GIFT OF 
 Deborah King 
 
 

 
 University of California Berkeley 
 

 fRJAl 
 
 MAURICE MARGAROT. 
 
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THE TRIAL 
 
 O F 
 
 MAURICE MARGAROT, 
 
 BEFORE THE 
 
 HIGH COURT OF JUSTICIARY, 
 
 AT EDINBURGH, 
 
 On the I3th and i4th of January, 1794* 
 
 ON AN 
 
 INDICTMENT 
 
 FOR. 
 
 SEDITIOUS PPvACTICES. 
 
 TAKEN IN SHORrHAND 
 
 BY MR. RAMSEY. 
 
 LONDON: PRINTED. NEW TORK: RE-PRINTED, 
 
 BY JAMES CAREY, No. 91, BROAD- STREET. 
 
INDICTMENT. 
 
 VJTEORGE, frc. FORASMUCHAS it is humbly meant and 
 complained to us, by our right trnlty ROBERT DUNDAS, Efq. 
 of ArniuVon, our Advocate, for our intereft upon MAURICE 
 MARGAROT, merchant in Marybon, London, No. 10, High- 
 ftreet, refiding or lately residing, at the Black Full Inn, head of 
 Leith Walk, parifh of St. Cuthbert's, and County oPEd in burgh : 
 THAT WHEREAS, by the laws of this, and of every well governed 
 realm, SEDITION is a crime of an heinous nature, and fever ely 
 punifnahle, YET TRUE IT is, AND OF VERITY, That the fame 
 Maurice Margaret has prefumed to commit, and is guilty avftor, 
 or art and part of faid crime : IN so FAR AS, the faid Maurice 
 Margarot having been named a delegate by an aflbciarion of fe- 
 ditious people, calling themfelves the Correfponding Society of 
 London, did repair to Edinburgh with the wicked and felonious 
 purpofe of joining and co-operating with an illegal aflbciation of 
 evil difpofed and feditious perfons, who originally defigned 
 themfelves, The General Convention of the friends of the peo- 
 ple ; but who have of late aflumed the defignation of " the Bri- 
 t'rjh CoN-jention of the delegates of the people, affe dated to obtain 
 " urn? erf at fit ffr age and annual parliaments ;" and which illegal 
 aflbciation, under the names and defignations above mentioned, 
 have been in the practice, during the months of October and 
 November lait, as well as in the beginning of the prefent month 
 of December, i 793, of hold ing various feditious and illegal meet- 
 ings at a Mafon's lod^e, or room in Black-fryars wynd, in the 
 city of Edinburgh, and elfcwhere, to the public profecutor un- 
 known ; and which meetings, though held under pretence of 
 procuring a reform in parliament, were evidently of a dange- 
 rous and dtftructive tendency, with a deliberate and determined 
 intention, to difturb the peace of the community, and to fubvert 
 the prefent conftitntion of the country : with which view they 
 imitated, both in the form and tenor of their proceedings, that 
 Convention of people, the avowed enemies of this country, who 
 at prefent ufurp the government of France, and with whom 
 Great-Britain tUen was and flill is at war : That the iaid Mau- 
 
 rice 
 
( 4 ) 
 
 rice Margaret, from his arrival in Edinburgh, did ; ns a delegate 
 from the faid Correfponding Society, in London, conilamly at- 
 tend the illegal meetings ofrtie above mentioned a{iociation,ai,d 
 did co-operare with them, on different occasions, and a<fc as |>re- 
 fes or chairman of their meetings, and did take an active and 
 diftinguifhed part in their deliberations and proceedings ; and 
 thai; while the laid Maurice Margarot continued to attend the 
 faid illegal meetings, as a delegate, or was officiating in the ca- 
 pacity of ' prefident, as above mentioned, various fed it ions and 
 inflammatory' votes and refchitions were pafied, fo?ne of which 
 he moved, others of which Vie fecondeu, and u> all of which he 
 gave his concurrence and approbation, by voting for pailinjr the 
 fame; and which {editions votes and refoluiions,as alfo the iiu'ciin- 
 matory fpeeches that were delivered on thofe occaiions, by au- 
 thority of the laid meetings, were inierted in minutes of their 
 procedure, taken at the time, and which afterwards by their 
 order, or under their authority, were publifhed in a new (paper, 
 called the Edinburgh Gazetteer, of Tnefday, November 26th,. 
 
 179?, being No. 78 ; of Tuefday, December p,d. i 793, being No. 
 79 ; and of fuefday, December the ioth, 1792, being No. 8o ; all 
 of that paper; and vrere by that means circulated among the 
 lieges; That the faid Maurice Margaret did alfo, when at tending 
 in his capacity of delegate at the illegal meetings of the faid aflo- 
 ciation, utter and make various fedi'ious and inflammatory 
 fpeeches, tending to vjljfy our prefent happy conRitutiou; and 
 to withdraw therefrom the confidence and attachment of our 
 fubjects ; -and did likewife move refolutions, tending to diflcrfri- 
 nate the feditions and wncottftitutiorial principles, by which thefe 
 meetings Avere acfluaied. And particularly the fetid Maurice* 
 Margarot, at a meeting of the faid Convention, held onTuefday 
 ipth of November lall, i 79^, or on forae other day of that month, 
 jii a Mafon lod^* 9 or room in B:ack-fryars wyi:d, in tl<e city rf 
 Edinburgh, did wickedly and felonionily make :he following mo- 
 tion, or one of a fimilar import ; " That previous to the pnb- 
 " lijfliing an addreTs to the public, a Committee be forthwith ap- 
 " pointed, to coniider the means and draw np the outlines of a 
 i( plan of genev^l union and corporation between the two n-a- 
 " tions, in their tonftitutional pwrfuitof* a thorough parliarcei:- 
 " tary reform." Which motion, or oiie of the fanif tendency j 
 Jiaving been approved of, VN as palled unanimoufly by the faid 
 illegal aflbciation ; and which motion clearly demos: lira ted a 
 v.'ifh and intention, on the part of the faid Maurice Margarot, of 
 propagating the feditious tenets of that ailbciation over thew'hole 
 kingdom, aucl of exciting onr fubjecls in England, hi contempt 
 of legal authority, to adopt the fame unconftitutional cordurt 
 rv'hich the faid Maurice Margarot and his aflociates had prefunied 
 to follow. 
 
 And further, on Monday, the 2Cth of November 179^, Oi' on 
 foine other day of that month, aiioiher illegal meeting, r.f the 
 
 above- 
 
( 5 ) 
 
 above-named aflociation, held at the aforefaid Ma Ton lodge or 
 room, in Black- fryavs wind, or in fome other place to the public 
 profecutor unknown ; upon a motion being made in the follow, 
 ing words, or words of the fame import : <c That in cafe the mi- 
 " nilter, or any other member, britig into the Koufe of Com- 
 *.* mons a morion for a Convention Bill, as palled in Ireland, for 
 (t preventing the people from meeting according to their juit 
 " rights by t'ne revolution, the fame motion mall be noticed to 
 " the delegates of the relpecftive fodeties immediately to meet 
 <l in Convention, to aflert their rights ;" which niotion having 
 become the fubje.fi of confederation the following day, the faid 
 Maurice Margaret did then wickedly and felon ioufiy utter and 
 make the following fpcech, cr one of the like import and ten- 
 dency: '< This is an excellent motion, and the event, which it 
 " alludes to, ought to be the toe jut to the friends of liberty to 
 " aiiemble. It feems however to be imperfect": it does not 
 f< mention any place of meeting, neither does it fpecify the time 
 *' when the delegates are to aflemble ; for the word immediately 
 '* is indefinite, and will not convey the fame meaning to per- 
 " fons ivfldin* in different parts of the country. By thofe who 
 ** live near to the place of meeting it will be ivnderilood, that 
 " they are to repair there next day. BY thole at a greater dif- 
 " tanoe, within a few days ; and by thofe frill further off, a 
 {i \veek after fach information is received. Bnt the Committee 
 of regulations have in their report an article of the fame pur- 
 '* port, which, in my opinion, is preferable to our friend Cnl- 
 lender's motion ; which, as this morion conies properly under 
 " the charge or* regulations, I wifli that it were referred to that 
 * committee. I therefore move that the report be read, that 
 " the Convention may jud^e whether the article I allude to fnf- 
 ' ficiemly provides for the intention of the motion now before 
 " the Convention. 
 
 " 3 believe that the Convention will be convinced, that the 
 ft claufe of the report of the Committee of regulations compre- 
 " liends the fpirit and intention of Citizen Callendar's motion, 
 <( and alfo extends farther, inafraach as it provides for a nuut- 
 " ber of cafes equally dangerous to liberty, n r a Convention Bill ; 
 tc it will be found allb, that this bcfinefs of callings meeting of 
 <l the Convention had better be entruited to a feleA Committee, 
 " appointed for the particular purpofe of watching every ad: 
 " which may militate againit the rights of the people. And I 
 ' " maintain that the proper place for this motion to appear is 
 " among the regulations of the Convention." 
 
 And further, on the 28th day of the faid month of November, 
 179?, or upon one or other of the days above mentioned, the 
 faid illegal and feditious meeting did, after difcuffion of the laki 
 motion, in the room or Mafon lodge in Black-fYyars wynd afore- 
 laid, wickedly and feditioidly come to the refoiurion of rhe fbl- 
 lo \vinc: impoil ajid tenor : t( That this Convention co; J {J<u rfn'a 
 
 the 
 
** tTse calamitous eonfequences of any act of r 
 ** maty tend to deprive the whole or any pait of the people of 
 ** their undoubted right to meet, either by rhemieK-es, or by 
 " delegation, to difcnfs any matter relative to their common 
 *< intereft, whether of a public or private nature; and holding 
 '* the fame to he totally incon(i(tent with the rft principles and 
 ** iafety of fociety , and alfo fubverii ve of our known and acknow- 
 ledged eonliitutional liberties, do hereby declare, before God 
 " and the World, that we (hall follow the wholefome example 
 " of former times, by paying no regard to any ac"t which ftiall 
 " railrtate againft the constitution of oar Country, and ihall 
 " continue to aflemble and conlider of the beft memis by which 
 ** we can accomplish a real reprefentation of the people and au- 
 " nual election, until compelled to defift by fuperior force. 
 '* And we do refolve, 
 
 " That the firit notice given for the introduction of a Con- 
 " vention Bill, or any Bill of a fimilnr tendency to that palled 
 et in Ireland in the latt Seflion of Parliament ; 
 
 " Or any Bill for the fufpenfion of the Habeas Corpus Aft, or 
 t( the ad: for preventing wrongous imprifoninent, and againft 
 " undue delays in trials in North Britain ; 
 " Or in eafe of an Ihvafion, 
 
 <c Or the admiflion of any troops whatfoever into Great Bri- 
 *< tain or Ireland all or any of thefe calamitous cirtnmilances 
 " Ihall be a fignal to the different delegates to repair to fuch 
 *' place as the fecret committee of this Convention mall appoint, 
 " and the firft feven members fliall have power to declare the 
 t( lit tings permanent, and twenty-one fhall conftitute a Conven- 
 " tiou and proceed to buiinefs. 
 
 " The Convention doth therefore refolve, that each delegate, 
 " immediately upon his return home, do convene his conititu- 
 " ents and explain to them the necefiity of electing a delegate 
 " or delegates, and of eilabliming a fund without delay againft 
 " any of thefe emergencies, for his or their expence, and that 
 " they do inftrudl the (aid delegate or delegates to hold them*, 
 '* felves ready to depart at one hour's warning. 
 
 " And further the faid Maurice Margaret did at the faid ille- 
 gal meeting after the aforefaid refblution was fo palled wick- 
 " edly and felonioufly make a motion in the following words, or 
 " in words of a (imilar import and tendency : That a fecrec 
 *' committee of three and the fecrerary be appointed to deter, 
 " mine the place where fuch Convention of emergency fliall 
 < meet ; that fuch place (hall remain a fecret with them and 
 " with the fecretary of this Convention ; and that each delegate 
 " fhnll at the breaking up of the prefent feffion, be intrulted 
 *< with a fealed letter, containing the name of the place of 
 '" meeting. This letter fhall be delivered unopened to his 
 ' confliments, the receipt of which fhall be acknowledged by a 
 " letter to the fecretary, preferved in the fame ilate until the pe- 
 riod 
 
( 7 ) 
 
 ** riod lhall arrive at which it (hall be deemed neceifary for the 
 *< delegate to let oft" which motion was unanimoufly approved 
 of. ~ 
 
 And further, the (aid Maurice Margarot did, on Wednefday rise 
 4th of December,! 79 3,oron one or oiherof thedaysof that month, 
 or November preceding, in another illegal meeting of the above- 
 named Aflbciation, held at the afbrcfaid Mafou "Lodge, or roosai 
 in Blackfryar's-wynd, or ibxne other place to the public Profeoo- 
 tor unknown, wickedly and fekniiouu'y utter and make the fill- 
 lowing fpeech, or one of afimilar import and tendency: 
 
 " Your committee of Regulations have not been able to bring 
 ** forward the remainder of their report this evening, they have 
 ** not however been idle, they have been employed in anotiber 
 " manner in your fervice. It has been obferved that we admit 
 '* fpies, under the name of Grangers. I fay they are welcotne; 
 ** and if the men by whom they are employed, were to conae 
 <e here, they Should be welcome alfo: for we have no lecrets 
 ts which we dare not avow. But the intelligence which I have 
 " to communicate will Ihew that thofe who are not friendly to 
 ** reform, and who have an ituereft in ftipporting the exiftiag 
 < abufes, are uling every endeavour to put a flop to our meet- 
 ** ings. If they abide by law we are fafe ; for they cannot deny 
 * that we are met for a legal and constitutional pnrpofe ; but as 
 the people in power may take meafures againft us not war- 
 " ranted by law, we ought to be prepared, I have in my hand 
 the outlines of a motion which i would wifii to propoie in a 
 * fuller houfe. However I fliall in the mean time obferve, tliat 
 < I m\\ informed there are many men who are delirous of diT- 
 " pCTiincr us by force, we ought therefore to prepare agaanifl 
 fuchdifperfion. We have already appointed a fecret commit' 
 <* tee, for fixing a place of meeting on certain emergencies; 
 " and we ought to be equally well provided againft the prefent 
 <* cafe ; for if we faall happen to be difperfed to night, how or 
 " where are we to rally again ? To do this your Committee 
 " fuggeits a refolution to the following effect ; but which I (haU 
 **. leave to be drawn up by the Council of the table: That the 
 te moment of any illegal difperfion of the prefent Convention 
 < mail be eonfidered as afummons to the Delegates to repair to 
 *< the place of meeting, appointed for the Convention of Emer- 
 " gency by the fecret committee ; and that the fecret committee 
 " is inftructed to proceed without delay to fix the place of nieet- 
 " ing. I hope that what has been already (aid will convince the 
 " Convention that yonr Committee of Regulations, though the}' 
 " have not been able to bring forward their report, have not 
 (( neglecfted their duty ; and it will convince our enemies that 
 " we d6 not altogether neglect them, they will fee that we 
 " proceed with regularity, and that we have an eye upon them 
 while they have fpies upon us. I therefore move for leave tG 
 ' bring in this motion Which motion afterward patted unani- 
 
 nioufly." 
 
( * ) 
 
 " moufly.'' The Paid Maurice Margarot, after moving the fa id 
 refolution, not only gave his aftent to pafs the lames but al- 
 lowed, himfelf to he named one of the four members of which 
 iaid fecret Committee was compofed, and agreed to act in that 
 capacity. And farther, 011 Friday, December 6th, 179", orfon.e 
 other day of that month, thefiiid illegal afibciation having again 
 ailembled in a room or workfhop belonging to, or pofiefled by 
 John Laing, wrighr, iitnated in Lady Lawfon's yard, fouth fide 
 of Crofs Caufevvay, in the parifh of St. Cuihhert and fhenfftlom 
 of Edinburgh ; the SIiecifF Subftitute of Edinburgh, wish 
 others his aih'ftants, having, in the difcharge of his duty, repair. 
 ed to the fa id room or workfliop, with a view todifpei ie (aid il- 
 legal Aflbciation, the laid Maurice Maruarot, with others his 
 aiibciates, did then and there refift the &icl Sheriff Subfthme, 
 and did peremptorily refute to difperfe until forced fo to do : 
 that on this occaflon the laid Maurice Margarot was called to the 
 chair, and acted as prefes or chairman of the faid illegal meeting 
 after the appearance of the Sheriff Subiiitute ; and, in open con- 
 tempt and defiance of all legal authority, vindicated the proceed, 
 ings of the meeting, and peremptorily refufed to leave the chair 
 unlefs compulfion was ufed : in confequence of which the She- 
 riff Subftitute was under the neceflity of taking him by the arm 
 and pulling him out cf the chair, and of ufmg force in dif pel ling 
 the reft of his aflbciates : That this conducft of the faid Maurice 
 Margarot was highly aggravated by this circumftance : That 
 the faid illegal aflbciation had been the very evening before dif- 
 perfed by the civil magiftrate. And the faid Maurice Margarot 
 having been apprehended and brought before Harry Davidibn, 
 Efq. SherilF Subftitute of the mire cf Edinburgh, on the 5th of 
 December,! 70.3, did in his pre fence emit a declaration of thatdare, 
 which is figned by the faicl Sheriff Subitkute, the faidM:\urue 
 Margarot having declined to fign the fame ; and when the faid 
 Maurice Margarot had been fo apprehended, fundry papers hav- 
 ing been found in his pofiefiion, or claimed by him, the fame 
 v>'ere afterwards infpecfled in his prefeuce, by authority of the 
 Sheriff of Edinburgh, and twofeveral lifts or inventories of thole 
 papers were made up, one of which, containing ten articles, is 
 fubfcribed by William Scott, procurator fifcal of the county 
 of Edinburgh, and by Jofeph Gerrald, of Hart.ftreet, Bloornfbi?.- 
 ry Square, London; and the other, confining of nine articles, is 
 fubfcribed by the faid William Scott, and by the Sheriff Subfti- 
 tute' of Edinburgh, as the faid Maurice Margarot refufed fo fign 
 the fame. Which inventories, together with the whole articles 
 thereof, except No. i. of the firftf inventory ; as alfo the fore- 
 faH declaration emitted by h'm before the Sheriff Subftitute ot 
 Edinburgh ; together with a paper figned by the faid Maurice 
 Margnrot and by John Wardtaw, quoted on the back, ' Motion 
 of M. Margarot/' and figned by the iaid Shei iff Subftitute, as re- 
 lative to the; aforefaS declaration ; as alfo the fcroll or draught 
 of the minutes of the faid General Convention, from the 29th of 
 
 Odtober 
 
( 9 ) 
 
 Oclober to the 4tti of December, 179?, confiding of 95 pages? 
 as alfo Nos. 78, 79, and So of the Edinburgh Gazetteer above 
 mentioned being all to be uied in evidence againft the laid Mau- 
 rice Margaret, will for that puvpofe, in due time, be lodged 
 in the hands of the Clerk of the High Court of Judiciary, be- 
 fore which he is to be tried, that he may have an opportunity of 
 feeing; the fame. At leafl times and places above mentioned, the 
 faid acts of Sedition were committed, and the faid Maurice Mar- 
 garot is guilty, acftor, or art and part thereof . Alliahich^ or part 
 thereof, being found proven by the verdict of an affize before 
 our Lord Juftice General, Lord Juftice Clerk, and , Lords Com- 
 iiiiilioners of Judiciary, in a Court of Judiciary, to beholden by 
 them within the criminal Court-houfe at Edinburgh, upon the 
 9th day of January next t come, the faid Maurice Margaret, 
 above complained upon, vugm to be punifhed with the pains of 
 law, to deter others from committing tke like crimes in all times 
 coining. Our lulll is here fore, 6 c. 
 
