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1817
ARTES SCIENTIA VERITAS
TRIAL
OF
ROBERT WATT,'
FOR
HIGH TREÁSON,
BEFORE THE COURT, UNDER THE
SPECIAL COMMISSION OF OYER AND TERMINER
HELD AT EDINBURGH.
TAKEN IN SHORT HAND BY MR. BLANCHARD,
REVISED BY THE COUNSEL ON BOTH SIDES,
AND
PUBLISHED WITH PERMISSION OF THE COURT.
EDINBURGH:
PRINTED FOR WILLIAM BROWN, BOOKSELLER,
PARLIAMENT CLOSE.
1795.
DA
507
1795
735
1
Havius Crooke And.
fow
2.4433
81975
PROCEEDINGS
:
A SPECIAL SESSION OF OYER AND TERMINER,
HEED AT EDINBURGH ON THURSDAY THE 14th or august 1794, ¦
BEFORE
İLAY CAMPBELL, Lord Prefident of the College of Justice,
ROBERT MACQUEEN, Lord Juftice-Clerk.
ALEXANDER MURRAY, Lord Henderland.
DAVID RAE, Lord Efkgrove.
JOHN SWINTON, Lord Swinton.
Sir WILLIAM NAIRN, Lord Dunfinaan.
ALEXANDER ABERCROMBY, Lord Abercromby,
JAMES MONTGOMERY, Lord Chief Baron.
AND
Hon. FLETCHER NORTON, Senior Baron.
PROCLAMATION being made, the Commiffion was opened
by Mr Knapp, the Clerk of the Commiffion. The Sherif
of the County of Edinburgh then returned the Precept,
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which
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which had iffued to him to fummon the Juftices of the
county, the Grand Jury, and Conftables to attend.
The Juftices names were then called over.
Then thoſe of the Grand Jury, and the following perfons.
were fworn in :
Sir John Inglis, Bart. of Cramond, Foreman.
Andrew Wauchope, of Niddery Marſhal.
Charles Watfon, of Saughton.
George Ramfay, the younger, of Barnton,
John Trotter, of Mortonhall.
Gilbert Innes, of Stow.
Robert Trotter, of Caftlelaw..
James Walker, of Dalry.
William Simpfon, Royal Bank. *
Walter Brown, of Currie.
George Thomfon, of Burnhouſe.
William Prefton, of Gorton.
James Kerr, of Blackfhiells.
John Davie, of Gaviefide.
John Davidſon, of Ravelrig.
Charles Brown, of Coalftown,
John Balfour, the younger, of Pilrig
John Newton, of Curriehill.
James Pittullo, of Hayfield.
Alexander Reid, of Ratho.
Alexander Keith, of Ravelfton.
Simon Frafer, of Ford.
}
:
Thomas M⭑Millan, of Soonhope, Efquires.
The LORD PRESIDENT then addreffed the Grand Jury in
the following words :
Gentlemen of the Grand Jury,
THE
HE duty which you are called upon at this time to dif
charge, however important, muſt be in a great meaſure new
to you, It will not therefore be improper, that I trouble
:
you
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you with a few words, in order to point out what I con
ceive to be the leading principles and objects of the commif-
fion under which you are to act.·
At the fame time, you will not fail to keep in view, that
whatever fuggeftions may come from me, in the way of ge-
neral information, chiefly upon matter of law and of legal
form, that the nature of the buſineſs may be underſtood; to
you alone, Gentlemen, belongs the right of applying theſe
to the individual charges when laid before you, and to the
evidence adduced in fupport of thofe charges, as it will reft
with you to determine by the anſwer which you are to make,
agreeably to the folemn oaths which you have taken, and to
the honourable dictates of your own minds, whether there
is, or is not, fufficient ground for any further proceedings
against the parties accuſed.
Hitherto, Gentlemen, it has been our good fortune to be
little acquainted with High Treaſon, or the modes of inqui
ring into it in fo much, that our knowledge of that crime
is derived almoff only from the Statute-book, with the com-
ments upon it by learned and eminent writers on the Law,
and the hiſtory of Trials, moſtly of an ancient date. The
reafon is obvious, few attempts having been made in our
time to diſturb the public tranquillity; the people of this
country were fatisfied, and good cauſe they had to be fỡ,
with the bleffings which they enjoyed, under a ſyſtem of
Laws, and a form of Government, the effence of which is
LIBERTY. Every man's right,-every man's franchiſe ;
the fruits of his induftry; the fafety of bis perfon; the
exerciſe of his religion;-his liberty;-his fame;—all havė
been fecured to the utmoſt extent of his wifh.What fair
pretence then could any man have to ſeek for a change?
During the fame period, and as a neceffary confequence
thefe ineftimable advantages, the country has continued
to profper more and more; for notwithſtanding the wars,
in which, from various cauſes, and chiefly from the turbu
tence or ambition of our neighbours, we have been too often
engaged, it is a fact indifputable, that this country has ad
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tanced not flowly, or in a flight degree, but rapidly and con
fpicuouſly, in Commerce, in Agriculture, in every uſeful
Art, in Population, and in Wealth, fo that the growing in-
come, and increaſed induſtry of the country, have not only
kept pace with, but far exceeded any additional burden arif-
ing from the neceffary increaſe of national expenditure.
Gentlemen, it is not my intention, nor do I think it in
any degree neceffary, in addreffing myfelf to you, to enlarge
upon theſe topics, or to confume your time, by going into
minute details concerning the British Conftitution, and the
admirable manner, in which the powers of the State, Legif-
lative and Executive, are combined and balanced, whereby
the liberty of every individual is completely fecured; I mean
that Liberty which alone can be enjoyed by men living in a
State of Society; Civil Liberty, which, as the celebrated
Montefquieu obferves, is founded in fecurity, which confiſts i
every man's doing, not what he wills but what he ought to
will, the right of doing whatever the laws permit, and no
more; for if one could do what the laws forbid, he would
no longer be poffeffed of Liberty, becauſe every other man
would have exactly the fame, power.
But, Gentlemen, it will perhaps be faid, why do I make
thefe obfervations? Has any fudden change of circumftances
happened? Is there any imminent danger of our being de-
prived of thoſe inestimable rights which have been deſcribed?
I hope not; we ftill have the fame laws, the fame Conftitu-
tion, the fame gracious Sovereign upon the throne who has
reigned for years paft. Recent events too, have fhown that
our failors and our foldiers, are not yet deficient in. valour,
nor their officers in good conduct,and it is not to be doubted,
that the Great Body of the People, have fufficient good
fenſe and ſpirit, to refift the madneſs of innovation, and ef-
fectually to oppofe the wicked attempts of enemies, without
or within.
But, Gentlemen, it is to be remembered, that we are en
gaged in war, with an inveterate, a cruel, and a vindictive
xnemy; an enemy, whofe object feems to be, to fpread defo-
lation™
dation far and wide; whoſe leaders, if they ever were
queft of Liberty, have been very unſucceſsful in finding it;
who upon the ruins of their ancient Monarchy, and even of
their own improved conftitution, have now railed up fome
thing, which one is at a lofs to name or underſtand, unlefe
be either complete Anarchy, or the moft ferocious Tyranny.
It may be faid, what is all this to the ftate of Great Bri
tain? Perhaps nothing at all, if we take care that the con-
tagion does not reach us. But if it be true, as has been af
ferted, that they have, by a formal decree, eſtabliſhed their
National Convention, as a grand committee of general in-
furrection for the purpoſe of overthrowing every exiſting
government in Europe; if it be true that they have a
bettors in this country, who either in connection with
France, or from fimilar views and imaginations, formed
in their own minds, are bufy in promoting the fame will
and deftructive projects here, is it not high time that we
fhould look with fome degree of anxiety to our own fits-
ation, and to our fafety?
•
It is difficult for us to conceive, that British fubjects, who
are not defperate or infane, fhould be fo loft to all fenfe of
duty; fo blind to every fair intereft that men can have; or
fo abandoned to wickednefs, as to enter deliberately and
knowingly into the horrid confpiracy of deftroying the Con-
ſtitution of their country, and rifing in rebellion againſt their
Sovereign. Yet report fays, that fuch daring plans have.
been formed, and you, Gentlemen, the Grand Jury of the
county of Edinburgh, are met this day for the purpoſe of
making a folemn, difpaffionate, and candid inquiry, in the
manner directed by law, whether any fuch Treafon has been
comaritted within the district to which you belong, and whe-
ther the perſons now meant to be charged ought or ought
not to be put upon trial for fo atrocious an offence.
If I have expreffed myſelf ſtrongly against the crime
which is undoubtedly the higheſt of any, as it goes not
merely to a partial breach of the law, or to an injury against
Individuals, but tends to the utter fubversion of all Law and
Government
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Government, and the diffolution of the bonds of fociety, I
hope it will not be underſtood, that I mean in any degree to
excite your paffions againſt thoſe who may have the misfor-
tune to be accuſed, ſo as to lead you to a hafty or ill-found-
ed opinion againſt them: on the contrary, it is my duty to
admonish you againſt undue prepoffeffion, and to request.
that you may keep in view, that the prefumption of inno-
cence is an effential and a valuable rule of Criminal Jurif-
prudence, which rule is not in any degree weakened by the
atrocity of the crime.
Gentlemen, as to all previous inquiries before the Houfe
of Commons or elſewhere, concerning this alledged Treafon,
and all reports made upon thoſe inquiries, if any of you have
had occafion to read or to hear of them, you are to lay them
out of your minds, as you cannot proceed upon any thing
extra-judicial, but can only take under your view, the proofs
which are actually brought before you in a legal fhape.
At the fame time it is neceffàry for you to keep in view,
that it is not your province to try the parties accufed, or any
of them. You are only to hear the evidence on the part of
the Crown, for the purpoſe of fatisfying you, whether fuch
probable circumstances of guilt appear against the prifoner,
as to justify the fending him to another Jury, who are ap
pointed by law to hear the evidence on both fides, and to
fay whether the perfon charged be guilty or not of the crime
imputed to him in the indictment; and, if upon fuch trial,
any advantage can be derived to the prifoner, either from
legal defences, or from favourable circumftances in point of
fact, it will be the duty of the Court, as well as of thofe
acting for the parties, to take care that the fame be fully
ſtated and understood. Your prefentment, if you find a true
bill, is not of the nature of a conviction, but is an authority
to the accufation, merely to the effect of bringing the pri-
foner to a fair and full trial. On the one hand, it is not your
duty upon flight furmife, or mere fufpicion, to bring any
perfon into the difagreeable predicament of being tried for
his life upon a charge of High Treafon. On the other hand,
you
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you are not tied down fo ftrictly to all the niceties of evi-
dence, as if you were trying the whole iffue, but may and
ought to proceed upon what you think a probable and rea-
fonable caufe for putting the accufed party on his trial. Such
is the deſcription of your duty, as given by every Conſtitu-
tional Writer on this important branch of the law.
By an act of the 7th of King William, two witneffes are
required to make out a charge of Treafon, but two witneffes
are not neceffary to each act, for the ftatute exprefsly fays,
that it is enough, if " either both of them fwear to the fame
"overt act, or one of them to one, and the other to another
“ overt act of the fame Treafon," ſo that one witneſs to
each of two different acts of the fame Treafon is fufficient.
I prefume, Gentlemen, all of you know, that in confe-
quence of the Union between the two kingdoms of Scot-
land and England in 1707, the Engliſh Law of Treaſon, and
the forms of proceeding with refpect to inquiring into, and
trying the crime, came to be adopted by us as a matter of
high expediency and juſtice, that the ſubjects of both parts
of the United Kingdoms, who were bound to the fame du-
ty of allegiance might be under the fame law, and tried in
the fame manner, in cafe of any alledged breach of that
duty. Accordingly it was fo fettled by the Act 7. Queen Anne,
c. 21, which is the authority under which this prefent Com-
miffion of Oyer and Terminer has been iſſued by his Majef-
ty in the precife form and manner prefcribed by that fta-
tute. The method of proceeding under fuch a Commiffion,
is likewife well known. One advantage the prifoner cer-
tainly has by it, namely, that of paffing through the hands
of two different Juries before he can be convicted. The
King's Advocate in every other cafe, exercifes the power of
a Grand Jury in Scotland, and it is believed no Advocate
has ever yet abufed that power. But in cafes of High
Treaſon, none of us will regret that ſo high and momentous
a truft is committed to no individual whatever.
-
The Treafon law of England, which is now alfo the law
of Scotland, was fixed by a ftatute, in the 25th year of Ed-
ward
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ard II. from the preamble of which we learn, that before
Esis time, and while matters refted upon the footing of Com-
mon law, the definitions of Treafon were various and un-
Ettled, different opinions being occafionally entertained up-
en the fubject, whereby the fafety of individuals was much
endangered, as they did not precifely know what actions
Were treafonable, and what were otherwife. It was there-
fore thought proper, in the reign of that wife and able
Frince, that the defcriptions of Treafon fhould be precife
and clear, and with that intent, this important ftatute was
made, which arranges and defcribes the crime under differ-
ent heads. It is needlefs to trouble you with the whole of
them, as there are two only that have any application to thể
prefent: buſineſs. The first is in theſe words, «When a
}
an doth compafs or imagine the death of our Lord the
King, or of our Lady his Queen, or of their eldeſt fon and
Beir 1%
The fecond," Or if a man lévy war againſt our
Ford the King in his Realm, or be adherent to the King's
enemies in his Realm, giving to them aid and comfort in
the Realm, or elsewhere, and thereof be proveably attainted.
of open deed by the people of their condition,"
Whether the indictment be laid upon the one or the other
of thefe heads, an overt act must be charged and proved.
As to the firſt, we are told by Lord Chief Juftice Hale, in
is excellent book upon the Pleas of the Crown, that "Com-
palling the death of the King is High Treaſon, though it be
not effected; but becauſe the compaffing is only an act of
the mind, and cannot of itfelf be tried without fome overt
act to evidence it, fuch an overt act is requifite to make fuch
compaffing, or imagination, High Treafon." And Judge
Fofter, in his Crown Law, another book of great authority,
tays,
"The care the law hath taken for the perfonal fafety
of the King is not confined to actions, or attempts of the
more flagitious kind, to affaffination, or poifon, or other at-
tempts, directly and immediately aiming at his life. It is
extended to every thing wilfully and deliberately done, or
attempted, whereby his life may be endangered; and therefore
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the entering into meaſures for depofing or impriſoning him,
or to get his perfon into the power of the confpirators, theſe
offences are overt acts of Treafon, within this branch of the
ftatute; for experience hath fhewn, that " between the priſon
and the graves of princes the diftance is very fmall."
રે
As to the fecond head, both thefe learned writers agree,
that a bare confpiracy, or confultation of perfons, to levy a
war, is not fufficient to bring the cafe within that branch of
the ftatute; but they alfo agree, that in certain circumſtances
fuch a confpiracy or confultation may amount to an overt
act of compaffing the King's death, and fo to bring the caſe
within the first branch. Thus, Lord Chief Juftice Hale
fays, An affembly to levy war againſt the King, either to
depofe or reftrain, or enforce him to any act, or to come to
his prefence, to remove his counſellors or minifters, or to
fight against the King's lieutenant, or military commiffion-
ate officers,. is an overt act proving the compaffing of the
death of the King; for fuch a war is directed againſt the
very perfon of the King, and he that defigns to fight againſt
the King, cannot but know at leaſt it muſt hazard his life.”
And Judge Fofter tells us, " Every infurrection which, in
judgment of law, is intended against the perfon of the King,
be it to dethrone or imprifon him, or to oblige him to alter
his meafures of government, or to remove evil counſellors
from about him; thefe rifings all amount to levying war
within the ftatute; whether attended with the pomp and
circumſtances of open war or no. And every confpiracy tợ
levy war for thefe purpofes, though not treafon within the
claufe of levying war, is yet an overt act within the other
tlaufe of compaſſing the King's death. For thofe purpoſes cand
not be effected by numbers and open force, without mani-
feft danger to his perfon."
14
In like manner, Judge Blackftone, in fpeaking to the fe-
cond branch of the ftatute, fays, that "A bare confpiracy
to levy war does not amount to this fpecies of treafon; but,
if particularly pointed at the perfon of the King, or his Go
vernment, it falls within the firft, of compaffing or imagining
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the King's death." In fhort, a confpiracy to levy war a
gainst the King for the purpoſe of reſtraining him in any
thape, is held equivalent to a confpiracy againſt his life.
Another fpecies of infurrection may take place, which not
being fo immediately pointed against the King, but only by
confequence, fuch as an infurrection to raiſe the price of
wages; to open prifons; to deftroy meeting houſes; to
throw down all inclofures; to alter the established law in
any particular; or to redreſs any ſuppoſed grievance, it was
more doubtful whether this fort would fall under any claufe
of the ftatute. By conftruction of Law, however, even this,
on account of its tendency, has been held to be a levying of
war under the fecond claufe, if the rifing has actually taken
place; but a bare confpiracy to effect fuch a rifing is not
held as an overt act of compaffing the King's death, the
parties concerned not being ſuppoſed to have in contempla-
tion any attack againſt the King, or his Royal Authority, fo
as to put his perfon in hazard, unleſs this alfo be charged
and proved.
Theſe diſtinations have at different times been the ſubject
of a good deal of difcuffion; but they feem to be founded in
a juſt conſtruction of the Treafon Law. In every café,
therefore, of a charge for High Treafon upon the firſt branch
of the ſtatute, i. e. that of compaffing the King death,
when a confpiracy or confultation to levy war is alleged as
the overt act, it is neceffary to inquire what fort of rifing
was intended, and what was the object or purpoſe in view.
It does not belong to me to ſay, nor do I know what pre-
cife matters will be brought in evidence before you upon the
bills of indictment, which are to be the fubject of your con-
fideration: but in general, as High Treafon is the charge,
and as circumſtances will probably be brought in view tend-
ing to make it appear that the parties accufed were engaged
in a confpiracy, or had formed plans and projects of riſing
in hoftility againſt the King and his Government, perhaps,
under the maſk of Reform, but no matter what the pretence
was; you will firft fatisfy yourfelves as to the evidence of
the
[ 11 ]
II
the fact, and the nature of the defign, and then you will
confider what the probable confequences would have been,
had fuch a defign been carried into effect. If you fee reaſon
to think that the object of thofe concerned, from the mea-
fures which they took, was, by force of arms and of num
bers, to feize the government of the country, and of courſe,
to fuperfede the King's authority, and to take the power of
the State into their own hands for a time, you can scarcely
hefitate to be alfo of opinion, not only that the King's per-
fon would, by the execution of fo defperate a project, have
been put into the moſt imminent danger, but that the prob-
able confequences would have been to deluge the land with
blood!
If the cafe appear to you in that light, you will confider
whether it is not your duty to find a bill. If it appears to
be of a different defcription, your anfwer will be according-
ly. The character which all of you bear, leaves not the
fmalleft room to doubt, that the public will be completely
fatisfied whatever your determination may be.
Mr Anftruther moved, That Arthur M'Ewan, William
Bonthorn, John Fairley, William Brown, Robert Orrock,
and Martin Tod, prifoners now detained for High Trea-
fon, might be admitted witneffes on behalf of the Crown,
and be conveyed before the Grand Jury to give evidence on
bills of indictment againſt Robert Watt, David Downie, and
John Edmonds Stock, for High Treafon, which was order-
ed accordingly.
The before mentioned witneffes were then brought into
Court to be fworn, but refuſed to be fworn according to
the Engliſh form; upon which the Lord Prefident ſwore
each of them according to the Scotch form.
Then the Grand Jury requeſted, That Mr Knapp, the
Clerk of the Commiffion, and Mr Warrender, theCrown
Agent, might attend them during their examination of the
bills of indictment.
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Mr Anftruther moved the Court for the fame. It was
accordingly ordered.
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The Court then adjourned until feven of the clock the
fame evening, in order to give the Grand Jury time to con-
fider of the bills; but at the fame time the Lord Preſident
intimated the wiſh of the Court that they would not over
hurry themſelves, but if they fhould not be agreed at that
timè, that then the Court would adjourn over to the next
morning.
:
The fame day at 7,o'clock, the Court met purfuant to
their adjournment, when the fame Commiffioners were prefent.
The Grand Jury then came into Court, and their names
being called over, they prefented two bills of indictment.
One againſt ROBERT WATT and DAVID DOWNIE, and the
other against JOHN EDMONDS STOCK, for High Treafon,
endorfed, True Bills. The Court theno rdered the Sheriff to
have the bodies of Watt and Downie brought from the Caſtle
and fet to the bar, to be informed that there were bills of
indictment found against them. They were accordingly
brought to the bar, and were informed by the Lord Prefi-
dent, that they were entitled to have Counſel to defend
them, and that the Court would affign them any they would
name; but it appearing to the Court that they were not
then prepared to name their Counfel, the Court indulged
them till' eleven o'clock the next day to do fo; and it was
ordered by the Court in the mean time, that their Agents
fhould have acceſs to them in prifon, at any reaſonable times.
The Court alſo informed them, that they were entitled to a
copy of their indictment, and lift of the witneffes to be produ-
ced againſt them, and a lift of the Jury intended to try them,
delivered ten days before their trial. Then a copy of their
indictment, together with the caption of the Court, and a
lift of the witneffes, containing their names, profeffions, and
places of abode; and a lift of the Jury, containing their names,
profeffions, and places of abode were then delivered to each
of the prifoners in Court.
Then the Court adjourned until eleven o'clock on Friday
morning.
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PROCEEDINGS of the COURT on FRIDAY the 15th inftant,
Eleven o'clock in the Forenoon.
L
PRESENT.
The LORD PRESIDENT, the LORD JUSTICE-CLERk, Lore
HENDERLAND, LORD SWINTON, LORD DUNSINNAN, and
the LORD CHIEF BARON.
The two prifoners, Watt and Downie, were then put to
the bar.
→
Robert Watt defired the Court to affign as Counſel for
him, William Robertfon, Efq. and William Erikine, Efq.
and in cafe of the non-attendance of both thoſe Gentlemen on
his behalf, then he named Archibald Fletcher, Efq. inftead
of either of them who might be abfent; and he named John
M'Ritchie as his Agent, which the Court confented to, and
ordered accordingly.
{
Then the prifoner David Downie delivered in a lift of
the names of feveral Advocates, and defired the Court
would affign any two of them to affiſt him in making his,
defence. The Court named, at his requeſt, John Clerk,
Efq. and Archibald Fletcher, Efq. to be his Counfel, and
in cafe either of them fhould not be able to attend, Robert
Cullen, Efq. in their ftead, and named John Dillon to be
his Agent, which the Court ordered accordingly. Then it
was ordered by the Court, that the feveral Counfel_and
Agents thould have access to the prifoners at all feaſonable
hours; at the fame time, giving them leave to take the ad-
vice and the affiftance of any other Advocate whom they
might think proper, and if any of thofe Advocates fo ap-
pointed ſhould not be able to attend, that then the Court
would
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would, at the requifition of the prifoners, affign any other
they fhould name. The prifoners were then informed,
that they would be brought up to plead to their indictment
on Wedneſday the 27th inftant, but that they were not then
to be tried. The Court then adjourned to Friday the 22d
inftant, at 11 o'clock in the forenoon.
PROCEEDINGS of the COURT on FRIDAY the 22d August.
PRESENT,
The LORD JUSTICE CLERK, LORD DUNSINNAN, LORD
ABERCROMBY, and the LORD CHIEF BARON.
William Robertfon, Efq. My Lords, I have been ap-
pointed by your Lordships as one of the Counſel for Ro-
bert Watt, but I wiſh to ſubmit to the Court whether, as
I have the honour of being Solicitor General for his Royal
Highneſs the Prince of Wales, for Scotland, I can be af-
figned as Counſel for a prifoner who is indicted for High
Treafon. The duties of the ſtation I hold ſeem to me to
be repugnant to thofe I might be called upon to exercife as
Counſel for the prifoner at the bar. I hope your Lord-
fhips will think this a fufficient excufe for my not appearing
as Counſel for him.
THE LORD CHIEF BARON. I hope notice has been given
of this to the priſoner, that he may name fome other perfon
for the appointment of the Court to fupply your place, aș
your objection is very proper.
William Erfkine, Efq. My Lords, I attend as Counſel
for the prifoner Robert Watt, along with Mr Robertſon.
I beg leave to inform the Court that, in confequence of early
notice having been fent to Robert Watt, that Mr Robert-
fon could not attend, he has named Mr Robert Hamilton to
be
1
( 15 Ï
be one of his Counfel. To which the Counfel for the Crown
readily confented, and he was affigned accordingly.
Lord Advocate. The purpofe of your Lordihips adjourn-
ing to this particular day, was on the motion of the Counſel
for the profecution; they at that time having reaſon to be-
lieve it would have been in their power to have brought ſome
bufinefs before your Lordships to day, but they have been dif- ·
appointed in their expectations. The perſon they intended to
have brought to your Lordships bar to day is not yet taken.
I have therefore nothing more to trouble the Court with to
day, and am forry that the Court have had the trouble of
att ending.
LORD CHIEF BARON. Then it will be proper for the
Court to make the order of adjournment.
Mr Erskine. My Lord, I obferve in this indictment a-
gainſt Watt, there are feveral papers founded on by the
Counfél for the profecution alledged to be of a treaſonable
nature, which he is accufed of having, written and publiſhi
ed. I fhould fubmit, by the forms of this Court, whether
we are not entitled to fee thofe papers before the priſoner is
put upon his defence.
Mr Anfruther. It is almoft unneceffary for me to fay
one word in anfwer to what is propofed by the Counſel for
the priſoners, fuch a propofition has never been made before
in any fuch cafe, The prifoner is entitled to a copy of the
indictment and a lift of the witneffès to be produced againſt
him, but he is not entitled to fee the evidence the Counſel
for the Crown mean to produce; they will produce it in
proper time at prefent, with all due deference, it is not in
the power of the Court to call upon the profecutors for a
diſcloſure of the written teftimony or the oral evidence they
mean to produce. Therefore this motion cannot have fuc-
defs. If the Counſel for the prifoner defire to have any
paper produced which they rely on as evidence, they may,
by means of a Subpoena duces tecum, call upon any witneſs
to produce fuch papers at the trial; but before, it is impof-
fible
1
*
?
( 16 )
ible to have the papers in our poffeffion, or to have a difclos
fure of the evidence on which we mean to rely.
Mr Erskine. I do not know that I am entitled to prefs
my prefent motion. It is well known to your Lordfhips,
that the Counfel for the Crown could not by the laws of
this country produce a fingle paper againſt a prifoner on his
trial, which his Counfel have not had an opportunity of
feeing. The Gentlemen on the other fide have afferted
that a different rule prevails in Englands Your Lordships
will judge between us.
LORD CHIEF BARON.-The Counfel for the profecution
may conſent to a production of particular papers in their
cuſtody.
Lord Advocate.-Unquestionably, fo far as any papers in
our cuſtody are proper to be produced, or fhewn, we can
have no objection to their being produced to the priſoner.
LORD CHIEF BARON.-They may call for it as evidence
in defence.
Mr Anftruther.They are to do as they think fit.
LORD CHIEF BARON.What thoſe papers are, Mr Erskine
wiſhes to fee I know nothing about. I have not ſeen the
indictment; whatever way it may be laid, the prifoner is
intitled to fee nothing without the conſent of the Counſel for
the Crown-they are to produce whatever evidence they
think proper--If the prifoner's Counfel think it material,
the mode of coming at it is laid down by the Counſel for
the Crown, that they may have the common proceſs, and
may be prepared to make uſe of it, when the trial comes on.
Mr Anftruther.— We propoſe to bring up the priſoners on
Wedneſday next, in order to their being arraigned. The
Act of Parliament allows ten days from the time of deliver-
ing the copy of the indictment, which was done on Thurſday
laft. Ten clear days and the two Sundays carry us to
Wedneſday the 27th inftant, as the earlieft day upon which
they can be arraigned.
The Court was then adjourned to Wedneſday the 27th
of Auguſt, at eleven o'clock in the forenoon.
WFD-
1
- ( 17 )
WEDNESDAY, AUGUST the 27th, 1794.
The Court met according to adjournment, when the fol-
lowing Commiffioners were prefent :
LORD JUSTICE CLERK, FLETCHER NORTON, Efq. LORD
ESKGROVE, LORD SWINTON, LORD DUNSINNAN and LORD
ABERCROMBY.
The prifoners were then brought to the bar and ar-
raigned.
LORD JUSTICE CLERK -Gentlemen of Counſel for the
Priſoners, have you any motion to make?
Mr Fletcher. Formerly your Lordſhip appointed Mr.
Clerk and myfelf as counſel, and in cafe either of us could
not attend, the priſoner requeſted Mr Cullen might be ap-
pointed, and your Lordship did appoint Mr Cullen in the
place of Mr Clerk for David Downie.
Mr Knapp. He was appointed provifi ɔnally.
Mr Hamilton. There is a witnefs, who is extremely
important for the defence of the Prifoner, (to wit) Watt, for
whom I appear; his name is Kennedy; he is a witneſs for
the Grown; but I understand, he is not to be found.-I
wiſh to know if the Counſel for the Crown have any rea-
fonable expectation of getting him brought forward as a
witnefs for the Crown. If they have, he will be alfo ready
for the Priſoner.
Mr Anfruther. Kennedy is named among the liſt of
witneffes, and the Courfel for the Crown have made every
enquiry, both in England and here, to have his perfon;
whether they will be fuccefsful in finding him I cannot ſay,
but moſt undoubted:y, no means have been fpared for the
purpoſe.
Mr Hamilton. I have received a fatisfactory anſwer from
the Counfel for the Crown; the reafon for my motion was,
C
that
}
[ 18 ]
}
{
7
that the witneſs's teftimony is of great confequence for the
defence of the Prifoner, and if ſo, I apprehend I ſhould be
well founded in grounding my motion for the delay of this
trial. I will not fay I fhall not in a fubfequent ftage of this
trial make fuch motion. I underſtood by the Law of
England, when a witneſs is not prefent, who it is neceffary
fhould be produced, if there is any expectation of getting
him, I ſhould be entitled to move for a delay of the
trial, for fuch time as might be neceffary to bring fuch wit-
nefs forward.
Mr Fletcher. My Lords, as Mr Downie, my client, has
the fame dependance upon the teftimony of Kennedy as Mr.
Watt has, if there is any delay granted to the one, I ſhould
move the fame may be granted to the other.
Mr Anftruther. It is not neceffary for me in this ftate
of the buſineſs, to object to a motion not now made, but
announced as intended to be made; but I wish to be can-
did, and to inform the counfel for the prifoners, that if ever
fuch a motion ſhall be made, I fhall oppofe it to the utmoſt
of my power; and I have no fcruple in ftating one of the
grounds on which I fhall oppoſe the motion.—I wiſh the
Court to be informed, that this Mr Kennedy is a perſon,
who, upon the firſt diſcovery of the treaſonable acts char-
ged on the gentlemen at your Lordſhips bar, (and who is
now ſtated to be a material witneſs) thought proper to elope
from this country, and to fiy from Juftice, which was in
fearch of him; from the 1ft of May to the prefent hour,
none of the officers of Juftice, either in Scotland or Eng-
land, ever could lay hands upon, or get fight of Kennedy,
or gain the leaft intelligence where he is to be found,-re-
wards have been offered for his apprehenfion, which have
not yet had effect ;-therefore, whenever a motion to delay
the trial,ſhall be made upon the ground of his abfence, I fhail
oppoſe it,and the more fo, if it is made three weeks after the
notice of the day of trial. If the Counfel for the priſoners
know where he is to be found, I can only fay, we ſhall be ex-
tremely obliged to them for fuch information, and I will an
fwer
[
19 ]
'
F
for for it, if he is to be found, he fhall be brought in cuftody
to the bar.
Mr Hamilton. I have had an anſwer which is fatisfac-
tory; I only mentioned that in cafe it was likely for him to
be produced, I might perhaps make fuch a motion.
Mr Dundas. The Counſel for the prifoners will exer-
cife their own difcretion as to their motions in future; I can
only fay, if fuch a motion is to be made, and it fhould fuc
ceed, the trial may be deferred for ever: large rewards have
been offered for Kennedy's apprehenfion in vain.
Mr Hamilton. My motion was in cafe the Counſel for
the Crown had any reaſonable expectation of getting him.
LORD JUSTICE CLERK. Have you any other motion to
make?
Mr Fletcher. I understand the Defendants are to be
ſeparately tried.
Lord Advocate. They must be feparately tried.
Mr Knapp. If they join in their challenges they may be
tried together.
Mr Anftruther. With refpect to that, your Lordships
know, on trials for High Treafon, every prifoner may chal-
lenge thirty-five; it becomes extremely inconvenient to try
two perfons together, becauſe, if they differ in their chal-
lenges, it would be attended with great difficulty; the
Counsel for the Crown, therefore, mean to defire two ſeve-
ral pannels for the trial of the two prifoners; if they agree,
they would be bound down to one challenge for both. We
do not aſk them to do fuch a thing.
Mr Fletcher. I believe they will not agree in their chal-
lenges. What we wiſh to know, as Counſel for the Defen-
dants, is, which is to be tried firſt?
Lord Advocate. I have no objection at all to ftate toMr
Fletcher, that our intention is to bring Mr Watt to trial firſt.
瓶
​LORD JUSTICE CLERK. The Court will now adjourn to
Wedneſday next, at eight o'clock.
The rest of the Judges then agreed to adjourn to Wed-
neſday, at eight o'clock in the morning precifely.
1
Proclamation was then made accordingly, by the cryer of
the Court.
C 2
}
1
[ 20 ]
*
PROCEEDINGS of the COURT of Over and Terminer,
held at EDINBURGH, on WEDNESDAY, SEPTEMBER the 3dg
ཡ་
1794.
4
7
६
THE TRIAL OF ROBERT WATT, FOR HIGH TREASON.
PRESENT,
#
}
1
1
Lord PRESIDENT,
Lord-CHIEF BARON,
Lord JUSTICE CLERK,
Mr BARON NORTON,
Lord ESKGROVE,
Lord SWINTON,
Lord DUNSINNAN,
Lord ABERCROMBY,
Counsel for the Crown.
The Lord ADVOCATE,
Mr SOLICITOR GENERAL,
Mr ANSTRUTHER,
Mr DUNDAS.
Agent, Mr WARRENDER.
บ
Counfel for the Prifoner.
Mr HAMILTON,
Mr ERSKINE.
Agent, Mr M'RITCHIE.
*
Clerk of Arraigns. You, the Prifoner at the Bar, thefe
good men that you fhall hear called, and. perfonally appear,
are to paſs between our Sovereign Lord the King and you,
upon, the Trial of your Life and Death; if, therefore, you
will challenge them, or any of them, your time is to ſpeak
unto them, as they come to the book to be fworn, and be-
fore they are fworn.
་
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The
[ 21 ]
The JURY were then called, as follows 1—
George Gardner,
John Bell,
Thomas Mure, Efq.
Alexander Houſton,
Benjamin Yule,
Donald Smith,
James Carfrae,
Prifoner, I challenge him.
Prifoner, I challenge him.
Prifoner, I challenge him."
Did not appear.
Prifoner, I challenge him."
Prifoner, I challenge him.
Prifoner, I challenge him.
Sir William Forbes, Bart. Prifonier, I challenge him.
Robert Young,
Prifoner, I challenge him.,
Alexander Wallace,
Prifoner, I challenge him.
William Mitchell was called, and a certificate of bad
health was produced, from Mr Cheyne, a furgeon; Mr Mit-
chell was accordingly excufed by the Court.
}
Adolphus Scales. He was from home when fummoned.
There is a letter from his brother, that he had been abſent
for three weeks.
2. (To the fummoning officer, Andrew Scott.) Did you
leave a fummons at Mr Scales's houfe?
Mr Scott.
Yes.
2. What number is it?
Mr Scott. I will tell you. No. 15, fummoned the 28th
of Auguſt laft.
2.
Was he at home?
A. No.
2. You left it with the fervant?
A. Yes. (No further notice was taken by the Court.)
Patrick Inglis. A melancholy event had prevented his
attendance.
James Mansfield did not anfwer.
David Clark
William Hunter
James Mitchell
John Scougall
William Sibbald
was fworn in, i
was fworn in, z
was fworn in, 3
was fworn in, 4
was fworn in,
5
John
}
点
​}
[ 22 ]
1.
7
John Horner
Thomas Hutchinſon
Archibald Campbell
George Kinnear
William Frazer
John Andrew
William Lamb
Clerk of Arraigns. Count thefe.
the names of the Jurors fworn;
counted.
was fworn in,
was fworn in, 7
was fworn in,
was fworn in, g
was fworn in, 10
was fworn in, II
was fworn in, 12
He then called over
they were accordingly
Clerk of Arraigns. Cryer, make proclamation,
Cryer. Oyez !-If any one can inform my Lord the
King's Advocate General, or this Inqueft now to be taken,
of the High Treafon, whereof the prifoner at the Bar
ftands indicted, let them come forth, and they fhall be heard,
for now the prifoner ftands at the Bar upon his deliverance,
and all others that are bound, by recognizance, to give evi-
dence, against the prifoner at the bar, let them come forth
and give their evidence, or elfe they forfeit their recogni-
zance, and all Jurymen that have been called, and have ap-
peared, and are not fworn, may depart the Court.
Clerk of Arraigns. Robert Watt, hold up your hand,
(which he did.)
Clerk of Arraigns. (to the Jury:)
+
Gentlemen, You that are fworn, look upon the prifon-
er, and hearken to his charge. He ftands indicted by the
name of Robert Watt, late of Edinburgh, in the county of
Edinburgh, not having the fear of God in his heart, nor
weighing the duty of his allegiance, but being moyed as a
falſe traitor againft our Lord the King, and wholly with-
drawing the cordial love, and true and due obedience, fide-
lity and allegiance, which every true and faithful fubject
fhould, and of right ought to bear towards our, Lord the
King, and wickedly, maliciouſly, and traitorously contriving
to break and diſturb the peace, and to change, fubvert, and
overthrow the government happily eſtabliſhed in this king-
dom, and to excite, move, and raife infurrection and rebel-
lion,
i
1
3
J
[ 23 ]
lion, and to depofe our Lord the King from the govern
ment of Great Britain, and to put him to death, on the
first day of March laft, and on divers other days.
The firft overt act is, that he, on the firft of March, did
maliciouſly, wickedly, and traitoroufly meet, conſpire, con-
fult, and agree to caufe and procure a meeting of divers
fubjects, to be affembled and held, within this kingdom of
Great Britain, under the name of a Convention, for the
purpoſe of affuming to themfelves, at fuch meeting, the
powers of Government and Legiflation over this kingdom,
(independant, and in defiance of the authority, and againſt
the whole of the Parliament of this kingdom,) and of fub-
verting and altering the rule and government, and depofing
our Lord the King from the government and royal ſtate.
3
The fecond overt act is, that he met, and confulted to
inftigate, incite, encourage, and perfuade the fubjects of our
Lord the King to caufe and procure divers meetings and af-
femblies, for the purpoſe of choofing delegates from among
themſelves, to meet in a meeting, under the name of a
Convention, to be held for the purpoſe of affuming to
themſelves the powers of Government and Legiflation, and
of depofing the King.
The third Overt Act is, that he met and affembled to
chufe a Convention to be held, the object of which was to
redreſs national grievances by ufurping to themfclves the
powers of Governinent and Legiflation of this Kingdom, in
defiance of the authority of Parliament.
The fourth Overt Act, is confulting to bring about in fuch
a Convention to be held without the confent of Parliament,
an alteration and change in the mode of reprefentation, and
inftigating and inciting perfons to fend Delegates to ſuch
Convention for the fame purpoſe.
The fifth Overt Act, that he conſpired with other falfe
traitors by force to oblige the King to alter the meaſures of
Government, and to comply with certain unlawful demands,
propofitions, and meafures to be thereafter made by hin, re-
1
}
lating
(24)
lating to the King's adminiſtration of the Government of this
kingdom.
The fixth Overt Act is, that he confpired to raiſe and
make infurrection and rebellion againſt our Lord the King.
The feventh Overt Act is, that he confpired to oblige the
King by force to comply with certain demands to be made
by him, and conſent to the introduction of regulations and
meaſures refpecting the Government of this Kingdom.
The eighth Overt Act is, that he confpired, confulted
and agreed with other falfe traitors, to feize and take,
the Caſtle of Edinburgh into his poffeffion by force of arms,
with guns, pikes, fpears, battie axes, and other offenfive
weapons, and to provide leaders to be appointed and in-
ftructed by him, and to lay in wait and furprize the forces of
our Lord the King, ftationed in the faid Caſtle of Edinburgh,
and to attack and fight them, and to take into his poffeffion
by force the public Barks and Excife Office, and to ſeize and
impriſon the Juftice Clerk, the Lords of Council and Sef-
fion and Jufticiary, and the Lord Provost of Edinburgh.
The ninth Overt Act is, that he did inftigate and incite
divers fubjects of our Lord the King, to confent to, and ap-
prove the laft mentioned traitorous propofals, and to aid
and affiſt him in effecting and carrying the fame into exe-
cution.
The tenth Overt Act is, that he confpired and confulted
with other falfe traitors, to procure arms for the purpoſe of
arming himſelf and others to enable him to refift the King
in the legal exercife of his Royal power and authority.
The eleventh Overt Act is, that be confpired to raiſe and
levy money, the better to carry into effect his traitorous pur-
pofes aforefaid.
The twelfth Overt Act is, that he compofed, printed,
publifned and difperfed certain malicious, wicked and trea-
fonable papers and addreffes among the fubjects of our
Lord the King, inciting them to contribute and fubfcribe
money for the ufe of him and other falfe traitors, and to
appoint Collectors to collect and receive fuch money, and
to
( 25 )
to remit and pay the fame to him, with intent that fuch
money ſhould be accounted for and diſburſed in ſuch way
as fhould be moft calculated to make and raife infurrection
and rebellion against the King.
¿
The thirteenth Overt Act is, that he hired and employed
John Fairley to carry and difperfe fuch papers as laſt afore-
ſaid, and delivered him a great quantity for that purpoſe,
with intent to incite the fubjects of our faid Lord the King,
forcibly to refift the King in the exerciſe of his authority, and
to affift in profecuting an attempt to be made to fubvert the
Government.
}
The fourteenth Overt Act is, that he inftructed the faid
John Fairley to inftigate and incite the fubjects of our faid
Lord the King, to give affurance and fupport, and to remit
fuch money as fhould be collected to him.
The fifteenth Overt Act is, that he employed the faid John
Fairley to inftigate and incite the fubjects of our faid Lord
the King, to procure arms, and to arm themſelves to reſiſt
the King, and to aid and affift him in fubverting the Go-
vernment.
The fixteenth Overt Act is, that he employed William
Brown to make and procure arms for arming himſelf and
other falfe traitors, and paid them money for the fame.
The feventeenth Overt Act is, that he employed Robert
Orrock to make arms for the fame purpoſe.
The eighteenth Overt Act is, that he continued and got
into his poffeffion arms, and kept them concealed in his
dwelling houfe, in readiness to be made ufe of for the
traitorous purpoſes aforefaid, againſt the duty of his allegi-
ance, against the form of the ftatute in fuch cafe made and
provided, against the peace of our faid Lord the King, his
Crown and dignity.
?
Upon this indictment he hath been arraigned, and there-
unto hath pleaded not Guilty, and for his triat hath put him-
felf upon God and the country, which country you are
Your charge is to enquire whether he be guilty of this High
Treaſon where of he ſtands indicted or not guilty; if you find
Ꭰ
hin
;:
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( 20 )
*
1
seiab, xar
him guilty, you are to enquire whatgoods and chattels, lands
and tenements he had at the time the High Treafon was com-
mitted, or at any time fince; if you find him not guilty, you
are to enquire if he fled for it, you are to enquire of his
goods and chattels as if you had found him guilty; if you
find him not guilty, and that he did not fly for it, you are
to fay fo and no more, and hearken to the evidence.
Mr Dundas.-Gentlemen of the jury;
This is an indictment against the priſoner at the bar for
High Treafon. As the officer has read the feveral Overt
Acts of High Treafon, and the feveral acts of the defen-
dant, to carry into effect his treaſonable purpoſes, it be-
comes neceffary for me to do no more than ſtate the ſub-
ſtance of this indictment, which, if I do not deceive myſelf,
1 fhall be able to ſtate in almoft one fentence.
The indictment ftates that the prifoner confpired to endea
vour to call a Convention, which Convention was to ufurp the
powers of legiflation in this country, and to take into their
own hands the redreſs of certain national grievances which this
defendant alledged to exiſt. The indictment ſtates that the
defendant has confpired to procure arms to be placed in the
hands of the ſubject againſt the Sovereign, to reſiſt the exer,
cife of Royal authority, to compel his Majefty to change
the meaſures of his government, to force him to adopt fuch
plans and fuch fchemes as to this defendant and his affo-
ciates it might ſeem expedient to propoſe,
་
Gentlemen, That I may not waste your time, as the talk
of explaining the law devolves into the hands of a perfon
better qualified, I will ſtate, finally, Gentlemen, that the
defendant had confpired with other affaciates, to concert
meaſures to overawe and reftrain the conduct of the Go
vernment, and to endanger the perſon of his Majefty, which,
ss the language of the indictment, and which the law ftates,
is,to compaſs and imagine the death of the King-To this in-
dictment the defendant has pleaded not guilty. You will
hearken to the evidence, and give your verdict accordingly.
+
Mr.
( 27 )
Mr Anftruther. My Lords; and Gentlemen of the jury;
It is my duty upon the prefent occafion, to lay before you
the ftate of the cafe which the Counſel for the Crown think
they fhall be able to prove against the prifoner at the bar.
Iu doing this, Gentlemen, it will be neceffary for me to
beſpeak a confiderable portion of your attention, and that of
the Court; becauſe ſuch has been the happy ſtate of this
country, fuch has been the peace and profperity with which
this nation hath been bleffed, under that conftitution which
the priſoner at the bar is charged with attempting to over-
turn, that the law of treafon lives not in the experience of
any of us. It is now nearly half a century fince, in this
country, there was occafion to bring any perfon to trial for
fuch an offence. It is therefore necceffary for me to ſtate to
you fully, and explain to you diftinctly what the law is which
we charge the prifoner with having committed a breach of,
and then I fhall lay before you, thofe facts which we mean
to prove as breaches of that law.
In doing this I have already ſtated I ſhall have occafion
to requeſt a confiderable portion of your patience, becauſe
I poffefs none of thofe powers of oratory which could engage
your attention for the length of time which it may be
neceffary to confume. If I did poffefs any fuch powers,
Gentlemen, I ſhould abſtain from the ufe of them upon the
prefent occafion. It is not my duty; I am not fent here for
that purpoſe; and I am ſure I ſhould ill exccute the truſt which
is repoſed in me, I ſhould ill perform the duty which I owe
to the Sovereign whom I ferve, if I endeavoured to excite
your paffions againſt the prifoner at the bar. It is my duty
to give you a plain and dry ſtatement of the law; it is my duty
to give you a fuccinct narrative of the fact, accompanied with
fuch obfervations as may be neceffary to explain thoſe facts
and that law to you, and there my duty for the prefent ends.
You all know that the law of treafon has been, fince the
beginning of this century, the fame both in this country and
in England. After the union of the two kingdoms, it was
thought wife and expedient, that as we all owed the fame
duties to our Sovereign, the meaſure and extent of thofe
duties
( 28 )
duties fhould be one and the fame in all parts of the king-
dom. As we ſerve one mafter, as we obey one Sovereign,
and are living under one legislature, it was thought proper,
not only that we should have the fame duties to perform, but
that the fame modes and means of trial and punishment for the
breach of thoſe duties fhould take place in both countries.
Therefore I am under the neceffity of ftating to you the
law of treaſon, as it exifts in the law of England, becauſe
the law of England has been the law of Scotland upon that
fübject for near a century paft. And give me leave to re-
mind you, that it was a wife and beneficent act to the ſubject
which extended the English law of treaſon to this country.
Inced not tell the learned bench I addrefs, I need hardly
tell´any man of common education who hears me, that the
law of treafon as it exifted in Scotland, anterior to the happy
period I am ſpeaking of, was a law infinitely more fevere,
infinitely more oppreffive and more hard upon the fubject
than the law that exiſted in England at the fame period.
We are therefore indebted to the wifdom, to the beneficence,
and to the humanity of that legiflature which extended to
us the advantages already enjoyed by our fellow fubjects in
the other end of the ifland.
Gentlemen, the law of treafon lies in a fhort compafs; it
has exiſted merely in its preſent form in England ever fince
the reign of Edward the III. when it was reduced to a cer-
tainty, and ſtated in a fhort Act of Parliament, which has
been little altered from that period to the préfent day. That
act ſtates three diftinct fpecies of treafon, independant of
that ſpecies of treafon which has no connection with the
prefent cafe, namely, counterfeiting the coin. The firſt is
compaffing and imagining the death of the King.
cond is levying-war againſt the King. The third is adhering
to the King's enemies.: whoever fhall be found guilty of any
of theſe three fpecies of offence is guilty of treaſon.
Į
The fe
With the two laſt of theſe, it will not be neceffary that I
ſhould trouble you at all. Levying war againſt the King is
not the offence which the indictment charges againſt the
prifones
( 20 )
prifoner at the bar, neither is the adhering to the enemies
of the king the offence you are now to try.
The fingle ſpecies of treaſon charged againſt the priſoner
at the bar, is compaffing and imagining the death of the
King
Gentlemen, the charge I fay, is compaffing and imagine
ing the death of the King. You cannot but take notice of
the fingularity of the phrafe which conftitutes the crime in
this inftance.
Compaffing and imagining the death of the King.-hat
is, he who intends, he into whofe imagination it enters, he
who conceives the defign of deftroying the Sovereign upon
the Throne is guilty of the crime. It is the intention and
imagination of the perfon upon which the law affixes the
guilt. And therefore it is that the law uſes the phraſe-com-
paffing and imagining the death of the King.
Gentlemen, the law has been thus cautious and thus
anxious to preferve the life of his Majefty, becauſe the law
knows the danger to which we must all be expofed; the
law knows the bloodshed and ruin into which this country
muſt be involved, if fuch compaffings and imaginations take
effect, and therefore has gone beyond its ufual limits in its
care for the prefervation of the perfon of his Majeſty, and
has fixed the crime upon the intention and not upon the act
done.
But whilft it has been thus cautious and thus anxious to
preſerve the life of his Majefty, whilſt it has gone the length
of fixing the crime upon the intention of the perfon, it has
Been equally anxious for the life of the fubject; and tho”
it fays the intention of the fubject is the crime it puniſhes,
yet it does not rafhly or lightly collect that intention; it
does not gather the imagining the death of the King from
loofe or vague fufpicion; for the ſtatute of Edward III, fays,
**no man fhall be found guilty of compaffing or imagining the
"death of the King, unleſs he be proveably attaint by open
« deed, before men of his condition." Therefore it is neceſ
fary that I fhould explain to you what that open deel is or
what
( 30 )
what it is which is called in the language of the law, an Overt
Act of High Treaſon. Every indictment muſt contain in it the
overt acts charged upon the prifoner, and the truth or the
falſehood of thofe now ſtated you are to try.
Gentlemen, an Overt Act of High Treaſon, is the means
that are uſed for effectuating the purpoſe of the mind. If a
perfon barely conceives the idea of compaffing and imagining
the King's death, that is not treaſon, but it becomes treaſon,
and puniſhable as fuch, the moment he employs any means,
whatever they may be, to effectuate the purpoſe of his mind;
what the law calls an Overt Act in its own language, is ther
in common language, no more than the means the perfon
takes to effectuate the purpoſe of his heart. And the overt
acts ſtated to you in this indictment, are the means which we
charge this defendant has employed to carry his intention
into practice. Gentlemen, you have heard the phraſe com-
paſs and imagine the King's death. Now, you are not to fup-
poſe from this that it is neceffary for me to ſtate ſome direct
or poſitive defign to poifon or affaffinate the King, or put an
end to his life by any direct method. It is not neceffary I
ſhould prove an attempt to affaffinate or deſtroy him di-
rectly, becauſe I have told you the crime is in the imagina-
tion of the perſon, and the overt act is the means uſed to
carry it into effect. If he intended to do that which, in
its natural confequence, endangers the life of the King; if
he uſed means to accompliſh a purpoſe which placed his
Majeſty in a fituation of peril, and thoſe means be ſtated in
the indictment, he muſt be found guilty; for men ſhall not
be allowed to attempt to place the Sovereign in fuch fituations,
and then ſay they did not compaſs the death of the king,
becauſe they did not intend the natural and neceffary con
fequences refulting from their acts.
Therefore, if I produce evidence to fatisfy you of fuch
intention in the prifoner at the bar, and if I have charged
in the indictment, and prove in fact what amounts in point
of law, to means uſed to effectuate that intention, and that
purpoſe, it will be your duty to find him guilty.
Theft
( 33 )
Thefe are not my ideas, thefe are not my words, thefe are
not my explanations of the law; for ſtanding in the fituation
in which I ſtand, in the peculiar circumſtances in which I
am now addreffing a Jury of my countrymen, I ſhould feel
myfelf highly criminal indeed, Gentlemen, if I ftretched the
law one word beyond its fair bearing. I wish you to take
no conſtruction of mine into your confideration. I will prove
what I have faid to be the law by the opinions and writings
of able and ſkilful men, at all periods of our conftitution, and
by the words of learned and wife judges at different times.
upon different trials,
Gentlemen, Mr Juftice Forfter, one of the best writers.
upon the Criminal Law of England, and a man not more
famous for correctnefs and elegance of writing, than for the
love of liberty and the conftitution of his country fays,
"The care the law hath taken for the perfonal fafety of the
"King is not confined to actions or attempts of the more
"flagitious kind, to affaffination or poiſon, or other attempts
"directly and immediately aiming at his life; it is extend-
❝ed to every thing wilfully and deliberately done or at-
tempted, whereby his life may be endangered." "He goes
on to fay, " And therefore the entering into meaſures for
"depofing the King, or impriſoning him, or to get his per-
"fon into the power of the confpirators; thefe offences are
"overt acts of treaſon within the branch of the ftatute; for
"experience hath fhewn, that between the prifons and the
graves of Princes, the diſtance is very finall." But Gen-
tlemen, he don't even ftop here, for he goes on to tell you,
That offences which are not fo perfonal to the King as
"thofe already mentioned, have been with great propriety
"brought within the fame rule, as having a tendency, tho
"not fo immediately, to the fame fatal end." He puts this
cafe,which in my opinion, illuftrates the law better than any
cafe I can ſtate to you. The cafe he puts is this ; “. A per•
fon entering into meaſures in concert with foreigners or
others, in order to an invafion of the kingdom, or going
into a foreign country, or even propofing to go thither to
"that
( 32 )
1
that end, and taking any fteps in order thereto; there
* offences are overt acts of compaffing the King's death.
·
You will obferve, Gentlemen, if the perfoni abroad happened
to be a perfon who is at amity with the Crown of England,
the end it meant could not be for,adhering to the enemies of
the King, becauſe in truth the perfons adhered to were not
enemies of the King; but fays Mr Juftice Forfter," Men who
"do fuch acts ought to be, and may be, and many perfons
"upon fuch a cafe, have been indicted and found guilty of
"compaffing and inaagining the death of the King. Why? be
"cauſe thoſe acts have a manifeft tendency to endanger the
"perfon of the King, and therefore upon the cleareſt prin-
"ciples of fubftantial and political juſtice are brought with-
"in that fpecies of treafon of compaffing the King's death,
“ne quid detrimentì refpublica capiat.”
Thefe are the words of this learned judge. And upon his
authority I ftate, that if I fhould lay before you any thing
that has a manifeft tendency to endanger the perfon of the
Sovereign, it will be your duty to find the prifoner guilty of
this fpecies of treaſon. This is not the language of Mr
Juftice Forfter only; and Gentlemen, you will excufe
me for being a little tedious upon the prefent occafion, be-
cauſe I am anxious every thing fhould be fully and perfectly
understood. I am anxious to bottom myfelf upon the autho
rity of great and approved writers; if it be thought that F
am going too much over the fame ground, the novelty and
fingularity of this cafe will, I hope, be an apology with you
and the Court. This is not only the language of Forſter in
George 2d's time, but the language of Lord Chief Juftice
Hale himſelf, the greatest and best judge that ever fat in
England in Charles ad's time, he tells you" Though the
"confpiracy be not immediately and directly, and expreſsly'
the death of the King, but the confpiracy is of fomething
that, in all probability, muſt induce it, and the overt act is
"of ſuch a thing that muſt induce it; this is an overt act to
"prove the compaffing of the King's death," which is high
treafon, in his language. Therefore, if I prove a confpiracy
by
-
{
( 33 )
by the priſoner at the bar, that in all probability, might induce
the death of the King, that is high treafon in the language of
this great maſter of the law. In another part of his book
he tells us, "An affembly to levy war againſt the King, either
"to depofe, or reftrain, or enforce him to any act, or
1
to come to his prefence, to remove his Counſellors or
"Minifters, or to fight againſt the King's Lieutenant or Mi-
"litary Commiffionate Officers, is an overt act proving the
"compaffing the death of the King; for fuch a war is di-
"rectly againſt the very perſon of the King, and he that
defigns to fight against the King, cannot but know at leaſt
"it muſt hazard his life."
•
Gentlemen, the fame is the language of all the writers
of all periods of time; it is the language of Serjeant Hawkins
in his correct treatife of the Crown Law of England. "Such
compaffing the King's death may be manifeſted, not only
" by overt acts of a direct conſpiracy to take away his life,
❝ but alſo by fuch as fhew fuch defign as cannot be executed
without the apparent peril thereof." What I have to
conclude with is, if, in the language of Forſter, I ſtate any
thing deliberately done, whereby the perfon of the King
may be in danger,-if I ftate any facts of manifeft tendency
to endanger the Royal life if, in the language of Hale, I
ftate any thing that in all probability muft induce the death
of the King if, in the language of Hawkins, I fhew any
defign that cannot be accomplished without apparent peril
of the life of his Majefty, then, if I prove the facts againſt
the prifoner at the bar, it will be your duty to find him
guilty.
Gentlemen, in trials of this fort, perfons ftanding ir
the fituation of the prifoner, have often fet forward a
fpecies of defence arifing from a fuppofed conftruction of the
law, upon which it is neceffary I fhould fay a few words.
It has often been faid, upon trials of this fort, that a confpiracy
to levy war (I wifh the Jury would mark my words) a con-
fpiracy to levy war, is not High Treafon. Now, Gentle-
men, moſt unquestionably, in ſome fenfe, that propoſition is
correctly true. If the prifoner was indicted for levying war
against
$
E
#
[ 34 ]
>
against the King, moſt unquestionably he could not be
found guilty of High Treafon unleſs war was actually levied.
Under fuch an indictment, for the fpecies of treafon for levy-
ing war against the King, a confpiracy to levy war would
not be either an overt act in itfelf, nor would it be admif-
fible in evidence, becaufe the crime charged, upon the pri-
foner is levying war againſt the King; and before he can be
found guilty of that crime, war muft be actually levied.
The priſoner here is not indicted for levying war against the
King, but for compaffing and imagining the death of the
King, which is the firft fpecies of treafon; and under a
variety of circumftances, a confpiracy to levy war may or
may not be an overt act of compaffing or imagining the
death of the King. I have ſtated to you, that an overt act
is the means uſed to effectuate the purpofe of the mind. I
have ſtated to you, that any means uſed to an end which
has an apparent tendency to put the King's life in danger is
an overt act of High Treafon; and a confpiracy to lẹvy war
in many inftances, and under many circumftances, may
fhew a defign which has an apparent tendency to put the
King's life in danger, or which cannot be executed without
putting his perfon in peril-If it is a confpiracy to levy war
against the conftitution of the kingdom, of which he is an
integral part, if it is a confpiracy against the three branches of
the legiſlature, how can that be a defign which can be executed
without apparent peril of his Majeſty's life? I ftate this to
you, becauſe I know this is a point which has been ſtarted in
different trials, in former periods of our hiftory, and fome
quotations from books have been found to countenance the
pinion, that a confpiracy to levy war is not treafon. But
I take the law to be, that it is an overt act of High Treafon
whenever the deſign is fuch as cannot be executed without ap-
parent peril of his Majefty's life. Gentlemen, not to walk with-
out authority, and being anxious to ftate nothing but what I
can prove by great authority, I will take the liberty to ſtate,
that this is no new idea raiſed up to meet the cafe of the
prifoner at the bar, but is as old as the conftitution itſelf.
Gentlemen,
處
​1
[ 35 ]
ས
+
Gentlemen, very early in the reign of Queen Elizabeth,
the principle was laid down, and from that period it has
been followed up ever fince. In the 13th of Elizabeth all
the judges were confulted upon a cafe fimilar to the one I
have ſtated to you from Mr Juftice Forſter; a fubject of this
realm being beyond fea, practifed with the prince of a foreign
country to invade this realm with a great power, and his
practifing declared by what means, and how and in what
place the invafion fhould be, and if fuch an invafion fhould
be, there were many fubjects there who would affiſt and ad-
here to him, but 'there was no fuch invafion afterwards. The
judges were of opinion that theſe offences were treaſon;
for an invafion with foreign powers cannot be but of neceffity
it will tend to the deftruction or great peril of the Prince. I
give you the words of the report, and the principle which
I take to be laid down is, that every thing which of neceffity
tends to the deſtruction or the great peril of the perſon of the
'Prince is, if an overt act be laid and proved, High Treaſon;
whether a confpiracy to levy war, neceffarily tends, if carried
into effect, to the great peril of the Prince, will be according
to the circumſtances of that confpiracy; but if the conſpiracy
be fuch as is directly against the perfon of the Prince, or
be fuch as is directly against the Government, of which he is
a part, and which it is his duty to defend, it can hardly be
contended that it is not fuch a defign as puts the perſon of
the King in great peril, and it is, if proved by an overt act,
High Treaſon. The fame thing is faid by Lord Chief Juſtice
Hale; I will ufe the freedom of reading his words.
"yet fuch a confpiracy, or compaffing to levy war againſt
1
"That
the King directly, or against his forces, and meeting and con-
"fulting for the effecting of it, whether the number of the
.66
confpirators be more or lefs, or difguiſed under any pre-
❝tence whatſoever, as of reformation of abuſes, cafting down
"inclofures, particular or generally-Nay, of wreſtling, foot-
ball playing, cock fighting-Yet if it can appear that they
confulted or refolved to raife a power immediately against
the King, or the liberty or the fafety of his perſon, this con-
E 2
1
}
gregating
SPP
}
}
1
E 36 ]
{
}
1
"gregating of the people for this intent, though no war be
"actually levied, is an overt act to maintain an indictment
"for compaffing the King's death within the first clauſe of
the ftatute of the 25th of Edward III. for it is a kind of
"natural or neceffary ccnfequence that the attempts to ſub-
"due and conquer the King, cannot intend lefs than the tak-
ing away his life." At other times, and by other judges, the
fame thing has been faid. Hawkins fays,
"That the levy-
❝ing war againſt the King's perfon," (I rather chufe to give
them in other mens words than my own, which are more ac-
curate than any I can ufe ;) Hawkins fays, "That the levying
"war againſt the King's perfon, or the bare confulting to levy
་
fuch war, or meeting together and confulting the means
"to deftroy the King and his Government, or affembling
"with others and procuring them to attempt the King's
death, or lifting men in order to depofe the King,
or printing treaſonable pofitions, as that the King is
"accountable to the people, and that they ought to take
"the government into their own hands, &c. or publiſh
❝ing a book to prove that the King's Government is Anti-
"chriftian and heretical, &c. may be alledged as overt acts to
"prove the compaffing the King's death." If I ſhould prove
confulting, agreeing to levy war, and fhew means uſed to
deſtroy the Government, of which the King is a part—if I
fhew means uſed directly to deftroy the conftitution of the
country-I have laid before you a cafe of High Treafon;
becauſe, whether it be called a confpiracy to levy war or
not, I fhall have laid before you the means uſed by the
priſoner at the bar, to effectuate his end, which end is ſuch
a deſign as in its apparent and natural tendency muft endan-
ger the life of the King, and cannot be executed without
apparent peril to the perfon of his Majefty. Therefore, if
you fhould, in the progrefs of this cafe, hear any thing con-
cerning a confpiracy to levy war, not being High Treaſon,
you will understand it under the reftrictions, and in the
manner in which I have ftated it; if that confpiracy be of
levying a war, which it levied, has a direct tendency to de-
ftroy the life of his Majefty, there is no doubt fuch a con-
fpiracy
2
[ 37 ]
fpiracy is an overt act of High Treafon, a propofition fup-
ported by every authority from the reign of Elizabeth to this
hour in which I am ſpeaking.
'
I wish, before I conclude this point, to ftate to you the
law upon the fubject of confpiracies to levy war,from the very
higheſt authority becauſe it is the only point, upon which
I conceive any controverfy can arife; therefore, I wiſh to
ftate it, not only from the dicta of writers of high authori
ty, but to ſtate it from the language of judges of the firſt
eminence. Probably you have all heard of the fame of Lord
Chief-Juftice Holt, whofe ability and integrity, at a period
of life earlier, perhaps, than any one that ever filled that
high fituation, raiſed him in the glorious reign of King
William, to the office of Chief-Juftice of the King's Bench,
which he filled with ability and integrity, that may have
been equalled, but never furpaffed, by any one that has fat
there fince. In the cafe of fome perfons who were tried
for being concerned, more or lefs, in a plot for affaffinating
King William, this defence was fet forward, and it was
argued before him, that a confpiracy to levy war is not an
overt act of High Treafon: He ſays this," And there is
"`another matter the prifoner at the bar infifted upon, and
❝ that is matter of law; the ftatute of the 25th of Edward
"the 3d was read, which is the great ftatute about Trea-
❝ fons, and that does contain divers fpecies of Treafon, and
declares what fhall be Treafon; one Treafon is the comę
paffing and imagining the death of the King,-another is
"the levying war.-Now, the prifoner fays, there is no war
❝ levied, and a bare confpiracy, or defign to levy war,
does
not come within this law againft Treafon.-Now, for
"that I muſt tell you, if there be only a confpiracy to levy'
"war, it is not Treafon, but if the defign and confpiracy
"be either to kill the King, or to depofe him, or impriſon
him, or put any force or reftraint upon him, and the way
" and method of effecting of thefe is by levying of war,
there the confultation, and the confpiracy to levy war for
that purpofe is High Treafon, though no war be levied,
:
"for
}
1
1
IC
[ 38 ]
for fuch confultation and conſpiracy is an overt act, pro-
ving the compaffing the death of the King, which is the
❝ firſt Treaſon mentioned in the ftatute of the 25th of
Edward the 3d; for the words of that ftatute are: That
"if any man ſhall compaſs or imagine the death of the
"King Now, becaufe a man defigns the death, depofiti-
66 tion, or deftruction of the King, and to that defign, a-
grees and confults to levy war, that this fhould not be
High Treafon, if a war be not actually levied, is a very
" ſtrange doctrine, and the contrary has always been held
"to be law. There may be a war levied, without any de-
"fign upon the King's perfon, or endangering of it, which
if actually levied, is High Treaſon, but a bare defigning
to levy war, without more, will not be Treafon,-as for
example, if perſons do affemble themſelves, and act with
force in oppofition to fome law which they think incon-
"venient, and hope thereby to get it repealed, this is levy-
66
64
ing of war, and Treafon, though purpofing and deſign-
ing it is not fo; fo when they endeavour, in great num-
"bers, with force, to make fome reformation of their own
"heads, without purſuing the methods of the law, that is
"levying war, and Treafon, but the purpoſes and deſigns
"of it are not fo-But if there be (as I have ſaid to you)
<
a purpoſe and deſign to deſtroy the King, and to depoſe
him from his throne, or to reftrain him, or have any
power over him, which is purpofed or defigned to be ef-
fected by war that is to be levied, fuch a confpiracy and
« confultation to levy, war, for the bringing this to paſs, is
"an overt act of High Treafon; fo that, Gentlemen, as to
"that objection that he makes in point of law, it is of no
force, if there be evidence fufficient to 'convince you that
" he did conſpire to levy war, for ſuch an end.”
In the reign of George the ift, on the caſe of a perſon
of the name of Layer, who was indicted for a confpiracy a-
gainſt his Majeſty, it was alſo attempted to be argued before
Lord Chief Juftice Pratt, the then Chief Juftice of the
Common Pleas, that a confpiracy to levy war was not High
Treafon.
t
[ 39 ]
;
Treafon. He told the counfel, that the contrary had been
decided, a hundred and a hundred times; that he did not fit
there to overturn what had been determined at all periods of
our conſtitution; that a defign to levy war againſt the perſon
of the King, or any defign to put the King's perfon in peril,
was High Treaſon, let whatever opinions have been to the
contrary. Therefore it is, that at all periods of our confti-
tution, a defign, or confpiracy to raiſe an inſurrection within
the kingdom has been held an overt act of High Treafon;
becauſe, if raiſed, it must put the King's perfon in peril.-
If I were to go over the numberleſs indictments in books
which now lie before me, I could. fhow you hundreds of
them, where a confpiracy to raife au infurrection has been
in all times, and by all means, uniformly laid down to be
High Treafon.
1
In Layer's cafe, it was laid in the indictment, as an overt
act of High Treafon, that Mr Layer, in the county of Effex,
did publiſh a paper, with a defign to feize the Commander
in Chief, the Tower, and Sir Robert Walpole and Lord
Carteret, and fome principal perfons about the King. The
publication of that treafonable paper which faid not a word.
about the perfon of his Majefty, was diftinctly laid as an o-
vert act of High Treaſon.-I know there were other acts
laid in that indictment, as High Treafon, but I know alfo, .
that that paper, publiſhed by Layer at Laytonftone in Effex,
was laid, as an overt act of High Treaſon, feparately and di-
ftinctly, and that paper, as proved by a perfon of the name
of Lynch, did not contain a fingle word reſpecting the per-
fon of the King, and the Judges who tried it, and the coun-
fel who drew it, and the counfel who defended Mr Layer,
never doubted the publication of that treaſonable paper,
which contained nothing but a defign to feize the Tower, to
lay hold of the Commander in Chief, Sir Robert Walpole,
and Lord Carteret, and the other Minifters of the King,-
I ſay they never doubted that the publication of that paper
alone was a fufficient overt act of High Treaton; therefore,
upon the whole of the matter, after making an apology for
+
the
፡
( 40 )
the time I have been obliged to confume, if I can lay before
you, any defign, which, in its direct and natural tendency,
would endanger the life of the King, and any means uſed
for carrying it into execution, or any confpiracy for execu-
ting a deſign, which, if executed, would put the perſon of
his Majeſty in peril, theſe are overt acts of High Treafon.
My Lords the Judges, when they come to ftate the law,
will correct me if I am wrong, if I have over-ftated in any
particular, I ſhould be forry not to be corrected. I have en-
deavoured to be as accurate as I could; if I have not fucceed-
ed, my Lords the Judges will tell you, when they 'come to
deliver their charge, in what I have done fo.
Having faid fo much upon the law of the cafe, it is
now incumbent upon me, to ftate to you the fact which I
mean to bring within the law, only premifing, that confuit
ing and agreeing to fuch a confpiracy and plan as I have
ftated, is an overt act of High Treaſon, becauſe fuch con-
fultation and agreement are means taken by the prifoner at
the bar, if proved againſt him, to effectuate the intentions
of his mind; therefore, if I fhould lay before you, proof of
fuch confpiracy, or if I fhould lay before you, proof of the
prifoner at the bar's agreement to fuch a confpiracy, of his
confulting for the purpoſe of executing fuch a confpiracy as
leads to a defign to put the perfon of the King in apparent
danger, theſe are overt acts of High Treafon in point of
law; whether I fhall prove them in point of fact, is for you
to determine; I ſhall endeavour to ſtate the facts to you as
fhortly as in my power.
•
Gentlemen, the facts which I have to lay before you, are
not of a ſmall confpiracy of a few obfcure individuals, in am
obfcure corner of this metropolis; it is a confpiracy that has
ariſen indeed, from a ſmall-beginning, which at firſt put on
the appearance of a defire to purfue legal objects, which has
been carried on, by connection and conjunction with the fe
ditious perfons in this and other parts of the country, which
has been foſtered by means of clubs, which has been raiſed
by means of committees, which has been carried on by the
means
:
[ 41 ]
means of the circulation of various feditious papers, indu-
triouſly ſpread through the country, by feditious and trea-
fonable focieties, both here and elſewhere, and which at laft,
from finall beginnings, has grown into a defign to overſet
the conſtitution of the country, and which, but for the vi-
gilant interference of the magiftrates appointed by the con-
-ftitution of the country, to guard the public peace, was
nearly being carried into execution, and might, in its direct
confequences, and immediate tendency, have deluged this
kingdom, from the one end to the other, with blood. Such
is the confpiracy I mean to charge upon the prifoner at the
bar ;-forry I am to be obliged to ftate and prove it, but
fuch is the nature of the crime I mean to prove; and in do-
ing this, I fhall firſt ſtate to you, the plan and confpiracy it-
felf, and then lay before you, the part which the prifoner
acted in it, when and how far he acceded to it, and the
means he ufed to render it fuccefsful and carry it into exe-
cution.
3
You must know there have been for fome time paſt, in
this country, meetings calling themſelves by various names,
and affuming various forms, but in general, calling them-
felves, or mifcalling themfelves, by the name of the Friends
of the People.
1
You are not ignorant, that their firft object, their
firſt pretended object at leaſt was, to petition Parliament to
obtain what-they call a reform in the reprefentation of the
people. You are not ignorant, Gentlemen, that theſe peti-
tions, whether they were preſented really to obtain a reform,
or whether they were prefented for the purpoſe of being re-
jected, I don't know, but you are not ignorant that theſe peti-
tions did not procure that redreſs which the petitioners defi-
red.-Soon after, early in the year 1793, a new ſcheme,
and a new plan took place.-The firft. piece of evidence
which I fhall lay before you, is the beginning and com-
mencement of that plan, in order to fhow you where it be-
gan, and how it grew to the magnitude to which it after-
wards attained.-The firft dawnings of the plan I have to
lay
$
F`.
t
[ 42 ]
1
|
2
you,
lay before
will be found in a letter which was fent te
this country, by a perfon of the name of Hardy, who was
fecretary to a` feditious fociety in London, of great magni-
tude. Hardy wrote to a perfon every body knows in this
country, one Skirving, informing him,- Our petitions,
you will have learned, have been all of them unfuccefs-
"ful; our attention must therefore be turned to fome more
effectual means; from your fociety we would willingly
"learn them, and you, on your part, may depend upon our
adopting the firmeft, meaſures, provided they are confti-
tutional."-To this letter Mr Skirying returns an an-
fwer, and points out what he thought were more effectual
t
means.
Mr Hamilton. My Lord Prefident, as the counfel has
faid nothing yet upon thefe letters, your Lordfhip will de-
cide whether it is fit to read letters of any kind if they are
not to be uſed as evidence.
Mr Anftruther. They are to be read as evidence. I do
not mean to ftate to you the contents of a fingle paper which
I do not mean to uſe in evidence.
Mr. Hamilton. I fubmit to your Lordſhip if it is proper
to read thoſe letters.
LORD PRESIDENT, (to the jury). Gentlemen, You will not
pay any attention to letters, unleſs they be afterwards regu
larly proved before you.
Mr. Fletcher. In this part of the buſineſs, the jury fhould
abſtain from taking notes of any thing that paffes.
my
Mr Anftruther. At prefent it is my duty to ftate the
evidence I mean to lay before you, I fhall ftate the contents
of no letter, and the words of no paper which I do not mean
to prove; but as the letters and papers make a part of
ſtory, and I cannot ſtate the cafe without I ftate the con-
tents of the letters, I rather chufe to do it from the words
of the letters themfelves, than ftate the purport from any re-
collection of mine.
