of, &c. being a pernicious, wicked, and evil ing seditious disposed person, and contriving, practising, and falsely, mali[95] ciously,* turbulently, and seditiously intending the peace and king and the common tranquillity of our lord the king, and this kingdom of

officers of his guards. (u)

(t) See other precedents, Cro. C. C. 8th Ed. 436. 7th Ed. 691. Williams J. tit. Seditious Practices. The indictment need not state that the words were spoken with intent to alienate his majesty's subjects, nor should it be laid that the defeudant

traitorously spoke, &c. though the allegation will not vitiate. 2 Ld. Raym. 879. As to form of indictment, in general, ante 86. note n. As to the punishment, Bla. Rep. 37.

(u) See precedent, Cro. C. C. Sth Ed. 436. This precedent differs from

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.

seditious

That A. B. late of, &c. dissenting preacher, being a perni- Against a cious and a seditious man, and a person of a depraved, impi- dissenting ous, and disquiet mind, and contriving, and maliciously, and preacher for seditiously intending to disquiet, molest, and disturb, the words in a peace and common tranquillity of our lord the king, and of this sermon. (x) 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, maliciously, 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,

[*96]

that in Cro. C. C. 7th Ed. 689. See last Winterbotham, A. D. 1793, on which precedent note, and ante 86. note n. he was convicted, and obtained from (x) This was the indictment against the crown office.

Crim. Law.

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