 LlST OF WITNESSES. 
 
 1 Harry Davidfon, Efq. iherifF fubftitute of the county of Edin- 
 
 burgh. 
 
 2 William Scott, procurator- fifcal of the faid county of Ediu- 
 
 burgh. 
 
 3 James WilHamfon, clerk to the faid William Scott. 
 
 4 Archibald W^lch, clerk to the faid William Scott. 
 
 5 Jofeph Mack, writer iia Edinburgh. 
 
 6 James Lyon, indweller in Edinburgh. 
 
 7 John McDonald, indweller in Edinburgh. 
 
 8 Neil M'Glaflian, indwdler in Edinburgh. 
 
 9 William Rofs, clerk in the Gazetteer office, Edinburgh. 
 
 10 George Rofs, clerk in the Gazetteer office, Edinburgh. 
 
 11 Alexander Aitehifon, iludent of medicine, refidingiu Canon- 
 
 gate of Edinburgh. 
 
 12 John Clark, mafon, in Edinburgh. 
 
 13 Alexander Bell, tobacconiir, in Canon -gate of Edinburgh. 
 
 14 Andrew Newton, formerly tobacconift in Dunfe, nw reiid- 
 
 ing in St. Patrick's Square, Edinburgh. 
 I 5 John Gourlay, watchmaker, in Edinburgh. 
 16 Alexander R.eid ? joiner and cabinet-maker, refidkig in Edin- 
 burgh. 
 if David Downie, goldfmith, in Edinburgh. 
 
 18 Thomas Cockburn, merchant, Lawn -market, Edinburgh. 
 
 19 John Warcllaw, writer, in Edinburgh. 
 
 20 Samuel Paierfon, merchant, in Lucken-booths of Edinburgh. 
 
 B 21 John 
 
21 John Lainpf, wri{4it, in Nicolfon-ftreet, Edinbn-gh. 
 
 22 The Rigiu Hon. Thomas Elder, Lord Provoft of the city of 
 
 Edinburgh. 
 2 Neil M< Vicar, Efq. one of the magistrates of Edinburgh. 
 
 24 James Laing, one of the city depute clerks of Edinburgh. 
 
 25 James Buruet, grocer, in Edinburgh, prefes of the fociety of 
 
 confbibles. 
 
 36 Alexander Frazer, grocer, one of the con (tables of EHmbnvah. 
 
 J. ANSTRUTHER, A. D. 
 
 LIST OF ASSIZE, 
 
 John Grindlay, rectifier of fpirits, Edinburgh. 
 
 James Gordon, brewer there. 
 
 John Howclen, fadler there. 
 
 Thomas Hotchkis, brewer there. 
 5 Samuel Gilmour, .rope maker there. 
 
 James Clark, farrier there. 
 
 Walter Smeaton, painter there. 
 
 James Mill, tanner there. 
 
 James Clark foil, baker there. 
 Io William Murray, merchant there. 
 
 William Scott, plumber there. 
 
 Robert None, painter there. 
 
 William Smyth, itabler there. 
 
 Robert Anni'trong, plumber there. 
 15 Charles Robertfon, printer there. 
 
 Andrew Bruce, merchant there. 
 
 Thomas Cleghorn, coach-maker theue. 
 
 Henry Farquharfon, carver there. 
 
 John Balfour, merchant there. 
 2O John Sauiuiers, Ihoemaker there. 
 
 John Baxter, glazier there. 
 
 James Dickfon, feedfinan there. 
 
 John Wilfon, coach-maker there. 
 
 Robert Younu, upholflerer there. 
 25 William Ainflie, fadler there. 
 
 John Scott, watchmaker there. 
 
 William Frafer, tinfmith there. 
 
 Gilbert Meafon, merchant there. 
 
 Alexander Weir, painter there. 
 30 Henry Murray, perfumer there. 
 
 William Marmall, plumber, there. 
 
 John B rough, \vrigkt there. 
 
 David Steuart, merchant there. 
 John Young, architect there. 55 William 
 
35 William Pirnie, architedl in Edinburgh. 
 
 James Bryce, painter there. 
 
 |ohn Hay, banker there. 
 
 Samuel Andei (on, banker there. 
 
 James M f Leifh, boakfeller there. 
 40 Robert Burns, architect there. 
 
 MacdufF Hart, ihoemaker there. 
 
 James Fowler, ftationer there. 
 
 John White, merchant there. 
 
 Atl a in Dalmahoy, merchant there. 
 45 William McLean, merchant there. 
 
 P.OBER.T M'OUEEN. 
 ALEXANDER MURRAY. 
 DAVID RAE. 
 
 
 T&IAL, 
 
TRIAL, &c. 
 
 . M4RGAROT. Clerk of the Court, where is tlie Lord 
 judice General of Scotland ? I don't fee him in his place. 
 Clark. \ don't know where he is. 
 
 Mr. Margaret. I hold than this Court is not competent to try 
 me. My Lords, I am cited before the Lord Juitice General of 
 Scotland, the Lord Judice Clerk, and Lords ComniiiHoners of 
 JufHciar,y. Now we know this is the hijrheft court in Scotland : 
 \ve know there'is no higher office in Scotland, than that of'Loicl 
 Juftice Gem ral, and we know, that 'if it was an unneceflary pod, 
 it would not have .2,000 a year falary, annexed to it, and we 
 know that the indictment would have run before our Lord Juftice 
 General, or Lord Jnllice Clerk, becaufe we know that the 
 Public Profecutor will in this cafe and in every other, trumpet 
 up much the conditution ; and astheconftitiition of Great Britain 
 is founded upon Laws, and thofe Laws can only be delivered in 
 words, fo the lead variation of words in a Law, is a total ob- 
 jection to an indictment. My Lords, it may be laid there is 
 precedent for it ; but it is a fundamental principle, that n-o mail 
 is to hold out his own laches. Why is he not here to do his duty ? 
 If this innovation is differed, perhaps the attendance of the Lord 
 Jrtdice Clerk will be difpenfed with, and the attendance of tlie 
 ether Judges ; and at laft, perhaps, the Clerk of the Court, or 
 even the Macers, will form the high Court of Judiciary, fo that 
 by one deviation and another, even the forms of judice will be 
 clone away ; and, my Lords, we cannot fay that there has not been 
 a precedent, where the Lord [tidice General has appeared in bis 
 place, though perhaps that was not to the honour of Scotland, 
 where the Duke of Argyle fat as Lord Judice General, for the 
 purpofe of trying a man, one James Stewart, for the murder of 
 a man of the name of Campbell, and the whole jury were Camp- 
 bells except two ; and that was the only indance where the 
 Scotch have enjoyed the privilege of having; the Lord Judice 
 General lit in their Court. I deny even the competency of this 
 Court to argue upon, or maintain their own competency, be- 
 
 eaufe it is the fervant pretend in <r to dictate to the mailer. As 
 * t? 
 
 well 
 
( '3 ) 
 
 well may it he Paid, \ve don't want a King, as for the Lord J-rf- 
 tice Clerk to fay, we don't want a Lord Juftice General. 
 
 1 have met the laws, and I beg tins may be taken under your 
 ferious confideration, for what I lay this day v.ll! not be coiiiined 
 within thefe walls, it (hall fpreacl far and wide, and will undergo 
 a revifion of both Houfes of Parliament in England. \ou al- 
 ready know that there is an impeachment hanging over your 
 heads you know it is fhortty promifed to be br ought forward. 
 And, my Lords, I object upon another ground, in the criminality 
 of which you are ail implicated, for there is this difference be- 
 tween the lieges and the ]udgcs, that a mar) is always pre famed 
 innocent till he is found guilty ; but the moment there is the 
 flighted imputation upon a judge, he is prevumed to be criminal 
 till his innocence is clearly proved. A judge ought to be like 
 Ca?fnr's wife, not only fpotSefs but even unfufpecled ; that isr.ot 
 the cafe with you, my Lords. We have the pronnfe of many 
 men in England of great ref peccability who wilJ bring it for- 
 ward, and you may, though you are now fitting upon that 
 bench, be brought to atone upon your knees, perhaps with your 
 lives, for any infraction of 7 the Laws you may be guilty of. My 
 Lords, we well know that Caiv.byfes ordered an unjuft judge to 
 be ilea'd, and the dn of that judge covered the feat of his Juo 
 ceflbr. We alfo know, that in the reign of Alfred (ard i hol<l 
 my authority in my hand, and the hiftory of England will fnr- 
 niih it to every one) that in one year, forty-four judges were 
 hanged and you well know the fate of JefFerys, who, though 
 the flow hand of the law could not overtake him, was torn in 
 pieces by the people. I don't mean to fay that you are guilty 
 that remains for a higher decifion thsn mine, at that tribunal 
 where you nmft foon appear, to aniwer for thofe actions which 
 you have committed ; but you will remember, that there Avill be 
 at that day a mixture of guilt and innocence may the innocence 
 appear predominant-! don't wifh to be one of your accuiers on 
 that day. 
 
 My Lords, the objection that I have dated, it is impoflible to 
 get over, for that man is remarkably accurate, I mean the public 
 Profecutcr, and if it was not neceflary, he would not have in- 
 ferte-'l ;t. I exp-iC't no mercy from him, neither (hall I expect 
 any thing like mercy from the court, in the .(ituatioti in which I 
 ftancl, if what I have heard be true. 
 
 ^ My Lords, there is another objection alfo I need Lord Tiif- 
 tice Clerk and Lord Brnderland's teititno^ies, as exculpatory 
 evidences : I wanted to bnng them upon their oaths to the bar, 
 bnt though it is the privilege of ah Eti^lifhman of a Briton J 
 mean, for J wifh rlie name of EugHilirnvm to be annihilated in 
 that of Briton it 5s a Drivilcge granted to ns by tfiat Corrilitu- 
 tion (wh^:his fo loudly trn-Tipefed v*i "p^n every occaiion), 
 t;hjn a pannei ar the b^r, fhall have the la y method 
 
 or brittgmg his \vitnefles tliat his profecutor has, and lha; has 
 
 been 
 
C '4 ) 
 
 fceen denied me. The man wiiofe br.fuieis it is to cite 
 &<?, he would attend in court, and give his rcafons why lie did 
 not da e toferve rhofe judges with a citation. It is trite, I men- 
 tioned only the Lord Jnftice Clerk to him, and ! charged him 
 to tell the Lord Jnftice Clerk tlinr I wanted his evidence, and I 
 apprehend, that yon are not competent to determine upon rhis 
 objection. I have obeyed the laws. This is not the high Colin 
 of fufticiary, inafmuch as it lacks the centre (tope inaunuch as 
 it kicks the principal officer of the court, and ihe nuui who here 
 fttoiild reprefent the King, and confr-qaently the wording of the 
 indictment is loofe, and renders it mill* a? id void. 1 have done 
 Tny duty, and I demand to be dilcba) ged fi om your bar fiai- 
 pHciter. 
 
 L'irit J.-t/itCi' C^'rk. What do your Lordfhips fay to this ob- 
 jcc^ion ? 
 
 Lord Hcndertan&. My Lords, the objection as I underftand it, 
 is, that the Lord jtiftice General does not attend this court, and 
 it is even faid, that we are- not competent ro jud^e of the force 
 validity of that objection. Why, r.iy Lord, \\ r \\ rcfpeCt to 
 
 that, if we are no* competent to jud^e of it, who is to judge of 
 it ? it is f. oin tlic v-r< eility of things that \ve muil judge of it 
 no other perlbn car: jtid^e t-f it, and therefore' i hold that objec- 
 tion to be null and void. With rcfpeJr to the attendance of the 
 Lord Juftice General by A( r t of Parliament ir i? declare*!, that 
 any tjrree of t tils court fhall be aquonnnro iry any c'iminal; 
 confequently, though my Lord General *s abl'ent, and 
 
 even if your LordfEips ?nd I were al>fent, anv other members ot 
 the court pJ*ovrded the.e ^ v e (hree, is .; Vr'oal qcorum livfficient 
 for tlte trial ; therefore I am of opinion thaE ;iie objeiftioniliould 
 be repelled. 
 
 Lon/ Juftice Clerk. Does any of your Lorcfoips think other- 
 wife ? I dare iay not. Repel tl^.e objection. 
 
 Lord f:t flics Clerk. You will attend to the criminal libel that 
 is to be r ead an;ain(t you. 
 
 M--\ Margaret. Before thitt is read, my Lords, 1 claim another 
 privilege, which is, that of having my wimetles called over, and 
 if there are any who do not attend, I infill 1 demand I don'c 
 ail; it ns a favourI demand it you are on the feat of juftice, 
 a';d lake heed hov/ you achir.niiier ti)M juftice I demand it as 
 my light, that, a caption b^ granted againtt the abfentees. 
 
 Lore ' . With ^efpecl to what Mr. Margarot has faid 
 
 of his v/;ci;e(i! s, I i!are T^y your Lordmips would nor hefitate at 
 feiuling; a meilenger to ferve ^even your Lordfhips, or any niau 
 in the kingdom with a citation. I hope it is not true, tnnt th? 
 offiot r i -f .?i-i! to cite your Lordfhij>s, it was his iluty, and he 
 oui'h! f o h;vvi" iio';e it. 
 
 /:'./'/;,: /-',;, Glsr\ ?"Ir. Margarot, Hand up ami hear the rd- 
 ril libel reavi agaijiil vou. 
 
 The 
 
Tbs it,. lift M: 
 
 Lordjufiicc Clerk. What clo you fay 10 \.\\\z ? Are you giuUy 
 of the charges contained in it, or not guilty. 
 
 />.V. pJargardt. My Lord, guilt does not finnd at your bar ac 
 prefem. 
 
 L<9;V 'J'iftice Clerk. Are you guilty or not .uil'y : loa mull 
 ani'wer that queilion. 
 
 JMr. lilargarbt. lam not guilty ! but I don't: undeiilautl what 
 is done with the objection I have already made. 
 Lord Jnftue Clerk. It is repelled. 
 
 /!Vr. Mfrgarot. Oh ; ir is repelled, is ir ; according to cnfhmi ? 
 then I mult make an open declaration of my int.ention, to enter 
 a proteft agahift the proceedings of this court. 
 
 Lin 1 J:ijii'cc Cfsrk. Have yon any thing to offer as to the rele- 
 vancy of ihe libel ? 
 
 Mr. Mar %a rot. With regard to the lihrl, if ni'y exaclnefs is 
 neceftary in a criminal libel, ir certainly is not relevant; and here 
 is or.e thing, that alone is fufricient to quadi it. But, my Lo:d, 
 ] defired that my witneiles might be called over, in order thai I 
 might have"a fair and free trial, that if any of them did not at- 
 tend, 1 might have a caption granted by the court ; and that is 
 an objection which is not to be clone away ib eafily. I have not 
 heard the qr.fwer of the court to that. 
 
 Lord Juflke CL'rk. Have yon any arguments to offer as to the 
 relevancy of the indictment ? if you have, you mult mention 
 their, now. 
 
 I\Jr. filargc.rvt. If your Lordfhips will give me leave to Hate 
 the objection about the \\irneiles afterwards, then I fay, this 
 libel Itares, that by the Laws of this Realm, Sedition is a crime 
 ot a heinous nature. I befeech your Lorufhip, to point our the 
 Lnvv wh.kh makes Sedition a crime, and allo, that which, fliews 
 the pnnimment that is due to it. I unde; Hand that fome people 
 think Sedition fo well undeidood, as not to need explanarjon, 
 1 differ from them I fay it is not merely tlse authority of a jucH>,e 
 that is fuflicient he muit Iny his finder upon vlve Law jUu-k 
 and point it out: to the Subjects, that they may hnow where t*> 
 . iiiul it M'l>en t'ney arc not before the judge. Is there any I .- c )\v m 
 the Britifh. Conititution, which points out Sedition, and nllixes 
 the pnuilbment to it ? 
 
 My Lords, in pna;e three of the indictment are thefe words, 
 \vhLh 1 nndevfhu.d to be taken from the Gazetteer. This is-.< 
 excel!r!>t motion, and the event which it: iiliut!(;;-. to. ougui to be 
 the rccftn to the friends of liberty to allemble. In the Gazetteer 
 ir is, the friends to liberty here it is the fiinuls cf~ liberty.. 
 Therefore, that is a fiaw in the iudktmcnt, which (jiv.tfhes it at 
 
 ,, 
 
 A Iy T.ordp. if yon r;o accord ihg to Jnftice", thefe nr- vr.lu! * 
 tions ; but if you thinlr protx-r to repel thcip i ly to 
 
 Hate au oUjctition, and as foon as llatcd ii is irr-tlict.!, you may 
 
 clo 
 
GO as ypn think ^t ; but, if I have not impartial judice done me, 
 ", li*: down, not make any defence, but delire you to difband 
 . TV, a7id pais {eiv.euce. 
 
 L'jrd Ji-iiti^i' Clerk. Have you any tiling further to lay as to the 
 relevancy ? 
 
 i'dr. l/La-^ar&t. It is irrelevant in toto. Then, my Lords, a^ain, 
 at the conclnfion of this libel I corne back witu myfirft objection. 
 -I fee at the beginning and the end, and it is not a mere 
 matter of form no Act of Parliament can do it away, or if an 
 Acft of Parliament can do it away, why is not the Letter, as well 
 as the Spirit of the Aft maintained. It fays he;-e, all which, or 
 part thereof, being found proven by the verdict ot'an ailize be- 
 fore our Lord Jnfticc General, Lord Juftice Clerk, and Lords 
 Co liminionerso/Jufticiary. It iays fo at the beginning it fays 
 fo at the end. My Lords, this is an inaccuracy that cannot be 
 ov-r^ooked, it uiuft not be overlooked ; and, as you thought pro- 
 pert o repel it in the firil inilance, I urge it again in the iecond ; 
 it is a flaw in the indictment. There are three flaws, which I 
 think fVrificient i"o qu.-ah the indictment entirely. 
 
 LfjrJ. J't jiic? Cl'jrk. liave you any more objections' to make ? 
 
 Mr. M-?rgarot. No, my Lords, three are as good as three 
 thousand. 
 