Gentlemen, I have told you the first letter written upon this
fubject, was a letter which talked of more effectual means.
In
༔
£ 43 ]
In anfwer to that letter, the perfon to whom it was addref
fed, whofe character and fituation I will prove to you, and
whoſe hand writing I will alfo prove, returned an anſwer to
his correfpondent in London, in which he perfectly agrees
with him, that more effectual means of reform were now to
be turned to. He then goes on to ſtate, that the meetings
in England are what he calls an Ariftocracy for the good of
the people; but the meetings in Scotland are the people
themfelves. He then ftates, that he forefaw the downfall
of the whole of this Government, and that they in this
country had at once perfected the plan of their organization;
and the reafon of perfecting the plan of their organization
was, that when that time came they might be ready to act with
unanimity, and not be occupied about organization, without
which however anarchy muft enfue. The letter will be laid
before you, and in that letter you will fee the firſt dawnings
of a meeting which calls itſelf a Convention. It was no
wonder, Gentlemen, that they turned their eves to this in-
ftrument, as more effectual than petitioning; they had
feen the powerful effect of a Convention in other countries,
and they therefore turned their eyes to it as a more effectual
means of a reform; and I grant it would be more effectual
in carrying on this plan thian any petition whatever. You
will fee throughout the whole of this letter I have to lay bes
fore you the firſt project of a Convention; you will fee that
a meeting was not intended for the purpoſes of reform, by
petition to Parliament, or by legal means; when tlie Go-
vernment of this country was to be diffolved and be at an
end, an event they looked to not only as certain, but de-
firable, then the gentlemen were to be ready with their
plan of organization; then they were to act as a Convention
affembled from, and reprefenting, all parts of the Kingdom.
Theſe papers, I fay, contain the first project of calling à
Convention of the people of this country; the only obfer-
vation 1 fhall make on them is this, that you will fee from
them it was not the intention of the perfons calling thems
felves a Convention, it was not the intention of thefe perfons
Fà
ἐσ
{
[ 44 ]
to proceed by petition to Parliament, but their intent was
to proceed by their own force and authority, and not by the
means of the legal organs of this Conftitution; to proceed
by their own-willy and not by that of the legal Government
of the country, to fupercede the legiflature in all its func--
tions, and to have recourfe to means of reform, to ufe their
own words, more effectual than petitioning. If their defign
was to proceed by their own authority, and that defign is
proved to you,—if their defign was to take into their hands
the Government of the Country, or to fuperféde for ever, or
a time, the exifting Government of the Country; theſe are
defigns which could not be effected without apparent danger
of the King's life, and I have no fcruple to fay, are High
Treafon whether fuch a defign be proved in the fequel of
this trial, will be a matter for you to confider
:.
1
Gentlemen, foon after this plan was formed, a body, un-
known to this Conftitution, met in Edinburgh, calling itfelf
a Britiſh Convention; at firft it did not affume that name,
but it met towards the latter end of last year, compofed of
perfons deputed from different parts of this Kingdom, of
different focieties in England and Scotland; its views and
objects, its plans and intentions you will have to judge of.
If upon the whole matter, you fhall be of opinion its
views were legal, if the means intended for the execution of
thofe views were peaceable and conftitutional, then there.
is no harm in that Society; but, if you fhould be of opinion
upon the whole matter, that its views were unconftitutional
and illegal, that the means by which they intended to carry
thoſe objects and views into execution, were to fuderfede the
legiflature of which his Majefty is a part, to carry on its
plans by its own force, power and authority; it is nothing
more nor leſs but an intention to fuperfede the legiſlation,
to take into its hands the power of Government, and at
leaft for a time, to depofe and put afide his Majefty from
the legal authority vefted in him by the conftitution: whe-
ther that was the purpoſe of the Convention or not, will
be for you to judge, I fhall point out fome of its acts.
Gentlemen,
2
:
( 45 )
(45
Gentlemen, when this meeting was formed, I have fai
it was attended by perfons from various parts of this king-
dom, fome from England and fame from Scotland; and I
muft call your attention to a part of the inftructions from
the London Correfponding Society, to which Hardy, the
writer of the firft letter I have mentioned, to Margarot and
Gerald, their delegates, was Secretary, dated the 24th of
October 1793. Thefe inftructions will be proved; they con-
tain a direction to thofe delegates to refift the authority of
the legiflature in cafe the legiflature fhould do a particular
act. Sect 7. of thefe inftractions, ftates, "That it is the duty
"of the people to refift any Act of Parliament repugnant
"to the original principles of the Conftitution, as would be
"every attempt to prohibit affociations for the purpoſe of
"reform." Is this any thing more or less than a reſolution to
refift the legiflature of this country in the exercife of its au-
thority, a confpiracy to intimidate the legiſlature from acting
fairly in the execution of its duties, and a determination to
fet at defiance King, Lords and Commons, and the law it-
felf, and to refift their authority, if they did not act, as this
felf created Convention might think, conftitutionally. With
thefe inftructions their delegates came down to this country;
when they arrived, this Convention formed itfelf upon the
model of another Convention in another country, and took the
name of the British Convention, and formed itſelf into depart-
ments; it uſed all the cant phrafes and forms uſed in France,
had its fections, its departments, granted honors of the fittings
had its primary affemblies and provincial departments, and ab-
furdly dated its minutes, Firft year of the Britiſh Convention
one and indivifible. I know you may be told becaufe juries have
Been told, there is no harm in ufing French phrafes, there is no
harm in ufing.cant names. Taking that as an abſtract propo-
fition, it is unquestionably true; but you that are fet there to
judge of the views, intentions, and plans of men; you can
judge of the intentions of men by no other means than by
the acts of men; therefore if you fee men adopting the acts,
fallowing the plans and ſchemes, and taking the names and
forms
}
1
[ 46 ]
J
}
→
forms of particular focieties of a particular deſcription, I do
not think you will have much difficulty in drawing the in-
ference, what the views and objects of theſe men are. It is
not from names and forms alone you will collect the views
and intentions of this affembly; you, will find thefe men,
after they took the name of the Britiſh Convention, difcuf-
fing and fettling the plan for the meeting of future Coven-
tions in other circumftances and places, as if a Convention
was to be a permanent body in the legiflature of this coun-
try; in the early part of it, before it had affumed that
name, motions were made, fome for the purpoſe of petition
ing Parliament for a Reform; and what I would call your
attention to is this, that from the moment it affumed the
name of the Britiſh Convention, all idea of petitioning
Parliament for a Reform was abandoned; whenever pro-
poſed, the order of the day followed; whenever hinted at,
it was negatived. After this Convention had proceeded fome
ſteps farther, after it had affumed the form which I have
defcribed, after it had done the acts which fhall be given
in evidence to you, and from which you will be able to
judge of their intentions and views, fome refolutions were
propofed and adopted with a fingular and extraordinary
degree of folemnity, too bold even for the Convention it-
felf to venture to place them upon their minutes. Whether
this refolution amounts to proof of a conspiracy to reſiſt the
legiflature of this kingdom, and to refift and oppofe the laws
of this country, will be for you to judge; to me it feems de-
cifive evidence of a defign not to rest fatisfied with the
wholefome laws of their ancestors, not tó petition the Houſes
of Parliament, or apply for redrefs by legal and conftitutional
means, but a fettled confpiracy to oppofe every act of Par-
liament that ſhould militate againſt what they ſhould pleaſe
to call the conftitution of thefe kingdoms, and not only to
proceed in their confpiracy, until compelled to defiſt by fu-
perior force, but to provide a means of refiftance and a
mode of rebellion, in cafe the exertions of legal authority
and the conſtitutional powers of the executive magiftrate
fhould
*
!
[ 47 ]
i
1
fhould difperfe and ſcatter them. Some of the refolutions
I allude to, I will read to you.
"Refolved, that the following declaration and refolutions
"be inſerted at the end of our minutes, viz.
"That this Convention confidering the calamitous con-
"fequences of any act of the Legiſlature which may tend
"to deprive the whole or any part of the people of their
"undoubted right to meet, either by themſelves or by de-
"legation, to difcufs any matter relative to their common
"interest, whether of a public or private nature, and hold-
❝ing the fame to be totally inconfiftent with the firſt prin-
"ciples and fafety of the fociety, and alfo fubverfive of
❝our known and acknowledged conftitutional liberties, do
hereby declare, before God and the world, that we ſhall
"follow the wholeſome example of former times, by pay-
❝ing no regard to any act which fhall militate againſt the
"conſtitution of our country, and ſhall continue to affem-
"ble and confider of the beſt means by which we can ac-
"compliſh a real repreſentation of the people and annual
❝ election, until compelled to defift by fuperior force.
"And, we do refolve, that the first notice given for
"the introduction of a Convention Bill, or any bill of a
"fimilar tendency to that paffed in Ireland, in the laft
"Seffion of their Parliament;
+
"Or any bill for the fufpenfion of the Habeas Corpus
"Act, or the act for preventing wrongous impriſonment,
❝ and againſt undue delays in trial in North Britain;
"Or, in cafe of an invafion, or the admiffion of any
"foreign troops whatfoever into Great Britain or Ireland;
"All, or any one of theſe calamitous circumftances ſhall
"be a fignal to the feveral delgates to repair to ſuch place
"as the Secret Committee of this Convention fhall appoint;
" and the firſt feven members fhall have power to declare
the fittings permanent; fhall conftitute a Convention,
and twenty-one proceed to bufinefs."
Thefe refolutions are of fuch a nature, that hardly a man
who hears me, can doubt that they diſcloſe a conſpiracy to
difobey
1
}
[ 48 ]·
diſobey the legiſlature in the execution of its duty, a con-
fpiracy to be carried on and fupported by force; they fay,
they will refift until compelled to feparate by fuperior force"
force fuperior to what? force fuperior to that force which
they had to bring against it ;-how is it poffible to conſtrue
thefe words, without being of opinion that they point di
rectly to fupporting their defigns by arms, and that they
were determined to meet in fpite of the law of the country,
till the fate of battle fhould decide who was to have the rule
of this nation-Now, let me afk whether this be any thing
short of a conſpiracy against the conftitution of this king
dom, and whether it be not a deſign which could not pof-
sibly be carried into effect, without apparent peril to the
life of his Majefty? If it was fuccefsful for an inftant, he
was in fact depofed from his throne, his authority as King
gone, and the conftitution he has fworn to defend, and
which it is his duty, as I am fure it is his wifh to fupport,
at the hazard of his life itfelf, abfolutely annihilated. But it
does not ſtop here, there is a farther part of the confpiracy,
to which I muſt call your attention. "This Convention
"doth therefore refolve, that every delegate, upon return
“home, do convene his conſtituents, and explain to them
"the neceflity of electing a delegate or delegates, and of
eſtabliſhing a fund without delay, againſt either of theſe
"emergencies, for his or their expences, and that they de
« inſtruct ſuch delegates to hold themſelves in readinefs, at
ἐσ one hour's warning." It is neceffary to call your at
tention to this, not only becauſe you will find the prifoner
at the bar, adopting this refolution, acceding to it, and act-
ing under it, taking means to elect that delegate, taking
means to prepare that fund to provide against the emergency
ſtated in this paper; but, becauſe it clearly points out the
means that were to be uſed to render this confpiracy fuccefs-
ful, funds were to be provided, leaders were to be elected,
who were to be ready at one hour's warning, to ſtep for-
ward whenever the event happened, which was to rouſe
them into rebellion against the law, the conftitution, and
..
the
'
1
}
:
[ 49 ]
*
the King. To every part of this refolution, I will fhew the
prifoner at the bar's complete acceffion, and I fhall lay be-
fore you, all the means he took to carry it into effect; and
what I have to charge upon him here, is a conſpiracy to
reſiſt the legiſlature of this kingdom by force, and taking
meaſures and providing means for carrying that confpiracy
into execution. You are not ignorant that this meeting or
convention was put an end to, and difperfed by the bold-
nefs and activity of the perfon who then held the fituation of
the firſt magiſtrate of this city, a perfon I am fure I need not
name to you, one whofe merit you are well acquainted with,
and to whofe conduct, on that occafion, his country is as
much obliged, as perhaps it ever was to any perſon that e-
ver filled that high ſtation, I mean Provoft Elder. I may be
told, perhaps, what have I to do with this Convention at
preſent, or what had the priſoner at the bar to do with it? It
was difperfed and at an end; but I fhall fhow you, that that
Convention, although difperfed, was ftill alive; the refoluti-
on I have read, and another which immediately followed, and
which was unanimouſly agreed to, is, that the moment of
any illegal diſperſion of the Britiſh Convention, ſhould be
confidered as a fummons to the delegates to repair to the
place of meeting, appointed for the Convention of Emer-
gency by the Secret Committee. Theſe two refolutions provi-
ded againſt the event which took place, they kept alive the
confpiracy in another form, and furniſhed the means of fu-
ture rebellion. I fhall prove to you, that the priſoner at
the bar adopted thofe refolutions, followed out thoſe plans,
took means to collect that fund, and elect thoſe delegates
who were to fet the Legiſlature at defiance, and provided
and collected arms to render their plans fucceſsful, and their
re ftance effectual.-The British Covention being difperfed,
a plan reſulting from thoſe refolutions, and grounded on the
difperfion of the British Convention, took place in Eng-
land, of calling a Convention there; the nature of that
Convention I fhall lay before you, and it is neceffary I
hould, becauſe it will explain to you the nature of that
Convention
+
G
[ 50 ]
}
ļ
Convention, to which the prifoner at the bar was to fend a
delegate, for the fupport of whom he was to provide a fund,
and for the maintenance of which, he was to fend money
and collect arms. You will fee, that although a fimilar plan
had been in contemplation in England, although the focieties
there intended a Convention to be called, yet the immediate
cauſe of that meafure, the peculiar reaſon which made it in
their idea more immediately neceffary aroſe from the difper-
fion of the British Convention, and that the refolution F
have juſt read to you was acted upon, and the confpiracy I-
have ſtated kept alive and proceeded on with vigor in both
parts of the united kingdom. The firft confiderable meet-
ing, after the period I am talking of, for the purpofe of
calling this new Convention in England, was held at a place
called the Globe Tavern in London. There the London
Correfponding Society, one of thofe factious focieties which
had fent delegates to the Britiſh Convention, met and came
to certain reſolutions for the purpoſe of calling another
Convention; thefe fhall be laid before you. I have only to
ftate at prefent, that the leading feature of them was a refo-
lution to call a general Convention, to take the Govern
ment of this country into their own hands, to form a Go-
vernment of their own, independent of King, Lords, and.
Commons,and to frame their own laws and conftitution. They
fay they must have a Convention of the people, and why?
becauſe they will have redreſs from their own laws, and not
from the laws of their plunderers, enemies, and oppreffors,
From the papers which will be laid before you, you will
háve no difficulty to diftover who they mean by their plun
derers, enemies, and oppreffors; they mean neither more nor
lefs than the King, Lords, and Commons of this kingdom;
and if this be their meaning, you cannot doubt, that if they
were to form their own laws,it was not by the authority of the
Legiflature of this country, but by their own power and au-
thority. They were to procure their own laws, not by the me
dium of King, Lords,and Commons,but by forming laws them-
felves. The Convention, therefore, which they propofed to
1
calla
''
[ 5 ]
+
call, was meant to fuperfede the Legiſlative authority in the
exercife of all its functions,
When you come to read theſe refolutions, flowing from
the very fociety which fent delegates to Edinburgh, figned
by the very perfon who figned the instructions to thofe de-
legates, it will be impoffible for you, not to remark the fin-
gular and exact coincidence between thefe refolutions, and
thofe of the Britiſh Convention I have read to you. The
Convention is, (fay they) rendered neceffary, by the difper-
fion of that in Edinburgh. It is to meet on the fame e-
vents, it is to refift the government on the fame pretences,
to affume the fame powers, and to be compofed in the fame
manner as the Convention propoſed by the reſolution I have
read to you, and to fuch a Gonvention was the prifoner at
the bar to fend a delegate, for the fupport of fuch a body
was he to provide a fund, and while the London Corre-
fponding Society, and other bodies connected with the Bri-
tiſh Convention, were playing their parts in the other end
of the island, the prifoner and his affociates were not behind
hand with them in this.
The next important ftep in London, was, at a place called
Chalk Farm, where the fame fociety met, and came to fome
reſolutions, not very different from thofe of the Britiſh Con-
vention, and as directly contradicting the authority of King,
Lords, and Commons, in all their branches; and they there
too declared that certain laws they will not abide by, they
will not fubmit to, whether they have or have not the con-
Ment of Parliament.
*
Now, Gentlemen; I have ftated to you a confpiracy, which
has exiſted in this country,, the tendency and object of
which was, to fuperfede the authority of the Legiſlature,
and to reſiſt its decrees by force, after the difperfion of that
meeting, by the ſpirit and exertion of the firſt magiſtrate of
this city. I have ſtated to you the means that were taken, by
thofe who had been fent delegates to that Convention, as it
called itſelf, to call another Convention, to meet at another
place; the nature of that Convention, when called, what it
G 2
Was
[ 52 ]
1
}
$
1
1
was meant to be by thoſe who meant to form it; what its
nature and purpoſes were, you will learn, from the incontro-
vertible evidence of their own refolutions, from which you
cannot fail to fee, that their object was to form laws for them-
felves, to fupport themfelves by their own authority, to refift
andrepell,to ſuperfede and deſtroy the authority of the Legif-
lature of this Kingdom; as the reſolutions at the Globe Ta-
vern, the reſolutions at Chalk Farm in the neighbourhood of
London, where they exprefsly refolved to refift certain laws,
whether thoſe laws took place with or without the confent of
Parliament, diſtinctly mark out what it is they meant to de-
ftroy, and they meant to fuperfede; they meant to fuperfede
what they call the hereditary fenators of this kingdom, they
meant to fuperfede what they call the packed majorities of
pretended repreſentatives of the people, they meant to fu-
perfede the Legiſlative authority, and to raiſe themſelves up,
as the governing power of this country in its ftead, to en-
act fuch laws as they thought proper, to difobey fuch as
they difliked, without the leaſt hint that they meant to leave
the leaſt trace of the Conftitution, under which you now
live, ſtanding. If you fhall be of opinion that this is the fair
refult of the papers I fhall lay before you, if you fhall be of
opinion they meant to fuperfede the authority of the Legif-
lature, and the authority of King, Lords, and Commons,
you cannot doubt that this is fuch a defign, which, if carried
into execution, has a manifeft tendency to put his Majeſty's
life in danger, in truth, it is nothing fhort of depofing the
King from the throne, and putting an end to the authority
of the government under which we live.
1
Such were the proceedings (which I don't ftate more at
length, becauſe they will be read to you) of thoſe focieties in
London, which met for the purpoſe of calling a Conven-
tion.
While theſe proceedings were carrying on, and theſe re-
folutions adopted, letters, figned by the name of Hardy,
were written, and diſperſed all over this country, to incité
the people to call another British Convention; I mark thefe
words,
{
事
​[ 53 ]
words calling together another BritiſhConvention becau
if I can fhow the priſoner acting upon this letter, or upon
the reſolution of the Britiſh Convention which has been
read to you, of the nature of the Convention he meant to
call, you cannot doubt it was to be another Britiſh Conventi-
on of the ſame nature, and tendency, and with the fame views
and objects as the firft. The letter fpeaks for itſelf, its
meaning no man can miſtake; I will read it to you without
a comment :—
+
" CITIZENS,
་
"THE critical moment is` arrived, and Britons muſt ei-
"ther affert, with zeal and firmneſs, their claims to liberty,
"or yield without refiftance to the chains that miniſterial
"ufurpation is forging for them. Will you co-operate with
"us in the only peaceable meaſure that now preſents itſelf
"with any proſpect of fuccefs? We need not intimate to you,
"that notwithſtanding the unparalleled audacity of a cor-
"rupt and over-bearing faction, which at preſent tramples
"on the rights and liberties of the people, our meetings
"cannot, in England, be interrupted without the previous
"adoption of a Convention Bill, a meafure it is our duty
"to anticipate, that the ties of union may be more firmly
"drawn, and the fentiments and views of the different fo-
...cieties throughout the nation be compared, while it is yet
"in our power, ſo as to guide and direct the future opera-
❝tions of the Friends of Freedom.-Roufe then, to one
"exertion more, and let us fhow our conſciouſneſs of this
i
important truth.-If we are to be beaten down with
"threats, proſecutions, and illegal fentences, we are un-
"worthy, we are incapable of Liberty. We mauft, however,
"be expeditious; Heffians and Auftrians are already among
"us; and, if we tamely fubmit, a cloud of theſe armed
"barbarians may fhortly be poured in upon us.
Let us
"form, then, another Britiſh Convention; we have a cen-
"tral fituation in our view, which we believe would be
moſt convenient for the whole iſland; but which we for-
bear
!
}
( 54 )
1
bear to mention, (entreating your confidence in this par-
"ticular,) till we have the anfwer of the focieties with
❝ which we are in correfpondence. Let us have your` an-
"fwer, then, by the 20th at fartheft, earlier if poffible,
"whether you approve of the meaſure, and how many de-
legates you can fend, with the number alſo, if poffible, of
your focieties.
66
"We remain yours,
"In Civic affection,
"THE LONDON CORRESPONDING SOCIETY,
"T. HARDY, Secretary."
"For the management of this buſineſs, we have appaint-
"ed a Secret Committee; you will judge how far it is necef-
"fary for you to do the fame."
•
I may here be told, what is all this to the priſoner at the
bar? and if I was to stop here, I fhould be told truly; but
it is neceſſary I fhould fhow to you, firſt, the exiſtence of a
confpiracy, the exiſtence of a plan to fuperfede the Legifla-
tive power; and then, to show you the part the prifoner play-
ed in the execution of it: and Gentlemen, perhaps you may
be furprized to hear that the prifoner at the bar had any
fhare in ſuch a conſpiracy, but you will not be more fur-
prized than I was, when I heard that he was at all concern-
ed in carrying on a plan of this nature. For it is no lefs
ftrange than true, that hardly fo much as two years ago, the
priſoner at the bar pretended to be a friend to the exiſting
government of this country, and to be particularly intereft-
ed in the ſafety and welfare of a perſon in a very eminent
fituation in this kingdom, known to you all. He pretended
to have a particular regard, not only for the Conſtitution of
his country, but to the perfon, and to the character of the
reſpectable and illuftrious perfon who fills the office of one
of his Majeſty's Secretaries of State; he pretended, I fay, to
be particularly intereſted in his welfare, and did certainly,
about two years ago, write to him certain letters, offering
to
}
[ 55 ]
to give him information, reſpecting the proceedings of foci-
eties,who then called themſelves by the name of the Friends
of the People.
}
Gentlemen, it is unquestionably true that, that illuſtrious
perfon (as it was his duty to do in his fituation) did return an
anfwer to the letter written to him by the prifoner at the bar;
that letter will be read to you; it is ſuch a letter as it was
his duty to write, and it it is fuch a letter as, being his duty
to write, I am fure he would write ; becauſe in every fitua-
tion which he holds I am fure he will do his duty to his
Sovereign and to the public.
The anſwer from the Secretary of State informed him
that he ſhould be happy to have any information he thought
it fit Government' fhould know, leaving it to him to give
what information he thought proper. After this period, the
priſoner at the bar had ſome correſpondence with my learn-
ed friend who fits next me, and ſome information he did
give him refpecting the proceedings of a Society which calls
itſelf the Friends of the people, and fome information he
did give perfonally to Mr Dundas himſelf. What that was,
as the priſoner has thought fit to ſubpoena my learned friend
near me, when he is examined he will ſtate; and the whole
correſpondence that took place between them, its nature,
contents and limits, though he might fhelter himſelf under
his fituation, and might demur till he knew the queſtions
that might be aſked him, he will ſtate and lay before you.
I have his authority for faying there is no queſtion he will
not readily anſwer that can be aſked, or any correfpondence
which took place he will not lay before you, if he has it, if
not, he will ſtate to you its contents to the beſt of his recol-
lection and belief.
Whether the prifoner conveyed true or falfe intelligence
to my learned friend is not for me to determine; if he is
examined he will ftate what that information was. That
correfpondence, fuch as it was, continued till ſome time
about the middle of the year 1793. Anterior to the meeting
of the Britiſh Convention, anterior to the treafonable con-
fpiracy which I have stated to exift in this country, anterior
to
1
[ 56 ]
R
to thofe reſolutions to refift the legiſlature and all legal au-
thority, all correfpondence had ceaſed between the priſoner
at the bar and my learned friend. Why that correſpondence
ceafed is not for me to fay. I do not chuſe to ſtate to you
either the applications which were made by the prifoner at
the bar to my learned friend, or the confequences and event
of thoſe applications. Whatever they were, if the priſoner
at the bar wiſhes them to be laid before you, my learned
friend will ſtate them to you fairly and fully. I fay nothing
more than this, that from the month of September laft, or there-
abouts, all communication, all correfpondence of any kind
ceafed between the prifoner at the bar and my learned friend
or the other Officers of Government.
Now, Gentlemen, it is my duty, and very fhort I fhall
bein ftating to you the conduct of the prifoner at the bar,
prior to the ceafing of the correſpondence I have mentioned,
I do not know that Mr Watt was a member of the meeting
called the Friends of the People, and unleſs I can connect
him with the acts of the British Convention, unless I can
fhew you his intention of calling another Convention, and
the means he took to elect delegates and provide funds for
their fupport, and connect him with the conſpiracy formed
in this country againſt the exiſting government of the ſtate,
I cannot call upon you for a verdict upon the firſt part of
this indictment-But you know, and my Lords will tell
you, it is not neceffary for me to prove every overt act laid
in the indictment; if I prove only one of the overt acts laid
in the indictment, if that be an overt act fufficient in law, it
is your duty to find him guilty. For this I fhall, before I
proceed further, give you a direct and ſhort authority. Mr
Juſtice Forfter fays, "if divers overt acts are laid, and but
"one proved, it will be fufficient, and there muſt be a ver-
* dict for the Crown; and therefore though divers overt acts
s are laid and the indictment is faulty as to fome of them, it
fhall not be quafhed, becauſe that would deprive the Crown
"of the opportunity of proving other overt acts that are
swell laid." If I prove that the prifoner took çertain means
which
1
6.57
which in law are full evidence of his traitorous intentions
and compaffings, and which are laid in the indictments overt
acts of High Treafon, it is of no importance whether I fail
in the proof of others or not; becaufe I have then proved
enough to fupport the verdict of Guilty if I don't
couple the prifoner at the bar with a confpiracy in this
country, and if I don't couple the prifoner with à confpiracy
in another country, it is your duty to find him not guilty,
unless I prove against him other overt acts of High Treafon
laid in this indictnient. I truft however I fhall have no dif-
ficulty in proving him guilty of every part of it, as well as
acting his part in the confpiracy to fuperfede and overturn
the Conſtitution of the Kingdom by means of a Convention
as in the more direct but not lefs flagrant and wicked plans
and ſchemes fet forth in the latter part of the indictment
you are now to try.
As foon as the activity of the Magiftrates and the force of
the law had difperfed the Britiſh Convention, that body
ceaſed to exift in the form of a Convention, but did not
ceafe to exiſt in fact; for very foon after its difperfion, the
Societies which had fent members to the Convention, and
many of the members of the Convention itfelf, formed them-
felves into another body for the purpoſe, as I fhall prove to
you, of carrying into effect various objects of the Britiſh
Convention, of keeping its fpirit alive, and of calling another
Convention fimilar to that which was juft difperfed, the
views and objects of which I have defcribed to you; what
name they took immediately after the deftruction of this
British Convention I cannot exactly tell, but I believe they
called themſelves the Committee of Correfpondencé, or a
General Committee; but whatever might be the name of
that Committee, the priſoner at the bar was a member of it;
the nature of it will be proved to you by the witneffes. I
ftate to you its objects to be to carry into effect the views
and projects of the Britiſh Convention, to elect a delegate
or delegates to fend to another Convention that was to be
called in England, and to provide a fund for defraying
H
+
the
1
( 58 )
+
the expences of thofe delegates. And now you will fee the
purpofe for which I called your attention fome time ago to
the famous refolution of the Britiſh Convention. It was re-
folved that every delegate fhould, on his return home, take
meafures for procuring another delegate to be elected to re-
preſent their ſociety in the enfuing Convention, and to pro-
vide a fund for the expences of fuch delegate. Such was
the object of the British Convention, and fuch the object of
the Committee. I ftate therefore that the General Com-
mittee or Committee of Correfpondence, did meet in con-
fequence of and for the purpofe of carrying into effect the
refolution of the British Convention. Mr Watt was a mem-
ber of this Committee of Correfpondence; he became a
member of that. Committee for the purpoſe of carrying into
effect the refolution I have fo often mentioned, acceding there-
by to the whole contents of that refolution, and acceding to,
and acting in the confpiracy to refift the legiſlature of the
country,, to repel the law, to refift by force, and to elect
another Convention to be called a Britiſh Convention to
meet in England, with the views, under the circumſtances,
with the powers and for the purpoſes I have mentioned al-
ready. If I prove that Committee exifting, and Watt acting
in it, if I prove the Britiſh Convention deſtroyed in one fhape
and raiſed up in another; if I prove Watt acting upon theſe
views, I prove him acting and acceding to the whole of
what I ftated. If that confpiracy be a traitorous confpiracy,
and if the object of it was to fuperfede the legiflature of the
country, I have proved enough to implicate him in all the
confequences of theſe acts, however fatal.they may be. Soon-
after the Committee of Correfpondence met, Mr Wats
himſelf moved for the formation of a Committee of Union,
the object of which was for the purpoſe of collecting the
fenſe of the Friends of the People throughout Endinburgh,
to further the views of the Britiſh. Convention, to further
the fchemes planned by them, and above all, for the purpoſe
of aiding and affifting in calling another British Convention
to meet in England.
1
You
1
(
59)
59 ).
You will remark I ufe the words another British Conven
tion, becaufe the prifoner, Watt, may poffibly flate to you
that he meant by a Convention an innocent meeting, that
he meant a Convention for the purpoſe of petitioning, that
he meant a Convention for legal purpoſes, and to purfue its
objects by ordinary means. I ftate to you, my Lords, and Gen.
tlemen of the jury, and I truſt I fhall be able to lay before
you evidence to fatisfy you that Mr Watt could have no
fuch objects in view, becauſe he completely acceded to the
refolution of the British Convention, whichwas a refolution
to act by force, and to refift the authority of the legiflature.
He completely acceded to the calling another British Con-
vention, the meaning of which he could not be ignorant
of. You can hardly believe that a perfon would accede to
the calling another British Convention, without knowing
what the nature of that Convention was, without knowing
its views and without having examined its objects. The
only poffible conclufion from the facts I have to lay before
you is, that Watt acceded in calling another British Con-
vention, and that he knew the nature of that Convention,
that was fo meant to be called by all thoſe perfons engaged
in the confpiracy, to be what I have ſtated, and I truft Ifhall
prove it to be a direct confpiracy againſt the government and
conftitution of this country.
The formation, or organization as they call it, of the
Committee of Union, I fhall lay before you; and among o
ther things, fpecial care feems to be taken in the very be-
ginning for the protection of the members of that Commit-
´tee. Their powers are fo large that I don't know what far-
ther remained to be given; their powers are thus deſcribed :
As repreſentatives the Committee of Union are invefted
"with every power their conſtituents can claim. The will
of the constituent, at the appointment of his reprefenta-
tive is, that he watch over his intereſt as a member of
"the community.".
Mr Hamilton. Mr Anftruther has ftated a very confider-
able portion of the printed book which lies upon the table,
H 2
and
( 69 )
}
14
で
​A
and is now going on with papers; but I do fubmit humbly
to your Lordships, that the Jury's minds are not to be im
preffed with a repetition of evidence, which it is faid is meant
to be given. I fay, the Counſel for the Crown are only en-
titled in this ftage of the cafe, to ftate what is the fubftance
they mean to bring forward; take it they will mention none
but what is intended to be brought forward; to ſtate it ge
nerally is all they have a right to do, otherwife there would
be a repetition of it, which I underſtand to be contrary to
law.
LORD JUSTICE-CLERK. Is it contrary to law for a coun-
fel to ſtate what he means to prove for the benefit of the
Court and Jury, that they may know what is meant to be
proved?
Mr Hamilton. He is entitled to ftate the fum and fub-
stance, but not to read the papers themfelves.
Mr Anftruther. The nature of the objection is fuch, that
I do not think it neceffary to ftate much in anfwer to it.
It is my duty to lay before you the cafe I mean to prove
for the Crown; I truft I fhall not ftate any thing to you
which I cannot prove, but I have a right to ſtate to you
and the Jury every thing which I mean to prove.
Gentlemen, I was ftating to you what was the nature of
the Committee of Union, of which Watt was a member,
and cannot ftate to you more correctly the nature of that
Committee, than by ftating their own words, and giving their
own account of themfelves; it might be faid, if I were to
make comments or paraphrafes upon the words of the Com-
mittee of Union, I was ftraining the evidence meant to be
laid before you. I therefore give you their own account of
themſelves; their own acts will fpeak what they intended
to do, and you will draw the conclufion.
"FUNDAMENTAL PRINCIPLES of the Societies.
"Firft, The Committee of Union is compofed of perfons
appointed by the people to look after their intereft; and
are conſequently amenable for their conduct to the peo-
#ple. Therefore the people have the power of depofing,
" by
( 61 )
"by means of a petition to the Prefident of the Committee of
Union, and by him reported to the Societies for miſcon-
"duct in any of the reprefentatives.
"Second, As reprefentatives, the Committee of Union
“are inveſted with every power their conftituents can claim ;
the will of the conftituent, at the appointment of his re-
"prefentative is, that he watch over his intereft, as a mem
"ber of the community; but the will of the conſtituent is
the conftituent himfelf-Therefore, if a repreſentative is
❝ attacked in the diſcharge of his duty, his conftituents are
"bound by nature, reaſon, and honour to defend him."
i
Gentlemen, the other regulations for the formation of
this Committee of Union will be proved and laid before you;
but I muſt call your attention to this, that in the very out-
fet, care is taken to provide for the defence of the Com-
mittee of Union itſelf. It is eſtabliſhed as a principle to
which every perfon who fent a delegate to that Committee
did accede, that if the repreſentative was attacked in the
diſcharge of his duty, his conftituents were bound to defend
him by nature, by reafon and honour. Thofe reprefenta-
tives in the Committee of Union claimed every power the
conftituents themfelves could claim; the extent of that pow-
er they have not defined, and I cannot ſtate. This Com-
mittee, with all the powers their conftituents could claim,
met for the purpoſe of procuring delegates to be elected to
another Convention, and for the purpofe of providing mo-
ney for the expence of fuch delegates. Not content how-
ever with the formation of fuch a Committee as I have de-
ſcribed to you, another Committee was chofen, of which
Watt was alfo a member, called by the name of the Com-
mittee of Ways and Means. It was chofen by the Com-
mittee of Union, from amongst its own members; the fo-
cieties at large chofe the Committee of Union, the Com-
mittee of Union chofe the Committee of Ways and Means.
Watt was a member of the Committee of Union, and a mem-
ber of the Committee of Ways and Means. This laft was
a fecret Committee; it kept no books, it committed nothing
to
( 62 )
•
{
to writing; it had a power of expelling any of its own
members; it was a permanent Committee, and had the
power of filling up the vacancies which might take place in
its own body; it was to tranfact all the money matters of
the Friends of the People; it was to collect money for
defraying the expences of delegates; it was to collect
money for all the other purpofes whatever, engaged in by
the Friends of the People; and particularly it was to collect
money for the ſupport of what they termed THE GREAT
CAUSE.
The Committee of Ways and Means, which was formed
fome time about the beginning of March laft, proceeded
immediately to act; it proceeded to elect a perſon to be
their Treaſurer, whofe name was Downie. Watt was not
Treaſurer, Downie was Treafurer of that Committee; that
Committee, after it had exprefsly met to regulate all the mo
ney matters of the Friends of the People, it thought it
right to communicate with all the different focieties that
exiſted in the different parts of this kingdom. Its firft
act, as far as I know, for I have told you it was a Secret
Committee, was to fend round to the different parts of the
country, to recommend rules which it had framed for the
regulation of all the other focieties. The object was to
make itſelf the centre of the Friends of the People, the
point of union for all the difaffected in Scotland, and to
be the medium from whence all inftructions were to be gi
ven. I beg particularly to call your attention to this, that
the Committee of Ways and Means, of which Watt was
a member, took upon itſelf to be the medium through
which directions and inftructions were to be given to all the
Friends of the People throug out the kingdom; it defired
all people to put their money into the hands of its Treaſurer,
Mr Downie, which was not to be accounted for or diſburſed
at the will of the perfon that gave it, but was to be diſburſed
in ſuch a manner as fhould be moſt calculated to promotė
the GREAT CAUSE. It directed the different Committees
in the country to inform the Committee of Ways and Means
f
how
3
( 63 )
how many Friends they had whofe patriotiſm they could
rely upon with moft explicit confidence, and who would
pare no exertions in promoting the Great Caufe. It conſiſted of
five members only. You therefore fee, that if this plan was to
be carried into execution, all Friends of the People in Scotland
were to truft and implicitly obey the orders of the Committee,
who were to difburfe their money as they thought fit, and
who difperfed their directions from one end of Scotland to
the other.
This plan and thefe directions will be laid before you in a
printed circular letter, fent by the prifoner at the bar to the
different parts of the country, by one of the ambaffadors of
this felf-created Committee, to every word of which I re-
queft your particular attention.
As one leading part of the duty of this Committee was to
afe means to procure another Convention, as it was part of
their project to carry into effect the laft refolution of the
Britiſh Convention, and to co-operate with the difaffected
and feditious in every part of the kingdom, in the execution
of this fcheme, while on the one hand it formed itſelf as
the focus of fedition in Scotland, on the other it cloſely
connected itſelf with the feditious in England. I have al-
ready ſtated to you the letter figned by Hardy, which was
fent to this country. One of the first acts of Mr Watt and
his Committee, was to meet for the purpoſe of anſwering.
that letter, for the purpofe of opening a correfpondence
with the London focieties, for the purpofe of aiding their
views' and furthering their projects of calling another Britiſh
Convention. Indeed his project and theirs were one and
the fame, namely, to procure another Convention to meet
to refift the authority of the exifting Government and mould
the Constitution at its will. And having coupled Watt with
the Britiſh Convention, by his adopting its views and fol-
lowing up its objects, having coupled him with this meet-
ing for the purpoſe of electing delegates and collecting mo-
ney for the expence of thofe delegates when chofen, I con-
nect
( 64 )
1
hect Watt again with the Convention that was to meet in
England; for I will prove him fitting in Committee and in
confultation, for the purpofe of entering into a correfpon-
dence with Thomas Hardy for the purpoſes I have ſtated,
of calling a Britiſh Convention to meet in England, of the
nature and with the powers and for the purpoſes that have
been explained to you.
Another of the acts of the Committee of Ways and Means
was an attempt to debauch the foldiers of this country, to
feduce the Fencibles who were then on their march to Eng-
land, and were actually quartered at Dalkeith. I will prove
that Watt and other members of that Committee met, com-
pofed, printed, and circulated a paper calculated to ſeduce
from their duty, the foldiers of his Majefty called the Fén-
eibles, while quartered at Dalkeith. The intention of thist
paper is fo plain that I fhall make no comment upon it, it
will be laid before you, and it is impoffible you can read it
and miſtake its meaning. I leave it to your good ſenſe to
read this paper and fay whether it does not attempt to in-
ſtil into the minds of the foldiers an idea that if they left
this country, the Government or its friends and ſupporters
would butcher their wives and children whom they had left
behind them, and whether it does not inftigate them to
mutiny and revolt, and hold out to them the promiſe of
the fupport of thoufands in their rebellion. Such is the
idea endeavoured to be conveyed, and that paper I will bring
home diftinctly to Mr Watt. I will prove the types from
which it was printed, fet, and ftanding in his houſe; I wilk
prove his being prefent when it was compofed, and when'
directions were given to a perfon where to get a parcel of
thoſe papers that perfon went and got them by theſe di-
rections, and having received them, he carried them by the
direction of the Committee of Ways and Means to Dalkeith,
and delivered them into the hands of the foldiers. Thus
will I trace the paper from the priſoner at the bar to the
hands of the foldiers at Dalkeith. This was not the fingle
act of Watt acting in his individual capacity, but the act of
*
Watt
}
( 65 )
J
•
Watt in what he called his repreſentative character, acting as
a member of a public body, called a Committee of Ways and
Means. After this Committee had taken the meafures I
have ſtated, for the purpoſe of calling another Convention ;
after it had organized itſelf as the centre of fedition in Scot-
land; after it had fet agoing an attempt to debauch the ar-
my at the very meeting which was called for the purpoſe of
anfwering Hardy's letter, and entering into a correſpondence
relative to a new Convention, Watt himfelf, at that time, and
under theſe circumstances, laid before the Committee a dif-
tinct and deliberate plan for destroying and overſetting the
-exiſting Government of this country; the parts of this
plan will be proved to you; I ftate them to be thefe: Mr
Watt, at a meeting of that Committee, acting as a member
of that Committee, produced a plan to be carried into exe-
cution by the Friends of the people, the outlines of which
were, that a fire was to be lighted at, or fome place near the
Excife Office, to attract the foldiers in the Caftle; when they
marched out to extinguifh the fire, they were to be met by
a party of the Friends of the People. Mr Watt, a member
of the Committee of Ways and Means, acting for the Friends
of the People, propofed that a number of them fhould meet
the foldiers on their march to the Excife Office, another
party were to be ſtationed near the head of the Weſt Bows
another at the Luckenbooths, the foldiers were to be en-
clofed between thefe bodies, to be furprifed, deftroyed, or
made prifoners: this done, the Judges, and particular-
ly my Lord Juftice-Clerk, were to be feized and impri-
foned, then they were to feize every Banking Houſe in
the city of Edinburgh, and to get poffeffion of the Caftle
itſelf, and a proclamation was to be iffued and diſperſed by
couriers all over the country, ordering all the farmers and
dealers in corn, grain, and meal within this kingdom, to….
bring in their grain and corn to market as ufual upon pain
of death, and commanding all country gentlemen to keep
in their houſes, or at leaſt not to depart from them to any
diſtance exceeding three miles under the fame penalty.
1
I
When
[ 66 ]
When this plan was carried, and when thefe objects were
obtained, an addrefs was to be ſent to his Majefty, command.
ing his Majefty to put an end to the war, change his Minif,
ters, or take the confequences; fuch was the plan of Mr
Watt propofed in the Committee of Ways and Means. I
will prove it diſtinctly by evidence which cannot be miſtaken,
and then I will leave to you to fay whether it is not a con-
fpiracy to overturn the Government of this country, and
whether, if I were to drop every thing relative to the Con-
vention, I have not fhewn a fcheme, and laid before you a
plan, which muſt in its natural confequence and apparent
tendency, put the life of the King in danger and peril, a
plan to depofe the King from his Royal Authority, a plan
for the purpoſe of reftraining his Majefty, compelling him
to do certain acts otherwife than he would do if left to him-
felf. But you cannot forget that this is not the plan of a
folitary individual, not the plan of Watt only, or thoſe three or
four people that met in the Committee of Ways and Means,
but the plan of a repreſentative of the Friends of the People,
acting for the purpoſe of calling another Convention, and
for the purpoſe of having delegates to meet in England, and
doing all this at one and the fame time, Then let me afk
whether it be poffible for any man to ſay that theſe perfons
had innocent objects in view in the calling this Convention,
when they took fuch means to carry their objects into effect and
execution? Before this plan was to take effect, all the Friends
of the People were to be armed; indeed you will naturally
imagine that fuch a plan could not be fuccefsful without
arms; but that is not all; to perfect the plan and to acquire
forces to carry it into effect, a perfon of the name of Fair-
ley was fent on a circuit or embaffy round the country; he
carried with him the circular letter and other papers I have
mentioned, from the Committee of Ways and Means; he
was empowered to collect whatever money he could, and
fend it to the Committee of Ways and Means, for the fup-
port of the Great Cauſe, to circulate the papers I have men-
tioned, to diſcover the fentiments of the different focieties,
tą
1
[ 67 ]
·
-tô found them upon the ſubject of arming, and to find out
how many in each place might be depended upon for the exe
cution of the GRAND PLAN which was about to be executed,
and which provided, as they termed it, for every thing Mr
Watt and the members of that Committee took upon them-
felves to act, as if they were already in poffeffion of all ti e au-
thority which the fuccefs of their project could give them,
and gave under their hands and feals, the inftructions to direct
him in his peregrinations through the country; what the
inſtructions were, will be proved; I fhall-not ſtate them
more at length. What the GRAND PLAN was, which was to
provide for every thing, what the GREAT CAUSE was in which
they were engaged, what the project was for which names
were to be collected, whofe utmost exertions might be re-
lied on, what the object was for which arms were, upon
-
various pretences, to be placed in the hands of the Friends of
the People, you will be at no lofs to difcover. Fairley faith-
fully performed his embaffy; he went to Stirling, to Campfie,
to Saint Ninians, to Glaſgow, Paifley, and other places;
what he did at fome of thoſe places, and particularly at
Upon his return, like a
Stirling, will be proved to you.
faithful meffenger, he made his report to the Committee of
Ways and Means, and reſtored, as he was directed, his in-
ftructions and credentials. Upon that, in order to induce the
people more readily to arm, and in order to facilitate the
plan, reports were fpread among the focieties of the Friends
of the People, that the Gentlemen of Goldfmith's Hall
were getting arms. Reports were fpread of the French land-
ing; that the Friends of the People would be put in a double
fituation of danger, that they would be butchered by ariftc-
crates on one hand, and by the French on the other, bc-
caufe the French would not know them; all thefe reports
werc ſpread for exciting the people to adopt the p'an mois
readily. Mr Watt and the Committee of Ways and Means,
about the time that Fairley was fent upon that miffior, en-
ployed perfons for the purpofe of making arms. Watt went
to a perfon of the name of Orrock, who will be produced to
I 2
you
1
+
[ 68
ર
you, and informed him, he had an order from Perth for
making four thouſand pikes, employed him to make a
number to be fent thither, and told him that more would
be wanting to be difpofed of here. Many pikes were made
by Orrock, and many will be produced to you here, which
were found, ſome at Orrock's, and fome at Watt's. It will
be proved that Orrock was not the only perfon employed in
this bufinefs; Mr Brown, in another part of this city was
alſo employed in making pikes. For what purpoſe theſe
pikes were to be ufed you can hardly doubt; the witneffes
wilk tell you they understood they were to be ufed for the
purpoſe of the Great Plan, which would provide for all and
anſwer for all. About the fame time of the miffion of Fair-
ley, another officer of the Friends of the People was elect-
ed, called a Collector; every diſtrict was to furnish,one for
every ten or twenty of its members; they were to commu-
nicate directly with the Committee of Ways and Means, to
have a permanent prefes, and be immediately under its au-
thority. The buſineſs of theſe collectors was to collect, to uſe
their own phraſe SENSE and MONEY, the opinions of the peo-
ple andwhat money they could; but another not lefs important
part of their bufinefs, which was more fecret and only com-
municated to the permanent prefes of thefe collectors was, that
they were to have the diſtribution of the pikes and the com-
mand of the parties; a number of thofe pikes will be pro-
duced before you, which Watt défired to be carried down
to the meeting of the Collectors; the anſwer was, I will not
take them now, I cannot trust the Collectors as yet.
!
Gentlemen, theſe are the facts I have to lay before you;
I truſt I fhall prove them, and if I do, you can hardly doubt
they will amount to High Treaſon.
I ftate the plan to be to overturn the legiflature of this
country, to fuperfede the King in his authority, and to fu-
perfede the legislature in the exercife of all its functions. I
flate the Committee of ways and means to be acting for that
object, and Mr Watt as one of that Committee of ways and
means,
as one of that fecret Committee of the Friends of
the
[ 69 ]
1
the People, to have met and conſpired to overturn the
con
ftitution, not as an individual, but as a member of that Com-
mittee of Union and of the Committee of Ways and Means,
to accelerate the downfall of the conftitution, to facilitate the
meeting of that Convention, which was to frame its own
laws, to render eafy the election of thofe delegates, who were
to refift the united authority of the legislature, to affiſt the
great caufe; the Caſtle was to be ſeized, the Judges and Ma-
giftrates deſtroyed, and the King himſelf compelled to yield
to the demands of the confpirators, arms were bought and
provided, perfons were fent round the country to collec
force and feduce the fubjects from their allegiance; pikes
were to be diftributed, and leaders were appointed. I fhall
leave it to my Lords the Judges to fate whether, in point of law
this was not a fort of confpiracy, which if executed, necef-
farily puts the perſon of the King in danger and peril; and
whether, in point of law, theſe facts if proved, be any thing
fhort of High Treafon. I am fure, you Gentlemen of the
jury, when you come to confider the law and the fact, will
do honour to yourſelves and to your country by what-
ever verdict you fhall think it your duty to pronounce.
I fhall now proceed to call the evidence in the order I
have ſtated; it was neceffary I fhould ftate it at fome
length, in order that you fhould fee the tendency of it as it
is given; but I have only to conclude with this fingle ob
fervation which I defire you to remember diftinctly. I have
laid before you the facts which I think I can prove, for the
purpoſe of explaining to your underſtanding the bearings of
the evidence; but you will recollect that although I have
Atated the facts as a fort of clue for the purpofe of your un-
derſtanding the evidence, you are to lay out of your minds
all the facts I have ſtated if I do not prove them; it is from
the evidence you are to determine and from that alone.
Mr Hamilton-I wifh to give notice to the other fide of
the bar, that the evidence for the Crown fhould be enclo-
fed.
Lord
Ľ 70 ]
Lord Advocate.-I gave fuch directions, I hope they are
fo. I fhall not proceed a ſtep further, till I know that all
the other witneffes are encloſed, except the Lord Provoſt,
and Mr Sheriff Clerk.
MR EDWARD LAUZUN, Sworn.
Mr Anstruther.—Q. Who are you?
A.
I am one of his Majefty's meffengers.
Q. Do you know a perfon of the name of Hardy?
A. Yes I do Sir.
Q. Did you feize any papers in his houfe, in the courfe.
of laft fummer?
A. Ì did, on the 12th of May, on a Monday morning.
Q. Have you any of thofe papers?
A. I have them in my hand.
Mr Hamilton.—My Lords, it is my duty, in diſcharging
the truſt that is repofed in me by the prifoner at the bar,
to ſee that this trial is conducted in the moſt regular man-
ner, and that no circumflances may be laid hold of that may
prejudife him ; and alſo, that no reflections may be made
upon myſelf, tending to fhow that I have not diſcharged my
duty with propriety.-I underſtand it to be the practice, and
underſtand it to be the law, with refpect to High Treaſon,
laid down by the Statute of Henry VI. as well as by that of
King William, that there must be two witneffes produced to
an overt act. I underſtand Mr Anftruther alfo, when he
ſays, one witneſs to one overt act, another to another is fuf-
ficient; but I underſtand, the profecutor is not entitled to
lead any evidence to an overt act not laid in the indictment.
I admit there is an exception to that general rule, according
to the practice of the law; though he is not entitled to lead
evidence with reſpect to an act not laid in the indictment.
You may lead evidence with respect to an act, provided it
tends to corroborate that which is fpecifically laid in the in-
dictment.—There is another point which I contend is in
my favour.-I fay you cannot lead any evidence in regard
to any extraneous fact, foreign to the iffue, until fuch time
A9
1
4
[71]
i
as you have eſtabliſhed and proved an overt act laid in the
indictment.
And now I come to the objection in point of order.
The objection is, it is neceffary for the profecutor, in the
firſt place, to ſubſtantiate and prove an overt act laid in the
indictment brought home to the priſoner at the bar, before
he goes to extraneous matter, whether done in London, or
in any quarter of the globe, whether within twelve months,
or done a century back from hence.
Mr Anftruther.I do not exactly know how the objecti-
on can ariſe to the queftion I was about to put -I am fure
nobody will fuppofe it is neceffary for Mr Hamilton to fay
any thing for the purpoſe of clearing himſelf from the in-
putation being caft upon him;-there is nobody here who
does not know his ability and readineſs to perform his duty.
As to the ſtatement of the law, as laid down by Mr Hamil-
ton, I take it to be perfectly correct. The ftatute requires
two witneffes before a perfon can be found guilty of High
Treafon; but, at the fame time, Mr Hamilton fairly and
candidly ſtated alſo, that one witnefs to one overt act, and
one witneſs to another overt act, are all that is neceffary.-
It is alſo true, an overt act not laid in the indictment, can-
not be proved, that is to fay, it cannot be proved as an o-
vert act; but a fact, not laid in the indictment, may tend to
prove an overt act laid ;—neither of theſe points, however,
are the grounds of objection.—Mr Hamilton's objection is,
that I must prove an overt act laid in the indictment, before
Į can produce any evidence whatever.-If I do not prove
an overt act laid in the indictment, the priſoner muſt be ac-
quitted; but it is impoffible I can begin at the wrong end
of a ſtory.—I am to prove Watt's acceffion to a treaforable
conſpiracy; before I can prove that, I muſt prove ſuch a
thing as a confpiracy to exift—I am entitled to ſhow a plot
in general, before I come to give evidence of the priſoner
being concerned in it.-All the Judges of England, in the
Houſe of Lords, at the trial of Viſcount Staffor, held
the law to be fo.-The very objection was made againſt
giving
}
វ
( 72 )
giving evidence of a plot, without fhewing the prifoner was
implicated in it;-the anſwer was, it is time enough to make
your objection, when I come to that part which implicates
vou. I believe the fame courfe was followed, both by the
Houſe of Lords and the Judges in 1745, and 1746; ia
thofe trials, the courfe was to prove a rebellion in Scotland,
and then to prove the part the prifoner had in that rebelli-
on.
Mr BARON NORTON.-I don't underſtand the evidence
that is to be objected to; it is not yet brought before us.
Mr Hamilton.--The objection ſtrikes me thus.-By this
evidence, a plot is faid to be exiſting in England, not a plot
exifting in Scotland; and it is furely the overt act of a plot
exifting in Scotland that the profecutor is to give evidence
of, but not of a plot in England.
Lord Advocate.—Mr Anftruther explicitly opened that a
confpiracy did, and has exifted in Great Britain, which confpi-
racy, whether in England or Scotland, is what the priſoner
at the bar is acceffary to;-there is no objection made to
the plot being in England, it is a plot in this great empire,
to which, both in England and Scotland, we ſhall prove
Watt acceffary.
LORD CHIEF BARON.-As to the ftating of Mr Anftru-
ther, it appears to me perfectly proper;-fo far as I can con-
jecture, the questions that have been put are proper, and he is
taking a proper method to proceed; he has ſtated a plot in
England, which was transferred to Scotland, and to which
the priſoner at the bar is acceffary; and what is proper to
be done in this cafe? the whole plot may be brought before
the Jury, and it is neceffary to prove a plot firft exifted-
this I conjecture from Mr Anftruther's statement, and I am
clearly of opinion, he is right in examining the evidence as
he is doing.
LORD PRESIDENT.-It appears to be an objection no ways
material. It appears to me the examination begins in the
proper way.
LORD CHIEF BARON.I apprehend Mr Anftruther will
conduct
í
}
[ 73 ]
conduct it in the way maft intelligible to the Court and
Jury; the fair and proper way is, to prove the Corpus delicti.
I know of no order in a criminal proceeding; he may exa-
mine witneffes in what manner he thinks proper to prove
the charge,
Mr Anftruther.Q(to Mr Edward Lauzun.)Did you
fearch Hardy's houſe?
A. Yes, I did, Sir.
Q. Did you find any papers there?
A Thefe are part of them that I have in my hand.
Q. Did you find among them a letter, dated 25th May,
1793, and figned by a perfon of the name of Skirving?
A. Is that the letter, Sir, you mean? (The witness pro-
duces a letter.}
A.
That is not the letter I mean. I mean one of the
25th of May, 1793.
A.
This is it I believe.
Q. See if that is dated.
A. It is the 25th of May, 1793.
Q. How is it figned?
A. Wm. Skirving,
Q. Will you look if you have a letter of the roth of
June, 1793, figned by Margarot and Hardy;-have you got
it in your hand?
A. Yes, I have.
Q. How is it figned?
A. There is no name to it, it is M. M. and T. H.
Q. Did you find any printed papers in Hardy's poffeffi-
on?
A. Several, Sir.
Q: Did you find any printed circular letters, figned T.
Hardy?
•
A. I believe I did, Sir.
Q. Did you find that letter?
A. Yes, Sir.
Q.
That letter you found in Hardy's poffeffion?
(Shewing him another letter.)
K
Yes
*
૩
}
1
[ 74 ]
*
A. Yes, Sir, that letter I found in Hardy's poffeffion,
Mr Knapp.—It is a printed letter, figned "T. Hardy."
Mr Anftruther.I mean to prove it was found alſo ag
Perth, and different places in Scotland, which will be evi-
dence of the generality of the plot.
Lord Advocate.-I defire this witnefs to remain in court,
if you have no objection.
Mr Anftruther.-(to Lauzun) You muſt take thoſe pa-
pers with you, and bring them in again. It will be necef
fary, as this witnefs is to be produced in another caufe, he
fhould keep the papers in his own cuftody,
Q: Do
WILLIAM SCOTT, Sworn.
you remember in December 1793, Mr Skirving
being apprehended?
A. Yes. I do.
1
Q. Tell the ſtory yourſelf, in your own way.
A. On the 4th of December 1793, a meeting took
place with the Lord Advocate, the then Sheriff of
Edinburgh Mr Pringle, and myſelf, to confider what was
proper to be done as to the meeting then fitting at Edin
burgh, ftiling themſelves the Britiſh Convention; when it
was agreed upon and confidered to be abfolutely requifite
that the leaders of that meeting fhould be taken into cufto-
dy and their papers ſecured, In confequence whereof I, as
is ufual in fuch cafes, directly applied to, and obtained from
the Sheriff, the warrants requifite, but which were not to
be executed till next morning, as thofe against whom they
were directed might not be found in their lodgings that
night, or the papers wanted fecured. On the morning of
the 5th, pretty early, the warrants were given off to the
proper officers, with inftructions how to execute the fame;
and as there was reafon to fuppofe that the minutes of the
Convention, with other papers of confequence, would be
found in Skirving's poffeffion, two of the Clerks in the
Sheriff Clerk's office, viz, Mr Dingwall and Mr Mack, were
fent along with the officer, who got the warrant againſt
Skirving
{
t
15)
Skirving to affiſt in ſecuring his papers, which were to be put
into bags, carried with them for the purpoſe, and brought tở
the office along with him for examination and inſpection be-
fore the Sheriff, as it was confidered that a minute inſpection
of the papers would take a confiderable time. He was accord-
ingly apprehended that morning in his own houſe, his pa-
pers fecured, and he and they taken immediately to the
office, in the manner directed, for examination and infpection
in preſence of the Sheriff.
Q. What followed then ?
A. So foon as the Sheriff came to the office, Mr Skirə
ing was examined, the feals removed from the bags con
taining his papers, and the papers infpected, when an inven-
tory of fuch as appeared connected with the buſineſs on
hand was taken; theſe papers marked and detained, and the
others delivered to Mr Skirving.
Q. Was you preſent?
A. I was preſent at opening the bags containing the pa-
pers, and affiſted at inſpecting and inventorying the fame.
Q. Was Skirving preſent ?
A. He was.
Q. What became of them?
A. They remained in my cuftody and the then Sheriff's
until fent to the Crown Agent, with the precognition to
prepare for the trials; and fince the trials were over, I bora
rowed part of them from the Clerks of the Jufticiary, and
got the remainder from Mr Warrender the Crown agent,
fince which they have been in my poffeffion.
Q. Should you know them again?
A. Yes, from their being marked by me when inven-
toried as above.
Q. Have you any now?
A. Yes, I have.
Q. Produce thofe you have?
A. Here is what is entitled, Scroll minutes of the Britiſ
Convention. It confifts of 95 pages, and as that was con-
fidered a material paper, we all figned our names on the
back
K 2
!
[ 76 1
2
back of it at full length; that is, the Sheriff Subſtitute Ma
Davidſon, Mr Dingwall, Mr Mack and myſelf.
Q. What is that?
A. That is Minutes of debate of the General Commit-
tee which met at Edinburgh after the arrival of the Engliſh
delegates.
Mr Hamilton. My Lord, it appears to me that the evi-
dence as to thefe papers is entirely loft, the chain is broken;
fo long as they remained in Scott's poffeffion, it will authen-
ticate them, as being found in Skirving's poffeffion, but out
of Scott's poffeffion, the chain is diffolved, and you cannot
mend it again. It was mentioned to the laft witnefs that it
was neceffary he fhould keep the papers for the fake of ano-
ther trial to be had; but he did not fo formerly, fo the link
is gone and it is impoffible for him to authenticate theſe pa-
pers, and to prove them found in Mr Skirving's poffeffion.
Mr Dundas. A ſhort queſtion will make it very clear.
Q. Did you mark them?
A. I did.
LORD PRESIDENT. Let Scott be afked whether they are or
are not the fame, and what reafon he has to believe they are
the fame papers
?
A. They are the identical papers I found my initials
are upon them.
Q. What is the printed paper ?
}
A. It is minutes of the General Committee wrote upon
one of Skirving's letters. There is a letter from D. Stuart,
dated London 16th October 1793, to Mr Skirving at the
head of Horfe Wynd Edinburgh; another from Thomas
Hardy from the Correfponding Society, 15th November
1793; another letter from Thomas Hardy of the 29th No-
vember 1793.
Q. Addreffed to whom?
A. Addreffed to Margarot and Gerrald, delegates; the
other was alfo addreffed to Margarot and Gerrald, delegates.
Q. What is that in your hand?
A. A letter from Henry Shipley, Nottingham, dated
6th July 1793, alfo addreffed to Mr Skirving-this is the
Refolutions
1.
[ 77 ]
}
Refolutions of the extraordinary General Meeting of the So
ciety for Conftitutional information held at the Crown and
Anchor Tavern, London, and directions to their delegates
to the British Convention.,
Q. Was that paper taken out of Skirving's papers?
A. It was.
Q. What date is it?
A. The 28th October 1793.
Q. Look at thefe papers, and fee if you recognize theſe,
and by what means you do fo-what is that you have in
your hand?
A
A. It is a letter from Thomas Hardy to Mr Skirving,
addreffed on the back to William Skirving, Secretary to the
Convention and the Friends of the People, Edinburgh, dated
London 17th May 1793. Here is another letter from the
fame gentleman, of the 5th October 1793, directed to
William Skirving at the head of Horfe Wynd, Edinburgh.
This is Inftructions to Citizen Gerrald from the London Cor-
refponding Society, dated 24th October 1793,figned Richard
Hodfon Chairman, and Thomas Hardy Secretary, which is
alfo marked Citizen Gerrald's Commiffion from the London
Correfponding Society, 24th October 1793, figned by Thos.
Hardy; another letter from Mr Hardy, dated 24th October
1793, directed for Mr Skirving, head of Horfe Wynd,
Edinburgh, and that is the whole.
Mr Dundas. Q. Did you feize any papers of Mr Mar-
garot's, Mr Scott?
A. Yes, I did.
Q Look at thoſe and fee if you know them again, and
tell us how you got them?
A. On the fame morning of Thurſday the 4th of De-
cember, another officer was fent to fearch the place where
Margarot and Gerrald refided, being at the Black Bull Inn,
Leith-street.
Q. What is his name?
A. Lyon; he found Margarot and Gerrald in the fame Inn,
he took them into cuftody, and alfo their papers, when coming
away
A
(4)
away with the papers, Mr Margarot faid it would be more coñe
venient to carry them in a trunk; accordingly they were put
in a trunk, which Margarot lockt and kept the key; after being
examined in the office, he was defired to deliver up the key,
fo as the papers might be infpected, which he refufed to do;
farther proceedings were delayed 'till next day, in hopes that
he would then give up the key. But finding that he would
not do fo, I applied for and obtained from the Sheriff a war-
rant to open the trunk, and to bring Margarot and Gerrald
to the office to be prefent; they came there, and the key
being ſtill refuſed, a fmith was fent for to open the trunk,
when Margarot took the key out of his pocket, held it in
his hand, faying, if the meffenger took it from him he might
have it, but not otherways: then the meffenger did take
the key and opened the trunk, in prefence of the Sheriff,
Margarot, Gerrald, myſelf and others; the papers were
then inſpected, and fuch as appeared applicable to the bu
fineſs on hand were inventorie and the others given up to
Margarot and Gerrald.
Q. What is that?
A. It is a lettter figned Thomas Hardy, dated 24th No*
vember 1793, directed,. Mr Margarot and Mr Gerrald, dele-
gates from London.
Q. Did you get any of Mr Sinclair's papers ¿
A. Yes, he was lodged in the fame houſe with Margarot
and Gerrald.
Q Was he one of the perfons apprehended on the war-
rants which you obtained.
A. Yes, he was, and was a member of the Britiſh Con-
vention.
Q. What meffenger took him into cuſtody?
:
A. Mr Lauzún. Mr Sinclair could not attend for exa
mination that day, but his papers were brought by the offi
cer the fame morning to the Sheriff Clerk's office, and re-
mained there till Sinclair was well enough to be examined
and have his papers infpected and inventoried.
Witness. Here is Mr Sinclair's amendment of Mr Callen
dara
1
£ 79 ]
dar's motion; it was then marked by Mr Davidfon, by Mack
and myſelf.
Q. Did Sinclair find any of his papers there when he
came to be examined?
A. I think he did.
Q. There is another paper entitled a motion of A. Cal-
lendar; was that among Sinclair's papers too?
A. Yes, it was alfo found amongſt his papers.
Mr Dundas. Q. Were you in Nicolfon ftreet at the
difperfion of the Convention? was you employed in that
bufinefs?
A. On Thurſday the 5th of December 1793, the Britiſh
Convention was difperfed by the Magiftrates of Edinburgh,
when affembled in their ufual place of meeting in Biack-
friars wynḍ in Edinburgh; and the night following, the
Convention having met in a wright's fhop in the Crofs
Cauſeway, I accompanied Mr Davidſon the Sheriff Subſtitute,
with others to affift in difperfing the fame,
Q. Where is that?
A. It was in Lady Lawfon's yard in the Crofs Cauſeway.
Mr Davidſon went into the meeting before me, and on my
coming in I found the place quite crowded to the door.
Q. Who was in the chair when you went there?
A. When I came into the room no perſon was in the
Chair, but Margarot ſtanding very near it-the firſt thing I
heard ſaid was, that the meeting were defired to recollect they
voted themſelves a permanent Convention the laſt night.
Q. Was it Margarot you heard fay this?
A. Yes, he alſo addreffed himſelf to the meeting to this
effect. As there was no perfon in the chair, he would take
it; he was therefore called unanimoufly to take it, and he
did fo. He moved they fhould proceed in their buſineſs,
faying it was a petition to Parliament or to the King, that
was under confideration, and Mr Gerrald was going to pro-
ceed, when Mr Davidſon aſked of Margarot whether this
was the Britiſh Convention, and being told it was, he ſaid
he came there as Sheriff fubftitute of the County to dif
perfe
}
[ 80 J
perfe them, and if they did not do ſo he would compel
them; Margarot faid force was neceffary to be uſed; where
upon Mr Davidfon took Margarot, by the hand, and led
him out of the chair, after which the meeting difperfed.
1
Q. Do you know Skirving's hand writing?
A. Yes, I do.
Mr Anftruther produced' fome papers again to Mr Scott,
and aſked him if they were of Mr Skirving's hand writing.
A. There is none of thefe Mr Skirving's hand writing,
except his fubfcription to one of them.
Q. You know it to be his fubfcription?
A. Yes; neither of them in my opinion are Mr Skir-
ving's hand writing, but there is his fubfcription to a letter
addreffed to Mr Hardy, dated Edinburgh 25th May 1793
COURT. Q. Is that fubfcription to that letter his fub-
ſcription?
A. In my opinion it is.
Q. What is that letter? what is the date?
A. The 25th May 1793, (the three papers were put in),
Mr Anftruther. We must read that letter.
Crofs examined by Mr Hamilten.
Q. How do you know Skirving's ſubſcription ?
A. I have ſeen his hand writing often.
Mr Erskine. Have you feen him write?
A. I have.
Lord Advocate. He fays he has feen him write, it is legal
evidence.
JOHN TAYLOR Sworn.
Mr Anftruther. Q. Where do you live?
A. In Fleet ſtreet in the city of London.
Q. What is your profeffion?
A. I am not in any, I have a fmall independency,
Q. You live upon your property?
A. I do fo, Sir.
Q. Do you know fuch a fociety in London as the Lon
don Correfponding Society?
+
I
A
A. I do, Sir.
A
{ 81 :)
Are you a member of that fociety?
I was.
*.
1
Q. Do you know a perfon of the name of Hardy amotig
them ?
A. I do, Sir.
Q: What is his first name?
A.
Thomas.
1
Q. Is he a member of the London Correfponding So
tiety?
A. He was.
:
QIn what character did he act?
A. As Secretary to the Society at large.
Q. Have you feen him act as fuch?
A. I have, Sir.
Q. Do you know his hand writing, Mr Taylor ?
A. I do, Sir..
Q. Look at that?
1
A. To the best of my belief this is his hand writing. I
have ſeen him write on the divifions feveral times, and to the
beſt of my belief it is his hand writing.
Mr Warrender. This is the certificate of Citizen Mara ·
garot's election to be a delegate to the Convention; that is
one of the papers produced by Scott. The next is a letter
from Mr Hardy to Skirving, dated 25th October 1793-
Q. Is that his hand writing?
A. It is
Mr Anstruther. This a certificate of Gerrald, to be a dea
legate of the British Convention.
(Another ſhewn Mr Taylor.)
Mr Taylor. That I believe to be his.
Q. Thoſe are the articles of inftruction given to Mr
Gerrald by the London Correfponding Society The figna-
ture at bottom is T. Hardy Secretary?
A. That alfo is his, (locking at the paper.)
Mr Anftruther. That is a letter to William Skirving, Ses
cretary to the Friends of the People at Edinburgh, in ans
Ꮮ
fwer
1
}
[
82
82. J
fwer to the letter of the 5th of May; alfo a letter from
Hardy to Skirving, dated the 5th of October 1793are
there any more?
A. This I alſo know; I believe that to be his hand
writing.
- Mr Anftruther. This is a letter from Hardy to Margarot
and Gerrald, delegates from London, dated November 8th
1793 ?
Witnefs. From the general character of this, I believe it
to be his hand writing.
Q
A
Thofe initials?
Yes.
Mr Anftruther. You believe this to be Hardy's hand
writing?
A. Yes; it is a letter from Hardy figned M. M. C.
T. H. S.
Counsel. Which we fay is Maurice Margarot, Chairman,
and Thomas Hardy, Secretary; it is dated London 10th of
June 1793, found amougft Hardy's papers.
Mr Anftruther. Will you explain to the Court and to the
Jury, the cenſtitution of the London Correſponding Society,
as far as you know it?
A. I understood the London Correfponding Society was
a very large body of people, that they were divided into
feveral divifions; I understood as many as 30, and number→
ed 1, 2, 3, 4, 5, and fo on. The leading divifions were the
2d and 29th; thofe two I conftantly attended as member of
the ad divifion and vifitor of the 29th; but I believe the whole
amounted to about 14. I took minutes of what paffed ge
nerally, always when I took them, it was after quitting the
place among them. I have got a number of the divifions wrote
down, which I have in my pocket if neceffary to produce.
When they met, there was a General Committee, 1 under-
ſtood to be a permanent one, confifting of a delegate from each
divifion. This met on a Thurfday, the proceedings and
conduct of that Committee on that day were always reported
by a delegate of that divifion on the following meeting night.
There
[ 83 ]
There was a Committee of Correfpondence and a Commit-
tee of Secrecy, and lately there was a Committee of Emer-
gency.
Q. When was the Committee of Emergency formed?
A. On the 12th of May in the 2d divifion, and on the
13th May in the 29th, in May laft. I hope I may have in-
dulgence to refer to my notes.
Q. Do you recollect a meeting of the Society at the Globe
Tavern?
A. I do.
Q. Was that a general meeting?
A. A general meeting, advertiſed as fuck.
Q. Who was in the chair at that meeting?
A. A perfon of the name of Martin, whom I afterwards
learnt was an attorney by profeffion.
Q. Was Mr Hardy there?
A. Mr Hardy I faw there, I was not on that day a mem-
ber of the Society.
Q. May laft?
A. May 1794:
Q. What date was the meeting?
A. Upon the 20th January 1794, at the Globe Tavern.
Q. Do you recollect what paffed at that meeting, and
what number were preſent?
A. What number were preſent! there were a thouſand
people; the crowd was ſo great that the floor in one room
gave way, and they moved from the lower room to the
upper one, ufually underſtood as the affembly room; the
chairman and twelve perfons, Thelwall and Richter ftood
in the orcheſtra, they moved the refolutions that were af
terwards publifhed.
Q. Theſe refolutions you fay were agreed to by the meet-
ing, and afterwards printed?.
A. They were..
Mr Anstruther. A. What paffed at that meeting?
A. The chairman introduced a ſmall preface as to the in-
tention of the meeting, which was to have thefe refolutions
¡L Z
or
f
[ 84 ]
1
1
or addrefs, as it was termed, read to the meeting, and to
take their opinion.
}
Q. Was that addreſs read?
A. It was by Richter, and afterwards Thelwall the chair-
man put the queftion, and they were carried by a fhow of
hands, unanimoufly.
Q. Do you recollect the fubftance of any of the fpeeches
that were made?
A. The time has fo long elapfed, or fome particular paf-
fages I fhould. One of the refolutions was the General or
Permanent Committee, of which I have before fpoken, was
to meet every day, in order to watch the motions of Parlia
liament, and if they faw any bill introduced to bring over
foreign troops, or fufpend the Habeas Corpus Act, or pre-
vent meetings for conſtitutional information, then they were
to oppofe that, and repel force by force.
Q. You have faid that thoſe reſolutions were afterwards
printed?
A. I have, Sir,
Q. Have you any copies of theſe printed refolutions?
A. I have, Sir.
(A copy fhewn him.)
Mr Taylor. That is one.
Q. From whom did you receive that copy of the refolu
tions?
A. I received this from the hands of a perfon of the name
of Moore, in the preſence of Hardy the Secretary, and up-
on my requefting him to give me one, I faw feveral of thoſe
reſolutions thrown about the room and diſtributed by Thel-
wall and Richter, to the beſt of my recollection, I faw one in
another perfon's hands, and I believe this to be the fame, I
afked Thelwall for one, and at that time he faid he had none
left.
1
Q. You received it from a perfon of the name of Moore,
and you faw feveral of thoſe refolutions thrown about the
room, and diſtributed by Thelwall and Richter?
A. Yes
1
}
1
Q. Did
i
[ 85 ]
Q. Did you receive it as a refolution of that meeting?
A. I did.
Q. You went there on purpoſe to get it ?
A. I did. I made an application on the 22d. On the
23d I received it. I can ſtate the converfation that paſſed
at that meeting,
1
Q. State the converfation that paffed at the time of your
receiving it from Moore in the prefence of Hardy.
A. On my meeting Mr Moore at the corner of the Old
Bailey, I aſked him for one, he ſaid he had not got one; but
if I would apply to Mr Hardy, and uſe his name, he would
give me one; in confequence of which I called on Hardy,
he faid he had none by him, but he would go to the prin
ter's that evening, and if I would look in on the following
morning, I fhould have one; I went to his ſhop, and I faid
I came for one of thofe addreffes--Hardy faid to Moore,
who was preſent, have you any?—He ſaid, if the perfon
will go to my houſe, I will give him one.-Mr Hardy faid,
have you one in your pocket ;-He faid he had. He pull-
ed it out, and gave it to me, and this is the paper marked
by me.
