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examine its own conduct, and it will find the With the same view I will read to you tho cause,-let it amend it, and it will find the beginning of Harrington's Oceana: but it is remedy.

impossible to name this well-known author Gentlemen, I am no friend to sarcasms in without exposing to just contempt and ridicule the discussion of grave subjects, but you the ignorant or profligate misrepresentations must take writers according to the view of which are vomited forth upon the public, to the mind at the moment; Mr. Burke as often bear down every man as desperately wicked, as any body indulges in it:-hear his reason who in any age or country has countenanced in his speech on reform, for not taking away a republic, for the inean purpose of prejudging the salaries from lords who attend upon the this trial. British court.-“ You would soon,” said he, [Mr. Erskine took up a book, und laid it “ have the court deserted by all the nobility down again without reading from it, saying of the kingdom.

something to the gentleman who sat near him, “ Sir, the most serious mischiefs would in a low voice, which the reporter did not follow from such a desertion. Kings are na- hear.) turally lovers of low company. They are so Is this the way to support the English conelevated above the rest of inankind, that they stitution ?-Are these the means by which must look upon all their subjects as on a Englishmen are to be taught to cherish it? level. They are rather apt to hate than to I say, if the man upon trial were stained with love their nobility, on account of the occa

blood instead of ink,-if he were covered over sional resistance to their will, which will be with crimes of which human nature would made by their virtue, their petulance, or their start at the naming, the means employed pride. It must indeed be admitted, that many against him would not be the less disof the nobility are as perfectly willing to act graceful. the part of flatterers, tale-bearers, parasites, For this notable purpose then, Harrington, pimps, and buffoons, as any of the lowest and not above a week ago,* was handed out to us vilest of mankind can possibly be.--But they as a low, obscure wretch, involved in the are not properly qualified for this object of murder of the monarch, and the destruction their ambition. The want of a regular edu- of the monarchy, and as addressing his decation, and early habits, with some lurking spicable works at the shrine of an usurper. remains of their dignity, will never permit Yet this very Harrington, this low blackguard, them to become a match for an Italian eu- was descended (you may see his pedigree at nuch, a mountebank, a fiddler, a player, or

the Herald's office for sixpence) from eight any regular practitioner of that tribe. The dukes, three marquisses, seventy earls, twentyRoman emperors, almost from the beginning, seven viscounts

, and thirty-six barons, sixteen threw themselves inro such hands; and the of whom were knights of the garter; a descent mischief increased every day, till the decline, which I think would save a man from disgrace and final ruin of the empire. It is therefore in any of the Circles of Germany. - But what of very great importance (provided the thing was he besides?-A BLOOD-STAINED RUFFIAN? is not overdone), to contrive such an esta- O brutal ignorance of the history of the blishment as must, almost whether a prince country! He was the most affectionate serwill or not, bring into daily and hourly offices vant of Charles the 1st, from whom he never about his person, a great number of his first concealed his opinions; for it is observed by nobility; and it is rather an useful prejudice Wood, that the king greatly affected his comthat gives them a pride in such a servitude. pany; but when they happened to talk of a Though they are not much the better for a commonwealth, he would scarcely endure it. court, a court will be much the better for _“I know not,” says Toland," which most them. I have, therefore, not attempted to to commend; the king, for trusting an horeform any of the officers of honour about the nest man, though a republican; or Harringking's person.”

ton, for owning liis principles while he served What is all this but saying that a king is a king.". na animal so incurably addicted to low com- But did his opinions affect his conduct?-pany,as generally to bring on by it the ruin Let history again answer. He preserved his of nations; but nevertheless, he is to be kept fidelity to his unhappy prince to the very last, as a necessary evil, and his propensities bridled after all his fawning courtiers had left him by surrounding him with a parcel of mis- to his enraged subjects. He stayed with him crcants still worse it possible, but better than while a prisoner in the Isle of Wight;-came those he would choose for himself.—This, up by stealth to follow the fortunes of his therefore, if taken by itself, would be a most monarch and master;—even hid himself in abominable and libellous sarcasm on kings the boot of the coach when he was conveyed and nobility: but look at the whole speech, to Windsor ;-and ending as he began, fell and you observe a great system of regulation; into his arms and fainted on the scaffold. and no man, I believe, ever doubted Mr. Burke's attachment to monarchy. To judge, * A pamphlet had been published just be therefore, of any part of a writing, THE WHOLE fore, putting T. Paine and Harrington on the

same footing-as obscure blackguards. Editor

of Erskine's Speeches, See New Parl. Ilist. Vol. XXI. pp. 53, 54.