 Mr. Soi'/cittr General. My Lords, in anfwer to what has fallen 
 from the Pannel, his objections are fo excravagam as iiardly to 
 merit an unfwer. The only appearance of any thing like a legal 
 objection is this: the gentleman lays he is accufed of Sedition, 
 ami calls upon us to point out where Sedition is made a crime, 
 a:;d by what Law, and what is the puniihment afHxed to it. My 
 anfwer to that is, that Sedition was made a crime not by any 
 ilatnte, but by the common Law of Scotland, and if the gentle- 
 man wilhes for authority, I refer him to the book called Regiam 
 Mskjerhuem, where Sedition is expreisly ftatcd to be a crime, and 
 I would tell him, that it is there declared to be pnnifhable as 
 treafon. That is in the oldeft book that we have upon the Ivaw 
 of Scotland. Since that, Sedition has not been puniihed as trea- 
 fon, but remained upon the footing of the common Law, pu- 
 r'.diable by what is called an arbitrary puuifhment. As to a de- 
 finition of Sedition, your Lordfhip knows there are many crimes 
 of fo complex ancl fo vague a nature, that it is hardly poffible to 
 give a general definition to comprehend them all. If I am called 
 upon to give a definition of high treafon, I don't know any that 
 I could give, except by enumerating all the different cafes of " 
 treafon; or, fuppofe I was called upon to give a definition of 
 fal&hood or forgery, there are twenty different kinds of it; no 
 definition can comprehend the whole. So alfo, I imagine it 
 (lands with regard to Sedition. At the fame time, if a definition 
 is wanted of th? crime charged againft that gentleman, I will 
 read him 4 Mr. Erfkine's definition of it in his'firit Inftitute : He 
 divides it into two parts, real Scdiuon and verbal Sedition; he 
 
 fays, 
 
( '7 ) 
 
 fays, real Sedition is generally committed by convocating toge- 
 ther a confides able number of people without lawful authority* 
 under pretence of redreiiing grievances to the deltroying of the 
 public peace. Then he fays, general Sedition is inferred from 
 the convocation of a number of people without lawful authority, 
 tending to difturb the peace of the community. Is not this the 
 very crime charged againft this gentleman ? if there was any 
 lawful authority, the gentleman will tell us what it is. Can there 
 be a doubt, that if the fh&s ftated in this indictment be true, 
 they not only tended to diituib the peace of the country, but to 
 fnbvert the Conftitntion of Great Britain. Therefore, taking 
 the charge as it Hands, there cannot be a doubt with any of your 
 Lordfhips that it does amount 10 a charge of Sedition, and that 
 Sedition is a crime pumfhable by the Law of this country ? If 
 there is any oilier country in the world, where Sedition is not 
 made a crime by the common Law, I wiih thefe gentlemen next 
 time they hold Britifh Conventions would meet in that country, 
 for in Scotland, I will allure them, there is a Law to punifiithem. 
 Mr. Margarot. My Lords, I hold in my hand a definition of 
 Mr. Erlkine's, a little differing from what the gentleman has 
 read ; he fays, " it confilts in railing commotions or diiturbances 
 " in the ftate ; it is either verbal or real. Verbal Sedition or 
 " Leafing making, is inferred from the uttering of words, tend-, 
 " ing to create dffcord between the king and his people," and 
 1 think it is that gentleman who is guilty of Sedition, inafmuch 
 as he feeks to alienate the hearts of the iY.bjecls from their fbve- 
 reinrn. lie fays, " it was formerly puniihed by death and the 
 " forfeiture of goods, hut now either 1-y imprifbnent, fine, or 
 " banifliment,, at the difci etion of the judge." Now it feems 
 to me, that that cannot be the Sedition which this gentler an. 
 means, for if I understand rightly, the Sedition I am charged 
 with, is fomething like that of Meffrs. Mtiir, Palmer, and Skir- 
 ving. Now if their Sedition had been the Sedition that is meant 
 here, they would have been puniflied by banifliment and not by 
 tranfportation ; and therefore, there mufl have been iome trif- 
 ling miftake in that, my Lords. Now it fays here, " for pre- 
 " venting riots and tumults it is enacted, that if any perfons to 
 " the number of twelve mall aflemble, and being required by a 
 " magiilrate or conflable to difperfe, mall neverthelefs continue 
 " together for an hour after fuch command, the perfons difobey- 
 'J ing mail fuffer death." Therefore, that cannot be the Sedi- 
 tion that I am charged with, for the indictment only pretends to 
 know, what I am fure the Almighty never commiffioned the 
 Lord Advocate to enquire into, namely, our fecret intentions. I 
 did nor. know before that there was an ir.qmiition in Scotland, and 
 that he was Grand Inquiiiror ; for certainly otherwife, the minds 
 of the people are only to be gathered from their behaviour. 
 
 My Lords, thefe meetings I will maintain were legal in tbe 
 ftricieil fenfe of the word ; for the claim of right* entitles the 
 
 C people 
 
people to petition Parliament ; and it is impofuWe they could 
 petition Parliament without meeting. The general will cannot 
 be collected as you gather taxes from door to cloor. Good God ! 
 what has become of the Conilitu.ion that you trumpet np fo 
 much, if you give us the rame and take -away the e(ience ? if; the 
 people are not to meet to examine their rights,, and proceed upon 
 their rights." 
 
 My- Lords, there is not one fo barefaced as to pretend to deny 
 our right to petition or acldrefs the King//' The Lord Advocate 
 himfelf has acknowledged, that it is our right. l r e bimfeTf.is a 
 reformer, and has held fediiious meetings as well as ns ; but 
 then indeed he brings forward a curious reafcn: \vhen the Lord 
 Advocate is out of place, reform ii proper; when in place, ic 
 is highly improper ; and that is the doc'trine of Mr. Pitt, lie- 
 caufe we are poor, it is {edition in us ; but when your Comity 
 Meetings are held, it is no longer fedirion ; but it is a thing that 
 is authorized. As long as they though: we were not f hfnciemly 
 formidable, and that there was no danger of opening the eyes 
 of the people, fo long did Juftice nod ; and Ihe only awoke when 
 every man, hearinglb much talk of the Conftitution, began to 
 examine what that Conititution was. And, to be line, it is a 
 curious fiction in law (and you have a great man}') by which 
 our happy constitution has wifely guarded the Profeeutor for 
 the Crown ; by which means the fubject may at any time be 
 opprefled and perfecuted by the officer of the Crown, and he 
 can obtain no damages, no redrefs whatever. Happy if he gets 
 off; happy if bis fe.jtence does not come out of the pocket of a 
 Minifter of State. My Lords, our tranfaCtions have been legal. 
 The illegal actions have been entirely on the part of our profe- 
 cutors. We have experienced the 'fate of general warrants : 
 we have experienced the fate of a State Inquifitioii. Good God ! 
 has not a man, living under the Britiih Conflinirion, a right to 
 examine that coniUtulion, and to fay, I am told, that it is the 
 fined inftitution in the world ; and yet 1 feel my pocket emptied 
 daily with taxes ; I feel my liberties taken away one after ano- 
 ther ; and yet I muft not meet with my neighbours to the num- 
 ber of twelve, to difcufs thofe injuries that I daily feel, and to 
 enquire after the means of obtaining red-reft, but immediately 
 comes a Crown Lawyer, claps the word Sedition upon it, r.nd'l 
 am puniflied. Then another man is charged with Sedition. 
 My cafe is brought forward as a precedent, and. therefore he 
 muft be ptanjftwd in the fame way. 1 fay, my Lord, if every nr- 
 ticle in this libel is proved, it redounds more to my honour than 
 any thing elfe : it ihews me the friend of iny ip?cies ; it fhews 
 me the friend of fiiy country ; it fhews thai I have done my cU'ty 
 as a good citizen ; that 1 have endeavoured to procure thut ior 
 every one of my felL>w fubjects that it is our rip.ht to enjoy; 
 that I don't wrfh'-te enjoy a fingle thing alone, neither place nor 
 penfion ; that I don't wifh to enjoy any thing exchifivdy, bi t I 
 
 lick 
 
( '9 ) 
 
 feek a restitution of onr lights, a renovation of our Conflitution, 
 as it is faid here, by nniverial fuiilage ami annual parliaments. 
 
 My Louis., perhaps your memories may fail you, for icis Ibme 
 time back when Mr. Pitt, at the Thatched Houfe Tavern, being 
 a young man making his debut in Parliament, a young patriot 
 making his entree into the world, iniifted upon a reform. It was 
 then highly confiitmional. My Lords, I have in my hand a refo- 
 lurioii entered into at the Thatched Houfe Tavern, on the i6thof 
 May, 1 782 : " At a numerous and refpctftable meeting of Members 
 " of Parliament, friendly to a conititntional Reformation, and 
 " of members of ieveral Committees of Counties and Cities." 
 Here, Gentlemen, you fee Delegates, here you fee a "Convention ; 
 though a Convention is nothing new in Scotland; becaufe you 
 have had the Borough Reform Convention, and the Lord Advo- 
 cate is himfelf upon that lilt. My Lords, at the Thatched Koufe 
 Tavern were prefent the Duke of Richmond, Lord Surrey, Lord 
 Mahon, the Lord Mayor. Here you fee amongfl them the firft 
 municipal officer in England, the Lord Mayor, Sir Watkin Lew- 
 es, Mr. Duncomb, Sir Cecil Wray, Mr. Brand Holiis, Mr. Wi- 
 thers, the Hot*. William Pitt, whom I mean to adduce as an ex- 
 culpatory evidence, if even the forms of juftice are allowed me 
 the Reverend Mr. Wy vil, Major Cart Wright, Mr. John Korne 
 Tooke, Alderman Wilkes, Dr. Jebb, Mr. Churchill, Mr. FroiV, 
 &c. &c. all mei' of learning, who well knew what the Conftitu- 
 tion of this country is, and what it ought to be- men who re- 
 quired not to be told what was fedition and what was not men 
 who would not have rifked themlelves, if they had not known 
 that they were upon conititutional ground, and they refolve, 
 " Thar the motion of the Hon. William Pitt, on the yth inftant, 
 <( for the appointment of a Committee of the Houfe of Commons, 
 <f to enquire into the ftate of the reprefentation of the people of 
 (t Great Britain, and to report the lame to the Houfe ; and alfo 
 11 what iteps it might be nereflary to take having been defeated 
 " by a motion for the order of the day" which is fomething 
 fimiJarto your repelling an objection of the Pannel, as foon as 
 it isitated " having been defeated by a morion for the order of 
 " the day, it is- become indifpeufably neceflary that application 
 (t fllould be made to Parliament by petitions from the collective 
 f< body of the people in their refpedlive diilriels.'' They 
 were not to pour into the Honfe eight millions of petitions, but 
 as many petitions from as many dUrricts as they could colled; 
 together, " requeflin^a fubltantial reformation of the Commons 
 " Houfe of Parliament. 
 
 " llefolved unanimoufly, That this meeting, confidering that 
 " a general application, by the collective body of the people, to 
 t( the Ho life of Commons cannot be made before the dole of 
 " the prefent Seffion, is of opinion that the fenfe of the people 
 <l fhould be taken." And how is the fenfe of the people to be 
 taken, I would aik the learned gentlemen of the law, if they are 
 
 not 
 
not convened ? Who is to take the fenfe of the penple, if it is 
 to be done by going round from man to man ? and if twelve form 
 a f editions meeting, it will come, by and by, perhaps to two or 
 three, and it will be dangerous for one neighbour to fpeak to 
 another in the llreet, or any where elfe indeed ; " that the fenfe 
 " of the people foould be taken at fuch times as may be con ve- 
 " nient during this fummer, in order to lay their federal peti- 
 " tions before parliament, early in the next fefiion, with their 
 " propofals for a Parliamentary Reformation," Obferve this, 
 men of Scotland! Obferve this, Britons ! " without which nei- 
 " ther the liberty of the nation can be preferved, nor the pev- 
 << manence of a wife and virtuous administration can be fecure," 
 and I appeal to you all whether there is not truth and found doc- 
 trine in it ? < may receive that ample ar.d mature difcuinon 
 which Co momentous a queftion demands." 
 
 My Lords, it feems to have been in the year .17? 2 a very lauda- 
 ble and a very conftitutional thing to aflemble, to meet to con- 
 fider of the grievances, and to plan a method by which they 
 were to be redreiit-d ; in the year 1794, when the very nian who 
 planned, who iirit fuggelted this, who encouraged the people 
 thereto, under his reign, I may call it, for he is the guide of the 
 helm the guide in the cabinet, while he is in abfoiute power, 
 that ihall be confidered as Sedition, which he himfelf tirft fet on 
 foot, in order to procure himfelf that birth ; ad, nosv he has 
 got it, he has altered his fentiments ! How ridiculous for a 
 Crown Lawyer to attempt to impofe upon a Court of juftice ; or 
 for any man to fnpport fuch impofition, that what was cor.ftitiv- 
 tibnal in 1782 mould be criminal in 1794. Fellow citizens, and 
 1 fear not to call you by that name we are fellow citizens of 
 one fociety. By the word Citizen I me^n a free man ; a man 
 enjoying all the righrs and all the privileges, and paying his 
 Ojuora towards all the expence of Society. I fay it is an infolent 
 attempt upon your undet Handings, to endeavour to perfuade 
 you that that which was constitutionally that that which was 
 right, that that which was juuHnable in 1782 mould be criminal 
 in i 794. Jt is true that an Englifh jury has fent to prifon a man 
 for only repriritirg thofe Resolutions. Holt, I think his name 
 5s, the primer of the Newark Journal, for reprinting in his 
 paper, which pays a daily tax to goveinment, that which the 
 perfon to whom he pays the tax was the author ot*. Thus you 
 fee how Crown Lawyers pervert the conPiiuition. With high- 
 founding words they clifguife the moil innocent facts; they fport 
 with the lives, p.nd with that which ought to be infinitely more 
 dear than their lives with the liberties of his Majefry's Sub- 
 jects. Men who feel wrongs cannot feel them without fome 
 degree of acrimony, and when thofe wrongs are repeated, this 
 acrimony muft increafe ; and thefe wrongs are done them in the 
 King's name ; but it is not the King, it is his fervants- who make 
 ufe of his name ; his feditious fervants who feparate ihe King 
 
from }\is people. My Lords, I know my doom. I am a willing - 
 and an already devoted victim. I have made objections, thofe 
 objections have been repelled. I (hall infill preiently on tbecallirg 
 over of my witnerTes. I (hall then demand a caption againft fuch 
 as do not appear. Ifiryjuft, my legal, my conilirutional tie- 
 mands are repelled, I will lit down ; I will beg the Gentlemen 
 of the Jury not to give themfelves any further trouble; 1 will 
 proteft againft the proceedings of the Court, and beg of them to 
 pafs to Sentence ; which I know it will be no difficult matter for 
 them to do. 
 
 Lird Hsnderland. My Lords, we are called upon to decide 
 upon the relevancy of this indictment, which charges in the 
 major proportion, that the crime of (edition, in this and every 
 other well governed realm, is a crime of a heinous nature, and 
 ievcrely punimable. And, my Lord, the firit part of it (to 
 \\hich it might be fufficicnt to confine myfelf at piefent) charges 
 that this Society, calling themfelves the B< itifh Convention of 
 Delegates of the People, met under the pretence of Reform ; 
 that it was of a dangerous and deftrudtive tendency, and was 
 with the deliberate and determined intention to difturb the peace 
 of the community, and to fubvert the prcfent conftitution of the 
 country ; and that this gentleman, Maurice Margaret, did take 
 an active and diftinguifhing part in their deliberations; and con- 
 fecjueiuly, that he took an active and diftinguifhing part in the 
 deliberations of a Society, met with a determined purpofc to 
 overturn the Conftitution ; that is the charge, true or falfe it is 
 not our province at prefent to enquire ; that in nil be left to the 
 Jury. The criminality does, to be fure, confift in, that they met 
 a determined purpofe to overturn the Conftitution ; and 
 
 the Jury, when they come to decide upon it, mult take into 
 their view the feveral things charged in tin', indictment, rela- 
 tive to this meeting. As to the form that they aflumed, how far 
 that was neceflary to obtain a reform in Parliament, it is the 
 province of the Jury to enquire ; and under all the circumftances 
 of the cafe, to lay their hands upon their heart, and upon their 
 great oaths to fay what was the purpofe of that meeting, accor- 
 ding to the fads before them. My Lord, if 'that is made out- 
 which is the charge, and in coniidering the relevancy, I am, 
 bound to hold the charge as proved, there cannot be a doubt that 
 it amounts to fedkion. I fay it approaches to high treafon ; aiut 
 I find in the cafes tried in England, in 1745, it appears from 
 Judge Foftef's Report, the charges laid againft the prifoners 
 were very little different from thofe contained in the prefent 
 indictment. It ran in thefe terms : Alfo deviling arid as much 
 ' as in them lay, mod wickedly and traiteroufly intending 
 :t to change and fubvert the rule of government of this king. 
 " dom, duly and happily eftablimed under our prefent Sovereign 
 * Lord the King, and alfo to depofe and deprive our faid pre- 
 
 fent 
 
C 22 ) 
 
 " fent Sovereign Lord the Xing of his title," and fo on. Now, 
 my Lord, the charge is, that the purpofe of this meeting was 
 to fubverc the Coniliuition ; and if ic was, when,- can the doubt 
 be, that it does amount to Sedition. My Lord, I leave it to the 
 Jenfe of every man who hears me, if ar., intention to fubvert the 
 Conilkution of a country is not Sedition. In uratvevs of ciiminai 
 law you in u IV go by the Uad,-i ilandingaud the fei.fe of mankind, 
 and in thisinflance particularly the Jury are to determine upon 
 the law as well as the fa it. 
 
 My Lord, with refpecl to Sedition it is of various kinds ; no 
 doubt its general tendency is torefiflumd undermine, or attempt- 
 ing to refill and undermine the Conftitution of the country, and 
 fubvert the fapreme power of the ftaie. It may either be of 
 a public or a private nature. When of a private nature, it is di- 
 rected again ft matters of a private life, it may he in direct op- 
 pOiition to a<fts, of; parliament , with reipecl: to imloiuves, disi- 
 nou of commonalties, turnpikes, aud ib on. Hut of a public 
 nature is the crime which is charged againlt this Gentleman : an 
 intention to fubvert the Confutation. My Lord, fedkiou may 
 be attended \vith tumult or without : with rifing in arms, or 
 without riling in arms. My Lord, fedinon of a public kind, is 
 as various as the ingenuity of wickednefs can fuggell. It may 
 be committed by words, by writing, by painting, by medals, 
 by allegories, by actions, by falfe infinuation, by f'alfe argument, 
 by tumult and infurrection, by mobs, by cabals, by open and 
 fecret meetings ; by confpiracies and by conventions. If the 
 Jury are fatisfied in their minds that the intention of this is to 
 overturn the Conftituiion, it is Sedition. My Lord, it was laid 
 that there was no law againft this. As to that, my Lord, every 
 well regulated government uuift make it Sedition ; becaufe 
 other wile fociety cjuid not exiit. It always has been, and mult 
 remain a common law crime, and muft be puuifhalle by common 
 law. 
 
 My Lord, having fnd fo much, I think there can be no doubt 
 that the Libel is relevant. The Paunel is at liberty to itate what 
 he pleafes in his defence. To infill it was for a partial reform 
 by legal means, and that nothing elfe was meant by this extra- 
 ordinary guife that this convention took upon them Pelves to af- 
 ilime ; the Jury will, upon the whole, judge whether this de- 
 fence or whether ths charge is relevant. In the mean time it 
 is my humble opinion that it is relevant. 
 
 Lord E/kgruve. My Lord, as ro the crime of Sedition, I cannot 
 read the Indictment, nor I think any body elfe, and fay that if 
 this man was concerned in holding thefe meetings, for the pur- 
 pofe of disturbing the peace of the community, and fubverting 
 "the conllitutioii of the country, that that is not the crime of Se- 
 dition. My Lorcl, it is not the province of fnch men as thefe to 
 take upon themfelvcs the amendment of the Government. The 
 intention of their meeting, they fay, was to obtain univerial 
 
 fuf- 
 
( 23 ) 
 
 fuffragre ; or, in other words, to eftablifh that every man living 
 in tills country is to have a vote to choole a Repreientathe iu 
 Parliament ; a thing t!:at never did obtain, and that does rot 
 now obtain, and never can obtain in this com try. Hut, my 
 Lord, it {Veins that if an act flioulcl take place for the purpofe 
 of fiippreilmg fuch illegal nu e; ings, that this is to be their tccfhi, 
 and their alarm bell for the purpo.e of meeting, when, where, 
 or how, is to be kept a deep fecrtt it is not 10 be divulged even 
 among themf?Ke.s ; but ir was to 1 e confined to this gentleman, 
 and tvso or three mose, who were iocr.M a Convention of Tiner- 
 jfency, ard they were to continue to aiietr.ble, end ;;ot to obey 
 fach act. if it ihouldpafs. My Lord, if the charges in tins Indict- 
 imr.it arc proved, it is impoUible to deny . v .ry r.fient, tl at they 
 <io Infer the c.-itrse of Sedition. I :.m of opinion that this libel 
 is revelantly laid. J /hall be exceedingly happy, if this gentle- 
 man is (bund innocent ; but that lies with the jury, and not 
 with us. 
 