Q. Do you remember being preſent at a meeting of the
London Correſponding Society, that was held at Chalk
Farm?
A. Yes.
Q. On what day?
A. On the 14th of April 1794,
Q. Where is Chalk Farm?
A. It is in the road leading from Tottenham Court
Road to Hampſtead, about a quarter of a mile out of the
main road.
Q. How far is it from London?
A.
About two miles, or a mile and an half,
Q. What was that meeting?
A. It was exactly of the fame nature as the one at the
Globe Tavern;—it was for convening together the fociety at
large, upon which feveral refolutions were moved and enter-
ed into.
}
4
Q.
[ 86 ]
Q. How many people were fuppofed to be there!
A. I heard three thoufand, and I apprehend about twe
thouſand,—It was held upon the bowling place.
QWho was in the chair?
A. A perfon of the name of Lovett ? -
Q. Was Lovett a member of the London Correfpond-
ing Society?
A. I underftood he was.
Q. And was Hardy there?
*
A. Hardy was there; but I did not fee him act in any
capacity.
Q. You fay they came to fome refolutions?
A. They did.
Q. Were they read?
1
A. They were read by Richter in part, and part by a
perfon of the name of Hodfon.
Q. Which of the Hodfons was it?
A. Hodfon, a hatter in Weſtminſter.
Q. Do you remember whether thoſe reſolutions were
put generally or ſeparately?
A. They were put ſeparately.
Q. One by one?
A. One by one. The chairman addreffed the meeting,
requesting to take their opinion, whether they ſhould be.
all read together, and carried by one motion, or whether
they ſhould be all read fingly, and carried feparately-they
were all carried ſeparately.
Q. Were their refolutions printed?
A. They were.
Q. Have you any copy of thoſe reſolutions?
A. I have. (producing papers.).
Q. From whom did you receive thoſe papers?
A. By the memorandum I have made upon it, I recei
ved this from Thomas Hardy, on the 21st of April, the
Monday fucceeding.
Q. Where did you receive them?
A, At the fecond divifion of the London Correfpond-
ing Society.'
Q.
W
$
A
( 87 )
}
Q. Of how many might that conſiſt ?
A. A hundred and twelve,-it was proved by the book
of the ſub-ſecretary, Pearce, on the 12th of May-I beg
pardon, I meant to fay, it was, what I underſtood to be ef-
fective members.-I underſtand that divifion had 700 be-
longing to it-It at that moment confifted of 112, it was
proved, from their having paid their quarterage money, on
the 25th of March preceding.
Q. How much was the quarterage money?
A. One fhilling and a penny.
Q. Theſe refolutions you fay you received from Hardy?
A. I did.
Q. Did you receive them as the reſolutions that had
paffed at Chalk Farm?
A. Yes. I did.
Q. Are they the fame?
'
A. Nearly fo.To the beſt of my recollection, I think
there is ſome trifling variations.
Q. State them.
A.
If I look at my minutes I can tell,
Q. Did you make them at the time?
A. Immediately upon my coming home.
Q. What is the variation between the printed copy of
the minutes you got from Hardy and the others?
·
A. In fenfe and ſubſtance it was thus, as, I understood
the fenſe of it,that the minifters having adviſed the King
to fuch conduct as brought Charles I. to the block, and
drove the Prince his fon from the throne; therefore, the
miniſters have been guilty of High Treafon.
Mr Hamilton.I ſubmit to the Court,that the examinati-
on fhould be confined folely to that paper, and the witneſs
right to go to any extraneous examination.
has no
Mr Anftruther.-I mean to prove to the Court and Jury
what paffed at the meeting at Chalk Farm. The witneſs
tells you, he received from Mr Hardy, of the London Cor-
refponding Society, a paper, containing a refolution, faid to
be then come to, and from his minutes taken at the time,
he
す
​t 88 1
he fays they are not exactly the famé refolutions as were
made at Chalk Farm, there is a variation.
Mr Hamilton.—I don't ſee how you are to correct writtefl
evidence by the teftimony of this gentleman, from his own
minutes only.
LORD PRBSIDENT. Q.Was you prefent at the meeting?
A. I was.
Q. You heard the refolutions?
A. Yes.
ง
2
QYou recollect thoſe were the words that paffed ?
A. I attended particularly to them; they are the words
that paffed.
Mr Hamilton. There cannot be two refolutions of a dif-
ferent tenor in one and the fame place'; the objection lies to
one or the other.
Mr Anftruther. The witness was preſent and took notes,
but whether, hedid or not he is entitled to give evidence of
what paffed at that period; there may have been reafons for
Hardy's not putting in print what de facto was voted.
LORD PRESIDENT. The Jury have heard every thing the
witneſs faid about it.
JURY. How do you know it was not the fame as the re-
folution?
Mr Anftruther. Read again the difference between the
printed minutes, and the actual refolution that paffed: if
I underſtand the gentlemen of the Jury that is what they
want to know.
Mr Taylor. It was therefore refolved that the preſent
miniftry was guilty of High Treafon; thofe exprefs words I
believe are not in the printed evidence, but being impreffed
on my memory I think I can fpeak pofitively to them.
you
Lord Advocate. Q.. Being impreffed upon your memory
think you can ſpeak pofitively to them?
A. The words were impreffed upon my memory.
COURT. The Jury will underftand nothing is yet put fo
as to affect the prifoner.
Mr Anftruther. Í ftated to the Jury I would prove the
prifoner
1
1
糞
​[ 89 ]
prifoner concerned in a plan to call another Britiſh Convena
tion, and I will prove who were the perfons who formed the
plan, and what fort of a Convention it was they meant
fhould meet.
Lord Advocate. Q. At the meeting at the Globe Tavern,
was any refolution made in your hearing with regard to the
number of papers intended to be printed?
A. I underſtood 100,000 to the beſt of my recollection.
Q. One hundred thouſand copies of thoſe reſolutions en
tered into that night, were to be printed?
A. Yes. }
Q. Did you know or underſtand for what purpoſe they
were to be printed?
A. To be diſtributed to the fociety; the friends and mema
bers of the fociety.
Q. I will put the fame queftion, whether the refolutions
entered into at Chalk Farm were printed ?
A. In the clofe of the buſineſs, Mr Richter moved two
hundred thouſand copies fhould be printed, obferving one
hundred thouſand had not been found fufficient, as voted at
the Globe Tavern for diſtribution of them to the body at
large.
Q. Was that refolution agreed to?
A. It was.
Q. Of the divifion No. 2. of the London Correfponding
Society, thofe that had paid quarterage were 112 perſons,
whilft the members of that divifion were 700, you faid?
A. I did.
Q. What was the reafon of your making that a diſtinction
of the effective members of that divifion?
A. For this reafon; Hardy, who I underſtood was the Se-
cretary at large of the Society was arrested, and Pearce, whe
received the collections on the 1ft of April as Sub-ſecretary,
had been a delegate, but refigned on the firft of April, then
was appointed as Sub-ſecretary; the Society met then in
the committee room, and a chairman was appointed; any
indifcriminate perfon that voluntarily came forward was no-
minated
+
M
[ go ]
minated a delegate, who always acted and did the bufiiefs
when Hardy was not prefent. The delegate acted as delegate`
and fecretary. The delegate then read the report of the Com
mittee; after that had been done, Pearce moved that one
member out of ten fhould be choſe to add to the Standing
Permanent Committee, in order to make at that time a
Committee of Emergency, that their proceedings might be
more firm and poſitive; he produced a book, in which book
was the names of the members entered which had paid the
preceding quarter. He took up a book, and faid, I find
here is 112, in confequence of which, one out of ten was to
be appointed out of that aggregate number; he uſed this ex-
preffion, I have got this book, God knows what is become
of the reft, I fuppofe Mr Dundas and Mr Pitt have got
them.
It was upon the evening of Hardy's arreft this mea-
fure was taken in the ſecond divifion of the London Cor-
refponding Societies ?`
A. Certainly. This was the reaſon of the Committee of
Emergency; taking one out of ten and making them a Com-
mittee of Emergency.
Q. Have you ever heard of military divifions ?
A. I have.
Q. In what divifion of the Society?
A. It was the 29th divifion of the Society. I underſtood
there was produced an inftrument, a kind of pike and fhore
ftick to act as a walking ſtick, it had at the end a braſs ferule
and another at the head of it; it ftruck me, I thought it ex-
ceedingly well executed. I was given to underſtand, a fhort
or long dagger was to be fcrewed into it, and its execution
would be done momentarily. Then this altercation upon a
trifling matter arofe from a man of the name of Oxlade,
who appeared in cloaths of a red colour. Some member ob-
jected to it as bearing marks of ariftocracy, he faid he had
been in a military line, and held a place in the Society, he
faid, in the fame fituation.
That the London Correfpon-
ding Society was not without places of a military, refort. L
aſked.
[91]
A
i
/
afked where, as he ſeemed to be ſpeaking of it as to perfons
that did not know. Spence of Middle Row had a direction,
and he was a delegate of the third divifion, and he gave me
to underſtand it was fituated fome where in Saint George's
Fields.
Grofs Examination by Mr Hamilton.
Q. You fay you have a little competency to live upon in
London?
A. I have.
Q. Will you explain that?
}
ľ
A. Ì have Eaſt India Company's ftock 1350l. produces
annually 941. a year, it is in two names, Mary Ann Hal-
liday and another.
Q. Pray, what brought you to Scotland?
A. I was directed to come here.
Q. By whom?
Mr Anstruther. I brought him to Scotland, there is no
doubt about it. I brought the gentleman here, and I have
a right to bring my witneffes from whatever part I can get
them.
I wish to have the printed minutes read of Chalk Farm,
and the Globe Tavern.
A printed paper was then read of the Proceedings at the
Globe Tavern, Strand, as follows.
"At a general meeting of the London correfponding fo-
ciety held at the Globe Tavern, Strand, on Monday the
* 20th day of January 1784, citizen John Martin in the
"chair; the following addrefs to the people of Great Bri-
"tain and Ireland, was read and agreed to.
"Citizens,
"We find the Nation involved in a War, by which in the
"courſe of one Campaign immenſe numbers of our coun-
"trymen have been flaughtered, a vaft expence has been
incurred, our trade, commerce and manufactures are al-
M 2
" moſt
[ 92 1
r
❝ moſt deſtroyed, and many of our manufacturers and artiſş
are ruined, and their families ftarving.
"To add to our affliction, we have reafon to expect that
other taxes will foon be added to the intolerable load of
"impofts and impofitions with which we are already over-
"whelmed; for the purpofe of defraying the expences
"which have been incurred in a fruitless crufade, to re ef-
"tabliſh the odious defpotifm of France.
"When we contemplate the principles of this war, we
❝ confefs ourſelves to be unable to approve of it, as a mea-
fure either of juſtice or diſcretion. And if we are to form
our calculation of the refult, from what has already paf
fed we can only look forward to defeat, and the eternal
❝ diſgrace of the Britiſh name.
"While we are thus engaged in an expenfiye and ruin
❝-ous foreign war, our ftate at home is not lefs deplorable.
"We are every day told by thoſe perfons who are inte
refted in fupporting the corruption lift, and an innumera-
ble hoft of finecure placemen, that the Constitution of
“England is the perfection of human wiſdom; that our
laws, (we fhould rather fay their laws) are the per-
fection of juftice; and that their adminiſtration of thoſe
“laws is ſo imparțial, and fo ready, as to afford an equal reme-
❝dy both to the rich and to the poor,. by means of which
"we are faid to be placed in a ſtate of abfolute freedom,
66
and that our rights and liberties are fo well fecured unto
us, as to render all invafion of them impoffible.
"When we ask how we enjoy thefe tranfcendent pri-
vileges?—we are referred to Magna Charta, and the Bill
"of Rights; and the glorious Revolution in the year 1688
is held out to us as the bulwark of British Liberty.
"CITIZENS,
"We have referred to Magna Charta, to the Bill of
"Rights, and to the Revolution, and we certainly do find
that our anceſtors did eſtabliſh wife and wholeſome laws ¿
# but we as certainly find, that of the venerable conftitution
# of our anceſtors hardly a veftige remains.
" The
*
[93]
The only chapters of the Great Charter which are now
in legal exiſtence are the 14th and 29th.
"The important proviſion of the 14th chapter runs thus ;
"A freeman fhall not be amerced for a ſmall fault, but
after the manner of the fault; and for a great fault, after
the greatnefs thereof, faving to him his contenement,
" and a merchant likewife, faving to him his! merchan-
dize, and any other villain than ours fhall be likewife
"amerced, faving to him his wainage; and none of the
amerciaments fhall be affeffed, but by the cath of honeſt
and lawful men of the vicinage.
CL
By the ufurped power of the Judges, in affeffing fines
"(and what fines!!) in the cafes of mifdemeanor, this
glorious right of the fubject, of having theſe fines affef-
fed by the jury, (the only poffible protection from fla-
"very and the vileft oppreffion) is unjustly and infamoufly
ravifhed from us.
"The provifion of the 29th chapter runs thus ;
"No Freeman fhall be taken or impriſoned, or be dif
feized of his freehold, or liberties or free cuſtoms, or be
❝ outlawed or exiled, or any otherwiſe deſtroyed, nor we
"will not pafs upon him, nor condemn him, but by the
"lawful judgment of his peers, or by the law of the land,
"we will fell no man, we will not deny or defer to any man,
"either juſtice or right.
"The various methods now in conftant practice by
which the benefits of this provifion are totally defeated
and deftroyed, might induce us to fuppofe that the Great
Charter has been repealed; if we did not affuredly know
that it is the fundamental basis of our conftitution, which
even the real reprefentatives of the People (much leſs the
miferable nominees of Helftone and Old Sarum) have
not the right, nor (as we truft it will be found by ex-
perience) the power to repeal. Yet what do we find in
practice? Unconftitutional and illegal informations ex officio,
"that is, the arbitrary will of the King's Attorney General,
ufurping the office of the accufing fury; and the inter-
efted
}
t
i
94 ]
}
we efted will of a vile common informer, with the judg
*ment of as vile a cominon trading or penfioned juftice,
fubftituted in the room of our birth right, an impartial
trial by our country. Add to this, that the exorbitant
expence of judicial proceedings, the novel practice of ar
"bitrarily and repeatedly annulling the verdicts of juries, and
the dilatory practice of the Courts, moft openly and
"fhamefully contradict the clauſe which forbids the denial,
"the delay, and the fale of juftice.
"A man accuſed of felony (for which by the common law
"of England, his life and goods are forfeited) may be
*bailed on finding two fureties for forty pounds each;
"but upon a charge of miſdemeanour by words only, bail
"to the amount of one thousand pounds has been de-
❝s manded.
"Upon conviction alfo for fuch mifdemeanor, enormous
«fines, long and cruel impriſonments, unknown to our an-
« tient laws, and unfanctioned by any new ftatutes, have of
late, (and but of late,) been too frequently and too op-
preffively inflicted; and all this, although by the Bill of
"Rights it is declared, that exceffive bail fhall not be de-
"manded, nor cruel and unuſual punishments inflicted.
"If we look to Ireland, we find that acknowledged pri-
viledge of the people to meet for the fupport and protec-
❝tion of their rights and liberties, is attempted by terror
to be taken away by a late infamous act of Parliament ;
"whilft titles of honour,-no, but of difhonour are laviſh-
* ed; and new fources of corruption opened, to gratify
"the greedy proſtitution of thoſe who are the inftruments
"of this oppreffion.
"In Scotland, the wicked hand of power has been
impudently exerted, without even the wretched formali
"ty of an act of Parliament; magiftrates have forcibly in-,
"truded into the peaceful and lawful meetings of free men,
and by force (not only without law, but againſt law) have
<under colour of the magifterial office, interrupted their
deliberations, and prevented their affociation.
"The
{
[95]
#
"The wisdom and good conduct of the British Conven?
❝tion at Edinburgh, has been fuch as to defy their bitter
"eft enemies to name the law which they have broken;
"notwithſtanding which, their papers have been ſeized, and
"made uſe of as evidence againſt them; and many virtu-
"ous and meritorious individuals have been, as cruelly, as
unjuſtly, for their virtuous actions, diſgraced and deſtroy-
"ed by infamous and illegal fentences of tranſportati-
"on, and thefe unjuft and wicked judgements have been
"executed, with a rancour and malignity never before
"known in this land, and our refpectable and beloved fel-
"low citizens have been caft fettered into dungeons, amongst
"felons in the hulks, to which they were fentenced.
" CITIZENS,
"We all approve the fentiments, and are daily repeating
❝ the words for which theſe our refpectable and valuable
« brethren are thus unjustly and inhumanly fuffering.-We
"too affociate in order to obtain a fair, free, and full:
1. repre-
«fentation of the people in a houſe of real national repre-
"fentatives. Are we alfo willing to be treated as felons for
"claiming this our inherent right, which we are determin-
"ed never to forego, but with our lives, and which none
"but thieves and traitors can wish to with-hold from us ?
"Confider it is one and the fame corrupt and corrupting
* influence which at this time domineers in Ireland, Scot-
"land, and England; can you believe that thofe who
"fend virtuous Irifhmen and Scotchmen fettered with fe-
"lons to Botany Bay, do not meditate and will not attempt
"to feize the first moment to fend us after them? or if we
"had not juſt caufe to apprehend the fame inhuman treat-
❝ment, if inſtead of the moſt imminent danger, we were in
perfect ſafety from it, fhould we not difdain to enjoy any
liberty or privilege whatfoever, in which our honeſt Iriſh
and Scotch brethren did not equally, and as fully participate
"with us? Their caufe then, and ours is the fame; and it
« is both our duty and our intereſt, to ſtand or fall together.
The Irish Parliament, and the Scotch Judges, actuated by
the
66
१
'
?
1
1
t 96 1
the fame Engliſh influence, have brought us directly to
"the point. There is no farther ftep beyond that which
"they have taken; we are at iffue. We must now chufe at
<<
*C
once, either liberty or flavery, for ourſelves and our poſte-
rity,Will you wait till barracks are erected in every vil-
"lage, and till fubfidized Heffians and Hanoverians are u-
pon us?
"You may aſk perhaps by what means fhall we ſeek
" redrefs?
દ
"We anfwer, that men in a ſtate of civilized fociety are
"bound to feek redrefs of grievances from the laws, as long
"C as any redreſs can be obtained by the laws. But our
common maſter whom we ferve, (whofe law is a law of
"liberty, and whofe fervice is perfect freedom) has taught
"us not to expect to gather grapes from thorns, or figs
"from thiſtles. We must have redreſs froin our own laws,
"and not from the laws of our plunderers, enemies and op-
"preffors.
65
"There is no redrefs for a nation circumftanced as we
are, but in a fair, free, and full reprefentatation of the
"people. Refolved, that during the enfuing Seffion of Par-
"liament the General Committee of this fociety, do meet
CC
daily for the purpoſe of watching the proceedings of the
Parliament, and of the adminiftration of the Government
"of this country; and that upon the first introduction of
bill or motion inimical to the liberties of the peo-
"ple, fuch as, for landing foreign troops in Great Britain
❝or Ireland, for fufpending the Habeas Corpus act, for
66
any
proclaiming Martial law, or for preventing the people
"from meeting in focieties for conftitutional informa-
❝tion, or any other innovation of a fimilar nature, that in
any of thoſe emergencies, the general Committee ſhalk
«iffue fummonfes to the delegates of fuch divifion, and alfo
"to the fecretaries of the different focieties, affiliated and
&c
correfponding with this fociety, forthwith to call a gene-
"ral Convention of the people to be held at fuch place
* and in ſuch a manner as fhall be ſpecified in the fum
66 mons
( 97 )
mons, for the purpoſe of taking fuch meaſures into their
"confideration.
"Refolved, that the preceeding addrefs and refolu-
"tions be figned by the Chairman, and printed and pub-
"liſhed.
1
J. MARTIN, Chairman.
"T. HARDY, Secretary.
Mr Hamilton. You faid you took notes upon fome of
thefe occafions?
A. Yes, I did.
Q. Is it ufually allowed to do fo?
A. No, it is not. I have occafionally gone and put
them down in a Coffee-houſe.
Q. What was the occafion of your taking notes?
A. I was introduced into the fociety, when I went away I
made theſe memorandums.
Q. Did you communicate them immediately?
A. Not immediately. I was fent for to the Secretary's
of State.
Q. Did you ever take any notes of any thing in any other
meeting?
A. Not in convivial meetings. I.conceived in fuch meet-
ings there was not fuch neceffity.
Q. Did you think any thing important enough for your
taking thofe notes?
A. I did. I thought the intent was a Parliamentary re-
form,`but it occurred to me they had very different objects.
Q. Why did you remain in the fociety when you found
their intention to do fo?
A. I thought I should be ready, if called upon, go give
notice of what they faid concerning the reprefentation in
Parliament.
Q. Did you mean to quit the room when you found
their objects not fo bounded?
A. I did not, by any means, join in their fentiments and
opinions.
す
​N
( 98 )
;
!
{
Q. But you went there?
A. I did.
Q.
Why?
A. I faid before, partly for amufement, and partly incli
nation.
Q.To whom did you communicate this afterwards?
A. I never did to any body, till called upon by a man-
date from the Secretary of State's orders.
Mr Anftruther.He was taken up by a Secretary of
State's Privy Council warrant.
Mr Hamilton. Have you been ferved with a writ of Sub-
pœna, to give your evidence here?
A. No.-I did not receive a Subpoena, I was inftructed
to come here.
Mr Hamilton.-The Court will take notice, this witneſs
is not here by any legal authority.
Mr Anftruther-What does that fignify? I produce my
witneffcs, thofe that will come voluntarily, I take them, if
they will not come fo, I fubpœna them if they are within
the juriſdiction.The judges know, every witnefs from
England to Scotland muft come voluntarily, there is no
mode of compelling them. Q.-Who did you come with?
A. I came down with Mr Gurnell.
Q. Who is Mr Gurnell?
A. He is a meffenger.
Q. Mr Taylor, you ſay you took thoſe minutes for your
own information ?
A. Yes.
Q. Had you any other reaſon?
A. No.,
A.
,
But after you had been before the Secretaries of
State you took notes?
A.
No.-I never attended them at all afterwards.
Mr Hamilton.-Had you any other motive in taking
thofe notes?
A. None at all, but only to fpeak to the point, I had no
intereft in it but inclination.
1
ن
!
+
( 99 )
EDWARD GOSLING Sworn.
Mr Dundas, Q. What is your profeſſion?
A. I am clerk to Mr Wickham.
Q. Who is Mr Wickham ?
A. Mr Wickham is a magiſtrate in London.
Q. Was you prefent at the meeting of the London corref
ponding fociety at Chalk Farm in April laſt?
A. Yes, I was.
Q. Did you hear any refolutions read there?
A. I did.
Q. By whom?
A. A man, I was informed whofe name was Richter.
Q. Look at theſe, and fee if they are the fame you have
heard read?
A. No, theſe are not the fame.
Q. Look at them.
A. Theſe appear to be the fame refolutions; I had a copy
Similar to this afterwards at one of thofe divifions.
Q. Who gave you a copy?
A. I had it from that divifion from one Hillyard.
Q. You attended thofe divifions afterwards?
A. I have, Sir.
Q. What was the ftyle of converfation generally at
thoſe divifions ?
A. In general there was lefs faid at the divifions than in
private converſations, but on the night following the 14th
of April it was the meeting at Chalk Farm; on Tueſday
after I had attended one of the divifions-I heard it was
their intention to arm in the fame manner as they had done
in Paris.
Q. Repeat that again.
A. I underſtood that there was a Convention to be cal-
led, and it was the deſign of the ſociety to arm themſelves
for the purpoſe of protecting that affembly in the fame
manner the French affembly have been protected by the
people of Paris.
?
N✩
Grof's
(100)
,
Grofs Examined by Mr Hamilton.
QWhere was it you heard theſe converfations?
A. At the houſe of Holt that keeps a houfe in Northamp
ton Street.
Q. How many might be prefent?
A. I cannot tell exactly; there might be thirty, there
was no fuch converfation as that at the general meeting of,
the divifion at Chalk Farm; it was the following day after
the meeting of Chalk Farm.
Q. It was a meeting in private, of two or three people?
A. No, it was a regular meeting of the eleventh divifion
of the London Correfponding Society.
here?
Was you ferved with any writ to give your evidence.
No anſwer.
Q. Have you been fubpœna'd?
A. I did not receive any thing, I came down at the de-
fire of the Solicitor of the Treafury.
Q. How long was you a member of this Society?
A. I became a member the day after the meeting of Chalk
Farm.
What was your intention of belonging to it?
A. It was on account of the curious language I heard
held at Chalk Farm.
Q. Was you not a member of that Society before you
was at Chalk Farm?
A. No, I have not.
A
Q. How came you to be there ?^
#
A. I met with a friend of that Society I knew, I dealt in
books with him, and I was fo taken with the diſcourſe of
the meeting, I intended fome days before to be a member
of the Society.
Mr Erskine. Did he tell you they held conftitutional-
language. You fay, they held curious language, and you
was ſo charmed, you intended to belong to the Society?
Mr Hamilton. Was it your intention to go into the So-
ciety, to fee what they had to ſay?
A. I
1
:
A. I did not, Sir.
( 101 )
Q. When did you leave the Society?
A. The term I paid was up at Midfummer. I did not
attend their Society afterwards.
Q. Did you give information relative to the proceedings
going on there?
A. I mentioned the circumſtance to Mr. Wickham, as I
thought it my duty.
Q. How frequently have you been 'at thofe Societies, and
how often did you give information of what paffed ?
A. I cannot exactly fay, I generally attended the divi
fions once a week.
Q. You gave information of what took place?
A. Yes.
Q. Did he prefcribe any rule of conduct to you, how to
act in future?
A. He did not fay any thing particularly, whether I was
to continue in it or not, he obferved ſo far, if there was any
thing dangerous going forward, I was to communicate it to
him if of a dangerous tendency. I fhould not have done it, if
he had not defired me. I had not an idea when I firſt went
there I ſhould meet with any thing of that kind, I was in-
formed I fhould meet with improvement, and there were
books to be read, and I went there for the purpoſe of ſpend-
ing an hour or two of an evening,
ALEXANDER AITCHISON, Sworn.
Q. Was you a member of the Britiſh Convention ?
A. Yes.
Q. I believe you was Secretary or Sub-ſecretary?
A. I was affiftant Secretary to Mr Skirving.
Q. Did you write the minutes of that Convention?
A. A confiderable part of them.
Q. Will you look at that paper, Mr Aitchifon, and tell
me whether the bulk of it is your hand-writing?
A. The bulk of it is not my hand-writing, a great many
pages of it are my hand-writing, part of it wrote by other
people.
}
Q. Did
1
( 102 )
Q. Did you ever fee that paper before?
A. Yes, I faw it before in this Court, or the Jufticiary
Court, and the Britiſh Convention.
Q. Does that paper, as far as it is of your hand-writing,
contain an account of what paffed in the Britiſh Conven-
tion?
A. I certainly might have made many mistakes in taking
down by hearfay, but to the beſt of my knowledge, it con-
tains the truth.
Q. Who was the Secretary?
A. Mr William Skirving.
Q. Did any body affiſt you in taking thoſe minutes ?
A. Yes, feveral people appointed by the Convention.
Q. Look through the minutes, and tell if you know any
other perſon's hand writing befides your own?
A, I do not recollect any other perfon's hands except
Mr George Rofs.
Q. Lately of the Gazetteer office?
A. Yes.
Q. Was Mr Callendar a member?
A. Yes.
Q. Do you recollect any motion made by him?
A. I recollect feveral motions, but don't recollect any
put down in the minutes.
Q. Do you recollect any amendment made to theſe mo-
tions?
A. I remember well an amendment made on a motion
of Callendar's, which cauſed a good deal of difference of fen-
timent, and a great many different motions
Q. Do you remember that motion being fubmitted to a
Committee?
A. Yes,
Q. Do you remember the members?was Sinclair one?
A. Yes, he was.
Q. Look at that? What is that?
A. Mr Sinclair's amendment of Callendar's motion.
Reads "That the Convention confidering the calamitous
"confequence
(
103 )
"confequences of any act of the legiflature which may
"tend to deprive the whole or any part of the people of
"their undoubted right to meet either by themſelves or by
66
delegation, to diſcuſs any matter relative to their common
"intereft, whether of a public or private nature; and hold-
"ing the fame to be totally inconfiftent with the firſt prin
"ciples and fafety of fociety; and alſo fubverfive of our
"known and acknowledged conftitutional liberties, do
" hereby declare, before God and the world, that we ſhall
"follow the wholeſome example of former times, by paying
"no regard to any act which fhall militate againſt the conſti-
"tution of our country, and ſhall continue to affemble and
"confider of the beſt means by which we can accompliſh
"a real reprefentation of the people and annual election
❝ until compelled to defift by fuperior force.
.6c
"And we further refolve, that the firſt notice given for
"the introduction of a Convention Bill, of a ſimilar ten-
"dency to that paffed in Ireland fince the laft Seffion of
"their Parliament; the fufpenfion of the Habeas Corpus
"act, or the act for preventing, wrongous impriſonment
"in North Britain, and againſt undue delays in trial, which
"will render all the laws for the protection of our lives and
our liberties nugátory, and as fome have avowed their in-
❝tention of introducing a motion for the repeal of one of them,
❝or in cafe of an invafion, or the admiffion of any foreign
་་ troops whatſoever into Great Britain or Ireland; all or
"any of thoſe ſhall be a fignal to the feveral delegates to
"repair to fuch places as the Convention fhall appoint, and
"ſeven members fhall have power to declare the Conven-
❝tion permanent.
“Refolved, that the delegates to any Convention, meeting
"under any of thofe calamitous circumſtances, fhall imme-
"diately repair to the place of fitting, and there continue.
"until their number be twenty-one and then proceed to
• buſineſs.
"The Convention doth therefore refolve, that each de-
legate immediately on his return home, do convene his
" con
( 104 )
conftituents and explain to them the neceffity of electing
*a delegate or delegates, and of eſtabliſhing a fund without
"delay against any of thofe emergencies, for his or their
expences; and that they do inftruct the faid delegate or de-
legates, to hold themſelves ready to depart at an hour's
"warning."
I don't recollect ever having read that paper before, I cer-
tainly have ſeen it, becaufe my own hand writing is on the
back of it.
Mr Solicitor General. Do you recollect a refolution hav
ing paffed of that purport in the Convention?
A. Some amendment of Callendar's motion did paſs,
but whether that is it I cannot fay.
Q. Do you
know whether it was entered in the minutes
of the Convention?
A. I am not ſure.
Q. Whofe hand writing is that?
A. It is Mr Rofs's.
Reads.—“ Citizen Sinclair read the amendments upon
"Citizen Callendar's motion, as agreed upon by the Com-
“mittee, and it was agreed upon the motion of
That the Houfe fhould refolve itſelf into a Committee
for its mature confideration. In the courfe of converfa-
❝tion, Citizen Brown gave a hiſtory of the Habeas Corpus
act; after an excellent difcuffion of the queftion, perti-
"nent remarks and amendments, the Convention was re-
"fumed, and the whole, as amended was read over."
Q. Then, all that appears from the minutes as they ſtand
is there is a refolution of all the members ftanding upon
their legs, which reſolution is blank?
Witnefs. The reafon that page is left blank, is owing to my
coming in at that very time; I remember the circumftance,
it was left that I might fill it in, if not taken notice of
by the other clerks, and therefore it does not appear in the
minutes; that is the truth.
Mr
'
t τός 1
Mr Anstruther. Q. That motion was handed to you
as Sub-fécretary by Citizen Sinclair, and you endorſed it
upon the back?
A. 'I did.
Q. Was you prefent when the Provoſt of Edinburgh came
into the Britiſh Convention?
A. Yes.
Q. Did he diſperſe that Convention ?
A. Yes.
Q. Where did you go to after that?
A. I was told that the Gonvention went down to fome
place in the Canongate.
Q. Where did you go ?
A. I,went home.
:
Q. Where did the Convention meet afterwards?
A. I was not preſent at the next meeting.
Q. Do you know Mr Watt the priſoner at the bar there?
A. Yes.
Q. Was you ever in any Committee with him?
A. I was appointed a member of the Committee of Union
along with him.
Q. When?
A. I think in the month of January laft.
Q. How long was that after the difperfion of the Britiſh
Convention?
A. I think that difperfion happened the beginning of
December, and the Committee of Union was appointed
early in January.
Lord Advocate. State that again.
Mr Anftruther. Was Watt a member of that Commita
tee ?
A. Yes, I think he was.
Q. You have feen him there ?
A. Yes.
Q. What was the bufinefs of that Committee?
A. The bufinefs of that Committee was to preferve cer-
$
tainly
[106]
1
1
tainly an Union among the Friends of Reform, and to cor-
refpond.
Q. For what purpoſes did they meet ?
:
A. I cannot fay, for I gave very little attendance, and very
little attention to the bufinefs.
Q. Did the Friends of the People ever meet?
A. They met occafionally in fome private focieties.
Q. Who fent you to the Committee?
A. It was the Chairman of the Societies No. 1. and 2. of
the Canongate divifion.
Q. About what was the Committee to correfpond?
A. About the Reform propofed by Mr Pitt and the Duke
of Richmond; we never propoſed going further.
Q. Who were the delegates ?
A. Mr Watt was one, Archibald Wright another, and I
had the misfortune to be the third; three of each fociety met.
Q. Do you remember any one you ever faw there?
A. Yes, I have feen Mr Bonthorn, and I have feen Mr
Downie, and I could hardly name you a third perſon out of
the thirty.
Q. Did you ever fee Mr Wright there?
A. I never faw Mr Wright there.
Q. Did you ever hear of a Committee, called a Commit
tee of Ways and Means?
A. Yes.
Q. Was you a member of it ?
A. Yes,
Q. What was the purpofe of that Committee?
A. To raife money.
Q. For what.!
A. To pay our paſt debts.
Q.
Was that the only purpoſe ?
A. Why, in cafe there were future emergencies and fur-
ther demands to anfwer, the purpofe of paying them too.
Q. What were the demands to be?
}
A. It is extremely difficult to ſtate what it was.
attended it but once.
I never
Q. Was
1
!
{
[ 107 ]
Was it for the purpoſe of paying delegates to the Con-
vention ?
· A. I have heard fo at fome occafional accidental meet-
ings.
Q. Where was the Convention to be held?
A. Some where in England, that was the report of the
day.
Q.. Were thofe meetings compofed of the Friends of Li-
berty, not others?
-A. Certainly, Sir.
Q. Who are they you call the Friends of Liberty?
A. Why, it is difficult to aſcertain who are the Friends of
Liberty, a man may be fo one day, and another day in an-
other way.
Q. Who were they?
A. All that profeffed to think as we did,
you
Q. Was that the thing pointed out in the refolution
have juſt read-? You have read the refolution of the Com-
mittee juſt now, about a Convention or meeting of Emer-
gency, about paying the expence of delegates, was that the
Convention?
201
A. I cannot ſay.
Q. Was it the Britifh Comvention, or another?
A. It was another, but it was to be held as a Britiſh Con-
vention, that was the idea.
Q. Was it for the fame objects and purpofes as the Bri-
tiſh Convention?
1
A. Certainly fo.
*
Q. Mr Downie was a member of the Britiſh Convention ?
A. Yes.
Q: Mr Bonthorn?
Q. Yes.
Q. Are you fure of it?
A. I only believe he was. I am not certain.
Q. Did you ever hear where this Convention was to
meet?
A. No, fomewhere in England.
Q 2
3
Q. And
( 108 )
Q: And it was for the fame purpoſes as the Britiſh Con-
vention met laſt year ?
A. The fame purpofe as William Pitt and the Duke of
Richmond had before.
Q. Was it or not for the fame objects as the Britiſh Con-
vention ?
A. The Britiſh Convention had the fame object in view
Pitt and the Duke of Richmond had twelve years ago, and
they meant, if ever they met, to follow no other plan.
Q. I want to know whether you have ever heard any con-
verfation about arms ?
A. Never in any of thefe Committees.
Q. Did you ever hear any elſewhere ?
A. Yes, I have in occafional accidental meetings out of
doors, among people not connected with the Britiſh Con-
vention or thoſe Committees.
Q. What were the converſations, and with whom?
A. I cannot condeſcend upon a fingle individual, I had
converſation. with ſo many.
Q. Can you fwear that?
A. I certainly can fwear that I have heard it ſpoke a
dozen years ago, when Pitt's reform was firſt ſpoke of. I have
heard it ſaid no fuch thing could be done without a convul-
fion, and without arms.
Q. Did you ever hear it ſix months ago, or nine months ?
A. No, neither eight or nine.
Q. Did you ever ſee a pike?
A. I have feen a pike in George Rofs's houſe.
Q. Did not a Committee of Union meet there?,
A. It was not in their hearing nor any, of the members.
Q. Did you ever fee a pike in George Rofs's houfe ?
A. Yes.
Q. Did you ever fee more than one?
A. Two.
Q. When was that?
A. On a Saturday evening, in poffeffion of half a dozen
}
A
blackfmiths,
[ 109 ]-
blackſmiths, whofe names I do not know.-George Rofs
was not prefent.
Q. What fort of pikes were they?
A. They were fomething like the head of a halbert.
Q. Now, did the Committee of Union meet at George
Rofs's?
A. No.
Q. Did the Committee of Ways and Means meet at
George Rofs's?
A. Yes.
Q. Now, I aſk you, whether you ever heard any con-
verfation about pikes manufacturing in Edinburgh, for the
purpoſe of arming the Friends of the People?
A. I have heard it out of doors, perhaps at the Croſs.
Q. Did you ever hear fuch converſation any where elſe?
A. Upon my great oath, I cannot fay who ſpoke it.
Q. Did you ever hear ſuch converfation?
A. I have.
Q. For what purpoſes were they to arm?
A. There were various purpoſes mentioned.
Q. What were they?
A. I remember, when Earl Stanhope mentioned, in his
fpeech in the Houfe of Peers, it was the duty of the people
to have arms, he urged it, as a duty incumbent upon Bri-
tons, to be armed, to defend themſelves in cafe Liberty was
to be attacked.
Q. For what purpoſe were they to have arms?
A. Very different purpoſes.-I have heard fome ſay,
they would take up arms againſt the French, as well as Ha-
.noverians or Heffians. In all mixed bodies there are people
of different opinions.
Mr Hamilton-My Lord Prefident, I fhall trouble your
Lordship with but one obfervation, I do it with a view
of making this proof as ſhort as it poffibly can be, and juſt
fubmit to your Lordship's opinion, that all this man has
been ſaying about arms, is nothing to the purpofe; for what
is it It is merely rumour, he talks of fome propoſal, but
does
[ 110 ]
1
does he fay it is about a rifing of any body or fet of `men?
It is improper to bring forward fuch evidence to ſubſtantiate
any one charge in the indictment, or to prove the overt acts.
It proves arms were provided to be put into divers peoples
hands, but is it proved that this gentleman attempted to put
them into any one's hands? this witneſs fays, he has
heard this only from people of no defcription whatever.-
It is not, therefore, fuch evidence as can be brought forward
to fubftantiate the fact.
>
Mr Anfiruther.-I ſhall examine him as to any conver-
fation among the Friends of the People, with reſpect to
arms; whether I fhall bring that home to the priſoner is a-
nother queſtion, but I muſt be permitted to go on with my
examination, in order to make it evidence, if it can be
made evidence.
Mr Hamilton.-Such kind of converſation as this man
heard, is not evidence.
}
COURT-Does Mr Hamilton mean to object to the com-
petency? aye or no.
Mr Hamilton.-I object to the competency.
LORD PRESIDENT.-The anſwer to the queſtion may be
very infignificant; I fhall think it my duty to fay fo to the
Jury, if it be fuch as Mr Hamilton, has defcribed it, nothing
more than report; but ftill the queſtion may be put.
Mr Anftruther. The objection goes to the effect of the
evidence; at preſent, I have not made any thing of arming
againſt Mr Watt; I will, if I am allowed to go on.
COURT.-Go on with your examination.
Mr Anftruther--Q. (To Mr Aitchifon.) You will recol-
lect you are upon your oath, and you know the confequences
of being fo. I therefore defire, you would diftinctly and
explicitly answer the queftions that are put to you. I afked
you before, whether you had ever heard, among the Friends
of the People, any converfations, about arms; you have told
me, there were different opinions upon the fubjc&t; and told
me, one ſet ſaid they would as readily arm againſt a French-
man
[ III ]
man if he came here, as againft Heffians or Hanoveriana; I
want to know what the others faid.
A. The opinion of others was, that we ſhould arm in fa-
vour of Liberty, but we never came to a ſpecific refolution
upon that fubject.-I beg pardon.-I think it hard, that I,
who was not allowed to give opinions upon the former pro-
ceffes, fhould now be obliged to give them, when the opini-
ons are ſtated for facts: you afk people for opinions over
a pot of porter or glaſs of whiſky, to criminate people. I
never ſpoke upon the ſubject to theſe two prifoners.
LORD PRESIDENT.-That is not the queſtion; the queſti-
on is, whether you heard, in any of theſe meetings, any
thing faid of reafons for putting arms in the hands of the
Friends of the People, and what they were; you have been
giving an account of different reaſons, and one reaſon you
affigned, as given by fome perfons, was, that they might be
uſed in ſupport of Liberty.
A. Certainly, that I have declared.
Mr Anftruther —You recollect, when I am afking what
another man faid, I am ſpeaking to a fact.-1 afk who were
the perfons you had that converſation with?
A. As I am to anſwer at the great day, I cannot answer
to any fingle individual.
Q. Were there many of them?
A. Not above five or fix, at the time of the accidental
meetings.
Q. How often did thef. converſations happen ?
A. I cannot fay.
Q. Did they happen more than once or twice?
A. The public news of the day, the proſecutions againſt
the parties; every thing brought the converfation on the
board. If a man is known to be attached to Freedom at
all, he is aſked his opinion.
Q. Was you ever prefent, at the meeting of the Sub-
Committee, or Committee of Ways and Means, with Mr
Watt ?
A. Never
i
}
A. Never but once.
[112]
لا
Q. Now, upon your oath, what was the converfation then
held in that committee?
A. Upon the oath, as I fhall anſwer to God at the great
day, I cannot tell a word of it, it was merely preliminary.
Q. What do you mean by preliminary?
A. Juft talking over a pot of porter; we muft meet this
day week; we mult do fomething.
Q. What was it you were to do?
A. I cannot tell you, this was in company with ſeven
people, of whom I was one. I never met with them again.
Lord Advocate.-About what time of the year was this
only meeting you had with Watt?
A. When the committees were firſt appointed.
Q. About what period was that?,
A. About the beginning of January?
Mr Anftruther. Q. Was you never at a meeting of the
Sub-Committee, but at the beginning of January?
A. To the beſt of my knowledge and belief, I never was.
Q. Had you any converfation with the members of that
Committee refpecting the buſineſs that was to come before
them?
A. Not that I recollect.
Q. You had better recollect yourſelf.
A. No.
J
Q. Was you ever in Mr Watt's houſe?
A. Yes.
Q. Had you ever any converſation with Watt in his houfe &
A. Yes.
Q. Was it before or after the meeting of that Commit
tee?
A. I cannot fay.
1
Q. What converfation was it you had with Mr Watt ?
A. Upon the news of the day.
Q
What was the news of the day?
A. I cannot recollect; is a man obliged to recollect an
accidental converfation over a diſh of tea a year after?
Q. Do
( 113 ]
B. Do you recollect or not recollect?
A. I do not recollect.
Q. And you fay fo upon your great oath
A. I certainly do.
Q. Was any thing faid about arming?
+
A. I believe that was about the time Lord Stanhope's
fpeech was made in the Houſe of Peers.
LORD CHIEF BARON. I wish you to fay nothing againſt
the priſoner that is not founded in fact, but, Sir, if it be found-
ed in fact you are called upon, and you are now in the
prefence of God, to anſwer the truth, let the confequence
be what it may. I afk you to the beſt of your memory,
had you any converſation with the priſoner about pre-
paring arms, or any thing to that purpofe when you was with
him?
A. My Lord, neither your Lordſhip nor any perſon in
this Court need inform me of the nature of an oath, I am
not an atheist, not one of French principles. I know we
thall all ſtand up at the great day of God, and this oath warns
me to beware of faying what is not the truth, and whether
it hurts me or the priſoner at the bar, I fhall fpeak the
truth; if you will take the trouble to repeat the queſtion, Ì
will answer it.
LORD CHIEF BARON. Do you remember when you was
with the prifoner having any converfation with him about
preparing arms or ufing arms? if you recollect any thing
however trivial it may be, you are bound to ſpeak it out.
A. I can recollect none, not a ſingle circumſtance, but
that Mr Watt faid fomething of importance would foọn
be upon the carpet.
Q Nothing mentioned about arms?
A. No, only about Lord Stanhope's fpeech, and the news
of the day.
Q. Did you fee, any arms, any pikes, or any things of
that fort in his houfe.
A. I never did.
t
P
+
Q. Did
1
[ 114 ]
Q. Did he mention any thing of any pikes being in his
poffeffion?
A. He never did.
Mr Anftruther.Q. You have told the Court and me
that you have had converfation with Mr Watt upon the
news of the day; it is impoffible for me or the Court to
know what that converfation was, if you will not defcribe the
purport of it; but tell me what converfation you had with
Mr Watt upon the occafion?
Witness. It is a very ftrange queſtion.
Q. What was the news of the day?
A. It was Lord Stanhope's fpeech in the House of Lords.
Q. What was faid about it ?
A. That certainly Lord Stanhope had ſtood up for the
rights of Britons which had been too much infringed upon.
Q. What more
A. I cannot recollect.
Q. Upon what occafion was it that Watt faid fomething
of importance was upon the Carpet?
A. It is very extraordinary that fuch a tea-table difcourfe
fhould come in queſtion.
Q: Did he mention the Carpet, that fomething of impor
tance was upon the Carpet?
A. Or words to that purpoſe, is it poffible for a man to
remember every word? I have told you the word Carpet,
but that perhaps was not afed by Mr Watt.
Q. Before whom was it to be brought upon the carpet?
A. Before the public, before the world certainly.
Q. Who was to bring it before the world?
A. I cannot anſwer.
LORD PRESIDENT., The words I took down are that Watt
faid fomething of importance would foon be upon the car-
pet, or words to that effect; did you fay fo?
A. Yes.
Mr Anftruther. Q. I think you abfented yourſelf from
the meeting of the Committee?
A. Yes.
Q. I want
1 115 1
Q. I want to know what was your reafon for it?
A. Here again my opinion is afked; put your queſtion
again.
•
-Q. You abfented yourself from the meetings of the Com-
mittee, I want to know your reafon for abfenting yourſelf
from that Committee.
LORD PRESIDENT. The queftion is what reaſon was there
for you to leave it?
A. Is it neceffary upon a trial for life and death to ſtate it?
Mr Anftruther. State the reafon for your leaving that'
Committee,
A. I heard in feven or eight days afterwards, there
was to be fomething important done, or acted upon pu-
blickly. I heard there was to be fecret business before the
Committee, and from that day forward I never attended the
the Committee.
Mr Anstruther. You heard from Mr Watt that important
buſineſs was foon to be upon the carpet, and you heard a re-
port out of doors that fome important fecret bufinefs was to
be before the Committee?
A. I heard that, and the converfation I had with Mr
Watt was three months afterwards.
Q. With whom had you the converfation about the fecret
buſineſs, that was to come before the Committee?
A. I could not tell you if my life were depending upon it.
Q. Do you fwear that?
A. I do.
Q: You fwear that you don't know the perfons from
whom you heard that fecret buſineſs was to come before the
Committee?
.
A. I folemnly swear that.
}
Q. Did you ever afk any of the members of the Commit-
tee whether that was true or not?
A. I never did. I have already affigned my reafon, I
wifhed whatever concern I had with public reform, it fhould
be open and fair, and not fecret bufinefs.
P 2
Q. How
1
F
116 3
1
(
Q.
How did you know there was to be fecret buſineſs if
not informed by the members of it?
A. I took it for granted.
COURT. Did you afk Mr Watt what that bufiaefs of
importance was?
A. No.
Q. Did you underſtand it from him ?
A. I did not.
LORD PRESIDENT. You faid firft that fome fecret bufi-
nefs was to be before the Committee, and then faid you
heard it out of doors?
A. Yes.
Q. I think you faid afterwards you heard it from one of
the Committee?
A.. No.
集
​Mr Anftruther, Then I defire you to answer me upon
path, and take care of the anfwer you give this queſtion,
whether you have not given a different account of your con-
verfation with Watt, and your reafon for leaving the Com-
mittee from what you have now given?
A. I cannot recollect, but this is the folemn truth I de-
clare upon oath.
Q. Anfwer me this queftion,-do you fwear you never
gave a different account of this converfation at another place?
A. To the beft of my recollection I did not, and con-
fiftent with truth I could not, becauſe it is not
was to be guillotined for it I will ftand by that.
true; if Į
Mr Erskine, In arguing every branch of this caufe, wa
muſt feel ourſelves under very great difficulties, becauſe we
are on the inſtant obliged to refort to a law, of which, till
this profecution, we knew nothing. The queftion put by Mr
Anftruther is undoubtedty not competent by the law of
Scotland, and accordingly we are told every day in the Court
of Justiciary, if we attempt to shake the teftimony of a wit-
nefs by showing a difcrepancy on former occafions, that
fuch queſtions are not pertinent to the iffue, as he has bound
himſelf by his folemn oath to ſpeak the truth. My acquain
tance
ว
( 117 )
tance with the law of England has been ſhort and imper-
fect, but I am fatisfied it concurs with ours.
Mr Anftruther. I underſtand Mr Erfkine's objections to
be grounded on the law of Scotland, by which I underſtand
a witnefs has a right to have his examination before the
Magiſtrate deſtroyed before he gives his evidence. By the
law of England he has no fuch right; he may be indicted
for perjury upon it, and I have a right to make ufe of every
information I can gain from it.
LORD PRESIDENT. I certainly was under a difficulty with
reſpect to this matter, for judging by our own practice, I
fhould have conceived it to be as Mr Erfkine has ftated it.
I believe the practice in Engiand to be different in this par-
ticular. But I with the King's Counfel to confider whe-
ther it would not be right to abſtain from queſtions, which
are exceptionable according to cur ideas.
Mr Anftruther. I have ſtated what I take to be the law
of England, but ſhall implicitly follow your Lordship's wiſhes
upon the fubject. I muſt ſay this witneſs has given his evi-
dence in a manner that does not entitle him to much atten-
tion from the jury.
MR BARON NORTON. In general no witness is attempted
to be difcredited by his own Counſel.
Mr Anftruther. I thought it neceffary to bring him to
this point, that the jury might fee exactly the character of
the witneſs.
Mr Hamilton. I fubmit My Anftruther is not competent
to ſpeak upon this matter now; the Lord Advocate will
fum up the evidence upon the part of the Crown, but now
he is anticipating a part of the charge, and ftating that the
witneſs is not to be attended to.
COURT. If you can fay he has given any thing favour-
able to you, you may have the benefit of it; but, ſays Mr An-
ftruther, I have brought him forward to prove my indict-
evidence, I place
ment, but from the manner he gives his
little reliance upon him.
Mr
{
[ 118 ]
Mr Anfruther. The Counſel for the prifoner are en-
titled to make any uſe they think proper of the evidence of
this witneſs, but I fhall not defire the jury to pay much at-
tention to any thing he has faid unleſs he is confirmed by o-
ther witneffes. We fhall now read part of the minutes of
the Britiſh Convention.
Lord Advocate. It might fave the Court and jury fome
time, if it was reſerved for me to quote from the minutes
of the Britiſh Convention thoſe parts which appear to me to
eſtabliſh a charge, as I am to ſpeak laſt.
COURT. If you are to fpeak laſt, and do not now tell
the jury what you mean to lay hold of, you have an advan-
tage-you have proved thefe minutes to be the minutes of
the Convention, and you ought to read them.
(The Clerk of Arraigns read the paper.)
ft days Sitting, 19th Nov. 1793.
Mr Dundas. There was a previous meeting before.-Look
farther, you will fee Mr Margarot moved, "That previous
"to publiſhing an' addrefs to the public, a Committee be
"forthwith appointed to confider the means, and draw up
"the outlines of a Plan of General Union and Co-opera-
<tion between the two nations in their Conſtitutional purſuit
of a thorough Parliamentary Reform," which was unani-
"moufly agreed to.”
2
GEORGE ROSS Sworn.
Lord Advocate. Look at thofe papers; do you fee your
handwriting there.
#
A. There is part of mine here--this is my hand writing
dated 28th Nov. 1793,-fome parts are mine.
(Part
[ mg ]
(Part of that paper read as follows ;)
Citizen Sinclair read the amendments upon Citizen
← Callendar's motion as agreed upon by the Committee, and
"it was agreed upon the motion of Citizen
that
"the Houſe reſolve itſelf into a Committee for its mature
confideration. In the courfe of the converfation, Citizen
"Brown gave a hiftory of the Habeas Corpus Act.-After
"an excellent difcuffion of the queſtion, pertinent remarks
" and amendments, the Convention was refumed, and the
whole, as amended being read over, the members ftood
"upon their feet and folemnly and unanimoufly paffed the
"reſolution as follows:
(Here a page left blank).
"Citizen Gerrald, in an energetic and animated addreſs,
"expreffed his happineſs at the motion paffed, and expof-
"ed the act of the Irish Parliament, called a Convention
"Bill.
6t
"And Citizen Brown followed him in a manly speech,
and proved the influence of the Executive Government
over the Parliament. Citizen Margarot read and pro-
pofed the following motion, viz. That a Secret Commit-
"tee of three and the Secretary, be appointed to deter-
«mine the place where fuch Convention of Emergency
"ſhall meet, that fuch place fhall remain a fecret with
"them and with the fecretary of this Convention, and that
"each delegate fhall, at the breaking up of the prefent
"Seffion be entrusted with a fealed letter containing the
"name of the place of meeting-this letter fhall be deliver-
"ed unopened to his conftituents, the receipt of which
"fhall be acknowledged by a letter to the fecretary, pre-
"ferved in the fame ftate until the period fhall arrive
"at which it fhall be deemed neceffary for the delegate to
"fet off. This motion was feconded by Citizen Moffatt,
and the fame was paffed unanimouſly.
*
*
* The
દ
( 125 )
"The following Citizens were nominated, with the fecre-
tary, a Secret Committee on this bufinefs, viz. Margarot,
«John Clark and Brown; and they were requeſted to
"deviſe the beſt poffible means of conveying this intima-
“tion to thoſe ſocieties whofe views were the fame with
"ours, but may not have delegates at this Convention."
Lord Advocate. Q. Do you know the priſoner at the
bar?
A. Yes, Sir.
Q. When and where did you know him?
A. It is not long fince. I am not, intimately acquaint-
ed with him. I have ſeen him. fometimes in my houſe.
Q. At what particular period did you firſt fee him in
your own houſe?
A. Í think about the beginning of this year or the end
of laſt year.
Q Pray, Sir, do you know any thing of a Committee
of the Friends of the People, who were reprefented in the
Britiſh Convention, meeting in your houfe after the dif
perfion of that Convention?
A. Yes. I understood a Committee of the Friends of
the People met in my houfe.
Q. About what period?
A. About the period I mentioned before.
;
Q. Does it confift with your knowledge that Watt was a
member of that Committee?
\
A. I have heard that Mr Watt was a member of that
Committee, and feen him meet with other people at my
houſe, but I never was prefent at any fociety who made
choice of him, and never was preſent at the Committee my-
felf.
Q. Do you remember any others that met at the fame
time with Mr Watt?
A. Yes.
Q. Give their names.
A. Mr Orrock, Mr M Ewan, and Mr Downie.
Q. Where does Orrock live?
Á.
争
​( 1-21 )
A. At the Water of Leith.
-Q. What is McEwan
No anſwer.
Q. Have you feen them together
A. To the beſt of my knowledge, they did meet together,
Q. Do you know what the name of that Committee was?
A. I underſtood it was a Committee of the Friends of
the People, I never knew any other name.
Q. Did you ever hear any other name mentioned ?
A. I cannot fay; it had fome particular name, whether
it was this or not, I do not know-it was called a Com-
mittee of Union, this I heard of at that time.
Q. When thote perfons affembled at your houſe, did
they go into an apartment by themselves?
A. They did.
Q Did you ever hear or know of any inferior or fubor-
dinate Committee Meeting at your houfe, other than the
Committee of Union?
A. I cannot fay whether there were one or two Com-
mittees, as far as I recollect, I thought there were two,
they met at my houfe, as if there were two, or that part of
them belonged to each.
Q. If there were two Committees, were they compofed
of the fame condition of perfons or focieties, or were they,
the fame individual perfons?
A. I mean the fame perfons.
Q. You must explain it.
A. A part of thoſe who compofed one Committee, com-
pofed the other.
Q. Were the whole of thoſe perfons members of both
Committees ?
A. I am not certain whether they were two Committees
or not, but I know there was fewer of them met at one
time, and a greater number at another.
You fav they began to affumble about the beginning
of the year at your houſe. How long, and how often did
they continue to do fo thereafter?
+
рад
A. Sometimes
2
[ 122 ]
A. Sometimes they met once a week, and ſometimes not.
Q. When did they diſcontinue their meetings, ultimate-
ly and finally?
A. I don't know, I left Edinburgh myfelf, fome time
ago, and before that there had been a meeting.
Q. Had Watt been apprehended before you left Edin-
burgh?
A. Yes.
Q. Downie the fame?
A. Yes.
Q. Had M'Ewan?
A. I cannot fay.
Q. Did thofe men continue to meet, from the beginning
of the year, till the arreft of Downie and Watt?
A. Yes. As far as I can recollect, there were meetings
previous to their arreſt.
Q. A fhort time before?
A. Yes. I think there were.
Q. Now, Sir, you was a member of the British Conven-
tion?
}
A. Yes, Sir.
Q. Were all or any of thoſe you faw at your houſe at
that time, members of that Convention?
A. I don't think Watt was.
Q. Was Downie ?
A. Yes. I think he was.
Q. Was M Ewan ?
A. Yes. I think he was.
Q. Do you recollect the names of any other perfons who
appeared to be members of the Convention, who attended
your houſe, at the fame time Downie did?
A. Yes. I believe one Bonthorne.
Q. What is he?
A. I believe a teacher.
QAny other perfon?
A. I am not fure whether Mr Aitchifon was not one of
>
them.
A
Q. Da
2
}
[ 123 -]
Q. Do you know a perfon of the name of Stock?
A. Yes.
Q. Did he attend the above meetings in your houſe,
much about the time that Watt, Downie, Bonthorne, Or-
rock and M'Ewan attended?
A. Yes. I have feen him twice or thrice there.
Q. After the difperfion of the Britiſh Convention, does
it come within your knowledge, that the focieties of this
city, who fent delegates to that Convention, continued to
meet?
་
A. I believe two focieties did:
Q. Who were they?
A. One on the ſouth fide of the town, and the other at
mmy houfe.
Q. Do
you know a place called Symon's Square, on the
fouth fide of the town?
*
A. Yes. It was there the fociety met.
Q. Was you ever prefent at any of their meetings?
A. Yes. As the fociety which met at my houſe gave up,
very few having come to it.
Q. Did they continue to meet there, while the trials of
Gerrald, Skirving, and Margarot were pending?
A. I cannot answer the queftion put in that way.
Q. From the time Skirving was tried, to the 10th of
March, when Gerrald was tried, did the Symon' Square
Society continue to meet ?
A. I cannot fay.
Q. Upon thofe occafions, when you were there, what
numbers met?
A. The room might be full,-it was a fmall room.
Q. What number might be there?
A. I dare fay, when very crowded, there might be per-
haps, fixty or ſeventy people.
1
Q. Do you know a perfon of the name of Hardy, in
London?
A. I have wrote to him:-I don't know him, I have
wrote to him once.
}
Q 2
Q. When?
¿
[124]
་
Q. When?
*
A. I believe it might be about the end of last year, or
beginning of this.
R
Q. Pray, Sir, did Mr Hardy ever tranfmit to you, fince
the beginning of this year, any package, papers, or letters,
which he defired you to circulate?
A. No. He never did.
Q. Did you ever receive any letters or papers of that de
fcription, with the fignature of Hardy to them?
A. Yes. I recollect fome printed letters, figned T. Hardy.
Q. What time of the year did you get thefe?
A. I fuppofe about February, or March, or April.
Q. How did you receive them, and from whom?
A. If I recollect properly I think it was Mr Stock gave
them me.
Q. What did you do with thefe letters?
A. I fent fome of them into the country, as the letter
feemed to indicate its purpofe.
Q. How many might there be?
A. About half a dozen I fent in that mantier.
1
Q. To whom did you think it your duty, and did you
actually ſend them?
A. I fent them to the members of the different focieties
of the friends of the people in the country?
Q. Do you recollect any town or particular perfon in that
town, to whom you fent that letter?
A. I fent one to Perth, one to Paiſley, one to Strathaven,
and I think one to Dundee.
}
Q. Do you recollect to what particular perfon you ad-
dreffed that letter to Perth?
A. I am not very certain whether it was to Sandilands or
to Walrer Miller at Perth. He was fhewn the printed let-
ters here and interrogated about the hand-writing on the in-
fide of it, before he was afkeď about the direction on the
back.
Q. Whofe hand-writing is it upon the back?
A. It is mine alfo.
Q. Do
$
£ 125 ]
✪. Do you believe that to be one of thoſe received from
Stock?
A. I fuppofe I received it among the reft.
QYou fay you fent one to Paifley, do you recollett who
you fent it to?
A. I do not.
Q Do you recollect to whom you fent it to at Strathaven,
A. To James Wilſon, I think.
Q. And you fent it by poft?
A. Yes, I fuppofe I did.
Q. You did not fend a private hand with them?
A. No.
Q. Do you recollect to whom you addreffed one to Dun-
dee?
A. I do not.
Q. Do you recollect any other towns you fent that pa-
per to?
A.. I do not recollect at prefent.
Q. Doyou know a man of the name of Fairley, a cabinet”
maker ?
A. Yes.
Q. Was he a member of that Committee?
A. I am not certain if he was.
Q. Do you know, or did you ever hear in any conver
fation among the friends of the people, or thofe focieties, of
an intention of arming about that time?
A. No, I did not.
}
Q. Had you any occafion ever to fee any arms in the
hands of the priſoner, or any other member of the focieties?
A. No, I did not.
Mr Anftruther. We fhall read the letter and another let
ter found in the poffeffion of Hardy.
Crofs Examination.
Mr Erskine. Q. Have you not faid, Watt was not a
member of the British Convention?
A. No, Sir.
Q. You
[ 126 ]
Q. You talked of two focieties, one at your houfe the
other at Simon Square, was he a member of either?
A. I dont know that he was.
Q. The British Convention began in October I believe?
A. About November.
Q. When was it difperfed?
A. It was about the beginning of the laſt year.
Q. Do you know whether all their proceedings were in-
ferted regularly in the papers?
A. They did appear in the public papers.
Q. Juſt ſo, and there was no other public intimation given
of any of the proceedings of any of them?
64
A: No.
(Letter read.)
<< FELLOW CITIZENS,
"The Society in Strathaven received your circular letter
"ſome time ago, reſpecting another Britiſh Convention to be
"held in England, and finding it would be inconvenient for
"them to fend a delegate for themſelves alone, the cauſe
"being much fuppreffed here by profecutions, which we are
fubject to from the petty Sheriffs in our neighbourhood-
"We have united ourſelves with the Societies in Kilmar-
"nock, Galfton, Newmilns, and Dervill; accordingly a
"meeting of delegates from theſe ſocieties, and that in Stra
"thaven was convened on the first current, when the mea-
"fures met with the fulleft approbation, and a delegate
"was elected for the general Convention, and a fecret Com-
"mittee appointed to conduct the bufinefs; you will there-
"fore forward your orders to us, when and where the
"Convention is to meet with any other inftructions or in-
"formation you may judge neceffary, we fhall inſtruct our
"delegate refpecting the number and ftrength of our focie-
"ties, and are happy to fraternize with you in any thing
that may tend to promote the general good."
**
We remain yours,
*
ALEX. MITCHELL Sec.
is In
1
}
E 127 ]
In the cauſe of Liberty for the united Societies as above.
Dated Strathaven 9th April 1794."
Mr Anftruther. We will read the other paper to which
this was the anfwe".
Lord Advocate. It is the fame gentleman produces it, Lau-
zun. It was found in the poffeffion of Hardy.
Mr Erfkine. It is needlefs to read it.
Here Hardy's circular letter was read.
MR LAUZUN Called.
Q. Did you find a paper among Hardy's papers figned
Alexander Mitchell-of what date is it?
A. No Sir, one Mr Gurnall found it.
MR JAMES GURNALL Sworn,
Q. What are you?
A. A King's meffen ger.
Q Look at thoſe two papers lying before you, marked
with your name, tell me where you got them?
A. I got this paper in Mr Hardy's houſe,
Q. Look at the other.
A. This I got there alſo.
ALEXANDER MITCHELL Sworn.
+
Mr Anftruther. Q. Mr Mitchell, is that your hand writz
ing?
A. I could not pofitively fay Sir, I am perfuaded it is.
Q Mr Mitchell, what bufinefs are you?
A. A manufacturer in Strathaven.
Q What letter was it written in anſwer to?
A. It was written in anfwer to a circular letter received
by poft.
Q. Was that a written or a printed letter ?
A. It was a printed letter.
Q. Look at that letter and fay whether it is like it? is
it like that letter
A. Yes
[ 128, 1
A. Yes I believe it was fimilar.
Q. In anſwer to fuch a letter as that you wrote this letter?
A. Yes, Sir.
Q. Do you recollect the name of the perfon affixed to
that printed letter?
A. It was Hardy.
Q. In confequence of that letter, was there a meeting of
the ſociety at Strathaven?
A. Yes there was, Sir.
Q. Did you and the other focieties in that neighbour-
hood chufe a delegate.
A. There was a general meeting held, and it was agreed
upon at that meeting to chuſe a delegate.
Q. A delegate to what?"
ą
A. To what was termed a Britiſh Convention.
Q. In confequence of that letter you chofe a delegate to
another British Convention, from the focieties in your neigh
bourhood?
Mr BARON NORTON.
I don't think the witness is
bound to ſay any thing to criminate himſelf.
Witness. My Lord, I cannot conceive wherein the pre-
fent queftion has any direct relation to the object of my evi-
dence, but I appeal to the judgment of the Court whether
I fhall answer or not.
LORD PRESIDENT., You are in no danger at all, you
have taken an oath to ſpeak the truth, and you ought to do
fo.
Q. Did you do any thing in confequence of that letter?
A. Yes, I did.
Q. You was fecretary to the meeting, I think?
A. Yes.
Q. You wrote that letter as Secretary?
A. Yes, Sir, directed to Mr T. Hardy, Shoemaker, No.
9.
Piccadilly, London, for the London correfponding Society.
Direct to Alexander Mitchell, manufacturer, Strathaven,
county of Lanark.
Mr Anflruther. From whom did you receive the printed
letter?
A. I da
}
1 429 1
A. I do not know, it came by poſt, I fuppofe, and it was
not properly directed to me, it came to another. I was not
Secretary to the Society of Strathaven, but to the meeting.
of the focieties mentioned in the letter.
MR LOCKHART, Sworn.
Q. What are you
?
A. The Depute Sheriff Clerk.
Q. Had you ever any occafion to fearch the houſe of Mr
Watt!
A. Yes.
Q. Upon what occafion did you fearch the houfe?
A. It was upon occafion of fearching for fome goods of a
bankrupt, that they faid were fecreted in Watt's houfe?
Q. What did you find there?
A. I found a box of goods, and I found fome pikes.
Q. Where are thoſe pikes?
A. There are twelve I found upon the firſt ſearch.
Q. Where did you find them?
A. In a locked preſs in one of Mr Watt's rooms.
Q. Had you ever occafion to make another fearch in
Watt's houfe ?
A. Yes, Sir.
Q. Upon what occaſion ?
A. I went down the fame evening to fee the windows fe-
cured, it was between twelve and one o'clock; I ordered
a cloſet to be broke open.
Q. After finding the first parcel, what did you do?
A. I took it away with me, and carried it to the Sheriff,
and fhewed what I had found, and there was a warrant for
.2 further fearch.
1
Q. Upon that further fearch, what did you find?
A. Two halbert-headed things and more fingle pikes.
Q. Where did you find them?
A. In a-clofet upon the fecond ſearch.
Q. This was about mid-night ?
A. Between twelve and one.
$$
R
Q. What
{
*
[ 130 ]
Q. What month was it?
A. Upon the 15th of May.
Q. Did you try that pike and that ſtick ?
A. I did before I came out of the houſe.
Q.
What did you try it with?
A. I found this one firſt, and tried that on it.
Q. Put it on now.
A. It is a fmaller one that ſcrewed into the hole, and the
large one went over it.
Q. Shew that to the Gentlemen of the Jury, (a com-
plete fmall halbert.)
Shew them how it fits the large one with the halbert
head.
A. It fcrewed on in the fame manner as the fmall one
did.
Q. (To Lockhart) Does the fcrew of that large one fit
the fcrew of tha: other?
A. Yes.
QWhat is that other thing?
A. I fancy it is meant as a dagger.
Q. So that it would fit any other pike?
A. Yes.
Q. You found thefe in Mr Watt's Houſe?
A. Yes, Sir,
Q. Where did you carry thofe pikes to from Mr Watt's
houte?
A. To th eSheriff Clerk's Office.
Q. Did
you find any thing elſe there?
A. There was a fount of types.
Q. A fount of types?
Witness. They were entire at the time.
Q. Were thofe types fet when you found them?
A, Yes, they were,
Q. How came they to be in the ſtate they are?
A. I lifted them rather rafhly the other day, when I
went to exhibit them before the Grand Jury, and they
broke down.
{
1
1
LORD
1
[
LORD PRESIDENT. Are there any ſtanding?
A. Yes.
i
7
Mr Anstruther. What did you do with thoſe types when
you found them?
A. They were lodged in the Sheriff Clerk's Office.
Q. What was done with thofe types when they were in
the Office?
A. I was not preſent at any thing done there with them
Mr Anftruther. I will prove an impreffion taken of them.
WILLIAM MIDDLETON, Sheriff's Officer, Sworn.
Mr Anftruther. Q. Had you ever any occafion to fearch
the houſe of a perfon of the name of Orrock?
A. Yes, I had in the evening of the 15th May laſt.
Q. Under what warrant ?.
A. Under the Sheriff's warrant. Robert Orrock, he is
a fmith at Dean. Before I went to Orrock's, I fearched
Watt's house;
Q. What did you find ?
A. I found in a cloſet in the under ſtory of Watt's houſe
a dozen of ſpears.
Q. Was Lockhart with you ?
A. Mr William Lockhart was with me:
Q. What did you find there?
A. There were twelve fpears found in Watt's houſe on
the firft fearch, and upon the fecond fearch four others
found, fixteen in all.
Q Are thofe the inftruments?
A. Thoſe are the identical inftruments.
Q. Did you ever find any thing elſe in Watt's houſe!
A. There were, in the prefence of the Sheriff and Lockhart,
ä ſet of types found. I feriouſly believe theſe are the ſame,
but they are not in the fame fituation as when found, they
have been accidentally broke down, they were fet and entire
when they were found.
QDid you fearch the houfe of Orrock on the 15th
.May?
Ri
A. The
[
132 J
A. The Tmiddy of Orrock was fearched, and I think
there were fifteen of thefe; theſe are the inſtruments found
in the fmiddy of Orrock.
Q. How many?
A £
A. I think 33 unfiniſhed in this ftate.
Q. All halbert heads ?
A. Thoſe are part of them, in the nigheft finished ftate.
Shew them that are in the finiſhed ftate, and thofe
´ünfinilked?
A. Here are thofe in the unfiniſhed ftate, and the others
more finished.
>
Q. You found thefe in the houfe of Robert Orrock?
A. In the fmiddy of Orrock.
Q. Not in the houſe?
A., No, we found nothing there but in the fmiddy. 'He
was brought to the Sheriff Clerk's office, along with thoſe
articles.
¢
Q. Had you ever occafion to fearch the houfe of Walter
Miller ?
A. I did not fearch there.
Q. In what part did you find the types in the houfe of
Watt?
A. In the upper ftory, they were found by the Sheriff
himſelf, on a ſhelf in a cloſet in the upper ftory. I lodged
'the types in the Sheriff's office, and carried them from
Watt's houfe to it.
1
Mr Anfruther. Thofe found in Watt's were found in
the prefsthofe in Orrock's all in the fmiddy?
A. Yes.
Q. Were they in a concealed place in the fmiddy?
A. Thefe two were rather in a concealed way under the
afhes upon the hearth in the fmiddy, but the others were in
a box in the back part of the finiddy, and did not ſeem to
have any thing to cover or conceal them?
ey
>
Q. What became of thoſe types after you carried them
to the Sheriff-Clerk's offi ce?
१
3
A.
་
}
for the
$
L
t
}
[133]
A. I believe they were carried to the Sheriff Clerk's
office, and remained there ever fince for any thing I know.
Q. Was you preſent when any impreffion was made of
them?
A. No.
JAMES WALKER Sworn.
Q. What is your name?
A. James Walker.
Q. Did you ever fee a fount of types in the Sheriff
Clerk's office?
A. Yes.
Q. When?
A. I think it was in May about the 20th, fome time
after the 20th or 23d May I think, I could not ſay the day,
but it was fome time in May.
Q. What are you by profeffion ?-
A. I am a writer in the Sheriff Clerk's office.
Q. What became of that fount of types?
A. I don't know what became of them.
Q. Did you fee any impreffion taken off?
A. Yes, I faw a dozen impreffions taken off.
Q. In whofe hands did you fee that fount of types?
A. I faw it in the Sheriff's hands, and if I recollect I
carried it up to Campbell Denovan's printing office.
Q. What diſtance is that?
A. Not far, it is juft in the fame clofe.
Q. Is it as far as to the window there?
A. No, it is farther; we firft go up the Clofe a little,
and then up a ftair-cafe to the printing office.
$
Q. Did you fee the impreffions taken off at that office. ?'
A. Yes.
Q. Look at this?
A. Yes, I faw this one.
Q. Did you put your name to it?
A. Yes.
Q. Did you put it at that time?
A.
:
[ 34 ]
A. I put it when my declaration was takeń.
Q Are you fure it is the paper you faw taken off?
A. Yes, I am certain it is.
JAMES CLERK, Efq. (Sheriff Depute.) Sworn,
Mr Anftruther. Did you ever receive a fount of types in
your office, Mr Clerk?
A. I found a fount of types in Mr Watt's houſe upon
the evening of the 15th of May. Mr Lockhart, the She-
riff Clerk Depute, came with a pike to the office while I
was there, which he faid he had found in Watt's houfe,
upon which I granted a warrant to apprehend Mr Watt
himfelf, and to fearch his houfe, which was accordingly done;
and other pikes being found, were alfo brought to the of-
fice, where Mr Watt was likewife brought for examination.
After which the houfe was ordered to be fecured 'till the
next day; accordingly it was fo, and next day I went with
Mr Lockhart, Middleton and Watt's maid, to infpect his
papers, and likewife to fecure any thing elſe found in the
houfe that might appear material. In the courfe of this
ſearch, and in an upper clofet, whether upon a ſhelf or on
the floor I do not recollect, we found a fount of types
fet up for printing; finding this in a houfe that was not a
printer's, led me to examine the fount of types, which I en-
deavoured to read. I could read Dundee, 12th April at
that time, and a line fomething to this purport: "for, that
"purpofe alone you are inlifted," it was in words to that
purport.
+
Q. Theſe were in capital letters ?
A. Yes, I could not read the fmall letters, I read the
large letters.