66

NUST BE READ.

After Charles's death, the Oceana was written, and, as if it were written from justice and affection to his memory: for it breathes the same noble and spirited regard, and asserts that it was not CHARLES that brought on the destruction of the monarchy, but the feeble and ill-constituted nature of monarchy itself.

But the book was a flattery to Cromwell. Once more and finally let history decide. The Oceana was seized by the usurper as a libel, and the way it was recovered is remarkable. I mention it to show that Cromwell was a wise man in himself, and knew on what governments must stand for their support.

Harrington waited on the protector's daughter to beg for his book, which her father had taken, and on entering her apartment, snatched up her child and ran away.On her following him with surprise and terror, he turned to her and said, "I know what you feel as a mother, feel then for ME; your father has got my child:" meaning the Oceana. The Oceana was afterwards restored on her petition: Cromwell answering with the sagacity of a sound politician, "Let him have his book; if my government is made to stand, it has nothing to fear from PAPER SHOT." He said true. No GOOD government will ever be battered by paper shot. Montesquieu says, that " in a free nation, it matters not whether individuals reason well or ill; it is sufficient that they do reason.-Truth arises from the collision, and from hence springs liberty, which is a security from the effect of reasoning." The attorney-general has read extracts from Mr. Adams's answer to this book.-Let others write answers to it, like Mr. Adams; I am not insisting upon the infallibility of Mr. Paine's doctrines; if they are erroneous, let them be answered, and truth will spring from the collision.

Milton wisely says, that a disposition in a nation to this species of controversy, is no proof of sedition or degeneracy, but quite the reverse. [I omitted to cite the passage with the others.] In speaking of this subject, he rises into that inexpressibly sublime style of writing, wholly peculiar to himself. He was indeed no plagiary from any thing human; he looked up for light and expression, as he himself wonderfully describes it, by devout prayer to that great Being, who is the source of all utterance and knowledge; and who sendeth out his seraphim with the hallowed fire of his altar to touch and purify the lips of whom he pleases." When the cheerfulness of the people," says this mighty poet, "is so sprightly up, as that it has not only wherewith to guard well its own freedom and safety, but to spare, and to bestow upon the solidest and sublimest points of controversy and new invention, it betokens us not degenerated nor drooping to a fatal decay, but casting off the old and wrinkled skin of corruption, to outlive these pangs, and wax young

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again, entering the glorious ways of truth and prosperous virtue, destined to become great and honourable in these latter ages. Methinks I see, in my mind, a noble and puissant nation rousing herself, like a strong man after sleep, and shaking her invincible locks: methinks I see her as an eagle muing her mighty youth, and kindling her undazzled eyes at the full mid-day beam; purging and unscaling her long-abused sight at the fountain itself of heavenly radiance; while the whole noise of timorous and flocking birds, with those also that love the twilight, flutter about, amazed at what she means, and in their envious gabble would prognosticate a year of sects and schisms."