 L&r<f$i&fati'!t f ?-.!y lord, the qurflion that is row under onr 
 fonfideration is, whether this libel is relevant to infertile pains 
 of law. And, mv Lord, it Itas been fo fully difcufled, not only 
 at this tinve, but upon the occr.ficn o( a very late tjial, that it is 
 perfectly itnneceflat'y to go over the ground atiain tliat has been 
 already gone over. Jiut, my lord, in this cafe the indidiment, 
 tlatcs.tSiat a motion was made, upon which thepannel fays, " This 
 *' is an excellent motion. The event which it alludes to, ought 
 " to be the focfin for the fricr.ds of libeity to aflemble." My 
 I:ord, this is a very ill chofea \\ord. What is this tocfm ? It is 
 an inftrurnenr made ufe by the people in France to aflemble. It 
 is br>!Tov/ed from a jvace f;om which 1 would wifli to bcrj'ovir 
 very httle. For what purpofeare they to ai?en>ble ? They fav to 
 a Vrr their rijjjbts. By what means ? can any n;?.n be at a lols to 
 iruik? the anfwer ? l^y violence rnd outrage, and no other ii\- 
 terr>;-erat'on can be given to it. My Lord, afterwards a propo- 
 fal is made for a fealed letter to be given to the Delegates, 
 which was not to be opened till a certain period : like an order 
 that is fomethnes given to fliips when they fail, that they are 
 not to open their indrntftions rill they come to a certain latitude; 
 nnd rhc meaning is, that thofe iiiftruclions mrdl not be l.nowti. 
 fo 4 fear they fhoulci be prevented. There can be no other rea- 
 fon ; and yet they afterwards fay, we make no fccrets of any 
 thinjT. l^herrtlirre is a refolution, that this Convention, confl- 
 dpnjijT tiie calaniitons confronerce of any 3< r t of the Leg-i-flaturej- 
 wliich may tend to deprive the people cf their undoubted rioht 
 to meet, declare before God and the world, that we fliall follow 
 the wholefome example of former time., by paving no regard to 
 auy at r t\vlti<-ii (liall r jlirate f.gainic the Coi.flitution of our roun- 
 try. is not this declaring t:h t they \v-ill opDole the Legiflature 
 itfelf* ? My Lord, it does not require any proof of its being Se- 
 dition. Then, my Lord, among other : cafts of emergency, on 
 
 which 
 
\vhi-1i they were to meet, it is mentioned, or in cafe of an in- 
 " vafion." My Lord, for what purpofe were they to meet pri- 
 vately, in cafe of invaiion ? The Legiiiature, th? executive part 
 of government is to look after that. Every man inuft feel what 
 they meant : that they mould afleir.ble the Delegates altogether 
 at a particular time, and all atone time they ihould meet, in cafe 
 of an iiivafioii. My Lord, I gave my femkneius very fully this 
 day fe'nnight upon the fame queltion, and 1 have not altered 
 them, but reel them itron rer and ftronger. I am forry to fee fo 
 many examples brought before us, and I hope there will be but 
 few more ; I am of opinion that the libel is relevant. 
 
 Lord Dunfitinan. My Lord, the only queftion at prefent for 
 our coufideratipn is, whether the libel is relevant and is laid pro- 
 perly. My Lord, tae major proportion dates the crime of Sc- 
 citian : the minor proportion fpecifie&a variety of circumftances, 
 which, if they come np to the crime of Sedition, the libel IF re- 
 levant ; and, my Lord, I have but one doubt upon this fubjecft > 
 and that is, whether in Come of tbeie particulars it is any thing 
 ihort of the crime of high treafon ; bat 1 think that it amounts 
 to Sedition, there can be no doubt ; and I think that the ordi- 
 nary interlocutory ought to be pronounced. 
 
 Lor.i dkercrombie. My Lord, in this cafe, as to the objections 
 to the relevancy it is the province of the Jury to enquire into 
 the fads charged ; and if thofe facts are brought home to 
 this Pannel ; particularly the refolutibhs, if they are brought 
 home to him, I think the neceilary conclufion is, that he is 
 gniliy of the liigheft fpecies of Sedition that can be poffibly com- 
 mitted. I am of opinion that the libel ought to be found re- 
 levant. 
 
 Lord Juftice Clerk. My Lords, I think it very unneceflary to 
 add any thing to what your Lordfhips have (aid ; but I think any 
 man who knows any thing of the law of Scotland ; or that has 
 the leaf! underftamiing, muft think that the one half of what is 
 charged here, if true, does amount to Sedition ; and therefore I 
 have no doubt in pronouncing the ordinary interlocutory, that 
 the libel if found proven to the knowledge of an Ailize is rele- 
 vant, to infer the pains of law, which, the Jury will attend, is 
 only an arbitrary punifnment, and allowing the Pannel to prove 
 all facts and circumflancesthat may tend to exculpate or alleviate 
 his guilt. 
 
 Mr. Margarot. My Lords;, 1 may now put in my former claim, 
 of having my witneiles called over. 
 
 Lord Juftice Clark. Surely bodi P='ofecutor and Pannel ought 
 to fee that their witnefles are G.H here. Let the Maccr go now 
 and fee that they are here, 
 
 Mr. Margaret. And Ifkexvife that the Court and the people 
 at large may be Informed the reafon \vhyl have not the privilege 
 of having you as an exculpatory evidence, in confequence of the 
 fear of the Mei&njwer .o deliver fuch a iumraoiisto you ; that is 
 a thing proper to be known. Lird 
 
( 25 ) 
 
 7>;;v/ Jvf!:ce Cferk. If yon have any thing thr.t it is necefuiry 
 for inf to prove, yon fhr.l! haverhe benefit of my tfcftiflioi\y, anil 
 you flrnU not want it neither. 
 
 Lwd Abercrowbis. \ am ftire if" the Meflenger has refufed to 
 cite your Lordfhip, he has behaved molt improperly. 
 
 Mr. Margaret. I think his name is Horchefon ; be fakl he 
 would be ready in Court to give a reafou why he refuted to do 
 ir. 
 
 (The interlocutory 'of the Court real.) 
 
 Mr, Margaret. There is likewife another tiling : yon did 
 lior take notice of the two objections to the wording or" the in- 
 dictment, which arc material flaws. Your Lordfhips have not 
 faid a word to that. 
 
 Lord J'tftics Clsrk. The court have confidered nil you have 
 f.nd, and they are of opinion, upon the whole, that the libel is 
 relevant* 
 
 Mr. Margarot. Here is the lilt of my witnefles, my Lord. 
 
 (The IWetfengcr was called but did not appear) 
 Mr. Alar gar tot. You will be informed, that fome of my wit s 
 neiles live in England, that I have had the exculpatory letter 
 fervcd there, with what is called a fnbpeena in England and the 
 affidavit at the back of the exculpatory letters, now in the hand 
 of the Clerk of the Court, {hews that they have been cited in a 
 legal manner, and therefore, as they are material witnefles, I 
 \vifh the liil of them to be called over. 
 
 (The lift be'mg calUd ove r y the following perf&ns ivcrc abftnt) 
 
 Duke of Richmond Jbn M* Inure 
 
 Henry Dundas J on " Wright. 
 
 William Pitt 
 
 Lord 'Jujlice Cltrk. As to the three that refide in England, 
 this Court cannot go beyond their jurifclicliofl : they cannot 
 compel any witneft living in England to appear here ; and there- 
 fore a caprion agninft witnefles refidin^ in England, is a thir^; 
 altogether Incompetent and unheard of. 
 
 Mr. M:irg.~ro(. Your Lordjfhip's objection is not vali<l, as will 
 appear to yourfelf upon refleclion, inafmuch as if you are not 
 coaipstcnt to give a. fecond citation, you was not competent to 
 the firft. On the contrary, it appears that the letters of excul- 
 pation found no difficulty in being backed by a Judge in Ir. .-.- 
 land, and the fnbpocna was ferved upon the;n according to the 
 laws of England ; nndtherefore, by a fecond diligence, tliey will 
 be mirfued in the fame i^anner ; and that will be backed by a 
 jnclge, and the fame co:npnlfion will be excercifed upon them 
 in England as would be in Scotland, if they refklecl here xA.nd, 
 my Lord, I will not permit this to be pafied over eafily, they are 
 very material evidences they are mei of high ftation in the 
 frare: they are men of great refi?onfi bill ty they are men wliefe 
 actions are public, and the c|ueitions that I mean to put to them 
 
 D arc 
 
are of a very important nature. There is aga!n another thing 
 ii feems you overlook fomethings and pry very clofely into 
 others it feems you are not competent to enforce the attend- 
 ance of a vvimefs from England, but it appears, by the libel, 
 that you are competent to try offences committed in England. 
 My Lord, mete with an equal meafure let my objection be at- 
 ten led to in a proper manner. It is a legal objection, founded 
 in jr.ftice , and juitice cannot deny it. Grant me a caption for 
 jny abfent wunefics. I demand-it. 
 
 L o-fd iicndtriand. My Lords, if witnefles refilled in Scotland 
 "within our jurifdicliion, and c>id not attend, a caption might be 
 granted ; but my doubt is, whether it is competent to the Court 
 to :rrant a fecond diligence, be ca life in this cafe it muft be alto, 
 gether nugatory. 
 
 Lord Ejk^rove. My Lords, I don't know an inflance exifting, 
 either in the civil or criminal courts, of a warrant being granted 
 to bring a wiinefs from England, to apprehend him by Habeas 
 Co.-pus : that is the only jnrifdic*tion we can exercife. My Lords, 
 1 understand in F.ngland it is not an eafy matter to obtain \\ii- 
 rieiies, before their own courts ; but of that I pvotefs myfelf ig- 
 norant : but I know of no inftance in which this court have 
 taken cognizance of the non-attendance of witnefles, refident in 
 a foreign country ; for England, with refpect ro the law, is as 
 much a foreign country, as Germany, Italy, or any other coun- 
 try. 
 
 L-ird S-iointw. By our 1 laws we cannot grant a caption a gain ft 
 a witnefs (Yosn a foreign country, and we cannot go beyond our 
 power, it is clear to me, that it was not our fault that they did 
 jict attend as to thofe that are lawfully fummoned, here, we 
 can lay a fine upon them. 
 
 Lord Dun finnan. My Lords, this Court ought not to be treated 
 with contempt, and therefore your I.ovdmips would be .careful 
 to ifl'ue no warrant that you cannot enforce. The authority of 
 this Court cannot go beyond their jurifdiclion, which is confined 
 to Scotland. 
 
 Lord Abzrcrcm^e. By the laws of this country we have no au- 
 thority over perfbnsrefi.Hng in any other country:.-' - 
 
 Lord J.'ffi'cs Clerk. We cannot poflibly differ upon this mat- 
 ter : it is a. downright abfuruity, to ifi'ue a it-cond .diligence 
 -againft witnefles refuline in another country. i am lorry for it ; 
 but he has got a fair trial by the laws of this country, As to 
 wntit dropped from the Pan.net juft now, he uiuil be very much 
 mittaken, if he thinks he is tried for a crime committed in Eng- 
 land : that is by no means the cafe ; he is tried for- what lie did 
 auer he came to rhi* country ; but it wag very praper, in order 
 to fiiew the intention with which he car.ie here, to (iate the 
 fa-il, that he ca-ne as a delegate from a Convention of the fame 
 kind in England ; but it is Yor'the crime that. he coiiimiueci in 
 this couniry alone, that he now ftands ar the bar. 
 
 J Mr. 
 
Mr. Margaret. My Lords, I don't require the forms of jufHce, 
 I require the efience ofjurtice It teems thataPaimcl is entitled 
 to the fame compulfory method of adducing witneiics in his fa- 
 vour, as the pro fee u tor has to adduce evidence again ft him. 
 Now general warrants have been ifi'ued to adduce evjxlercea^ainlb 
 me :- oreneval warrants, I fay it, have been iflued to adduce evi- 
 dence agarbtt me. Now I demand nothing more than the tegu- 
 lar forms of the Court, that your caption maybe granted, and 
 fee whether they will obey the laws of their country or no.. 
 And I am lorry to hear it come from the Bench, that it would be 
 nugatory ; which implies, that there are men in England above 
 the law.. Look to it, my friends where is yoar boafted Con- 
 ftirution ? If the mil man in England is not as amenable to the 
 laws of the country as the meancft of you, yon are {laves. 
 
 Lord Jnftice Clerk. You come here to fpeak to the Court, and 
 not to harangue the mob. 
 
 Mr. Mttrgarot. Do you call this audience a mob, my Lord ? 
 
 Lardjufiics GUrk. You are not to harangue the multitude. 
 
 Mr. Margarot. I undeifiand that the Judges have harangued 
 the multitude too, and they have gone into aferies of accufation 
 againft me, which I did not know was a part of the duty of a 
 Judge who ought jus dicer e, not jus facers. It has been faid too, 
 that England is as much a foreign country as Germany or Italy ; 
 that I don't undeHtand if this country is as foreign as Ger- 
 many don't talk, for God's fake, of the Englifh Conititution ; 
 it does not belong to you It is your duty, my Lords, to grant 
 me in whole what you offer me in part. As to thofe that refide 
 in Scotland, you fay we can punifh them, but not thofe in Eng- 
 land ; and yet you could cite thofe that were in England : and it 
 was backed by a Judge in England ; and if you grant a fecond 
 diligence, the fame form will be gone through again; and if, 
 after a certain time, for I do not wifh to avoid a trial no, I wifh 
 to come before my country, as every good citizen ought, to obev 
 the laws of his country ; and I do it with a conicious heart that 
 I am totally innocent, and that I deferve praife initead of blame 
 or punimment ; therefore, I fay I will concede to you a part of 
 the juttice that I demand. I have exculpatory witnefles of- great 
 importance, living in England, cited by your authority ; in con- 
 fequence of that authori/y it has bee-n fupported by the Englifli 
 Judges the Engliih Judges will fupport your authority in -a fe- 
 6nd inftauce. Let them be cited ; let a proper time be given 
 .me, and if they don't appear at the fecoud citing, I will con fen t 
 to go to trial without them. But, ruy Lords, let juftice take 
 place ; remember you have, in the comfe of this trial, to praife 
 the Condirution, it will be told the people how happily they 
 live under it how free and happy eery man is living under his 
 own vine and his own fic-tree. Let "it be proved"; !;t it be 
 proved that a Court of juftice does every thin$ in favour of the 
 Fanuel, as much as in &VQW of the i 3 ro leer, tor. The objections 
 
 that 
 
that I made have been repelled ; but they will be noticed rn a 
 in'perior Court. There is a Court fuperior to your's, and there 
 mull be, in every well regul ited government, an appeal to a 
 fupenor Court, from whence the abufes of the itrvams of the 
 Crown maybe rectified. 
 
 Lord J::fticj Cisrk. I think you feem to'be unacquainted with 
 the laws of any well governed ihite, and if you were not; a fo- 
 reigner and a Itranger, we would not have fullered you to have 
 faid one half of what you have laid. 
 I\Lr. Jlfargarc't. I demand a caption. 
 Lord Jujtice Clerk. The court have repelled it. 
 Ulr. Margaret. Oh! very well, my Lords, however permit 
 me one queftion, and I will put it to the generoiiry of the public 
 profecutor to anfwer it. My Lord Advocate, is i: in your power 
 or not to bring awitneison the part of theproiecution from Eng- 
 land, upon your honour anfwer me ? 
 Lor.i dldvocajf. No more than you can. 
 Mr. Mxrgarot. Does not an outlawry extend to England ? 
 Mr. Solicitor General'. For a crime ir certainly ci;>es, but not 
 as to a witnefc. Snppofipg a Scotcl roan to be tried before ii 
 Court in England, and in place of feeking the ailifLmce of ^onie 
 Knglifh Counl'el, as he ought to do, lie were to utter things of 
 the fame kliirt that this P.'.iiafl has clone, I doubt wiieclien he 
 would be heard with tl>e fiiine paueiice with which your Lord- 
 (hip lias hearu him. 
 
 Lord'JuplceCierkf Do you \vjfh a caption againd thofe two 
 wiinefl'.'S whoreC !e in Scotland ? 
 
 Mr. Margaret, No, my Lords, I don't \vifh to punilh two 
 poor men, and let three rich men go nnpur.iiheci. There is 
 another thing which I believe cakes place before the impannel- 
 ling of tV>e jury, which refpeJis the opening of the (loots of this 
 place. In looking over the claim of rigius,"i:i the 271 h chapter, 
 I find it is faid, that in criminal trials, winch arc oi io great im- 
 port, the doors of the Court mail be thrown open. 1 demand 
 therefore that the doors of this place may be opened, in order 
 that the people m.iy pa- tv.ke of what pafll'S. 
 
 Eflrfl Ji/ftice Clerk. It would be a very pretty ope^ng, I -think. 
 Mr. Margarot. The doors are fliuc, and I uuderli ami it is the 
 cuilom of the doer-keepers to take money, which is couiraiy to 
 the laws of the land. 
 
 Lord Jufiice Clerk. That vonhr.vc no bufinefs with. 
 
 J U R Y. 
 
 Jnrnes Gordon, Brewer in Edinburgh. 
 Tliomas Hotchkis, Brewer, 
 Samuel Gilmonr, Ropemakei*. 
 James Chirk, Farrier. 
 ja:nes Mill, Tnnner. 
 
 Lor : 1 Jufth; Ci rk. Do you object to ar.y of thefe Genllcmen ? 
 Air. Margarot. I have no peribiial objection, but I muit beg 
 
 to 
 
{ 29 ) 
 
 to know by what law you have the picking of the Jury, and that 
 you alone have the picking of them. 
 
 Lord-. Abercromble. His Lordfhip is not pickirtgbut naming the 
 Jury, according to the eftabliihed law and the cftablilhed Coii- 
 ititution ot" the country ; and the gentleman at the bar has no 
 right to put fuch a cjiieilion. 
 
 William Smith, ikibler. 
 
 Charles I\obertfon, painter. 
 
 John Baifour. merchant. 
 
 John Wilfon, coach maker. 
 
 William Ain.flie, facller. 
 
 William Pirnie, archite<fr.. 
 
 Samuel Anderfon, banker. 
 
 Robert Burns, architect. 
 
 Macduff Kart, flioemiiker. 
 
 John White, merchant. 
 
 Evidence for the Crown. 
 (William Scott, called in.) 
 
 Lnrd Ik'nJerlrtud. Have yon a-iy objection to this witnefs? 
 
 Mr. Margaret. According to the method in which you pro>- 
 ceecl, it appears to me very needlefs to make objections ; other- 
 wife, undoubtedly, my Loui, under the Britifli Constitution, 
 acting up to the fpirit of it, that, svitnc-fs is not competent ; he is 
 a dependant, or hanger on upon the public prclecutor, and in 
 puty public proJecutor ; you may repel it or not 
 
 a'5ts as dep 
 as yon pleaie. 
 
 Lnrd Jujtict Clerk. I dare fay, your Lord fhips will pleafe to 
 repel that objection. 
 
 (The wittiifi fivorn.) 
 
 Q. Do you recoiled on the evening of the 5th of December 
 lall:, going to apprehend the Pannel for examination ? A. I do. 
 