Q. State what you did with the fount?
سلم
A. There was a multiplicity of bufinefs going on, the
fount and types were put in a place where I had the key,
and afterwards I fent a lad, a young man that writes in the
office, and a Mr Wishart to Campbell Denovan's printing
office in the fame clofe, and defired them to throw off 12
copies;
1
[135]
coples; they did it in the courfe of a few minutes while I
was there; and having returned the fount to me, I then
locked up the types, and they were kept in my poffeffion
till fent to the Grand Jury.
*
Q. Did you give the Lad the fount of types exactly in the
fame ftate, in which you found it in Mr Watt's houfe?
A. Exactly in the fame ftate, and there were twelve co-
pies taken from it, at that time.
Q. Is that one of the copies? read it flow.
A. It is dated Dundee April 12th 1794.
Q. Is it in printing or in writing?
A. It is in print.
J
"Friends and brethren-It is with the greateſt pleaſure
"that your countrymen are informed, that ſuch is your at-
"tachment and love to them, and to your native country,
"that you manfully and firmly refolve not to leave it upon
"any terms contrary to thofe upon which you were at firſt
"engaged-Your countrymen love you, and their hearts
« would be as much wounded to part with you, as yours
"would be to be feparated from them; they well know
"that they are fafe under the protection of their fathers,
"their fons, their brothers in arms, and they neither wifh
"nor defire any other defenders-they hope and believe that
" your heads are filled with the fame fentiments.
"The great mafs of the people from amongſt whom you
have been enlifted, have been reprefented to you, as
your enemies believe not the affertion, they have been
"taught to confider you as foes, but they do not fear find-
*ing friends amongſt their brethren.
"Their caufe and yours is the fame-They are poor, but
"they have honeft hearts; hearts which fympathize in your
"caufe; they look for the fame friendſhip and the fame
"fympathy in you.
They rejoice to hear, that you are becoming daily
65 more convinced of the great truth, that the law ought to
be the ſame to the Highlander, and to the Lowlander, to
the rich, and to the poor, and no man can be compelled
(tg
3
เ
[136]
to take up arms, by any authority whatfoever, unlefs his
“own inclinations prompt him to do fɑ.
"
"This truth. has been hitherto carefully concealed from
さ
​you, but it is not the lefs certain, the will of your laird
“cannot without your own confent, feparate you from
"your families and friends, although many of you may
“ have experienced the exertions of fuch a power, however
“unjuft, and however contrary to law.
"We refpect and admire that principle which induces
"you, (though neceffity has compelled you to take up arms)
"ſtill to perfift in remaining to defend your friends at home,
" and not to quit a country which holds pledges fo dear.
"When you are gone, where is their defence? They
may be either left without protection, or may foon ſee
"their country over-run by foreign troops, fuch as in time
"paſt have already fhed the blood of your anceſtors with-
" out provocation, and without remorfe; and who would
"feel perhaps as little compunction in fhedding yours.
€6
"Prepared for every deed of horror, theſe foreign mer-
"cenaries may violate the chastity of your wives, your fif-
"ters, and your daughters, and when defire is fatiated,
"cruelty may refume its place in their hearts, as experi-
66 ence has too well and too fatally fhewn, and friends, pa-
rents, children, brothers may be involved in one com-
"mon flaughter.
"The cruel maffacre of Glencoe cannot yet be forgot
<< ten; are there not amongst you, whofe forefathers periſh-
❝ed there? their hearts throbbing with kindneſs and hof-
pitality were pierced with the daggers of their treacher
"ous guests, and the feaft, prepared by the hand of unfuf-
"pecting friendſhip, was clofed with a fcene of blood; fuch
£
is the return for kindneſs and hofpitality, fuch the pro-
"tection which your families have to expect!!!
"How will they look around in vain for your protecting
care, when perhaps you are fighting at a distance in a
"foreign land-But they hope you will not forfake them,
ſtay, oh ſtay, and defend your families and your friends.
&
"For
ť
[ 137 1
For that purpofe alone you were inlifted,
inlifted, they are
"ready to come forward for you in the vindication of your
* rights:
"Thouſand's join in the fame fentiments with you, and
ardently with for your continuance among then
1
A
The
circumftances which might require you to quit your
"country have not yet taken place-No invafion has yet
happened, you cannot be compelled to gc-leave not
"your country-affert your independence.Your country
men will look up to you as their protectors and guardi-
ans, and will in their turn lift up their arms to protect
and affift you."
66
16
Dundee April 12th 1794
JAMES SOMMERVILLE Sworn.
Mr Anstruther. Q What is your name?
A. James Sommerville.
Q. What are you by profeffion?
A. A Printer:
*
Q. Diď you ever take off any impreffions from a fount
of types at Campbell Denovan's printing office?
A. Yes:
Q. Are you an apprentice of his ?
A. Yes.
Lord Advocate. Did you ever take impreffions from a
fount of types brought from the Sheriff Clerk's office?
A. Yes.
*
Q. Who brought it to you?
A I went to the Sheriff's office for it:
r
Q. Who did you get it from?
A. From the Sherif and fome other gentlemen:
QÍs that one?
A. Yes, we took feveral.
Q. Is that one of them ?
A. Yes.
$
Is
}
f
[ 138 I
Q. Is that your hand writing?
A. Yes.
WILLIAM WATSON Sworn.
Lord Advocate. Q. Where do you refide ?
A. In Dalkeith.
Q Do you know the prifoner at the bar?
A.
Which is he.
Q. That perfon that is ftanding up. Do you know that
perfon?
A. No, I cannot pofitively fay I know him.
Q. Did you ever fee him?
A. Yes, I once faw him at his own houfe, a perfon they
called Watt.
Q. Is that the perſon you faw ?
A. I cannot fay, I could not ſay upon my oath that is
the perfon.
Watt?
Had you ever occafion to fee a man of the name of
A. Yes.
Q. When and where did you fee that perfon?
A.
It was at his own door.
Q. Where is his own door?
A. Why, it is in the north fide of the ſtreet.
Q Is it in Edinburgh?
A. Yes.
Q. Upon the North fide of the Street?
A. Yes.
Q. Do you know the North Bridge ?
A. Yes.
Q. Is it above or below the North Bridge.
A. It was below the North Bridge.
Q. Who fent you there ?
A. Why, I went with Mr Downie..
Q. Who is Mr Downie?
A. He is a jeweller and goldfmith in Edinburgh.
Q. In
[
139 ] -
Q. In what part of Edinburgh did Mr Downie then re-
Tide ?
A. I don't know, but I have heard it faid he lived in the
Parliament Square.
Q. At what particular time was it you went with Downie,
to the houſe of this Watt?
A. I could not remember the very particular time.
Q. Was it a year ago ?
A. No, Sir, it was not a year ago.
Q. Was it fix months ago?
A-I don't remember.
Q Was it in winter or fummer?
A. It was in fummer, fome time in the beginning of
fummer.
Q. Had you occafion to hear foon after that time of
Watt and Downie being taken into cuſtody?
A. Yes.
Q. How long before that time was it?
A. I cannot pofitively fay.
Q. Was it a long time?
A.
I do not remembèr.
Q How long is it fince Watt and Downie were taken
into cuftody?
A. I don't know..
Q. Was it long after?
A. No.
Q. Would it be a month after your viſit to Watt, along
with Downie ?
A. I cannot pofitively ſay.
Q. You refide at Dalkeith?
A. Yes.
Q. Do you remember a fencible regiment quartered at
Dalkeith?
A. Yes.
O. When was it?
A. I could not pofitively fay the time when they came.
Q Was it a year ago?
༢.
$ 2
A
( 140 )
A.
No, it was much about that time.
Q. About the time the regiment of fencibles were in Dal
keith you went with Downie to Watt's houfe ?
A.
Much about that time.
Q. What regiment was that? Do you know by whom it
was commanded ?
A.
It was Lord Hopetoun's.
Q Where did you meet with Downie before you went
into Watt's houſe?
A. I was in the Lawn Market, and I ſaw him go by a
shop door where I then was and had heard of a paper.
Q. Whole fhop door ?
A.
0.
A.
It was Mr Ritchie's.
What paper was it you heard' of?
A hand bill about the fencibles.
Q. And Downie paffed the fhop door?
A. Yes,
Q. What did you fay to Downie ?
A. I heard of the hand bill, and I being curious to fee
it, went and aſked Downie if he could fatisfy my curiofity
and flew me one.
Q. The witneſs ſays, being in the ſhop of one Ritchie in
the Lawn Market, about the time of Lord Hopetoun's fen-
cibles being at Dalkeith, he obferve! Downie pafs the ſhop,
and went to him in order that he might fatisfy his curiofity ?
Yes.
A.
O. But Downie ſaid he could not then?
A. Yes, but he poffibly might if I would follow him.
Q. Did Downie and you go to any place and where?
A. Yes, he faid he was going down the ftreet, and if I
would go down with him he might poffibly get it.
Q. Where did he go with you?
A. He went to the place which he called Mr Watt's
houfe..
1
Now, Sir, when you went to this man's houfe of
the name of Watt, did you ſee that man ?
A. Yes, I faw him, Mr Downie went in, I followed
}
him
( 141 )
him; it was juft in the entry; whether Watt knew whe-
ther I got it or no, I don't know. Mr Downie came down
in a few minutes.
Q. Did fee this Watt at that houfe?
you
A. Yes, I faw a man they called Mr Watt.
Q. Then, upon the great oath you have taken, fay whe
ther that is the man you faw, and i defire you to give an
anfwer?
A. Upon the great oath I have taken, I could not pofi-
tively fay, it might be the man.
Q. Is it like him?
A. I could not remember the features of the man.
Q. What did you do after this, Downie and you?
A. Mr Downie came down the South Bridge.
Was you prefent when Mr Downie put any queſtions
to this Mr Watt ?
A. I don't recollect what they faid-he aſked about the
news of the day-or whether he afked Watt where he could
get them, I cannot ſay.
Q. Did you hear any diſcourſe between Watt and Dow-
nie about the hand bill? whether he aſked Watt if he could
furnish him or not with one?
A. I don't know-Mr Watt went in and Downie follow-
ed him, when I went in Mr Downie faid he could not get
them there.
Q. I afk you, did you in this fhort fpace of time while
you was with Downie, hear that man Watt open his lips or
not?
A. I dare fay he opened his lips.
Q. You dare fay !-did he or did he not?
A. Yes-I believe he did.
Q. Then I ask what was the purport of what he faid-
did it relate to that hand bill, the object of your viſit to Mr
Watt?
A. Mr Downie was coming away and he aſked Watt, how
he did, and then Mr Downie afked me to come away with
him.
Q. You
( 142 )
Q: You went into this man's houſe to whom you was a
Aranger, for the purpoſe of getting a hand bill relative to
the Fencibles along with Downie, who faid he would carry
you to a place where you would be fatisfied; what anfwer
did Watt make to your question, or did he fay any thing
more after that preliminary queſtion was put by Downie ?
A. As it was a trivial queftion I did not take any parti-
cular notice.
Q It is a trivial queftion, and therefore I afk you, was
there any more important queſtion put by Downie,-after
Downie afked him how he did ?-did he not aſk Watt whe-
ther he could fatisfy your curiofity?
A. I do not underſtand you.
LORD PRESIDENT. Lord Advocate, you had better go on.
Q. After you heard Downie aſk this man Watt how he
did, did Downie put any more important queſtion to Mr
Watt?
A. No-I do not think he did.
QDid he put any queſtion at all to Mr Watt further?
A. No-I do not recollect that he did put any.
Q. Did he leave him directly?
A. He came along with me, he was a little before me.
LORD PRESIDENT. Did you aſk Downie if he had
got
the
hand bill from Watt?
A. Yes-and he faid, he had not.
Q. That was the import of your converfation?
A. Yes.
Q. Was there any direction given to Downie in your
hearing, as to the place where the hand bill might be got,
which you was in fearch of?
A. I did not hear any thing elfe, but Downie aſked him
how he did.
Q. You came out with Downie?
A. Yes.
Q. Where did you go to?
A. We went to a fhop upon the South Bridge belonging
to
1
{
}
( 143 ).
to Kennedy, or in the management of him, his name is on
the fhop door.
Q. Did you know Kennedy?
A. I never faw him before.
Q. What converſation paffed between you and Downie,
and Kennedy?
A. Downie went into the back shop, I went in and Mír
Kennedy gave me fome of theſe things.
Q. Pray, was you a member of thefe clubs at Dalkeith ?
A. Yes, I was.
Mr Anftruther. Q. You went from Mr Watt's to Ken-
nedy's, and Mr Kennedy gave you a parcel?
A. Yes.
Q. How did he give it you?
A. He threw it down upon the floor and faid, you had
better take it up and fay you found it, for fear any evil
ſhould acrue to any body from it.
Q. Now what was in that parcel ?
A. Why a kind of addrefs to the fencibles not to go out
of the country.
Q. What did you do with it?
*
A. I gave it to feveral of my friends round me.
(An objection aroſe to his being aſked fuch queſtion, as might
criminate himſelf.)
Mr Anftruther. He need not anfwer any that may cri
minate himſelf, did you give them to a perfon of the name
of Sommervile ?
A. No, Sir.
Q. Did you give them to a perſon of the name of John-
fton ?
Mr Erfkine-Iconceive it to be of all things the idleft and
moſt fuperfluous, to recognize as a principle of law that a wit-
nefs is not to answer a question that might criminate him-
felf, without at the fame time, warning him what might or
not be a queſtion, where the anſwer might criminate him-
felf. *
Mr Ant
}
[ 44 ]
Mr Anftruther. Moft unquestionably the witnefs is not
bound to answer a question to criminate himfelf, and he is
to judge for himfelf whether it does or not, and then he
may anſwer if he pleaſes.
My Erskine. In the cafe of Lord George Gordon a per-
ſon was brought as a witnefs, and the queſtion was put tó
him whether he was a Roman Catholic, and there was no ob-
jection to it from the perfon himfelf; but Lord Kenyon and Mr
Erskine objected to the queſtion, upon this ground that if
Mr Hay anſwered it, he would fubject himſelf to penalties.
'Mr Anftruther. Mr Erskine forgets the queftion came
from Lord George's Counsel, whether the perfon was a
Roman Catholic or not; the witnefs afked whether he was
bound to answer the queftion, the Court told him if the
anſwer would fubject him to penalties, he need not anſwer.
Mr Erskine. I care not from whom the queſtion came ĝ
becauſe whether from the Crown or the prifoner, the prin-
ciple is juſt the fame.
LORD PRESIDENT. I wish to know whether the Lord Ad-
vocate means to profecute this witneſs.
Lord Advocate. With the exception of Downie and Stock,
the perfons whom your Lord/hips know bills of indictment
are found againft; I don't mean to bring any profecutions
againſt other perfons upon this account,
Mr Erfkine. My Lords, another Lord Advocate may be
appointed to-morrow, and I fhould be glad to know whether
another Lord Advocate, notwithstanding what the honour-
able gentleman basnow faid, would not be competent to profe-
cute any perfon he thought proper, Lord Chief Juftice
Jefferies prohibited a queftion of the fame fort, becauſe it
would fubject the witnefs to penalties.
Mr Anftruther. It is impoffible that it can be a rule of
law, that a witnefs is prohibited from anfwering fuch quef-
tions; that would be to prevent an accomplice from giving
evidence in any cafe; he is at liberty to give his evidence if
he picales.'
Mr Dutt
Ì 145 ]
Mr Dundas. The Court has given warning that he need
not give any anſwer that may criminate himſelf.
Mr Erfkine. A witnefs may anſwer the queftion, but he
ought to be informed he need not anſwer it unless he pleaſes
to criminate himſelf.
Mr Anftruther. Q. Mr Watfon, I have told you that
you are not bound to anfwer any queſtion that criminates
yourſelf, you have told me you gave one of thofe papers to
a perfon of the name of Johnfton?
A. Yes.
Q. Now, anfwer me, whether Mr Watt ever told you, or
told Downie, in your hearing, whether you would get
theſe papers, where they were to be found; or whether he
told Mr Downie any thing about any papers in your hear
ing?
A. No. I don't recollect that he did.
Q. But you went from Watt's houfe to Kennedy's firop,
there what paffed you mentioned?
A. Yes.
Q. You got a parcel of them?
A. Yes.
Q. Now, was there any other paper? Do you know a
Committee, called a Committee of Ways and Means?
A. No.
Q. Was you a member of the Convention ?
A. Yes, I was.
Q. Was you a fecretary to the Friends of the People at
Dalkeith?
A. I was fecretary once,
WILLIAM JOHNSTON Sworn,
Mr Anftruther.-Q. Do you know a perfon of the name
of William Watſon?
A. Yes.
Q. Is he the man that was here juſt now?
•
A. Yes.
+
T
Q. Did
?
( 146 )
Q. Did you fee him in the next room?
A. Yes.
Q. Did
Did you ever receive a printed paper from him?
A. Yes.
Q. What did you do with it?
A I gave it to James Sandilands.
Q Do you remember what it related to in general?
AI think it was an Addrefs to the Fencibles, or fome-
thing of that nature.
Q. At what period of time was this?
A. I cannot tell the time; it was probably in the Spring
of the year; I cannot recollect the time.
Q Was it about the time that Lord Hopetoun's Fen
cibles were at Dalkeith?
A. Yes. I dare fay it was.
Q. Can you recollect where the paper was dated?
A. i think Dundee.
JAMES SANDILANDS Sworn,
Q. Do you know a perfon of the name of William
Johnſton ?
A. Yes, Sir, I do.
Q. Did you fee him in the other room?
A. Yes, Sir, I did.
Q. Did you ever at any time receive any printed paper
from him?
A. Yes. I did.
2
Q. When?
A. I don't perfectly recollect the time.
Q. About what time was it?
A. About the month of April or May.
Q. Was it at the time the Fencibles went through Dal-
keith?
A. Yes. It was about that time.
Q. What fort of a paper was it?
A. I don't know. I never looked at the paper; we had
fome converfation about it.
}
Q. What
<
}
( 147 )
Q. What was the converfation between you about ?
A. One William Johnston aſked me if a Serjeant would
look at it; I gave it to Serjeant Hardy.
Q. You took it from the hand of Johnſton?
A. Yes.
Q. And you put it into the hand of Serjeant Hardy?
A Yes, I did.
Lord Advocate.-Q. Hardy is a Serjeant in Lord Hopes
toun's Fencibles?
A. Yes.
SERJEANT HARDY Sworn:
Q. Do you know a perfon of the name of Sandilands ?
A. Yes..
Q: Did you ever receive from him any printed paper?
A. Yes.
Q. What was it about?
A. It was a feditious paper, concerning the Fencibles not
going out of Scotland.
Q. What regiment do you belong to?
A. The Earl of Hopetoun's.
Q. You are a Serjeant in it ?
A. Yes:
Q About what time was it?
A. About the toth of May.
Q. Was your regiment in Dalkeith about that time?
A. Only part of the regiment were marching through it.
Q. How long were you at Dalkeith?
A. Three days.
Q. What day of the week do you recollect was it?
A. It was on Saturday I got the paper,
Q. Was it in Dalkeith you got the paper?
A. It was on the ſtreet in Dalkeith.
Q. Where was the regiment going at that time?
A. It was going to Liverpool.
Q. Did the regiment go to Liverpool?
T 2
A. Only
i
(148)
•
A. Only part went to Liverpool.
Q. Did the part you went with go to Liverpool?
A. No.-To Whitehaven:-105 went to Whitehaven
two hundred to Liverpool
Q. Is that the paper? look at it.
A. Yes. The very paper.
Q. Do
you recollect what converfation paffed at the time
you had that paper delivered to you?-State what paffed at
the time.
A. This gentleman, Sandilands, came to me, and bade me
look at that paper; I aſked him where he got it. He told
me; but I do not recollect the man's name. I aſked him,
if he had any thing to do concerning that paper, or the peo-
ple that put it out; he ſaid no, he had not; there were
meetings in towns, but he never attended any of them.
Q. And he gave you that paper?
A. Yes.
Mr Anftruther.-Gentlemen, it is the fame paper that
has been read to you, which answers, verbatim, to the copy
taken off the types, and the very identical paper which Har- ›
dy received from Watfon,
Q. (To Hardy,) Do you know of any other being diſtri
buted in your regiment?
A. No. I never faw any other but this I received my
felf.
ARTHUR MEWAN Sworn.
Examined by Mr SOLICITOR GENERAL.
Q. Pray, what is your occupation
A. I was bred a weaver.
Q. Where do you live?
+
A. At the Water of Leith.
J
+
Q. Do you know if there is a fociety of the Friends of
the People at the Water of Leith?
A. Yes.
Q.. Was you a member of that fociety P
A. Yes.
A. Yes.
[ 149 ]
Q. Do you know that they fent feveral delegates to the
British Convention ?
A. Yes. They fent feveral.
Q. Was you a delegate ?
A. Yes.
Q. Did you attend the Convention regularly?
A. Yes.
Q. Did you attend them when they were diſperſed ?
A. Yes.
Q. At what time?
A. At the end of November or beginning of December
Q. After this difperfion happened by the Civil Magiſtrate,
did the Water of Leith Society continue to affemble as be-
fore?
A. Not fo frequently.
Q. But you affembled fome times ?
A. Yes.
1
Q. Do you know the other Societies affembled here?
A. I never went to any of them but that which I belong-
ed to, I was elected by them to a Committee.
Q What was the Committee called?
A. A Committee of Union, by a printed paper; what it
was formerly, I don't know.
Q You was a delegate from the Society?
A. Yes.
Q. Where did it meet, that Committee of Union?
A. At George Rofs's.
nion?
What might be the number of the Committee of U
A. I don't know.
Q. Might it be twenty or thirty?
A. I ſuppoſe it might be more than that.
Q. Had they many meetings, this Committee of Union ?
A. They had frequent meetings.
Q Did they form another Committee of themſelves?
A. Yes, they did.
1
Q. How
Q. How did you call that?
A. That Committee was called a Sub-committee:
Q. Had it any other name?
A. It was after that called a Committee of Ways and
Means.
Q. Were they choſen by the Committee of Union, from
their members?
A. Yes.
Q. Was you one of the Committee of Ways and Means ?
A. I was a member of the Committee, but it was called
a Sub-committee.
Q. But it got the name of a Committee of Ways and
Means?
A. Yes.
Q. What did you underſtand to be the object or purpoſe
of this Committee of Ways and means?
A. The object I underſtood' was, two or three weeks bes
fore, that there was a letter read to that Committee, inti-
mating that a letter had been received from Mr Skirving,
wherein it appeared that the Convention owed him' a fum of
money, and hoped they would pay him, as he was going to
leave the land.
Q: How many did the members of that Committee con-
fiſt of?
A. It confifted of feven.
Q. Was Watt one?
A. Yes.
Q. Who elfe?
3
A. Mr Atchiſon, Mr Stock, Mr Burke.
Q. Was Bonthorne ?
A. Mr Bonthorne and myſelf.
Q. Was Downie a member of it?
A. Yes, David Downie.
Q. Had you many meetings of this Committee of Ways
and Means?
A. Yes, there were many meetings.
$
Where
1
ing?
( 151 )
Where was it held, was you there at the firft meet-
A. I was.
Q. What bufinefs paffed at that meeting?
A. No bufinefs paffed that night, but a letter brought by
Alexander Aitchison.
Q. Do you recollect what it was about?
A. I think it was about the Gazetteer.
Q. But nothing elfe happened at the first meeting?
A. No.
Q. About what time was it?
A. About the tenth of March.
Q. At which no material bufinefs was tranfacted?
A. No, no further than I mentioned.
Q Was you at the fecond meeting of the Committee of
Ways and Means?
A. Yes.
Q. Who attended at that meeting?
A. I think there was Mr Burke, Mr Stock, Mr Watt,
and Downie, Mr Bonthorne and myſelf.
Q. Was Aitchefon there?
A. No, he was not.
JURY. Repeat the names of the Committee; was Watt
at the fecond meeting?
A. Yes.
Q. Now, at this fecond meeting of the Committee of
Ways and Means, at which you was prefent, and Watt was
prefent, was there any propofition or plan laid before the
Committee by Watt?
A. Not that night, there was nothing done that night,
the ſecond night, but a letter wrote of congratulation to Mr
Gerrald.
1
Q. Then, who were prefent at the third meeting? tell
firſt who were preſent at that third meeting?
A. Ar the third meeting, there were Mr Watt, Mr Dow-
nje, Mr Bonthorne, Mr Stock, and I
'
Q. The
[152]
}
Q. The others were not preſent?
A. No.
Q. Whether at this meeting was any propoſal made by
Watt or any plan laid before it by him?
A. My Lords, as far as I can recollect, Mr Watt pro-
duced a paper that night, which contained a plan to ſeize
the Lord Juſtice-Clerk, the reft of the Lords of Seffion,
and the Lord Provoft; alfo, to have a number of men placed
at the Weigh-houſe, and a number at the Lucken-booths ;
to put a fire at the Excife Office, to draw the military from
the Caſtle, and when they came down, thofe placed at the
Weigh-houſe, with the others at the Lucken-booths, were
to encloſe them, at the fame time numbers were to feize the
different Banks of this town, and to appoint Commiffioners
to go and demand the caſh of them.
Counsel, Gentlemen, I ſuppoſe, you have heard whạt he
stated.
JURY. Q. Do you fay this propofal was made by Watt?
A. I think it was in writing.
Q. Did Watt take it out of his pocket?
A. Yes, he did.
Q. Did he read it?
A. Yes, he did.
"
Q. Did he make any corrections as he went along?
A. If I recollect right, he feemed to interline fome things
in it.
Q. You mentioned you were to ſeize certain perfons, men-
tion them over again ?
A. It was the Lord Juftice-Clerk, the reft of the Lords
of Seffion, and then the Lord Provoſt.
Q. What were they to do with them ? .
A. That I cannot remember.
Q. Only that they were to be feized ?
A. That was the expreffion.
Q. Was there any thing mentioned about feizing the Castle?
A. No, I don't remember that being ſpoke of in the pa-
per.
1
Q. At
1
}
[ 153 ]
Q. At what time was it propofed, it should be done,
was it to be done at night or day, or when, or how foon?
A. There was no day mentioned.
Q. Pray was it mentioned in the plan who was to have
the direction of theſe people, who were to get the better of
the military in this way?
A. No, I don't remember.
I
Q. Was it mentioned there were to be leaders appoint-
ed?
A. Upon my word I cannot remember that.
Q. You don't remember whether it was mentioned to
be executed in the day time or night?
A. I cannot fay as to that, but I rather ſuppoſe it was to.
be in the night time.
Q. You mentioned they were to take poffeffion of the
banks?
A. The different banks.
Was there any thing mentioned of having commif
fioners to take an account of the caſh?
A. Yes, to demand the cafh; I think it was fufficiently
mentioned in the papers to demand the cafk.
Q. After they had got poffeffion in this way, what were
they to do next?
A. I cannot fay any thing farther. I cannot remember
any more particulars in that paper.
Q. After the plan was read over, what became of it?
did Watt deliver it to any body or put it back?
A. If I recollect right he put it into a prefs.
Q. Did you ever fee that written plan again, after the
time you mentioned ?
A. No, never after.
Q. Did you fee any writing that had any connection with
it afterwards?
A. No.
Q. Did Watt ever ſhew you a copy of an addreſs, after
all things were feized in that way, or a proclamation?
A. No, he did not, but he read a paper of that kind.
ม
$
Q. When
-
-y
;
}
1
}
}
When was that?
[ 154 ]
A. It was a Committee night.
Q.
A.
Q.
2
You cannot be fure any body was there but Downie ?
I think Downie was there.
Where was this meeting?
A. It was a Committee night in Mr Watt's own houſe.
Q. You are not fure whether Mr Watt fhewed you the
paper, or only read it?
A. 1 am fure I heard it read.
Q. Will you tell us what was the fubftance of the
paper
A. As far as can remember the fubftance run thus :
it was a copy of a proclamation to all farmers and dealers in
corn, meal and hay, not to remove the fame from their ha-
bitation under the pain of death; and alfo for all gentlemen
refiding in the country not to leave their habitation above
three miles under pain of death.
QAnd when was it to be done?
A. According as I remember, it was to be done imme-
diately after the attack.
Tull
Q. Do you remember in whoſe name this proclamation
? by what authority or what perfon was to fign it?
A. No, I heard of no perfon that was to fign it.
Q. Now, at the time when this plan was the fubject of
converfation, or read in the Commiitee, was any thing faid
about arming the Committee?
A. No.
Q Was any thing faid about addreffing the King?
A. Yes, there was upon the other fide. I cannot be
fitive.
1
po
Q. What was the nature of the addreſs to the King?
A. The nature of the addreſs to the King was thus: to
difmifs his Minifters, to put an end to the prefent war, or
to meet bad confequences, or expect bad confequences.
JURY. The witn.fs fays he heard nothing about,arming,.
we have not heard how they were to attack the foldiers.
Q. Was there any queftion made about the arms to be
ufed ?
;
A.
A. No.
[ 155 ]
Q. At any other time had you converfation with Watt
about procuring arms, or did he take any means?
A. I never knew that he did, or that it was in conver-
fation till he aſked me to go to Robert Orrock, a ſmith in
the Dean.
Q. What was the purpoſe?
A. He did not mention the purpoſe to me, I went with
him, as he asked me the favour to go with him..
Q. What converſation had he with him?
A. He wished him to make fome pikes, and Robert
Orrock drew a model of a pike upon the table; and Mr
Watt afked him to work as faſt as he could, for he had 4000
to fend to Perth, befides what he wanted to diſtribute about
Edinburgh, and ordered Orrock to be bufy, and as faſt as he
brought them in he fhould have the money.
Q. What did he ſay?
A. He ſaid he had 4000 to fend to Perth, befides what
he had to diftribute about Edinburgh.
:
Q. Was it Orrock that drew the drawing of the pike or
Watt?
A. It was Orrock.
Q. Was you ever back at Orrock's houfe again except
that time?
A. No.
Q. Do you know any thing of Orrock making the pikes?
A. I heard him get the Order, I never faw him working
at one of them, only one day I was going up to the Dean,
and we had fome other buſineſs with him, a man and we
were ſtanding at the door of the ſmiddy, I faw a man work-
ing at a thing ſimilar to this, and Lord Swinton's fervant
afked the lad what it was, what was the uſe of it, and he
told him it was to put on a gate.
Q. Did you ever fee
fion than this?
MA. No.
any
U 2
of them upon any other occa
:
134
:
!
:
[156]
1
Q. Did you ever fee any of them in Watt's poffeffion?
A. Yes.
Q. Are you acquainted with John Fairley?
A. No, I am not acquainted with him.
Q.
Did you ever ſee hiin?
A. Yes.
Q. A wright?
A. Yes.
*
Q. Did you ever fee him in your Committee of Ways
and Means?
A. Yes.
Q. What did you underſtand to be the buſineſs?
A. What I underſtood was he had been fent to the weft
country-before I faw him, I understood that he had been
fent to the west, but what his orders were to the weft I do
pot know.
Q. Had
Had you any reaſon to know it?
A. Not till I heard himfelf.
Q That was upon his return?
A. Yes.
Mr Anftruther, Q. Was Watt preſent ?
A. Yes.
1
Q. When he (Fairley) returned from the weft, and made
his report to the Committee of Ways and Means, what did
he ſay?
A. I can give you but a very ſmall detail he faid he
had been to visit a vaft number of places, Mr Wait took a
note of them down upon paper, I think of the places; there
1
was Queens-ferry, Falkirk, Kilfyth, Stirling, St Ninians,
Kirkintulloch, Campfie, Glafgow, Paifley.
Q. Was there any thing particular mentioned with re-
ſpect to Paiſley or the others?
A. He faid that Paifley was in a ftate of great readinefs.
Q. Did he mention any thing about any other place?
A. No.
Q. What did you underſtand by their being in readineſs?
A. I cannot tell what his orders were, I did not know
what they were.
1
{
Mr.
}
[157]
1
1
Mr Anftruther.' Q. Did you ever hear any other con-
verfation about arming?.
A. No. I don't remember any.
Q. You difapproved of it?
f
A. Yes, I did. I faid when that paper was firſt read, I
by no means agreed to any thing tending to diſturb the peace,
or tending to fhed the blood of my countrymen.
JURY. Q. Did you think fomething of that nature was
propofed ?
A The paper that he had read in my prefence led me to
think fo, in my weak opinion.
Mr Anftruther. Q. What bufinefs was it the Committee
of Ways and Means met upon the night Mr Watt propof-
ed this plan ?
A. They met upon no other buſineſs when firſt that
Sub-Committee was appointed they were to meet every
Tueſday night.
Q. Did not they do fomething that night, that he read
that paper?
A. O aye.
Q. Did he not write fome letter?
A. I do'nt recollect it.
Q. Do you remember ſeeing any printed letter figned by
Hardy in the Committee?
A. No.
Q. Then you dont know the anſwer to it? did you ever
fee a printed letter in the Committee of Ways and Means?
A. Yes I faw it in the Committee, I heard it read in
the Committee of Ways and Means.
Q. Was Mr Watt prefent?
A. He was prefent when the anſwer was wrote.
Q. Who wrote it?
A. He wrote it perfectly himſelf, and after he wrote it,
he faid he would read it over again, and he would correct
it, and I never faw it more; I have never ſeen it fince-I
think it is yery fimilar to what I faw before.
Q. Have you heard of any fet of people called collectors?
1
A. I
[
18 ]
}
1
A. I dont know what they were to do, I cannot give
any poſitive anſwer.
Q. Where did you hear it?
A. It was in the Committee of Union.
Lord Advocate. Q. Was Watt prefent when you heard
thoſe perfons called collectors mentioned ?
A. I cannot fay.
Q. Do you know of any money that was collected by the
Committee of Ways and Means?
A. Yes, the fociety of the Water of Leith gave me 155.
to pay into the Committee, for they were of opinion with
me, as I faid before, it was-to go for the benefit of Mrs Skir-
ving under the direction of that Committee, I recollect none
but that and a bill of 151. they received from Perth.
Q. For what purpoſe was that money
?
A. I fuppofe this Committee were to look into the cir-
cumftances of Mrs Skirving, and give her the money as they
thought prudent.
Q. Did you ever fee a printed paper called Fundamental
Principles ?
A. Yes.
Q. Was that the principles of your Committee?
A. The Committee, I never faw them take it up.
Q. Was it produced in the Committee?
A. Yes.
Q. By whom?
!
A. It was produced by Mr Watt.
t
!
Q. It was produced by Mr Watt in the Committee, you
then being preſent ?
A. Yes.
}
Q. Now is that the paper?
A. That is the very paper I have feen there produced by
Mr Watt.
!
(Here he was ſhewn the papers entitled Fundamental Prin-
7
ciples.).
MR BON.
t
1
1
[ 159 ]
MR BONTHORNE Sworn.
+
Mr Antruther. Q. What are you?
A. A teacher.
Q. Now take your own time-I believe you was a member
of fome Committee of the Friends of the People in the begin-
ning of this year?
A. I was.
Q. I believe you thought it right to come to a refolution
to withdraw yourſelf from that Committee?
A. Yes.
Q. About what time was it you formed that refolution
to withdraw yourself?
A. Perhaps about (I cannot pofitively fay, but perhaps a-
bout) the 17th of April.
Q. I don't want you to be particular as to a day-was Mr
Watt a member of that Committee?
A. Which Committee?
Q. That Committee you determined to withdraw your
felf from?
*
A. He was.
Q. What was the name of that Committee?
A. The Sub-Committee.
Q. Had it any other name?
A. Not that I know of, I underſtood it had another
name, but I did not hear it.
Q. What was the other name?
A. I have heard it fince I was in confinement, it was call-
ed the Committee of Ways and Means.
Q. Have you ever heard of a Committee of Union ?
A. Yes.
Q. Who choſe the Sub-Committee?
A. The Committee of Union.
Q: Who were the members of that Sub-Committee ?
A. Mr Aitchefon, Mr Stock, Mr Burke or Burt, I am
not certain which, Mr Robert Watt, I think, Mr David
Downie, Arthur M‹Ewan.
&
5
{
LORD
[160]
LORD JUSTICE-CLERK. Is that the Robert Watt ?
A. (The witnefs looking at him) Yes, and myielt.
Q. Now, Mr Bonthorne, had any thing paffed in that
Committee that induced you to come to a refolution to with-
draw yourſelf from it?
A. I thought fo, my Lord.
Q. Now, what was it that paffed in that Committee?
A. There were different things that paffed in that Com
mittee, that I could not preſently fay.
Q Did you ever hear Mr Watt, in that Committee, pro-
poſe any plan?
A. No, I never heard him propofe any plan.
Q Did you ever hear him read any plan ?
A. I have heard him read a paper, my Lord.
Q. Now, what was that paper?
A. I cannot fay what that paper was, it is a confiderable
time fince.
LORD PRESIDENT. Recollect the fubftance of it as well as
you can.
A. My Lord, if you will pleaſe to ask me a queſtion a-
bout it, I will anſwer,
Mr Anfruther. I rather with you to recollect your
yourfeif?
A. I thought my oath required me to answer questions.
Q. How much do you remember of the purport of that
paper?
A. I remember very little more about it, becauſe up
on the hearing of it, I was in fuch confufion, it has cut off
my recollection.
Q. What was the purport of that paper ¿
A. I know nothing what the purport was.
Q. What was it, as near as you can recollect ?
A. I can fly very little about it.
Lord Advocate. You are under an oath to God to tell
the truth, and nothing but the truth, if you conceal the
truth you are criminal.
LORD
161 1
!
LORD PRESIDENT. Did that paper fay any thing about
the Friends of the People rifing upon any occafion, and to
do what?
#
A. No, if I recollect, it rather went upon a fuppofition
that fuch a thing could be done.
1
Q. What was it that could be done?
A. My Lord, I looked upon the whole as if it had been
a kind of phrenzy, or fomething of that kind, and it ítruck
me with fuch confufion.
LORD PRESIDENT. You are bound to tell whatever it
was.
A. Yes, as foon as I can recollect it.
Q. Was there any thing about feizing the Caftle in it?
A. If I miſtake not, my Lord, there was.
Q. Surely you can tell whether there was or not?
A. I think there was.
Q. What was it?
A. Nothing at all that I recollect.
you
LORD PRESIDENT. It is my duty to tell you, Sir, that
are in very great danger. Every body must be fenfible
that you heard fomething, and can tell fomething, and
you are bound to tell it. I must put you upon your guard.
The Court will take it up. Did that paper contain any
thing, or did it not, about feizing the Cattle.?
A. I think fo, my Lord.
Q. What 'did it fay upon that fubject?
A. I cannot recollect, my Lord, particularly what it faid,
I juſt looked upon it as a fuppofition, that it could be
done.
Q. By whom?
A. By a number, if they could be collected; it was upon
a fuppofition that a number could be collected for the pur-
poſe.
Q. A number of whom?
A. A number of perſons.
Q. Did you fuppofe this meant the Friends of the People?
A. I fuppofe fo, my Lord.
X
+
$
C. Did
{
1
[162]
i
}
Q Did it fay any thing about feizing, furrounding, or
attacking the foldiers in the Caſtle.
A. I do not recollect any thing of that kind.
Q. Did it fay any thing about lighting a fire, or doing
any thing in order to draw the foldiers out of the Caſtle?
A. I am not certain whether there was not fome expref-
fion about the Regiſter Office.
Q. About what?
A. About raifing an alarm by fire at the Regifter Office.
Q. For what purpoſe ?
A. I ſuppoſe it was to bring the foldiers from the Caſtle.
Q. And in caſe they ſhould be brought from the Caſtle,
what do you fuppofe was then to happen?
A. I ſuppoſe to take poffeffion of the Caſtle.
Q. Did you fuppofe any attack would be made upon the
foldiers themfelves, or any attempt to take poffeffion of
them.
A. I don't remember any thing of that.
Q Was there any thing faid about the Lord Provoſt or
the Judges, or any body in power?
A. I recollect no perfons.
QWas there any deſcription of perfons, fuch as Judges
and Magiftrates?
A. I don't recollect any thing of it.
Q: Was there any thing faid about Banks?
A. Yes, perhaps, my Lord, the word Bank or Banks
was in it.
Q. What expreffion was in it ?
A. I think about feizing the Bank or Banks.
Q: Was there any thing about feizing the Excife Office?
A. I am not certain but there was.
Mr Anftruther. Was there any thing about poffeffing
themſelves of places of truft?
A. I am not poſitive of it. ·
Q. What was the general defign of the plan or paper ?
A. I cannot fay, my Lord.
Q. What was it that frightened you ſo much.
1
A. The
163 1
A. The appearance of it in general.
Q. The appearance of what?
A. Of a paper read.
Q. What fort of a paper ?
A. A paper that has been juft now quoted.
Lord Advocate. That was the thing frightened him fo
much, and induced him to leave the Committee.
Mr Anfiruther. What were the contents of that paper?
A. I have endeavoured to anfwer the different queftions.
Q. Was the purport of that paper to feize the Cafle ?
A. That I believe, I faid.
Q Was it to feize the people of note or name about E-
dinburgh? Was it to feize any body?
A. Not one, that I recollect.
Q. What were they to do?
A. Indeed I know not, it ftruck me with fuch a confu-
fion, it put me from my recollection altogether.
Q. Was any thing faid about the Guard-houſe, or about
the Baillies or Magiſtrates?
A. No.
Q. Any thing about Officers ?
A. No.
Q. Any mention of Lord Juftice-Clerk ?
A. No, not that I recollect, I believe the whole of it
went upon a fuppofition, if fuch a number were or could
be collected.
Q. What were they to do?
A. Thoſe things formerly mentioned.
Q. Do I underſtand you right, that the plan was, that if
a certain number could be collected, they were to feize thofe
places that have been mentioned ?
A. I underſtood fo.
Q. Do you recollect any thing of what the numbers were ?
A. No, I don't recollect any number.
Q. Do you know whether they were large or finall nume
bers?
A. I do not recollect the numbers.
}
X &
Q. Were
[ 164 ]
Were they large numbers or finall numbers &
A. I cannot give the numbers.
Q. Did this plan alarm you, or did it not?
A. It alarmed me.
Q. Now, tell me what was it that alarmed you in that
plan?
A. The whole of it, as far as I underſtood or heard.
Q. What did you do upon re ding that plan ?
7
A. As far as I recollect, there was a perfon that ſhewed
an oppoſition to it.
Q Who was that?
A. Arthur M'Ewan fhewed an oppofition to it.
Q. You agreed with Arthur M'Ewan?
A. I repeated the words, "No, no." I think fo.
Q. Then, the plan you faid “ no, no" to, was the fame
plan that Arthur McEwan diffented from?
A. It was the fame paper.
Q. What was the buſineſs of the Committee of Ways and
Means?
A. The Sub-committee you mean?
Q. Yes.
A. As far as ever I underflood, it was juft to tranfact the
bufinefs of the Friends of the People..
Q. Was it to collect money, or was it not?
A. No, my Lord, I did not underſtand it was to colle&
money.
Q. Do you know any thing that was written or read in
that Committee, of a paper that was afterwards printed ?
A. Name it, if you pleafe.
Q Called a circular letter?
A. I could not fay unless I faw it.
(The circular letter from the Committee of Ways and Means
A. Yes, my Lord.
fern him)
Q. You have feen that paper?
A. Yes, my Lord..
1
2
Q. Where
1
[ 165 ]
Q. Where did you fee it?
A. I think I have feen it in manufcript?
QWhere did you fee it in manufcript?
A. Perhaps in the Gazetteer office.
Q. Did you ever fee it at a meeting of the Committee?
A. It is the Committee I mean.
Q. Whofe office did you fee it in?
A. I don't know I ever had it in my hand, I was pre-
fent when it was read.
Q. Who wrote it?
A.
I think it was Mr Stock.
Q. I afk if the place where the Committee met, was in
the Gazetteer office?
A. Yes, it was.
Q. It was not there that the other paper was read ?
A. What do you allude to ?
Q. The paper that frightened you fo much?
A. It was not there, it was in Mr Watt's houfe.
LORD PRESIDENT. What did Watt do with it, after he
had read it, and you faid no, no,-what did Watt ſay?
A. If I remember right, he rofe from his chair, and put
it into a prefs.
?
Q. Did you and M'Ewan come away upon that?
A. We did not till we parted.
Q. What did you do when you went home?
Lord Advocate. Q. You fay you was very much alarmed
and confounded at the import of the paper Watt read. You
faid before you was fo confufed when you heard the paper
read, it took away almoſt all your recollection?
A.
Yes.
Q. I afk you this queftion; in confequence of this a-
larm, did you take any ftep immediately for fatisfying the
public, you was no longer an affiftant to thofe perfons?
A. No, I took no ſtep, but foon after left the meeting
altogether.
Q. Did you advertiſe in the public newspapers that you
had fo done?
A.
t
A
[166]
7
۰۲
A.
Q.
I did not.
Did you take any fteps towards doing fo?
A. Yes, my Lord.
Q. State to the Jury what ftep it was you took or ine
tended to take towards that purpoſe ?
A. The alarm this paper gave me, caufed me to refolve
in my own mind to quit the meeting altogether; and I re-
folved a few days after to make fuch an advertiſement; but
after I had done fo, an acquaintance of mine called upon
me and told me he was going a jaunt to the weft country,
and made fome application to me, and I wrote a line or two
to him to call upon Mr Watt to advance him a few Shillings.
He was an intimate acquaintance of mine, and he thought he
might be ſhort of money upon fome bufinefs he was going
about, which he did not make known to me, and from the in-
tereſt I had with him, I wrote a line or two after I had with-
drawn myſelf from the meeting altogether, to Mr Watt to
advance him a few fhillings, for which he would account on
his return.
Q How did that prevent you from taking the ſtep you
have just now ſtated? Why fhould writing to Watt to get
Watt to advance you a few fhillings for a friend of yours
who was going to the weft, prevent you doing that?
A. I had taken a farewell of all the Committees.
Q. Did you compofe any advertiſement for the purpoſe
I have just now ſtated to you? -
A. Yes, my Lord, that fame week I did.
Q Was there any particular newſpaper in which you
propoſed to infert that, was it the Edinburgh Advertiſer ?
A. It was the Edinburgh Advertiſer.
Q. You did not infert it in that, becauſe you afterwards
wrote to Watt to advance a fum of money to a friend of
yours going to the weft country &
A. Yes.
Q. Who was that friend?
1
A. An intimate acquaintance-John Fairley was his
name.
Q. A
[167]
t
Q. A journey to the weſt?
A. He told me he was going to Falkirk to fee a fifter
of his own; and he added, he propofed going a little
farther.
QAnd did he fay befides a vifit to his fifter, he had
any other buſineſs?
A. No, he did not; he told me he had a commiffion
from Watt, but what that commiffion was he did not ftate.
Q. Did he make any application to you for money to
make this journey?
A. From the intimacy between him and I, I would have
lent it him, but it was not in my power, for that reaſon I
wrote to Watt.
Q. Did you give thoſe reaſons to Fairley?
A. I did.
Q. Did Fairley leave you to go to Watt?
A. Yes.
{
Q. Did you fee Fairley after he performed the journey?
A. I did not.
:
Q. I thought you faid before he went away you did ?
A. Yes.
Q. But after he came back, did you or not meet with
Fairley?
A. Yes.
Q. Did Fairley communicate to you the names of the
places where he had been in the courfe of that journey?
A. He did not.
A. Did he mention the names of the perfons he met in
the courſe of that journey?
A. No, he did not,
Q. Did he ſtate that Watt had complied with the re-
queft for money or not?
A. He did not.
Q.
You did not afk him?
A. I did not aſk him.
Q. Would you know the advertiſement again you pre-
pared after hearing that alarming paper read, and before
you
•
[168]
}
1
1
you wrote that note of introduction to Fairley, if you faw it
again?
19
A. I certainly fhould.
{
Q. Is that the very paper? (fhewing him a paper)
A. Yes, my Lord.
Q. Your own hand writing?
A. Yes.
That paper was read as follows :
"TO THE PUBLIC,
{
Broughton, April 21.
"I William Bonthron, teacher in Broughton, was chofen
a member of the Committee of Union in March last, and
"Sub-Committee; but for reaſons of weight with me, de-
clare that I have dropped all connection or communica-
tion with the faid Committees,
" WILLIAM Bonthrone.”
Q. Is that the paper you prepared for infertion?
A. Yes.
Q Was there any particular reaſon why you applied to
Watt to advance a fum of money to Fairley for this journey,
in preference to any other perfon?
A. It was purely out of friendſhip to Fairley.
Q. I ask you why you felected Watt to be the perfon
to lend money to Fairley rather than any other perfon?
A. Becauſe he told me he was going to Watt, or was
going to receive a commiffion from Mr Watt.
Q. Did you ever hear of a man of the name of Hardy ?
A. Yes.
1
Q. In what place have you heard of that perfon's name?
A. I cannot fix upon a particular place.
Q Did you ever hear of that man Hardy in the Com-
mittee of Union or the Sub-Committee?
A. Yes, I think fo.
Q. Upon what occafion was it you heard the name of
that perſon mentioned ?
1
1
'
[
A
}
[ 169 1
A. I think it was upon the letter that he fhould have fent
if I miftake not that I heard his name mentioned.
Q. It was in the Committee that you heard his name
mentioned, and it was upon the occafion of a letter that
Hardy had fent-It was in the Union Committee or Sub-
Committee?
A. Either one or the other.
Q Was that a written or a printed letter? as far as you
recollect?
A. I do not pofitively recollect.
Q. Do you recollect whether it was written or printed?
A. I think it was a printed paper.
:
Q. Do you recollect if this Hardy figned himſelf in any
particular character?
A. I do not know in regard to his fubfcription, but I
recollect the character he went under was ſecretary to fome
Committee in London.
Q. Would you know that paper again if you faw it?
take time and look at it.
A. I think it was like this letter.
Q. But an answer was agreed upon to that letter in the
Committée ?
A. I think fo.
Q. Do you remember what particular members of the
Committee were prefent when the answer was drawn up to
this letter of Hardy's ?
A. I think, all the feven excepting two.
Q. Who were the two, that were abſent?
A. Aitchison and Burke.
Q. Do you recollect what the import of that letter was
what it related to?
A. The anſwer do you mean?
Q. Either the letter or anſwer.
A. The letter was fhewn me.
Q. What was the anſwer?
A. I don't recollect one fentence of the anfwer, but only
that an anſwer was given to it.
*
Q. Did
[ 170 J
1
Q. Did this anfwer or did it not relate to your choofing
delegates to attend a Britiſh Convention to be called in Eng-
land?
A. I remember hearing of fuch a thing but whether that
letter contained fuch a thing I cannot be pofitive, but I re-
member perfectly fuch a thing was fpoken of.
Q. Who drew the answer to the letter?
A. I think if I recollect well it was Mr Stock.
Q. Do you recollect in what manner this anfwer was to
be forwarded to Hardy?
A. Yes.
Q. How was it?
1
{
A. If I recollect Mr Stock was to take it to London him-
felf.
Q. You fay Mr Stock was to take it to London himſelf?
A. I think fo.
Q. Do you know whether Stock is gone to London, or
that he went foon after this?
A. He meant then to go a few days after by fea.
Q. Did you ever in the Committee hear of any paper
Being compofed relative to the Fencible Regiments?
A. I think fo.
Q. Who compofed that paper ?
A. I think Mr Stock.
Q: Was Watt preſent?
A. Yes, Mr Watt was prefent as far as my recollection
eads me.
Q. Look at that paper and fee if that paper be like the
paper, that was compofed in your hearing?
(The witneſs, looking at the paper ſaid,)
A. Yes, perhaps, with fome variations or alterations. I
only faw it in manuſcript.
Q. Upon the whole that is fimilar, there may be fome
variation from the paper Stock produced, and you faw in
the Committee?
A. Yes.
1
>
Q. Look
[ 171 ]
Q. Look at that, and fee if ever you faw it before, is that
your hand-writing, Mr Bonthorne ?
A. Yes, it is.
Lord Advocate. What paper is that?
A. That is a paper, my Lord, that was a minute wrote
în the Committee of Union, I did not write it in the Com-
mittee of Union, I only took a copy of it, I was ſent for
and I took a copy of it. You will fee who the original was
wrote by, by that.
}
Q. Who compofed that paper?
As mentioned, Robertfon, I think, is his name,
(That paper read as follows : )
Edinburgh, 5th March 1794.
The General Committee having met, Citizen Stock
appointed Præfes, and Citizen Robertfon, Secretary.
"The buſineſs commenced by forming a plan of organiza-
"tion of the Friends of the People in Edinburgh, Citizen
"Watt propoſed to recommend to the different Societies to
chufe a Permanent Committee to fit once a-week, and
that there should be a Committee of feven to be empow-
"ered to tranfact the bufinefs of the Friends of the People.
"This Committee to report to the different Societies, and
"that this Committee recommend to their different Socie-
"ties to chufe two or three members for this Committee,
"to meet on Tuefday next at feven o'clock, and that they
"ſhould chuſe the Sub-committee to fit the fame evening,
and report to the General Committee."
t
Q That was dated Edinburgh, 5th March?
}
A. It was juſt about the beginning of March the Commit-
tee of Union met,
Crofs-Examination by Mr. Erskine,
劈
​A
Q. At the time you left the Committee, did you not take
a new ſchool? I wish to know whether you was not forming
Y 2
a new
[ 772 ]
a new Connection in another part of the town when you left
the Committee of Ways and Means.
A. Yes, I was going to remove at Whitfunday.
Q. Did you give that as a reaſon for removing from the
Committee?
A. Yes, I did, perhaps, it was the only reafon that I
gave.
Mr Hamilton. Q. You mentioned in a former part of
your examination, that Mr Watt produced a plan with re-
gard to fome ineafures that he thought might be adopted?
A. He took fuch a paper from his pocket and read it over,
I know nothing more about it, than that he juft read it,
Whether it was a copy or not, I can't fay, he juſt read it,
without any comment upon it.
Q. How long had you been together that evening?
A. I cannot afcertain it, perhaps, a few minutes, I could
not afcertain it, it might be half an hour or an hour.
Mr Erfeine. Did Watt propofe it and prefs-it upon
upon the Committee, as a plan to be put in immediate exe-
cution?
A. No, he just read it and put it up in the prefs without
any comment upon it, as far as I recollect.
Q. Did you drink tea with him that night, or fup with
Watt?
R
A. No, I did not, as I remember. Did you fay fup?
Q. Yes.
A. Perhaps I did take a cup for fupper, or fomething of
that fort.
MR SHERIFF CLERK, Sworn,
Mr Anstruther, Q. Did you make any fearch amongſt
Watt's papers ?
A. Yes, I fearched Watt's houfe for papers, and carried
away fuch papers as I thought related to the proceed-
ings of the Friends of the People.
Q. Did
him.
you find that
paper
there? (Shewing a paper to
A. Yesa
;
[ 173 ]
A. Yes, I remember that paper was found there, and was
marked in my prefence with the initials of the perfons pre-
fent in Watt's houfe, before we left it.
Q. Was this other there? (Shewing another paper.)
A. Yes I remember this particularly.
Q. Do you remember that? (Shewing a third paper.)
A. Yes, I remember this perfectly likewife. Theſe papers
were found in Watt's houſe.
Mr Anftruther. There were three of them? The import-
ance of one muſt appear from inſpection and not from read-
ing. It is a drawing of pikes, and was found in Watt's
houfe.
Mr Clerk. A. There were papers found in three rooms.
Mr Anstruther. This is another paper found in Watt's
poffeflion. It is the paper that Aitchiſon mentioned he had
written by direction of the Sub-Committee, and fent to a
perfon he did not mention.
Lord Advocate. And the Sheriff fwears he found that
paper in Watt's houſe.
"SIR,
(The paper read as follows :)
"Laft night, at a meeting of the General Committee of
the Friends of the People in Edingburgh, a motion was
prefented by Citizen William Robinfon, in confequence
"of a repreſentation from Citizen Dr Hunter, that you
❝ wished to be informed of the ftate of public fpirits in this
"city, and that you likewife defired to have fome fubfcrip-
" tion papers forwarded to you, whereupon it was refolved
that the Sub-committee fhould be authorized to write
you; and, while they tranfmit to you the fubfcription papers,
"requeſted to inform you at the fame time that the fpirit
"of freedom, notwithſtanding all the unconſtitutional mea-
"fures lately adopted, is by no means depreffed, but like a
"fire attempted to be fmothered, increaſes ten fold, and
will, ere long, confume all thofe who attempt to extinguiſh
fit. There are many things which we might wish to write,
which
}
1
~ [174]
which perhaps, in the prefent crifis, it would be impru-
dent to commit to paper; we ſhall therefore conclude,
"with wifhing an encreaſe to the numbers of the real
"Friends of Freedom all over the Globe, and of the Friends
❝ of Conftitutional Reform in this iſland in particular.
"When you, or any of the worthy members of your Af-
"fociation have buſineſs this way, we fhall be happy to fee
you. Societies of the Friends of the People, meet every
"night except Saturday and Sunday, either at C
Philip's fchool, Calton, or C
"bertfon's fchool,
"Geo. Rofs's, Liberty Court, South Bridge.
Ro
"In name of the Edinburgh Committee of the Friends
of the People, I am, &c,
を
​"P. S. Either on Saturday, or at fartheft on Tueſday
“ next, you may expect the firſt number of the New Gazej-
"teer, which will then begin to be publiſhed in the fpirit
"of the old. Left the proprietors ſhould fall fhort of funds
" to pay the ſtamp duties, it is propofed that every ſubſcribers
"fhould pay per advance. Subſcriptions by C Geo.
"Rofs, Gazetteer Office, South Bridge, who will grant rẻ
ceipts for the money."
*Sub-Committee, April ft.
"Reſolved, That Mr Reid, the former treaſurer, be re-
*quefted to continue in his office, fubject to the reftricti-
ons to be hereafter laid down.
16
"Refolved, That till his determination be known,
be requested to take charge of the monies which
"may be received by the Committee this evening.
"MINUTES.
"Report of the Committee of Correſpondence given in,”
"From the Canongate Society, No 3, received the fum
"of one pound, ten fhillings and three pence half penny,
"which is hereby placed to their credit.
DAVID DOWNIE."
<
F
"Regulations
[ 175 1
Regulations of the Sub-Committee, with refpect to the Tred
"furer."
"April 1. 1794•
"All monies that ſhall be paid into the treaſurer's hands,
"from this day, fhall be applied to ſuch purpoſes only, as
"the Committee of Ways and Means, for the time being,
"fhall direct.
"The treaſurer fhall give a receipt to the faid Commit-
"tee, for what monies he may have received from them.
"The treaſurer fhall not give up any part of the faid
"monies, on any pretext, except on a requifition, figned by
"four members of the Sub-Committee, and fpecifying the
"fum wanted."
Mr Anftruther.-Part is in Aitchiſon's hand, and part by
fomebody elſe, we don't know. It was found in Watt's
poffeffion.
་
JOHN FAIRLEY Sworn,
Examined by Mr SOLICITOR GENERAL.
Q. What is your business?
A. A wright.
Q. Where do you live?
A. In Broughton.
Q. Is there a fociety of Friends of the People there?
A. Yes.
Q. Was you a member of the Britiſh Convention that
met laſt year?
}
A. Yes.
Q. Was you a member of that Convention, when it was
diſperſed by the Lord Provoſt, and other Magiftrates of this
city?
A. Yes.
Q. Did the members of the Convention meet after that?
A. Yes.
Q. Can you tell when it was?
A. I
}
£ 196 ]
A. I think it was in the month of December:
Q. And you fay your fociety continued ſtill to meet after
that Convention was diperfed?
A. Yes.
}
Q. Was you chofen in any office after the diſperſion of
the convention? was you made collector ?
A. Yes, I was.
QExplain what was the meaning of this office of collec-
tor-what was you to do?
A. When I came into the Broughton fociety (I never
heard of the collectors before) they were juft choofing; they
had chofen one and beginning to chooſe another, and they
chofe me.
I aſked the bufnefs, Mr Bonthrone came for
ward and told me they were to collect money and to collect
fentiments.
Q. By fentiments do you mean ſenſe of the people ?
A. What I underſtood by it was, that there were a great
many of the focieties who were as warmly attached to the
cauſe as ever, but on account of buſineſs, could not give at-
tendance regularly, but at the fame time were fo attached as
to contribute money for the expences; that was the reaſon
of having collectors; and for the collection of fentiments.
Bonthrone faid, we want to know who will be for procuring
Univerfal Suffrage and Annual parliaments; there were two
collectors for our fociety.
Q. Did the other focieties appoint collectors alfo ?
A. I underſtand fo, but I could not attend any other fo-
cieties but my own; there was one or two meetings held.
Q. Who was chofen prefes of the meeting of collectors ?
was you?
A. Yes.
Q. Was you chofen prefident of the Committee of Union?
A. No, I was not.
Q. Do you know that there was a Committee of Union,
and of Ways and Means that met at George Rofs's?
A. Yes, there were Committees that went by that de-
fignation, but I was not at the founding of them.
Q.
t
1
[ 179 -]
6. Had you any occafion to do bufinefs with the Coma
mittee of Ways and Means?
A. I was twice at the Committee of Ways and Means.
Q. Among other perfons, was Watt prefent when you ata
tended there?
A. Yes, I think he was there.
Q. Pray, Mr Fairley, had you any occafion to have any
converfation amongſt yourſelves about the Friends of the Peo-
ple arming themſelves, foon after you was appointed collec-
tor, or about that time ?
A. Had we converſation about arming?
Q. Yes, about arming the Friends of the People?
A. I never heard any thing about arming the Friends of
the People. I heard there were ſome pikes getting ready.
Q. Was you well acquainted with Watt, and when did
you firft become acquainted with him?
A. It was not very long before I was apprehended, that
I became acquainted with him.
Q. Did Watt call upon you reſpecting theſe pikes?
A. Yes, Mr Watt called upon me.
Q. Did Mr Watt mention to you any thing about a num-
ber of pikes having been provided, and what number ?
. A. I could not fay that he mentioned any thing about
the number I don't recollect Watt fpecifying any particua
lar number of pikes.
Q. Did he mention that any had been preparing? What
I aſk you again is juſt to mention what converfation paffed
between you and Watt relative to the pikes-Did he tell
you there were pikes preparing for the uſe of the Friends of
the People?
A. He fhewed me ſome pikes firſt.
Q. Had he ever mentioned the fubject to you before?
A. Yes, we had ſpoke about this fubject before.
Q. Did Watt come to your shop and make a drawing of
a pike in your prefence ?
A. Mr Bonthrone had been talking about it. I don't know
whether I drew a plan of the pike according to the defcrip
$
Z
tion
}
[ 178 ]
tion I had from Sheffield Bonthorne faid I might draw
one and he would take it-I met with Mr Watt in the
ſtreet one day and I was telling him I had been mentioning
to Mr Bonthorne my drawing fome-I cannot fay what an-
fwer he gave me; but fometime after he came to my fhop
and defired me to draw one-I fcratched one upon a flate
-I told him I would draw two or three, upon a piece of
paper and bring it up to Mr Watt.
Q: Did
you accordingly do fc-look at thefe drawings and
fee if you know them-Are thofe the drawings you made for
• Watt?
A. I think they are.
+
1
Q. Thefe are the defigns found in Watt's poffeffion-
Now, Mr Fairley, at the time when you carried this paper
to Watt containing the drawings of thefe inftruments, what
converſation had you with him upon the fubject of pikes
and arms, and in what manner were they to be uſed? tell
all you know to thefe gentlemen.
A. Fcannot remember every particular converfation we
had about pikes.
}
Q. Did he mention to you what uſe was to be made of
them, by putting them into the hands of the people?
A. He faid they were intended for felf defence.
Q. And did he tell you they were intended to be
the hands of the Friends of the People?
put into
A. Mr Watt faid to me there was no perfon to get then
But fuch as wanted them and would pay for them.
Q. Did you exprefs any fear of bloodfhed upon this oc-
cafion? did you fay any thing to Mr Watt about what was
ſaid? did not you fay you were afraid of bloodſhed ?
A. He faid they were intended for felf defence.
Q. Did you fay any thing at all about bloodſhed, and
what anfwer did Watt make upon the occafion? did you
fay any thing about your fear of bloodfhed when you heard
of thefe weapons being mentioned ?
15
A. Watt and I were once talking together about dif-
ferent things I could not fay the particular words, but I
will
}
[ 179 ]
will tell you the meaning-I was expreffing my fears that
the preſent meaſures of Government would drive the pep-
ple to defpair, and I was afraid for the confequence-I
could not fay what the particular words were, it was fome-
thing to that purpoſe.
Q. And what did Watt fay?
A. He faid, he hoped there would be no bloodshed.
Q. Did he ſay the plan could be executed without blood-
thed?
A. I don't recollect the particular words now; it is the
fubftance. Nobody can remember words. When I was
expreffing my fears for the confequences, he faid they would
bé imprifoned.
Who would be impriſoned?
A. Thofe, I underſtood, that were moft active againſt the
Caufe of the People.
Q. Who faid fomething of your apprehenfion of blood-
ſhed? repeat what you faid juſt now about certain perfons
being ſeized.
A. All I recollect is, I was afraid the preſent meaſures of
government would drive the people to defpair, and I was
expreffing my fears for the conſequences.
Q. What did Watt ſay?
A. He faid he hoped no blood would be thed, for they
would be imprisoned.
Q. Who were they that were to be impriſoned?
A. Thoſe that were most active againft the Caufe of the
People.
Q. Pray, Sir, did you fay any thing at all about the fol-
diers being any obftacle to completing your plan; and what
did Watt fay about them?
ย
A. I could not fay; I might be faying fomething about
the foldiers,—that if they had any fears about an extremity,
I would not be for offering any violence to the foldiers,-
would juft fpeak to them, and I hoped there would be no
eccafion for violence.
Q, What did Watt fay?
N
Za
}
A. I
E 180 ]
A. I don't recollect what.Watt faid.
Q. Recollect as well as you can.
A I cannot recollect the particular words.
Q. But the fubftance, as well as you can, about the di-
ſpute between you and the foldiers?
A. I think all that was faid about the foldiers, was, that
I faid, I would be juft for ſpeaking to them, for they would
be as glad of freedom as we would be.
Q. Was it after your enemies had been imprifoned, that
this was to happen, you were to ſpeak to the foldiers ?
A. I had given my opinion to Mr Watt; I never heard
it before; I gave it as my opinion.
Q. Was there a deputation to be fent to the Caſtle?
A. I juft faid, if meafures came to an extremity, and
that the foldiers were called out against us, and there would
be reaſon to fufpect they would, I would juſt ſend up fome-
body to ſpeak to them, whether in or out of the Caftle,
Q. To prevail upon them to do what?
A. To ſpeak to them, fo that they might not harm us.
Lord PRESIDENT.-I ſhould be glad to know, when the
witneſs faid, that the foldiers would be as fond of freedom
as they were, whether it was his meaning, that there was
any body in this country not free?
A. My Lord, the cauſe in which we were engaged, was
for procuring Univerfal Suffrage, and Annual Parliaments,
and till that was obtained, I thought it was my right, as a
fubject of a free ftate, to have a fhare in the reprefentation
of my country; and I confidered, if I had it not, I was not
free.
Q
You mean then, that you were entitled to oppoſe thoſe
who were againſt Annual Parliaments and Univerſal Suff-
`rage?
A. I did not fay fo.
Q Did Mr Watt propofe any thing violent with refpect
to the foldiers?
A. There were reports going, that the Friends of the
People were to be attacked,-and different things.
Q. What
[181]
}
Q. What things?
A. There were reports going, that the Friends of the
People were to be attacked,-and different things, and, we
did not know in what manner, and I juſt gave it as my o-
pinion, if matters came to that extremity, we had reafon to
expect the foldiers would be called out if they were, I
would be juſt for ſpeaking to them.I cannot fay the exact
words.
Mr. Solicitor General. The prifoner I fuppofe means to
afk a queſtion, but he had better wait till our examination
is over.
COURT. He muft wait; you will be allowed to aſk any
queſtion when the examination is over.
Mr Solicitor General. Q. Had you any converſation with
Mr Watt about this plan of feizing thoſe enemies of the peo-
ple? Was there any propofition made for feizing them in
different parts of Scotland at one time?
A. I don't recollect faying they were to be ſeized in dif-
ferent parts of Scotland at one time.
COURT. The Court does not hear you.
Q. You heard that queſtion, give me the anſwer to it?
A, I have ſome idea of fomething being mentioned, tho'
I cannot be quite fure of it. We entered into a fort of con-
verfation. I cannot fay exactly what I faid, or what he
faid.
Q. Was there fomething faid about Couriers?
A. Yes.
Q. After feizing upon theſe people, you were to fend
Couriers to all parts of the country about what had been
done?
A. I think there was.fomething of that kind mentioned.
Q. Was any thing mentioned about what the collectors
were to do?
A. Mr Watt once faid to me he would' give me ſome of
the arms to fhew the collectors.
Q. Theſe were pretty important converſations?
1
A. I
[182]
A. I mean to ſpeak fairly. I cannot recollect what I faid.
Mr Anftruther. We don't want the very words.
Lord Advocate. The fubftance and purport of what you
faid, to the best of your recollection, at the time when Watt
propofed fhewing the ar ns to the collectors?
A. We talked about it at different times; it was Mr
Bonthron who firft talked to me about fhewing them to
the collectors; and Mr Watt fhewed me fome, and my an-
wer was, there was no harm in fettling any thing by way of
merchandize, and that expreffion he understood relative to
the pikes.
Q. Did Mr Watt accordingly fhew the collectors fome of
the inftruments?
A. I could notfay whether he fhewed fome to them or not.
Q. Did he ſhew them to you?
A. Yes.
Q. Where were they?
A. In his own houſe.
Q. What were they like?
A They were not exactly like thefe.
(looking at fome pikes on the table)
Q Look at thofe pikes.
A. I cannot fay whether they were them or not, they
were made after that form.
Q. Did he defire you to carry them any where to fhew
any body?
A. It might be at that time, he faid he would give them
to me to fhew the collectors.
Q. Did you ever carry any to Rofs's ?
A. No.
Was you ever afked to carry any to Rofs's?
A. I fhould imagine it would be at that time when they
were given to me to fhew the collectors. I underſtood I was
to take them to the collectors.
Q, And what were the collectors to do?
A. I was only to fhew them to the collectors, and the
method I was told was-I was to fhew them, and if any
perfon
}
( 183 )
perfon aſked, would I fell one of thoſe, I would have done
it, if no perſon afked, I was to bring them back; if any col-
lector faid they wanted fuch an inftrument, I was to give it
him. I was to fell them if not, I was to bring them back
to Mr Watt's.
Q. Did you accordingly do fo?
A. No, I did not.
Q. What was your reafon for refufing to carry thefe
articles of merchandize and allowing them to buy them if
they choſe?
A. I made fome objection.
Q. Then you muſt tell to the Court and Jury what that
objection was-you cannot have forgot it.
A. I do not recollect what the objection was, but the fact
of the matter was, I did not wiſh to take them.
Q Why did you not wish to take them ?
A. I did not take them at that time.
Q. Did you take them at any other time?
A. No, I did not.
Q. What was your objection? I know you did not take
them at that time, you fay that you had an objection.
A. Becauſe none of the Collectors had aſked me, and I
wanted to ſpeak to the Collectors before I would think of
doing it.
Q. Then did you ever ſpeak to any one Collector upan
the ſubj &t?
A. I do not recollect.
Q. Then I put this queſtion to you.
Was the reafon
why you objected to carrying thofe p kes from Watt's houfe
to the collectors. that you thought it unſafe and dangerous
for you to do fo? Now, anſwer this queſtion, was it, or was
it not?
A. I did not wish to take them.
Q. Was it for the reaſon you have heard mentioned ?
No anſwer.
Lord Advocate. You can fay whether it was, or not the
reafon ?
A. I did not think myfelf of doing any harm with them,
but
1
}
[ 184 )
but I did not wish to take them to the Collectors, they
would juſt have faid that I had been bringing them for the
purpoſe of diftributing them.
LORD PRESIDENT. If the Collectors wifhed to have them,
you were to fell them; was there any price fpecified ?
A. I don't recollect any, I fuppofe it was whatever price
they propofed.
Lord Advocate. Did Watt tell you the coſt?
A. No, he did not.
Q. Is it a common trade for people to fell articles of that
fort exactly at the price they coft ?
No anfwer.
COURT. Had you no profit upon the trade?
A. I had an objection.
Q. What objection?
A. That although I thought no harm in it myſelf, if I
took them, they would be faying I wifhed to impofe on
the Collectors before they aſked me.
Q. Pray, was you ever fent to the weft country by the
Committee of Ways and Means?
f
A. Whether I was fent by the Committee of Ways and
Means, I know not. I was going to the weft country to fee
a friend of mine at Airth. The night before I fet out, I
had been in company with Mr Bonthrone, who faid, he had
a letter or fomething of that kind to fend to Borrowftounnefs.
I told him I was going to the weſt, and would take any
letter for hin. The next morning I went to Mr Watt's,
and told him I was going to the weft country, and aſked if
he would give me a letter; he faid he would. I faid, whatever
I had to take for him, he was to leave at Mr Campbell's the
hatter at the Luckenbooths, and I would get it, in caſe he
was not in at the time I went away. I went to Mr Camp
bell's the hatter, and got a parcel to be carried weſt,
Q. What did that parcel contain ?
A. There were different copies of papers.
Q. Would you know them again, look at that paper,
was that one of the papers in the parcel ?
}
啻
​1
A. f
[185]
}
1
A. I think it was one of them.
Q. Was there any more than one copy ?
A. I cannot fay the number.
Q. Might there be ten or twenty ?
A. I can fpeak to upwards of ten, but I cannot ſpeak to
the number.
Q. Look at this other paper?
A. I think that was another paper.
Q. Had you more than one copy of this other paper
A. Yes.
Q. Might there be ten copies of them ?
A. Yes:
?
Mr Anftruther. Gentlemen, they are papers that have
been proved by a variety of people, but have not yet been
read.
Mr Solicitor General. Q. How was you to difpofe of thoſe
papers
A. He faid
Q. Who faid?
A. I called upon Mr Watt before I went to Mr Campbell's,
and aſked if he had left it, he faid yes, he had left fome-
thing for me yonder, at Mr Campbell's, which I would
know what to do with.
Q
What was it you was to do with them?
A. That was what Watt faid to me, I knew what to do
with them.
Q. What was you to do with them?
A. I will tell you what I did, I called upon different peo-
ple in the west country.
Q. At what different places of the weſt country?
A. At Queensferry Stirling, Saint Ninians, Kilfyth,
Kirkintulloch, Campfie, Glafgow, Paiſley, and Falkirk.
Q. What did you do at all thofe places?
A. I gave them a copy of each of theſe.
Q. You give a copy of each of thefe, at each place you
have named?
A. Yes.
A a
Q Had
}
Q. Had
the weſt?
you any
( 186 )
written inftructions when you went to`
A. In the fame parcel there were two bits of paper.
Q. What were they?
A. Inftructions. It is fo long fince I don't remember
particularly.
Q. But the fubftance?
A. The fubftance was to correfpond with Mr Downie,
and to fend money to him.
Q. Where were they found?
A. In the packets he left at Campbell's.
Q. There you found written instructions?
A. In the parcel.
Q. What did you do with the written inftructions?
A. I returned them to Watt.
Q. After your return from the Weft?
A. Yes.
Q. When did you first open this packet?
A. I opened it firft at the Queensferry, and then found
thefe inftructions.
Q. Who was this Campbell? was he a member of the
British Convention?
A. He was,
Q. Was there any thing. mentioned about founding the
fenfe of the people?
A. Yes.
Q. Upon thofe plans you had been formerly talking with
Mr Watt about, regarding a Grand Plan; recolle& yourſelf,
the queſtion is plain.
*
A. I could not fay, he fpoke about founding. I think
there was fomething about a number of patriots, there was
fomething about that.
Q. Now, in all the different places did you enquire for
the patriots, to take an account of the number?