Gentlemen, what Milton only saw in his mighty imagination, I see in fact; what he expected, but which never came to pass, I see now fulfilling: methinks I see this noble and puissant nation, not degenerated and drooping to a fatal decay, but casting off the wrinkled skin of corruption to put on again the vigor of her youth. And it is, because others as well as myself see this, that we have all this uproar :-France and its constitution are the mere pretences.It is, because Britons begin to recollect the inheritance of their own constitution, left them by their ancestors:—it is, because they are awakened to the corruptions which have fallen upon its most valuable parts, that forsooth the nation is in danger of being destroyed by a single pamphlet.-I have marked the course of this alarm: it began with the renovation of those exertions for the public, which the alarmists themselves had originated and deserted; and they became louder and louder when they saw them avowed and supported by my admirable friend Mr. Fox; the most eminently honest and enlightened statesman, that history brings us acquainted with: a man whom to name is to honour, but whom in attempting adequately to describe, I must fly to Mr. Burke, my constant refuge when eloquence is necessary :—a man who, to relieve the sufferings of the most distant nation, "put to hazard his case, his security, his interest, his power, even his darling popularity for the benefit of a people whom he had never seen," How much more then for the inhabitants of his native country!-yet this is the man who has been censured and disavowed in the manner we have lately seen.

Gentlemen, I have but a few more words to trouble you with: I take my leave of you with declaring, that all this freedom which I have been endeavouring to assert, is no more than the ancient freedom which belongs to our own inbred constitution: I have not asked you to acquit Thomas Paine upon any new

Areopagitica. See Milton's Prose Works, by Birch, vol. 1, p. 168, 4to edit. of 1753.

+ Speech on the motion for going into a committee on Mr. Fox's India Bill. New Parl, Hist. Vol. XXIII, p. 1384,

while Jupiter strove only to convince him ;but happening to hint a doubt, Jupiter turned hastily round and threatened him with his thunder.-" Ah! ah!" says the countryman, now, Jupiter, I know that you are wrong; you are always wrong when you appeal to your thunder."

lights, or upon any principle but that of the
law, which you are sworn to administer:-
my great object has been to inculcate, that
wisdom and policy, which are the parents of
the government of Great Britain, forbid this"
jealous eye over her subjects; and that, on
the contrary, they cry aloud in the language
of the poet adverted to by lord Chatham on
the memorable subject of America, unfortu-
nately without effect,

This is the case with me--I can reason with the people of England, but I cannot fight against the thunder of authority.

Gentlemen, this is my defence for free opinions. With regard to myself, I am, and always have been, obedient and affectionate to the law-to that rule of action, as long as I exist, I shall ever give my voice and my conduct; but I shall ever, as I have done today, maintain the dignity of my high profession, and perform as I understand them, all its important duties.

"Be to their faults a little blind, "Be to their virtues very kind; "Let all their thoughts be unconfin'd, "And clap your padlock on the mind.” Engage the people by their affections, convince their reason,-and they will be loyal from the only principle that can make loyalty sincere, vigorous, or rational,-a conviction that it is their truest interest, and that their government is for their good.-Constraint is [Mr. Attorney-General rose immediately the natural parent of resistance, and a preg- to reply to Mr. Erskine, when Mr. Campbell nant proof, that reason is not on the side of (the foreman of the jury) said,-My lord, I those who use it. You must all remember am authorized by the jury to inform the AtLucian's pleasant story: Jupiter and a coun- torney General, that a reply is not necessary tryman were walking together, conversing for them, unless the Attorney General wishes with great freedom and familiarity upon the to make it, or your lordship.-Mr. Attorney subject of heaven and earth. The country-General sat down, and the jury gave in their man listened with attention and acquiescence, verdict-GUILTY].

575, Proceedings against JOHN FROST for Seditious Words: 33 George III. A. D. 1793. Ramsey.*].

INDICTMENT.

Of Hilary Term, in the 33d year of the reign of King George the Third.

to wit.

Middlesex,BE it remembered, that on Tuesday next after the octave of the purification of the blessed Virgin Mary, in the 33d year of the reign of our sovereign lord George the third, by the grace of God of Great Britain, France, and Ireland, king, defender of the faith, &c. in the court of our said lord the king, before the king himself, at Westminster, in the county of Middlesex, upon the oath of twelve jurors, good and lawful men of the said county of Middlesex, now here sworn and charged to inquire for our said lord the king, and the body of the same county-It is presented as followeth, (that is to say) Middlesex (to wit.) The jurors for our lord the king, upon their oath, present that John Frost, late of Westminster, in the county of Middlesex, gentleman, being a person of a depraved, impious, and disquiet mind, and of a seditious disposition, and contriving, practising, and mali

I have also availed myself of the report published in Erskine's Speeches by Ridgeway.