 O. Was you prelont when he \vas brought up tor examination? 
 
 A. I employed Lion, the mefienoer, to apprehend him, and 
 was p relent at the Sherisf Clerk's oflice, when he was examined. 
 
 Q^ Did he upon that occafion make a declaration ? d. Hedicl. 
 
 .Q. Did he appear to be fbber and of found mind, at the time 
 he emitted that declaration ? A. Yes. 
 
 Q. Freely, and without compulsion ? A. Yes. 
 
 J2; Did you fubfcrihe your witneis ro that declaration ? 
 
 A. I did. a 
 
 ,<X T.ook if that is your fubfcription. 
 
 A. That is the declaration. 
 
 . Were ar.y papers at that time produced, claimed bv the 
 Pjinuel r 
 
 * A. The ofHcer who executed the warrant reported to me, 
 that he found Mr. Margaret and Mr, Gerald in the feme room, 
 
 that 
 
{ 3 ) 
 
 that he had taken into his pofiefiion feveral papers, part of them 
 he defcribed to be Mr. Gerald's, pure of them to be Mr. Marga- 
 ret's ; they weie.put into, a trunk together, this trunk \vas 
 brought to the olKce, and after he was examined, he was defined 
 to give the key, that it might be opened ; he declined to do To, 
 upon which we applied for a warrant to have the trunk opened, 
 \vhich was carried into execution ; it was infpecled in the pre- 
 tence of Mr. Margaret and Mr. Gerald. He was brought to the 
 office upon a fecond warrant, and Mr. Gerald alfo attended, he 
 refuted men to give ic up without force, and he held it in hit 
 hand and laid, I will not give it up, but you may take it ; he faid, 
 he would not witnefs the trunk being opened, and turned round 
 and looked out .of the window. Upon the trunk being opened, 
 there were fbme articles that did not relate to the bufineis in 
 hand, particularly a pocket-book of Mr. Margarot's, and feme- 
 thing of Mr. Gerald's, which were reftored ; and thole that were 
 coiifidered relative to the bufineTs were entered into an inventory." 
 
 Qi Did you fubfcribe that inventory ? A. I did. 
 
 Q. Do you know that to be the fame (fhewing him the in- 
 veatory) ? 
 
 A. This is the fame, it is figned by Mr. Gerald and me, on 
 every page, but Mr. Margaret declined figning it. 
 
 j^. Did you at that time identify the papers that you found ? 
 
 A. I did. 
 
 & Will you take the trouble of looking over thefe papers, and 
 fee if they are the fame, and go thro ugh .them accurately ? 
 - A. The tirft is a paper containing two letters figtied William 
 Skirving. 
 
 Q Thefe are the papers Mr. Margaret claimed as his , ? 
 
 A. Yes. 
 
 The feccnd is a manufcript of a plan for fupporting the Ga- 
 zetteer, fubmitted to the confidcration of the friends of the peo- 
 ple, which is figned in the fame manner. 
 
 The third, is a bundle of papers tied up, and labelled papers 
 for the Committee of Union. 
 
 The fourth, is a letter dated the i5th November, 1,793, figned 
 Thomas Hardy, fecretary, addrefled to Citizen Margaret and 
 Citizen Gerald, delegates. 
 
 The fifth, is a letter from ditto to ditto, 22d November, ad- 
 drefled Citizen Margaret and Citizen Gerald. 
 
 The fixth, is another letter, the 29th of November, addrefled 
 to Maurice Margarot and Jofeph Gerald, delegates. 
 
 The feveuth,is another letter from Thomas Hardy, nated the 
 28th November, addrefled to Mr. Margaret and Mr. Gerald, de- 
 legates from London. 
 
 The eighth, two pages of manufcript, beginning, organization 
 of primary aflcmblies, aflembled for the purpofe of electing re- 
 prefentaiives. 
 
 The ninth, a manufcript entitled the co-nftitution, and in it 
 
 \verc 
 
3 
 
 were found other papers relative to the regulations to be adopt* 
 ed in the Convention. 
 
 <. Have yon now gone through tke articles claimed by Mr. 
 Margarot ? A. Yes. 
 
 <. Were there feveral articles claimed by Mr. Gerald ? 
 
 d. Yes. 
 
 Q. Were they identified in the fame manner ? 
 
 A. They were. 
 
 >. In the declaration you heard emitted by the Pannel, of 
 the 5th of December, did he refer to any motion ? 
 
 A. *lf your Lordfhip will caufe the declaration to be read, I 
 mall be better able to tell you. 
 
 (The declaration handed to theiuitnefsyivho reads it.) 
 
 Q. Was there any reference to a motion ? //. Yes. 
 
 j. Was any paper found in the Pannel's pofMion ? 
 
 A. There was a paper found when Mr. Skirving was appre- 
 hended ; then atnongft other papers this motion was found, and 
 when this gentleman was examined, this paper was lliewn to 
 him, and the queftion dated in the declaration put to him ; it 
 was found in the pofleflion of Mr. Skirving, the fecretary to the 
 Convention, upon the fame morning that Mr. Margarot was 
 taken tip. 
 
 >. Did yon put any mark upon that paper, by which you 
 iiiould know it again f 
 
 A* Y-e's, I put my initials upon it ; it is a motion figned by Mr. 
 Margarot and feconded by John Warcllaw. 
 
 Q_ At the time the fecretary 's papers came to be infpedtedin 
 your prefcnce, was there a paper difcovered amongft them, 
 bearing to be the minutes of the Convention \,A. There was. 
 
 Q. Did you put any mark or fubfcription upon that at the 
 time, fo that you mould know it again ? A. I did. 
 
 Q. Did you look through it? A. I did read the whole of it. 
 
 j. How were thefe papers of the fecretary brought before 
 yo % u ? 
 
 A. By a warrant. The papers were found fealed in the fecre- 
 fary's houfe, and were brought in that (ituation to the Sheriff 
 tie! k's office, and they were there with the reft. 
 
 Q. Did you attend the magistrates of this ciry on the even- 
 ing of the 5th of December, when they went to difperfe this con- 
 vention ? 
 
 'A. No,- I did on the 6;h, the Convention had aflemLled ; the 
 Provolt went along with the f tit-riff' s fubflritiite, Mr. Davidfon, 
 and the magtttrates, and I accompanied them upon that bcca- 
 iion. I foMnd Mr. Margarot {binding by a table, and the rhair 
 Handin emt. T/se fir ft thin that I heard 
 
 was Handing empty. T/se fir ft thing that I heard was, Mr. 
 garot faid, they were met for a conn 1 itutionai purpofe; they 
 were going to petition either the Kingor Parliament:, I lannoc 
 fay which ; and it was (hid by fomebody, that they could not 
 proceed to bufmefs till the chair was taken : I\ir, Mar&urot was 
 
 called 
 
( 32 ) 
 
 called upon to fatce the chair, whic!) he acrordinely did. Mr. Da- 
 vidfon a iked, if it was the Britifli Convention ? upon behi<; told 
 it was, he told them thai: they came for the pur 'pole of diimiffi'ijg 
 them, and that they mould not proceejj 10 any buliueis ; the 
 anfwer -was, that they woviM not till force was uied, and parti- 
 tic ularly the Pannel fa'ui, ihat he would not leave the chair, as 
 he was then difcharpiii-r his duty, till force was ufed ; to that 
 Mr. Davidfon laid, 'he fjppofed any thin** that had that appear- 
 ance would be fatisfa&ory, and took Mr. Margaret by the band, 
 upon which he left the chair: upon his leaving the chair, there 
 was a call for Mr. Gerald to take the chair, which he according- 
 ly did, and the fame form was ufedwhh legarcl to him : Tvlr. Da* 
 vidfon took him by the hand, and it \\as then called out that 
 they never dilVniiTc'd vvithotu prayer, nnd Mr. Gerald prayed 
 and then came out of the chair ; ir was then fait! by fomebody, 
 that though they were now difmifled, they would remember 
 that they were permanent, that they had voted themfelvea per- 
 manent the night before. 
 
 Q. Did this happen the day after the Funnel had been exam- 
 ined before the Sheriff, and liberated upon his finding bail ? 
 
 A. Yes. 
 
 Q. Was it Ofi account of a charge of feditions p'-?etices of 
 the lame nature that he was brought before the Sheriff? 
 
 A. It was for being a member of that Con vendor. 
 (W'tlnam Scoff crofs examined h Mr. M.irgarot.) 
 
 Q. By virtue of what authority did you employ Lyon, the 
 meflenger, to aiTeft me ? 
 
 //. By virtue of a warrant which I had obtained from the 
 Sheriff of Edinburgh, a.. Procurator-Fifcal. 
 
 Q. Was that warrant granted at your reqtiifition ? 
 
 A. It was. 
 
 j(?_. Now anfwer 1 me ferioufly one qneiHon ; from \vhcm did 
 you receive the order to ap}>ly for that eqtnfitien ? 
 
 A, That certainly has not any connection with the prefenl 
 buiinefs ; and 1 think I am not bound to anfwer that queltion. 
 
 Q. It has, Sir ! and you muft anfwer it, as you appear before 
 God at the great day. (The wittiefs htftated). 
 
 Mr. Margaret. My Lord, I mull: have the protection of the 
 Court. 
 
 Lordjufi'ct Clerk. I doii't think it proper he fhould tell who 
 gave the information. 
 
 Lord Ahercrombis. I am of the fame opinion. 
 
 Lord Ejkvro-js. He a<fte<l as Procurator-Fifcal of RcUTiburgh, 
 sd therefore he i no more liable, or bound to lay, who was 
 ins private informer, than irty Lord A vvocate is. 
 
 Lot'd Dunfinnan* Iris entering into an inveftigation %v 
 the Par.i7.el has no ric'nt fo make. 
 
 Lwd S:vintoi>. 1 am of the fnvie opinion. 
 
 Mr. MargarrA* My Lords. I hope I have not put an improper 
 
 queftion : 
 
( 33 ) 
 
 queftion : I know it is cuftomary at Venice ; they have a lion's 
 month to receive all private f'ecret in formation, but I did iiot 
 know that it was ib here; I thought that juftice was open. 
 
 Lord dbercrrjmbis. I am lorry to obferve, that from the begin- 
 ning of this trial, the Pannel has betrayed the grciiell ignorance 
 of the laws of this country ; and I muft regret that he has not had 
 the advice of thole who know better ; but if he is to objecl. to 
 things in tins way, ! truft he will do it, for his own fake, in a 
 decent manner. 
 
 JVlr. ]\'lar?firr,t. Then ! am to imderftand that the reception 
 of ferret information, is a part of the laws of the country. Thb 
 officer found Mr. Gerald and me in the fame room ? 
 
 A. I was told ib ; but that is only from report. 
 
 Q. Where was that room i at the Black Bull ? 
 
 A. Yes ; I was told fo. 
 
 Q. At a public inn ? A. Yes. 
 
 O. Was the door locked ? A. I cannot fay. 
 
 (T. How do you afcertain that thofe papers were mine which 
 you have j uft now produced ? 
 
 A. I have told all that I can ; it was from Mr. Gerald's and 
 your own pointing them out. 
 
 Q. 1 umterftand yon have faid that I emitted a declaration : 
 a declaration,, if I underiland it rightly, is a certain verbal ac- 
 knowledgment ? 
 
 A. A declaration may be negative, nnd it is flill a declaration. 
 
 Lord ty flics Clerk.- You may make a declaration that you arc 
 innocent as well as that you are guilty. 
 
 Mr. Margaret. It would have much the fame effect. What 
 reafoii did I allege for refuling to emit a declaration ? 
 
 A. I don't recollect. 
 
 (X In tbe courfe of your practice do you know any law which 
 enforces a private interrogatory ? 
 
 />//-. $r,!-citGr General. If the gentleman is an attorney, as I 
 am toid, 1 iho.uld like to know whether he would be fullered to 
 go on in this way in the courts of Weftrni lifter- Hall? 
 
 Lor A Ju Pice Clerk. It is certainly not a queftion fit for the vvit- 
 nefs to anfwcr. 
 
 Mr. Murgarot. Have you any mode of difiingrjhliine; thofe 
 papers found in my trunk from thofe that belonged to Mr. Ge- 
 rald in the fame trunk ? A. I cannot fay. 
 
 Q. Then it may happen that you may have intermixed a pa- 
 per of Mr. Gerald's and a paper of mine ? ^ 
 
 A. No ; they were taken down diftincftly, and marked with 
 your own initials in your own prcfence. 
 
 Oj- Who arranged the papers ? 
 
 A. I arranged them in yoar prefence ; I took them out at 
 leaft. 
 
 Lwd J:ifi>ce Chrk. Did yon not fay, the pannel picked out 
 ins papers and Mr. Gerald his ? 
 
 E A. Yes; 
 
( 34 ) 
 
 A. Yes ; there was a paper put in, and all below that be- 
 longed to the Pannel. 
 
 >. Did I not obierve to you at the time, that being in an 
 inn, we could not be anfwerable for what papers were found in 
 our room ? A. I dare fay you did. 
 
 Q. Did I not fay, that even the meflenger might bring that 
 paper, if he thought proper, and huftle them into the trunk at 
 once? A. So you did. 
 
 Q. By what means are you certain, that the papers which 
 you found in Mr. Skirving's poileHion were minutes of the con- 
 vention ? 
 
 A. From various circumftances ; but I fubmit again to the 
 court, whether it is proper to anfwer that ? 
 
 Lordjujhct Clerk. Yes ; you muft give anfwers to legal auef- 
 tions. 
 
 A. The minutes were eftablifhed to be minutes of the Con- 
 vention, by fome of the members. 
 
 Q. You accompanied the Sheriff 10 Mr. Laing's room. 
 
 A. Yes. 
 
 CJ. Did I fay any thing to yon at the time ? 
 
 A. Yes ; you was the firft perfon that called to me, handed 
 me a morion, and defired I woulc! read it; i told him I had no- 
 thing to do with it : it was a motion to petition the King, or 
 fbmethinor of that kind. 
 
 Q. Do you recollect the Sheriff Subftitute faying, that he 
 acled by orders ? 
 
 A- I cannot fay; but he certainly told you, he caine for the 
 exprefs purpofe of difmifiingthat meeting, and that you tnuft do 
 n-o bufiaeis as a Britifh Convention. 
 
 Q. Did I not fpeak to you ; and you afterwards anfwered me, 
 that you was doing your duty ? 
 
 A. Yes ; by amending the Sheriffs. 
 
 Q. You fay that the meeting ended with prayer ; can you 
 recoiled that prayer ? A. I cannot. 
 
 X Does beginning and doling a meeting, for obtaining a 
 reform in Parliament, with prayer, apply to the word Sedition ? 
 
 Lord Juftice Clerk. That is a very improper qucltion. 
 
 Q. Did the petition for the warrant ilate, that I had met 
 with others in Laing's workfliop, that I hod been forced from 
 the chair, that we had (aid that we were aiiembled for petition- 
 ing a reform of parliament, and clofed with prayer ? Was iliat 
 warrant which to.|jk me up then the fame as before ? 
 
 A. The warrant could not mention it, becaufe the petition 
 was two days before the warrant was obtained ; it could na 
 mention that which did not take place for two days afterwards. 
 (Harry Davldjcn fact'?:.) 
 
 Q. Do you recollect the Pamiei' being brought before you 
 the 5th of December for examination ? A. I do. 
 
 O. Did lie at that time emit a declaration in your prefence ? 
 
 A. He 
 
C 35 ) 
 
 A. He did. 
 
 p. Did he do it voluntarily, and without compulfion ? 
 A. Yes. 
 
 O. Was he fober, and of found mind ? A. Yes. 
 O. Did you fubfcribe that declaration ? A. I did. 
 Q. Look and fee if that is it. It is the fame. 
 ). Is there any reference in that declaration to a motion ? 
 A. Yes. 
 
 O. Was there n. paper found in the fecretary's pofleffion 
 which appeared to be that motion ? A. Yes. 
 
 Q. Did you put any mark upon the paper fo as to know it 
 again ? A. Yes ; this is it. 
 
 Q. Do yon recoiled: any other papers having been produced 
 at that examination or afterwards ? 
 
 A. There were no papers produced that clay ; the next day 
 there were papers taken from a trunk of his, of which an inven- 
 tory was made, which I identified. 
 
 O. Was that trunk brought along with him ?~A. Yes. 
 Q! Was he aiked for the key of that trunk ? 
 A. Yes ; and he declined giving it up. 
 Q. Was there any feal put upon it ? 
 A. Not in my prefence ; I .undevftand there was. 
 Q. When it was opened the following day, was any inven- 
 tory made of the contents ? A. Yes. 
 
 Q. Were there any papers other than thofe claimed by the 
 runnel ?---A. Yes ; papers belonging to Mr. Gerald. 
 
 O. Were thofe claimed by the "Pannel feparated from thofe 
 claimed by Mr. Gerald > 
 
 A. Yes ; and an inventory was made of both, and they ac- 
 quiefcecl in both. 
 
 O. And was it done in their prefence ? A. Yes. 
 O. Did you fubfcribe that inventory ?---A. Yes. 
 Q. Did you likewife put any mark upon the articles which 
 it contains ?--. A. Yes. 
 
 O. Did you compare thofe articles which have your fuper- 
 fcription with the articles which are in the inventory ? 
 
 A. Yes ; it was only thofe that were relating to the bufinefs 
 in hand that were put in the inventory. (Examines and compares 
 them.} They are all marked by me. 
 
 >. Do you recollect why Mr. Margarot was liberated ? 
 A. Upon finding bail. 
 
 Q. What was the nature of the charge agaiult him for which 
 he was brought before you for examination ? 
 
 A. For (editions practices, as being a member of the meeting 
 calling themfelves the Britiih Convention of the Delegates of the 
 Friends of the people. 
 
 Q. Do you recollect to have gene in the execution of your 
 duty to a wright's fhop on the fouth Tide of the town, the 6th of 
 December, with a view of difperfuig this meeting?-- -A. I did. 
 
 O. Be 
 
( 36 ) 
 
 ); Be fo obliging to mention to the Court and Jury \\iiat 
 pafled when you fo svent to that meeting. 
 
 A. It was on Friday evening, the 6di of December, I went 
 and attended the Lord Provolt, Nvith the r.iagillrates of the 
 city ; a great number of people v/ere aiiembled in a Wright's 
 fhop, and I went immediately np to tlie table, where I law fonie 
 people whole faces I recognized ; Mr. Skirving, Mr. Brown, 
 Mr. Margaror, and feveral others ; I nfked what the meeiing 
 was ? I did not get a direct anfwer ; I afked if it was the Bririfh 
 Convention . ? One of the members, and I think it M as Mr. 
 Margarot, laid that it was ; I told him that I was Sheriff Siibili- 
 tute for the county, and that I came there to difperfe that meet- 
 ing, which was an illegal one, npon this fome conversation took 
 place ; and I think Mr. Margarot was the man who (poke mod 
 on account of the Convention ; he faid, they were met peacea- 
 bly, that- it was a legal Coiiititmional Meeting, and that they 
 were rhen met for a petition to Parliament. I told him, that 
 jny refolaiion had been taken before I came there ; that I canie 
 with a determination to difperfe that meeting; that no words 
 were necedry, no argument that they conld ufe could alter my 
 determination: fome more converfation took place. Mr. Mar- 
 garot, finding I was determined upon it, faid that he would take 
 the chair, with the approbation of the meeting, which wa 
 then empty; accordingly npon this, he was nnanimouily- called 
 to the chair : I think before he took the chair, he (ail, the 
 meeting would not difperfe without force was vifed ; I told him,. 
 I hoped it would be unneceflary to ufe force, but if it was ne- 
 cefl'iry, I mould certainly make nfe of it. He took the chair, 
 and finding they would not difperfe without ibme force, I took 
 him by the arm, which he conlidered as force, and he came 
 out of the chair ; immediately upon his doing fo, Mr. Gerald, 
 another of the gentlemen prefenr, took the chair ; I told him I 
 really thought that it was improper that another perfon Should 
 do the fame thing, if they were all to take the chair c^e afrer 
 another; I hoped they would not think that neceilavv j however 
 1 took the HTame method of forcing Mr. Gerald from the ci^Ir 
 that I did Mr. Margarot: Mr. Gerald then made an- extem- 
 pore prayer, and left the chair. Mr. Margarot, among!!: 
 ether things that he mentioned, faid, the meeting of the Con- 
 vention had declared themfelves permament. I toul him it 
 anight be fo, but I was determined they mould- not meet within 
 the county where I had a jurifdicuon. 1 thi- k ihcy ca!lpfi ont 
 for the nentlemen to dilpcrie, and by degrees they difperfed; 
 and I faw the lafl perfon out, and favv ih-j doo? locked _, and 
 took the key. 
 