A. I never aſked about any number.
Lord Advocate. Now, Sir, you fay Watt told you, you
would find a parcel at Campbell's the hatter's, and you found
one.
>
one,
[187]
[ 187
Did Watt tell you any particular towns in the west,
to which you were to go?
A. No, he did not.
Q. Did that paper of inftructions contain the names of
any particular towns or places to which you were to go?
A. I don't recollect getting any names.
Q. Then it was perfectly left to you to go to any place
you pleaſed in the west of Scotland ?
A. I fuppofe it was left to my own diſcretion.
Q, Did any perfon recommend you to go to Borrowſtoun-
nefs?
A. I do not recollect any more about going to Borrow-
ftounnefs than what I have faid.
Q. Did you go to Borrowftounnefs?
A. I went first to Stirling, and came through Borrow-
ftounnefs in coming back.
Q. You was in Queensferry? Did you ſhow any of thoſe
papers in Queensferry?
A. No, I did not.
Q. Did you diſtribute any in Stirling?
A. I think I did,
Q. Did you or not? I will not take that anſwer,
Ą. I think I gave fome in Stirling.
Q. You did not leave any in Queensferry?
A. Becauſe I did not fee any perfon there in particular.
Q. Had you any particular perſon that you was directed
to at the Qeensferry ?
A. No, I had not. I had an acquaintance at Queensferry.
Q. Then you went to Stirling?
A. Yes.
Q. Did you or not give one or more of theſe papers to
any perſon in Stirling.
A. Yes, I gave them to all the folks I called at.
Q. Now, Sir, do you, upon your oath, recollect the name
of any fingle perſon in Stirling to whom you gave that pa-
per?
A. There was a Dr Forreft, and there were two or three
A a 2
more
413
1
← 188 )
more there, I gave one or two. I juſt gave them in the
morning.
Q. In whofe houſe was it you gave the papers to Dr For-
reft and the others?
A. It was in Dr Forreft's Houſe.
Q. Pray had you ever feen him before?
A. No.
Q. Then how came you to go to his houfe?
A. I had heard him ſpoken about before in Edinburgh.
I aſk you-was it not in the Committee of Ways and
Meaus Dr Forreſt's name was mentioned?
A. D. Forreſt's name was not mentioned to me there.
Q. Was it Mr Watt that mentioned the name of Dr For
reft to you?
A. No, Sir.
Q. Do you fay that upon your oath ?
A. Yes.
、
Q. Did you mention to him any thing with reſpect to
the Committees that were eſtabliſhed in Edinburgh?
A. I fuppofe that letter would tell him.
Q. Did you do it yourſelf?
A. I ſuppoſe I might tell him fo.
Q. D.d you afk of Forreſt the number of Patriots in Stir-
ling?
A. I could not fay whether I aſked him the particular
number or no—I aſked him how the fociety was flourish-
ing there or fomething of that nature,
-Q. D'd you ask him any thing elſe about the Society?
A. I do not recollect aſking him any thing more about it.
Q. Do you not recollect aſking him any thing elſe?
A. Other perfons were prefent in Forreft's houfe at that
țime
QWho were thoſe perſons-do you remember them?
A. Doctor Forreft went with me and got them-I think
there was one of them they called Thomſon.
Q. How many were there of them ?
A. There were two or three befides that Mr Thomfon.
Q. How
[ 189]
1
-
How long might you remain in company with theſe
perfons?
痛
​A. We might be there an hour or two.
Q. Did you underſtand thefe perfons to be what they call
Patriots or Friends of the People?
A. Yes.
1
Q. What was the fubftance of your converſation in ge-
neral ?
A. They would begin with the news of Stirling, and I
was telling them the news of Edinburgh.
Q. Do you recollect in general any one circumſtance re-
lative to the Committees in Edinburgh which you ſtated to
Forreft, and Thomfon, and others?
A. I have no doubt I would tell them about the Com-
mittees, but I fpoke to Dr Forreft about the plan I have
already told you,
Q. What was that?
A. About imprifonias thoſe that I have already ſpoke of,
Q. Well what did Forreſt ſay?
A. I am fure i do not recollect what he faid.
Q. Did Forreſt fay any thing in reply ?
A. I do not recollect.
Q. You mentioned that plan to Forreſt?
QA. Yes, I mentioned it to him.
Q. Did you mention any thing in that company with re-
ſpect to the plan of arming in Edinburgh, whether for ſelf
defence or any thing elſe?
A. I may have told them that I heard the Friends of
the People had offered their fervice to the Duke of Buc-
cleugh or fomething of that foit-I might alſo have told
them what was done in Perth,
Q. While talking to Dr Forreſt or any one elſe, did you
or did
you not draw upon paper or upon the table in com-
pany with one of thefe men in Sling a drawing of that
pike or battle-axe fimilar to what you had feen in Edin-
burgh? take care before you give the anfwer, it is very ma-
terial you ſhould take care.
A. I
( 190 )
A. I recollect it-I believe I did.
Lord Advocate-He now recollects in confequence of a
fpecific queftion I put to him-he recollects making a
drawing of thofe weapons which he had feen in Edinburgh
to fhew Dr Forreſt.
Q. Where did you go to from Stirling?
A. I went to St. Ninians.
Q. Who did you ſee there?
A. A Mr M'Crofs.
Q. What is he?
A. A minifter.
Q. Did you fhew him any of the papers or leave a copy
with him?
A. I read it to him and as far as I can recollect I left par
pers with all the gentlemen.
Q. Was M-Crofs a relief minifter, or minifter of the pa-
rith?
A. A relief minifter.
Q. Pray, was M'Crofs an acquaintance of your's before
that period?
A. No, he was not.
O. Did you ever fee him in your life before?
A. No.
Q. How came you to go to M'Croſs?
{
A. It was fome of the folks of Stirling gave me a direc
tion.
Q. You went to Kirkintulloch or Campfie or St. Nini-
ans; pray, whom did you call on there?
A. I called upon a Mr M'Ewan a minifter, and Mr
Wheeler a minifter, a relief minifter.
>
Q. Did you ever ſee them before?
A. No.
Q. Who directed you to them?
A. I think it was Mr M'Croſs-the man at St. Ninians.
Q. Where did you go next?
A. I went to Campfie.
Q. To whom there ?
1
A. I
[
191 j
A. I do not know the names of any in Campfie, Mr
M'Ewan went with me.
Q. What kind of people did you wish to be introduced
to ៛
A. The Friends of the People.
Q. You went to Glaſgow and Paifley at laft?
A. Yes.
Q. Was that the utmoſt extent of your tour? you went
no further weft ?
A. No.
Q. Had you any acquaintance in Paisley before?
A. No.
Q. And who did you go to there ?
A. I called firſt at a Mr Hafty's there.
Q. Was he a Friend of the People?
A. Yes.
Q. Was he a member of the Britiſh Convention?
A. Yes.
Q. And you left papers with him?
A. Yes.
Q Now, after you was at Paifley what did you do next,
did you come home again ?
A. Come home? I came to Glasgow.
Q. Why not to Edinburgh? why not ſtraight home ?
A. I came home by the Canal, but did not call on any
body, and came home to Edinburgh.
Q. When you came back to Edinburgh where did you go
Erft?
A. Straight home to my father's.
Q. How long did you remain at home?
A. Juft a fhort time after reſting.
Q. Where did you go then?
A. To the Committee of Ways and Means.
Q. Was it the ufual night of the Committees meeting?
A. Yes.
. Did you find any of them affembled?
A. Yes.
1
Q. Whe
( ìóż j
Q. Who were they that were affembled ?
A
A. Thoſe that were there, were Mr M'Ewan, Mr Dow
nie, and Mr Watt.
Q. You remember thoſe three?
A. Yes.
Q. Now Sir, did you report to them the refult of your
journey?
A, Yes.
Q. Did you give any one of them the inftructions you
had found encloſed in the packet you received at Campbell's ?
A. Not at that time, I gave them to Mr Watt fome days
after.
T
Q Did you, after your journey was over, or on your
way, or in the Committee, make up a lift of the places and
perfons to whom you gave thofe papers, whom you had feem
in the courfe of your embaffy?
A. I took a lift as I went along.
Q. What did you do with that lift?
A. I gave the lift to Mr Watt alfo.
{
Q. You talked of inftructions you found in that packet,
was there any other paper you found in that packet, differ-
ent from the two copies you intended to diſtribute?
A. There was another paper, authorizing me to call at the
focieties.
Q. Did you fhew that paper to the different focieties you
faw in the courſe of your rogreſs, as your warrant ?
A. I never was in the focieties, but I fhewed them to the
perfons I ſpoke with.
Q. Do you remember what the general purport and te-
nor of that commiffion was?
A. It was juft defiring me to call at them.
Q Do you recolle& any thing elſe in it ?
A. It just directed me to call at them, and tell what I did
when I came back again.
Q. Was the purport of this commiffion, that they might
pay credit to you, and receive you?
A. I fuppofe fo.
Q. Was
[ 193 ]
Q. Was that commiffion figned by any perfon or perfons?
A. I don't recollect it being.figned by any períon or per-
fons.
Q. You don't recollect whether it was figned or not?
A. No.
Q: Do you recollect whether it was fealed or not?
A. There were feals at it.
Q. Were there no names oppofite to thoſe ſeals?
A. No. Not as I recollect.
Q. When you vifited perfons in the courfe of your jour-
ney, whom did you state your authority to come from?
A. I faid it was from the Committee of Ways and Means,
and it was fealed.I underſtood it was fomething to that
purpoſe.
Q. And the people you fhewed it to, thought fo too?
A. Yes.
Q. Whom did you give that commiffion to ?
A. I gave it back to Mr Watt alfo.
Q. After your return?
A. Yes.
Q. Pray, Sir, did you defray the expence of this journey
out of your own pocket, or out of what fund?
A. I received from Mr Downie, about 30 fhillings.
Q. By whofe order did you get that money?
A. Mr Bonthrone gave me a line to Mr Watt, and Mr
Watt gave me a line to Mr Downie, and Mr Downie gave
me the money.
Q. Look at that paper, and refreſh your memory.
A. That is the lift I gave in to Mr Watt.
Mr Anftruther.—Is that your hand writing?
A. Yes. It is my hand writing.
Q. What is that a liſt of?
A. Some of the folks I did, and fome of them I did not
call at.
Q. Did you call at all of thofe placès?
A. No. I did not call at any other of the places, than
what I told you.
は
​B b
Q. For
1
}
1
1
( 194 )
Q. For what purpoſe did you make out that lift?
-A. I made it out that they might be correſponded with.
Q. Who were to correfpond with them?
A. The Committee.
Q. Now, this is your hand writing, is it?
A. Yes.
Q. Now, read the two firft lines?
Lord Advocate. Begin at the top and read the three or
four firſt lines legibly and audibly to the Jury.
A. "Stirling, fupport by money."
Q. Tell me what word that is that is next to money?
A. It is a blank.
Q. What is the meaning of that blank? there are three
letters and a ſtroke between them, ſee what it is and make
it out from them?
A. I fuppofe t is "courage."
Lord Advocate. Read it on now.
Witness. "Stirling, fupport by money, courage not great.”
Mr Anftruther. Gentlemen, there is S――g, which he
hath filled up with the word, Stirling; then it goes on,
fupport by money, at full-length; then follows C▬▬ge,
which he tells you, means courage; then he tells you the
line would run: Stirling, fupport by money, courage not
great."
Q. What do you mean by courage not great? perhaps
that paper may refresh your memory as to what paffed with
Forreft and the reft; tell me what is the next word, you fay
there is Stirling, fupport by money, courage not great; what
comes next?
LORD PRESIDENT. What paper is that?
Mr Solicitor General. It is his own report, it means Stir-
ling, fupport by money, but courage not great.
Mr Anftruther. Tell me what is the next word.
A. I tuppoſe it means "fupport."
Q. Cannot you tell us?
A. It is a blank.
Q. You
1
(
195 )
Q. You have filled up two blanks after a little difficulty,
how fil!
up that.
A. That is "fupport," I ſuppoſe.
And what are the words that are next?
A. Not certain."
Q. There are two other little words?
A. "Support as yet not certain."
A."
Q. Then the first beginning of this paper delivered back
to Watt is," Stirling, fupport by money, courage not great,
"fupport as yet not certain." Now, tell me, why did you
leave thoſe three words blank?
A. I left them blank.'
Q. Why did you leave them blank? was it, that it was
not very ſafe to fill them up?
No anfwer.
Lord Advocate. Q. Give an anfwer to the queftion, tell
us whether your reaſon was, that you thought it not fafe or
what? fay one thing or the other.
You
A. I did not like to be writing that in the lift.
Mr Anftruther. The jury will look at the names.
have faid there were two papers in this bundle, one your
com miffion, the other your inftructions?
Q. Did you ever ſhow thofe inſtructions to any body?
A. I fhewed them to the different people I called upon.
Q. Did
you fhew your inftructions to D: Forreſt?
A. Yes, I fhewed them to all the people I called upon,
and fhewed them to him among the reft, no doubt.
Q. You fhewed your commiffion to Dr Forreft-and all
the reft ?
A. Yes.
Q. Do you recollect no more of thoſe inftrutions than
you have told us? becaufe if you do, I defire you to tell them
now-if you do not, fomebody elfe will.
Lord Advocate. Take care what you fay, they all faw your
inftructions.
Witness. Thoſe inftructions I think ſpoke fomething a-
bout a plan, but I do not recollect the particular words.
`B b z
Mr
>
}
}
( 196 )
Mr Anftruther. I don't want them; I don't defire the
particular words: but tell me what the general purport of
your inftructions was, as far as you recollect, and what plan
it was it referred to?
A. I did not fay, the plan.
Q. What did it faý about a plan ?
A. It was fpeaking about a plan, but I cannot ſpeak the
words. I have it in my idea, it ſpoke fomething about a
plan, but I cannot fay.
Q. Did it call it a great plan, or a grand plan, or ſome-
thing like that-did it or not?
}
A. I have an idea of that word being in, but I cannot tell
exactly that there was the word grand plan.
QWhat was the grand plan to do?
A. What that was to do, I could not tell.
Q. Was it to fettle every thing?
A. I do not mind of its juft fpeaking in that way.
Q. What did you underſtand it to mean at that time,
when a plan was mentioned in your inftructions?
A. I understood Mr Watt fpeaking to me.
*
Q. But what did you underſtand it to mean?
A. It might be that plan Mr Watt was telling me.
Lord Advocate. You will fee what he fays, half an hour
after afking the queſtion.
Mr Arfirutker. Did it fay any thing about the Commit-
tee of Secrecy?
A. It fpoke fomething about a Committee.
Q. What fort of a Committee?
A. It fpoke about, I don't know whether it was fecret
or not; it is impoffible, I cannot keep in my mind every
thirg.
Q. What did you fay about a Committee? try it again.
A. I have fome idea that it ſpoke ſomething about a Com-
mittee of Secrecy.
QDid it fay any thing about Britain being free? you
have told us that it fpoke about the grand plan which Mr
Watt fpoke about-did it tell any thing about being free?
Loxd.
[ 197 ]
Lord Advocate. Say yes or no, which ever you like.
A. I think I remember of its faying fomething about that.
Was Britain to be free when that plan was executed
or not? was the plan you mentioned before to be MrWatt's,
was that the plan that was to make Britain free or not?
A. I tell you what I remember, viz. about its fpeaking
fomething about thoſe things, but I cannot fay what.
Q. Did it fay Britain was to be free; what was it, that
was to make Britain free, was it this plan or not?
-A. I cannot recollect the expreffions.
Lord Advocate. Q. What was it that was to makė Britain
free, was it the grand plan?
A. It faid fomething about it.
Q. What was it that was to make Britain free-the fub-
ftance-the fenfe ?
A. I think they were different fentences as far as I could
make them out.
Q. What was the fenfe of all th different fentencės ?
A. It faid they hoped Britain would be free, fomething
of that kind.
Q. But you cannot fay whether the plan was to do it or
not?
A. It did not fay, whether the plan was to do it or not,
it might mean that.
Q. Who were the Committee of Secrecy to correfpond
with?
A. They were to correſpond with Mr Downie.
Crofs Examination by Mr Hamilton.
Q. I wish to know, Mr Fairley, did Mr Watt at any time
fay to you he had any intention of maſtering the foldiery
any where, of making himſelf maſter of the foldiers? you
mentioned in the former part of your depofition you had
fome apprehenfion about the foldiers, and Watt faid he had
no fear, and he conceived there were a great many friends,
and repeated it. I wish to know whether Watt expreffed
himfelf
}
[ 198 ]
himſelf fo, that he propofed the foldiers fhould be got the
better of?
A. - I don't recollect his ever faying any thing about getting
the better of the forces.
Mr Erskine. I think he faid he made the tour of thoſe
different places without any inftructions from Mr Watt, but
merely of his proper motive. I wish to know if you have
not fworn this?
A. He gave me no inftructions.
Q. You laid you had no inftructions to go to all thoſe
places?
A. I just went and told them to correfpond with Mr
Downie.
DR FORREST Sworn.
Mr Anftruther. Q. Where do you live?
A. In Stirling.
Q. You are by profeffion a furgeon?
A. Yes.
Q. Do you know a perfon of the name of Fairley?
A. A perfon of the name of Fairley called upon me fome
time
ago. I am not abfolutely certain, I think about the be
ginning of May laft I think Fairley called upon me then.
Mr Anftruther. Give the anſwer to the queſtion, Dr For-
reft.
Q. Did Mr Fairley produce to you any written or printed
papers?
A. A written paper he produced, after talking of fome
little matters of indifference.
QIn what manner or character did Fairley introduce
himſelf to you
?
A. He faid he was defired to call upon me by a" Mr Bell
of Edinburgh.
>
Q. What was the general purport of the converfation?
A. I cannot recollect at this diſtance?
QDid he tell you for what purpoſe he came to Stirling?
A. I
}
t
[ 199 ]
A. I think he mentioned it was with a view to fhew in
what fituation the fociety was.
Q. You mean the fociety of the Friends of the People?
A. The Friends of the People, my Lord.
Q Did he flew you any written paper?
A. He gave me three copies, of the number I am not
abfolutely certain, I think three, and a letter, a printed letter,
I think it refembles this very much.
Q. Look at that.
A. And that likewife.
Q. The papers he gave you were deftroyed?
A. Yes, I deftroyed them and the copy of the letter, and
the copy of the regulatiors I gave to one Douglas, thofe that
remained were deſtroyed by my friends.
Q. Now, did he fhew you any written paper?
A. Yes.
Q. Recollect as near as you can, not the words, I don't
want them if you cannot exactly ſtate them, but ſtate as well
as you can, the purport of the written paper he fhewed
you.
A. I cannot pretend to ftate the real purport, I will ſtate
the general purport of the paper.
Q. What was it about?
A. He mentioned that fome money was wanted. I think
he mentioned Mr Skirving and fome other fufferers in the
caufe of Freedom, and withed the fociety would endeavour
to procure fomething for that purpoſe.
Mr Anfiruther. That is not the written inſtructions, but
converfation; I want you to ftate the contents of his writ en
inftructions.
A. There is nothing particular that I can recollect of his
written inftructions, except it be one part of his inftructions.
Q. Speak out, and fiate that part of his inftructions you
do remember.
A Why. I am not abſolutely certain of it. That there were
to be collectors of a certain number, whether fourteen or
not I cannot ſay, and they were to be provided with-
Q:
}
!
3
22
1
Q. What?
[ 200 ]
A. I cannot fay, it was a blank.
}
Q. What did you ſay?
A. Provided with, or provide themfelves with..
JURY. Who were to be provided ?
A. The collectors or the people, I don't recollect exactly
which,
Mr Anftruther. Provided with what?
A. I did not fee any thing.
Q Was it a blank?
A. Yes, it appeared to me a blank.
↑
Q. Now, Dr Forreft, what converfation had you with Mr
Fairley on that fubje&t?
་
A. I don't remember the converfation particularly; I am
ready to anſwer any queſtion fo far as I know, but I cannot
pretend to ſtate the whole of a converfation I do not parti-
cularly remember.
Q. What was the import of Fairley's converfation with
you?
A. The import feemed to me to be to know in what ſtate
Stirling was, and to procure money for the relief of thoſe
that fuffered in the cauſe of reform.
Q. Did it appear to you to be proper or improper conver-
fation?
A. I don't know whether I am a proper judge or not.
Q. How did it ftrike yourfeif; was it any thing about
arming?
A. I don't recollect that any thing about arms was men-
tioned !
Q. What occurred to you at the time to be the meaning
of that blank ?
A. Am I here to ftate facts I pofitively know, or fill up
that blank with what I conjecture, or not?
LORD PRESIDENT. The meaning of that converſation,
you are bound if you know it, to explain.
No answer,
LORD
I
201 ]
LORD JUSTICE CLERK. You must have had fome idea at
the time, tell the Court and Jury what it was.
Q,Did you afk Fairley what that blank was?
A. I really did not, I was rather adverſe to aſking him any
queſtions about it.
Q. Why was you adverfe?
A. It ſeemed a little odd there fhould have been any
blank.
Q. What conftruction did you put upon it ?
A. I fancied it might be fomething that might not be
proper for me to inveſtigate or enquire into.
LORD PRESIDENT. What do you mean by that fome-
thing?
A. I fuppofe, had it been a proper thing it would natue
rally have been filled up.
Q. Did you fuppofe it was arms?!
A. Yes, my Lord, I did.
Q. Why did you not mention it before ?
A. Lthought I was not to give any conjectures.
Mr Anftruther. You have told me you ſuppoſed the blank
was to be filled up with the word arms, whât did you fay to
Fairley upon that?
( 7
A. I don't recollect immediately what paffed.
J
Lord Advocate. İt having occurred to you this blank meant
arms, did you or did you not prohibit Fairley to proceed
any farther?
A. It was mentioned to him. I believe I mentioned it
to him myſelf. I did not wish to have it in our power to
injure any one; but he fhould be cautious of what he ſaid:
Q. Now, Sir, did Fairley accordingly stop upon that cau=
tion which you gave him?
A. I don't remember what particularly followed that.
Q Did he afk you any thing with regard to the number
of friends in Stirling or its neighbourhood, or with regard
to the friends in whom they could place any reliance?
À. I am really not certain whether he did or not.
Q. Then, did Fairley mention to you any thing with re-
$
C c
Spec
་
1
Γ. 102 Τ
fpect to pikes being manufactured or provided in Edin
burgh?
1
A. I do not recollect the word pikes was mentioned.
Q. Arms of any kind ?
· A. Arms, I do not rele&.
Q. Weapons ?
A. No, my Lord, he made fomething of a form like
one of theſe upon a bit of paper.
Q: Say that out to the Jury, I hope you are not conceal-
ing the truth?
A. It was fomething like a foldier's halbert; we were
talking about an invafion, or fome fuch thing, and we
were aſking about fuch things for the purpoſe of defence.
Q. And he drew fomething like this, upon a paper upon
the table?
A. Yes.
*
Q. After he drew that inftrument, what did he fay fur-
ther; did he fay any number of thofe were provided or,
providing; and where were they fo providing?
A. I don't recollect any particular number; if I recollect
right, he ſaid he knew fome perfon who could procure in-
ftruments of that kind.
Q. Did he mention the name of the perfon, or place
where he refided?
A. He did not mention the name of the perfon that F
recollect.
{
Q. Did he convey to you, or did you underftand where
that perfon, refided, from Fairley's converſation ?
A. The idea I had at the time, was, it was fomewhere a-
bout Edinburgh; I cannot pretend to give it pofitive; it
was my conjecture.
Mr Anftrutber.--Now, Dr Forreft, did Mr Fairley re-
main with you after e company feparated?
A. Yes. He flept in my houſe..
Q Now, I want you to tell me what converfation paffed.
between you and Mr Fairley, after the, company feparated?
A. Very
}
!
[ 203 ]
A. Very little. It was about midnight, and I went very
foon to bed.
Q. Did he fay any thing about collectors?
A. It was mentioned; I am not certain whether it was
›mentioned in the printed or written inſtructions.
Q. Did Fairley fay any thing about them?
A. He mentioned ſomething about them.
Q Did he fay any thing to you; and I defire you to re-
collect, that you are a perfon in a confiderable fituation of
life, that you are fpeaking in a great audience, who hear
you,—and above all, upen your oath; answer this queſtion
diftinctly, did Mr Fairley or not, fay, to you any thing rela-
tive to a rifing of the people, in any way whatſoever? Now
anfwer that queſtion diſtinctly and plainly.
A. Something was ſtated to that purpoſe; but whether
he afferted it was a thing agreed upon; or as a thing that
might poffibly be done, or as a thing that might happen,
I cannot fay upon my oath.
Q. Now, did he, or not, fay any thing to you, reſpecting
difarming the foldiers?
A. That was mentioned.
Q. Who was it mentioned by?
A. If I recollect it was Fairley.
Q. Now, what was mentioned about difarming the fol-
diers?
A. That, my Lord, I have heard fo frequently in other
places, and in the common converfation of the day, I can-
not pretend to fay the particulars Fairley related; but it oc-
curs to me, he mentioned that circumſtance about difarming
the foldiers.
Q Who was to diſarm them?
A. I don't know whether he ſaid that it could be done,
by taking their arms while they were abſent, or in the night
ſeaſon; I am not abſolutely certain of it.
Q. Who was to do it?
A. He did not ſtate who was to do it, if I recollect.
Q Was it the Friends of the People, or was it not?
Cc 2
A. He
}
$
है
[ 204 ]
A. He did not mention the Friends of the People.
Q. Was it the people that fent Fairley there, or not?
A. He did not fay.
$
Q. Did you underſtand, from the converfation that you
had with Fairley, that this plan, fuch as it was, was to be
effected by the people who had fent Fairley there?
A. I cannot fay, upon my oath, whether it was an agreed
plan.
Lord Advocate-That is a different thing,.
Mr Anftruther-I do not ask whether it was an agreed
thing or not or whether a thing that might be done-or
was to be done-if it ever was done who did you under-
ſtand it was to be done by Did you not underſtand if it was
ever done it was to be done by the perfons who fent Fairley
there?
A. Perhaps.
Q. Don't you tell me perhaps was that your idea?
A. Yes, my Lord.
Q. Did Fairley tell you any thing or not refpecting im-
priſoning certain people at Edinburgh?
A. So far as I recollect he mentioned ſome people were
to be put up-but he did not ftate names as far as I recol
lect.
Q. But fome people were to be put up-to be impriſoned?
A. That is what I meant.
Q. Who were they to be put up by?
A. I fuppofe the fame people that were to feize and take
the foldiers arms.
Did you underſtand from the converfation this was
to be done by the people who fent Fairley to the country?
A. Yes, my Lord.
Q
Did Mr Fairley tell you any thing-or fày any thing
to you about certain people in Edinburgh repenting of their
conduct ?
1
A. Yes my Lord-that probably fome would repent-or
regret their conduct-or fome fuch words.
Q. Now if I underſtand you-were not thoſe people who
1
were
[ 205 ]
were to be made to repent their conduct the people that
were meant to be put up?
A. I understood fo.
Q. Certainly it would have been much better for a gen-
tleman in your fituation of life to have told this ſtory plain-
ly than to have had it ferued out of you in the manner it
has been-I aſk you now who Fairley defired you to corref
pond with?
A. I think he mentioned what money was to be collec-
ted on the behalf and relief of fuffering friends, was to be
fent to a Mr Downie.
QNow, I afk you again and I defire you to recollect
what it was Fairley faid to you with refpect to collectors-
or what their duty was to be-what they were to do—were
they to be for every fourteen or fifteen members the ſociety
confifted of?
A. Yes.
Q. What were thoſe collectors to do over theſe fourteen
or fifteen ?
A. He did not ftate what they were to do.
Q. Were they to collect nothing but money?
A. He did not fay any thing elſe but money.
Q. Upon your oath were the collectors to command the
people whether they were to rife or not?
A. He did not fay fo.
Q: Did you underſtand that from him?
A. I had that idea.
Q. Did you gather that idea from the converfation you
had with Fairley?
A. Yes, I did.
Mr Anftruther to the Jury-He gathered the idea that
the collectors were to head and command the people when
they did rife, from the converfation with Fairley.
Q. Had you no other converfation about arming?
A. None that I recollect.
Q. What led to the converſation between Fairley and
you
2
*
'
!
1
[ 206 ]
you upon which Fairley drew the plan of a pike upon the
table?
A. The ſubject we were talking of was the proſpect of an
invafion.
Q. Had you any converſation about a Convention?
A. The Convention was mentioned.
Q. What was faid about a Convention ?
A. I don't recollect-there was fome talk about it-I can-
at recollect it.
Q. Was it that there was to be a Convention or none?
A. They expected there was to be a Convention.
Q. Where was the Convention to meet ?
A. It was not known.
Q. Was it to meet in Scotland or England ?
A. I don't know.
Q. Had you no converfation about it?
A. Yes.
Q. What was it?
A. Little more than what I have told you.
Q. You have told me nothing yet, you have told me you
had a converfation about a Convention; what was it?
A It was faid a Convention was to meet, but no time
nor place mentioned.
Q. What fort of Convention was it, was it of the Royal
Burghs >
A. It was a Convention fimilar to that which met in
Edinburgh, of the friends of the people.
Q. You was a member of that Convention?
A No.
QYou was a member of the fociety of the Friends of
the People?
A. Yes, I was.
Crofs Examination.
Mr Hamilton. Q. Pray, was it your own conjecture or
Aid Fairley tell you there were concerted meaſures taken;
1
that
2
+
1
}
[ 207 ]
that it was abfolutely a fixed matter there was to be a rifing
here?
A. I gathered that from the purport of his language.
Q. What did you gather?
A. That the people who were provided with fuch inftru-
ments might defend themſelves in cafe of an attack.
Q. That was the conjecture you gathered from the con-
verfation of Fairley with you?
No Anfaer.
Mr Anstruther. Did you or not from the purport of
Fairley's converfation gather that there was to be a rising of
the people, and ſeizing the foldiers arms ?
A. Yes.
Q. Did you ever ſee a circular letter figned " T. Hardy?"
A. I don't recollect it.
Q. Did you ever fee that letter, or a fimilar letter ?
(fhewing him a letter.)
A. No, my Lord, I never faw it.
Mr Anfruther. I want now to read this circular letter
which has been proved by witneffes, and is alfo proved to
have been carried by Fairley round the country; It is the
printed circular letter from the Committee of Ways and
Means.
"FELLOW CITIZENS,"
"At a time when power feems to be making fuch rapid
"ſtrides amongſt us, while the friends of freedom are per-
"fecuted and hunted down on every fide, and the genuine
"principles of the Conftitution repeatedly violated by thofe
"who at the time they are profeffing their attachment to
"it, are aiming the fecret blow which undermines it, the
""friends of peace and reform in Edinburgh call upon their
"brethren throughout the kingdom: we call upon you to
st warn you of your danger; we would remind you of the
prefent melancholy ftate of affairs, our commerce di-
• minifhed, our manufactures drooping, the induftrious
"poor wanting bread, and the mingled cries of the widow
" and orphan affailing the ears of Heaven! Thefe, theſe
" are
"
}
[208]
" are only a part of the cruel effects of the most difaftrous
"and bloody war, the end of which is wrapped up in a
"gloomy obfcurity, which has fcarcely one ray of hope to
" penetrate or illumine; in the mean time we behold arm.
"ed affociations forming in different parts of the country;
"6
we fee the partia, felection of citizens who are entruſted
"with arms, and fhudder in contemplating what may be
"the motive of this alarming and novel procedure."
"Under theſe circumftances, what is our reſource? Ci-
"tizens, there is but one thing that can reſcue us, a com-
"plete Reform in Parliament. Let us not be awed into a
"fervile fubmiffion by any illegal artifices. Let us not fink
"before the blaft of oppreffion, but let us unite firmer than
"ever, and the number of voices that call for redrefs of
our grievances fhall yet be heard; but never let us re-
"linquifh this Great Work.
“Remember, that till we are fairly reprefented, no check
❝ can ever be oppoſed to the ftrides of power; but we may
'be cruſhed beneath its weight, like a worm beneath the
"foot of the paffenger.
"In the mean time, we fend you a few rules which are
"drawn up for the uſe of our own focieties; we recommend
"them to you, and hope they will be equally ferviceable.
"A Committee of Union is appointed here, to expreſs the
"united wishes of the feveral focieties; and a Sub-commit-
"tee which is called the Committee of Ways and Means,
as treaſurers for the united focieties, and a 'centre of union
"for all Friends in Scotland. Through their medium di-
"rections and inftructions will be given. The money put
"into their hands will be accounted for, and diſburſed in
"fuch a way as fhall be moſt calculated to promote our
"Great Caufe. If therefore, you have any fums collected
"beyond what your immediate exigencies require, or if you
"can collect any among your friends, though they should
4 not be members of focieties, you are requeſted to remit
"the fame to Mr
Edinburgh, who is ap
66
pointed to receive the feveral fums for the Committee..
We
}
{
}
( 209 )
"We fhould alſo wiſh to be informed of the number of
Friends which you have, on whoſe patriotiſm you can rely
"with the moſt implicit confidence, and who you are fure
"will ſpare no exertion whatever in promoting the Great
"Caufe in which we are engaged.
"We would thank you to communicate the beft method
❝of making our mutual fentiments known to each other,
and the perfon to whom our letters may be addreffed with
the greateſt fafety. Direct your letters as above, for Mr
We beg for an anſwer with all convenient
fpeed, and remain,
"Your Brethren and Fellow Citizens,
"The Committee of W. and M.”
Which means Ways and Means.
Mr Anftruther. We will read a paragraph or two of this
paper, called, "Fundamental Principles or Regulations of the
"Societies;" the two first regulations after the introduction.
35
"Fundamental Principles of the Societies"
"The Committee of Union is compofed of perfons ap-
pointed by the people to look after their intereft; and
are conſequently amenable for their conduct to the people.
"Therefore the people have the power of depofing by means
"of a petition to the Prefident of the Committee of Union,
"and by him reported to the foțieties for miſconduct in any
"of their repreſentatives.
Second, As reprefentatives, the Committee of Union
are inveſted with every power their conſtituents can claim ;
the will of the conftituent at the appointment of his re-
"preſentative is, that he watch over his intereft as a mem-
"ber of the community, but the will of the constituent is the
"conftituent himſelf. Therefore if a reprefentative is at-
"tacked in the diſcharge of his duty, his conftituents are
"bound by nature, reafon, and honour to defend him."
Mr Anstruther. I would call your attention to the ap-
+
pointment
Dd
·
4
[210]
E
pointment of Collectors, and particularly a Committee of
Ways and Means.
1
"Each fociety ſhall appoint one or more perfons, the
"moft active and intelligent to be Collectors of Money, and
* each of thoſe Collectors are to have the fuperintendence
"of fifteen or twenty perfons, whom they are enjoined to fit
$ as oft as their time may allow. What money they may
"collect is to be delivered to the Treaſurer of their different
"facieties every week..
"2d, Such Collectors are permanent, unleſs diſqualified
❝ by inattention or otherwife. They are to meet with the
"Committee of Ways and Means to report progreſs, once
every three weeks.
66
"V. Of the Extent of Delegation.
"ft, The election of delegates, to the Committee of
Union, takes place on the firſt Thurſday of February,
« May, Auguſt, and Noyember, annually.
"2d, Each fociety fhall fend a delegate for every twelve
members to the Committee of Union, with a letter, fign-
❝ed by the Prefident and Secretary, for the time being.--
"How foon an addition of twelve is made to any ſociety,
-
that fociety is entitled to fend an additional delegate.-
"But no fociety, however numerous, can ſend more than
"three reprefentatives..
"3d, The powers of fuch repreſentatives ſhall continue
"only for three months, at which period, they must either
"be re-elected, or others chofen in their room.
XVI.
£
<
"Ift, The focieties fhall adopt fuch regulations, and ad-
#here to fuch inftructions as the Committee of Ways and
Means may think proper to iffue, after being fanctioned
"by the Committee of Union.
་ ་
“2d, No mèmber fhall introduce religious topics into de-
{ bate, nor motion for prayers to be faid, either at the ga-
thering
}
[ 21 ]
1
thering or difmiffion of the focieties, becauſe every thing
that tends to ftrife and diverfion, muſt be avoided.
" Laws relative to the Committee of Union.
<ift, The Committee of Union fhall meet once a week
" and elect a préſident every meeting, according as their
'ટ names ſtand in the roll. No member, is to abfent him-
"felf, without affigning fatisfactory reaſons.
"2d, The fecretary fhall continue in office three months,
"during which period, he has the keeping of the books.
"3d, It fhail be eligible, in any perfon, properly delega-
"ted from any part of the three kingdoms, to be members
"of this Committee. But no foreigner can be admitted.
"4th, No delegate fhall fend another perfon in his room;
when he is prevented from attending himſelf.
"5th Both the prefident and fecretary are fabject to the
fame laws that regard the prefident and fecretary of foci-
«eties.
"6th, None is allowed to fpeak in the difcuffion of any
"queftion but once, unleſs to explain.
(C
" 7th, The roll is to be read by the fecretary at every
meeting, fo foon as the prefident takes the chair,—which
"he muſt do precifely at eight o'clock, after which the mis
"nutes of the preceeding meeting are read, and the order
"of the day called.
"8th, The Committee of Ways and Means muft report
progrefs once a week.
"9th, No member is allowed to accufe or make any in-
jurious reflections on another, neither in the Committee
of Union, or in the focieties, without firſt ſubmitting the
"grounds of his accufation to the Committee of Ways and
"and Means, and they to report to the Committee of U-
nion, if (upon examination) they fee fufficient reaſons
affigned.
"Ioth, The name of the accufer is not to be made pub-
*lic, unleſs the Committee of Ways and Means confider
❝ the
Dd 2
[212]
"the grounds of accufation worthy of the attention of the
"Committee of Union.
"11th, Difintereſtedneſs, condefcenfion and affection to
"one another, muft prevail, not only amongst the members
"of the Committee of Union, but amongſt all the focieties.
"12th, Heroifm, and magnanimity of foul must be cul-
“tivated and ftudied, and every one muft endeavour, in a
.< prudent manner, to vie, who will be moft inftrumental in
"forwarding the glorious caufe ;-for, independent and en-
"larged minds give honour and preference only to merit.
"Laws relative to the Committee of Ways and Means.
1
* 1ft The Committee of Ways and Means is permanent,
"and the members of it have the power of expelling any
one or more of its members, for miſconduct or inattention.
2d, They have the nomination to any vacancy in their
"own body, alſo a difcretionary power to meet where, and
"when they pleafe.
<<
3d, It ſhall confift of no more than feven, nor of leſs
than four perfons.
"4th, The prefident and fecretary of the Committee of
"Union fhall examine the money tranfactions of the Com-
•mittee of Ways and Means, once every four weeks.”
ROBERT ORROCK Sworn.
Mr Dundas.-Q. I think you are a ſmith ?
A. Yes.
Q. You live at the Dean?
A. Yes.
Q. You are a member. of the Water of Leith Society?
A. Yes.
Q. And I believe, a member of the Committee of Union?
A. Yes.
Q. And alfo, a member of the Convention ?
A. Yes.
1
>
Q. Now Robert, recollect yourſelf; do you remember be-
ing prefent at the Committee of Union, about the beginning
of
1
[ 213 ↑
of May, when they talked of fending arms into the country?
A. No.
Q. You don't recollect that ?.
A. No. I do not.
Q. When did you firſt hear about arms at all?
A. It was before that.
Q. At what time was it?
A. I dare fay it was in March. I fuppofe it was about
the latter end of March.
Q. Where was it?
A. It was in George Rofs's.
Q. About what time in March was it ?`
A. I fuppofe it was near the end of March.
Q. Do you recollect who was preſent at George Rofs's,
when this converfation took place?
A. The first time that ever I heard it mentioned, was at
à reading of the newſpapers, when were preſent, Mr Watt,
Mr M'Ewan, and Mr Downie, I believe.
Q. Do you recollect what was faid at that time? tell us
as near as you can remember, the fenfe and purport of the
converſation.
A. The fenfe of the converfation was,it was in the
News about an invafion,-they began to ſpeak about it,—and
they were faying, that there were arms come to the Gold-
fmiths' hall gentlemen;-that was the fenfe, I believe, to
the beſt of my recollection.
1
Any thing more faid to the beft of your recollection,
Robert?
A. Any thing more! Yes!-the next thing I heard
faid, but I could not fay pofitively, who it was that ſaid it,-
We had better apply for ſome of them.-It was likewiſe
ſaid, that there was none that was for a reform, that need
apply, to the beſt of my recollection.
Q. Do you recollect any thing more paffing?
A. Yes. I recollect of its being faid, but I could not po-
tively fay by whom, whether it was Mr Watt that faid,
that
1
is
1
[ 214 ]
that there was no law in being, that could hinder us fromt
getting arms,—I am not certain.
Q Now, did Mr Watt come to you at the Dean, in the
courfe of the month of April, or foon after that time?
A. Yes.
Q. Do you remember his coming to enquire if you had
made a certain weapon?
A. Yes.
Q. What did he ſay?
A. He asked if I had.
Q. What time might that be?
A. Sometime in April.
QWhat did you ſay to that?
A. I faid I had.
Q. And what paffed then?
५
A. He asked me to make one of another pattern.
Q. You ſhowed him one as a pattern ?
A. No. He did not fee it.
Q. How did he know what pattern?
Á. He aſked, I fuppofe he was told before I fhewed him.
Q. What faid Watt to that?
A. He faid he thought fuch a pattern would be better
it was a kind of a draft.
Q. He fhewed you a draft of a different pattern?
A. Yes.
Q. What did he ſay ?
A. He aſked me to make one, and bring it in to fhew him
Q. Did you bring in what you had made ?
A. Yes.
Q. Where to?
A. To George Roſs's.
Q. Who were there preſent when you brought it?
A. There was Mr Watt, Mr Downie, Mr Bonthrone,
Mr M'Ewan, and another man, that I did not know.
Q. What did you do?
A. I fhewed them it.
1
1
1
Q. And what did they fay to that?
A. He
E 215 1
A. He was looking at it, and afked me.
Q Who aſked you?
A. Mr Watt.
Q. Åfked you for what?
!
A. He defired me to go out, after looking, which I did.
He aſked me, before I went away, if I would leave it with
him all night, and I faid I would, and did ſo.
Q. When did you fee Mr Watt again?
A. I faw him that fame night again.
Q. And when did you fee him, after that again?
A. I don't know, but it was at George Rofs's I faw him
after that.
Q. Do you remember Mr Watt coming to your fhop at
the Dean, a few days after that ?
A. Yes.
Q. Do you remember it?
A. Yes.
Q. How long after that might it be, ſpeaking to your re-
collection?
A. About the firft of May.
Q. He came to your ſhop at the Dean, and what did he
defire you to do?
A. He defired me, that night at George Rofs's, to make
a few of them.
Q. A few of what?
A. A few of theſe weapons.
Q. Theſe croſs pikes?
A. Yes; a few, without any number.
wh
Q. Did he defire you to make any other fort of pike?
A. Yes.
Q. How many of that other fort?
A. He faid two or three dozen.
Q. Did he aſk you how many you could make in a
week?
A. Yes. Me, and my two men.
Q. What did you ſay?
A. I ſaid fifty,
Jy
1
}
ン
​Q. Did
[216]
Q. Did you fee Mr Watt fometime after that?
A. Oh! but there was more paffed then,
Q. Tell all that paſſed.
A. When he ſaid how many could I make in a week and
my men, I ſaid that quantity; bụt 1 faid poffibly none; Oh
faid he, I am not upon that; that is not my meaning; 1
took it he conjectured he had asked me the price; and I
was really confidering, at the fame time he was calculating
the price what I could afford them at; becaufe, when I
told him with reſpect to the price,-poffibly 1 might make
none.
Q. Was there any thing elſe paffed?
A. He did aſk me to make two or three dozen of each
kind.
Q. Now, you faw Mr Watt fome time afterwards ;-did
you not?
A. Yes. And he likewiſe ſpoke, and aſked me, if I
could get any ſticks for them; I faid, I dare fay I might ;
that I could.
Q. Did any thing more paſs at that time?
A. I do not recoilect.
Q. Do you recollect Mr Watt coming to enquire at your
ſhop afterwards, if you had made any progreſs in your work?
À. It was the day he was enquiring whether I had madę
any progreſs, in George Rofs's. He asked me to make a
few, and then, when he came, he asked me what progrefs I
had made.
Q Do you remember receiving a meffage from Watt, by
a perfon you did not know?
-
A. Yes.
Q. What meffage was then brought to you?
A. He was twice there.-When he came firſt, it was afk-
ing, if there was fomething done, which I did not like to do
at that time, when Mr Watt was out with me; I told him I
had not made any, for there was one of my men away; he
faid that was a pity, and he aſked me, whether I could get
one; I faid I fuppofed I might; I had not been in the
town,
1
1
[217]
town;-I did not fay he was to feek a man ;-but Mr Mac-
Ewan, fome days after, faid, Mr Watt had a kind of a man
for me;—but I never faw Mr Watt, nor did he tell me that
he had:
Q. I afk you, what the meffage was, this unknown per
fon brought you from Mr Watt?
No anſwer.
COURT.-Q. How do you know it was a meffage from
Mr Watt, if you did not know the man ?
No answer.
Lord Advocate.How did you know this perfon came
from Watt?
A. He told me.
Mr Erfkine. That is hearfay:
Mr Anftruther.Let us afcertain the delivery of the mef
ſage; the man is not far off, and he will tell you from whom
he received it.
A. He was afking me about making the inftruments; if
I had got any of them ready; I faid they were making.
Q. Who was that perfon?
A. It was Martin Todd.
Q. What meffage did Martin Todd bring to you?
A. It was aſking me what I had made, or got made, of
was I making them; that was his firft meffage; I told him;
I was making them.
Q. Who did he ſay he brought this meffage from?
A. From Mr Watt.
Q. Who was the fecond meffage from?
3
A. The ſecond meffage was fhewing me two weapons.
Q. Look upon the table, and fee if you can ſee one of
them?
A. I fee one of them,
Q. What did he tell you?
A. He defired I would make mine in like manner;
faid I would not, and if I had known it, I would have made
none of them.
Q. Why would not you make them of that fort, Mr Or-
rock?
E e
+
A. I
}
J
t
[ 218 ]
A. I had a little more alarm in myſelf at that time.
Q. Now, what was your alarm for at that time?
?
A. I can give you that;-I did not at firſt know how ma
ny there was of them.
me.
Q. When did you take the alarm?
A. It was when with him, William Brown came out to
Q. Who was he?
A. A fmith.
Q. Where did he live?
A. He lives at Goofedub.-I fay William Brown came
out to me, and afking me; fays he, you are making fo and
fo; I was at a meeting of the Friendly Society that night;
and he fent for me out, and he aſked me, if I was making fo
and fo for Watt; and then aſked me, what would we do
for ſticks ;—and I faid, what was to hinder us to get ſticks?
He faid there would be thouſands wanted.
Mr Anftruther. I am defiring him to explain the cauſe
of his alarm. Q. Why was you alarmed?
A. Becauſe thouſands would be wanted in the firſt place.
I am telling you when Watt ſpoke to me, he spoke in no
fort of fecret way, but very open. William Brown ſeemed
all in hidlings.
Q. Why was you frightened, Robert ? you know, if
thouſands of them were wanted, you would have more trade.
A. It was not for that, becaufe, if there had been thou-
fands wanted, I could make thouſands as well as fifty, that
did not alarm me in the leaft.
Q. What did alarm you?
A. I will give you that; becaufe, in making them, I did not
like it being in fuch a hidling concealed manner; I thought
there need not be fo much hidling.
QHow many of theſe pikes did, Watt order from you
altogether?
A. Mr Watt faid, to my knowledge you can make three
dozen in one week, and then he came to five dozen.
Q. Did
{
[219]
Q. Did you ever hear any thing about their being for the
top of a gate?
A. Yes.
I
QNow, who told you any thing about their being for
the top of a gate?
A. Mr Watt.
Q. What did he fay?
A. He faid, what would I fay when I was making them,
fuppofing none of them finished? what would I fay to in-
quifitive people that would be aſking of me? 1 anſwered I
don't know.
Q. What did he then fay to you?
A. That I might ſay they were for the top of a gate or a
railing.
Q. Did you ever fee fuch things as thefe upon the top of
a gate ?
A. I have feen fomething like the ſtraight ones.
Q. Did you ever ſee the croſs ones on the top of a gate?
A. No.
Q. Did you ever fee any of the crofs ones upon the head
of a halbert ?
A. Yes.
Q. Was there any thing faid about laying them by?
A. He faid, I might lay them by or put them by as ſoon
as made.
Q Did not you think it very odd that he ſhould tell
you theſe were for the top of a gate?
A. No, I was never much alarmed at that,
Q. What were the ſticks for?
No answer.
Q. Had you an order for any more of thefe than five
dozen?
A. I had no more.
Q. You got alarmed about them?
A. Yes.
Q. Why was you alarmed? what purpoſe did you think
they were for when they were beſpoke ?
E e 2
A. I
}
سمجھد
+
[ 220 ]
A. I thought they were defenfive weapons for the coun-
try in cafe of invafion.
Q. What did you think?
A. I did not think there was occafion for any ſecrecy,'
Q. Did you not think they were for another purpoſe ?
A. I did.
Q. Where were they to fend the pikes?
A. He did not ſay.
Q. He never mentioned any number? who was to pay
you for thefe pikes?
A. Mr Watt, I knew no other, I fufpected him to be the
paymafer.
Q. Was you ever told fomebody elſe was to be your pay-
mafter?
A. I was by Mr M‹Ewan,
Q. And who was you to be paid by?
A. By Mr Downie,
Q. Did you not think it a very odd thing pikes fhould
be ordered by one man and paid for by another?
A. That was part of my reafon, as I told you before, for
my being alarmed.
Q. You thought it an odd thing that pikes fhould be
ordered by one man, and paid for by another? who was to
get thoſe pikes?
A. I don't know what he intended, but he did not fay to
me who was to get them.
Q. Did you ever take home any pikes?
A. Home! where.
Q. To Mr Watt's?
A. I never did.
Q. What became of them that you made? were they feiz-
ed by any Sheriff Officer ?
ed.
A. Yes.
Q. Was you taken up at the fame time?
A. Yes, there were fome in the fhop that were not finish
Q. Were all that were in your fhop got?
A. Na
[ 221 ]
A, No, they were not all found.
Q. Some of thoſe on the table are of your making?
A. Yes.
Q. What became of thofe that were not got?
A. That is what I cannot tell.
Q. Robert, was you a member of the Committee of
Union?
A. Yes.
1
Q. Where did it meet?
A. It met in George Rofs's,
Q. What was the purpoſe of that Committee of Union?
A. There was no other purpoſe than meeting and getting
news from other focieties; and there was to be a Conven,
tion; and the getting up money for the delegates that were
to go to it.
LORD PRESIDENT. He faid all in his fhop were not
found?
A. I know certainly they were not all got. I came in a-
long with what was got.
Q. Did you know where the reſt were?
A. The reft were juſt in the ſhop.
Q. Were they all open in the fhop.
A. There were none hidden.
Q. How came they to take fome and leave others?
A. Becauſe they were not in the fame place.
Q. How came they not to be in the fame place?
A. They were lying under the vice board. Always when
we ſoften any iron, we fhoot them in the afhes, and there
were two or three of them lying in the afhes, and the reft
were below the vice board. I will give you all candidly.
Q Now, you fay, this Committee of Union was to chuſe
members from another Committee to collect money for
them?
>
A. No, I underſtand it was always in the other Commit-
tee; they were leading men, and there was money given;
they got 15s. from us.
Q. What was that Convention to do ?
$
}
Q. I
[222]
A. I never heard it was for any thing but to meet for
Univerfal Reform.
Q. Now, Robert, did you ever hear of any Committee of
Ways and Means?
A. Yes.
1
Q. Do you know of any Committee of Ways and Means?
A. Yes.
Q. Do you know that Watt was a member?
A. Yes.
Q. Do you know that Downie was a member?
A. Yes.
Q. Now, Robert, who was to make the fticks for thefe?
A. I faid I could get them made by different perfons ; to
the best of my recollection I mentioned Mr Black.
Q How many ſticks were to be wanted ?
A. I was to get fticks for as many as I was to make.
Q. Did you ever hear any thing about fome thouſand
flicks wanted?
A. Yes.
Q. Then, I believe you were determined not to make any
more pikes after what you had heard ?
A. Yes.
Q. Why did you determine fo?
A. I thought it at firft was not for that intent, and I be-
gan to be alarmed as to the hidlings of them. I could not
pofitively fay what they were for.
Q. Did you not begin to be frightened becauſe you thought
a few pikes might just as well get the end you had in view,
as a petition?
A. I never had that in view.
Q. You began to be frightened?
A. I did, becauſe I did not know what uſe he intended to
make of them.
Q. Did Mr Watt ever give you any orders for pikes be-
fore?
A. Never.
Q. Did
}
}
( 123 )
Q. Did ever any other body give you orders for pikes !
A. No.
you ever know any other body that dealt in that
Q. Did
manufacture?
A. No.
Q. Now, Robert, you ſaid ſomething about a pike which
you had made before Mr Watt befpoke this of you?
A. Yes.
Q. What has become of that?
A. I don't know, it was left with Mr Watt.
A. That was the pike you left with Mr Watt the firft
night?
A. Yes.
Q. Who employed you to make that?
A. I did it immediately myſelf. I told you that in my
firſt declaration.
Q. I know nothing of a declaration you made any where
but here; who employed you to make that pike?
A. Nobody.
Q. You made it for yourſelf?
A. Yes, when they were fpeaking of arms, I faid I would
make arms for myſelf.
Mr Anftruther. In the Committee of Union, there was a
diſcourſe about making of arms. -he told the Committee he
would make arms for himſelf; Watt wanted to ſee a pike he
had made—he faw that and employed him.
+
Q. Watt faw the firſt pike you made ?
A. Yes.
Croſs Examined by Mr Hamilton.
Q. You faid Watt told you, you might fay they were for
the top of a gate.
A. Yes.
Q. How did he exprefs himself, did he feem ferious or
in jeft?
A. No,
£ 224 3
A. No, he did not feem ferious; he did not fay they were
to be made in a concealed manner, but juſt to tell any offi-
cious perfon they were made for the top of a gate.
Q. When you are making any thing in your fhop, is it
common for you to fay it is made for one thing when it is
made for another?
A. When a man comes and as fuch queftions, I call it
fiſhing—that I thought they had very little buſineſs with.
Q. Is it the uſual direction of thoſe that employ you, to
tell thoſe who aſk you about it, that you are making fuch
work for one purpoſe when you are making it for another?
A. No, Sir.
Mr Anftruther. He has never faid people gave him that
direction.
Mr Hamilton. Do you ſometimes get directions from peo-
ple that employ you to fay things are made for one purpoſe
that are made for another?
A. To inquifitive people I have, in certain things; but it
is not common nor a cuſtomary thing.
MARTIN TODD, Sworn.
Mr Dundas. I understand you don't hear eafily?
A- No, I am hard of hearing.
Q. You are a ſmith, are not you?
A. Yes, Sir.
Q. And I believe you belonged to the Calton Society of
the Friends of the People, did not you?
A. Yes, Sir.
A. Do you remember receiving a meffage from Mr Watt
to carry to Mr Orrock? recollect yourſelf and take your
time.
A. I remember going with one.
Q. What did you go for?
A. I went to Mr Orrock with a bundle and parcel.
Q. For what?
A. I cannot fay what it was.
Q. What
[ 225 ]
Q. What did Watt defire you to ſay to Orrock?
A. I don't remember any thing material he defired me
to fay; he ordered me to give him a parcel. I gave it to
Mr Orrock? :
Q. What was the parcel?
A. I don't know perfectly what it was. I believe it was
one of theſe things, (looking at the pikes on the table in
Court.)
Mr Anstruther. We ſhould call that a pike not a parcel ?
A. But it was in a parcel when I had it.
Q. Was it opened by Orrock in your preſence ?
A. It was.
Q. What was the Meffage?
{
A. He ordered me to take it back to Mr Watt with his
compliments, and that he was going on with the things as
fast as poffible.
Q. What things?
A. The things that were in the parcel.
Q. What things?
A. Things like this I ſuppoſe, (pointing to the weapons
on the table.)
Q. What became of them then?
A. I brought them back and gave them to Mr Watt.
Q There were two meffages you carried?
A. No, Sir, not that I remember at prefent. I don't
think there were two.
Mr Dundas. Q. Did you underſtand that Orrock was to
employ you?
A. No.
WILLIAM BROWN, Senior, Called.
Brown. My Lords, I want my liberty. I have been kept
theſe four months in goal.
Lord Advocate. You are called here to give your evidence,
do you refufe it?
1
A. No, I do not.
$
Ff
Casual
WIL-
1
1
[226]
3
WILLIAM BROWN, Sworn.
}
Q. Do you know a perfon of the name of Robertion
A. Yes.
Q. Did Mr Robertfon ever afk you about making any
Spears?
A. Yes.
Q. What did he fay?
1 f
'
A. He aſked me if I would make fome fpears for a Mr
Watt.
Q. What did you fay to that ?
A. I faid, I did not know.
Q. What more did you ſay?
A. I don't remember.
Q. What did Mr Robertfon fay to you?
&
A. He faid, if I was in the town, I might call upon Mr
Watt and fee himſelf.
Q. Did you ever fee Mr Watt after that? Did you call
upon him.
A. Yes.
Q. And what paſſed between you and Mr Watt?
A. He ewed me a ſpear, and aſked me if I would make
fome like that.
QWhat fort of a fpear did he fhow you? fee if you fee
any thing like that lying upon the table there, turn them
over.
A I don't fee it here.
Q What converfation had you with Robertſon about
Watt-?
A Robertfon faid he was a merchant.
Q Where?
A. Below the New Bridge, on the north fide of the High
Street.
Q Where did you call upon him?
A. When I was down a little below the cloſe.
1
Q. What
Q. What clofe?
ť 227 ]
A. Below Carrubber's Clofe.
Q. New, when you called upon Watt in the Clofe, what
converfation had you with him?
A I don't think I was above five minutes with him.
Q. Did he fhew you a pike?
A. He fhewed me a pike, but I do not fee it, it was like
that one, a ſcrew one with a fpike halbert-head, a long
pike.
Q. What did Watt fay?
.
A. He asked if I would make one like that, but a little
larger.
Q. What did you fay?
A. That I would fee and make them.
Q. Did you make any?
A. I made one.
Q. See if you can ſee one l'ke it?
}
A. I think that is like it, there was no particular mark
upon it.
Q Did that firrel fcrew off in your's?
A. It was juſt the ſame.
Q. Did it fcrew off?
A. Whether it be that or no I do not know, I made an-
other one, but then Mr Watt did not get it.
Q. Did you ever make another fcrew for it?
A. No.
Q. Did you ever make another ſtick for it?
A. No.
Q. How many of theſe did Watt order from you?
A. He fet no quantity, he ſaid two or three.
Q. Was it half a dozen ?
A. I took it to be thereabouts.
Q Did he fay half a dozen?
A. He did not ſeem to fay any quantity of them.
Q. That you call a croſs
call a crofs pike, don't you.
A. I don't know what you call it, but it muſt be croſs,
I don't know what name to put to it.
Ffa
Q. Did
ན་
}
(228)
1
}
Q. Did you ever fee Watt again?
A. Yes.
QUpon what occafion ?
A I faw him fome time afterwards. He came to fee if
I had made any.
Q. Where do you live?
A. At the Goofedub. I fhewed him one fimilar to it,
half done.
Q. Did you ever fee him again?
A. Yes.
Q. Had you any converfation with him about the pikes
or fpear-heads being ready?
+
A. That was when he came out at this time, when I fhew-
ed this half done. I did not chufe to make any more of
them of that kind.
them. He wanted
He faid he did not want any more of
mole fpears ftraight. I did not know
what it was for, and I did not chufe to inake any more of
that kind.
Q. Did you ever afk Mr Watt what they were for?
A. No.
Q. How many dr you make?
A. I made only one for Mr Watt, but there was another
that went another way.
Q. Who took that away?
A. There was a plumber's apprentice took it away.
Q What was his name?
A. Of the name of Allan. He took it away at the time.
Q. Allan did not pay you at that time ?
A. No.
Q. Did you ever make any other fpears?
A. He ordered me to make fome mole ſpears.
Q. Did he order you to make any ſtraight ſpears?
A. I faid that was mole fpears. He anfwered, yes. He
wanted fome ſtraight fpears with a focket like a fork. I faid
that was like mole fpears, and he anſwered, yes.
Did you ever make any mole fpears?
}
J
A. I
(229
( 229 )
A. I fald, I would make fome and bring them in, and fee
if they were the things he meant.
Q. Did you make any?
A. I made two, and brought them in.
Q How many did you make?
A. Fourteen altogether. The first two I took in, he ſaid,
would do.
Q. How came you to make the fourteen.
A. I delivered the two firft to him, and then a dozen of
the ſtraight ones.
Q. Were you paid for them?
A. Yes.
Q. Who paid you ?
A. Mr Watt faid, he was forry, 'when I went in, that he
had not money to pay me. I told him I was needing money.
He faid, if that was the cafe, he would give me a line upon
one Mr Downie, and he would give me the money, as he
had it not.
Q. Did you get the money?
A. Yes.
Q. From whom?
A. Mr Downie.
Q. Who was he?
A. A jeweller in Parliament Square.
Q. Where did you carry theſe pikes ?
A. I carried them to that houfe where Mr Watt was.
Q. Look at them, and fee if you know your own work?
A. I have no particular mark, they were of the fame
fhape, make, and fize.
Q. Did you ever make a mole fpear like that?
A. Yes.
Q. For whom?
A. I cannot tell.
QAs big as that?
A. Much the fame.
Q. How many did you make?
*
}
A. I
[ 230 ]
A. I cannot fay, fome people make them one fhape, fome
another; fome fmiller and fome larger.
Q. How many croſs pikes did Watt order?
A. He did not mention any quantity, he faid two or three.
I took it to be halt a dozen. I did not underſtand it to be
any quantity.
Q Did you ever fee Robert Orrock ?
A Yes.
Q Had you ever any converſation with him about theſe
Spears?
A Yes.
Q. What was that?
1
A I was at the Water of Leith about fome buſineſs, and
we were ſpeaking about it, and I faid I was making ſome
mole fpears; he faid he was making fome for the top of a
rail, and fome croſs ones. I never had feen any of them,
but he did not tell me who he was making them for.
Q. Did you tell him who you were making your's for?
A. I am not very certain whether I did or not.
Q. Did Mr Watt ever tell you any thing more?
A. No.
Q. Were you making no more for Watt?
A No.
Q. Had you an order for making more?
A. I don't know that I had, whether he ordered me to
make fome more or not I cannot be poſitive to that point;
whether he bid me make a dzen or half a dozen more or
not I am not poſitive.
Q. Did any b dy ever tell you about any orders that Mr
Watt had got from the country?
A No.
Q. Don't you recolleſt that ?
A. No, I don't recolect that.
Croft Examination.
Mr Hamilton. Q. You faid you had fome converfation
with Orrock ; did you ever fee any pikes of his making?
A. 1 never did.
Q. Had
231)
Q. Had you any converſation with Orrock about pikes?
A. I had fome converfation with Orrock about pikes, he
faid they were for the top of a rail.
Q. Ha i you any converſation with him about ſticks?
A. No, none that I remember.
Mr Anftruther. I have juft now been informed that one
of the witneffes (Fairley) defires he may be called in to cor-
rect ſome part of his cvidence. I fhall not fay a word to
him.
Lord Advocate. I fhall not put a fingle queſtion to him.
(FAIRLEY brought into Court.)
LORD PRESIDENT. Mr Fairley, a meffage has come from
you, de firing leave to explain fomething in your former evi-
dence, what was it?
Fairley. I recollect Mr Watt faying the banks and public
offices were to be feized.
COURT. Can you recollect any other circumftances?
A. I connot recollect any other particulars, unleſs a quef-
tion was put. I recollect Watt faid thoſe who were moſt ac-
tive againſt us were to be imprisoned.
Q. Say that again.
A. Thoſe who were most active againſt us were to be
imprifoned, ard the banks and public offices to be feized;
and that couriers were to go into the country.
Mr Hamilton. When did he ſay that?
A. He faid there would be more who would ſtart up;
and that thoſe moſt active againſt us were to be ſeized; and
couriers were to be ſent to announce it, or that couriers were
to be fent to the country to announce this.
Mr Hamilton. Have you had any converfation with any
perfon fince you went out of the room?
A. No, Sir, I have not.
1
Q. Who did you underſtand was meant by thoſe that were
againſt us, who were to be feized at that time?
A. That
}
( 232 )
A. That is, thofe that were againſt us were to be arreſted
or fomething of that kind.
Q. Di : he mention any particular perſon?
A. I don't know that he did.
Q. Did he mention any particular perſon?
A. I cannot fay whether he mentioned the Magiftrates of
Edinburgh. I do not recollect any other perfons. I think
the Magiftrates of Edinburgh were ſpoken of.
Q Did he exprefs himſelf as if they had any particular
refen ment against them for any particular caufe, or why
thofe perfons were to be ſeized ?
A. He did not fay.
Q. Explain that; was it expreffed as animofity againſt
thofe perfons on account of proceedings inimical to them?
A. I fuppofe fo.
WILLIAM ROBERTSON, Sworn.
Mr Anftruther. Do you know Robert Watt?
A. I have feen Robert Watt..
Q. Had you any converfation with him about fpcars?
A. Once.
Q. What was that converfation, Mr Robertfon ?
A. He aſked me if I knew any fmith that would make
thoſe things.
Q. What things?
A. spears.
QWhat did you fay?
A. I faid I did. I knew one William Brown.
Q. Had you any converfation with Brown upon the ſub-
ject.
A. I fpoke to him about it, and asked if he would make
them.
Q. Did you do that by Mr Watt's defire?
A. No.
Q. Now, what converfation had you with Brown upon
that fubject?
1
A. I
1
મ
1
[ 233 ]
A. I aſked him if he would make them.
Q. What did Brown ſay?
A. He faid he was not very fure at that time.
Q. Had you any other converfation with Watt about it ?
A. Yes, once he aſked me if I had ſpoke to Brown.
Q. What faid you?
A. That I had.
Q. Spoke to Brown about what?
A. About fpears.
1
Q. Did Watt tell you what thofe fpears were for?
A, No, he did not.
Q. Did you ever afk Watt what they were for?
A. No, I never did.
Q. Did it not ſtrike you, it was an odd thing a man in
Watt's fituation ſhould be ordering fpears?
A. I did not think any thing about it at that time.
Q. Did you think any thing about it fince?
A. No.
1
Q. Had you no converfation with Watt about it at all?
A. No, I did not afk him any queſtion at all.
Q. I believe you was a member of the Britiſh Conven-
tion?
A. Yes.
Q. Do you know a perfon of the name of Skirving?
A. Yes.
Q. You have written him fome letters?
A. One letter.
Q. Where do you live? What part of the town do you
live in?
A. In Simon's Square,
Q. Now, fit down and read that letter quietly. Tell me
firſt whether it is your hand writing?
A. It is.
"Edinburgh, April 7th 1794."
(The witneſs looked over the letter.)
Lord Advocate. Did you write that letter of the date it
bears?
$
G g
A. Yes,
}
[ 234 ]
A. Yes, I did write that letter.
Q. Now, what was the number of your Society at the dif
perfion of the Britiſh Convention?
A. I do not recollect particularly what the number was.
Q. About how many?
A I could not really fay how many at that time,
Q. About how many Mr Robertſon? You could tell Mr
Skirving, you might as well tell me.
A. I could not be pofitive how many at that time.
Q. Was it from thirteen to twenty?
A. It might be twenty, or between thirteen and twenty,
Q. Did it increaſe much after the difperfing of the Britiſh
Convention?
A. It increaſed very faft.
Q. They increaſed very faſt after that? to how many did
they increaſe?
A. They might be near one hundred.
Q. I believe your ſchool was the place where the Britiſh
Convention met the day after it was difperfed?
A. No, it was not.
Q. It met in your neighbourhood?
A. Yes.
Q. Did it meet in your ſchool afterwards ?
A. No, it never did.
Q. The Friends of the people met in your ſchool?
A. A fociety met.
Q. That is the ſociety that increaſed ſo much?
A. Yes.
Q. Now, what was the object of that fociety?
A. I know of no object but to obtain a Reform.
Q. What fort of a Reform ?
A. Univerfal Suffrage and Annual Parliaments.
}
Q. Was there any obſtacle to the profecution of that
end?
A. I don't know. There was a meeting.
QWas there any obſtacle to it?
A There was no obſtacle, but a petition to Parliament.
Q. But
E 235 j
1
}
it ?
Q. But what was the obſtacle that ſtood in the way of
A. I did not fee any, but to petition Parliament.
Q. You could tell Skirving, now, you may as well tell
me?
∙A. I could not fay what was the obſtacle.
Q. Did you think that poverty was the obſtacle?
A. They could not get their petitions made up fo foon
owing to that.
Q. Did you ever hear of a Committee of Union?
A. I have heard of it.
Q. Was you ever at it?
A. I never was at it. I know it was a Committee of
Union.
Q. Was you ever at the General Committee?
A. Yes, it went from January to March by the name of
the General Committee.
Q. I think you was Secretary to that General Commita
tee?
if
A- I never was Secretary except one night.
Q. And Stock was Prefident or Prefes that night?
A. I do not recollect.
Q. Do you recollect any motion made that night? See
you remember that motion made in the Committee?
A. Yes. I remember there was fome motion of that
kind.
Q. There was a motion to that effect?
A. Yes.
Q. Was that motion carried?
A. Not that night. It is not in my memory.
Q. Who propofed it?
A. I cannot fay who propoſed it firſt.
Q Was it propofed by a perfon whofe name is there?
read that and tell me whether it was propofed by the perfon
named there?
A. I do not know whether it was Mr Watt that propoſed
that motion that night or not.
Gg 4
Was
;
L
[236]
Was he there?
A I think he was, but I cannot be certain whether he
propoſed that motion or not.
Mr Anftruther. It is the paper that has been read already
for the inftitution of that Committee.
Q Did your Society fond delegates to the Convention. ?
A. They fent three.
Q. Do you recoliect their names ?
A. I think Mr Stock was a delegate.
Q. Mr Stock was a delegate from your fociety?
A. Yes.
Q. Who was the other?
A. One Mr Hardyman.
Q. Who was the other?
A. I cannot recollect.
Q. Have you ever heard any thing of a Committee of
Ways and Means?
A. I have heard of it.
Q. What was it?
A. I have heard no more but that there was fuch a Com-
mittee.
Q. Now, what was the purpoſe of that Committee to
which you fent delgates?
A. It was to form a correſpondence among the Societies
in Edinburgh.
Q. Do you know of any correfpondence in the country
with that Committee?
A. No, I do not.
Q. Do you know any thing of one perfon going to the
north and another to the weft?
A. I heard of them going, but did not know them.
Q. Who did you hear of them from?
A. I heard of them froin feveral.
Q. Name them?
A. I cannot name them.
QWho were the perfons that told you of one perſon go-
ing to the north and another to the weſt ?
A. I
[ 237 ]
A. I believe, I heard it openly in the fociety, I cannot
recollect any perſon in particular.
Q. You don't recollect, you fay, who it was?
A. No, I do not.
Q. Do you know any thing about greater fecrecy being
obferved in your proceedings now than formerly?
A. I might have faid fomething to that purpoſe, it was
merely myfelf, no other perfon uas faid it, I could not fay
but there might be more fecrecy.
Q. Don't you know that there was ?
A. I cannot answer that queftion.
No Crofs Hxamination.
COURT. Would you know Mr Watt if you ſay him a.
gain?
A. Yes, I believe I would.
Q:
Watt?
Look and fee if you fee him at the bar. Is that Mr
A. Yes.
Mr Anftruther. Q. Is that the perfon that gave you the
meffage to Brown?
A. Yes.
WALTER MILLER Called.
Walter Miller. My Lords, I have fome difficulties, be-
fore I can fubmit to be a witnefs in this trial; when I am
called an honeft man, and abiding by the laws, I have no ob-
jection to give my evidence; but when I have been impri-
foned for feveral months paft, it may appear I come here
guilty of all the crimes laid to thoſe men; if that be the in-
tention of the profecutor, I beg he will indite me.
Lord Advocate. I have no fuch intention.
WALTER MILLER, Merchant, Sworn.
Mr. Anftruther. Q. Now, Mr Miler, I will tell you
before you begin, that you are not bound to answer any
queftions that tend to criminate yourfelt. The firſt queſtion
I afk
}
[ 238 ]
I aſk you is, whether that letter ever came to you by poſt ?
(Shewing him a letter.)
A Yes, that letter certainly came to me?
Q. How did it come to you?
A. By poft.
Q Look at it, there is no poft mark?
A. There is undoubtedly a poſt mark.
Q. Do you know whom it came from?
A. It is figned by the gentleman that fent it, I fuppoſe ?
Q. Look carefully at it, and look at the back of it, then
the fide of it, don't be in fuch a hurry?
A. The anſwer was to be fent to Rofs, Liberty Court.
Q. Was there an anſwer ſent to London?
A. There was none fent to Edinburgh; there was an an-
fwer fent to London, I believe.
Q Do you believe it was fent? was you at the meeting
that refolved upon writing an anfwer to it?
A. Yes, I certainly was at the meeting.
Z
A. Was it an anſwer agreeing with the letter or not?
A. Yes, it was an anſwer fo far that if a Convention was
called, we refolved to fend a delegate.
Q. Did you ever remit any money to Edinburgh for the
purpoſe of the friends of the people ?
A. Yes, I did.
Q. In confequence of what did you remit it, and by whofe
directions did you remit it?
A. Why, I remitted the money in confequence of being
appointed treaſurer for the fociety of the Friends of the
People at Perth.
Q. How much?
A. Fifteen pounds Sterling.
Q. To whom did
A. To Mr Downie.
you remit it?
Q. Why was it to be remitted to Mr Downie?
A. Becauſe I underſtood fome inftructions had come to
our place to fome perfon or other to fend any money we
were
[239]
1
were fending to Edinburgh to Mr Downie: We underſtood
he was treaſurer of thoſe ſocieties.
Q. What focieties?
A. Societies of the Friends of the People.
Q. What was the purpofe of remitting that money?
A. For relief of patriots, and ſupport of the cauſe of
freedom.
Q. Did not thoſe inſtructions come to yourſelf?
A. No.
Q. Did that letter ever come to you, Mr Miller ?
A. Yes, it did.
Q. Was it before or after that letter came to you
remitted the money?
that you
A. As to that I don't know, but it was a confiderable
time before this letter come to me that this money was ga-
thered for that purpoſe.
Q. Was it before or after that letter came to you, you re-
mitted it?
A. It was certainly after, for no letter came directed to
me before I remitted the money.
Q. How was you informed that Downie was treaſurer for
the Friends of the People?
A. I told you before fome people in Perth got it by word
of mouth or letter.
Mr Anftruther. The letter is figned « T. Hardy."
Crofs Examined by Mr Hamilton.
Q. You mentioned you had agreed in your ſocieties to
chufe a delegate to fend to the Convention?
A. Yes.
Q. Did not you underſtand in that Convention it was
their intent to procure a reform by legal means?
A. Certainly it was for the cauſe of a reform, for carry-
ing it on.
Q. Did you think or did you ſuppoſe the object and in-
tent of that Convention to which the delegates were to be
fent
[240]
វ
fent was to fubvert the authority of this Kingdom?
A. I had no fuppofition of it at all.
ARTHUR M'EWAN, examined again.
Q. The night when the Committee of Ways and Means
met, when Watt told you of the plan you have told us of
already, for what purpofe did it meet that night?
A. I don't know what purpoſe it met for, only it was in
ufe to meet weekly.
