Jury, and the law of high treason, as stated by the Counsel for the Crown, had been adopted, the Prisoners could scarcely have had any defence, as they then must have been taken, upon the whole of the evidence, to have been privy to proceedings throughout the whole kingdom, directed to the subversion of the monarchy, and destruction of the King.

All that can be said upon such a case is, first, that dependence must be had upon the sacred trust of the Legislature, not without urgent necessity to adopt such a proceeding, and carefully to consider the fair result of the evidence, when made the foundation of an Act of Parliament; and secondly, that the British constitution provides for the safety of all who have the happiness to live under its protection, by giving to twelve men, to be taken from the mass of the people, the privilege and the duty to sit in judgment upon all that the authority of Parliament may have decided to be the fact, and all that the learning of the Judges may consider to be the application of the law.

In that respect, whatever may be the merits of this case, and whatever, amidst the variety of judgments in a free country, may be the prevailing opinion concerning it, the trial by Jury must ever be dear to Englishmen. The verdict of Acquittal, instead of giving encouragement to whatever spirit of sedition might have existed at that period, produced an universal spirit of content and confidence in the people. Nothing indeed could more properly excite such sentiments, than so memorable a proof of safety under the

laws.

SESSION HOUSE IN THE OLD BAILEY,

Saturday, October 25th, 1794.

PRESENT,

Lord Chief Justice EYRE;

Lord Chief Baron MACDONALD ;

Mr. Baron HOTHAM;

Mr. Justice BULLER;

Mr. Justice GROSE;

And others His Majesty's Justices, &c. THOMAS HARDY, JOHN HORNE TOOKE, JOHN AUGUSTUS BONNEY, STEWART KYD, JEREMIAH JOYCE, THOMAS HOLCROFT, JOHN RICHTER, JOHN THELWALL, and JOHN BAXTER, were arraigned, and severally pleaded Not guilty.

The Indictment charged, that the Prisoners, being subjects of our Lord the King, not having the fear of God in their hearts, nor weighing the duty of their allegiance, but being moved and seduced by the instigation of the devil, as false traitors against our said Lord the King, their supreme, true, lawful, and undoubted lord, and wholly withdrawing the cordial love and true and due obedience which every true and faithful subject of our said Lord the King should and of right ought to bear towards our said Lord the King, and contriving, and with all their strength intending, traitorously to break and disturb the peace and common tranquillity of this kingdom of Great Britain, and to stir, move, and excite insurrection,

rebellion, and war against our said Lord the King within this kingdom, and to subvert and alter the legislature, rule, and government now duly and happily established in this kingdom, and to depose our said Lord the King from the royal state, title, power, and government of this kingdom, and to bring and put our said Lord the King to death, on the first day of March, in the thirty-third year of the reign of our Sovereign Lord the now King, and on divers other days and times, maliciously and traitorously, with force and arms, &c. did amongst themselves, and together with divers other false traitors, to the said Jurors unknown, conspire, compass, imagine, and intend to stir up, move, and excite insurrection, rebellion, and war against our said Lord the King, within this kingdom of Great Britain, and to subvert and alter the legislature, rule, and government now duly and happily established within this kingdom of Great Britain, and to depose our said Lord the King from the royal state, title, power, and government of this kingdom, and to bring and put our said Lord the King to death. And that to fulfil, perfect, and bring to effect their most evil and wicked treason and treasonable compassings and imaginations aforesaid, they, with force and arms, maliciously and traitorously did meet, conspire, consult, and agree among themselves, and together with divers other false traitors, to the said Jurors unknown, to cause and 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, and to 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, they, together with divers other false traitors, to the Jurors unknown, 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. 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, they did meet, consult, and deliberate among themselves, and together with divers other false traitors, 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 to compose and constitute the same. And further to fulfil, perfect, and bring to effect their most evil and wicked treason and treasonable compasings 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