 Q. You (aid you recognized feveral rerff-fss ; a^ong others, 
 the Pannel at the bar, and Mr. Gerald ; how venire J'OTJ to -f'g- 
 nize the Pannel partic!mly ? 
 
 A, Cecaufe 
 
( 37 > 
 
 A. Beeaufe he had been before me the night before, and had 
 been examined upon the charge I have already mentioned. 
 
 Q. You had granted bail r A, \e*. 
 
 (ticvi-y D*:v-J!lu err a .d by Mr. Mc.rgtn't.) 
 
 Q. How are you fisrethac the motion which yo-j found in the 
 pofieliion of Mr. Skirving is in my hand writing, as you have 
 declared.it to be ? 
 
 A. 1 did net allert that it was your nandwriting, at leaft I did 
 not mean to fay fo. 
 
 O. Did I nor give one uniform reafon for declining to emit a 
 declaration, for refufiag to give up the key of my trunk, and 
 for aliening the right of the Convention to me<ft ; did I not fay, 
 that the proceedings againit them were illegal ? A. You cer- 
 tainly did. 
 
 O. Did I not afk you, why you would interrupt us in our le- 
 gal proceedings? and did you not aafvver me, that you . nolcd 
 according to order? Remember, Sir, that you ave upon your 
 oath. 
 
 A. I cannot fay that I recoiled, whether I 'aid by order ; as 
 Sheriff lubftitme of the County, I acted by my own authority; 
 I do not recollect the precife words I may have ufed, but 1 was 
 certainly acting as Sheriff of the County. 
 
 O. What could induce you to think that a meeting like that 
 was illegal ? 
 
 Lord Jufticc Clerk. That is not a proper queftion. 
 
 Mr. Margarof. It only hinges upon another. Did you fe- at 
 the time of your entrance there, any coniuiion, vict, ov diiordcr ? 
 
 A. 1 did not. 
 
 O. Did yon on the contrary, perceive the bufinefs of the even- 
 ing curried on with regularity ? 
 
 A. There was but little bufineft going on after I came in, 
 Mr. Gerald was upon his legs fpeaking, and I certainly inter- 
 rupted, him. 
 
 (X Was prayer called for ? 
 
 A. It was. I do not know whether it was not you tint fa:d 
 it was not ufual that the meeting llioultl depart without prayer; 
 and I believe I gave con fen t that prayer ilioi'ld be made. 
 
 Q; O, yon did confent to that ? Do you recpllecl the fub;e.' c 
 of the debate . ? 
 
 A. I -think you, or fome other perfon, put into my hand u 
 fmall piece of paper, upon which was wrote a petition to Far- 
 liament, which you faiti was the fubjeCt of the 
 
 Mr. Mwgarot. Of the order of the day. 
 
 A. That the pur pole of tiieir meeting was to petition Parlia- 
 ment. 
 
 O. I hope the order of the day is not 311 o^';n??, bccanfe I 
 believe it is made nfc.of iomctimes in the Fo-^'e of Conimons. 
 
 Cfjunfcl -for the Crown. The witneft has fpoke of liie mpiiou 
 referred to in the declaration. Was there any paper iouncl iu 
 
 Mr. 
 
Mr. Skirvlng's pOiiefEon, which was entitled Minutes of the 
 Convention. 
 
 A. There were a number of things found in Mr. Skirving's 
 pofleifion j amongft which, a fcroll of the Minutes of the Con- 
 vention. 
 
 Q. Should you know it sanin ? A. Yes. 
 
 Q. Look at that and fee if that is it ? A. It 5s. 
 
 Mr. Margttrnt. How arc you certain that tiiefe are the mi- 
 nutes of the Britiih Convention. 
 
 A. I can only fay, that thefe are papers which were found in 
 Mr. Skirving's pofi'eiiion, and they were acknowledged to he fo 
 by various people, who were examined before me ; that is the 
 only reafon 1 have : I did not fee them in the Convention. 
 
 Q. There is another quellion which I hope your Lordfhips 
 will nor think improper. In your office as Sheriff, have yon TO 
 the ben; of your judgment acted according to the laws of your 
 country, or have you acted by iliperior orders ? 
 
 A* I certainly would execute no orders, imlefs I was certain 
 they were according to the laws of rny country. 
 
 X Am 1 to infer from hence, that von received orders ? 
 
 Lord Jvftic? Clerk. Ic is not a proper fubject of evidence. 
 
 Mr. Margarvi. I put myfelf under your correction at the time 
 I darted the queiiion ; however, it may not be a mils that the 
 queftion was itarteJ, though it is not anfwered. 
 
 Q. Do yon recolletffc being prefer. t when Mr. Skirvjng, the 
 late Secretary of the Convention of the Friends of the People, 
 was brought before the ilienil" for examination . ? A. Yes. 
 
 O. Were there certain bags of papers brought along with 
 him for infpeftion ? A. \es. 
 
 ). Was you prefen . when thofe bags were opened ? 
 
 A. I was, when they were put into the inventory, which was 
 very foon after or immediately after they were opened. 
 
 Q. Was Skirvinjr -prefent ? A. Yes. 
 
 Q. Do you recoli^Jl amon/f othei- papers found in this bag, 
 one being found, entitled the Scroll of the Minutes of the Con- 
 vention ? A. Yes. 
 
 Q. Was it in your hand, that you had an opportunity of ob- 
 ferving is at that tim;> ? 
 
 A. I both fli\v it then, and at Mr. Skirvinn's houfe ; they 
 were carried in a bajr from his houfe to the fheriff clerk's office, 
 and there entered inco aji inventory that is the paper. 
 
 Qj And you now recognize it as* the fame ? 
 
 A. (Looks over it) Yes, k is the &i,;e. 
 
 Mack crofs examined by Mr. Margaret. 
 
 Q. You act as notarv, do you not . ? A. No, I do rot. 
 
 O. Or 
 
( 39 ) 
 
 Q. Or as clerk to the fherifF? 
 
 A! Yes, writing clerk to the fheriff. 
 
 Q^. Did you hear me proteit againlfc the illegality of all the 
 proceedings which had taker, place ? 
 
 A. You offered to make a proteil, but it was refnfed to you. 
 
 Q. You are certain that I offered, to make one ? A. Yes. 
 
 0. A written on-e ? 
 
 A. I do not recoiled: whether it was written or net : I think 
 it is probable it was, but 1 cannot lay I v\as not a notary, 
 
 James Lyon called. 
 
 Mr. Margarot. I have objections to that witnefs, on account 
 of certain exprelfions of his, and I have a witnefs now attending 
 to prove thcife words. I don't know whether that witnefs. 
 ihould be brought i" at preient to prove this, or whether it 
 fhoultl be kept back till the witneiles for the profecution are 
 gone through. 
 
 Lord Juftice Clerk. What do vou propofe to prove ? 
 
 Mr. Margaret. That he ccntidered him! elf as my enemy; 
 thefe are nearly the words, I look upon mylelf to beyotir enemy; 
 or fomethiug ro that effect. 
 
 Q. Can you condefceiid upon any reafon, why he fhould have 
 any enmity to you ? 
 
 Mr. Margaret. I have not the Jkill of other people ; T cannot 
 dive into meiis hearts ; 1 find him a very officious time-it/ving 
 man. 
 
 Lord J;iftice Clerk. Ke mud anfwer that queflion upon oath, 
 w he; her he has any malice or ill will. 
 
 (Sworn.) 
 
 Lord JufHce Clerk. Look upon the pannel at the bar ; have 
 you any malice or ill-will againit that perfon ? 
 
 A. None at all. 
 
 Q. Did you ever fay that yon were his enemy ? A, Never. 
 
 Lfjrd Jrt/i/c? Cii'rk. You may alk him the queftion again, Mr. 
 Mar.^aror. 
 
 M'\ argarot. I would wifh to have my vritnefs produced in 
 court ; it is not my aflxing him the quettion merely, Do you not 
 recollect faying one day thai you coniidered yourfelf as my 
 enemy ? A. Not at an. 
 
 Lor -d Ahcrcrorn blc. The court have uniformly l;<id this down 
 as a rule, thrvt no general charge of a \viinefs n:aking nfe of an ex- 
 preflion of that nature fliall be fudicient to invalidate his tefti- 
 inony, and for this reafoa, tltar it would put it in the power of 
 cry witm/fs whatever, .if he wimed to favour the par.nel, to dil- 
 qualify i>iuifeU* by uttering Come vague expreiTion of ill-will. 
 
 L f >rd 4 'Jk^ro-i'C. What are you ? A. A meficnger. 
 
 Lord Ahoc.-fc. Did you execute a warrant againil the panne! ? 
 A. Yes. 
 
 LorJ 
 
( 40 ) 
 
 Ahocaie. And againft any booy clfe ? 
 
 A. Yes; JVlr. Gerald.- 
 
 O. Where was yon informed thefe perfons refided ? 
 
 A. At the Black Bull. 
 
 <,). Were you to take into yor.r cuftody any papers that you 
 found? A. Yes. 
 * Q; At what time in the morning was it ? 
 
 A. To the belt of my kiijbwled-e about feven o'clock. 
 
 Qj Tell the court and jury what puffed. 
 
 ^. I nfked for fuch gentlemen, I a iked for their rooms ; the 
 waiter declined /hewing me, but told me the number of their 
 looms ; I went into the room where Mr. Gerald and Mr. Mar- 
 gin ot v r i - : i: hey were each in feparaie beds in the fame room. 
 
 O^ Did yoa tell them you had a warrant agninft them? 
 
 A. Yes; then 1 went to Mr. Sinclair's room, and locked up 
 nil Mr. Margaret's papers, and Mr. Gerald's and Mr. Sinclair's 
 nlio ; Mr. Margaret faid he would put his papers into a little 
 trunk, which 1 did not objevft to. 
 
 Q. Did lie accordingly do fo ? 
 
 A. He afkecl Mr. Gerald if he would put his in, upon which 
 Tie agreed to it, and the papers were put in ; and when I was 
 away and came back for them, he (aid he would not give them 
 me ; I fair! 1 would take them ; he laid I might take them at my 
 peril, an-1 I (aid I fhonld not nake any fcruple about it. 
 
 O. Did the key remain in his poHeiiion after the paper was 
 taken sway ? 
 
 A. Yes, the trunk was locked and he kept the key, 
 
 O. Did you "ike rtu 1 trunkaud him with you to the merit's? 
 
 'A. Yes/aiul Mv. Gerald. 
 
 Q. Was yon prefent when the trunk was opened and the 
 contents examined? A. I was. 
 
 O. Did the pannel agree to open the trunk hhnfelf, or was it 
 opened ? 
 
 A. The next clay when he was before the fheriif, he held the 
 
 key in his hfcrtd ; he faid he wouhl not give it up, but we might 
 rake it from him ; upon which the JlicrilF fnbititute clt-iired me 
 to take it frosii him, which I did ; the trunk was then opened 
 and infpected. 
 
 j^. Were tho'e belonjring to the paniiel diilinguiflied from 
 ihofe belongjii^to Mr. Gerald ? 
 
 A. Each of a hem claimed feparatelv what belonged to him- 
 it-if. 
 
 Q. V,"as there any inventory made of thofe papers? 
 
 si \es. 
 
 ii. Did yon put any mark npon tliofe papers? A. \ did. 
 
 Look at tlioie papers deliberately, and fee if they are the 
 
 s?. (tfxJmfce's anl c-spp wcs ibem ivith ihi invsntsry.) Yes ; they 
 art the iaine ; they have my initial. 
 
 Q. When 
 
Q. When you went to the Black Bull had you any affiftants 
 \vithyou .' 
 
 A. Yes, John M< Donald and Neil M'Glafkah were both in 
 the room along with me. 
 
 James Lyon crofs examined by Mr. Margaret. 
 
 Q. Yon found us in bed \~A. Yes. 
 
 Q. Did we mow any difpdfaion of refiftancc, or rather tef- 
 tify the gre.arell alacrity to go with you ? 
 
 A. You fhewed no difpofition to make* any refiftance; you 
 did not refute to come along with us, 
 
 Q. Did we make you wait long in dreffing ? A. No. 
 
 Q Did you mew us the warrants ? 
 
 A. No, nor you did afk it. 
 
 Q. Did we never afk you to fee the warrant ? A. No. 
 
 jj. Where did you find the papers in the room ? ' 
 
 si. I found fome upon the top of the drawers' head, fome in 
 the drawers, and fome out in a trunk. 
 
 Q. Were the drawers locked ? A. No. 
 
 Q^ Was the door of the room locked ? 
 
 A. No, I knocked at the door, and you defired me to come 
 In, and of.courfe I opened the door. 
 
 Q. Were t-he papers in a (late of arrangement when you took 
 them off the drawers, and out of the drawers? 
 
 A. No, by no means. 
 
 Q. Were they not rather confufed ? 
 
 A. Yes ; they were a little confufed. 
 
 Q. Were there fome in one place, and others in others? 
 
 A. Yes, fome I got out of the trunk, and fome in the draw- 
 ers, and fonae off the drawers. 
 
 Q. Were there papers in more than one drawer ? 
 A. I believe there were ; I cannot (ay. 
 Q^. . But the drawers were not locked ? 
 A. I believe not; at leaft I broke none of them open. 
 
 John Macdonald fworn. 
 
 <. Did you go along with Mr. Lyon, the meflenger, to affiQ: 
 him to execute a warrant againft the Pannel at the bar, on the 
 5th December lad ? -A. Yes. 
 
 Q. Where did you go r 
 
 A. To the Black Bull, at the head of Leith Walk, 
 
 Q. Tell us, as far as you recoiled:, what paded upon that 
 occadon ? 
 
 A. 1 went into the houfc, and Hood there till the door was 
 
 opened; Mr. Lyon went in; he went up the ftair, and this 
 
 gentleman and another were in t^he bed-room, but had^iot got 
 
 their clothes on, and we itood at the door ti!! they were ready ; 
 
 * F and 
 
( 4* ) 
 
 and Mr. Lyon took what papers he could find, and they were 
 put into a trunk; the trunk was locked, and he put the key in 
 his pocket, and there was a coach at the door ; and I took down 
 the trunk, and put in the chaife, and he came along with us, 
 and I got at the back of the chaife, and went to the Sheriff 
 Clerk's Office, and left the trunk at the office. 
 
 Q. You have mentioned what palled in the room, and the 
 manner in which the* papers were put in the trunk ; now, 4*d 
 the Pannel himfclf put any of the papers in ? 
 
 A. Yes; he was helping. 
 
 Q. Did Mf Gerald Jikewife affift to put the papers in tlie 
 trunk ? 
 
 A. Yes ; Mr. Gerald's papers were put in firfl, and then 
 Mr. Margaret's, and then the trunk was locked and carried to 
 the Sheriff Clerk's OrHce. 
 
 John Macdonald, crofs examined by Mr. Margarot. 
 
 Q; Could you at that time difcriminnre which were in y pa* 
 pers and which were thofe of Mr. Gerald ? 
 
 A. I can neither tell which were yours, r,or which were his ; 
 but, it is my opinion, your's were nut in firft. 
 
 J2- Were the drawers locked ? A. IsX. 
 
 Q. You did not fee a key in thofe drawers ? A. No. 
 
 O. Was the room door locked? 
 
 A. No, it was open when I came in ; you. was apprehended, 
 I dare fay, before I came in. 
 
 Q. Were the papers put into the trunk tied np in parcels, or 
 loofely ? 
 
 A. Some were tied up, and fome were loofe. 
 
 Q_. Did we tie up any of them before you 
 
 A. I did not fee any ftrirsg tied on them. 
 
 Q. Who took them out of the drawers? 
 
 A. Mr. Lyon took them ,out. 
 
 Q. Do you recoiled: the reafon why Mr. Lyon would not; 
 (hew me the warrant ? 
 
 A. You did not iniift upon mewing it much. 
 
 Q. Did he fhew it? and remember you are upon your oath. 
 
 A. I cannot recoiled". 
 
 j. You well recoiled: that I afked him to produce it? 
 
 A. Yes. 
 
 . And you are not certain that he did fhew it? A. No 
 
 O. But yon perfectly recollect that I aiked him to mew it * 
 
 A. Yes. 
 
 Tlomcts Cobitrn called. 
 
 Lord Juflice Clerk. Have you any objection to this wituefs ? 
 Mi: Margarot. Nt>> my Lord, he looks honefl. (Swor). 
 
 O. Are 
 
( 43 ) 
 
 Q. Are you a member of any of the Societies of Friends of 
 the People? A. I was. 
 
 O. Was you a Delegate from that fociety to the Britifh 
 Convention ? 
 
 A. Yes, I was a member of both. 
 
 O. Did you attend regularly their meeting ? 
 
 A. My bufinefs did not allow me a^regular attendance, but I 
 attended as often as I could. 
 
 Q. Do you recollect, during your attendance at thofe meet- 
 ings, \vhethertherewasany f ubdivifion, . any fmaller meetings 
 that the Convention was divided into ? A. Yes. 
 
 O. What were they called ? 
 
 A. The fii ft name they got, was Divifions ; but they were 
 afterwards called Sections. 
 
 (X What terms did the members of the Convention gene- 
 rally addrefs each other by ? 
 
 A'. The terms were different ; but the general term was, 
 Citizen. 
 
 <. Do yon recollect that you had different Committees ap- 
 pointed in that Convention for the forwarding ot bufinefs . ? 
 
 A. I don't recoiled: feveral Committees. 
 
 Q. But fome ? 
 
 A. 1 have heard Come mentioned. 
 
 O. And what were they called ? 
 
 A. That that I recoiled: moft, at prefent, was the Committee 
 of Union. 
 
 O. Did you ever hear of a Committee of Secrecy ? A. Yes. 
 
 Q. A Convention of Emergency ? 
 
 A. 3 don't recollect the hearing of that. 
 
 O. Do you recollect hearing the term organization men- 
 tioned ? A. I don't remember. 
 
 Q: Kad you primary aflfemblies to refer to ? 
 
 A. I cannot fay. 
 
 (X How were your meetings called ? 
 
 A. It \yas generally called the Briiifh Convention. 
 
 Q. But when yon met on a particular night, and talked about 
 it the next day, what name did you give it ? 
 
 />. The Britifh Convention. 
 