Q. Was it not to answer a circular letter that night?
A. I do not know of it.
Q. Did you ever fee a letter figned "T. Hardy."
A. No.
Q. Did you ever know of an anfwer ſent to Hardy?
A. No, never.
Q. Did you ever know of any converſation reſpecting the
mode in which the correſpondence between your fociety and
Hardy was to be carried on ?
A. I never heard it till Mr Stock faid he was to do every
thing in his power to open a correfpondence between Watt
and Hardy.
Q. Was it that night the Committee met or not?
A. It was the laſt night that the Committee met.
Q Was it not that night they were to anſwer a letter
from Hardy?
A. No, there was no letter wrote that night.
Q. Was not Stock to carry a letter to Hardy?
A. Not that I know of.
Q. How was that correfpondence between Hardy and
Watt to be carried on, did Stock plan fome mode of cor-
refpondence between Hardy and Watt; what paffed upon
that occafion?
it on,
A. I could not make it diftin& how he was to carɛy
it was to be done in ſuch a droll way, I could not make
it diftinct; if I recollect right he had a piece of paper, and it
was like dividing down this way (drawing his finger down the
centre
(211)
1
centre of the paper in a perpendicular line) the arifocrats doing
fo and fo on one fide, and the democrats doing fo and fo
on the other fide.
Q. Then the correfpondence was to be carried on in two
columns?
A. Yes, I fuppofe fo from the mode he propofed that
night.
Q. What was the meaning of carrying on a correfpon-
dence in fuch a way
A. I cannot tell.
?
Q. Did it not ftrike you as odd to be carrying on fuch a
correſpondence ?
*
A. It did, Sir.
Prifoner. May I put a queftion to that man?
COURT. Certainly.
Prifoner. You are aſked whether or not any correfpon-
dence was to take place between Hardy and me, rather than
any other perfon?
A. I mentioned this, that Stock did fay, you wished to
have a correſpondence with Mr Hardy, and you could not
fettle upon a fure plan how you could correſpond, and Mr
Stock drew out that model upon which you could cor-
refpond with fafety. Mr Stock drew the plan. I thought
the defign fixed on his part, was to carry on that correfpon-
dence, notwithstanding that plan drawn out by Stock. I did
not ſee it, but Mr Stock drew out the plan by which you
ſhould correspond with Mr Hardy.
Prifoner. That I did wish to correfpond with Mr Hardy?
A. That you wiſhed to correfpond with Mr Hardy.
The Lord Advocate. I think it my duty to the Court
and Jury to flate, that we mean to leave the charge against
the prifoner at the bar, upon the evidence written and pa-
role that has now been given to the Jury,
Mr Erskine then informed, the Court, that only one of
the Counſel for Mr Watt propoſed to addrefs the Jury,
which Mr Hamilton would do, when the evidence for the
prifoner was clofed. Being defired by the Court to ftare in
*
H h
+
general
t
[242]
1
1
་
general the points to which he meant to call evidence for the
prifoner, he ſtated that in general, he would inform the
Court and Jury, that Mr Watt first of all applied to Mr
Dundas, then Secretary of State, conveying certain in-
telligence with regard to the proceedings of certain focieties,
which appeared to Mr Watt of a feditious nature; and that
he was recommended by Mr Dundas to the Lord Advocate
both by letter and converfation. This communication with
the Lord Advocate continued from the end of 1792 to the
end of 1793, when the British Convention met, whoſe pro-
ceedings their Lordships would recollect, were all publiſhed
in the newſpapers; from that time there was no communica-
tion with Mr Watt. Then Mr Watt became a member of the
Committee of Ways and Means, the Lord Advocate went
to London, Mr Watt would have conveyed fuch an account
of the proceedings, but from the beginning of March to the
15th of May, the Lord Advocate was in London; Watt
when taken up by the Sheriff Clerk, faid, he could not fay
any thing in anſwer to him till the Lord Advocate came to
town. This is in general the proof meant to be adduced.
MR SHERIFF CLERK Called as a Witneſs for the
. Defendant.
Mr Erskine. Q. You fearched Mr Watt's houfe ?
A. Yes.
Q. You found fome papers?
A. Yes.
Q Did you find any letter from Mr Dundas to Mr.
Watt?
A. I found one among others.
Q. Did you find this?
A. I don't recollect any thing of that paper, there is no
mark on it.
Q. Mr Watt was examined before you?
A. Mr Watt was examined.
Q. Was
1
( 243 )
Was he open to you upon the ſubject?
A. Mr Watt was brought up upon the 15th of May,
long with the arms found in his houſe, and was interrogated
by me refpecting them. He declined giving any explana-
tion, and gave for anfwer that he communicated with Mr
Dundas and the Lord Advocate about certain circumftances,
he did not chufe to give an anfwer. I told him this would
hot do, and that theſe arms were a very fufpicious circum-
ftance. 'I defired to know what uſe he intended to make of
them, when he told me, you will find lying upon mỹ table,
an advertiſement for the newſpapers, intimating that pikes
were to be fold by me at fo much a-piece. I think it is a
laudable thing of me as a merchant in fair trade, and I as a
merchant am entitled to do it.
Q. Is that a fcroll of a letter to Mr Dundas?
A. Yes, it is a feroll of a letter. I brought here all the
papers I found.
Mr Anflruther. What is it they are afking for?
Mr Erskine, It is a letter to Mr Dundas we wish to
have.
Mr Anstruther. I have not the leaft objection to your
making uſe of any letter of Watt's in evidence.
Mr Sheriff Clerk. That appears to me to be the letter
that was the cauſe of Mr Dundas's anfwer.
Lord Advocate. I have no objection to its production.
Mr Knapp. It is dated Auguft the 31ft 1792.
Mr Anstruther. That paper as it ſtands is not, and I be-
İ
lieve, cannot be made evidence; it is a paper in Watt's hand-
writing, found in his houfe, purporting to be a letter to
fomebody; it is attempted to be made evidence by proving
that the contents of that letter ſeem to relate to a letter of
Mr Dundas's, found in the poffeffion of the prifoner; that
could not in any view of the cafe make it evidence, all the
papers found in the poffeffion of the prifoner are evidence
againſt him, but it is impoffible pretended copies of letters,
faid to be written by him, found in his poffeffion, in his own
hand-writing, can be evidence without fomething more;
Hh2
at
>
{
***
1
[ 244 ]
1
at the fame time, fo far from the Counsel for the Crown,
on the prefent occafion, wifhing to prefs things againft
the prifoner, or preclude the prifoner from producing any
thing he may think tends to-exculpate him, whether it be
legal evidence or not, that they have not the fmalleft ob-
jection to thefe being read. I only thought it neceffary to
ftate this, not to object to the papers, being read which I
know not to be legal evidence, but to prevent the doing of
it in this cafe, from being ftated as a ground for its being *
done in another trial.
R
Mr Erskine (to Lord Advocate.) I must call upon your
Lordship.
Mr Anftruther. Do you mean to read the letter?
Mr Erskine. Yes.
LORD PRESIDENT. You faid all the circumſtances of the
pikes being found, happened between February and May.
I underſtand that was during the ceafing of the correſpon-
dence between the prifoner and Mr Dundas?
Ex
Lord Advocate. Yes.
That letter read, dated August 31ſt, 1792-
«Although I have not the honour of being known by
you yet from my attachment to the Conftitution of this
"country and of which I have the happiness of being a
"native, and the fears I cntertain of its conftitution be-
GS
ing fubverted; have hereby taken the liberty of laying
"before you facts which merit your moſt ſerious attention.
"For fome years I have cbferved accounts of affociations
"formed in different boroughs in Scotland for petitioning
Parliament for the redrefs of grievances, but knowing the
character and comparatively the finallneſs of the number
"of thoſe who compofe the fociety at Perth from a refi-
"dence there of eleven years at my education, and of thoſe
in Edinburgh from a refidence of eleven years in buſineſs,
part of which acting as a clerk to a refpectable houfe, and
"the remainder on my own account, and from the year
"1789, have informed myſelf of the character of many of
"thoſe who compofe the focieties at Glaſgow, and Dun-
>
6 dee,
t
€
[245]
"dee, buſineſs requiring me to be frequently in theſe and
"other parts of the country, I was fatisfied to find that
"Perth did from year to year oppofe petitions that had no
"other tendency than to vitiate the morals of the inhabi-
tants, and get into the magistracy, men of weak heads
"and factious minds; but Sir when I fee and hear of fo-
cieties forming in conjunction with thofe already men-
“tioned in this city and in other parts of the country when
"principles ftrike at the very root of the British Conftitu-
"tion; I cannot as a friend to my country but inform you
"of their proceedings and intentions; the leaders of theſe
"factious clubs have the audacity to go from houfe to
"houfe, endeavouring to enamour the weak in under-
"ftanding, and to infiame factions in minds by reprefenting
"to them certain fuppofed grievances, and inforcing by
"fufpicious arguments the evil confequences that will una-
"voidably refult to the nation if they are not fpeedily re-
મ
dreft, being visited by Mr William Johnfon the chair-
❝ man of their Committee here accompanied by another
gentleman, I was after fome converfation invited to attend
the Committee which was to meet in Mather's Tavern that
evening the 24th current; from a delire of knowing more
particularly the nature and tendency of fuch an affociation I
complied; the only bufinefs before them was the reading of
letter from the chairman of the focieties at Glaſgow, and
SE
66
t
a
Perth, and appointing the time and place of a general meeting
"here; after bufinefs was over - ropofed to Mr Johnfon and
of
four gentlemen towhom he feemed to pay more than ordinary
attention to fup together to which they agreed; my intention
"in this was to learn if poffible their fecret defigns in which
"I was in fome meafure fuccefsfull, their fentiments on po-
litics were fuch as aſtoniſhed me how any reafenable man
living under the British Government, could adopt and
have the affurance to exprefs the miniftry must be dif
placed, Government expences retrenched; none belong-
ing to the Treaſury ſhould have á feat in Parliament, the
following expreffion of one of the gentlemen, in a Com-
**
66
&&
"mittee
{
}
Ĺ 246 ]
émittee of fourteen met laſt night in the fame tavern, and
"received with great applaufe, will inform you of the fecret
65
purpoſes much better than any language of mine can do.
"It is a maxim of mine (faid he) that a king fhould be facri-
"ficed to the nation once in every hundred years ;
years; theſe
are his own words, for I was perfonally prefent at the
time, their meaning must be obvious to every thinking
mind; they propoſe to accomplish their helliſh deſigns
"by pretending moderation at firft in their demands, and
"proceedings and by degrees artfully to infinuate their dan
r¢ gerous ideas into the minds of their adherents, and when
"they fuppofe themfelves fufficiently powerful, then to attack
perforce the Throne and the friends of the Conftitution;
this they think they can do with more eafe and fafety
"than even the French; That I might be able to give you
as full an account as poffible of their proceedings, I at-
"tended their general meeting in the Barbers Hall on the
28th inftant, where there were prefent about two hun-
dred perfons of various defcriptions, a Mr Clerk in the
chair the plan of organization was laid before the meet-
"ing and referr'd with amendments to a Committee, and to
"be laid by them before the general meeting which is to
"take place on the 5th of September, as alfo a letter to
Mr Gray the fecretary to the London fociety; as they
"expect their number to encreaſe greatly; the fociety to
"be divided into fmaller ones, for the more eaſy diſpatch
of buſineſs, and their future Committees to confift of one
"or two delegates from each of thefe focieties, they are to
"put their declaration to the public into the newſpapers af-
❝ter it is approved of by the general meeting on the 5th of
September; as I could not be prevailed on to fubfcribet
their book of admiflion, no withſtanding their uſing ſe-
veral arguments to that effect on three different occafions,
"they fent me for my conviction, and information Pains
Rights of Man, M'Intofh's anfwer to Burke and Flow-
"ers publication, expecting that againſt next general meet-
❝ing I will fubfcribe. Be pleafed to advife lady Arnſton
« (your
3
1
}
í
1
[ 247 ]
" (your mother) not to go to Mr Elder the bookfeller fho?
to look after feditious books, fuffice it to ſay, that that
fellow has at one of thefe feditious Committees where I
was prefent, irritated the refibility of the company at the
"expence of yours and her ladyihips character; Elder is
their bookfeller. Thus I have without the knowledge of
"any one, done myſelf the honour of ftating to you the
"proceedings of this dangerous boly of men, and the mo-
tives that actuate their leaders, that you may have it
more in your power to take cautious vigorous and effec-
"tual meaſures to baffle their wicked intentions, I truſt you
will not reveal my correſpondence with you to any bur fuch
" as you can pofitively rely on, and be aſſured that I will
"with the utmoſt iecrecy inform you from time to time of
their proceedings, if you are pleafed to honour me with
." your commands by adreffing to me Merchant Edinburgh."
August 31st, 1792.
.86
ra
Letter read, dated London, 5th September 1792, addreſſ-
ed to Robert Watt, North Gray's Clofe, Edinburgh.
SIR,
I have receiv'd your letter of the 31ft ultimo, and ſhall
feel indebted on behalf of the public, for anv communicati-
on you may find it convenient to make to me. I truſt the
number of evil difpofed perfons you defcribe are not great,
but it is ftill neceffary to keep a watchful eye over them.
You may reft affured, you are perfectly fafe in any corre
ſpondence you may hold with me.
1
I am, with refpect,
Your moft obedient humble fervant,
HENRY DUNDAS.
Another Letter was read, dated Horfe Guards, Auguſt
29. 1794.
SIR,
I have the receipt of your's, of the 26th inſtant, and
lofe
( 248 )
}
{
}
lofe no time in informing you, that having made a diftinct
fearch, I do not find that I am in poffeffion of any one of
the letters addreft to me by Mr Watt, or the copy of any
one of my letters to him; to the best of my recollection,
all Mr Watt's letters were put into the hand of the Lord
Advocate.
I am, Sir,
Your obedient humble fervant,
HENRY DUNDAS.
To John M'Ritchie, Efq. Edinburgh.
LORD ADVOCATE Sworn.
Mr Erfkine.-Your Lordfhip has heard what I have fta-
ted, reſpecting the communication between your Lordship
and Mr Watt; be fo good as inform us of it.
Lord Advocate-In the month of October 1792, Mr
Dundas came to Scotland, and I had repeated converfations
with him, during that month, and till his return to London
in the beginning of December, with refpect to the then fi-
tuation of this country.-If I recollect right, Mr Pringle,
then ſheriff of the county, was prefent at moft of thoſe
converfations, the particular fubject whereof was about the
meetings of the Friends of the People, then taking place in
the weft country to a great degree, and the general alarm
occafioned by thefe meetings.This was a fhort while be
fore the meeting of Parliament. He mentioned to me, he
had received a letter, a fhort time before, from a man of
the name of Watt, a merchant in Edinburgh, he defired
me and Mr Pringle to enquire who Watt was, and whether
he was a fafe perfon to have any correfpondence with; the
refult of thofe enquiries, which were made as accurately as
we poffibly could, were fuch as to induce us to put a confi-
dence in Mr Watt; and from that period, to the month of
May laft, when I received in London, when attending the
Secret Committees of the Houfe of Commons, information
of what had been difcovered here, I never apprehended that
confidence was misplaced.
#
Q. Da
( 249 )
Q. Do you recollect receiving any letter from Mr Watt
when you was in Dunkeld?
A. In confequence of thoſe inquiries we made, on Mr
Dundas going to London, the duty devolved upon me,
and I conceived it my duty to carry on a correfpondence
with Watt and any perfon that was of the defcription of
Watt. In the courfe of thofe inquiries, I remember receiv-
ing Watt one night in my own houfe, when he gave me a
variety of information. I don't mean to mention it, nor the
names informed againſt by him, unleſs he think it neceffary.
He informed me that at a meetting in James's Court about
the beginning of November, 1792-
Mr Hamilton. Q. I don't aſk you what were the parti-
culars of the information that Watt gave you.
Lord Advocate. He once gave me in writing feveral informa-
tions in regard to the ftate of thofe parts of the country in
which he had lately been particularly the counties of Fife,
Perth and other places, and one piece of information he gave
me, I thought it my duty to tranfmit to Mr Secretary Dundas.
Q. What I mean to afk is, (I hope with propriety)
whether you did not think the information you got from
Watt to be from a perfon you had no reaſon to doubt ?
!
A. I ftated before that I had no reaſon to heſitate about the
confidence I had placed in Watt, with reſpect to the infor-
mation which I tranſmitted to Mr Dundas at that period; it
was to the following purpoſe: that a party of foldiers com-
ing from Chatham through England to Perthshire, had been
tampered with at feveral places in England and Scotland,
by perfons in whofe company they had been, to mutiny, and
particularly a certain number of them ftated, in their march
at a certain place in Fifeshire, that if they were called out to
fupprefs any riot, fuch as was faid to have taken place in
Dundee, they would not fight or do their duty. I con-
fidered this as fo materail and important that I tranfmit-
ted it to Mr Dundas. I received in a few days a letter
wrote by his order, encloſing a letter wrote by General Fox,
then commanding at Chathain Barracks, ftating the names
す
​ᏞᎥ
of
1
[ 250 ].
of the parties who had left Chatham fome time before, and
pointing out them who had gone to Perth. 1 communicat
ed this to the Commander in Chief, Lord Adam Gordon ;
he brought the foldiers to Edinburgh: among them he
brought the corporal of a regiment; it was a regiment
then ferving in India, in which Colonel M'Leod was the
Lieutenant-Colonel. Lord Adam Gordon fent to me pri
vately when they were come; I went down to the Ab-
bey, where his Lordfhip and I examined the men feparately;
and as they compleatly denied every fingle particular of the
information which I had received from Watt, nothing fur-
ther was done upon the fubject.
Lord President. Q. This was when?
A. This was in December 1792, or January 1793.
Mr Erfkine. Does your Lordſhip recollect any communi-
cation with reſpect to the plan of feizing the banks?
Á. Never; pleaſe to repeat your queſtion.
Mr Erfine. Whether your Lordship received from Mr
Watt any communication with refpect to a plan for feizing
the banks, while you were at Dunkeld in September 1793?
A. I was at Dunkeld in September 1793. I don't re-
collect having received any letter from Mr Watt, or hav-
ing feen Mr Watt fince June or July 1793, it may be other-
wife, but I don't recollect it.
Q. Do you remember having feen any letter from him
when you were in London?
A. In February 1793, before going to London, I
faw Mr Watt at night once or twice. I cannot tell
the number of times. At that time the trials were going
on against Craig and Anderfon and other perfons of
a fimilar defcription; Mr Muir and others were bufy at
Glaſgow, and I heard that a good deal of money was going
amongst thoſe people. I thought the money muſt come
from fome concealed quarter. I was defirous to know, and
I ftated, that I was pretty pofitive it must come either from
France or London, and I defired him to direct his attention
particularly to that object. In March, about the end of it
when in London, I received a letter from Mr Watt; he
ftated
}
[ 251 ]
·
ftated that he had been in company with certain individuals,
their names I fhall not mention, unless the Counfet defire
me fo to do; two of them were of that deſcription whom he
watched, and whofe proceedings he communicated. He
wrote me that two of them had given him reaſon to believe
that fomething of a very ſerious nature was going on which
they were acquainted with, and which they were inclined to
divulge, but which they would not diſcover uniefs they re-
ceived a thousand pounds Sterling down, or fome very large
fum I am fure it was. It occurred to me this was not a
propoſal to which I could liften, I did not ſuſpect Mr Watt ;
it occurred to me that the men deceived Watt, and that pro-
bably after having received the money, (if the money could
be given) the intelligence might not be worth having; be-
fore I returned the anſwer, Ì fhewed the letter to the Se-
cretary of State, and to the Chancellor of the Exchequer,
and they having both concurred in the fame opinion, I re-
turned that anſwer, and I heard no more of Watt till I
túrned to Scotland. In the month of May or June, Watt men-
tioned to me that he had been obliged to accept a bill on ac-
count of theſe men of L. 30 Sterling, which he would'be ob-
liged to pay. I wrote to a perfon in Edinburgh to pay, that
fum, and it was, accordingly paid.
re-
Mr Erskine. Q. Have you any letter written by Watt.
to Mr Dundas?
Lord Advocate. A. After having received my Subpoena,
I fearched every place where I thought it poffible, and or-
dered my clerk to do the fame, I fearched every place
where I thought any correfpondence with Watt could exift.
I wiſhed to get every correfpondence between us, and there
is what I have been able to find.
Mr Erskine-I fhould be extremely ſorry to take up the
time of the Court to read thofe papers, and the prifoner
fays he does not wifh them to be read.
Mr Hamilton. The Lord Advocate has given a fufficient
account of the correfpondence that paffed between Watt and
him.
Ii2
Lord
1
1
}
:
[ 252 ]
Lord Advocate.-I do not think I have feen or heard
from Mr Watt, fince June or July laſt year; I may have re-
ceived a letter from him at Dunkeld; if I did, it has efca-
ped my recollection completely.
Mr Hamilton.-I fhall trouble your Lordship, with only
one queftion more;-Whether Watt, in the interviews he
had with your Lordſhip, did not afk of you, how he was to
conduct himfelf, and whether he did not conduct himſelf in.
the mode that was prefcribed for him; whether he had not.
offered to Mr Secretary Dundas, to give him the informati-
on that ſhould appear to him to be important upon the occa-
fion?
Lord Advocate-In the way I came to be introduced to
him, and knowing I confidered him as a perfon giving infor-
mation to government voluntarily, of what was going on, I
confidered him as a man of refpectable character, in confe-
quence of the inquiries I had made about it.
Mr Anftruther.-My Lord Advocate, if I understood
your Lordship right, you faid, the only information you
thought material, you received from Mr Watt, was that
which refpected the foldiers which you have mentioned.
A. Yes.
Q. And that, I understand your Lordfhip to have faid,
upon inquiry, turned out, as far as you could difcover, to be
void of foundation.
A. It certainly did.
Q. Did I underſtand your Lordſhip right, when you faid,
that Mr Watt, in the month of March laft, had made an
application to you, ftating, that fome pertons would make a
diſcloſure, provided they could receive a füm of money?
A. In March 1793.
Q That was not accepted?
A. I wrote to him, declining to do it.
Q. Have you had, to the beſt of your recollection, any
letter from, or any meeting with Mr Watt, fince the meet-
ing of the Britiſh Convention that met in October 1793 ?
A. I mentioned already, I think I have not feen him, nor
↓
received
}
i
}
(253
( 253 )
received any letter from him, fince June or July 1793, and
I was afked, if I received a letter from him at Dunkeld, to
which I gave for anfwer, that I do not recollect having re-
ceived any fuch; but I am pofitive, I have neither received
information from him, nor feen him fince October 1793.
Mr Anftruther, (to the priſoner's counſel.)—Do you call
any body elſe?
any
Mr Erskine.No.
Mr HAMILTON then addreſſed the COURT and JURY, as
foliows:-
MY LORD PRESIDENT,
GENTLEMEN OF THE JURY,
The cafe that has this day come before you, is one more
deferving of your attention, than any that ever, perhaps,
was heard within thefe walls.
Gentlemen, it is a cafe of perfect novelty; for I can ven-
ture to fay, that, though near one hundred years have elap-
fed, fince the law of Treafon in England and Scotland have
been declared to be the fame, (except in one cafe, relating to
the eſtabliſhed coinage,) the prefent is the firſt trial for that
crime that has occurred in the criminal annals of this country.
It is a cafe, Gentlemen, of fingular importance indeed;
for, as it is the higheſt crime known in fociety, ſo it is necef-
farily attended with the moſt ſevere and deepeſt puniſhment.
Gentlemen, it is a cafe of blood, and you are, this day,
by your verdict, to decide the fate of the prifoner at the
bar; you are to determine, whether the gates of Eternity
are to be immediately thrown open to him, or if he is to
be allowed to pafs the remainder of his days in peace, till
the due courſe of Nature, and difpenfation of Providence
ſhall call him at length to the grave.
I have
1
}
[ 254 ]
I have been appointed, by the Court, counfel for the pri
foner at the bar; in that fituation, I am bound to do him.
all the fervice that I can, and I can fafely lay my hand upon.
my heart, and, as a man of honour, declare, that I fhall do
him all the juſtice that lies in my power-It is a duty I owe >
to the feelings of my own mind;It is a duty which I owe
to the profeffion to which I have the honour to belong; and
above all, it is a duty I owe to the prifoner before you, who
has entrusted the defence of his precious exiftence to my
charge.—I do not mean to make any apology for my appear-
ance here; but from the anxiety I muft feel, in the fitua-
tion in which I ftand, I may perhaps be led into error, in
more reſpects than one. The prifoner may reft affured, that
nothing fhall be left undone on my part. And I hope, that
he will pardon me, if, from inability or inexperience, I fhall
fay too little; and I hope, Gentlemen, to meet with your
indulgence, and with that of the Court, if, from perhaps a
laudable anxiety, I fhall fay too much.
The crime charged is High Treafon, an attempt to over-
turn the government of this country, the moſt important of
all events, as it loofens the bands of ſociety, and undermines
all fecurity. You, Genilemen, who live under, and enjoy
the bleflings of this happy Conſtitution, can you fuppofe,
that any one fhould attempt to cut himſelf off from fuch
advantages! where the road to profperity and happineſs, is
laid open to all; where the lives of the ſubject are not wan-
tonly ſported with; but where fecurity and ftability exiſt,
and I truft, ever will remain, as the defirable and ultimate
object of all our wifhes and defires! No, Gentlemer, you
will, from thefe circumftances, infer the ftrongeſt prefump-
tion to the contrary; you will not imagine it poffible, that
the pannel, who has been living within the mild adminiſtra-
tion of this country, ſhould ſtrive to overturn its Conftitu-
tion. It is not a thing you will lightly prefume, but, on
the contrary, you will require the ſtrongeſt evidence that
can be figured, of fuchra wild intention.
1
}
I
"
[ 255 ]
If I am entitled to lay hold of this, as one general pre
fumption, I am equally well entitled to ftate another:
The crime, Gentlemen, charged in this cafe, is the atro-
cious crime of High Treafon. But, when we look into the
melancholy annals of our own hiſtory, where the crime of
High Treafon ftains even the darkeſt pages of our criminal
records, we do not find that fuch men as thoſe now at the
bar have ſtirred the mighty mifchief. Often, too often, has
the beſt, the nobleft blood of our country from³ miftaken
notions, ſtreamed upon the fcaffold; but never till now,
have we heard of men of low pretenfions, endeavouring to
rear themſelves into importance, by ſuch unſuitabie attempts;
fuch, however, is the perfon now before you; you know his
fituation, and you will not eaſily prefume, that he fhould
engage in attempts, entirely out of his reach, and which his
ſphere in life cut off and deprived of all probability or pof
fibility of fuccess.
`now
Gentlemen, the crime charged in the cafe is not (and I
am happy it is not) a direct attempt upon the life of his Sa-
cred Majefty. Had it been fuch, I for one declare I would
not have appeared as his advocate at this bar; as
ftand I am bound no doubt to do as much as in me lies, in
my capacity as an advocate; but had the charge been other-
wife, I could not have fo far difguifed my feelings. I could
not I avow have lifted up my voice to defend one who could
either in thought or idea have meant to attempt the life of
that gracious Sovereign, whom in a former period of my
life, I am proud to fay, I ferved, in what I fhall ever efteem
the moſt honourable of all ftations. But the crime charg-
ed is of a different complexion. It is a charge of con-
ſtructive treaſon, which bears not perfonally againſt the So-
vereign, and which is only brought within the meaſure and
compafs of the law, if it is brought at all, by the moſt artis
ficial and ſtrained chain.of argument.
It is indeed faid in the indictment, and which was fo ably
urged and enforced by Mr Anftruther, who ſpoke fo fully on
this cafe, that the prifoner was guilty of "Compaffing and
imagining the death of the King." Yet notwithstanding
the
(256).
the high expreffions of that honourable gentleman," and
tho' he poffeffes as many advantages I can never hope to
attain, having the knowledge of every particular of the law of
England, and particularly that knowledge he has of the ſubject
of this day, which he has urged fo forcibly and fo well, I fhall
nevertheless be bold enough to exert my beft endeavours in
controverting the doctrine he has been pleaſed to lay down.
I ſhall accordingly ſet out with what I take to be the law
of this kingdom, as to that fpecies of treafon which falls un-
der the indictment fubmitted to your contideration.
The indictment is laid upon the Statute of the 25th of
Edward III, wherein it is enacted, "That the compaffing
and imagining the death of the King fhall be High Trea-
fon;" but where only the imagination of the crime exiſts,
and it can exiſt only in the mind, it is neceffary that it
fhould be manifefted in fome fufficient manner; it requires
a fufficient indication and a fufficient overt act to bring it
within the compaſs or intendment of the ſtatute.
Gentlemen, I need fcarce inform you that by the happy
union of this country with England; the laws of England
and Scotland with regard to High Treafon are declared to
be the fame. This is by the VII. of Queen Anne, the in-
tent of which you well know. But Gentlemen, I must get
you to confider what the import of that ftatute is; it ftrikes
me that this ftatute, which declares the laws of the two
countries fhall be one, has reference only to the laws as
eſtabliſhed by the ftatutes which conftituted that law. It
will be aſked me by the bench as a grand leading propofi-
tion, why we argue upon a matter that ſtands already in fo
clear a light; the judicial proceedings of a Court, and a
long train of practice which will establish it. Practice is no
doubt in general the rule of deciſion in the law; but, I ap-
prehend when the ground and foundation of that law, and
eſpecially in criminal cafes, is a ftatute or ftatutes, you are
tied down explicitly to the tenor and import of the words
of fuch ftatutes; "Judicandum eft Legibus non exemplis."
This I apprehend to be the legal rule, and therefore I con-
fider
[ 27 ]
fider the law of the two kingdoms made one and the fame,
in fo far only as the exprefs enactments could apply in let-
ter and conſtruction. All that was demanded by the enact-
ment of Queen Anne was that the law of High Treafon, as
expreffed in the ftatutes then in force, fhould be adopted
into the law of this country, and no more; more explicit
ly what I mean to fay is this: that this country did not ex-
prefsly adopt or give compleat and full fanction, even to
writers I fhall afterwards have occalion to mention to you,
nor did it give up or implicitly go into cafes afterwards re-
garded as precedents. The opinions of writers upon any
fcience will no doubt be regarded, and the opinions of judges
meet with due refpect; but you are not tied down by them,
you are to regard them if you pleafe, but you are at the
fame time bound to confider, to weigh well, and uſe your
own judgment and difcretion to decide upon the law of
treafon as applicable to any particular cafe which occurs in
this country. You are in fact to be bound by the words
and fpirit of the ftatutes, and not to regard all the former
precedents quoted to you as the eſtabliſhed law, not of this
country but of another, whofe ftatute I admit you have
adopted, but whofe opinion upon that ftatute you are
at liberty either to chufe or reject. In fhort, fo far as the
ſtatute 25th of Edward regulates the law of High Treafon
it is to be regarded, but you adopted only that ſtatute, and
not the whole of the law of England, opinions and prece-
dents upon that important branch of Criminal Juftice.
If I am right and fuccefsful in maintaining this legal pro-
pofition, there is an end of the prefent queftion.-For, if
the words only of the ftatute are to be regarded as to com-
paffing and imagining the death of the King, what muft be
the refult? muft not the facts charged have a direct ten-
dency to endanger the King's perfon? must they not ex-
prefsly indicate the worst of crimes? the endeavouring to
ſeek or procure the death of the King? If that was the
cafe, if the facts charged here amounted to fuch black and
daring atrocity, there would be an end of the cauſe; but
KK
this
!
( 258 )
}
this is not the cafe. It is not attempted to be faid that the
life of the King is, or ever has been the object of the pre-
fent attack it is not the compaffing and imagining of the
death of the King, directly with an intent to kill, but it is a
conſtructive imagination only. It is not here a levying of
war, thats trea on independently and altogether, but the
contr ving and confpiring to levy war, which, in the conftruc-
tion that is contended for is endangering the life of the So-
vereign, and thereby compaffing his death. The words
then of the ftatuie appear in every fenfe that language can
admit of to have a pointed relation only to an immediate.
defign againſt the Royal perfon, and the overt act muſt fhew
that the mind had an equally definite, and certain relation
to the accompliſhing of fuch defign.
'
Many authorities were quoted by Mr Anftruther who
op ned this cafe, and thefe were no doubt of high reputę
in the law of England, and made formidable mention of;
many alfo were paffed over which were equally well intitled
to be duly regarded. Tho' I do not build upon them I am
not afraid to inveftigate their import; I well know they
confirm and fupport in the ſtrongeſt terms the construction
of the law of treafon which I have hitherto contended for.
One of the moft antient writers on the law of England was
entirely paffed over, that is Lord Coke. I will take notice
of him, as he is an older writer than any that have been
taken notice of this day. I fhall take the liberty to tatę
his opinion, and I have no doubt but that it will have a good
deal of weight in your minds on this occafion.
In his third Inftitute, page 9, he treats of the law of
Treaſon, and takes notice of the prefent ftatute. By the
common law, he mentions that a compaffing or confpiracy
to levy war is no Treafon, for there must be a levying of war
in facto; nor is this contrary to what the Gentieman faid
who fpoke before me. Afterwards, in page 12, he men-
tions the mode of compaffing the King's death, and how it
is to be proved. "In this branch four things are to be ob
ferved; firft, this word (proveablement) provably, that is,
3
}
3
upon
$
1
[ 259 ]
upon direct and manifeft proof, not upon conjectural pre-
"fumptions or inferences, or ſtrains of wit, but upon good
and fufficient proof; and herein the adverb [provable-
"ment] provably, hath a great force and fignifieth a direct
"and plain proof; which words the King, the Lords, and
"Commons in Parliament did ufe, for that the offence was
"fo heinous, and, was fo heavily and feverely puniſhed, as
none other the like; and therefore the offender muſt
"provably be attainted, which words are as forcible as up-
έσ on direct and manifeft proof. Note, the word is not
έσ (probably) for then commune argumentum might have fer-
"ved, but the word is (provably) be attainted."
"
3
Thefe are the fpecial words to afc.rtain this crime, and
regard alfo the mode in which it is to be brought to puniſh-
ment, which shows how very exactly and critically that high
crime was in thofe days to be judged of and punished. In
the fame treatife, taking notice of what he had before ſaid,
and taking alfo notice of the fame ftatute, he fays, (p. 14.)
"The compofition and connection of the words are to be
"obferved, viz. [thereof be attainted by overt-deed] this
relateth to the feveral and diftinct treafons before ex-
દ
preffed, (and efpecially to the compaffing and imagina-
"tion of the death of the King, &c. for that it is ſecret in
"the heart,) and therefore one of them cannot be an overt
•
act for another: as for example, a confpiracy is had to
levy war, (this, as hath been faid, and ſo reſolved,) is no
ἐσ treafon by this act until it be levied; therefore it is no
σε
overt act or manifeft proof of the compaffing the death
"of the King within this act; for the words be (de ceo, &c.)
"that is, of the compaffing of the death. For this were
to confound the feveral claffes, or membra dividentia et fic
is de cateris."
And he alfo mentions, " And the wifdom of the makers
"of this law would not make words only to be treafon, fee-
is
"
ing fuch variety amongst the witneffes are about the fame,
as few of them agree together. But if the fame be fet
"down in writing by the delinquent himſelf, this is a fuf-
Kk 2
"ficient
}
}
*
f
}
[ 260 J
"ficient overt act within this ftatute." In the paffage
mentioned before concerning High Treafon in the quota
tion I read to you, you will obferve, Gentlemen, it is fai
exprefsly, that confpiring to levy war againſt the King ſha
not be deemed an overt act of treaſon within the ftatute
therefore it is clear by plain conftruction that this crime fha
not be inferred. A confpiracy to levy war, is a high mifde
meanor, and on account of the danger which may be th
refult, fhould be confidered, no doubt, as a crime of
deep and ferious nature, and fhould not go unpuniſhed
but according to this author, who confiders the point m
nutely, fuch a confpiracy, unleſs the war was actually levie
falls not within the ftatute. This great authority is the olde.
we have, in the law of England as to treafon, of any weight
he was Chief Juftice in the reign of James I. at which perio
of our hiſtory, it will not be pretended but that as high an
mighty ideas were entertained of the royal prerogative an
authority as in any reign we know of.
Lord Chief Juftice Hale was referred to by the Gentle
man who opened the cafe in point of law, and I alſo hope
Gentlemen, that you will find him of fome fervice to yo
in judging of this cafe; 'you will pay a good deal of atten
tion to what that great judge writes upon the fabject in hi
hiftory of the pleas of the crown. This author was Chie
Juftice, and wrote in the reign of Charles II. and we know
that in that reign, any matter which related to the prero
gative would not be overlooked. The paffage I mean t
take notice of, is that which was read by Mr Anſtruther
page 109, and upon which he refted as an authority in hi
favour. The words are, "Though the confpiracy be no
"immediately and directly and exprefsly the death of th
GE
King, but the confpiracy is fomething that in all probabi
"lity muſt induce it, and the overt act is of fuch a thin
"that muft induce it; this is an overt act to prove the com
"paffing of the King's death, which will be better explain
"ed by the inftances themfelves, and therefore,
of I
[261]
If men confpire to imprifon the King by force and a
"ftrong hand till he hath yielded to certain demands, and
*for that purpofe gather company or write letters, this is
4 an overt act to prove the compaffing of the King's death,"
&c.
This paffage, you will perceive, treats of a confpiracy a-
gainst the King's life; and though by this time, the writers
upon the law of treafon had begun to diverge fomewhat
from the plain and unequivocal conſtruction put upon the
tatute of treafon by Sir Edward Coke, ftill it is clear that
the immediate perfonal danger of the Sovereign was the ob-
ject in view. The paffage I have read, points not to any
ftrained and forced conftruction of circumftances from which
the King's life might be remotely put in peril, but refers
pofitively and pointedly to fuch circumftances and fituations
where the life of the King is exprefsly pointed at, and where
his death could not fail to be the certain confequence. "The
confpiracy," fays he, "fhould be of fomething, that in all
probability must induce it, and the overt act is of fuch a
"thing as muft pofitively induce the death of the King."
Here there is no ftraining or laboured conftruction, but a
plain and poſitive direction which affirms what no one will
deny, that a confpiracy to levy war, which in its effect muft
be immediately directed against the King's perfon, or ac-
cording to Lord Hale's words, muft induce his death, is High
Treafon. I will therefore reſt upon the authority of this
great author, for I think it is potitive and exprefsly in fa-
vour of the conftruction which can truly be put upon the
criminal laws of this kingdom.
66
Gentlemen, I am forry to trouble you with fo much re-
ference to books, but I feel it neceffary in this cafe, and the
more fo, as the law was very largely argued from them by
the Gentleman who opened this cafe upon the part of the
Crown. He took fome notice of this writer, and I muft ob-
fèrve, that this fame refpectable judge, in another paffage,
gives a moſt pofitive and direct opinion as to the expediency
and propriety in giving a proper explanation and juſt con--
Bruction
:
1
£ 262 j
1
Atruction of the ftatute of treafon.
Talking of the 25th
of Edward, and of conftructive levying of war, he lays,
"Theſe refolutions being made and feitled, we muſt ac-
66
έσ
quiefce in them; but in my opinion, if new cafes hap-
pen for the future that have not an expreſs refolution in
"point, nor are exprefsly within the words of 25th of Ed-
*ward III. though they may feem to have a parity of rea-
fon, it is the fafeft way and moft agreeable to the wif
"dom of the great act of 25th Elward III. firft to confult
"the Parliament and have their declaration, and to be very
હૈદ wary in multiplying conftructive and interpretive treaſons,
« for we know not where it will end.”
W
Serjeant Hawkins was referred to by the Honourable
Gentleman upon the other file, and from what I could learn,
and I could learn but very little: only from one part I learnt
that "a confpiracy to levy war against the King's perfon
may be ſtated as an overt act of High Treafon." I have gi-
ven all along what I conceive to be the true conſtruction and
meaning of the law, which this opinion of Hawkins perfect-
ly co-incides with; it takes notice of the King's perfon, and
only draws a conclufion when the perfon fhould be put in
danger; and by mentioning the perfon without affinity or
relation to Government or any thing elfe, it is a plain in-
ference that he underſtood the ftatute meant to apply only
to a cafe where the royal perfon is immediately and particu-
larly in danger.
Judge Fofter, in his excellent difcourfe on Crown Law, is
the great authority referred to and relied on this day, by
the Gentlemen on the other fide of the bar, and though,
perhaps at the firſt view, it may ſeem that he bears hard up-
on the doctrine I have been maintaining, as to what is or
ought to be deemed an overt act of compaffing the King's
death in terms of the ftatute; yet, when more minutely ex-
amined, it will be found that this judge draws the very di
ftinction I have been all along contending for. He draws
a marked diſtinction between a confpiracy to levy a war im-
mediately and directly against the King's perfon, or which
is
1
- E 263 ]
is the fame thing, when the King's perfonal fafety muft ne,
ceffarily and of confequence be endangered, fo that he ne-
yer lofes fight of what was the original intendment of the
ftatute. His words are (page 195) “The care the law hath
"taken for the perfonal fafety of the King, is not confined
to actions or attempts of the more flagitious kind, to
affaffination or poifon, or other attempts directly and im-
"mediately aiming at his life. It is extended to every thing
"wilfully and deliberately done or artempted, whereby his
"life may be endangered. And therefore the entering in-
" to meaſures for depofig or impriſoning him, or to get his
"perfon into the power of the confpirators, thofe offences
are overt acts of treafon within this branch of the fta,
"tute."
;
Now, the truth and juftice of this legal opinion cannot,
nor fhall it be denied; and what does it come to? It a-
mounts to no more than what I have all along mentioned,
that the law of treaſon, that branch of the ftatute which re-
ſpects the compafling or imagining, had a relation only to
fuch acts, attempts, or defigns, as had a hoftile tendency to
the perſon of the Sovereign; and you will not fail to notice,
Gentlemen, that all the cafes mentioned in the paffage I
have now read, to wit, depofing, impriſoning, or getting
his perſon into their power, neceffarily imply immediate vio-
lence; and confequent danger to the perſon is then moſt
properly regarded as High Treafon, and will, I truft, ever
be the law of this country.
In the next chapter, where he treats of levying war, the
Learned Judge mentions what kind of infurrections and
rifings will amount to a levying of war within the ftatute,
as alfo, when and in what cafes a confpiracy to levy war for
fuch and fuch purpoſes, though not treafon within the
claufe of levying, is yet an overt act of compaffing or ima
gining the death of the King. To the diſtinction here fixed,
1 muft, Gentlemen, call your earneſt attention "Infur-
rections," fays he, (page 211) " in order to throw down
If all inclofures, to alter the eſtabliſhed law, or change re-
ligion,
1
;
CC
:
[ 26 ]
1
ligion, to enhance the price of all labour, or to open all
prifons, all rifing in order to effect theſe innovations of a
"public and general concern by an armed force, are in con-
ftruction of law High Treafon, within the claufe of levy-
❝ing war. For though they are not levelled at the perſon
"of the King, they are against his Royal Majefty; and, be-
fides they have a direct tendency to diffolve all the bonds of
fociety, and to deftroy all property and all government too,
"by numbers and armed force. Infurrections likewife for
"redreffing national grievances, or for the expulfion of
foreigners in general, or indeed of any ſingle nation here
living under the protection of the King, or for the re-
"formation of real or imaginary evils, of a public nature,
،
1
and in which the infurgents have no fpecial intereft. Rif
ings to effect thefe ends by force and numbers, are by
"conftruction of law within the claufe of levying war,
For they are levelled at the King's crown and royal dig-
nity." He then goes on to notice Benftead's cafe, where
an infurrection was raifed to feize Archbishop Laud at
Lambeth-houfe, and which was adjudged High Treafon,
Gentlemen, I call your attention to this paffage, and I
request of you to confider whether fome of the cafes
there enumerated, do or do not very ftrictly reſemble
the object for which a rifing was faid to be intended, as
charged in this indictment.
But, Gentlemen, you will obferve that the learned judge
in the paffage I have now read, is ſpeaking of an actual levy-
ing of war, where an infurrection has been raiſed, and war
actually levied, which makes the criminality and brings the
cafes within the flacute; and in the very next page and fec-
tion, what are his words?" But a bare confpiracy for ef-
A
fecting a rising for the purpoſes mentioned in the two
"preceeding fections, and in the next, is not an overt act
"of compaffing the King's death, nor will it come within
any fpecies of treafon within the 25th of Edward III.
"unleſs the rifing be effected, and in that cafe the confpi-
Fraters, as well as the actors, will all be equally guilty; for
66 j??
}
[ 265 ]
" in High Treafon of all kinds, all thé participës criminis
"are principals ;" and he refers to the cafe of Damaree and
Purchaſe, upon the trial of Doctor Sacheverell, which would
not have been High Treafon unleſs a rifing had actually take
en place. Gentlemen, this is a pointed and great authority,
and I am well pleafed with this opinion; for it ſuits exactly the
cafe before you. It is not faid that any war has been actually
levied, but that there has been a confpiracy only to levy
war. Gentlemen, you will judge if the exiſtence of that con-
fpiracy is made out by evidence, and although it was, al-
though there was fome appearance of ſome deſign to effectu
ate ſome kind of rifing, fure I am, you will never believe
or imagine that it was a war of the greater degree, directly
tending to endanger the King himfelf, but, if at all, of the
leffer fpecies only, as diftinguifhed by Fofter, which never
having been levied, amounts to no overt act ſo as to indicate
a compaffing of the King's death in terms of the ſtatute.
I am confirmed in the inference I draw from this evident -
diſtinction by the opinion of a great lawyer indeed, quoted
to you by the Gentleman on the other fide of the bar,
Chief Juſtice Holt; he was not one that wrote books, but
he was one upon whoſe authority books have been written;
I will ſhortly take notice of the paffage in his charge to the
Jury on the trial of Sir John Friend, which bears on this
cafe; his doctrine is laid down in very ftrong, and I think,
very clear and expreffive terms, and applies moſt pointedly
to the cafe now before you, fo that you will therefore weigh
it with fufficient attention. Taking notice of the argument
that had been uſed for Sir John Friend, he fays, "here is
“ another thing that he did infiſt upon, and that is matter
of law. The ftatute of Edward III. was read, which is
"the great ſtatute about treaſons, and that does contain di-
"vers fpecies of treafon, and declares what fhall be treaſon;
"one treaſon is the compaffing and imagining the death of
"the King, another is the levying war. Now, fays he,
"here is no war actually levied; and a bare confpiracy or
"defign to levy war, does not come within this law of
"High
LI
+
1
[ 266 ]
* High Treafon. Now, for that I must tell you, if there Be
only a confpiracy to levy war, it is not treaſon; but if the
**defign and confpiracy be either to kill the King or to de-
pofe him, or imprifon him or put any force or reſtraint
upon him, and the way and method of effecting thefe is
by levying a war, there the confultation or confpiracy to
levy a war for that purpofe is High Treafon, though no
« war be levied; for fuchi confultation and confpiracy is am
"overt act, proving the compaffing the death of the King,
❝ which is the first treafon mentioned in the ftatute of Ed-
"ward III. for the words of that ftatute are, that if any
"man thall compafs or imagine the death of the King.
"Now, becauſe a man defigns the death, depoſition or de-
struction of the King, and to that defign, agrees and
"confults to levy war, that this ſhould not be High Trea-
« ſon, if a war be not actually levied, is a very ſtrange
doctrine, and the contrary has always been held to be
* law." Now, to this doctrine I moft cordially fubfcribe,
for
you will obferve that this is the greater degree of war he
is fpeaking of, which the words he has ufed evidently fhew
bears directly upon the King's perfonal fafety, who by fuch
a war muſt either be deftroyed or put in extreme danger.
ર
་
N
He then proceeds to draw the diftinction; "There may,"
fays he," be a war levied without any defign upon the King's
"perfon or endangering of it; which if actually levied is
"High Treafon ; but a bare defigning to levy war without
« more, will not be Treafon. As for example, if perfons
do affemble themselves and act with force in oppoſition
"to fome law which they think inconvenient, and hope
"thereby to get it repealed; this is a levying of war, and
"Treaſon, tho' purpofing and defigning it is not fo; fo
"when they endeavour in great numbers with force to
"make fome reformation of their own heads without pur
fuing the methods of the law, that is a levying of war
and Treaſon, but the purpofing and defigning it is not
46. fo."
1
Here,
}
I 267 1
Here, Gentlemen, do I close my legal authorities, for I am
fure there is no occafion to cloſe them with one ftronger in
my favour than that I laft mentioned. It establishes exprefs-
ly the diftinction contended for of the major and minus de-
gree of war, to levy which a confpiracy may be on foot,
having done fo I leave you to draw the conclufion, and I
am confident you will not hesitate to think but that the caſe
before you with all its circunftances clearly falls under the
laft of thefe degrees, and cannot therefore be attended
either with conviction or puniſhment.
Gentlemen, you have, I believe, all the authorities on both
fides before you, and as you are intitled to judge both of
the law and fact, in this cafe I thought it a part of my du-
ty to ſtate what I thought applicable, that you might have
at leaft both fides of the question fairly fubmitted to your
own judgment and difcretion.
/
It is faid, Gentlemen, that compaffing to levy war, muſt al-
ways be held as an overt act of compaffing the king's death;
but, Gentlemen, I cannot agree to this, for the conftruction
which I apprehend is to be given to this flatute of Edward
third, is fortified by another argument of very great impor-
tance. It contains two fpecies of Treafon; it contains a
compafting the death of the King, which is Treafon of a
moft dangerous nature; and it contains alfo a levying of
war against the King, which alfo is Treafon; but if a con-
Ipiracy to levy war was fufficient to bring any one within
the other claufe of the Statute, the compaffing the King's
death, the making the levying of war alfo Treafon, is an
enactment perfectly fuperabundant and unneceffary; it be-
ing abfolutely neceffary that before a war is levied there be
a confpiracy to levy that war. In this view then the Sta-
tute is abfurd, and tho' fhort and most important, is yet in
the very outfet overwhelmed with inexplicable language and
unneceffary redundancy. Gentlemen, I have a higher ref
pect and efteem for the wifidom of our anceſtors than to go
into this idea. I don't think they would throw away their words
in vain and without intending that they fhould have fome
L12
effect
$
1
[268]
}
Į
་
effect or meaning, yet according to the meaning of the
claufe which the gentlemen contend for, they have been
grofly guilty of mifapplying their words to no purpofe. I
cannot prefume this, and I muft on the contrary conclude
that the legislature of England, at that time as well as in
later periods, really underſtood that there was a diftinct dif-
ference as to what was meant to be expreffed in the two
branches of the Statute, that they were different fpecies of
crimes altogether, and could not be taken by implication
and ftrained conſtruction to explain, aid and affift one ano,
ther.
༣
Gentlemen, the fame opinion and idea is confirmed and
powerfully ftrengthened by the confideration of one or two
Statutes in fubfequent periods. By the ftatute of 13th
of Elizabeth, I dare fay I have no occaſion to read it, I will
ſtate what I conceive to be the import of it, but I ftand under
the correction of the gentlemen on the other fide if wrong,
by that act it was declared that a bare confpiracy to levy war
of itſelf fhould be deemed High Treafon. Gentlemen, did
not this import the confideration, the conftruction, and un-
derſtanding of the nation at large, and the opinion of the
Legiflature and fages of the law that made this Statute, that
at that time a bare confpiracy to levy war could not be
brought any how within the clauſe of compaffing or imaginę
ing the King or Queen's death?
ง
hat occafion was there for that Statute if the law ftood.
as it is now contended it does, that a confpiracy to levy war
without any diftinction, was a compaffing of the King's
death, and came under the Statute of Edward III? but
this was under the view of thoſe who enacted the ftatute of
the 13th of Elizabeth, it was under their confideration, but
ftill they thought it neceffary to make fuch a law. This
ftatute was only for the life of the Queen, fo that on her
demife, and upon that ftatute's expiring, the queſtion re-
verts to what was the law before that ftatute was enacted
¿
and this I have endeavoured, I think upon found reafon and
conſtruction, fully to point out. Again, Gentlemen, in the
13th
M
L 269 J
13th of Charles the II. another ftatute was enacted fimi-
lar to that of Elizabeth, whereby it was declared, "That
whoever ſhould compafs or imagine to levy war against his
"Majefty, within the realm or without, fhould be deemed
"guilty of High Treafon."
Here again the enacting of this law bears me out in this
cafe as well as in the former; for it was underſtood and muſt
have been acknowledged to be the law by our anceſtors, and
the lawyers both in the reign of Queen Elizabeth and of
Charles II. that by the 25th of Edward III. a compaffing
to levy war was not High Treafon, nor could fall under the
ſpirit or tenor of the ftatute of treaſon,
Here alfo the fame conclufion follows that act was only
made for the life of Charles the II, fo that hav ny expired,
the law reverts to that conftruction which I fay it ſhould
have, and which according to my argument, it certainly had
before theſe temporary acts were paffed.
Gentlemen, I don't really think I am ftraining the mat-
ter too far, and God forbid that even in a caſe of death,
which it muſt be if the priſoner is found guilty, God forbid,
I fay, that I fhould ſtrain the matter too hard where a con-
fpiracy it is faid comes in competition, a confpiracy against
the life of our gracious King; but from authorities I have
been at ſome pains to diſcover and digeft in my own mind,
I do believe I am not preffing this matter farther than I
ought. I have examined a good many precedents and cafes
which have occurred fince the period I was talking of, but I
will not refer you farther back, as I don't wish to engage
much of your time, than to the reign of Charles the II.;
and it appears to me, that wherever there has been an in-
dictment upon the compaffing aud imagining the death of
the King, there has always been a direct reference to fome
attempt upon the perfon of the Sovereign, or fome relation
to it in fome circumſtances, fo that imminent danger to him
muſt have followed from the meaſures purſued.
In the Rye Houſe plot bufinefs, fo well known in hiſtory,
an attempt was made to affaffinate Charles the II.; in that
cafe,
{
[ 20 ]
1
+3
cafe, there was no occafion for ufing any ftrained conftruc-
tion, or of bringing proof of any overt act, which, by in-
ference might have perhaps accomplished the King's death ;
there was a direct attempt against the life of the Sovereign,
a violent attempt to cut off and affaffinate him, but which
however never took effect; no doubt two trials followed
thefe of Wallcot, Hone, and others, who were concerned in
the Rye Houſe plot; I mean the trial of Algernon, Sidney,
and Lord Ruffel. Thefe were tried upon indictments for
High Treafon, and an overt act was endeavoured to be
proved upon Lord Ruffel, that he had been in Converfation
about the feizing of the King's Guards; but that was held
to be an overt act of compaffing the King's death; but you
will not be led away by confidering that cafe as a cafe of
precedent in point of law, for we know well that the at-
tainder and the proceedings against that noble Lord were re-
probated and reverſed in the next reign, and the ground of
the reverfal, both in that cafe and in that of Sydney and
Armitrong, was the having flown in direct oppofition to
Law.
The next cafe that ſtrikes me, as having any relation to
the prefent cafe, is that of Lord Prefton, who, in the reign
of William III. endeavoured to fupport the intereft of the
exiled monarch, James II.
1
1
Now, it is a fact, Gentlemen, that the chief charge, laid
in that indictment, was, his having endeavoured to bring in
the Pretender, for fo James II. was then called.
It is no
doubt true, that the indictment was framed alfo, upon his
having been guilty of compaffing the King's death; but
this is eafily explained, for there the direct effect which
Lord Prefton's attempt muſt have had upon the life of the
Sovereign, was fo obvious, that it would admit of no other
conftruction; it was to bring in James II, it was as much as
to fay, we will attempt to take away the life of the Sove,
reign, King William; for there cannot be two Kings in this
country, cne or other muft fail: fo that in fact, it may not
entirely have gone according to the judgment, which, by
inference
[271]
:
#
Inference, was formed upon that fact; and, I do believe,
apon looking into the record, it went upon the other
ground, to wit, endeavouring to bring in the Pretender, and
not at all upon the ground of his coinpaffing and imagining
the King's death.
The next great inftance which occurred, was the affali-
nation plot, in the reign of William II. you muſt be well
acquainted with the circumstances. Thole who were firſt
tried, to wit, Charnock, King, and Keys, were accuſed of a
confpiracy to affaffinate the King; the indictment was laid
upon an attempt to compaſs the King's death; it was proved
there were pofitive and direct acts, in order to take away
the life of the Sovereign, by compleat affaffuation; it fays,
it was by having that in view, only, and not any attempt a-
gainſt the life of the Sovereign, by conftructive reaſoning,
or far fetched inference, which would at all times admit of
dubiety. A good many cafes were tried at the fame time,
to wit, the cafes of Rockwood, Cranbourne, Lowick, Cooke
and Knightly, but they all went nearly upon the fame point:
For in thefe, the indictment was laid, both on the plot for
affaffinating the King, and for adhering to the King's e-
nemies, being then at war with France; fo that, upon either
branch, there was no occafion for any ftrained or artificial
chain of argument. The cafe of Sir William Parkyns, was
precifely fimilar, and then it was that the opinion of Lord Chief
Juſtice Holt, in the caſe of Friend, formerly noticed, made its
appearance. That opinion, ſo far from militating upon my
argument, confirms it; for, in that cafe, the indictment
was laid, both upon compaffing and imagining the King's
death, and upon adhering to the enemies of the King, and
it is well known, Sir John Friend had as nigh a connection
as poffible, with the perfons concerned in the affaffination
plot; but, although that was not, perhaps, complea ly pro-
ved, certain it is, that in that cafe, there was a diſtinct
ground of Treafor, that of adhering, and correſponding
with our enemies. And as to Sir John Friend, it was pro-
ved, that he had a commiffion from James II. and enlifted
men
1
[272]
men for his fervice. This was, in fact, an attempt to levy
war, againſt the intereſt of William III. It comes to the
caſe of Preſton and Aſhton, where there was an intentio
to dethrone one party, which was to be done, by introdu
cing James II. and it is clear, that had as direct a tendency
to endanger the perfonal fafety of the Sovereign, as cán be
brought, by fair conftruction, within that branch of the
ſtatute which relates to compaffing or imagining the
King's death.
1
Mr. Anftruther took notice of a later cafe than any of
thefe, the cafe of Chriſtopher Layer, in the year 1722. This,
I believe, has always been confidered as a leading cafe, and
certain it is, that it is by no means a fhort one.
This gentleman was indicted, tft, for compaffing thể
King's death; 2d, for an attempt to bring in the Pretender:
Now, as thefe were two grand conclufions, I am furely
not tied down to conclude that it went entirely either us
pon
the one or the other of the two charges; and one or the
other, are equally and fufficiently broad to bring it within
the meaſure of High Treafon: Accordingly, the acts laid
were very numerous, no lefs than five different acts were
charged: That he confpired to flir an infurrection; to
bring in the Pretender; enliſted men for him; publiſhed a
treaſonable declaration; and lastly, confpired to feize the
perfon of the King. The confpiracy to bring in the Pre-
tender, and the enlifting men for him were proved, ſo that
here he fell within two claufes of the treafon law, the
bringing in the Fretender, and adhering to the King's ene
mies, and the charge of compaffing, might be left out alto-
gether The publishing of the treafonable declaration, and
conſpiring to ſeize the King's perfon, were proved by Lynch
the chief witneſs, fo that here was a compleat cafe, nay, the
compleateft of all cafes, no iefs than a direct attempt to take
away the life of the King, by feizing his perfon, an act
which I must always conftrue, as putting him in fuch dan-
ger that death may foon be expected to follow; nor do I
deny what is fo well faid by the learned Judge Fofter," that
• between
1
( 213
273 1
between the priſons and the graves of princes, the diſtance
is very fmall."
I truft, Gentlemen, that thefe cafes will have confiderable
weight upon your minds, in judging of that which is now be-
fore you; for though I have attentively confidered the
indictment which lies before you, yet I do not think it
is fuch an indictment, as bears fo exactly, or in any
degree bears fo much upon the perfonal danger of
the King, as any one of thofe cafes I have mentioned.
}
If there fhould be a defect in the law of this
kingdom, I am forry for it; and if it fhould be neceffary,
as in the 13th of the reign of Elizabeth, and 14th of
Charles II. let an act be pafled for the temporal life of the
Sovereign, or let it be perpetual, declaring, that a bare cona
fpiracy to levy war, fhall be High Treafon; let it be fo, and
in God's name, let the lieges know which way the law is to
go, that they may not find a precipice under their feet.-I
hope and truft, however, that there will be no occafion for
any addition to the voluminous penal code of this kingdom;
for I am confident, that his Majefty refts fecurely in the bo-
fom of his country, and requires no farther fupport, thari
that which I am fure he defervedly enjoys, the love, affecti-
on, and loyalty of his faithful fubjects.
Having taken up fo much of your time, Gentlemen, in
ftating what I conceive to be the law of Treafon, as appli
cable to this cafe, and the particular view you are to take of
the conſtruction, allowed to be given to the indictment,
which has been preferred againſt this man, I now call
your attention to the conftruction you are to allow your
minds to give to the import of the evidence that has been
given this day; and in doing fo, I fhall endeavour, not tơ
trefpafs much farther upon your time or patience.
ན
The accufation contained in the indictment, in order to
make out the propofition, that there has been a compaffing
and imagining of the King's death. feems, according to my
ideas, to reſolve itſelf into four heads. That there have been
means uſed, and actual meaſures taken, in order to raiſe and
effablifh à Convention, inimical to the prefent government
of this kingdom. That a confpiracy has been alfo entered
into,
M m
}
274 I
}
into, by certain perfons, the prifoner being alledged to be
one, for feizing the Caftle of Edinburgh, for fighting with
the forces, drawing them out of the Caftle, and putting
them in fuch a fituation as to get an advantage over them;
and for feizing the Judges, Magiftrates, the Banks, and Ex-
cife Office in this place. Another charge is, for publiſhing
addreffes of an inflammatory and treasonable tendency, to
draw off the attention of the foldiers from their duty, and
ftir up mutiny among them. And the laſt is, having taken
meafures to provide arms, in order to carry thefe proceed-
ings into effect. In the outset of this caſe, much evidence
was brought forward, relative to what took place in London
fome time ago, in a fociety called the London Correſponding
Society. That evidence, all along, appeared to me, totally
unconnected with the prefent queftion, but when objected
to as fuch, it was then avowed, by the Gentleman who
opened the cafe, that it was done, with a view to connect
the prifoner at the bar with the proceedings that took place
between the London Correfponding Society, and the Britiſh
Convention here. I am fatisfied fuch was the intention,
but at the fame time, I find I have no occafion, and fhall
therefore take no notice whatever, of that fociety, nor any
of their proceedings: Let their intentions be as wicked as
what that Gentleman may figure them, it is of no confe-
quence to my argument; for I fay, no connection whatever
has been eſtabliſhed between that fociety and the priſoner at
this bar, and the mode in which it was attempted to be
made out, as clearly, nay, ftill more clearly fhewed, that the
eaſure had failed. We mean, fay they, to prove a connec-
tion, betwixt the London Correfponding Society, and the
prifoner at the bar, by means of the British Convention in
Edinburgh, and evidence was led to make out this propofi-
tion. That evidence, however, made out no fuch point; on
the contrary, it´ at once eſtabliſhed, that the priſoner, Mr
Watt, never was, or had been a member of the Britiſh
Convention at all. It is needlefs, therefore, for me to take
notice of any thing that took place in reſpect to the London
Correfponding
C 275
;
Correfponding Society, or of any correſpondence or com-
munication that was carried on betwixt that Society, and
the Britiſh Convention at Edinburgh, for with that Con-
vention, and its meaſures, whatever they were, he had no
connection.
When the Britiſh Convention was put an end to in the
clofe of the year 1793, it has been faid that on the back
of that, there arofe other meetings, and that the private fo-
cieties were not only more numerous than before, but they
were alſo better and more punctually attended than ever;
that there then aroſe two ſeveral meetings, the one called a
Committee of Union, out of which was formed another,
called the Committee of Ways and Means; and it is stated
that the prifoner at the bar was a member of both, and
having been at one and the other of theſe meetings, is to
be implicated in all the guilt which can be affixed to their
proceedings.
Gentlemen, I fhall not I truft be long in ftating what I
conceive to be the import of the evidence laid before you
upon that head, and I fhall do it the more readily, as it is
a duty incumbent upon me for the fatisfying of your minds,
as well as of my own. But what was attempted to be carried
into effect by theſe two meetings, the Committee of Union,
and the Committee of Ways and Means? We were told in
the opening of this cafe, that it was to feize the whole
power of Government into their own hands, and to mould
the law into their own form and fhape. This is the mode
in which this point was opened in the outfet, but I do not
find any ſupport given by the evidence, to fuch a high
ftrained and overbearing hypothefis. I fee no evidence
of there being any danger whatever of fuch a defign.
This fuppofition, however, was endeavoured to be fup-
ported by proving an attempt to feize the Caftle, the
Excife office, the Banks, the Magiftrates and Judges;
ftill, however, I do not find any evidence that brings the
actual attempt for feizing of the Caftle home to this gen-
leman. There was an account given no doubt, that this
gentlema
M m 2
f
}
[ 276 ]
gentleman had brought forward fome kind of plan of
that fort, but the witneffes for the Crown, both Mr Bon
thron and M'Ewan fay nothing that can be conftrued into
a plan of that nature having been agreed upon, digeſted and
put in train, fo as to be carried into ultimate effect. If it
could even have been mentioned at all, it is impoffible to
conceive that the practicability of fo abfurd and ridiculous
a plan could have entered into the head of man. I have
taken down what was faid when this ftrange plan was talked
of; Arthur M Ewan faid nothing particular was faid about
feizing the Caftle, and no time was mentioned when it was
to be done. Now, if this had been an establifhed plan,
would not ſomething have been done in order that it might
actually be carried into effect? fome time would have been
fixed, fome meafures taken, and fome preparations made,
but there is not one witneſs to ſpeak to an allegation of that
nature: all that they point at is a converfation about ſuch
a plan, if it was thought it might be practicable, and if its
fuccefs and effect depended upon its practicability, I am fure
it could have no exiſtence whatever, even in the moft vifions
ary imagination.
According to my underſtanding of the matter, I conceive
it was meant never to be carried into execution, it exiſted
only in the moſt fpeculative form imaginable, if at all, but
there was no fyftem or correct plan laid down, no particu-
lar act propofed, no means prepared, for that extravagant
wild ſcheme that is brought into evidence. In this evidence-
of Bonthron's, he takes notice of his having been at the
Sub Committee, which I understand to be the Committee of
Ways and Means, confifting of Watt, Downie, Stock, Fair-
ley, Burke, M.Ewan and himſelf, in all feven perfons: That
he never heard Watt propofe any plan about feizing the
Caſtle, but heard him, fays he,`make fome kind of propoſal,
but does not fay (and I will ftand corrected by the Gentleman
that has taken down the depofitions) he never heard him
propofe any plan about feizing the Caftle. Is not this con-
cluſive that there was not in fact any ferious determination."
te,
( 27 )
2
1
to make, fuch a rash attempt ? it appears conclufive that
there never was fuch a propofition, and you muſt of courſe
lay it out of your minds in weighing and judging of this cafe
altogether.
It is alfo faid an attempt was to be made to attack the
King's foldiers, a party to be at the Luckenbooths, and a
party at the Weft bow. From this gentleman's evidence
(Bonthron) a witnefs for the Crown,whole name I would with
you to take notice, I perceive is more frequently mentioneu in
all the meetings that took place than that of any other of the
members, fo that he muſt know the amount and fum total of
every thing that was talked of at thefe meetings; he tells you
hardly any thing at all about attacking the foldiers: he tells
you of ſome kind of wild fcheme of kindling a fire at the Ex-
cife Office, and that this would naturally draw out the fol
diers to extinguifh the fire, fo that an opportunity would be
given to carry on the dangerous fcheme intended. This would
bring the foldiers from the Caftle, and then he fuppofes
(he is a gentleman that makes' many fuppofitions) the tol-
diers being drawn out of the Caftle, perhaps the party he
belongs to would take a part in the propofed fcheme. Gen-
tlemen, it will not be pretended to be faid, that taking a
Caſtle by force or without force, are one and the fame
thing; if they found this Caſtle empty, they might be en-
titled to go there as well as to any other place. This would
not however have been a levying of war, for the only cha-
racteriſtic quality of levying war, being uſing force, and
in this cafe it is clear there was none ufed, nor any fuch
thing either done cr propofed to be done; but only an in-
tention, it is faid, of a confpiracy to ſeize the Caſtle (I have
it from his evidence) not to be done, if fuch a mad fcheme-
were ever in agitation, by force; and he exprefsly fays he
heard nothing, nor knew nothing of attacking the King's
foldiers at all.
Therefore, Gentlemen, I have a right to call upon you to
lay out of your minds altogether that rodomontade ſcheme,
if it ever existed, of feizing the Caſtle. Could there be a
more
#
men.
[ 278 ]
more ridiculous abfurdity than fuppofing the poffibility of
fuch an attempt! In order to accom, lith this mighty ef
fort of human ſtrength and ingenuity, the only force is feven
With ſeven men to feize one of the ſtrongeſt Caſtles.
in the kingdom! I fee no more produced to you by the evi-
dence than ſeven men; theſe feven men, who compofe the
Committee of Ways and Means, meet, and then they lay
their wife heads together, it is faid, in order to lay hold of
the Caftle of Edinburgh. It is too abfurd a fcheme in fact
to be got over, or to come into the heads of men to con-
ceive. It was fo abfurd and ridiculous, I am furprized it
could be laid in this indictment. And then, Gentlemen,
be pleaſed to confider what is the evidence brought forward
of this mighty confpiracy? Who are the witneffes who
ſpoke at all to this firange confufed and inconfiftent
fcheme? The witneffes which the Crown entirely relies
upon are Bonthron and M'Ewan, who are fuppofed to be
accomplices in this intended confpiracy. They are both
participes criminis, if there has really been any crime in
contemplation, and on that account not intitled to or de-
ferving of any credit in your minds. If again there has
been no crime committed, if no ſcheme of this nature ever
was in agitation, they are ftill lefs to be credited; for they
have fo far volunteered in the myfterious ftory, that they
cannot now with any confiftency entirely fall back from the
ftrange tale, abfurd and unaccountable as it turns out to be.
:
But, Gentlemen, I dread not their evidence, ſome of theſe
are not very ready in their ſtory, and tho' in a fituation
where they have no intereft to be very delicate, either in
evaſion or in concealment, yet when interrogated and defir-
ed to ſpeak out boldly, they tell you they cannot pofitively
fay, or they cannot tell, they ſuppoſe fo, but their depofi-
tions are even more favourable to fupport my argument, for
they pofitively fay they never faw any fcheme that was
propofed or agreed to be put in execution, or any attempt
made to carry into effect the mighty project of feizing the
Caſtle of Edinburgh.
A great
1
1
:
?
[ 279 ]
A great deal of evidence was produced as to a fuppofed
confpiracy for feizing of the Banks. I need not trouble you,
Gentlemen, with recapitulating that evidence, nor with what
related to the feizing of the Excife Office which ftands pre-
cifely in the fame fituation. But I do maintain, that if this
cafe is to be brought within the deſcription of a confpiracy
to levy war againſt the King, which is thence faid to be an
overt act of compaffing the death of the King; I have noth-
ing to tell you more than that the actual feizing of the
Banks would not be levying of war according to the law of
England. The Banks are the private property of indivi
duals, and a burglary of a dangerous and aggravated na-
ture might have been committed. The injury in fuch a
cafe might to fome individuals be greater than to others,
but I truſt that it never will be laid down for law, that the
feizing of the Banks or open attack of any fuch building or
repofitory, or any other building of a private nature would
be a levying of war. It might amount to a rict, and if it was
done fecretly to a burglary, but no more. But the cafe is a
thouſand degrees ftronger, for it has not been faid, that
any attempt or attack was actually made upon the public
Banks; no, Gentlemen, no fuch thing has been alledged; it
is only faid that there was a conſpiracy or deſign to ſeize
the Banks, but which you well know never was carried into
effect.
How then does the queſtion reft, even upon the Crown's
own fuppofition? There is the intention to do an act which
had it been done would have been fo far criminal, but
which it is agreed never was effected; without going farther
therefore it is enough to ſay that there is not the ſlighteſt
reſemblance of a criminal act before you, far leſs fuch an
one as would tend to eſtabliſh and fill up the deep accufa-
tion of High Treafon. I need not I am fure, Gentlemen, la-
bour this which is fo clear a point any longer, but the fame
obfervation was made as to the defign to feize the Excife
Office, and the fame obfervation in anſwer preciſely applies.
It is the King's Houſe no doubt for a certain branch of his
revenue
}
[ 280 ]
1
révenue, but it is not a place of ſtrength belonging to the
King. I am equally ftrong here, the pofitive attack upon
fuch a houfe, upon fuch a repofitory, could not be levying
war; and although it was proved, it will never bear the
conftruction intended to be put upon it in order to make
out the cafe which is a cafe of High Treafon. It does not
appear to me there is any proof to fhew any fuch intention
as feizing either the one or the other of thefe two public
buildings, fo that whether the fact is admitted or denied, the
legal conclufion is in either cafe, equally ſtrong in the pris
foner's favour.
༢
Much was faid of a defign fuppofed to be connected with
this alledged plan, and of which the witneffes fpeak equi-
vocally, that is, a defign to ſeize fome of the very Honour-
rable Judges upon this Bench, and the Honourable Chief
Magiftrate of the city. I am fure I fhould be extremely
forry if ever the flightest harm came to any one of theſe
honourable perfons; it would give me, I am fure much
pain; but I am ſpeaking of a cafe of law, and I muft obferve
in point of argument, that an attack upon any one of the
honourable Judges or Magiftrates whom I now fee before
me, would not, though attended with force, amount to an
act of High Treafon. We know well that any violent attempt
upon the perfon of a judge by the Statute-is High Treaſon,
but only when fitting in judgment. But if not fitting in
judgment, then it is clear that tho' attended with even the
moft fatal confequences, which God for ever deprecate, it
would not be an act of High Treafon. If the actual perpe-
tration of fuch a crime would not have amounted to a
charge of High Treafon, far lefs can the bare defign to
make fuch an attack as might be attended with fatal confe-
quences, be deemed according to the conftruction of law
an act of High Treafon. But the cafe is infinitely ftronger,
for the attempt was to do what? It was to feize the perfon of
the Judges and that of the chief Magiftrate of the city a
this is aegree immenſely remote from the crime of High
Treaſon, and tho' deferving of exemplary punishment, if
it
1
£ 28r ]
it had taken effect yet would not fall within the deſcription
of a crime of that heinous nature. But this is not all, for
it was only faid there was a conſpiracy to ſeize the perſons
of the Judges and Magiftrates, not that any actual attempt
was made to ſeize them. What then does this accufation
´come to? It comes to nothing at all; it is frittered down
to the moſt harmleſs accufation in point of law that can be
figured to the fuppofed converfation about doing what would
have been a miſdemeanor, but which never either was ef-
fected or attempted to be carried into effect. Upon this I
need fay no more, for whatever evidence might be brought
upon that charge, it is one that cannot weigh in your
minds in the prefent fhape of this Indictment, it muſt have
been brought forward in a different form and fhape, and
not upon the face of this Indictment which is the only one
for your final determination.