[Taken in
[Taken in Short-hand by

ciously, turbulently, and seditiously intending the peace and common tranquillity of our lord the king, and of his kingdom, to disquiet, molest and disturb, and to bring our most king of Great Britain, &c. into great hatred serene sovereign lord George the third, now 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 John Frost, his most wicked contrivances, practices, and intentions aforesaid, to compleat, perfect, and render effectual, on the 6th day of November, in the 33d year of the reign of our sovereign lord George the third, now king of Great Britain, &c. at the parish of St. Mary-le-bone, otherwise Marybone, in the county aforesaid, in a certain discourse, which the said John Frost, 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 John Frost) am for equality; I (meaning the said John Frost) see no reason why any man should not be upon a footing with another, it is every man's birth right; and that the said John Frost being thereupon then and there asked by one of the persons then and there present, how he, the said John Frost, dared to hold such language in any public or private company, and what he meant by equality; he, the said John Frost, 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 John Frost being further asked, if he meant no kings in this country, he, the said John Frost, wickedly, malicious ly, 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 John Frost 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 of all others in the like case offending, and against the peace of our said lord the king, his crown and dignity. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said John Frost being such wicked and evil disposed person as aforesaid, and further contriving and intending, as aforesaid, after wards, to wit, on the same day and year last aforesaid, at the parish aforesaid, in the county aforesaid, in another discourse, which the said John Frost 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 hege 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 John Frost) am for equality; and the said John Frost being thereupon, then and there asked by one of the persons then and there present, if he, the said John Frost meant thereby equality, and no king in this country; he, the said John Frost 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 kings, (meaning thereby amongst others, that there ought to be no king in this realm) to the great scandal and 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 jurors aforesaid, upon their oath aforesaid, further present that the said John Frost, being such wicked and evil disposed person as aforesaid, and wickedly, and seditiously devising and intending as aforesaid, afterwards (to wit) on the same day and year last aforesaid, at the parish aforesaid, in the county aforesaid, in the presence and hearing of divers other liege and faithful subjects of our said lord the king, then and there present, maliciously, sedi tiously, 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 and contempt of our said lord the king and his laws, to the evil example of all others in the like cases offending, and against the peace of our said lord the king, his crown and dignity.

Witnesses, JOHN TAITT, PAUL SAVIGNAC, › Both sworn in Court. True Bill. To this indictment, the defendant on the 15th day of February, 1793, gave bail, and pleaded Not Guilty.

Monday, May 27th, 1793.

As soon as the court (which was a very crowded one) was opened, the Special Jury were called over; eleven only appearing, the attorney-general prayed a tales, and the name of William Powell being misnamed, the associate applied to Mr. Frost, to know if he had any objection to admit Mr. Powell to be sworn as one of the jury? Mr. Frost replied, Mr. Powell was unknown to him, and perfectly indifferent, and therefore he desired the court would determine it.

The following Special Jury were sworn, Thomas Brookes, of Bedford-square, Foreman. Joseph Ballard, of Bedford-row, Edward Phillips, of Great James-street, William Blasson, of Hatton-garden, Thomas Langton, of the same, Thomas Dea, of Percy-street, Peter Dawson, of Goodge-street, Thomas Oliver, of Devonshire-street, Thomas Sandford, of Paradise-street, Richard Carter, of Paddington-street, Joseph Hobbs, of Margaret-street,-Esquires. Michael Robson, Talesman.

The Indictment having been opened by Mr.

Wood, the Attorney General, Sir John
Scott, spoke as follows:-

Gentlemen of the Jury;-Though I have the honour to attend you in my official character, it will not have escaped your attention, that this charge is brought against the present defendant by an indictment.