 O. Did you ever ufe the name of fittings? 
 
 A. Yes, frequently. 
 
 Q. You fay you attended as often as your bufinefs permitted I 
 
 A. Yes. 
 
 Q. Have you had occafion to fee the pann'el there ? 
 
 A. Yes, frequently. 
 
 Q. Did yon ever fee him act as Prefes or Chairman at thefe 
 meetings? A. Yes. 
 
 <.- Did you ever hear hirti move any refolutions at thefe 
 meetings^ of any kind ? 
 
 A. I 
 
( 44 ) 
 
 A. I have very frequently beard Mr. Margaret fpeak; but 
 ttnlefs fome particular refolution be mentioned, 1 cannot fay. 
 
 .(^ Do you recollect at any time, any motion or propoial for 
 a Committee of Union ? 
 
 A. No ; I was not prefent then. 
 
 Q. Do you recoiled: his having delivered a fpeecb, at any of 
 the meetings you have attended, that had any relation to a 
 Convention Bill ? A. I cton't recoiled:. 
 
 CX With any reference to fuch a bill as had pafled in Ireland ? 
 A. No. 
 
 Mr. Solicitor Gsr.sraL Do you remember a motion being 
 mnde by Mr. Calendar ? A. Yes. 
 
 Q. Do yon remember any thing what it was about ? 
 A. I remember one of the motions, about the people meet- 
 ing in defence of their liberties, in cafe of any bill being brought 
 into Parliament, fimilar to a Convention Bill in Ireland againlt 
 the Conilituciou of the country. 
 
 Q. What did Mr. Calendar propofe that your Convention 
 ihould do in that cafe ? 
 
 A. 1 recollect a motion of that import being introduced, and 
 that Mr. Calendar acknowledged the motion as his; but as to 
 any thing relative to that motion, I do not know. 
 Q^, Was you prefent when the motion was made \ 
 A. There was a rule in the Convention, that no motion mould 
 be difcufled the fame night on which it was made; 1 was pre- 
 fent when it was brought in by Mr. Calendar. 
 
 Q. What was it that Mr. Calendar propofed mould be 
 done in caie fuch a bill fliould be brought into the Briiiili Par- 
 liament ? 
 
 Mr. Margaret. I object to that queflion, as it refpecls Mr. 
 Calendar, and not me. 
 
 Mr-.-Solicfttr'Gcneta/. It is charged in the indictment ajrainft 
 thts very pannel; and, therefore, I will repeat, the queftion. 
 What was it that Mr. Calendar ptopofed fhoukl be done, in cafe 
 it fhoisld be brought into the Bvitim. Parliament ? 
 
 A. That the people fiiould meet to aflcrt their right, fo far 
 as I recoiled:. 
 
 Q. Was there any debate upnn it that night ? 
 A. It is a rule that there mall be no debate when a qneftion 
 is propofed. 
 
 (X Was you prefent v. hen it was difcuffed ? 
 
 Not when it was difcufied in that lhape in which Mr. 
 Callendar introducer] it ; but I was when it was amended : fofar 
 as I vecolletft, the fpirit of Mr. Calendar's motion ^as retained ; 
 but it was ver" muc'i extended : there was a propci^l of what, 
 in certain events^ flioiikl tdke pl-JCf. I don't clearly rememl.ei' 
 the csrcumftancfs about it ; but it was a motion for a Secret Com- 
 mittee, in cafe thoiV events fhuuld take puce. 
 
 O. Was 
 
( 45 ) 
 
 p. Was it propofed that the Convention mould afiemble in 
 certain events ? 
 
 A. Yes, ic was, that they fhould meet in a certain place, in 
 certain events. 
 
 Q. Now, be fo good as tell us what thofe events were, as far 
 as you remember them ? 
 
 A. The one already named, was that of a bill beinjr brought 
 into Parliament fimilar to the Convention Bill in Ireland ; as to 
 the other, 1 cannot remember. 
 
 Q. Was any thing laid about the fufpenfion of the Habeas 
 Corpus Act? A. I think there was. 
 
 Q. Was there any thing faid about the repeal of the Scotch 
 Ac f t, 1701, of wrongous im prif bnment ? 
 A. I don't recollect that. 
 
 O. Was any thing faid in cafe of an invafion of foreign troops? 
 A. I think I remember that. 
 
 Q. Was any place fixed upon for the meetings ? how was 
 that determined upon? 
 
 A. There was a motion that a place (honld be fixed upon by 
 a Secret Committee ; they were to find out a way of letting the 
 Delegates know of it. 
 
 Q/ Was it not to be published ? A. No. 
 Q. Was it to be told them immediately, or only told them 
 when that emergency mould happen ? 
 
 A. There was a mention of a fealed letter to be given to each 
 Delegate. 
 
 Q. Who made this morion with refpect to the place of meet- 
 ing? A. 1 cannot recollect. 
 (j. Read that paper. 
 
 T'he ID line ft reads it. 
 
 " Citizen Margaret propofed the following motion : Thar a 
 Secret Committee of three, with the Secretary, be appointed to 
 determine the place where fuch Convention ot Emergency iliall 
 meet ; and fuch place mall remain a fecret with them, and wirli 
 the Secretary of this Convention ; and, that the DrJea,ates (hall, 
 at the breaking up of the prefent fell: on, be entrutted with a 
 lealed letter, containing the name of the place of meeting. 
 This letter (hall he delivered unopened to their conilituents -, tlse 
 receipt of which mall be acknowledged by a letter to the Secre- 
 tary, preferved in the lame ftaie, uitil the period Ihall a'-jve at 
 which it mall be deemed neceflary for the Delegates to fet oiV. 
 This motion was fecoiided by Citizen Momu." 
 QJ Is that tite morion ? 
 
 AT To the beiV of my recollection there was a motion of a 
 fimilar in-sport to that. 
 
 Q. Do you know who were the Members of this Secret 
 Committee ? 
 
 A. 1 recollect Tome offhem. 
 
 O. Was Mi. Ma. : varot one of them? 
 
 A. To 
 
A. To the beft of my recollection, he was one of them. 
 
 Q. Do you remember Mr. Margaret making any fpeech to 
 the Can vent ion before he had made his motion ? A. I do not. 
 
 Q. Do you remember his faying any thing at all about its 
 being a toclin ? A. I do not. 
 
 OT You remember that the cafe of the Convention Bill was 
 one of the cafes of emergency ? A. Yes. 
 
 Q. And of the fufpeniion of rhe Habeas Corpus Adi ? 
 
 A. I heard that mentioned. 
 
 Q. You alfo recollect (Something about an invafion being 
 mentioned . ? A. I think I do. 
 
 Q. Did you hear any propofal during the time yon attended 
 this meeting, that this Convention ihould act in cafe they ihoulcl 
 be difperfet 1 , ? A. Yes. 
 
 Q. Who made that motion ? 
 
 A. I do not recoiled: at prefent. 
 
 Q. Do you think Mr. Margarot made a motion of that kind ? 
 
 A. It runs in my mind that he did ; but 1 cannot fwear that 
 it was him. 
 
 Q. Did you hear Mr. Margaret make any fpeech that had a 
 reference to that cafe ? 
 
 A. 1 think I recoiled: fomethmg of Mr. Margarot (peaking 
 as to the propriety of fuch a thing. 
 
 Q. Are yon fure ? 
 
 A. I cannot be particular ; but there is a conceit in my mind 
 that he did. 
 
 (X Do you remember Mr. Sinclair making a motion of that 
 kind ? -A. I think I do. 
 
 Q. Do you remember any thing particular about the pafiing 
 of that ? 
 
 A. So- far as my recollection ferves me, \ve were pretty una- 
 nimous. 
 
 Q, Do yon recoiled all the Convention landing up at the 
 time they pafied it ? A. Yes ; I think I do. 
 
 Q. Did it contain any particular expreffions of their declar- 
 inefbefore God and the world that they would do fo and (b? 
 Do you recoiled tha: that made a part of the motion ? 
 
 A". Certainly -thefe words were mentioned., but I am nor cer- 
 tain whether it was the decided refolution of the Convention or 
 not. 
 
 Q> Do you remember whether this motion, or the refolution 
 of the Convention, bore any thipg that they declared before 
 God and the world that we fliould follow the wholefome ex- 
 ample of former times ? 
 
 A. I cannot fay ; I don't remember it. 
 
 Q. Did it fay any thing about paying no attention to a Con- 
 vention Bill if {it fliould be pafied? 
 
 A. I think there was a mention of fomething firnilar to this, 
 but whether it was made a part of the final reiblution ol the 
 
 Committee, 
 
( 47 ) 
 
 Committee, I cannot tell : there was a great deal of loofe ex- 
 preiiions made n fe of. 
 
 <J). Did you hear any thing faid in the Convention about 
 burning that refolation of Sinclair's ? 
 
 A. No, I heard nothing of that. 
 
 Q. Did you hear any tiling faid about burning any of the 
 other motions ? 
 
 A. I don't recollect; they feemed to be confident of what 
 they were doing, and were not adting under the appreheufion 
 of fear. 
 
 O. Was there any thing find about deftroying or not infertr 
 ing it in the' minutes? A. I don't recollecfc. 
 
 Q. At the time this Secret Committee was appointed, was 
 there any oppofition made to it ? A. 1 don't recollect. 
 
 Thomas Coburn crofs examined by Mr. Margarot. 
 
 O. It feems you are a member of the Britiflj Convention? 
 
 A. I was. 
 
 Q. What is your profeffion ? 
 
 A. My profeffion is partly a manufacturer in the weaving 
 line, and partly a merchant. 
 
 Q; Do you pay any taxes ? I do. 
 
 Q. Do you iind thefe taxes heavy ? 
 
 A. I have very often thought them very heavy. 
 
 Q. You are a member of the Friends of the People ? A. Yes. 
 
 O. What was your reafon for joining the Friends of the 
 People ? 
 
 A. The realbn was, a thorough conviction of the neceffity 
 of a Reform in the Britiih Houfe of Commons. 
 
 Q. What was your reafon of accepting the office of delegate 
 in the Eritifh Convention ? 
 
 Q. It. was to help forward that great and grand obje<5t 
 that fo forcibly itmck my mind. 
 
 O. Did you mean to help it forward by legal means or force 
 of arms ? 
 
 A. Force of -arms was never mentioned in the Convention, 
 and it is thelaft thing that I fhould wifh, to fee a drop of blood 
 fpilt in the caiife. 
 
 (>. In the Britifh Convention did you ever fee any tendency 
 to have reoourfe to o]>on force ? 
 
 A. It was diametrically oppofite to my v jews to have the 
 leaft rccourfe to open force, nor was it the fobjexft of difcufiion 
 in the Convention. 
 
 Q^. Ffave yon heard of a coivmittee of Union ? A. Yes. 
 
 Q. What \vas to be the purport of that Committee of 
 
 T 7 * -i A A 
 
 Union ? 
 
 A. So far as I recoiled., the defign of that Committee was to 
 draw up ; regulatlons ; by which the people of England and Scot- 
 
 land 
 
( 48 ) 
 
 land, :of the fame fentiments, might join in their endeavours to 
 obtain-that object. 
 
 Q. You have heard of a -Convention- of Secrecy likewife ? 
 
 /.* Of a Committee of Secrecy I have. 
 
 Q. Have you ever ft-en it cuftomary in any Clubs, if yon 
 e"er belonged to any, that there ihotild be a certain degree of 
 truii repofed in e fuiall number of confidential men, who ihould 
 form a Coinniktee and retain ibme fecrets to themieives, not to 
 frc divulged to the world? Have you ever \virneiled any fuch, 
 thing, or dees it Itrike yon as an unprecedented thing? 
 
 A. So far from ftriking me as an unprecedented thing, that 
 it Irrikes me upon many occaiions as a necefiary thing, pruden- 
 tial];/ to keep fecrets of every fociety when it is neccilary tor 
 their ime; eft. 
 
 Qj Have you ever heard of a Committee of Organization in 
 the Convention ? A. Yes, I think I have. 
 
 >. What was the drifp-of that Commjttee of Organization ? 
 
 A. What I conceive to be the direct: deilgn of the Committee 
 was to fjvm rules, by which the Convention might regulaie 
 tbemfelves in their prefent and in their fubfequent meetings, if 
 they fhould fee occaiion for any. 
 
 Q. Do you think that the Committee of Organization did 
 notiikewife refer to the internal regulation of the Convention ? 
 
 A. As I meant to exprefs in my Inli: anfvver, I considered the 
 committee of Organization to refer chiefly to ihe internal* af-^ 
 iaira of the Convention, and with refpect to future Conven- 
 tions, if theve mould be fuch. 
 
 ^. I: fcems that you have heard that meetings of tlie.C^n* 
 ventibn were at ri-nes called fittings; do you imagine rhhi that 
 exprefiion wis adopted as borrowed from a neighbouring 
 country, or that is was an exprefiion which followed of cou: Je, 
 and to which we are thoroughly accuftomed in the Kngliili lan- 
 guage-?" : 
 
 A. However the rending of newfpapers might lead ns to 
 make ufe of terms, I cannot fay ; but it was certainly a word that 
 it was very natural to make nfe of. 
 
 . You have feen meacft as Prefes? A. Yes. 
 
 Q\ That word is Latin, is it not ? 
 " As I am very little acquainted with Latin ; I meant preCdenf. 
 
 <>: Yon are fnffieiemly acquainted with it to know that at 
 prefent Rome is the feat of the Pope, arc you not? 
 
 AT We have no doubt of that. 
 
 O. - Confequently if there is any crirninality in adopting^ a 
 French word, do yon tn'ink there is not an equal criminality in 
 niino; a Latin one ? 
 
 A. Thefe things nppenrecl to me to be To trifling:, that I did 
 not think it vrortlVirly \v-hile to make any objection to them : 
 fome were of French origin, and fotne of Britifh, and fomeof La-' 
 tin ; bntlclid not think it worth while to make any cbieclion to it. 
 
( 49 ) 
 
 Q. You have heard of a motion propofed by Mr. Catlender ; 
 you were prefent when it was originally moved, that the peo- 
 ple mould meet to aflert their rights in the Convention t 
 
 A. Aflert their rights, were the words, to the beft of my re- 
 col letfti on. 
 
 Q. What do you underftand by a Convention ? 
 
 A. What I underftand by a Convention is a meeting of men 
 for any purpofe that tkey propofe. 
 
 Q. Are the men who meet in Convention fuppofed to be de- 
 legated by a larger body of men ? 
 
 A. I cannot pretend a particular difquiiition of thefe points, 
 but it ftrikes me fo. 
 
 Q. By the word Convention, and meeting in Convention, 
 did you underftand a peaceable aflembly of men aflembled to 
 deliberate, or did you underftand by it, an aflembly of men 
 going to adopt violent meafures, and to carry them into execu- 
 tion them Pelves ? 
 
 A. What I underftand by Convention was, that they met 
 with a fincere and hearty defign to promote the good of the 
 country, by a thorough reform in the Britifh Houfe of Commons, 
 and that they meant to do this by peaceable means. 
 
 Q. Do you imagine there are fufficient abufes at prefent in 
 the legiflature of this kingdom, to legalize our attempting to 
 addrefs them by petition, or any form that might be legal and 
 conftitmional ? 
 
 A. I have already faid that I am deeply imprefled with 
 the idea of the neceiiity of it : 1 fee the moft glaring abufes in 
 it. 
 
 Q. Do you imagine that if a Convention Bill was to be paffed, 
 or was even to be brought into the Houfe of Commons, that it 
 would not {hew a difpofition in the^Houfe of Commons to extend 
 their privileges, and to encroach upon our rights ? 
 
 A. Such a Bill has always ftruck me as fapping the very foun- 
 dations of Civil Liberty ; and, indeed going beyond the power 
 of the legiflators themfelves, to deprive the people of their na- 
 tural rights. 
 
 Q. You fay it is your opinion that there are already fuffi- 
 cient grounds for the good people of this country to demand a 
 Reform in Parliament ; do you think thofe grounds would not 
 be increafed by two fuch events as the bringing in of a Conven- 
 tion Bill, or a motion for fufpen ding the Habeas Corpus adt, 
 which is one of the greateft privileges a fubjecft of Britain en- 
 joys, or the Bill for preventing wrongous imprifonment ; do you 
 think that would not make a very conliderable addition to our 
 complaints ? 
 
 A. I am fatisfied in my own mind, that it would increafe the 
 grievances of the people, and be like a grave- ftone to their li- 
 berties. 
 
 G ft. In 
 
( So ) 
 
 Q. In what light did you look upon the members of the Bri- 
 tifli Convention ? Did you look upon them as a turbulent let of 
 vagabonds, or did you look upen them as a body of men dele- 
 gated by fome of their fellow fubjecls for a certain purpofe, and 
 that thefe men fo delegated were induftrious, peaceable, cre- 
 ditable men ? 
 
 A. Their deflgn, I have to reafdn no caH in queftioii, was 
 the good of their country : asfto characters, there is always a 
 mixture in all aiieinblies ; but I believe, taking the whole toge- 
 ther, there was a great degree of refpectability with refpecft to 
 characters. 
 
 Q. Then they did not appear to you to come under the 
 description of/witie, rabble, or wretches ? 
 
 A. As the friends of their country, I believe not. 
 
 Q. When is the propereft time for men to afieinble and de- 
 liberate ? It in time of danger, or profperity ? It appears that 
 the Convention was to affemble in this manner, in the moment 
 that an invasion of foreign troops fliould take place in Great 
 Britain. Do yon conceive that to be a time of danger, and call- 
 ing for the attention of all Britons throughout the iftand ; or 
 do you think it a time for them to fit idle and fuffer them'felves 
 to be enflaved by a foreign power ? 
 
 A. I think ir is high time that a Reform had taken place, as 
 it ought to have done long iince. 
 
 <^. When you have any thing that interefts you very much, 
 do yon publifh ic all through your houfe, and different parts of 
 your family, or fometimes keep a fecret to yourielf in your pri- 
 vate affairs ? 
 
 A. Yes, no doubt ; and every perfon end tied with any de- 
 gree of prudence will find occafion to keep their fecrets. 
 
 Q. If you had a particufer piece of bufinefs to do, and that 
 you was apprehenfive that a fuperior power, inimical to your 
 defign and to your welfare, would prevent you from doing that 
 particular bufinefs at fuch a place, would you inform that inimi- 
 cal power where you was to meet to do that bufinefs ? 
 
 A. I mould certainly do every thing in my power, from com- 
 mon prudence, to keep it from him. 
 
 Q. When you fend a letter by the poft to a friend, do yo!i 
 ever attach any degree of criminality to fealing that letter till 
 he gets into the country, efpecially if you wife the contents not 
 to be known to him till a certain period ? 
 
 A. No. 
 
 Q; Can you difcover any thing of a feditious nature in a Con- 
 vention (landing up to pafs a refolution ? 
 
 A. No. 
 
 Q. I fine!' here fomething which I don't know, whether it is 
 thoroughly allented to by you, that there was a Declaration be- 
 fore God and the world, that they would follow the wholefome 
 
 example 
 
{ Si ) 
 
 example of their forefathers ; what is the chara^eriftic of Bri- 
 tons I 
 
 A. That they are ftrongly attached to the caufe of li- 
 berty. 
 
 Q. Ho\v came we by the Revolution ? was it by; any exertion 
 of our forefathers ? 
 
 A. It no doubt was. 
 
 How came we by the Magna Charta ? 
 So far as I underltand the fubjeift, it wa 
 
 A! So far as I underltand the fubjeift, it was entirely by the 
 fame means. 
 