Gentlemen, you have heard much of the inftruments that
are now before me upon the table; they have been tumbled,
held up and brandiſhed about in order to convince you that
there was here a dangerous confpiracy lurking in the bow-
els of the country, which might in its tendency and effect
deprive us all of life; and in order to make this out, theſe wea-
pons were brought forward and laid upon the table and evidence
brought of the perfons by whom made, Orrock and Brown,
and of the perſons by whom they were ordered. Gentle-
men, in the outſet, I would require no more to fhew you the
abſurdity of rearing any argument upon ſuch a fuppofition
than this, that but a very ſmall number of theſe weapons,
dangerous as they may appear to be, and every weapon of
that fort appears dangerous to thoſe who are unuſed to look
at them: but if I can make it appear that this is all falſe
apprehenfion, and I truft I can do fo, thefe inftruments will
not give the alarm they did when firſt brought into this
Court. It was faid but not clearly establifhed, that Watt
went to Orrock and defired him to make one or two of a
certain conſtruction, and theſe being done then a few more;
and that Brown made fome others; but what does the
Na
本
​whole
}
1
[282]
whole number of thefe dangerous hoftile weapons amount
to? even with all the attention paid to find them out, and
I am fure the Sheriff has ufed the greateft attention to find
all that could be found, how many are produced? about
46 or 47 pikes, not I am fure 50, and theſe were to be put
into the hands of how many men? I have paid all the at-
tention to the evidence that was poffible, and I have been
able to diſcover only feven men that are alledged to have
born any chief part in this confpiracy; I cannot find upon
recollection there was any evidence produced fo as to make
you believe there were more concerned in the plot than
that number, yet every thing however was to be accom-
plifhed and atchieved by thefe feven men, armed with 47
pikes. Gentlemen, you have ſeen before you this day thoſe
feven confpirators, and it does not ſtrike me that they bear
any refemblance to thofe heroes of antiquity which we read
of in romance, and who might perhaps, in days of yore, have
been able to accomplish fuch a wonderful adventure; yet
thefe feven champions were to perform wonders, they were
to uſe forty-feven pikes, and with theſe were to take the
Caſtle of Edinburgh; with theſe forty-feven pikes they were
to way-lay all the foldiers who were to be marched out for
fear of fome fire at the Exciſe Office; then theſe ſeven men
are to fecure the Banks, and with theſe forty-feven pikes are
to lay hold of the whole Government of this country; nay
it was to be carried to a ftill greater extent; they were to
ufurp the management of the whole kingdom, were to lay
wafte, if refifted, the whole country, were to change the King's
miniſters, force him to alter his meafures and to make.
peace, befides every thing elfe which they fhould require.
Now this clearly appears to be one of the moſt abfurd in-
confiftent ftories that was ever heard of. I need do no
more than ſtate it, taking it as ftated by the evidence, to
convince you it never could be a ſcheme that could have
any tendency to fuccefs; and if they could not excite the
people to run their heads into danger on a mad fcheme that
could never be carried into effect, what had they to hope?.
Here it appears that the evidence on the part of the crown
}
[ 28
283 1
ap-
is extremely lame; for notwithstanding all the difcoveries
that have been made, theſe forty-feven pikes are the whole
that are to be found. I leave it to you to judge how it can
be fuppofed thefe arms were meant and intended to be
plied in the advancement of theſe hazardous attempts of
this Committee of Ways and Means. It is impoffible for
a moment to believe that they were provided for, or even
meant to be uſed in the wild fcheme fo often mentioned, if
ever ſuch a phrantic propofal had any exiftence. No, they
were moſt certainly provided for fome other purpoſe, and
hère I will direct your attention to what the witneſs
Aitchifon fays; he is a man of a good deal of knowledge,
he is a witneſs for the Crown and is not to be impeached;
I hold him to be a good witnefs, and he.fays he thought
they were well adviſed in procuring ſome arms; fome peo.
plè it is true were not fit to be trufted, but he thought it fit
to procure fome arms to prevent an affault by a foreign-in-
vafion, or otherwife. Would to God, Gentlemen, that the
happy fituation of this country was fuch that every one
might be trufted with arms in his hands or in his houfe!
We might then be a National militia altogether, we might
do without the fatigue and expence of a ſtanding army, and
exiſt in fecurity and mutual confidence with one another.
But, it is faid, thefe people are not fit to be truſted with
them, perhaps it may be fo, perhaps not, but fuch, fays Mr
Aitchison, wer the purpoſes for which thefe arms, if ob-
tained, were to be applied.
I have endeavoured, Gentlemen, to give you what I con-
ceive to be the true and juft notion of this fuppofed plan of
this fuppofed Committee of people, met, it is ſaid, and fram-
ing a confpiracy to overturn the government of this country,
and you have heard what it was faid to be by fome of the
witneffes I addreffed, and from their defcription you will
judge of its practicability, and if it really ever did exiſt, either
in idea or in contemplation. But I fay there is not evi-
dence before you to ſhew that there was an attempt of that
nature that ever was intended to be carried into effect.
Nn 2
I know
7.
2
1
!
[ 284 ]
I know the right honourable Gentleman on my left hand
will put it, and the other honourable gentleman did put it,
that this ſcheme, had it been forwarded, was a levying of
war; but altho' that might perhaps have been the caſe, had
the matter been pufhed on, as thefe Gentlemen ſay it was
intended to be pushed, yet the rude, undigested, wild and
abfurd fcheme, of which there is no doubt ſome mention.
made by the evidence, was nothing that could be called a
confpiracy to levy war; it might be called by fome name of
inferior degree, that might in time perhaps rife up to fome-
thing of a dangerous defcription and tendency, but in the
way in which you now muſt view it upon the evidence, it can
not be called ſuch a confpiracy to levy war as to fall within
the ſtatute, and fubject all that are principals or acceffories
to the dreadful pains and penalties of High Treafon.
-
Much has been faid of an addrefs or hand bill, which it
is alledged was artfully and infidiouſly circulated among
the fencible regiments of this country, in order to draw
them from their duty and allegiance, and a ftrange attempt
has been made to trace this tranfmiffion and circulation to
Hardy, a ferjeant of the Hopetoun fencibles. But, Gentle-
men, it appears that it is impoffible to trace this publication,
whatever its tendency may be, either to Hardy or from the
priſoner at the bar; and I have not yet begun to take no-
tice of its tendency, but whatever that may be, it is nothing
to the prifoner at the bar, as it is not brought home to him
in any one ſhape. The only evidence upon this point, is
that of William Watſon, who tells you a ftory with respect
to a hand bill or paper containing fuch an addrefs, and
wiſhing to fee it, goes with Downie, who fays, perhaps I may
be able to procure you one; he does not ſeem to be very
certain about it; when he is fhewn Watt at the bar, and
aſked if he knew him, he fays he could not fay he did, or
if that was him; he then goes to his houſe and Mr Downie
with him. I don't know, however, that it was Watt, I
don't go upon the fuppofition it was not him, but it might
be ano.her; but as to the alledged converfation between
Downic
-
}
[285]
Downie and Watt about it, I fee no evidence whaterer.
Downie turns his back and comes out and takes Watfon
to a ſhop in the South Bridge, to the ſhop of one Kennedy,
be fays I will get you one; but very cautionfly, Downie
throws fome of them down upon the floor, and ſays, “take
up one;" Watfon accordingly takes up one and gives it to
one Johnſon, who it feems gives it to one Sandilands, and
he gives it to a ferjeant Hardy. This is the chain, but there is
no proof of any connection that the prifoner had with thefe
perſons, not even of this man Watſon's getting it from him.
He gets it, I will prove by a ftrict legal alibi, he gets it
from Kennedy by means of Downie, then it goes to the
hands of Johnſon and ſo to ferjeant Hardy. He does not tell
you what he did with it, he might put it in his packet or de-
ſtroy it. As to the ferjeant, I muſt ſuppoſe him, being a non-
commiffioned officer, to be a good foldier, and if fo, he
would not, I am fure, circulate a paper which might create
a mutinous fpirit in the corps, and accordingly he tells you
In exprefs terms, that this was the only one of thefe papers
that was feen, and I am pretty pofitive as to that, nor will it
I believe be controverted.
But although I were to allow this had been a hand-bill of
the moſt dangerous tendency and inflammatory nature, is it
meant to be faid by the Honourable Profecutor on my left
hand, that this is treafon or a fufficient ground to make
out the cafe of a confpiracy to levy war? I will venture to
ſay, it cannot be confidered as a thing of that nature. I
have read the addrefs, and I will again make bold to fay, it
is a very complete and well penned addrefs to excite that re-
giment or any other regiment into mutiny; mutiny, I well
know, is by the mutiny bill punishable with death, but this is
not mutiny, and though I have no heſitation in faying, that
an attempt of this nature is at all events a high miſdemeanor,
and punishable in a moſt ſerious degree; yet I know of no
capital punishment that could be put upon that attempt; I
know nothing like it in any law whatever, whether civil or
military, that can draw on the dreadful confequence of High
Treafon.
[286]
4
Treafon. The exciting foldiers to defert, is a crime that
would meet with an exemplary and fixed puniſhment, and
I would have no hesitation to fay, it is entitled to meet a
very fevere puniflament; but it is clear this addrefs or hand-
bill is not preffed upon them in any conclufive manner, in
fact, in no manner whatever; for it is loft in the outfet, in
one or two tranfmiffions, and never heard of again; there-
fore it can have no weight with you in making any proof,
or of aggravating the charge laid in the indictment.
Gentlemen, much firefs was laid upon what alſo ſeemed
to have been a part of this propofed plan, which it is faid, was
to be attributed to the unfortunate prifoner at the bar, af-
ter they had feized the Caftle and public Banks, and the
perfons of the judges; this was in publiſhing fome declara-
tions, enacting laws and taking upon themſelves the powers
of Government and of Legiflators; that no perfon ſhould
leave the town under pain of death. All the abfurd tenor
of this fcheme, if there ever was fuch a fcheme in exiftence,
is it not all of a piece? Who could fuppofe fuch a wild Don
Quixote ſcheme as that of feizing the Caſtle and all the o-
ther confequences, and is not this one in every refpect tinged
with the fame abfurd complexion? I fhall not trouble you
with further obfervations upon it. If the feizing of the
Caftle was in fact fuggefted, they never could be fuppofed
to be in earneſt upon it; if there is that abfurdity upon the
face of the plan fpoke to by their own two witneffes, M'Ewan
and Bonthron, the detail of their own plan is ftill lefs
worthy of meeting with any degree of credit and belief from
you. I have fo far endeavoured to fhew you that the evi-
dence on the part of the Crown has not filled up the mea-
fure of the facts charged in the indictment, and if I have
fucceeded in that, my cafe is good; becauſe I fucceed equal-
ly by a failure on the part of the Crown, as by eſtabliſhing
any defence of my own; and if I have done fo, I think,
notwithſtanding all the fufpicious circumitances in this cafe,
I must ultimately prevail. That there are fome fufpicious
circumſtances in this cafe, I have not the leaft heſitation to
acknow
[
287 1
acknowledge; but at the fame time, I will take it upon me
to affirm, that they are not fuch as will allow you, Gentle-
men, thinking with ferious deliberation upon the refult of this
man's actions, that he fhould be guilty of fuch attempts, or
his mind bent upon fuch purpoſes, as could be conftrued in-
to any act of confpiring to levy war, for the purpoſe of over-
turning this truly bleffed, happy, and long citablished Go-
vernment.
Gentlemen, I reft not here, and you might perceive from
the evidence in exculpation of this man at your bar, that he
ftands in a different fituation from any other prifoner; and
though you were to conclude that all thefe matters he is
faid to have done and acquiefced in are true, and that they
were to be aggravated to every degree of apprehenfion and
danger in which you can figure them; though all thoſe
matters were fixed perfectly by proof; I fay, he ftands in
fuch a fituation, as in my idea, muft render him fafe. It is
an eſtabliſhed principle of law, that it is the animus with
which any perſon commits an offence or accedes to it, that
is the teft whether fuch act is criminal or not.
Now, I fay, the fituation in which this man ftood, was
fuch, as notwithstanding of the appearance of external cir-
cumftances against him, was fufficient to excufe him from
all the participation he feemingly took in the meafures of
thoſe with whom he was apparently connected, if you ſhould
think, which I by no means concede, that theſe meaſures
were in themſelves criminal and deferving of puniſhment.
The Right Honourable the Lord Advocate's evidence and
that of Mr Clerk the Sheriff, eſtabliſhes completely the fitu-
ạtion in which Mr Watt ftands. Though that evidence re-
lates to a correfpondence he carried on in the outfet of mat-
ters, when diſturbances began in this country, yet it will be
found, he was all along faithful to that caufe in which he
had embarked. Mr Henry Dundas's letter he has produced,
in anſwer to one which he wrote him in September 1792,
and it was admitted on the part of the Crown, moſt hand-
fomely, to be that Right Hon. Gentleman's writing and
fubfcrip-
[ 288 ]
fubfcription. This letter then under the hand and ſeal of
Mr Henry Dundas is now before you, wherein Mr Dun-
das defires Mr Watt to perfevere and to proceed in thoſe
meafures he had held out he would do; that he would be
doing well of his country, and that he would be in perfect
fecurity in following them up. This letter of the Right
Hon. Secretary, was in every refpect a proper letter; it was
the anſwer not only of a ſtateſman, but of a man; it nei-
ther rafhly rejected information, which might perhaps be
attended with advantage to the country, nor did it betray
any anxious apprehenfions or unſeeming eagerness for a cỡn-
tinuation of the proferred intelligence and correfpondence.
Upon that letter Mr Watt relied and followed the line of
conduct which that letter preſcribed, and this account is
fupported by the evidence of the Right Hon. the Lord Ad-
vocate, who was fo obliging as to give information upon the
matter; he fays, in confequence of a communication with
Mr Dundas, who mentioned this matter to him, and he de-
fired him, when he went to Scotland, to inquire him out.
The Lord Advocate and Mr Watt have accordingly had
feveral different meetings; Mr Watt gives his Lordſhip in-
formation upon feveral particulars, which the Lord Advo
cate himſelf fays were facts of importance, and upon which
his Lordſhip took fuch meaſures as the importance of the
cafe feemed to require and dictate. Mr Watt accordingly
fairly enters into this correfpondence with the officers of
the Crown, and I am authoriſed to fay, continued in it; and
if fo, I am èqually well authoriſed, I think, to prefume and
be believed, when I ftate to you, Gentlemen, that he had
not deſerted this line of conduct, nor had taken up any o
ther line which stood in oppofition or contradiction to it.
In the fituation Mr Watt flood, he had not furely nor ever
had an intention of deferting that line of conduct he had
chalked out for himſelf, nor will it eafily and rafhly be pre-
fumed, that he had changed his mind, and had fallen back
from that chain of correfpondence and communication,
which
}
}
1 789 1
which I have proved, was eſtabliſhed betwixt him and the
Honourable Secretary and the Lord Advocate of this coun-
Ary.
Gentlemen, Iftate to you, fimply the fact, as I am def-
red to state it, and you may perhaps be nevertheless inclined
to conclude, that this Gentleman's profeffions and it ry,
are contracted by that line and chain of conduct he has
oftenfibly, and apparently fubfequently purfeed. But this,
Gentlemen, is what I cannot poffibly allow: For, when I
find that a than is fairly embarked in a particular line of cons
duct, I muſt ſuppofe, that he follows that line up, more e
Apecially, when you find circumſtances ſo ſtrong in that ſitu-
ation, as to preclude any idea whatever of his having be
troyed his truft. You muſt not, therefore, be led away by
external appearances, no- are you entitled to conclude, that
a perfon, in that dangerous and delicate fituation, is not
acting with ſtrict fidelity merely, because he appears under
negative colours, and gives ao polive and active indications
of the fincerity of his conduct.
But this argument, Gentlemen, is to be carried ftill far-
ther; for, though I should discover fuch a perfon to be act-
ing, to all appearance, in manifeft and direct opposition to
his fecret profeffions, yet I am not, from thence, entitled to
conclude that he has made an abſolute and total deſertion.
The very reverſe holds; for, let it be fuppofed, that the un
happy times of the rebellion in the year 1745, and 1746,
were to return to this country; and fuppofe, that it was ne-
ceffary or expedient, that one of the royal army fhould in-
trude bimſelf into the enemy's army, in the character of a
py, how, I pray you. was he to difcharge his duty as fuch,
with effect to the party he meant to ſerve, and fafety to him-
felt?
There is but one, but one mode and line of conduct, in
following which he could be of any fervice, and that is by
diſguiſe and deception; no otherwife could he be of any
advantage; for if ever he appeared in his true character of
an enemy, it cut him off from all confidence, and rendered
him
+
[290]
1
<=1
$
him incapable of gaining any intelligence in the capacity of
a fpy, which it was intended he ſhould act in. For fuch a
perſon, therefore, it would be neceffary, not only that he
fhould abandon all appearance of connection with his own
party, but that he fhould even adopt, and go into every
meaſure of that party he was employed to watch. He
would be obliged to enroll himſelf in the corps of the ad-
verfary, to forego his own diftinction of drefs, and adopt
theirs, as the only means of fafety from detection. An ad-
verſe cafe to this has occurred within my own remembrance;
it was by failing to take theſe neceffary precautions, that an
honourable Gentleman, and most valuable officer, with
whom I was well acquainted, was laid hold of, as a lament-
able inſtance of ſevere puniſhment, and at length fuffered a
cruel and ignominious death.
You muſt at once, therefore, Gentlemen, perceive, and it
furely does not require much illuſtration, that in order to
act with effect, in a fituation of this nature, it is neceffary,
feemingly totally to defert and abandon that cauſe which
he had really at heart; and fuppofe a man, engaged in fuch
an adventure, was to be found in the fituation deſcribed, in
the uniform of an enemy, and even in arms, that would no
doubt be a ſtrong cafe, a very ftrong cafe, and one where-
in there would be much ground for fufpicion of fidelity;
yet ftrong and even ftrange as it would appear, it would
not be fufficiently ftrong for you to prefume that he was
acting deceitfully; but, on the contrary, you would be tied
down to believe, that he was ftill acting in character, as that
particular ſituation, in which he was found, was the only
one that could enable him to follow up the line he was in,
and give that effectual fervice which was intended. Had
fuch a perſon appeared in any other deſcription or character,
he then unavoidably loft the opportunity of doing that fer-
vice, and of following up that duty he was strictly bound to
diſcharge.
This, Gentlemen, is a ſtrong cafe, but it ftrictly applies to
that which is now before you, ſtrong as it may be put. It
was
[291]
A
*
was admitted by the Lord Advocate, who faid he believed
the prifoner was ſuch a character as could be relied on, that
at the time he was in correfpondence with him, he believed
him to be fincere. Can you, Gentlemen, ſuppoſe, that
without any caufe, he was led away by evil-difpofed perfons,
and adopted another line of conduct? You are not, nor can
you ſuppoſe that he was fo. He apparently followed, what
was the only line of rendering ſervice to the cauſe in which
he was engaged, and he was to follow this up, and then to
take an opportunity of diſcloſing, when the effect came near
to a dangerous tendency: You are not to fuppofe a perfon
in that fituation has abandoned his former truft, and I fay,
that as long as there is no open and manifeſt declaration
upon his part, he is to be prefumed faithful in that truft.-
This correſpondence with theſe honourable perfons; is car-
ried on, as late as July 1793. Then comes the manner of
ftating the proceedings of the British Convention, which
were openly publiſhed in the Edinburgh Gazetteer. It is
well known their proceedings were never kept ſecret, or con-
cealed, fo that, for this period, from July till December
1793, when the Convention was diffolved, nothing was
carried on of a ſecret nature, which he could give informa◄
tion of. The Convention is diffolved; and then, it was re-
folved, foon after, to wit, on 'the 5th of December 1793;
as appears by the evidence and information laid before you,
to form this Committee of Union, and immediately fubfes
quent thereto, the Committee of Ways and Means is raifed
up, ſometime in the month of January 1794. Their pro-
ceedings accordingly go on, and Mr Watt fhewed that very
fame inclination of following up the intention he ſet out
with; he became a member of both, of one and the other
of theſe committees, and though perhaps, he did not in fact,
yet I have not the ſmalleſt doubt to fay, it was his intention
to give the neceffary information, when the proper period
for doing it ſhould occur. If there had been that confpis
racy actually exifting, which is pretended, he would then
moſt certainly have given that information in due and pro-
002
per
[ 22 ]
t
per time, to the rulers of this country, that they might
take advantage of it, and be prepared; he would, in that
cafe, have given all the infight into this ftrange and mylte,
rious plot, that would have been required, had fuch a plot
really had any exiftence, or had it occurred to him, that
the proper period was arrived, when the fecret ſhould be
divulged.
"
ཟླ་
If, Gentlemen, you can poffibly conceive any thing more
abſurd than another, it would be this; if there is any thing
more irrational than another, if is the conclufion you muft
draw as to Mr Watt's conduct, upon the forced fuppofition
that he was not acting with fidelity. If you give belief to Mr
Watt's fituation, then itate to you, that he was known to
the public officers of the Crown, as one who was in their ein-
ploy and fervice, as one who fecretly paid attention to the
matters which were going on and who gave information-
to the rulers of this country, when time and opportunity
ferved.: Pertons of that defcription have in fome inftances
endeavoured to conceal themſelve, with fecrecy, and may
perhaps have fucceeded. But he was a perfon that was well
known, and could have no hope or expectation that he could
betray his truft without the attendance of a great and dread-
fut confequence as the ultimate refult. What temptation
had he, therefore, to play doubly falfe? did not every mo◄
tive whatever incline him to be true to his employers under
government, and what inducement had he to act otherwife
He was known to the officers of the Grown, as well as
the fituation in which he was acting. Can you, therefore,
Gentlemen, fuppofe, that with a millſtone about his neck,
he fhould voluntarily, and without any temptation whatever,
fink himſelf to the loweſt pit of ruin, difgrace and death?
No, Gentlemen, you cannot, even for a moment, indulge
fuch a rank ſuppofition; un efs he had been compleatly in
fane, he could not poffibly have acted in this manner, it was
fo abfurd, fo ftrange, and paſt all human belief. Had he
really meant to act in this irration d manner,
perfectly mad. "The fool in fcripture who
1
he muſt be
fcatters fires
6 brands
.
1
k
€ 293 1
brands and death, and fayeth am I not in fport," was
a wife man to him, or to any one, who without any earthly
object could foolishly confign his fame and exiſtence to utter
and certain destruction. If this gentleman, in fhort, had
poff ffed one particle of fenfe, he could not poffibly have
acted as it is pretended; the prefumption is fo ftrong, I hold
it fo conclufive, that I do in fact think there cannot be any
thing more faid upon it; and I do fay farther, that it wilk
turn out to be a matter of extreme danger, if this man is to
be abandoned to his fate.
Gentlemen, I have fome idea that this unfortunate and
unhappy man has been deceiving himtelf, and that he did
not openly make a full and fair difcovery of all the particu
lars and circumſtances with which he was acquainted, when
examined by Mr She: ff Clerk. This conduct is easily ex-
plained and accounted for; the Sheriff fays be was unwilling
to speak out; fo he was, but what was the reafon? it was
becauſe the perfon he kept up correfpondence, with, the
Lord Advocate, was not prefent, to whom alone he very
naturally wiſhed to diſcloſe himſelf. I don't at all wonder
at his refufing to fpeak out to the Sheriff upon his exami
ṇation; and of his defire to delay till he had an opportu
nity of ſeeing the Lord Advocate himflf. He was in a
habit of correspondence with that Honourable Lord, if he
was confcious that he was acting in the character of a ipy,
(for I will not mince the matter) it was extremely natural that
Re thould with da every account to make his fituation
known to as few perfons as poffible; he is accordingly un-
fatisfactory to the Sheriff, which must be allowed in this
cafe to be at leaſt a pardonable inftance of caution. He does
not fay any thing; but he expected the Lord Advocate in
town in a day or two, and then he would tell his cafe.
It is alſo faid that when examined by the Sheriff, he
would not give an account of the arms that were found in
his houſe. Here the fame anfwer as that given just now
moſt aptly and readily occurs. He, very wifely confidering
the delicate fituation in which he food, would not give in-
telligence
€ 294
telligence to any one, but to the fountain head, to him only
with whom he was in the habit to communicate; he would
give his information to him alone, and I have given a very good
reaſon why he ſhould wish to communicate it only to that Gen-
tleman. His wifh for a temporary concealment, fufficiently
explains the evaſive account he gave of the pikes when firft
examined; for it was not a true account with reſpect 'to
thefe pikes which he then gave. I will not allow him to
fay, that he meant to fell them or make a trade of them, but
I will fay he had them in his houſe, and for what purpoſe ?
that he might have them in fecurity, in fuch a fituation'
that no danger ſhould happen to this country; it is in evia
dence they were in a cloath's preſs, locked up, and not left in
the way of any wild or rafh young men, who might ufe
them to bad purpoſes; they were put there till he ſhould
have an opportunity of giving his account to the Lord Ad-
vocate, and this examination of the Sheriff accounts for and
explains the fact in the moſt conclufive manner. Gentle
men, I will and muft lay a great deal of ftrefs upon the
fituation in which this perfon was placed; I will alfo men-
tion, that very dangerous confequences would enfue were
this unfortunate man to be abandoned to that fate, which
now difmally hangs over his head; we all know that in the
prefent political ftate and Government of this country, it is
abſolutely neceffary that thoſe who have the ſuperintendance
and management of public affairs, fhould be furniſhed with
fecret intelligence from every quarter of the kingdom where
danger of any kind may poffibly take root: without this ad-
vantage, which I muft confider as in every reſpect a necef-
fary one, the rulers of the land would, in many inftances
be lefs able as well to ward off or refift the impending ftorm,
as to cut the root of the evil by the cautious expedient of
timely and feaſonable prevention. For this purpoſe are
perfons, fuch as the prifoner at the bar, unquestionably ne
ceflary; but if he falls, I queſtion if any one will again be
found fo hardy as to enter the lift in fuch a dangerous em-
ployment
?
;
E 295 ]
ployment. Gentlemen, Iftate to you the fact only, and leave
the application to your deep confideration.
Gentlemen, I am happy to think, both upon your ac-
count and my own, that I am now arrived at the cloſe of
my labours, and that I fhall have little or no occafion to
trouble you further upon this cafe; if, Gentlemen, I am
right in what I maintain to be the true and juſt conſtruction
of the law of England as to High Treaſon, there is an end
of the queſtion; as the overt acts, laid in this indictment,
bear not at all upon the perſonal danger of our gracious So-
vereign, neither do thefe acts come up to the meaſure of
what is neceffary to make out a conſpiracy to levy war of the
firſt or higheſt degree noticed in the diftinction. If, on the
other hand again, there is not evidence fufficient to make
out the overt acts charged, the man is fafe; for the failure
of the Crown to rear up their fabric, makes a fufficient cafe
in my favour. Again, if you fhall be of opinion that the
facts laid and charged in the indictment, and of which there
is no doubt ſome proof, were fuch as would have been at
tended with dangerous confequences, only if followed up, I
do think that the prifoner may ftand firm and cool in
that fituation in which he is now placed; for the whole
maſs of the evidence undoubtedly fhews, that the plans in
contemplation, if ever ferioufly thought of, were fuch as
never could have been attended with fuccefs, fo that the
alledged danger to the Conftitution never had in fact any
exiſtence.
Now, whatever, Gentlemen, fhall be your opinion upon
the cafe before you, certain I am that you know well your
duty; and though it is, I believe, the first time you fat in a
court regulated by English procedure, you have neverthe-
lefs all of you been upon juries of your own country, where
the fate, life and character of an individual was at ſtake;
you know what are your powers, your privileges, and your
duties; you know you are intitled to bring in whatever
verdict fhall be confiftent with the dictates of the human
mind and your own confciences; you may bring it in either
fpecially
{
:
:
1
[ 296 T
fpecially or generally as you fhali think fit; if you find that
the facts charged in the indict sent are proved, you may
alfo find the defence I have made out for the orifoner, and
I think fully made out, alfo proved; or, you may ſteer the
fafeft of all courtes, and find a general verdict of not guilty.
Gentlemen, you are to judge yourſelves of the verdict you
are to pronounce this day; you have paid due regard to the
evidence, and you have honoured me with that attention in
endeavouring to throw this additional light on the caſe, that
I can have no doubt but that the judgment you are now to
give will be founded on juſtice, tempered, however, I truſt,
with a due portion of mercy.
}
But one thing more, Gentlemen, and I am done: tho' we
are engaged in a bloody war with an antient, inveterate, and
formidable foe abroad; and tho it is rumoured about that a
treacherous enemy, fraught with danger, lurks within; and
tho' you must alfo well know that there have been fuch deeds
done in a neighbouring country as feem to leave a threatens
ing and impending danger lour ng over this our native land
thefe are misfortunes which we muft all as good citizens
regret and ftrive to avert, but they are fuch as you are not
in this cafe at all to regard; they are circumftances which
may affect the public mind. but can have no weight upon
your judgment; for, Gentlemen, you have fully ftudied
this cafe, you are men of property and high refpectability,
you have God and a good conſcience before your eyes, and
you cannot fail to do right, and to act justly. If then, you
are of opinion that the public accufer both in law and evi-
dence has made out his cafe, your deterinination will there-
by be fixed; but if not, which I ruft, is the fact, your ulti-
mate reſolve muſt be equally fixed and decided; whichever
pf theſe ſhall be the refult, to you, Gentlemen, as fellow
creatures, good fubjects, and honeft men, fitting in your
fupreme tribunal, does the priſoner at the bar, with willing
confidence fubmit. If the cup of iniquity is full, bitter, bit
ter indeed muſt be the draught, but if it is not, and that
fuch, I truft, will this day be your opinion, I know that I
fhal!
[ 297 ]
hall fee the juft and humane arm of the law dafh it untafted
from his lips.
+
THE LORD ADVOCATE (in reply to the Defence) thea
addreffed the COURT and JURY, as follows:-
MY LORDS,
AND GENTLEMEN OF THE JURY,
HOWEVER much I may differ in point of law with my
friend who has juft fat down, however much I may differ
1
from him in many of the propofitions which he affumed in
his opening of the defence, it will be to me in many refpects
a more painful talk to review the evidence which has this
day been laid before you, on the import of which Mr Hamil
ton and I are equally at wariance,
There is one obfervation with which he concluded, to
which I muſt profefs my most complete and moſt hearty af-
fent. In any cafe, of any kind whatever, fubmitted in the
courſe of criminal proceeding to the confideration of Jury-
men, and much more in a cafe of this awful and folemn
nature, which you are at prefent to try, God forbid, that
from the circumſtances which have occurred in another
country, or from the circumſtances which may occur in this
country, any general opinion or any general préjudice, how
ever laudable that opinion or that prejudice may be, fhould
lead your attention, for one moment, from the cool, and the
candid, and the impartial confideration of the evidence which
is laid before you, which is the only text to which you can
look, and the only fubject on which you are at liberty to de-
cide. But when I ftate this, Gentlemen, I know that it will
follow from the fame motive, and that it will flow from the
fame principle, that be the confequence of that verdict,
which your oath, and your confcience, and your duty to your
t
Country
[298]
2
1
country lead you to give, what they may, if juftice demands
a verdict against the prifoner at the bar, you muſt fatisfy
your oaths and your confciences, and will return that verdict
against him.
{
In a trial which has lafted now for feventeen or eighteen
hours, I hope, in fumming up the evidence, which it is my
duty to do, and in replying to thofe obfervations which have
been just now ſtated upon the part of this unhappy priſoner,
that I fhall confume as little of your time as I poffibly can;
and I have determined, upon that account chiefly, though
ftill, I truſt, without departing from my duty, which upon
all occafions must be the only rule of my conduct, to abridge
very much what in the courfe of hearing the evidence read
and the teftimony given, it was my intention at an earlier.
period of the trial, to have ſtated for your confideration. I
fhall confine myſelf to thoſe points of the cafe which have
all along ftruck my mind as decifive of the guilt of the
prifoner; which in fpite of every with that, as an indivi
dual, I entertained to excufe in my own mind the offence,
and explain away the facts which have been imputed to him,
and which I have not till the prefent moment been able to
fatisfy my own mind upon, which do not prefs upon it ftill
as forcibly as when the circumftances first came under my
confideration; and which, exclufive of thofe circumftances,
which in defence have been ſtated for him, and with which
his council concluded, but which appear to me to be cir-
cumſtances which do not exculpate the gentleman, have,
after all the attention I could give to his former fituation,
only tended to aggravate not to extenuate his guilt. If you
fhall be of an oppofite opinion, I fhall moſt heartily acquiefce.
If it should be your opinion, either that this fcheme was,
as my friend has attempted to perfuade you, a wild, abſurd
rhodomontade, formed in frenzy, conceived in madneſs, and
never ſeriouſly intended to be carried into execution; or,
if you ſhould think that the part this man played in it was
merely for the purpofe of detecting it, and in due time to
do his duty to his King and Country by divulging it, in
God's
ปี
{
}
}
13
[ 299 ]
1
ļ
God's name return your verdict in his favour. And I re
peat it again, moft fincerely will I rejoice if your own im
partial minds will permit you to do fo.
I ftated that one reſpect in which I differed from my
friend was on the law which he in this part laid down
That a confpiracy to levy war was not an overt act tending
to fhew compaffing or imagining the death of the Sovereign.
It is one of the peculiar bleffings of the, conftitution under
which we live, that the law of treaſon, although occafionally
during fome centuries additional ſtatutes were paffed which
added to the code of law upon that ſubject, that from the
days of Edward III. to the prefent moment, the fame code
of laws fublifts which exifted then, and which, I truft, will
continue to exift as long as Britain is free.
1
Let' it not then be faid, or as it was faid to night, let not
your minds be mifled by the idea that the law of treafon,
according to that definition of it which was given by my
brother in the morning of this day, and which I fhall alſo
give in a few minutes, not in my own words, but in thofe of
the beſt of men and lawyers that ever exifted, holds out
precipices under the feet of the fubjects of this country,
which they are not aware of, and which they cannot diſco-
ver till they drop into the pit which has been laid for them.
I never can conceive that a confultation for a traitorous pur-
pofe for levying war againſt the King or Government of this
country, or taking fteps to compell the King or the Go-
vernment to alter their meaſures by force, or that a conful-
tation for a purpoſe directly touching the perfonal fafety of
the King, is not an overt act fufficient, in the common ſenſe
of every man who hears me, to prove an intention upon the
part of the confulter to compaſs and to imagine the death of
the King. The doctrine which my learned friend laid down
I underſtand to be this, that unless a war is actually levied,
à confultation to levy that war, is not an overt act of com-
paffing and imagining the King's death. If the war, whe
ther it be with the pomp of war or not is perfectly immate-
rial, be directed againſt the perfon of the King, or if the
confulta.
Pp 2
ļ
+
I 300 I
confultation or ſcheme has in its object and tendency fuck
meaſures as muſt neceffarily, in the completion of them
bring him under reftraint or into danger, the best and
moſt eſtabliſhed authorities we have in the law of England,
uniformly concur in declaring that it is an overt act of com-
paffing his death; and, although it is not material for me
to fhew that the confultation was directly and immediately
intended to the murder of the King in his natural capacity,
yet I think, if I attended to the evidence at all, the proof this
day laid before you did, diſtinctly and pofitively, go that
length. That upon the part of the perſon who was the
principal framer and ringleader of this confpiracy, there was
a ferious confultation for putting.reftraint upon the King by
force, and compelling him by intimidation to alter the mea-
fures of his Government, under the penalty of taking the
confequences if he dared to refufed; that precife fact was
brought out in evidence, and brought out by evidence di-
rectly againſt the man who is now ftanding upon his trial
before you.
Gentlemen, I fhall beg leave to read two paffages, both
of them are ſhort, the words of Mr Juftice Fofter and the
words of Mr Serjeant Hawkins, becaufe they put the law
in fuch plain and diftinct terms to the underſtanding of eve
ry body, that I am fure when I read them I fhail not have
a word more to fay in explanation or in illuftration of them,
Mr Juſtice Fofter, after ſtating that rifings or infurrections
for a particular purpofe do not fall under the idea of High
Treaſon, expressly lays it down, "But every infurrection
❤which in judgment of law is intended againſt the perſon of
"the King, be it to dethrone or impriſon him, or oblige him
<<< to alter his meaſures of Government. ar to remove evit
"counſellors from about him, theſe rifings all amount to
પ levying war within the ftatute, whether attended with
"the pomp and circumſtances of open war or not. And
" every conſpiracy to levy war for theſe purpofes, though
"not treaſon within the claufe of levying war, is yet an
« overt act within the other clauſe of compaffing the King's
* death
f
301 1
death; for thefe purpoſes cannot be effected by numbers
and open force without manifeft danger to his perſon "
Gentlemen, I hope, when you come to confider the evi-
dence, you will keep this fhort, this diftinét ſummary of
that law of treaſon in your minds; and if the facts which
are proved, and which I fhall feel it my duty to recapitulate,
do not amount and apply preciſely, and almoft in the very
words to the authority which I have just now ſtated, then
I fhall have no objection to abandon my caufe, and the cauſe
of my country altogether.
I faid that I would read the words of Mr Serjeant Haw-
kins, as the only quotation I fhall further give; he ſays,
"As to the first point, that of confpiring the King's death,
"It ſeems clearly agreed by all, Tha confpiring the King's
"death, and providing weapons to effect it, or fending let-
"ters to incite others to procure it, or actually affembling
"people in order to take the King into their power, and
"all other fuch like notorious facts, done in purſuance of
"a Treaſonable purpoſe again.t the King's perfon, may be
alledg'd as overt acts to prove the compaffing his death.
"It has alſo been adjudg'd, that the levying war againſt
the King's perfon, or the bare confulting to levy fuch
"war; or meeting together and confulting the means to
"deſtroy the King and his Government, or affembling with
"others and procuring them to attempt the King's death;
"or printing Treafonable pofitions, as that the King is ac-
"countable to the people, and that they ought to take the
"Government into their own hands may be alledg'd as
"overt acts, to prove the compaffing the King's death."
Gentlemen, the authority of Lord Coke was referr'd to
in order to controvert this propofition. Is it likely, Gen-
tlemen, that this opinion of Lord Coke's, had it been a folid
and well founded opinion, would not have been held to
have been law at this moment, or that you would have
found fubfequent writers declaring the reverſe, and quot-
ing in fupport of their propofitions, not the trials of Trea-
fon alone which have occurred between the days of Lord
Coke
A
f jóż j
Coke and the prefent moment, but cafes before that period
and particularly a cafe that is quoted by Lord Holt, and
Chief Juftice Pratt, two of the firft Lawyers and beft of
men that England ever faw at the head of her Courts of
Juftice, which exifted long before the time of Lord Coke,
the cafe of Lord Cobham, in which this very point was ful-
ly difcuffed, and then fixed and fetled upon a foundation
never to be ſhaken? I will ftate to you the words of Chief
Juftice Pratt in the noted cafe of Chriftopher Layer who
was indicted under a train of circumftances, for compaffing
the King's death, fimilar in fome reſpects to thoſe ſtated in
the indictment against the prifoner at your bar, but diffimi-
lar in this refpect only, that when you come to compare
them together, the cafe of Layer, and the circumſtances of
confultation proved againſt him, and for which he was con-
victed, and fuffered, fhrink to nothing in compariſon with
that extent of confpiracy, that degree to which the trai-
torous ſcheme now before you, had advanced towards com-
pletion, and that ferious and well arranged fyftem of mea-
fures, which was not only devifed, but actually in forward-
nefs, and carried partly into excution by the orders, and
under the directions of the priſoner at the bar.
Gentlemen, I blame not my learned brother for arguing
as he has done, and extremely well, and ſtating every thing he
could, in a cafe where a man ftands in that dreadful fitu-
ation, in which the prifoner now does. But when he has
ſtated as law, what I apprehend is not; and brought for-
ward to your attention points, which if ever dubious or de-
bateable, have long fince been fettled and put to reft, it is
my duty to fet the matter to rights, and I fhall do fo in the
words of the Chief Juſtice, who prefided in the trial of Lay-
er, where the ſelf-fame plea in law was urged by Mr Hun-
gerford, counſel for Layer, in arreſt of judgment.
In that particular cafe, what were the words of the Chief
Juſtice? "Mr Hungerford, we would hear you on every
"matter, but confider whether you are not offering a mat-
"ter in arreft of judgment, that hath been determined a
હ gainft
[303]
1
"gainſt you a hundred times; hath it not been conſtant-
❝ly allowed as an overt act of Treafon, in compaffing and
¶ imagining the death of the King, if the parties did meet
"and confult, and agree to levy war? hath it not con-
ftantly been agreed, and doth it not ftand allowed? Now
"to perfuade us, at this time, to over-throw the refolutions
"taken by our predeceffors, is fuch a thing as is not right.
"Do you think we will give a judginent, contrary to
"what our learned predeceffors have given in cafes of the
"greateſt moment?
"If I thought it was of any effect I would not grudge
"fpending, time to hear you, but you muſt agree it has
❝been over-ruled a hundred times."
Standing upon this authority in point of law, and liable
to the correction of the Court if I am wrong in ſtating it,
I come to what I feel my peculiar duty, in this ftage of the
trial, to fum up the evidence, and to reply to the obferva-
tions ſtated against it, on the part of the prifoner.
·
Gentlemen, though the indictment is branched out, in-
to a variety of different overt acts intended, in point of
form, to embrace every poffible circumftance we had to
prove against him, and calculated out of mercy, nay out
of justice to the prifoner, to explain to him every thing
which we had to urge against him; yet it is material for
you to know, that if we fu ceed in proving only one overt
act, we are intitled, thoug'. all the other feventeen (as I
believe there are eighteen) were not proved, to a verdict a-
gainst the prifoner.
;
But the matter refts not upon fuch narrow ground; be-
caufe, if I confider this evidence right, every word that is
ftated in that indictment, however diverfified in expreffion,
and varied in form, are completely, and fully, and diſtinctly
proved before you,
Gentlemen, the charge againſt this man is comprehended
under two diftinct heads :
In the first place, a confpiracy exiſting in this country,
not confined to Scotland alone, but extended alſo to England
for
!
$
[ 304 ]
for calling a new British Convention, as the writings and
wtneffes have told us, the purpoſe of which Convention
is diftinctly ſpoken out by all thofe writings to have been
nothing less than a bold, audacious and defperate attempt
to introduce ſomething like the French Government amon
among
ús, to level the preſent order and eſtabliſhment of things,
and, in the apprehenfion of the confpirators themſelves, to
bring upon this country all the evils of ararchy, unleſs pre-
vented by the wild, the abfurd, and the ridiculous ſcheme
which thofe confpirators had devifed, in the moment of
the diffolution of the prefent Gernment, for fubftituting
in its ſtead fomething which they fancied was to be more
permanent and free, and more calculated for the good of
thur country, and for the good of mankind, than that for
the ownfall of which they were conſpiring.
Gentlemen, if I ftopt here and went no farther, I fhould
be intitled to ſay I have proved my cafe: For the King be
ing, what I truft he will always remain to be, an eſſential and
a component part of the British legiflature, if I prove this
man acceffary to a confpiracy, which had for its object the
fubversion and overthrow of the legislative authority, of
which the King forms a part, I have proved him guilty by
the found confìruction of the ftatute of Edward the III. of
compaffing and imagining the death of the King; becauſe
he could not hul the King from that place which he holds
in the legiflature, and reduce him for a time to bondage,
without bringing his perſonal ſafety and life into danger, and
which amounts to what is defcribed in the Act of Parlia
ment, which paffed five centuries ago, in Edward the Third's
time, as con paffing and imagining the death of the King.
his I take to be he found conftruction of the Act of
Parliament. The law of England, which is now the law of
this country in matters of treafun, and has juftly been for
fince the Union, when our allegiance was the fame, and
when the breach of it ought to be puniſhed in the fame
manner, is peculiarly jealous of the fafety of the Monarch,
With what juftice it is fo, with what good fenfe, with what
knowledge
"[305]
1
knowledge of mankind the Parliament of Edward the III,
who were fo famous for paffing this and other fuch ſtatutes,
as to obtain in hiftory the appellation of the bleffed Parlia-
ment, and which, I hope it continues to deferve, declared the
bare imagination of meaſures tending to effect the life of
the Sovereign to amount to High Treafon, is fully evinced,
not only by the hiſtory of ſucceeding ages, but by the re-
cent experience of thofe things which have happened in a
neighbouring country, and to which I am intitled to advert,
and which juſtifies that jealouſy with which they guarded, the
life of their monarch, and erected a barrier againſt even the
confultation of the fubjects of this country to any attempt
which could fall under the definition of compaffing or ima-
gining the death of the King.
Will you then, Gentlemen, permit this man and others
engaged in fuch a deteftable and dangerous confpiracy, to be
excuſed under the idea of an idle and abfurd rhodomontade?
will you permit them to go free under the more fpecious
but falſe pretext of general reform of national grievances,
or fuffer either reftlefs ambition, or the mad defire of inno-
vation to break thro' that barrier of ftrength, of refpect and
of fecurity with which the wiſdom and policy of our anceſ
tors have encircled the perfon of the Prince, and eſtabliſh-
ed the ſtability of our conftitution? We have not indeed
far to go back for evidence of the danger to which fuch
meaſures are liable; for if the barrier of loyalty and
reſpect is once permitted to be affailed with impunity by
every one who takes it in his head to do ſo, it will foon in-
deed be broken completely through, the conftitution and
Government itſelf fubverted, and the life of the monarch
not only endangered, but forfeited, merely becauſe he has
the misfortune to be the Chief a giftrate.
Gentlemen, I have just now ftated what the Parliament
of England has done, in its juftice, for the fafety of the King.
I have now to ſtate, what to its immortal honour it has alſo
done for the moſt unbounded fecurity to the perfon accufed
of treafon. Look to the forms of the law of treafon which
+
Q g
now
[306]
now for the first time fince the union with England we have
the misfortune to be in practice acquainted with ; confider thé
manner in which the charge is preferred againſt him; con-
fider the time for preparing his defence with which he is in-
dulged; that he has a lift of the witneffes and of the jurors
who are to ſerve upon his trial furniſhed to him, at leaſt ten
days before it; confider his unbounded power of challenge,
as large as can be admitted of, confiftent with the adminiftra-
tion of juftice; that twelve men fitting upon his trial muſt
concur in finding him guilty, and I venture to affirm, that
the country never exifted, or that history tells us of, where
the fafety of the ſubject was under fuch a charge fo amply
protected, where we are tied down to prove every thing we
aver againſt him, and laſt of all, an overt act is to be found
by you, to have been committed before you can find a ver-
dict againſt him; and I fay the human mind cannot con-
ceive a poffibility of trial more fair for the priſoner, or a
fyftem of law provided that could be more effectual to fecure,
I had almoft faid, the indemnity of a man who is guilty.
Gentlemen, I ftated that the first point was the confpir-
ing to call another Britifh Convention. And if I have proved
that which I ſtated in point of law, fuch would have been, by
the conftruction of the ftatute, an overt act of compaffing
the death of the King. But I reft not upon that alone, becauſe
I fay the other not more but equally material point of the
cauſe is, that in this country a confultation did`take place,
not only for the purpoſe of compelling the King to alter his
meaſures by force, and a confultation alone would have
been of itſelf fufficient, but in that confultation the per-
fon of the King was directly pointed at, his perfonal ſafety
was to be brought into queſtion and danger; and I go further,
and ſtate, that fhort of the actual completion of that plan,
ſhort of an actual infurrection, ſhort of an actual arming of
every perſon in Scotland, who, by emiffaries, they could arm
for that purpoſe, the confultation was followed up, and pro-
fecuted to the utmoft poffible extent. It was proſecut-
ed to an alarming extent. God knows where it would
have
L
"
i 307 1
have ftopt, if it had not been for the goodnefs of provi
dence, for it was ftopt by an accidental discovery. It was
ftopt by a moft extraordinary difcovery, and after the mea
fures which they had taken in the profecution of the con-
fultation had been, though but for a very fhort time, actual-
ly in a ſtate of execution. If theſe things are proved (leaving
at prefent Watt's defence out of the question) I fhall be at
a lofs to diſcover how you cań hefitate in the finalleft de-
gree upon the fubject. I ſhall run over the evidence upon
the firſt point very briefly, becauſe it confifts chiefly of
written evidence, and that evidence has already been read
to you by the proper officers of Court; and becauſe I doubt
not you will, when you deliberate upon your verdict, if you
find it neceffary, look yourſelves over thoſe material papers.
You will remember in general, that as early as the 17th of
May, 1793, and immediately after the Houfe of Commons
had thought it confiftent with their duty to reject the pe
fitions for a reform in Parliament, a letter appears from a
Mr Hardy, Secretary of the London Correfponding So
ciety, afking from Mr Skirving, with whom we are ali ac-
quainted, what more effectual meafures could be now at-
tempted. You will remember Mr Skirving's anfwer of the
25th May, equally well proved and of his hand writing,
proved to be found in the poffeffion of Hardy, as Mr Lauzuy
has told you, when Hardy was apprehended under a warrant
from the Secretary of State. You will read that letter; I had
much to ſtate upon it, I had marked feveral paffages of it
as fit for your attention, but which at this early hour, I fhall
omit, making on this letter only one obſervation, that the
writer of it ſeems to have been a very wild enthuſiaſt to have
feriouſly fixed in his idea, that the preſent government was to
fall into ruins, and that anarchy would enſue in confequence,
unleſs they in the mean time, unleſs Hardy and Skirving,
with the aid of thofe focieties, much too numerous I am
afraid for the public good, fhould be prepared with their new
fyftem of Government with which they were occupied.
After reading that letter, it will be for you, Gentlemen, to
Q ૧
confider
[
·C 308
3c81
308 1
}
confider whether thefe men were engaged in a wild, abford
rhodomontade; or, whether they were not feriously occupied
in forming a plan of organization, as Skirving terms it,
which they were to be ready to fubftitute in lieu of the
edifice they thought was about to fall into deftruction. I fhalk
paſs over feveral of the other letters that are proved to have
paffed among thefe people, between the months of June and
November laft, when the British Convention of eternal
and notorious fame was eſtabliſhed in this city. You find
Mr Skirving, then correfponding with Mr Hardy, the Se-
cretary of the London Society, which as Taylor and Gofling
told you, met in January laft, to the number of 1200 people
at the Globe Tavern, and as late as April, to more than
2000 perfons. You find this London Correfponding So-
ciety chufing members to go to that Convention. Tous it
is matter of notoriety that thofe two delegates are fuffering
this moment, for their conduct in that Convention, that juft
puniſhment which the juftice of Scotland awarded againſt
them. You find by the evidence of Scott and others, there
were other focieties in England who fent delegates to this
Scotch Convention. You have it in evidence from that
Mr Aitchifon whom we faw to day, and who acknowledged
a páper with his hand writing upon the back of it, entitled
Citizen Sinclair's amendment of Citizen Callendar's motion;
and you have the iminutes of the Convention itfelf proved
to be the writing of Rofs and Aitchifon. From theſe and
from the evidence of Rofs and Aitchifon, it appears that this
motion of Sinclair's, with which you are fo well acquaint-
ed, was folemnly and deliberately adopted by the Con-
vention; and followed up on the 28th November, by a mo-
tion from Citizen Margarot, viz. "That a Secret Committee
"of three, with the Secretary, be appointed to determine
t
the place where fuch Convention of Emergency fhall
"meet: That fuch place fhall remain a fecret with them,
"and with the Secretary of this Convention; and that
• each delegate ſhall, at the breaking up of the prefent Sef-
"fion, be entrusted with a fealed letter, containing the
name
~ [ 309 ]
*name of the place of meeting: That this letter fhall be
delivered unopened to his conftituents, the receipt of
which fhall be acknowledged by a letter to the Secretary,
"preferved in the fame ftate until the period fhall arrive,
"at which it ſhall be deemed neceffary for the delegates to fet
"off" You have it proved by Scott that they were diſperſed
by the Magiftrates and Sheriff on two fucceffive days. It
is proved that this Convention attempted once to affemble
in the face of lawful authority, and that upon the fecond
´occafion, Margarot called out exprefsly to the Convention to
recollect they had the preceding evening voted themſelves
permanent, and they were not at liberty to retire. You will
confider theſe circumſtances, and connect with them the two
other printed papers on the table, proved to contain the
proceedings at the Globe Tavern a few weeks thereafter, and
the proceedings at Chalk farm the 14th of April. I will
not fatigue your attention or diſtreſs you at this hour of the
morning, by reading the one or the other of theſe papers;
much had I' to fay, much had I to argue on each, but I
leave both to your impartial confideration.
>
The refolutions at the firft, amount to a direct attack on
the legal proceedings of the courts of law in your own coun-
try, affert in feveral paffages in the ftrongest terms, their
determination to refift the legal authority of this country, and
juftify the Convention for that conduct for which the Jury
of Scotland had convicted their delegate Margarot, and for
which he was ſentenced to Botany Bay. They take up-
on themſelves the whole merit, and ftate the whole pro-
ceedings of the British Convention to be fuch as to demand
applaufe, and avow they will continue to follow them
in all particulars till the laft moment. The reſolutions on
the 14th April, attack in terms ftill more violent and out-
rageous, the proceedings, which they fay, difgrace the Su-
preme Court of Criminal Juftice in Scotland, and declare
that theſe ought to be confidered as diffolving entirely the
focial compact between the English Government and the
People, and driving them to appeal to that uncontrovertible
maxim
[ 310 ]
mazim of eternal juftice, that the fafety of the people is the
fupreme, and, in cafes of neceffity, the only law; that a
meaſure then under the confideration of Parliament, the
employing Emigrants in Britiſh pay, on which meaſure Par
liament had alone the power to determine, they ſtate, that
on no pretence whatever, ought the people to fubmit to it;
they ftate, as a queſtion of doubt, what Mr Taylor told you
was at firft a direct affertion, that the King and his Mini-
fters had been guilty of High Treafon in railing money by
fubfcription; and that this, and arming one part of the
country againſt the other, were the meafures which brought
Charles I. to the block, and drove James II. and his pofteri-
ty from the throne. If arming a free and loyal nation a→
gainſt a foreign enemy, be the medfure which theſe perſons
confider as arming one part of the people against the other;
and if they favour the caufe, and are defirous to bring that
enemy into this country, then they have a right to ſay they
are a part of the people againft which the others are armed.
Since they take it to themſelves, it is for you, Gentlemen,
to confider to what extent this refolution goes, and of what
complexion are the members of this London Correſponding
Society. The concluding refolution ftates their conviction,
"That a fteady perfeverance in the fame bold and energe
"tic fentiments avowed by the Friends of Freedom, can-
"not fail of crowning with ultimate triumph the virtuous
"caufe in which we are engaged." What caufe? the cauſe
of the Britiſh Convention, which in the preceding refolu-
tions they have fo warmly extolled as being in ftrict con
formity to the withes and inftructions of the Society; and
they conclude this inflammatory and treaſonable paper, by
obferving, fince, "whatever may be the intereſted opinion of
"Hereditary Senators, or packed majorities of pretended
reprefentatives, truth and liberty in an age fo enlightened
"as the prefent, muſt be invincible and omnipotent."
In a fubfequent part of their addrefs to Jofeph Gerald,
they have expreſsly ſtated, "The equal laws of this country
"have for ages paft been the boaft of its inhabitants, but
"whither
[311]
whither are they now fled? We are animated by the
fame fentiments," (talking of the British Convention,}
1
ཐ
we are daily repeating the fame words, and committing
*the fame actions for which you are thus infamouſly ſep- -
"tenced, and we will repeat and commit them until we
"have obtained redrefs; yet we are unpunifhed! Either
* therefore, the law is unjuſt toward you, in inflicting pu-
"niſhment on the exertions of virtue and talents, or it
❝ought not to deprive us of our fhare in the glory of the
* martyrdom."/
What is this but falfely ſtating that the laws of the country
are not adminiſtered with equality and juftice? What is it
but vindicating and making their own, the whole proceed-
ings of the British Convention, and thoſe perfons who have
'been puniſhed for thoſe proceedings, and avowing their de-
termination to commit and perfevere in the fame criminal
conduct till they obtain redrefs? They hope to have their
fhare in the glory of the martyrdom! I hope that the laft
part of their prayer is not far diftant. What I have read
now, is from the refolution of the 14th of April, at a meeting
at Chalk Farm, where it is proved there were no lefs than
2000 people prefent. At the meeting at the Globe-Tavern
in January, they adopted a fimilar refolution to that on
your table, which was proved to be Aitchiſon's own hand
writing, which was for calling a General Convention, which
in fact, was to affume all the powers of legiflation over this
country, and to exercife a fupreme authority in any manner
it might think proper; and which, in cafe Parliament thould
think fit to land foreign troops, in cafe they ſhould think fit
to fufpend the Habeas Corpus Act, which has been done`;
(and for the wifdom and neceffity of that meafure, need I
refer you to any thing elfe but what this day's evidence his
prefented to you?) and in feveral other given cafes, was im-
mediately to be fummoned for the clear and indubitable pur-
pofe of rebellion againſt the legiſlature of Great Britain.
*
Before I leave this, attend alfo to the letter of Hardy, I
mean the printed letter which we have traced home to the
poffeffion
[ 312]
poffeffion of Miller of Perth, and Mitchell of Strathaven;
that paper, combined with thofe refolutions which I have juſt
now read, appears to me, and I truſt and know it muft
appear to you, as nothing less than founding the alarm for a
rebellion in this country.
"Citizens, the critical moment is arrived, and Britons
"muft either affert with zeal and firmneſs their claims to
EL liberty, or yield without refiftance to the claims that mi-
66
nifterial ufurpation is forging for them. Will you co-
16 operate with us in the only peaceable meaſure that now
prefents itſelf with any profpect of fuccefs. We need not
❝ intimate to you, that notwithſtanding the unparalleled au-
dacity of a corrupt and overbearing faction which at preſent
❝ tramples on the rights and liberties of the people, our
meetings cannot in England be interrupted, without the
66 previous adoption of a Convention Bill, a meaſure it is our
"duty to anticipate, that the ties of union may be more firmly
drawn, and the fentiments and views of the different fo-
"cieties throughout the nation be compared while it is yet
"in our power, ſo as to guide and direct the future opera-
❝tions of the Friends of Freedom. Rouſe then to one ex-
"ertion more, and let us fhew our conſciouſneſs of this
"important truth. If we are to be beaten down by threats,
"profecutions, and illegal fentences, we are unworthy, we
66
are incapable of liberty. We muſt however be expeditious.
"Heffians and Auſtrians are already among us, and if we
"tamely fubmit, a cloud of thofe armed Barbarians may
fhortly be poured in upon us. Let us form then another
"British Convention. We have a centrical fituation in
our view, which we believe, would be moft convenient
for the whole iſland; but which we forbear to mention,
intreating your confidence in this particular, till we have
*the anſwer of the focieties with which we are in corre-
❝ fpondence. Let us have your anfwer then by the 20th
at fartheft; earlier of poffible, whether you approve of the
meafure, and how many delegates you can fend, with the
"number
[ 33 ]
x1
"number, alfo if poffible, of your focieties. We remain
yours in pure affection.
"The London Correfponding Society,
“T. HARDY, Secretary."
23
"For the management of this bufinefs we have appointe
"ed a Secret Committee; you will judge how far it is ne
"ceffary for you to do the fame.”
Now, having eſtabliſhed this clofe union with the Lon-
don Correſponding Society, united in the fame meaſures,
fending delegates to the fame place, and taking up the cauſe
of the Britiſh Convention where they left it, and corre-
fponding again, with every part of the country, let us con-
fider what are the inferences which you are to draw from
theſe proceedings. After the evidence was read to you, you
could have no doubt, that this other Britiſh Convention,
which was to rouze itſelf to one exertion more, was to be a
Convention, not only as ftrong, but more effectual than the
one in Edinburgh, diſperſed ſix months before. This letter
of Hardy's appears to have been fent tó Stock, and a num¬
ber of copies given by him to George Rofs, the man in
whoſe houſe the Committee of Union met, and in whoſe
houſe the Committee of Ways and Means met; a fact
which one of the witneffes, with a very mean equivocation,
attempted to deny, for, when I aſked him if he went
to the Committee of Ways and Means, he anſwered, no, he
went to the Gazetteer Office; but it turned out, that the
Gazetteer Office was the very place where theſe Commit-
tees always met; George Rofs was a member of the Britiſh
Convention, and of the Committee of Union alfo; and
George Rofs told you, he fent thefe printed letters to dif
ferent places in Scotland, particularly Perth, Paiſley, Strath-
aven and Dundee. In this you find him confirmed by the
evidence of Miller and Mitchell. The copy fent to Perth
is on the table, addreffed in the hand-writing of George
Rofs and Miller admits, that he received it from Edin-
burgh by poſt, and he fays, in confequence of that invitati-
·
*9
‡
R 'r
1
OB
1
1
t.314 ]
en, the club at Perth agreed to chufe a delegate, who was to be
ready to ſet out, and to attend in that place, then kept a fecret,
where Mr Hardy fhould afterwards notify the Convention
fhould affemble. This happened in April, and the little
man, Taylor, I believe, told you, that it was underſtood in
London, that the Secret Committee had fixed the place,
and that the Convention of Emergency was appointed to
meet about the beginning of May. I took his words
down, for the coincidence of dates ftruck me to be extreme-
ly material You have it in evidence, that Mitchell of
Strathaven received fuch another letter; he acted as chair-
man of the United Societies of Strathaven, and various o-
ther villages in that neighbourhood, who met, as Mitchell
fays, in confequence of that letter, and likewife chofe a de-
legate, to attend the propofed Convention. The letter it-
felf, figned by Mitchell, and diſpatched by him to London,
notifying the election of the delegate, was afterwards found
by the meffengers in Hardy's pofleffion, and is now on the
table. It is dated the 9th of April, which tallies again ex-
actly with the periods of Miller and Taylor.
From how many other towns in Scotland, and from how
many towns in England they had received affurances of co-
operation, in the one great exertion which remained, it is
not neceffary for me to inquire; it is enough for me to have
proved what I have done,and I now leave it for your confider-
ation, whether I have not, clearly and fatisfactorily, made out,
what I hope the profecutor always will, in fuch a cafe, be
obliged to make out, ere he can afk a Jury to believe the
exiſtence of a conſpiracy or treaſonable plot; one of as feri-
ous, as alarming, and as extenfive a nature, as ever was
formed in the annals of our hiſtory. I confefs, Gentlemen,
that, when in a different capacity, I first heard of the exi-
ftence of this extraordinary ſcheme, it ftruck me, that it
could not be ferious, as it bore all the marks, and the fi
militude of fancy and madnefs. But the evidence this day
has proved, that this fcheme was not the fancy of the mo-
ment, not the effort of any one, two, or three individuals
in
( 315 )
in a corner, acting under the influence of an overheated
imagination, but part of a ſerious, and a deep conſpiracy,
which began eighteen months ago, which gradually grew in
maturity, as the parties, of which it was compofed, conti-
nued to increafe in activity, and boldness, and has now, by
dint of unwearied induſtry, extended to numbers which we
ſhould have eſteemed incredible: when you find one meet-
ing of 1200 perfons publiſhing 100,000 copies of their re-
folutions, to be fent all over the country; and a ſecond, of
2000 and upwards, publiſhing no iefs than 200,000, becauſe
the former had not been fufficient; when you find it thus
gradually increaſing, will you, Gentlemen, permit this con-
ſpiracy to go on in its progreſs? will you fuffer it to rear its
head any longer against the legal conftituted authority of
the State; to hold in contempt, and attack with impunity,
the Laws and the Juftice of the country, and to justify the
conduct of condemned criminals, with an avowed determi-
nation to repeat the fame crimes, and never to defift, 'till
they have obtained their object.-All this you have in evi-
dence; and the point, fit for you, as a Jury, to confider, is
how far it is brought home againſt Watt. It is brought
home againſt Watt, by this evidence; in the Committee of
Ways and Means, which affembled in the houſe of George
Rofs, the man who received the paper from Stock, that
letter was laid before the meeting, in the prefence of Bon-
thron, Stock, Watt, and Downie, where an anfwer was
concerted to that letter, and Watt, who is proved to have
been alarmed with refpect to correfponding with Hardy, he-
fitated, till advifed by Stock, whom I am entitled to ftate as
a traitor, becauſe the Grand Jury have found a Bill of In-
dictment against him, removed his doubts, by aſſuring him
he had deviſed a proper mode, in which Hardy and Watt
could correfpond with fafety. This circumftance, I am a
fraid, proves that this man, artful and cunning as he was,
knew fufficiently well the criminal nature of the correfpon-
dence in which he was engaged, and from the peculiar mode
in which M'Ewan anfwered the queftion put by the priſoner
Rr 2
himſelf
OF.
[ 316 1
himfelf, he was, notwithſtanding, fully refolved to carry it
If the excufe of ignorance was admiffible at all, fome
kind of apology might perhaps be found for a perfon, fuch
as Bonthron, fuch as M'Ewan, or a man fimilar to Mr
Aitchison, or any of thofe perfons, who, after being miſled
by others more defigning than themfelves, embarked in
ſchemes, of the guilt of which they were utterly incapaci
tated to judge; and which, from their fituation, they could
not difcover; who were gradually led, as many of the Bri
tiſh Convention were from lefs to more, without knowing
the full extent of the crime they had committed.
could Watt plead that apology? He was not a member of
the Britiſh Convention, but he knew the proceedings of it.
He could not be ignorant of the puniſhment of the ring-
leaders of that Convention and yet you find him, after
the Sword of Juftice had reached thofe men, engaged in the
fame meaſures, and carrying them on, in that very place in
which they had fuffered for their offence,by a ſentence more
lenient than it merited. It was with his eyes open, there-
fore, he muſt have done all this.
But
The only ufe puniſhment ever was contrived for in this
world, for the fake of example to others, had completely failed
in regard to him. When you find nim in this Committee of
Union, when you find him in the Committee of Ways
and Means affifting at that Committee with Stock, con-
certing the anſwer to be given to one of thoſe letters, and
confulting as to the ſafe and proper mode of correfponding
with Hardy, and agreeing with Stock, that he was to carry
with him to Hardy the anſwer which was drawn up upon
this occafion; if you think this was an acceffion on the part
of this man to the ſcheme of calling a new Britiſh Conven-
tion; if you think that his becoming a member of the Com-
mittees of Union and of Ways and Means, taking up the
cauſe of the British Convention where they left it ; and
perfevering, as he clearly did in the ſelf fame fyftem is prov-
ed againſt him, you will then judge if he is not deeply en-
gaged in this confpiracy, and if you will not hold him an-
fwerable
辈
​if
[ 317 ]
fwerable for the confequences of the offence laid to his
charge. I have been dwelling perhaps too long upon this
part of the evidence: I hope I fhall not be fo long upon
what remains. I ftate to you with perfect confidence, that
you look alone to the evidence of Bonthron and M′Ewan,
a cafe cannot be figured, where the facts are more com
pleatly proved than thoſe which have come out in the evi-
dence this day laid before you. By the laws of this country,
two witn ffes are neceffary to prove one crime. By the law
of England in common cafes, one credible witneſs to a crime,
entitles a jury to convict: But though in matters of treafen,
the concurrent teftimonies of two witneffes are requifite,
it has been uniformly held, that one witneſs to one overt act,
and another to another of the fame fpecies of treafon, is fuf-
ficient. In the prefent cafe you have three witneffes to the
treafon.
1
McEwan, was the firft witneſs. I am fure when I in a
few words bring to your recollection the manner he gave
his teftimony, you will join with me in paying that compli-
ment to him I cannot pay to Bonthron or Fairley; that he
ſeemed defirous to tell the truth, and nothing but the truth.
If you look at your notes, you will find, one particular
thing only excepted, which Bonthron did not recollect, you
will find every part of his ſtory confirmed by Bonthrou, and
indeed by all the others beyond the poffibility of doubt.
{
This Committee of Ways and Means, like a felf elected
Committee in France was invefted with full powers to con-
duct the bufinefs of the party in Scotland, was to turn out
old members and bring in new ones at pleaſure, and was
not to be refponfible or accountable to the perfons that chofe
them. It confifted of feven perfons, Bonthron, Downie,
Stock, Watt, M-Ewan, Aitchifon and Burk; the two laft
however foon gave up their attendance, and if it is worth
while to build any thing on the teſtimony of Aitchiſon, his
reaſon for retiring was by no means a bad one. His tefli-
mony however I fhall leave perfectly out of the cafe.
fer you to better evidence, and evidence not to be fhaken,
I re
when
[ 318 ]
when I direct your attention to that of M'Ewan, who tells
you the purport of the plan Watt propofed, when Downie,
Stock and Bonthron were prefent; he tells you it was nei-
ther more nor lefs, (it is needlefs for me minutely to go over
the circumſtances of it) than a confpiracy, not only to com-
pel the King to alter the meaſures of his Government, but
to conſtrain him by force; to feize during the night the
Caftle, the Banks and public offices, and to fend couriers to
excite a general infurrection through the country, and to
iffue a proclamation to the country gentlemen, farmers and
others to the purpoſe M'Ewan has told us. An addreſs was
next to be fent to the King, ftating what had happened, and
if he did not difmifs his. Minifters and put a stop to the
war, the words are, "he must either abide by the confe-
quences, or ftand to the peril of the confequences. In
almoſt every particular was M'Ewan confirmed by Bon-
thron, although he was not furely a willing witneſs for me,
and equivocated as much in giving his teftimony as ever a wit-
nefs did in a Court of juſtice, who was not fent to gaol for
perjury or prevarication. He corroborated, however, the
account of M'Ewan at leaſt in all its material points, though
with the utmoſt difficulty, and a difficulty which will, on
your minds, have the fame effect it had upon mine; that
this witneſs faid nothing but what was ftrictly true, and
meant to keep clofe every circumftance he poffibly could,
which might be prejudicial to the priſoner, whoſe conduct
he meant to conceal, but which, by that very reluctance,
Bonthron clearly fhewed he felt to be highly criminal, and
which, but for the obligation he was under to ſpeak the truth,
he did every thing in his power to conceal. He concurs
alfo with McEwan in defcribing what he felt refpecting the
ſcheme Watt propoſed to them, and which, to the eternal
honour of M'Ewan, he inftantly oppofed, by declaring he
never would agree to any meaſure which tended to diſturb
the peace of the country, and to lay his country in blood;
for Bonthron declares that M'Ewan ftrongly diſapproved
of that plan, and that he joined him in doing ſo. Bonthron
does
[319]
does not tell you indeed any thing with reſpect to the addrefs
to the King, but he tells you he was fo frightened and a-
larmed when he heard this fcheme propofed, that it is not
extraordinary that if this addrefs to the King was read in
his prefence, it ſhould have eſcaped his memory. It does
not indeed exactly appear whether this addreſs was read at
this first meeting, or not till the next day, in which cafe
the addrefs was not divulged to Bonthron at all, and he ne-
ver heard of it. But when you find M'Ewan fupported in
every thing by Bonthron, one circumftance only excepted
that does not take from the credibility of the evidence of
M'Ewan, on the contrary it confirms him, and fhews
M.Ewan has been telling the truth: For how is it poffible
to believe, that where he does fo in every other part of the
teftimony, in which Bonthron and he perfectly coincide and
agree, that in this particular he was telling a falfehood?
We had a third witneſs, Mr Fairley, and there I must re-
peat with a ſtronger degree of application the obfervation E
made on the conduct of Bonthron: Did that man, during
an hour or more that he ſtood at the foot of that table, did
he or did he not conceal the truth? you faw his behaviour
while under examination, and you will think I truſt, as I do,
that he was determined to conceal the truth.
We forced it out of him at laſt in ſpite of his heart; and
material and conclufive as his evidence is, decifive as it, is in
every circumſtance, even the moſt minute, of the guilt of the
prifoner, I will not recapitulate one of them; obſerving only
in general, that he has deponed to every thing to which M'Ewan
and Bonthron had ſworn before, with this only difference,
it coſt him an hour and a half's work to tell you what he
could and ought to have done in ten minutes, what he well
knew was no idle plan, but a ſcheme, the criminal nature of
which he was fufficiently aware of, and which he wiſhed to
bury in eternal oblivion. Bonthron fays, he was fo alarmed
on hearing the plan read, that he went home immediately
and wrote an advertiſement for the purpoſe of inferting it
in Donaldſon's next paper, but that he did not put it in.
Being
:
[320]
1
Being asked the reafon, he ſaid, that before he had time to
carry it to the printer, Fairley had come, mentioning that
he was to go upon a journey to fee his friends, in the courfe
of which he was to do fome bufinefs for Watt; and, that
having, in confequence of Fairley's folicitation, given him a
line to Watt for fome money, he confidered this as to a
certain degree of new engaging with the Committee, and
on that account kept the advertiſement by him. But that
paper he produced, which, he faid, he drew up at the time,
dated 21st of April, a fhort while before Stock appears to
have left the city, and on the import of which I need not
fay one word. In fhort, take the evidence of theſe three
men, Bonthron, M'Ewan, and Fairley, compare and com
bine them together, and if you hefitate a moment in believ
ing every thing they have ſtated to you, to be true, any ar-
gument which I could offer to you on the ſubject, would be
in my apprehenfion, extremely idle and unneceffary.
Now, it has been faid in defence of the prifoner, that grant-
ing all this to be true, it is at beft an idle, incredible, and
impracticable plan, and a mere confultation of meaſures ne-
ver intended to be carried into execution. If it be a conful-
tation for the purpoſe of levying war againſt the King, it is
enough for my purpofe; for that of itſelf is an overt act to
prove the compaffing and imagining the death of the king.
But it is impoffible for me to agree to this ſtate of the cafe.
I have proved that the matter did not reft at a mere conful-
tation, but that, the confultation was acted upon and follow-
ed up as far as the prifoner and his accomplices could go,
and to the utmoſt extent in their power, till their progreſs
was ſtopped by being thrown into feparate cuftody, where
they have remained ever fince. It has been faid that the
fcheme is incredible. Not long ago it would have been in-
credible. But let me afk you, Gentlemen, have not things
equally incredible lately happened? I afk you, could you
have believed in the month of May 1793, that Skirving and
Hardy were then confpiring against the ftate? Could you
have fuppoſed, laft winter, when the Britiſh Convention met
here,
1
I 321]
✔
here, that they would have dared to have openly paffed a re-
folution in the face of the country, avowing a determination
to refift the British legislature by force? Could you have
believed, till the fact actually happened, that in London,
there would be found men, bold, wicked, and daring enough
to meet in public affembly, to the amount of 1000 perfons,
to pafs refolutions in almoſt the ſelf-fame words, to vindicate
the crime of thofe men whom the Supreme Court of Juftice
in Scotland had condemned to tranſportation, and avowed
their determination to commit the fame offence? Could
you have believed, if it had not been proved to you, that
they fhould fince have attempted to affemble another, and a
more numerous Britiſh Convention, fimilar in its nature and
objects to the former, and for the purpoſes ſtated in the lef-
ters I have read ? Recollect thefe things, and judge betwixt
us, of the merit of this plea of general improbability. Re
collect alſo, that we live not in the age of high families or
powerful fubjects confpiring, as in times of old, againſt their
lawful Sovereign, but in a time unparalleled not in the hif-
fory of this kingdom alone, but in that of the world, when
a fyftem, originating in that country, which has excited a
convulfion in every part of Europe, has with a zeal propor
tioned to the magnitude of the object, and the defperation
of its adherents, been attempted to be introduced into Britain
by inflaming the multitude, by fetting every man of low fitu-
ation against his immediate fuperior, by holding out to the
people the delufive idea of equality, not only of rights, but
of property; which propofes to renounce all rank and order
în fociety, and to eftablish what implies in it the deftruction
of the conftitution of this country, and without which, fome
of the witneffes have told you, they were taught to believe
they were not free, Annual Parliaments and Univerſal Suf-
frage, the falfe and fpecious pretext under which is hardly
concealed a plan to introduce that confufion and anarchy which
have deluged another country in blood, and which it muft
Tong continue to lament. It is the confpiracy and treafon of
the day which I impute to this man. Tell me not then that
}
Sf
+
Bonthron,
E322]
•
Bonthron, Watt, and the others are not to be believed ferious
in their attempt to lift their hands againſt the Government,
when we find that the means by which the treaſon was to
be carried on in every town and village in this country, was
by feducing the ignorant and unwary, and deluding the peo-
ple to obtain what, if they ever could obtain it, would end
in their own defolation, ruin, and deftruction. Tell me not
that this ſcheme is unlikely on the ground that the actors
apparently have not the power to be mischievous. If you
fhew me that it is impracticable in the execution, I agree
to your holding it to be an unlikely plan both in its forma
tion and ſtructure, But if you tell me it is unlikely to be
ferious merely becauſe this Committee of Ways and Means
confifted only of feven men, recollect, I beg of you, Gen-
tlemen, in what fituation thefe men were placed, and in
what character they acted. They state themſelves to be the
repreſentative of the constituent, whom the conſtituent is
bound to protect against every attack made against him, be-
cauſe the will of the reprefentative is the will of the confti-
tuent. It is proyed that the Committee of Ways and Means
was a Secret Committee armed with the moſt uncontrouled
and abfolute authority over thoſe who either directly or in-
directly concurred in its nomination. That it poffeffed a pow
er of diſpoſing of money collected under various falſe pre-
tences, to any purpoſe however treaſonable without being
called to any account for it; and that with the utmoſt arti
fice and caution, it deviſed and directed every poffible ſtep
by which the multitude difperfed in clubs and focieties
throughout the country, could be brought to act together
with vigour and by furpriſe againſt the eſtabliſhed authority
and government of the State.