Gentlemen, the transaction, with the guilt of which the defendant is charged, happened

upon the 6th of November last. I hope I it is in consequence of that proceeding that shall not be thought guilty of stating any he is called upon to day to deny the truth of thing that can be considered as improper, the charges which this indictment contains, when I call your attention to a fact that is or to state to you upon what grounds he is to notorious to the whole country; that about contend, that his conduct as stated in this in. that period public representations had been dictment is to be considered as legal. made, that the minds of men were alienated Gentlemen, the transaction which the infrom that constitution, which had long been dictment charges him with, happened on the the subject of the warmest encomiums of the 6th of November last; you will find from the best informed men in this country; which conversation, as it will be given in evidence we have been in the habit of considering as to you, that Mr. Frost had, I think, returned the best birthright which our ancestors could from France shortly before, that he had dined have handed down to us, and which we have with a set of gentlemen, whom I believe to been long in the habit of considering as the be very respectable, at the Percy coffee-house most valuable inheritance that we had to upon that day; he came into the public coffeetransmit to our posterity. This constitution house between nine and ten in the evening, had been represented as that from which the as nearly as I am able to ascertain the time, affections of the country had become altoge- and a gentleman who had long been acther alienated; we were told that this disaf- quainted with him, to whom I believe I may fection was moving along the country with venture to say Mr. Frost was certainly under the silence of thought; and something like a no disobligations in life, seeing him, addressed public challenge was written to meet men him as an acquaintance, asked whether he who are fond of other systems, by fair ap- was lately come from France, and how matpeals to the public, who are finally to decide ters went on in that country. Mr. Frost told upon every question between every individual him he was lately come from France, and exof this country, and the government.

pected soon to go there again; he then added Gentlemen -The Attorney-general of that the words that have been read to you from day, who found himself by the duty of his the indictment: “ I am for equality; I can office called upon to watch over what he see no reason why any man should not be considered a property and inheritance of in- upon a footing with another; it is every man's estimable value, thought it necessary to meet birth-right." this sort of observation, by stripping himself Gentlemen, some persons present in this of what belonged to him in his official cha-coffee-room, the general conduct of all of nicter; and appealing, as far as he could ap- whom, I think, will have some influence upon peal, to the tribunals of the country, which your judgment, with respect to the mind with the wisdom of the constitution had establish- which Mr. Frost conducted himself upon that ed, for the purpose of protecting men from day, immediately asked him, what he meant improper accusations; and he did not there by equality? to which he answered, “ Why, I fore call upon those men whom he thought mean no king.”—“ What! dare you to own, proper to prosecute, by the exercise of any in any public or private company in this official authority of his own, putting them and country, such sentiments?"-" Yes, I mean himself at issue upon these points, as it were, no king ; the constitution of this country is a before a jury of the country, but he directed bad one." indictments to be carried to the grand juries Gentlemen, what were the other particulars of the country, to take their sense upon the of the conversation that passed I am unable subject, and to have their opinion, whether it to state to you, but you will find the zeal and was fit that persons propagating such doetrines anxiety with which a number of respectable as this defendant stands charged with, should, persons acted upon this occasion, made it very or should not, be suffered in this country to difficult for Mr. Frost to pursue this sort of state them with impunity?

conversation any further; and in what manGentlemen, in consequence of this deter- ner Mr. Frost left the coffee-house, and under mination the present defendant stands indict. what feelings and apprehensions in the minds ed; and before I state the words to you, I of those who were there, I shall leave to you think it my duty to mention to you, that he to collect from the witnesses, rather than atis now to be tried upon the second indictment tempt to state it myself. which a grand jury of this country has found. Now, Gentlemen, it is for you to decide, When the first indictment was carried before whether, in cases of this nature, prosecutions the grand jury, this defendant was abroad; a shall be carried on against defendants who warrant was issued for his apprehension, and think proper to use language so contemptuous he returned to this country in the month of to the sovereign of the country; and surely I February last: he appeared to the indictment, need not in this place contend, that any thing and gave bail to it; by some accident he had that is contemptious to the sovereign of the been indicted by a name which does not be country, any thing grossly reflecting upon the long to him, and pleaded the misnomer in administration of the magistracy of this counabatement. Another indictment was carried try, or persons holding the offices of magisbefore the second grand jury, who found that trates, according to the law of this country, secund indictment without any hesitation, and such as it is, and such as I hope it will con

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