When I look to the circumftances proved this day beyond
the reach of doubt, can we hefitate in being of opinion,
that there exiſted in the bofom of Watt and this Committee
of Ways and Means, a fcheme which bears all the features
of ſerious, black, dreadful treaſon, in every line and in every
Rep which they took to carry it into execution. You find
them
A
[323]
1
1
I
them by means of an inflammatory páper attempting tỏ ſẻ-
duce the Fencibles from their duty. You find in the cloſet
of this delinquent a font of types difcovered, which the
Sheriff tells you he took into his poffeffion, conceiving it fome-
thing extraordinary, that a merchant and ſpirit dealer fhould
have any uſe for ſuch a machine, and you find the Fencible
paper taken from that fet of types. My brother was pleaſed
to ſay, there was nothing feditious in that paper; but had
he forgot the peculiar fituation of the Fencible Regiments
on the 12th of April when this paper is dated, and will he
ftill venture to affert, that the paper is not feditious? What
elfe than fedition, and what lef: than treafon can you impute
to the man who at fo critical a time, when all the Fencible
Regiments had hefitated, fome been induced to refuſe, and
a few had to their honour agreed to march to England, to
join in protecting the country at large under a threatened
invafion, could be bafe enough, criminal enough, and daring
enough, deliberately to fit down to compofe, print, and
publiſh ſuch a paper, exciting the foldiery under falſe pre-
tences not to croſs the Tweed to affiſt in repelling a foreign
invader: which holds out to them in the moſt inflammatory
language, the danger of Scotland being over-run by foreign
troops, as the only object againſt which they ought to guard;
and what foreign troops? Not the troops of France, the
only foreign enemy whofe invafion we had to defend against,
and to whom, from beginning to end of this paper there is
not the moft indirect or diftant allufion, but foreign mer-
cenaries, as they are termed, an expreffion, of which, on read-
ing that paper, not a foldier in the ranks could miſtake the
true meaning. To render the meaning ftill more obvious;
theſe foreign troops are defcribed to be fuch as have in
times paſt ſhed the blood of our anceſtors, and immediately
is introduced the cruel maffacre of Glencoe, where the
troops of King William were guilty of an act which has fix-
éd a ftain which will not be foon removed from the annals
of this country. They were not French troops then, but
men in the fituation of King William's troops; foreigners-
indeed,
Sf 2
;
.
}
1
[ 324 J
Indeed, but auxiliaries, and who alone could be introduced
into this country in the hour of extreme danger and the faſt
neceffity, and by the authority of Parliament, whom, under
the appellation of foreign troops and foreign mercenaries it
was to guard againft, and whom alone the author had in
his eye, when he compofed this printed addrefs to the Fen-
eibles. Will you be of opinion that there was nothing fedi-
tious in this paper, when you find the parties themſelves
concerned in the publication of it, confcious of their danger
Remember the evidence given by Watfon, who told you
that while he was ftanding in a fhop in the Lawn Market,
he faw Downie pafs by, and having the curiofity to inquire
after that paper or hand-bill, he followed him and aſked
for it. This curious gentleman is a Friend of the People
and lived at Dalkeith, where 300 of Lord Hopetoun's Fen-
cibles were at that moment quartered on their march to Eng-
land. Downie tells him "I have none of them, but I will
take you to a place where you may get them." Where do
they go
? Watfon could not or would not fwear to the perfon
of the priſoner; but he fays, that Downie carried him to
the houſe of a man who lived a little below the North Bridge,
the very place where Watt lives; that after remaining there
a few minutes, Downie and he came out. He fays he did
not hear Watt fay any thing, or direct them where to go;
but he admits, underſtanding he was going to have his cu-
riofity fatisfied, which had not been done at Watt's houfe,
as Downie had led him to expect: That they went directly
from thence to Montgomery's fhop, on the South Bridge,
where Kennedy, a perfon who abfconded the evening after
Watt was feized, and who after every exertion remains con-
cealed, and has probably by this time eſcaped beyond the
reach of the justice of this country, went with Downie into
the back fhop, and in two minutes they called Watſon in,
when Downie threw a parcel down upon the floor, and faid,
he would not give it him, but defired him to take it up,
adding, that "if any body afks you how you came by it,
tell him you found it." For what reafon Mr Downie was
not
}
3
*
1.325 I
not to give the parcel to Watfon, but he was to find it, I
feave, Gentlemen, to your own confideration; the parcel
contained a number of copies of the addrefs to the Fencibles,
which Mr Watfon admits, he loft no time in diftributing at
Dalkeith, and one of which we have traced out of his hands,
directly and completely, to the perfon of Serjeant Hardy,
who produced and identified the copy, and which is proved
to be the fame as thofe ftruck off by order of the Sheriff,
from the font of types difcovered in Wait's houfe, and is
the very paper. Is it poffible you can afk, or expect great-
er evidence of guilt? My brother ftated, that the circula-
tion of this paper, if it was criminal, was a crime againf
martial law, and deferved fevere military puniſhment. Watt.
is not a földier, and I am not trying him for an offence by
martial law; but I am trying him for High Treafon, and
as a circumſtance fhewing his guilt, I have proved him to be
the man to whom Downie directly went for the papers Wat-
fon aſked for, and theſe papers are found to have been im-
printed and caft off from the font of types difcovered in his
poffeffion: I found on this circumftance, among a variety of
others, as convincing evidence of Watt's treafon; and I
maintain that the whole of them completely difproved the
defence fet up for him by my brother, that the plan was an
abſurd, idle rhodemontade; on the contrary, that he and
his affociates were engaged in a ferious deliberate fcheme of
addreffing the King, compelling him by force to alter his
Government, and of exciting and raiſing an infurrection a-
gainst him.
J
But the evidence of Fairley is of itfelf decifive of his
guilt and, if the circumftances he has fworn to, and in
which he is completely confirmed, can, upon the part of
Watt, be reconciled by you, to the idea that he was in jeſt,
and which, from the first moment I knew them, to the pre-
fent, I have reflected on again and again, I am bold to fay,
with every poffible wifh to excufe, in my own mind, the
conduct of a man, to whom I once looked with a favorable
eye, and on whom my duty, as a fervant of the Crown and
the
'
[ 326]
L
1
1
?
the Public, led me to beftow confidence, but without my
ever being able to do ſo, if you can ſtill teach me how to
believe him pardonable, innocent of the Treaſon, and that
he was not compleatly determined in the fcheme he had
propofed, inftruct me in that leffon, if you can, and, moft
truly and fincerely will I thank you. He fends Fairley to
the weſt country, and upon what errand I need not remind
you, nor of the reluctance with which Fairley was compell
ed to ſpeak out. He corroborated, in every thing, what
Bonthron and M'Ewan had formerly told us, except the
circumftance of feizing the banks and public offices, which,
though queftioned for half an hour, by my brother, the
Solicitor General, he fwore, after repeated cautions, that he
did not remember any thing about; and yet, after having
left the Court, he voluntarily came back, and declared, us
pon recollection, he remembered that alfo. He proves, that
he was directed by this Secret Committee, to advife, in the
different towns he vifited, the eftablifhment of Collectors,
to levy, and remit to the Committee of Ways and Means,
money to carry on the Great Caufe; and, although he ad-
mitted, that he did not know even a fingle perfon in the
various towns and villages to which he was fent, it is fingu-
lar that he ftumbles upon the Friends of the People, and
the most active ringleaders of the Britifh Convention,
wherever he goes, and is by them courteoufly entertained,
and received with open arms.
What does Dr Forreft ftate? He ftates, what if any
doubt could remain in your minds, as to the ſeriouſneſs and
guilt of this confpiracy, muſt completely remove all heſitatis
on; and which of itſelf, is a damning circumftance to the
priſoner at your bar: He ftates, and he ſtated it with a res
luctance, which ſhewed he did not wifh to load the priſoner,
very much the reverfe, that Mr Fairley did communicate to
him written inftructions that they fhould provide themſelves
with-what? A blank followed, which Forreft underſtood
to mean-arms: That an infurrection was foon to take
place in Edinburgh; that the foldiers were either to be dif
armed,
+
C. 327 1
armed, or brought over to join the infurgents; a circum
ftance, which tends alfo to fhow, for what purpoſe, and with.
what intention the addrefs to the Fencibles was compofed
and circulated, and which proves Watt and Downie's con-
fidence in the probable fucceſs of the wicked and treaſon-
able underſtanding, in which they were engaged.
From whom does Fairley receive the money, neceffary for
defraying the charges of this treaſonable embaſſy? He gets a
line, I think from Bonthron, addreffed to the priſoner, who
configns him to whom? To Downie, the treaſurer of the.
Committee of Ways and Means. From whom, and in what,
circumftances and manner does he receive his inftructions?
Watt directs him to a fhop in Edinburgh, kept by one Camp-
bell, a hatter, one of the fame kidney with themfelves; and,
on the counter, Mr Fairley finds a parcel lying,which he im-
médiately takes up, and carries away with him, in order, I
prefume, that in the event of his being queftioned regarding
its contents, Mr Fairley might, by the fame ingenious de-
vice practifed with Mr Watſon, be enabled to ſatisfy his con-
ſcience in denying that he had received it from Watt, tho'
in truth it came from Watt alone. He goes as far as the:
Queensferry, ere he opens this parcel, which was to direct
his whole journey; and he finds inftructions, of a direct
treaſonable purpoſe, and a parcel of printed papers, direct-
ing, among other things, the focieties in the country to ap
point Collectors over every fourteen or fifteen perfons, who
were to conduct and fuperintend their proceedings.
Forreft fwears to the fame thing pointedly, and tells you
what this inftitution meant: That thefe Collectors were to
be appointed over ſmall divifions of fourteen or fifteen peo-
ple, for the pretended purpofe of collecting money and fen-
timents, but chiefly to act as commanders in the propoſed
infurrection. Thus were you to have a fyftem of inſurrec-
tion eſtabliſhed, which, if fuch a plan could ever be carried
into execution, did ample honour to the ability of the con-
triver; for it was not a plan, partial in its nature, and con-
trived to excite tumult and diſorder in one city or diſtrict
Dr.
alone ;
ť 328, 1
alone; but a confpiracy, calculated to include all Scotland,
at leaſt, and constructed in the best way to infure fuccefs,
when carried into execution. It is proved, that the focieties
were to be previouſly ſub-divided into ſmall bands or détach❤
ments, from twelve to twenty, each headed by their collec
tor, who, when the moment of infurrection arrived, was
to act as their leader: That thefe collectors were again to
meet in a ſeparate body, with a prefes at their head, who
was to communicate with the Secret Committee of Ways
and Means, and receive, and convey to the other collectors
its directions and orders. The reaſon of veſting this Se-
cret Committee, with that fupreme controuling power which
they are proved to have poffeffed, is now obvious, Ą con-
fpiracy of this magnitude and extent, could not be conduct-
ed and managed, unlefs fuch a ſmall number was placed at
the head of it, as could enfure fecrecy, till it was ripe for
execution;' unleſs theſe men were vefted with uncontroul-
ed powers, unless they had devifed a mode of fetting the
machine in motion in a moment, and of conveying, inftan
taneouſly and fuddenly, through proper channels, to the
multitude, without whofe prompt co operation, it could nos
fucceed, the fteps they were to take, and the orders they
were to obey. By the means proved this evening before
you, did this Committee, not unreaſonably hope and expect,
to make the people, not in this city and country alone, but-
throughout Scotland, for aught we know, perhaps in
London, and all the towns in the kingdom to operate under
them, as if acted upon by one mind, whilft the ſcheme it-
ſelf was fafely confined to the breafts of the Secret Com-
mittee, and was only divulged in the moment of its burfting
into rebellion. Such is the confpiracy, the particulars of
which have been fully laid before you, which was to have
been acted upon, in the way I have ſtated, and to the ex-
tent I have juſt now obſerved.
$
In reviewing the evidence,I had almoſt omitted mentioning
the circumftance of arming, which, though hardly neceffary:
to the eſtabliſliment of his guilt, is indiſputably, and direct-
ly
C 329 1
ly brought home to Watt. What purpofe could he have
in view, in providing thofe dangerous and extraordinarý
weapons? He faid, for the purpoſe of merchandiſe. Did
the countryman, Orrock, believe them intended for the
purpoſe of merchandife? No. Did Brown believe it? No.
By whom were they paid? By Downie, the treaſurer of the
Committee of Ways and Means, the felf fame treaſurer
who received and difpofed of the money for the advance-
ment of that Grand Caufe, which was to be carried into ex-
ecution, by means of privately and fecretly arming the
Friends of the People, under different falfe pretencès, un-
neceffary for me to recapitulate, but in truth, for the pur-
poſe you have heard ſo fully and diſtinctly proved this even-
ing: Brown tells you the manner in which he was firſt
émployed in this new manufacture; and under what fufpici-
óús circumſtances, Robertſon the ſchoolmafter prevailed u-
pon him to undertake executing the order, which is proved
to have come from Watt. I fhall not dwell on the evidence
of Orrock, confirmed as he is, by a variety of witneffes,
fürther than requeſting you to give due weight to the or
ders he received, for fitting his inftruments all to the fame
fcrew; and the complaints made by Mr Watt, and his e-
miffaries, that his first productions were not fufficiently
harpened. It is proved alfo, that Orrock finding, on an
accidental converfation with Brown, that he was alfo em-
ployed in the fame buſineſs, took alarm at the bidling way
(to uſe the witneſs's own words) in which the manufacture
was going forward, and had reſolved to give it up, when the
difcovery prevented him. Is it not proved, that Watt went,
of his own accord, to Orrock, and defired this man to fay,
if any perſon aſked him what theſe inftruments were in-
tended for, that they were making for the top of a gentle-
man's gate? And can you, Gentlemen, in the face of all
theſe, and every circumſtance in the conduct of this
Believe for a moment, that theſe arms were intended as mer-
chandiſe, or for the purpoſes of legal felf defence? I know
you cannot : Your oath, and your confcience will not per-
mit you.
?
man,
T
I have
[ 330 ]
I have gone through, I think, every thing which appear
ed to me neceffary to obferve in general on the evidence?
}
I regret 1 could not ſay it in fewer words. Laft of all comes
the defence he has ftated, and inftructed his couníel to
maintain, upon a former connection with the Secretary of
State for the home department and myfelf. That he vo-
lunteered in forming this connection is admitted by himſelf;
is proved by the copy of the letter which was found in his own
poffeffion, and which, without objection on our part, he gave
in evidence, and it is corroborated by the letter of Mr Se
cretary Dundas, of the 5th of September, which appears to
have been its anfwer. For having given him my evidence,
and having waved any privilege which I underſtand would
have authoriſed the Attorney General of England to have
refufed it, I take no merit; it was my duty to give this
man, circumſtanced as he and I once were, the benefit of
my evidence upon oath, fince he confidered it as material,
and to tell you every thing I know regarding him. You
have heard my evidence, and upon that fubject it is impoffi
ble I can fay one word. You will confider whether it is with-
in the bounds of the most diftant probability to believe the
ſtory he has inftructed his Counfel to tell for him, that he
meant to communicate in due time to me or the Minifters
of this country, the defigns of thefe men, and that he was
only watching them for the public good. From the month
of July, moft affuredly fince the month of October laft, he
chofe to difcontinue his attendance upon me; though the
proceedings of that period were fufficiently momentous, and
fuch as to call for both his attention and mine. He fays, I
went to London in March, and fince that could not ſee me :
and as the proceedings of the Convention were printed in
the Edinburgh Newspapers, his more early attendance was
unneceffary. But a letter would have reached me in Lon-
don in three days: and you are at full liberty to fuftain, if
you can, as fufficient, the apology he has offered for his
abfence from October to March, whilft he and I were refi-
dent in this city, and when he was fure I was ready to re-
}
$
ceive
[ 33 ]
eive him with any communication he chofe to give me, and
which, as a faithful fervant of the King and of the country,
I felt it my duty to receive from him. Can it be doubted,
after what you have heard this night, that he was the principal
actor and prime mover of all theſe plans, conducted with an
artifice andcunning I hardly ever knew equalled; and is it with-
in the reach of the moſt charitable credulity to believe he was
there for the purpoſe of giving information to government? and
with what other purpoſe, or from what motive, he conducted
thefe proceedings, and took the lead in theſe counfels, it
is for you to determine, hardly neceffary for me to hint at
or enquire; but whether he did it in order to keep well
with both fides, and ultimately prefer that moſt likely to
prevail, the moſt charitable and advantageous view you can
take of his conduct, or whether recurring to the original
habits, or being mifled by the converfation of thofe with
whom he affociated before he wrote to Mr Dundas; what-
ever may have been the cauſe of the alteration of that line
of conduct, I know of no circumftance occurring in that
period, nor have I heard any argument deduced from it,
which ſo far from extenuating, does not to my mind aggra-
vate the guilt which has been fo diftinctly made out againſt
him. If he ſtates that which cannot be ſeriouſly ſtated
for him, which my brother's difcernment would not allow
him directly to ftate, though the inference neceffarily flow-
ed from his argument, that in all this he was playing the
part of the ſpy and informer, that he was gradually leading
theſe men into the criminality of a ſcheme of treaſon for
their ruin, and for his own advantage, I aſk you, Gentlemen,
will the utmoſt exertion of mercy on your part admit of
your fwallowing fo incredible a ſtory, or reconciling it to the
active ſhare he had in this bufinefs? If you can do fo, good
God, what opinion are you to form of the man before you,.
who could coolly and deliberately devife fuch an infernal
fcheme, from which human nature revolts with horror: a
Scheme which was calculated to involve innocent, or at leaſt
deluded men, in the moft certain and and dreadful ruin,
Tt &
whofe
£ 3321
whofe lives he was to facrifice to his own fordid views of
advantage! No, Gentlemen; guilty as this man is againf
the life of his Sovereign and the existence of the State, he
neither is nor can be guilty to fuch a horrid extent as this
defence would involve him. When you find him perſever-
ing with his affociates in this confpiracy, long after he had
full opportunities of difcovering it; when you find him,
long after the meaſure of iniquity was full, and the treaſon
of thoſe it is fuppofed he meant to betray, perfectly com,
plete, not only concealing the confultation, which of itſelf
was fufficient for that infamous purpofe, but acting upon it
in every particular, and devifing and executing every ſtep
which could lead to ſerious execution, and inture its being
fucceſsfully carried into effect; I leave it with you to con
fider if you can, like honeft men with the oath of God upon
you, and with juſtice to your country, liften to and believe,
fo abfurd, fo incredible and fo fhocking a defence,
I
Gentlemen, painful and fevere as the task is which the
law and juſtice of your country impotes on you, I know
that if neceffary, you will not fhrink from performing it,
In this, as in every other cafe, you will, in prefence of your
God and your country, return'a verdict according to the
evidence, which, in this caſe is ſo clear and fatisfactory, that
it is impoffible for me to diſcover where you can have the
fmalleft doubt. The reafons for being of that opinion I have
fully laid before you. If on theſe we differ, it is your right
and your duty to acquit him of the charge, and I fhall be
fincerely happy if you can do what, I repeat again, it has
not been in my power, after the moſt anxious and painful
reflection to bring my mind to. But the verdict is yours,
not mine, and for its truth and its juftice you alone are an,
fwerable. Be that verdict what it may, fure I am it will be
that of honeft men; you will do what appears to you con
fiftent with truth and with juftice, you will do that which
will fatisfy your confciences in every future hour of your
life.
!
After
333 ]
.
After the LORD Anvacate had finiſhed, the LORD PRE-
SIDENT then addreffed the Jury as follows:
X GENTLÉMEN OF THE JURY,
IN confequence of an indictment found against this prifon-
er, by the Grand Jury of the county of Edinburgh, upon a
charge of High Treaſon, he now ftands trial for his life ;
and the proofs on both fides being clofed, it remains with
you to confider, and by your verdict to declare whether that
charge has been fufficiently madƐ out againſt him, yea or
not.
. I need fcarcely abferve, that this is a truft of a high and
important nature, which is repofed in you by the laws of
your country, and that of courfe you muft feel yourſelves
bound as honeft men, by every tye of duty and of conſcience, to
difcharge it with ftrict fidelity, by returning a verdict accord-
ing to the truth of the cafe, and the conviction of yourown
minds, without regard to any other confideration whatever.
In order that you may be enabled fo to do, it is neceffary
in the first place, that you have a diſtinct view of the law
of treafon, I mean that branch of it which is connected with
the prefent fubject; and in the next place, that you take
into your moſt deliberate confideration, the whole amount
of the evidence, and every circumftance attending it, whe
ther it be for the prifoner or againſt him.
: With regard to the law of treafon much has been faid,
and with great ability, by the gentlemen at the bar, but as
it could fcarcely be expected that they fhould be at one in
their conclufions, it is my duty to lay a ſtate of it before
you, which I hope will appear to you not to be attended
with much difficulty,
*
It muſt be obvious to you, that the King ftands at the
head of the Conftitution of this Country. The Execu
tive Government is placed entirely in his hands, for the due
execution
T~~
1
[ 334 J
Ľ
xecution of which the Minifters chofen by him are r
fponfible.
The King alſo forms one branch of the legiſlative power,
which you know is compofed of three eftates, King, Lords
and Commons; fo that in more than one capacity, the
King is an effential and integral part of the conſtitution,
without which it could not for a moment exift. Indeed no
part of the fyftem can be difturbed or incroached upon;
without manifeft danger to the whole.
Of late, great pains have been taken to introduce among
as the odious terms and diftinctions of Ariftocrate and Demo-
erate. But, Gentlemen, no good fubject of this country is
either an Ariftocrate or a Democrate; he is both the one and
the other, and a Royaliſt too. Every Britiſh fubject enjoys
the protection of the King's Government as defined by law,
and on the other hand, he owes the duty of allegiance to the
Sovereign as infeparable from his condition; and being the
fubject not of an abfolute monarchy, but of one which is
fimited and circumfcribed by law, his rights, and his liber-
ties, religious and civil, are completely fecured.
You have heard a great deal about another diſtinction,
Some men have affected to call themſelves the Friends of the
People. Friends of the People! Gentlemen, if by that term
is meant that thoſe affuming it are friends of the whole,
that is, friends of the King and of all ranks of men in this
country without exception, then it may be allowed that they
are good fubjects and friends to the conftitution; but why
they affume to themſelves exclufively, a name which ought
equally to belong to every Britiſh ſubject, one is at a lofs to fee:
If on the other hand, their affection be only partial, if they
come with friendſhip in the one hand and daggers in the o-
ther; if they mean to adopt only one part of the conftitu-
tion and to reject another, then may it truly be afferted,
that they are the bittereſt enemies the people of this coun-
try ever faw.
Gentlemen, what a wretched delufion is it that has taken
poffeffion of the minds of many men in this country, whe
fay
【 335 1
fay that they want Liberty, when their own proceedings are
proof of the reverfe, and who think their condition is to be
fome how made better, and their fituation to be amended!
by what? By the deſtruction of Government, by the intro-,
duction of Democracy, and eſtabliſhing a French Conven-
tion in this country, which would be the infallible confe-
quence of their meaſures, were they to take effect.
But, Gentlemen, without going farther upon theſe gene-
ral topics, I now come more cloſely to the point in quef-
tion.
It has been explained to you by the council at the bar,
that the law of treafon which we are to judge and act upon,
is the English law, which was made ours in confequence of
the Union'in 1707; and it furely cannot be a part only of
that law, as thrown out by one of the Gentlemen, but the
whole, which we have adopted; becauſe it is now impoffible
that the law of treafon can in any particular be one thing in
England and another thing in Scotland.
The ftatute of Edward III. like moſt other laws of an an-
cient date, being concife and fhortly expreffed, we muft
have recourfe to the explanations which it has received by a
variety of adjudged cafes, and eminent authorities in the
courſe of four centuries.
Gentlemen, to compaſs the death of the King, if fach
compaffing be manifeſted by any overt act, is by the expreſs
terms of the ſtatute itſelf, High Treafon; but what is or is
not a fufficient overt act, within the intent of the ftatute,
muſt always be open to inference and conftruction, accord-
ing to the circumftances of each cafe as proved; for the
ftatute does not ſay preciſely what is an overt act, but it fays,
to compaſs the death of the King is treaſon, if accompanied
by fome overt act. The mere compaffing or imagining the
death of the King, fo long as it remains an act of the mind
only, cannot be reached by proof, and is not a proper fub-
ject of trial; but if it be manifeſted by a poſitive act, fuch as
confpiring, plotting, forming plans, or providing arms, &c.
thefe
'
I 336 1
thefe are circumſtances capable of proof, and we muft ac-
cordingly enquire into the nature of fuch circumstances, and
fee whether they do or do not amount to that which in thế
conftruction of the ftatute, has been held fufficient as an
overt act, to prove this branch of treafon, although the de-
fign may not have been carried into full effect. The diffe-
rent authorities from the law books have been read to you
from the bar, particularly thofe of Lord' Chief Juftice Hale
and Judge Fofter, upon that part of the law. They a-
mount to this, that fo much care does the law take of the
perfonal fafety of the King, that it is not confined to fuch
attempts as are directly aimed at his life, but is extended to
thofe whereby his perfon may be endangered; and therefore,
fays the laſt of theſe authors, "Every infurrection which
* in judgment of law is intended against the perfon of
"the King, be it to dethrone or imprifon him, or to oblige
« him to alter his meaſures of Government, or to remove
" evil counſellors from about him, thefe rifings all amount
" to a levying war within the ſtatute, whether attended with
* the
the pomp and circumſtances of open war or no´; and eve
at ry confpiracy to levy war for thoſe purpoſes, though noť
* treaſon within the clauſe of levying war, is yet an overt
act within the other claufe of compaffing the King's
• death, for thofe purpoſes cannot be effected by numbers
and open force without manifeft danger to his perſon.
The doctrine is there laid down in plain and intelligible
terms, which apply very cloſely to the prefent cafe, viz.
that a confpiracy to levy war for the purpoſe of compelling
the King to alter his Government, whether there be any
direct intention of killing him or not, amounts to an overt
at of compaffing the King's death, in the fenſe of the ſta-
tute.
It is very true that there may be rifings of the people for
the purpoſe of obtaining redrefs of grievances of a certain
kind, ſuch as to obtain a repeal of particular laws, or for
obtaining other ends of a public nature, which do not, in
the
1
[ 337 ]
the conſtruction of law, amount to an overt act of compaf-
fing the King's death, there being no view to the diſturb-
ance of Government in general, or to bring the King's per-
fon into hazard; which rifings however, if they do take
place, are held as conftructive treafon, on account of their
dangerous tendency, though a bare confpiracy or plan to
effect fuch a rifing, is not held to be an overt act under the
firſt branch of the ftatute. But a confpiracy to riſe in re-
bellious war againſt the King and, his Government, for the
purpoſe of new modelling or altering the frame of the Go-
vernment, which neceffarily includes the King as a part of it,
or to ufurp the powers of Government and Legiflation, which
of courſe muſt ſupercede the authority of the Sovereign, at
leaft during that period; fuch confpiracy, I fay, muſt be
theld as an act of compaffing the King's death, and is High
Treaſon, by the plain fenfe of the ſtatute, and upon every
conſtruction it has ever received; for it goes virtually and
neceffarily to a depofing of the King, by depriving him of
his royal authority and functions, which it is the King's
duty to refift by force of arms, and he is even bound by
his coronation oath fo to do, as he muſt govern by the exiſt-
ing laws and conſtitution of the country; fo that in ſuch a
cafe his life muſt be put into the moſt imminent danger, and
civil war muſt be the confequence. If fuch a deſign is car-
ried into execution, the country is in a ſtate of rebellion,
and the King's perfon and Government directly invaded.
A confpiracy therefore to put the country into that ſtate, muſt
be a treaſonable confpiracy of the most dangerous kind.
1
In the preſent caſe, a number of overt acts are laid in the
indictment, which feem to be of the nature that I have
ſtated, they are divided into no leſs than eighteen different
articles; but I think ſeveral of them may be compreffed in-
to one, and they will appear more fimple, when they are
claffed under fewer heads, fuch as the following:
First, That the prifoner, along with others, confpired,
confulted, and agreed to procure a meeting to be held, un-
der the name of a Convention, for the purpofe of ufurping
$
U a
the
[338 ]
}
I
the powers of government and legiflation, redreffing alled.
ged grievances, and bringing about certain changes.
Secondly, That the prifoner and others did meet, con-
fult, and agree, anout compelling the King, by force of
arms, to alter the meaſures of Government, to introduce
new laws, and to comply with certain demands.
Thirdly, That they coufulted and confpired about fei-
zing the Caſtle of Edinburgh, attacking and ſurpriſing the
King's forces, and taking poffeffion of certain public offices,
and certain perfons in authority.
Fourthly,That he and others, inftigated and excited a
number of perfons to affift in their meafures, employing
one Fairley, to go about as an emiffary, to divers parts of
the country, to collect money and opinions; and that, in
profecution of the fame meaſures, they cauſed pikes, fpears,
and other warlike inftruments to be provided, to enable
them, forcibly to refift the King and his government.
Gentlemen, if theſe acts, or any of them have been pro-
ved against the prifoner, it will then be neceffary for you, to
deliberate upon the effect of fuch proof; but firſt, we are
to examine what evidence has been adduced for fubftantia-
ting the different branches of the charge.
As to the firſt, viz. the project of a Convention, to ufurp
or controul the powers of government and legislation, a
doubt was ftated from the bar, whether it could apply to
the cafe of the prifoner, who was no member of the Con-
vention held at Edinburgh, which was difperfed in Decem-
ber 1793, without being fllowed by any fubfequent Con-
vention. But it has been clearly proved by M'Ewan, Bon-
thron, Fairley, and others, that the prifoner, within a very ſhort
time after the Convention at Edinburgh, called the Britiſh
Convention, was difperfed, became a very active and´zealous
member of a certain committee, or fub committee of the
Friends of the People, called the Committee of Ways and
Means, the object of which was to raiſe money; and Aitchi-
fon, who was one of the members of it, has exprefsly tworn,
that one of the purpofes, to which that money was to be
applied,
[ 339 ]
applied, was "to pay the delegates to a future Convention,
❝ to be held ſomewhere in England." The exiſtence of
different focieties, both in England and Scotland, for the o-
ſtenfible purpoſes of reform, but truly for controlling and
overawing government, fuch as the Correfponding Society
in London, the Friends of the People at Edinburgh, &c.
is clearly inftructed by written evidence, viz. their minutes,
and letters of correspondence, which alſo pretty clearly point
out what their ultimate objects were, and that a more gene-
ral Convention was in view, to conſiſt of delegates from all
the particular focieties, and confequently to act by Reprefen-
tation, and to treat of matters of fate, a priviledge which be-
longs to no other body, except the Commons of England
in Parliament affembled, who, by the nature of the Confti-
tution, are repreſented from the boroughs and counties.——
Delegates, met in a Convention, for public purpoſes, and to
confult upon public meaſures, while we have a King and
Parliament, cannot poffibly exift, without introducing a
new power into the State, paramount to that of Parliament
itſelf, and confequently adverſe to every idea and principle
of the Conſtitution. The circumftance of t..is prifoner's
being a member of the Committee of Ways and Means,
and the active affiftance which he gave in carrying on the
bufineis of that Committee, muft leave in your minds, very
little room to doubt of his acceffion to the project of a new
general Convention. But if you have any doubt of his
guilt, in this particular, it will be your duty to lean to the
favourable fide, and to lay this branch of the charge out of
your view, which, however, will be of no material confe-
quence to the prifoncr, if you are of opinion, that the o-
ther overt acts are fufficiently proved againſt him.
It is ftated, under the fubfequent heads, which, (in view-
ing the evidence,) may be taken together, That they did,
in fact, meet, confult, and agree about compelling the King,
by force of arms, to alter the meaſures of government, to
introduce new laws, and to comply with certain demands,
with a view to which, they alfo confulted and treated about
U u 2
the
!
F 340 T
the neceffary means of carrying their plan into execution;
fuch as feizing the Caftle of Edinburgh, the public
offices, &c.
The proof of theſe facts arifes, chiefly from the evidence
of fome of thofe very men who affifted in the deliberations,
Aitchison is the firft witnefs upon this part of the charge.
He was a little fparing of his words, and he ſeems to have
proceeded with caution. He was told by the prifoner,
that fomething of importance would foon be upon the
carpet; and he alfo heard, out of doors, that fome
fecret bufinefs was to be before the Committee, for which
reaſon, as he acted upon public grounds, he did not chuſe
to attend their meetings any longer."
έσ
་ ་
-The next witnefs, and a very material one, is MEwan,
who was himfelf a member of the Committee of Ways
and Means, and had occafion to be at the meetings of that
Committee, where the prifoner attended. He ftates, that
at one of theſe meetings, confifting of Stock, Downie,
Bonthron, the witnefs himſelf, and the prifoner at the bar,
the priſoner took a paper out of his pocket, which he read;
that it contained a plan for feizing upon the Lord Provoſt
of Edinburgh, and the fudges; that, in order to draw the
foldiers out of the Caftle, a fire was to be lighted at the
Excife Office; that certain perfons were to be ſtationed at
the Weigh-Houſe, and other places, and the foldiers were
to be furrounded by them; that they were to ſeize on the
Excife Office, and Banks, and to demand money of the
bankers. As to the defign of feizing the Caftle, this wit
nefs is filent, but, in ſpeaking of the attack to be made u-
pon the foldiers, when they were drawn out, he fays, he
was told what was to be the mode of doing it, which he
defcribes; and, that the prifoner, after having read this pa-
per, made fome corrections upon it with his pen, which
feems to denote, that he himſelf was the author of it, or
that he had a right to uſe that liberty with it; and he thien
put it up in a prefs, in the room where the company were.
The witneſs goes on to ſtate, that, on another night, in the
:
fame
}
場
​F 34 ]
}
fame houſe, he and Downie being preſent, the priſoner read
another paper, containing a notice, in the form of Procla
mation, (one of the higheſt exerciſes of ſovereign authority)
which was to be made," for the purpoſe of intimating to
"the farmers, to bring all their grain to market, and for
"the gentlemen refiding in the country, not to leave their
❝houſes, or at least not to go more than the diſtance of
“two or three miles from home;" and he adds, that there
was the form of an addrefs to the King, "to difmifs his
"minifters, and put an end to the war with France, for,
that if he did not, he muft abide the confequences, or
that worſe confequences would enfue."
He further ſtates, that the prifoner conducted him to the
fhop of Orrock the finith, with whom he had a converfation
about making pikes: That Orrock drew a model upon the
table, and the prifoner defired him to be bufy about them,
for that he was to fend four thousand of them to Perth, be-
fides what were to be diftributed at Edinburgh. That the
witnefs was in Crrock's fhop, when Lord Swinton's fervant
came in, and obferving one of the pikes, afked what it was,
and Orrock ſaid it was for a Gentleman's gate.
This extraordinary narrative, was given by the witneſs
with great clearness and precifion, and in fuch a manner
as muſt have carried conviction to your minds, of the truth
and candour with which he fpoke, and at the fame time of
the alarm which he was under, he himſelf having expreffed
his diffent to any meaſure by which the blood of his coun-
trymen might be fhed.
I cannot beſtow the fame encomium upon the next wit
pefs, who ſpoke to the fame facts, viz. William Bonthron,
who, after a good deal of hefitation, and with the utmoſt
difficulty, ackowledged that he heard the paper read by
the prifoner, and in fubftance concurred with the preceding
witneſs, as to the tenor of it, with this addition, that he be-
lieved it contained a plan for feizing upon the Caſtle. This
witnefs, in the fame way with M'Ewan, appears to have been
very much alarmed indeed; he fays his confufion was ſuch,
that
}
争
​[ $42 1
that it deprived him of the power of recollection, and he
feems defirous that this fhould account for the manner in
which he gave his evidence. That the witneſs was averfe to
the plan, is evident from the circumſtance of the Advertiſe-´
ment which he drew out and figned, though for reaſops given
by him, he did not actually publiſh it in the new papers.
The next is Fairley, whofe evidence is extremely material,
for you will recollect that he was employed as an ambaſſador
to go to different parts of the country, upon the buſineſs of
the Committee of Ways and Means, with written Inftruc-
tions from them, which he got from the prifoner. He, with
no ſmall reluctance and helitation, gave an account of this
miffion, of the places which he went to, and fome of the
conferences which he had with the perſons to whom he was
directed, particularly at Stirling. That his inftructions bore
fomething about a grand plan, "which might be what the
Co
priſoner had previouſly informed him of," meaning the
plan already mentioned, of feizing the public offices, &c,
which he faid Watt told him might be accompliſhed with-
out bloodſhed, “ as it would be enough to ſpeak to the fol-
"diers, who would be as glad of freedom as the people
"were." He refers alfo to the report which he made to
the Committee of Ways and Means, a paper of a very cu
rious tenor, fome parts of which were read to you. His evi-
dence, fo far as regards what paffed at Stirling, is corrobo-
rated by that of Foreft the furgeon, whofe difficulty in fpeak
ing out was no lefs remarkable.
Gentlemen, this is a concurrence of feveral witneffes, to
the very material circumftances of that plan or project,
which was read and propofed by the prifoner Watt. There
is one thing in Bonthron's evidence which ftruck me at firſt,
as tending to create a doubt whether the paper read by the
prifoner contained any ferious propofition to the effi&t men-
tioned in it, the witness hinfelf affecting to confider it, as
mere phrenzy, or as no more than a chimerical fuggeftion
of what was poſſible to be done in certain circumftances.
But
4
[ 343 ]
But I am afraid there are other parts of the evidence
which leave little room to doubt of the ſeriouſneſs of the
plan. M.Ewan and Fairley fpeak of it as a plan form-
ed, of doing thofe things which the writing fſpecified; and
the procuring of arms for the exprefs purpoſe of making fome
fuch hoftile attempt, which arms were befpoke by the priſoner
himſelf in perfon, as fwore to by Orrock and others, is a cir-
cumſtance which feems to be concluſive upon this head. The
whole, I am afraid, hangs together; the parole and written
proofs all go to one point against the prifoner, and thoſe with
whom he affociated; that they were employed in carrying on
certain meaſures, unquestionably hoftile to the King and Go-
vernment, and calculated for nothing lefs than by forcible
means to overfet the government of this country. The pro-
viding thoſe dangerous weapons which lie on your table,
the myſtery and difguife which appear in fome of their mi-
nutes, and the blanks in Fairley's journal, are fo many cir-
cumſtances of real evidence, which ſpeak a language ftill more
forcible than the direct teſtimony of witneſſes.
With regard to the evidence brought on the part of the
prifoner, founded on his correfpondence with the Lord
Advocate, I confeſs it did not appear to me that it was
very judicious in him to ftate that defence, at leaſt as far
as I could underſtand the refult of it; for though it appears,
that there was at a certain period fuch a correfpondence,
it is equally clear that all communication ceafed when the
Lord Advocate either had become fulpicious of the truth
of his information, or did not chufe to comply with his de-
mands; after which we find the prifoner going, with great
activity and zeal, into the moſt deſtructive and hoſtile
plans. Whether his conduct in this particular was actuated
by refentment, or by what other motive, it is not worth
while to enquire.
Such, Gentlemen, being the amount of the evidence, you
will weigh all the circumftances, and all the obfervations.
which have come either from the Court or from the bar, as
well as thoſe that occur to yourſelves upon the various mat-
ters
}
£ 344 ]
ters which have been proved before you. If it appears to you
that the prifoner and thofe with whom he affociated, have
not entered into any undue combination for effectuating
thofe illegal and defperate purpoſes which are ſpecified in
the indictment, or any of them, it will be your duty to find
a verdict in his favour.
4
But if, on the other hand, you think there is fufficient
evidence of his having been acceffary to, and an active perfon
in forming a moſt dangerous and deftructive plan of raifing
inſurrection in the country, feizing upon the Government
by force of arms, compelling an alteration of meaſures, in
fhort, confpiring to overturn the conftitution, and to in-
volve us in ruin, mifery, and bloodshed, I need not tell
you what your duty is as honeft men, and that you are bound
by the folemn oath which you have taken, to return a verdict
agreeable to the truth.
If the cale be in your opinion doubtful in point of evi
dence, you will naturally be inclined to the merciful fide;
but if it be not doubtful, your own fenfe of duty will dictate
to you the verdict you ought to pronounce.
The Jury then withdrew for about ten minutes, and
brought in their verdict-GUILTY.
APPENDIX.
·
APPENDIX.-No. I.
The following DECLARATION, was put up under a fealed cover,
addrefed on the out-fide to JAMES CLERK, Efq; Sheriff
Depute, Geo. Square.-In the infide of the cover was writ-
ten the following Letter by Robert Watt to him ;-
SIR,
THE inclofed papers, with another parcel, containing
fundry miſcellaneous letters and papers, I commit to you;
requeſting they may be tranſmitted to Principal Baird, and
the Rev. Mr Jones, to do with them as they may find pro-
per. The little emoluments which may ariſe from them, I
am perfuaded they will give to Binning who attended me.
My watch and my clothes, and any little effects I may
leave behind me, I requeſt them to be given to Mr James
Stalker, at Mr Wilfon's, baker in Crofscaufeway, to whom
I owe money per bill; and to whom I gave a difpofition to
thefe and other effects, before my condemnation. I have
the honour to be,
SIR,
Your obed. humble Servant,
(Signed)
ROB. WATT:
Edinburgh Castle,
Oā. 14. 1794.
WE, who are referred to in the above letter, and who
fubſcribe this note, do hereby ATTEST, that the contents of
the following Declaration are tranfcribed verbatim from the
manufcript of Robert Watt, tranfinitted to us by the SHE-
RIFF.
GEO. BAIRD.
T. S. JONES.
Xx
>
DECLARATION, &c.
AS the beſt fervice I can now do to religion, which I have
injured by the unhappy conduct which has brought me to
my preſent unfortunate fituation,—to my Chriſtian acquain-
tances, whom I particularly esteem, and by whofe company
and converfation I have been both improved and comforted;
and to my country, for which I have had more than ordi-
nary attachment, I fhall give a general, but conciſe hiſtory
of the moſt material part of my life;, and diſcloſe fully the
unfortunate circumſtances that have been the cauſe of ter-
minating my life in fuch a melancholy manner, in the
middle of my days.
Having but four days before I am abforbed in eternity, I
hope that what follows will be received as the truth.-In
the view of fuch an awful proſpect, it cannot be fuppofed I
can have any intereſt whatever to conceal it.
No fooner is the foul feparated from the body, than fhe
is difconnected with the purfuits of mortals, and enters an
hitherto unknown fcene, and her powers of perception
and communication are then enlarged, in proportion to the
fublimity and grandeur of the objects exhibited to her view.
With aftoniſhment and prying curiofity, the travels over
the vaſt expanſe of the heavenly Jerufalem, collecting from
the moſt ancient and intelligent of its inhabitants, every in-
formation they can communicate of the myfteries of Pro-
vidence and redemption, while fhe feems, as her knowledge
increaſes, to rife in her accent of praife.
I was influenced by religion when very young. A reflec-
tive diſcovery of the goodness of God, in his interpofition
3
when
[ 347 ]
when in very imminent dangers, and of my ingratitude (T
exceeded my companions in youthful follies, but could never
bear ſwearing,) firſt led me to cry for mercy. My convicti-
ons were exceedingly ftrong; fo that I would in the fpace
of two hours be three or four times at prayer, drowned in
penitential tears. I have always found, that my penitential
joy was in proportion to my contrition for fin. For a long
fpace of time, I was not a day (if I remember right) with-
out affurance of a faving intereft in Chriſt; and, at times,
my feelings and views were more like an heavenly, than an
earthly inhabitant. On fuch occafions, I had inexpreffible
diſcoveries of the infinitude and holiness of God, and of my
own vilenefs. I wondered, admired, adored, lamented, and
rejoiced at one and the fame time.
No fooner did my convictions take place, than I was, as
it were, compelled to allot fome particular hours every day
to reading the Scriptures, meditation, felf-examination, and
prayer. Thefe hours I found to be the life of my foul. I
learned, from experience, that faith must be the gift of God.
That I could as foon take up my perfonal refidence in the
fun, as truly believe in Chrift, or fix my heart on him in
the exercife of faith. This unbelief and treachery of heart
drew tears of forrow from my eyes.
Though my pleaſure in religion was great, my grief from
Satanical fuggeftions and a depraved nature was alfo fo. I
was ftrongly tempted to deſpair and fuicide; but He who
keepeth Ifrael preferved me amidst thefe ftorms.
Religion did no fooner operate on my mind, than I hated
the ways of fin, and the company of the profane; and
fought, according to my then knowledge, the company of
the wife and good. Though my pleafure was particularly
in devotional exerciſes, and in fuch company; yet I ſpent a
great part of my time, in boyiſh purſuits and pleaſures, with
my fchool-companions; but in thefe, my devotional frame
of mind never left me,-and how foon I came home, I re-
tired by myſelf, and wept over my vanity of conduct.
Even in fchool, the thought of my crucifying the Lord
X X 2
of
1
}
₤ 348 ]
of Glory by fin, often bathed my eyes in tears, and impell-
ed me to pray with my head leaning on a table.The fenfe
of his love, and the injury done him, produced in me a
zeal for the falvation of others-to fuch a degree, that I e-
ſtabliſhed the worship of God in fome families I lodged
with, who never had it before. I was often furpriſed to fee.
the fame effects not produced on the minds of others in
reading the fcriptures, &c. as on myfelf. But this arofe
from my ignorance of the fovereignty of God.
?
As I advanced in knowledge, my high enjoyments were
the lefs frequent; and the inftability of my mind in exer-
cifes of devotion became more and more perceptible.-
Thefe foul exercifes, lefs or more, have continued with me
amidſt grievous provocations, and fore backflidings.
I fall now proceed to ſtate the caufes of my backflidings,
fo far as I can trace them.
;
A referved difpofition, founded on pride, feems to have
been my conftitutional fin-In my earlieſt youth it difcover-
ed itſelf, by taking pleaſure in vexing my guardians when
they croffed my inclination. I was fo much under the in-
fluence of this bafe paffion, that more than once I gave
them the greateſt alarm and vexation of mind, by conceal-
ing myſelf, and previously faying that I would put an end
life by perſonal violence; and enduring fore perfonal
chaftifement without difclofing any fecret intrufted to me.
Sometime after I knew the grace of God, this paffion
diſappeared; yet it was not deftroyed-but manifefted itfelf
in oppofition to the inclination of my friends to ſend me
abroad.
to my
ร
My friends propofed to fend me either to the Eaft or
Weſt Indies, but refufing to comply on the ground of a
weak conftitution; but the true motive with myſelf was
a fear of not enjoying the means of Grace.-After which
they propofed to fend me to London; but not executing
this propofal in the time I wifhed (though their delay un-
doubtedly proceeded from the beft of motives,) I refolved
to act independently of them. Accordingly, I came to
Edinburgla
་
[349]
Edinburgh in the year 1786, where I remained for a con-
fiderable time without their knowledge, and got into bufi-
nefs without their affiftance.-So far was my vanity gratifi
ed.
•
Here I digrefs, and I beg leave to obferve, though per-
haps it may be unneceffary; That parents or guardians
fhould be particularly careful to ſtudy the ruling paffions of
young perfons under their charge; and, fhould they be
te
fuch as tend to hurt their morals or blind their beſt judge-
ment, to correct them by timely, proper, and wholeſome in-
ſtruction. -But above all things, they fhould ftudy to learn
the inclination of their mind as to buſineſs, and to put them
carly to it. - Becauſe this will give a full fcope to the young
hind in the purfuit of fortune, in a way confiftent with his
profeffion; whereas when not put early to bufinefs, they
are apt to feek after her by indirect methods.
After I began bufinefs on my own account, I adopted e-
very method that my ingenuity could fuggeft, to arrive at
fome eminence in fociety.
}
For one, I ftudied the difpofitions and ruling paffions of
individuals; and, not having the gift of ſpeech equal with
others, I fpoke but little when in company, left I fhould
either ſpeak improperly, or hurt the feelings of another by
interruption.
From what I have faid, the reader will eafily diſcern the
following paffions to have born rule in my conduct, viz.
Pride and Ambition.
Pride is the fruitful mother of all the other irregular paf-
frons, It was the origin of rebellion in heaven, and the
thunderbolt that hurried Satan into the bottomlefs Pit; and
ftript innocent Adam of his original purity. Ever fince, it
more or leſs holds a place in every human breaft.
It is capable of affuming various forms.-At times it af
fumes the garb of humility, rigidity, and moderation.—But
none can trace its various evolutions fo well, or diſcover its
malignity, as the fincere Chriftian.-It may poffibly keep
him company in all his devotional exercifes; and, even un-
der
1
+
[ 350 ]
der the fpecicus pretext of humility, may be apt to drive,
him from God, as judging himſelf unworthy of eternal
life.
But its influence over me was remarkable.-I could not
brook the idea to be indebted to any perfon for advice, even
in difficult and doubtful cafes. I therefore very feldom con-
fulted any perfon, though many confulted me.-Had I act-
ed the prudent part, I fhould have confulted intelligent and
difintereſted men, previouſly chofen.-The friendship and
eſteem of fome fuch I have had the honour to enjoy.
Ambition.-Though this paffion be the offspring of
Pride, it is to be no lefs watched againſt than its fource.-It
blinds our best judgment by the appearance of utility, and is
apt to drive to acts of injuſtice in the purſuit of the wiſhed
for object; while it is but a diftruſting of, and a contend-
ing against divine Providence.-Influenced by this bafe paf-
Hon, under the femblance of utility, I was induced to carry
on a fecret correfpondence with Mr Dundas and the Lord
Advocate.
This conduct, I confefs, was altogether inconfiftent with
the fpirit and defign of Chriſtianity, which requires the
moſt unbounded fimplicity, integrity, and love to my fellow
creatures.
My first connection with the Friends of the People was
in the year 1791, or 1792.-I feveral times attended the
Committee which met in Mather's tavern; but would ne-
ver ſubſcribe my name, though repeatedly required to do it.
This was the era of my correfpondence with Mr Dundas.
Two reafons induced me to this unhappy conduct.—One, a
love of the peace of fociety.-I apprehended, that if they
were permitted to continue their meetings, the public tran-
quillity would be interrupted. This opinion was founded
on my ignorance of the many abufes in the adminiftrative,
the offspring of corruption in the legislative branch of
Government.-For when the legislative becomes more cor-
rupted than the executive, there is an end of true liberty.-
And that the people had a right to meet and deliberate on,
and
.
[ 351 ]
and to obtain a redrefs of grievances. The other reafon, to
obtain Mr Dundas's favour, that I might the fooner arrive
at that ſtation in fociety to which my views were directed.
Some may imagine that I had perfonal hatred at fome of
the Friends of the People, but this was by no means the
cafe.
Mr Dundas wifhed me to correfpond with the Lord Ad-
vocate, and accordingly recommended me to him-My cor-
refpondence with him continued to Auguft or September
1793, when it was diſcontinued.
My mind being then changed in favour of Reform, I enter-
ed into the Committees of Union and Ways and Means,* in
order to co-operate with them to the obtaining of a Re
form. Naturally ambitious and enterpriſing, I was foon the
leader of thefe Committees. By my advice, the Commit-
tee of Ways and Means, or Secret Committee, was formed;
and its regulations drawn up by me.-Theſe regulations
contained alfo directions to the Primary Societies, and to the
Committee of Union.-The Circular Letter, though com-
pofed by Mr Stoke, was adviſed by me.-And though the
Addrefs to the Fencibles was not moved by me, I heartily
approved of it.-All theſe papers I got printed; and the
whole impreffion was difperfed, but the Addrefs to the Fen-
cibles, of which I knew nothing, after printed.
My plans, I doubt not, would, when ripe for execution,
be effectual.-Bloodfhed was what I abhorred from the bot-
tom of my foul; they therefore guarded againſt that evil as
much as may be. I fhall here narrate them. Other perfons,
as Archibald Wright, weaver in Edinburgh, and Craig,
Perth, befides John Fairley, were fent at different times
through the country, to found the public mind, and to give
inftructions. The intelligence brought me, from time to
by theſe perfons, from every quarter of the kingdom, was
more and more favourable. All their inſtructions were deli-
vered by myſelf.—But fuch as I knew I could fully confide in,
Of the Friends of the People,
their
}
1
I 352
352 1
their inftructions went farther than thofe of others. In
deed, at the time I was apprehended, there were but very
few places that information was not received from; and
there remained almoſt nothing to do, for the execution of
the whole, but a vifit to England and Ireland, by intelligent
and confidential perfons.
The firſt movement was intended to be made in Edin-
burgh, London, and Dublin; while every town throughout
the kingdoms were in readinefs to act, according to the
plan, on the very firſt notice, which was to be given by
couriers diſpatched by exprefs.
The nature of the plan was this
body of men, to the
number of four or five thouſand, were to be affembled in a
place to be fixed on. Theſe were to be armed with pikes,
guns, grenades; to be properly divided, with proper lead-
ers. In regard to Edinburgh, thefe were to be placed at
the Gaelic Chapel, head of the Weft Bow, Tolbooth, or
head of the High Street, that when the Caſtle foldiers
came out, they might be furrounded. In order to prevent
bloodſhed, means were to be uſed to gain as many of the
foldiers as poffible over to their fide. The regiment was to
be enticed out by companies. But, previous to this, the
Magiftrates, Lords of Jufticiary, Commander in Chief, and
many others in town to be ſelected, were to be apprehends
ed; but to be treated, in every reſpect, becoming their ſta
tion in life, and detained till the mind of the enfuing Con
vention, or rather Parliament, was known. There was no
intention whatever to put any to death; but if found guilty
of oppreffion and injuftice to the patriots, to fhare a fimilar
fate with them, vis. tranſportation.
The manner in which the foldiers were to be induced to
leave the Caſtle was by means of a letter, either figned by
the Lord Provoft or Commander in Chief, previoufly in
cuſtody, ordering the Commandant to fend a company,
without any ammunition, to a fire that was to be kindled in
St. Andrew's Square, under the pretence of its being a
boufe on fire; and the faid company to be fecured and dif-
armed
`E 353 T
Armed in the meantime. The most of the remainder to bè
drawn out in the fame manner, by means of fires kindled
in fucceffion in other quarters of the city.
But in caſe they either could not be drawn out of the
Caſtle, or had obtained information of what was a‐doing,
they were to be compelled to ſurrender, by being deprived
of victuals the incarceration of the Commander in Chief,
and the influence of party among themfelves favouring the
plan.
The Public-offices and the Banks were to be fecured, by
placing proper perfons as centinels over them, till the pro-
prietors and managers appeared next morning. The fame
were to be confulted with by qualified perfons, to be pre-
viouſly chofen. The property of fuch perfons, either re-
fiding in town or country, deemed inimical to liberty, in
the hands of Bankers, was to be fealed up, but what was
neceffary for their maintenance, till their fate was known.
The Poft-office was to be taken poffeffion of; as thereby
all intercourſe would be cut off between ſuch as were hoſtile
to the patriots, while the channel of communication was
left open for them.
After theſe things were effected in Edinburgh, London,
and Dublin, in one and the fame night; and which was
expected to be accompliſhed about fix or feven o'clock in
the morning,-couriers were immediately to be diſpatched
throughout the whole nation, to the leaders in other parts;
while troops were to be marched from places to be fixed on,
that could ſpare them to the affiftance of fuch as would be
deemed neceffary. No fooner was the plan executed in
the three Metropoliffes, than proclamations, previously pre-
pared, were to be iffued to the landholders, and officer's
under government, as did not cordially unite with the pa-
triots in their views and deſigns, not to go above three miles
beyond their dwelling-places, under pain of death;-to
farmers, not to conceal or export any grain ;-to fhip-maf
ters, not to carry any perſon coaft-ways, without giving in-
timation of the fame; place come from, and where going
+
4
Y y
to,
+
C. 354 I
to, of fuch perfon or perfons, within a reaſonable time af
ter fuch intimation was given, to the nearest Justice of
Peace, that the fame might be called to an examination,
under a fimilar penalty to fuch perfons as were authorif
ed to levy men, to deliver up their commiffions and men
to perfons to be nominated, under the fame penalty.
There was preparing an addrefs to be made to the King
at the fame time, confifting of a long catalogue of abuſes,
both in the Legislative and Executive branches of Govern-
anent; and requeſting of him the difmiffal of his prefent
fervants, and a diffolution of Parliament, the fame to be
replaced by men in whom the people could confide.
With regard to the pikes, I got them made both for
fale and diftribution. I do not at prefent recollect what
inftructions I might have given at the making of them.
Whatever thefe inftructions were, I am certain that none
had were ever diſtributed *
There was no perfon concerned in theſe things but the
Com. of W. and M.-Becauſe I was morally certain, from
the afpect of affairs, that how foon the operations were
commenced, perfons in the various ranks of fociety would
carry it on, have therefore no new diſcoveries to make.
I can judge of my intentions from my feelings, my views
were the good of fociety, and not robbery or murder. I
will not fay but my own interest was blended in thefe views;
for who is he, that if he ferves fociety, but will naturally
expect a reward? But divine Providence has been pleaſed
to permit me to be brought into circumstances of mifery
and woe I hope they have been the beſt reward that could
be conferred on me. I however patiently, and I hope
thankfully, accept of theſe as coming from God, not only
as the Sovereign difpofer of all events, but as my merciful
Redeemer.
•
·In
* The pikes were found in my houfe, when the Sheriff's
Officers were in fearch of the goods of a bankrupt in Muffel
burgh, fent to my houfe, about an eight days before, under
the pretence of their being to be forwarded to Glasgow.
£ 355 T
In reflection, I fee that although my intentions were
good, and probable evils endeavoured to be guarded a
gainft, yet circumftances might have proved fuch, as would
have caufed me to repent my having gone fo far, although
my perſon were fafe, which I fincerely do this day.
Though the part I acted proceeded from the beſt of mo-
tives; yet, on reflection, I perceive that I erred in taking
fuch an active part, without maturely weighing the proba-
ble confequences; bloodfhed and rapine might have enfued.
This would have involved me in guilt; being fomewhat
acceffory to them, though not intentionally fo.
The duty of all fincere chriftians is," to lead quiet and
"peaceable lives in all godlinefs and honefty, giving ho-
nour to whom honour is due, and fear to whom fear."
To leave the reformation of abufes in the State to thoſe
who mindonly earthly things, except when called to affitt in a
legal manner. At the throne of grace they may be of
more real utility, than either in the Cabinet or field of
battle.
Had my life been prolonged, I think this would have
been my mode of conduct. And I blefs God for timely
preventing me going the perhaps awful length my ambi-
tious and enterpriſing mind might have induced me.
I have given no private offence that I know of. Indeed,
my fympathifing mind, though compounded of pride and
ambition, would foon relent. I may truly fay, if I know
my own deceitful heart, that fympathy to the unfortunate
was one cauſe of my adopting the part that has brought me
to my preſent fate. Reflection on the hardships of others
has often brought tears of fympathy from my eyes. Nor
have I borrowed money, nor purchafed goods, but with
the moſt upright intentions. For the fatisfaction of my
creditors, I will obferve, that I had views of being able to,
pay what I had either borrowed or purchafed, had I lived
altogether diſconnected with the matter that has brought
me to my prefent unfortunate fituation; but in this fitua
Y y 2
tion
蠱
​[356]
}
tion it would be improper to mention what thefe views
were.
Though I have always kept up the worſhip of God, at
ſtated times, both in the cloſet and family, and had honeſt
intentions towards my creditors, yet I am convinced, that
my departures from God have been very great; and that,
in the glafs of his holy law, they are innumerable and highly
aggravated. And efpecially the crime for which I am a-
bout to fuffer, as viewed in its probable confequences. I
humbly hope, that the Spirit of God has given me a faving
difcovery of my fins; and that in the fpirit of genuine con-
trition, I am led to the precious blood of fprinkling.
In the foregoing narrative, if any article appears imper-
fect or obfcure, I hope the imperfection or obfcurity will
be ascribed to the urgent preffure of the occafion on which
this paper is written. It is a firft copy; and, alas! there
is not now time to revife or correct. Of the minutes of -
life that yet remain to me, even the writing of this fentence
has confumed one. But you who now read or hear of thiş -
account, remember as you read, that the period is coming
when death (fhall be as near to you as it is to me; and, be
affured, you will find that a period when you will fhrink
with horror from the idea of duplicity or deception. With
candour then confider this folemn declaration of a dying
man. Nor let prejudices, which appearances have produ
ced against me, lead you to fuppofe, that, on the brink of
eternity, with the throne of judgment in my view, I darę
to approach the Omnipotent with a lie in my right hand.
Thoſe who, in an official character, began and managed
my profecution, I freely forgive.
Forgive me, my fellow Chriftians, for the reproach
thrown by my conduct on Religion.
My prayer to God is, That he may infpire all the people
with a fpirit of fubordination and loyalty; and teach them
to lead, under the powers that be, quiet and peaceable lives,
in godliness and honefty.
O God! foon fhall my body be given to the duſt, and
my
2
1
E 357 ]
my foul will afcend to thee.-Thou knoweft my fincerity in
the narrative I have given; thou feeſt my forrow for all my
fins-Hear me gracioufly;-And, for the fake of the Lord
Jefus Chrift, receive my foul to everlafting Glory. Amen.
This is truth, and the whole truth, as far as I recollect, I
declare as a dying man.
Tueſday Evening, Oct. 14th, 2
about 8 o'clock at night, 1794. S
(Signed) ROBT. Watt.
In regard of fending Pikes to Perth, to the beft of my
recollection, I talked with Craig about them, and that he
told me they ſhould be fent fecretly; but I cannot fay to
what number, nor to whom.
Note. Although WATT, foon after his condemnation, pro-
miſed the Clergymen who vifited him, to write a confeffion of
his crimes, he delayed the commencement of it till within
eight or nine days of his death.-On the Wedneſday before
that event, he had written one ſheet; this, it is fuppofed, he
deſtroyed, as it was not among the papers he left behind him;
Hitherto he appeared eafy in his mind: but on the Friday,
Saturday, and Lord's Day, much agitated--On this laſt day
he again began to write, but advanced no further than the ac-
count he has given of his childhood, &c.—By what he ſaid
afterwards, it is plain, his hefitation arofe from the vain hope
of a reprieve. On Monday morning he again appeared calm,
and in good ſpirits; and faid he had at laſt determined to de-
çlare all he knew, and employed the morning of that day in
writing what is now given to the public. In the evening, the
order for his execution was officially intimated to him.-On
Tueſday he continued writing; and in the evening, between
feven and eight o'clock, finifhed and fubfcribed the paper now
published,
2
44
C 358 ]
publiſhed, and put it under a cover to the Sheriff.-On Wedg
neſday, 15th October, he was executed. The paper was feal-
ed up in Watt's prefence, together with another parcel, con-
taining the letters he received whilſt in priſon, and other pa-
pers of no importance.-Both parcels were by Watt himſelf
addreffed to the Sheriff, and delivered to the Commanding
Officer of the Caſtle, who fent them to the Sheriff on the
Tueſday evening, agreeable to Watt's own particular request,
No. II.
COMMISSION OF OYER AND TERMINER,
G
EORGE the Third, by the Grace of God, King of
Great Britain, France, and Ireland, Defender of the
Faith, &c. To our Right Trufty and Right well beloved
Coufin and Counfellor David Earl of Mansfield, our Juftice
General, of that part of our kingdom of Great Britain call-
ed Scotland, or our Juftice General for the time being,
Ilay Campbell, Efq. of Succoth, Prefident of our College of
Juſtice, or the Preſident of our College of Justice for the
time being, James Erfkine, Eſq. of Alva, Senior Senator of
our faid College of Juſtice, Robert Macqueen, Efq. of Brax-
field, our Justice-Clerk, or our Juftice-Clerk for the time
being, Alexander Murray, Eſq. of Henderland, David Rae,
Efq. of Efkgrove, John Swinton, Efq. of Swinton, Sir
William Nairn, of Dunfinnan, Baronet, and Alexander A-
bercromby, Efq. of Abercromby, Commiffioners of Jufticiary;
James Montgomery, Efq. of Stanhope, Chief Baron of our
Court of Exchequer, in the aforefaid part of our kingdom
aforefaid, or our Chief Baron of our Court of Exchequer
aforefaid, for the time being, and Fletcher Norton, Efq.
Senior Baron of our faid Court of Exchequer, Greeting.
KNOW YE, that we, by virtue, and according to the form of
the Statute, made in the feventh year of the Reign of our
Royal Predeceffor, Anne, late Queen of Great Britain, &c.
Intituled (An Act for improving the Union of the two king-
doms,}
i
35.9
1
doms,) have affigned you, and any three or more of you,
fof whom we will that any of you the faid David Earl of
Mansfield, or our Juftice General for the time being. Ilay
Campbell, or our Prefident of our College of Justice for the
time being, Robert Macqueen, or our Juftice Clerk for the
time being, Alexander Murray and David Rae ſhall be one)
our Juftices, to enquire by the oath of good and lawful men
of our fhire or county of Edinburgh, in that part of Great
Britain, called Scotland; and by other ways, means, and
methods by which you fhall or may better know, (as well
within liberties as without,) by whom the truth of the mat-
ter may be better known and enquired into of all High Trea-
fons and mifprifions of High Treafons within the fhire or
county aforefaid, as well within liberties as without, by
whomfoever, and in what manner foever, and by whom,
when, how, and after what manner done, committed, or
perpetrated; and of all other articles and circumſtances con-
cerning the premifes, and every of them or any of them in any
manner whatfoever; and the fame High Treafons and mif-
prifions of High Treafons, according to the form of the afore-
faid Statute, to hear and determine. And therefore we
command you, that at a certain day and place within the
faid fhire or county, which you or any three or more of
you, (of whom we will, that any of you the aforefaid David
Earl of Mansfield, or our Juftice-General for the time be-
ing, Ilay Campbell, or our Prefident of our College of
Juftice for the time being, Robert Macqueen, or our Juftice-
Clerk for the time being, Alexander Murray and David
Rae fhall be one,) ſhall appoint for that purpoſe, you meet
together, and diligently make enquiries about the premiſes,
and hear and determine all and fingular the faid premiſes,
and do and fulfill them, doing therein what to juſtice ap-
pertains, faving to us the amerciaments and other things
from thence to us accruing; for, we firmly command all
and fingular, Sheriffs Officers, Minifters, and our Subjects,
by virtue of theſe preſents, that they be attending advifing,
aiding, and affiſting to you in the execution of the premiſes
as
£
360 1
as it becomes them. We command alſo by virtue of thefe
prefents, the Sheriff of our fhire or county aforefaid, that
at a certain day and place which you, or any three or more
of you, (of whom any of you the aforefaid David Earl of
Mansfield, or our Juftice-General for the time being, Ilay
Campbell, or our Prefident of our College of Juftice for
the time being, Robert Macqueen, or our Justice-Clerk for the
time being, Alexander Murray and David Rae ſhall be one;)
ſhall make known to him, he cauſe to come before you, or
any three or more of you, (of whom we will that any of you,
the aforefaid David Earl of Mansfield, or our Juftice-Gene
ral for the time being, Ilay Campbell, or our Preſident of
our College of Juftice for the time being, Robert Macqueen,
or our Juſtice-Clerk for the time being, Alexander Murray
and David Rae fhall be one,) fo many and fuch good and
lawful men of our faid fhire or county of Edinburgh, (ás
well within the liberties as without,) by whom the truth
of the matter in the premiſes may be better known and en-
quired into. In witnefs whereof, we have caufed thefe our
letters to be made patent. Witnefs ourſelf, at Weſtminſter,
the twenty-fourth day of July, in the thirty-fourth year of
our reign.
By the KING himſelf,
YORK E;
No III
PRECEPT FOR THE GRAND JURY.
EDINBURGH, (to wit) Alexander Murray, Efquire, of
Henderland, David Rae, Esquire, of Eſkgrove, John Şwin-
ton, Efquire, of Swinton, Sir William Nairn, Baronet, and
Alexander Abercromby, Efquire, of Abercromby, Commif-
fioners of our Lord the King, of Jufticiary, in that part of
the
[ 361 ]
the Kingdom of Great Britain, called Scotland, Juftices of
our faid Lord the King, affigned by Letters Patent of our
faid Lord the King, under the Great Seal of Great Britain,
made by virtue of, and according to the form of the Statute,
made in the feventh year of the reign of the Lady Anne,
late Queen of Great Britain, &c. intituled, an Act for Im-
proving the Union of the two Kingdoms; To Us and o-
thers, in the fame Letters Patent, named, and to any three
or more of us and them directed, (of whom our faid Lord
the King willed that one of us, the faid Alexander Murray,
and David Rae, fhould be one,) to enquire, by the oath of
good and lawful men, of the county of Edinburgh, in that
part of Great Britain called Scotland, and by other ways,
means, and methods, by which we and others, our fellows
Juſtices aforefaid, fhall, or may better know, as well within
liberties as without, by whom the truth of the matter may
be the better known, and inquired into, of all High Trea-
fons, and Mifprifions of High Treaſons, within the county
aforefaid, as well within liberties, as without, by whomſo-
ever, and in what manner foever, and by whom, when, how,
and after what manner done, committed, or perpetrated, and
of all o:her articles and circumftances concerning the premi-
fes, and every of them, or any of them, in any manner
whatſoever; and the fame High Treafons, and Mifprifions
of High Treafons, according to the form of the aforesaid
Statute, to hear and determine: To the Sheriff of Edin-
burgh, Greeting; We, on the behalf of our faid Lord the
King, do command you, firmly enjoining you, that you do
not omit, by reaſon of any liberty in your Bailiwick, but,
that you caufe to come before us, and others, our fellows
Juftices aforefaid, in the faid Letters Patent named and af
figned, or before any three or more of us and them, (of
whom our faid Lord the King willed, that one of us, the
faid Alexander Murray, and David Rae, fhould be one,) at
the town and city of Edinburgh, in your faid county, on
Thurſday, the fourteenth day of Auguft next, twenty four
good and lawful men of your faid Bailiwick, to enquire,
prefent,
+
Z z
[362]
prefent, do and execute, all and fingular thofe things
with which they fhall be then and there charged and en-
joined: And, that you give notice, to all Juftices of the
Peace, and Chief Conftables in your faid county, that they
be then and there, in their proper perfons, to do, whatfo-
ever to their reſpective offices, in this behalf appertain to
be done: And, that you yourself, together with your mini-
fters and officers be on the fame day, at the place aforefaid,
in your proper perfons, to do and execute thoſe things,
which to your office, in this behalf, appertain to be done:
And that you have, then there, the names of the faid
Jurors, Juftices of the Peace, and Chief Conftables; and
alfo this Precept. Given under our hands and feals, at
Edinburgh, this twenty-ninth day of July, in the thirty-·
fourth year of the reign of our Sovereign Lord, George the
Third, now King of Great Britain, France, and Ireland,
Defender of the Faith, and fo forth.
Alex. Murray, (S. L.) WM. NAIrne, (S. L.)
DAV. RAE,
S. L.) ALEX. ABERCROMBY, (S. L.)
JOHN SWINTON, (S. L.)
1
No. IV.
PRECEPT FOR THE PETIT JURÝ.
EDINBURGH, (to wit) Robert Macqueen, Efq. Juftice
Clerk of our Lord the King, David Rae, Efq. of Eſk-
grove, John Swinton, Efq. of Swinton, Sir William Nairne
of Dunfinnan, Baronet, Alexander Abercromby, Efq. of
Abercromby, Commiffioners of Jufticiary of our faid Lord
the King, and Fletcher Norton, Efq. Senior Baron of our
faid Lord the King, of his Court of Exchequer, in that part
of Great Britain called Scotland, Juftices of our faid Lord
the King, affigned by Letters patent of our faid Lord the
King, under the Great Seal of Great Britain, made by vir-
tue of, and according to the form of the ftatute, made in
the
t
(363)
the feventh year of the reign of the Lady Anne, late Queen
of Great Britain, &c, intituled, an Act for improving the
Union of the two kingdoms, to us and others our fellows
juſtices of our faid Lord the King, in the ſaid letters patent
named, and to any three or more of us and them made and
directed, (of whom our faid Lord the King willed that one
of us, the faid Robert Macqueen and David Rae, amongſt
others in the faid letters patent named fhould be one) to en-
quire by the oath of good and lawful men of the County
Edinburgh, in that part of Great Britain, called Scotland, and
by other ways, means and methods, by which we and others
our fellows juftices aforefaid, fhould or might better know as
well within liberties as without) by whom the truth of the
matter may be the better known and enquired into, of all
High Treafons and mifprifions of High Trea ons with-
in the county aforeſaid (as well within liberties as without)
by whomfoever, and in what manner foever, and by whom,
when, how, and after what manner done, committed or
perpetrated, and of all other articles and circumſtances con-
cerning the premiſes, and every of them, or any of them in
any manner whatſoever; and the fame High Treafons and
mifprifions of High Treafons, according to the form of
the aforesaid ftatute, to hear and determine; To the She-
riff of the faid County of Edinburgh, Greeting; We, on the
behalf of our faid Lord the King, Command you, that you
do not omit, by reafon of any liberty in your Bailwick, but
that you cauſe to come before us and others our fellows juf-
tices aforefaid, in the faid letters patent named and af
figned, or before any three or more of us and them, (of
whom our faid Lord the King willed, that one of us the faid
Robert Macqueen and David Rae, amongst others in the
faid letters patent named, fhould be one) at the Town and
City of Edinburgh, in your faid County, on Wedneſday the
third day of September next, twelve good and lawful men
of the neighbourhood of the parish of St Giles, in your faid
county, every one of whom muſt have lands and tenements
within your faid county of the yearly value of Forty Shil-
I
lings,
(364)
lings Sterling at leaft, by whom the truth of the matter
may be the better known and enquired into, and who are
not of kin to Kobert Watt, late of the ſaid pariſh of St Giles,
in your faid county, wine merchant, to try upon their oath,
whether the faid Robert Watt be guilty of a certain High
Treaſon, whereof before us, and others our fellows juftices
aforefaid, he ftands indicted or not, becauſe the faid Robert
Watt hath put himſelf upon that jury, and have you then
there the names of the faid jurors, and this precept. Given
under our hands and feals at Edinburgh aforefaid, this
twenty-feventh day of Auguſt, in the thirty-fourth year of
the reign of our Sovereign Lord George the Third, by the
Grace of God, King of Great Britain, France and Ireland,
defender of the faith, and fo forth.
ROB. MACQUEEN, (S. L.) ALEX. ABERCROMBY, (S. L.)
DAVID RAE, (S. L.) WILLIAM NAIRNE, (S. L.)
JOHN SWINTON, (S. L.)
FLETCHER NORTON, (S.L)
DO NOT CIRCULATE
UNIVERSITY OF MICHIGAN
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