 Q. Did your forefathers do wrong in fo exerting themfelves? 
 
 A. My opinion is that they did not do enough. 
 
 Q. Do you think it impoilible for a Houfe of Commons to do 
 an unconilitutional ai$ ? 
 
 A. Tliere has been many things done in the Houfe of Com- 
 mons which I Gncerqly regret. 
 
 Q. We had originally Parliaments, or fbme time back, Par- 
 liaments of three years ; now by an Act of Parliament they are 
 lengthened 10 fcven years; fuppofe another Act fliould make 
 theni during life, and a third Atft mould make them hereditary, 
 do you ijna^jipe that would be an unconfthutional act ? 
 
 A. It has always ftruck me as a thing beyond their power to 
 alter or deitroy the fundamental rights of the people, or any 
 thing that would extend their own power. 
 
 Q. Do you imagine that the power originates with the peo- 
 ple ? 
 
 A. Idofo. 
 
 C . Do you imagine it to be either in the Bill of Rights, or 
 the claim of rights, exprelied, that the people fliould be at li- 
 berty to meet to communicate to each other their grievances, 
 and plan methods for obtaining redrefs ? 
 
 A. I have often wifhed to fee the Bill of Rights, the Habeas 
 Corpus Act, and all thole things; but I have never had it in my 
 power; but in my opinion, the object of all government is the 
 opii of the people, and that the liberties of the people ought to 
 be carefully guarded by them. 
 
 O. It appears by what has pafled here, that the Convention 
 had fpuie notion of a God : did they ever pray in their meetings? 
 
 A. They did. 
 
 Q. Did you ever fee any diforderly behaviour there ? were 
 they riotous or tumultuous : 
 
 A . Conlwering their n umbers, they were free cf that beyond 
 many meetings that I have feen of the fame number : I faw 
 no riotous meetings : there were fbnietimes difputes, but no 
 riors. 
 
 Q. As ro the burning of the motion, you fkid they were not 
 acting under the apprehenfcon of fear : did you fuppofe they 
 could juftUy their proceedings i 
 
 A* I 
 
( 5* ) 
 
 A. I always confidered, that in the Convention the Members 
 that had occafion to (peak, always fpoke freely, believing that 
 they had nothing efientially fecret to keep to themfelves, but 
 that their great object was tl\e good of their country. 
 
 Q. Did you ever difcover in the Convention or in the mem- 
 bers of it, either in or out of the Convention, any propenlity to 
 fedition, treafon, or rebellion ? 
 
 A. I have always faid, that as far as I could difcover the de- 
 fign of the Convention, it was to obtain a thorough Reform m 
 the Biitifh Houfe of Commons, by peaceable and legal means. 
 
 Mr. Alexander ^it chef on fworn. 
 
 Lord HendtrLind. Have you any malice or ill-will againft the 
 pannel at the bar ? 
 
 A. It i* irnpoflible I fhould, my Lord : on the contrary, I ef- 
 tcem him a fecond Sydney.- I am very much obliged to the pub- 
 lic prbttcutor, on account of my family, otberwife, I would 
 much fooner appear here as the pannel at your Lordlhips* bar, 
 than as a witnefs. 
 
 Con/jfe/ for the Crown. Were you a Member of the Britifh 
 Convention ? 
 
 A. Yes ; of all the three Conventions I had the honour to be 
 a Delegate from the Canongate Society ; the Delegates, conft- 
 clei ing themfelves as Delegates for fix months, adjourned their 
 meeting ; but upon account of the coming down of the Englifh 
 Delegates, they refumed it again. 
 
 Q." That was in November laft. A. Yes. 
 
 Q. Who were the Englifh Delegates ? 
 
 A. There were four or five of them ; there was Citizen 
 Margarot, Citizen Sinclair, Citizen Gerald from London,* ami 
 Citizen Brown from Sheffield. 
 
 Q. Now did you ad; as fecretary or alliftant fecretary ? 
 
 A. Yes ; affiftant fecretary. 
 
 Q. Were there a fcroll of minutes drawn up ? A. Yes. 
 
 Qj Look at that, and fee if any part of it is your hand- writ- 
 ing? 
 
 A. Yes ; a very great part of it ; but there were fome others 
 \vho wrote. 
 
 Q. Who were they ? 
 
 A. George Rofs, and afterwards the Convention appointed 
 three affiltants daily. 
 
 O,. Who is George Rofs ? 
 
 A. Clerk in the Gazetteer Office. 
 
 Q. This fcroll of minutes, did they contain, fo far .as you 
 could judge, a fair nnd diftinct account of what happened in the 
 CoMve'ntian ? 
 
 A. To the beft of my knowledge and belief they did ; I 
 fhould have been guilty of palming falfhood upon the public and 
 
 the 
 
( S3 ) 
 
 the Convention if they did npt : but there may have been mif- 
 takes. 
 
 Q, Were they corrected the day after they were made out ? 
 A. By no means : they were poftponed till a future day> till 
 a committee Ihould be appointed to revife them. 
 
 Q. Was Mr. Margaret prefent at thefe meetings commonly ? 
 A. As far as I obferved he was a regular attendant. 
 Q, Was he ibmetimes Chairman at the meetings ? 
 A. Once he certainly was. 
 O. Look at that : whole hand-writing is it ? 
 A. It is mine (reads it ). Citizen Margaret moved that a 
 Commirttee be appointed to confider of the means, and draw up 
 the outlines of a proper plan for a general union between the 
 two nations, as before propofed. 
 
 Q. Did Mr. Margarot make that motion ? 
 A. He certainly dkl, or- 1 mould not have minuted it dowa : 
 a fimple fa<ft like that I cannot be miltaken in ; but in a fpeech, 
 viva voce, I might have made a millake (reach it again ) } ; ai;i 
 give me leave to add, 1 expected from Mr. Margaret's abilities 
 arid the fpirit of the times, a more perfect fyltem than was made 
 up by a iycophant faction in the reign of queen Anne. 
 Q. Look at that. 
 
 A. (R?(t'1s.) Citizen A. Callendar moved, That in cafe the 
 Minitrer bring into the Commons' Houle a motion for a Conven- 
 tion Bill, it {hall be noticed immediately to the Delegates. The 
 \\ordsjkatt be noticed immediately to the Delegates, are in my hand- 
 writing. 
 
 Q. Do you remember any difcuffion in the Convention upon 
 that motion ; particularly, did Mr. Margarot fpeak upon the 
 . occafum ? 
 
 Q. Indeed my memory is fo treacherous that I cannot recol- 
 lect any thing, efpecially when I am taking notes : if I don't 
 write at all, I remember tolerably well the chief fuels, but if I 
 do write, I recollect nothing. 
 
 Q. Was there any thing faid about that event being a tocfiu 
 to tiie friends of liberty ? 
 
 A. I never heard the word tocfiu mentioned in the Conven- 
 tion. 
 
 Q. Do you remember any amendment or alteration upon. 
 Mr. Callendar's motion, or if it gave rife to any other motion in 
 .the Convention ? 
 
 A. Such things may have happened, but I cannot recollect. 
 X Do you know of a motion being made by Mr. Sinclair in 
 cotifequence or\ and following up Mr. Callendar's motion ? 
 
 A. J wasahfent a variety o"f nights, when 1 wiihed to be pre- 
 fent, but particular buiinefskept me away. 
 
 QL But did you hear Mr. Margarot make any motion in con- 
 fequence of Mr. Calendar's? 
 . A. 'I is impoHible that I cau fay. 
 
 Q. Did 
 
< 54 ) 
 
 Q. Did Mr. SiRclair raafce any motion about the Convention 
 meeting on certain events ? 
 
 A. Yes ; there Avas a motion made, at leaft I underfloopl fo. 
 I came in one evening pretty late, and Mr. Sinclair, or fome 
 perfbn, had made a iiiotion, and as foon as> I had taken my feat, 
 Mr. Sinclair made a motion, that fomething that had pafied be- 
 fore ihould be burned, and I was furprifed, and got up and op- 
 poled it, and was fecondecl - upon the ground, that as every 
 thing we had done before was open to the public, we mould do 
 nothing fecret, and therefore the motion was not carried. 
 
 Q. Did that motion relate to the Delegates' meeting ? 
 
 A. I was fnrprifed an 1 alarmed at any thing being fecret ; 
 but when I underftood that nothing more was meant by it than 
 merely concealing the place wh,ere they were to meet, I thought 
 there was nothing at all in it. 
 
 Lord Jitft'tce Clerk. Did yon hear any thing of a Committee of 
 Secrecy ? 
 
 A. 1 enquired next day, arid was told the nature of it, that 
 it was merely to conceal the intended place of meeting, in cafe 
 of oppofiiion, and in cafe of neceilky. 
 
 Q. Did you hear any thing about the Convention of Emer. 
 gency at all in the meeting ? 
 
 A. Yes ; at the fections and among our friends. 
 
 . Read that. 
 
 A. (Reads from tbs minutes.) Citizen Margarot read and 
 propofed the following motion : That a Secret Committee of 
 three, and the Secretary, be appointed to determine the place 
 where fuch Convention of Emergency ihall meet ; and fuch place 
 mall remain a fecret with them and the Secretary of this Con- 
 vention, and that each Delegate mall, at the breaking up of the 
 prefent feifion, be eniruftecl with a fealed letter, containing the 
 name of the place of the meeting ; tbis letter mail be delivered 
 unopened to his conltituents, the receipt of which (hall be ac- 
 knowledged by a letter to the Secretary, preierved in the fame 
 ftate, until the period mall arrive at which it iliall be deemed 
 neceflary for the Delegates to fet off ; this motion was feconded 
 by. Citizen Moifat : the greater part of that is niy own hand- 
 writing. 
 
 Q. You fee ment'on is there made of a Convention of Emer- 
 gency : now I want to know, as far as you recollect, the cafes in 
 which they were to meet ? 
 
 A. As far as I recollect, they were to meet in cafe a motion 
 was made in Parliament to bring in a bill (iniilar to that palled 
 in Ire-land, to prevent Qur having any meetings. 
 
 Q. Was one of the cafes the f\ifpenfion of the Habeas Corpus 
 Aft . ? 
 
 A. I don't recoiled:. 
 
 . Was the cafe of an invafion of foreign troops mentioned ? 
 
 A, Yes. 
 
 . Do 
 
( 55 ) 
 
 O. Do you recoiled any other <cafe of Emergency in which 
 the Convention were to meet ? 
 A. I don't recollect any other. 
 
 Q. Was there another caft, if any attempt iliould be made 
 ' ch he wr 
 
 to 'difperfe the Convention ? was that a cafe in which they were 
 to meet ? 
 
 A. I cannot fay that I recoiled that. 
 
 Q. Was you in the Convention the evening before the ap- 
 preheanon of Mr. Margarot and Skirvrng, and the other per- 
 jbns ? 
 
 A. I might, very poffibly; but I don't recoiled; I was 'pre- 
 fent that evening after they had been apprehended in the 
 morning. 
 
 Q. But do you recoiled: whether you was in the Conven- 
 tion the preceding evening ? * 
 
 A. I cannot charge my memory with it. 
 
 O. Look at that'? 
 
 A. The whole of that is written by another perfon (reads 
 frvn the Minutes), Citizen Margaret begs leave to bring in a 
 motion, to the 'e'ffeift, that the moment of any illegal difperlion 
 of the prefent Convention fhall be considered as a fiimnions to 
 the Delegates to repair to the ptoce of meeting appointed for 
 the Convention of Emergency by the Secret Committee ; that 
 the Secret Committee is inftruded to proceed, without delay, to 
 fix the place of meeting; and that the fame motion be confider- 
 ed next evening ; which was accordingly granted. My Lords, I 
 obferve, from the whole of this being written by anothei .per- 
 fon, that 1 'was not prefent at all that evening. 
 
 Lord Advocate. Look at the firrV of thefe papers, Num- 
 ber 3. of the general inventory, and tell me if you ever favv it 
 before ? 
 
 A. (Reads from the Minutes a motion for a union between the 
 t'jjo kingdoms, to demand the reftoration of their rights.) I think it 
 is a moil excellent motion, my Lord, and am very forry it was 
 not followed up. 
 
 Lnrd Advocate. I did rot aik you for your opinion, Sir. 
 
 A. My Lords, I beg to fay, this perfecinion, and all of them, 
 are for opinions ; and I mutt, before God, in iuftice to my coun- 
 try, declare, that it "is for opinions as well as fefdFs. 
 
 Gcntlemcnrf the J-try, 'Tis a pi ofecution'for opinions. 
 
 Q. Look at that paper which has your mark upon it. 
 
 A. It has, but it is not my writing. 
 
 <>. Where did you receive it ? 
 
 A. From the Convention ; I remember reading it from thfe 
 'beginning to the end. 
 
 Q. Wiio is James Gartley ? 
 
 A, He was Delegate from Glafgow. 
 
 Si- Is it your hand -writing upon the back of it ? 
 
 A. Yes ; it is. 
 
 Had 
 
C 56 ) 
 
 Q/ Had you an opportunity of feeing the nevr'fpjipers in 
 which the proceedings of the Convention were publifhed to the 
 world ? 
 
 A. I had an opportunity ; but was fo extremely hurried at 
 that time with my own butinefs, and that of the Convention, 
 that I could not read them, but laid them by to be a treafure of 
 entertainment at fbme future time ; for four weeks, at that time, 
 I did not read a fingle article in the Gazetteer. 
 
 Q. Have you read them fince ? 
 
 A. Only in the Sheriff Clerk's Chamber; and that feemcd 
 to contain a very accurate account. 
 
 Q. And correfponded with the Minutes you yourfelf had 
 taken ? A. Yes. 
 
 Alexander Alt cbe nn crofs examined by Mr. Margarot. 
 
 Q. You was a member of the Britifh Convention ? A. Yes. 
 
 Q. Was yon, prior to that, a Member of the Friends of the 
 People ? A. Yes, long prior. 
 
 Q. What was your motive for aflbciating with the Friends of 
 the People ? 
 
 A. The public good, which I hope I will always have at 
 heart. 
 
 Q. What do you nnderftandby the public good. 
 
 A. I underftand, by the public good, that grievances fhould 
 be redrefled, and every man made as happy as poflible. 
 
 Q. Had you any fpecific plan ? 
 
 A. Yes, we had juft two objects ; thefe two objects were, a 
 fhorter duration of Parliaments, and a more frequent election of 
 Rcprefentatives; becaufe we coniidered the length of parlia- 
 ments, and the flow return of elections, to be the two great 
 and fundamental caufes of all the grievances which the nation 
 labours under. 
 
 Q. What fort of men were thefe with whom you aflbciated, 
 the Friends of the People ? I don't particularly mean what clafs, 
 high or low, rich or poor ; but what morals, what temper, what 
 behaviour ; in Ihort, what opinion do you form of them in ge- 
 neral ? 
 
 A. I confidered them to be a good, moral, refpectable fet 
 of people ; not refpectable in point of riches, but in that refpect 
 xvhich \rill be looked at by the all-feeing-eye of the Almighty ; 
 refpectable in point of morals. 
 
 O. Did they ever (hew any difpofition to treafon, fedition, 
 or felony ? A. Not that I ever faw. 
 
 (X Was you delegated by a Society of the Friends of the 
 People to the Convention ? 
 
 A. I was fome time. 
 
 Q. Did the other JMembers of the Convention reprefent a 
 number of men from here * A Yes. 
 
 Q, Did 
 
( 57 ) 
 
 Q. Dk! it appear to you, tbat the Convention adhered to 'the 
 fpirit of reform which was fet oil foot by aie Friends ci the 
 People I 
 
 A. They certainly did, to the befl of my. : d ens; and even 
 when they lollowed up the priwarv idea of iiioi.cr duration of 
 Parliamems, and more frequent elections, and adopted the idea 
 of iniiverlat fijfrrage and annual Parliaments, th cer- 
 
 tainly no further than the Duke of Richmond and Mr. Pitt had 
 gone before. 
 
 CX You mnft take care not to mention the word primary* bs-- 
 caufe it may inculpate me further ; for that is one word that is 
 charged ag;iiniV me. 
 
 A. I conlider all words in our Dictionary lawful to be nfed ; 
 and it is a dreadful crifis that we are come to, if a man is 10 be 
 criminated, for a word. 
 
 Q. You fpoke of the Englifh Delegates; you don't mean 
 that they reprefenteo the people of England ? 
 
 A. Certainly, only thole whofent them ; I underftood that 
 Mr. Margarot and Mr. Sinclair reprcfented about 5000 people, 
 and Mr. Brown about 5000 from Sheffield. 
 
 (X Yon have not pofitivey fworn to the entire fcroll of Mi- 
 nutes fhevvri to yon ; foine part of it you don't acknowledge. 
 
 A. I can only fwear to that that was wrote by my felt; andfo 
 far as my ideas led me to think, I was right in writing them. 
 
 Q.' Though the name of Minutes is given to them, are they, 
 in tact, the Minutes of the Convention till they have received 
 the revjfal of the Committee? . 
 
 A. Certainly not ; to correct and to expunge all errors what- 
 ever. 
 
 Q.. Were they ever offered, or fent forth to the world by 
 way of publication ? 
 
 A. Not that I know of. 
 
 Q; .^Vere they ever corrected by authority of the Conven- 
 tion ? , , '- 
 
 A I never heard of it. 
 
 Pj. Are there any erai'ures, any interlineations in them ? 
 
 A. Several emehdations vere made upon the motions of one 
 o|r two Meii-Wrs ; but when (everaJ eniendatian were piopokd 4 
 it w-is did, YO.J n,-,*y L-avs that 10 the Committee. 
 
 O. To the- Left 'of your recollection (I made a motion about 
 the union of the two kingdoms), did it appear to you that that 
 nrjtiou had aiedkious tendency? 
 
 A. ' O.i the contrary, 1 conceive it would be for the good of 
 mankind , and the faKatio.n oh'.tue^e kingdoms. 
 
 (X i.-o y<>!> {j(k upon tocfin to be a French word ? 
 
 A. 1 fuppofe fo; but I cannot lay that it is ; 1 never heard ic 
 made ufc af in L!;.;- Cpiivcntiou. 
 
 Q." Are yon lure that it is not .iuftead of one French word, 
 two ChU'ic?& \\ords * 
 
 H' A. I 
 
( 58 ) 
 
 A. I cannot fay; I know nothing about, the Chinefe. 
 . I have a notiou 'tis -, then, all the knowledge YOU gained 
 of a Secret Committee, was the next day among the Sections, 
 and among the Friends ? 
 
 A. That reminds me of a miftake I made Before ; for I fiuil 
 that I have recorded that very motion which Mr. Sinclair moved 
 to be burnt, and which was afterwards agreed not to be burnt ; , 
 and I heard further of thebuiinefs next day. 
 
 O. There was a motion made for a Convention of Emergen- 
 cy ; did the Convention ever fix upon or delineate the plan by 
 which they were to act, or did chat Convention ever take place ? 
 A. Not that I know of. 
 
 Q. In joining the Friends of the People, and in joining the 
 Brittfli Convention, for the purpofe of obtaining a reform, did 
 you think yourfelves warranted by the Conflitution to endea- 
 vour to obtain a redrefs of grievances ? 
 
 A. Perfectly ; and 1 would think fo ftill, if I were to be fent 
 to Botany Bay for it. 
 
 O. Are thole grievances done away ? 
 A. By no means; and lam forry for it. 
 
 Q. Are yon of opinion, that if a Convention Bill was palled 
 in the Britiih Parliament, it would tend tolefil-n thole grievances. 
 A. It would extend them tenfold. 
 
 Q. What would be the conletjuence of the fnfpenfion of the 
 Habeas Corpus ac% and of the Act for preventing wrongous 
 imprifonmerit ? 
 
 A. Ir would be certainly a great encroachment upon the pri- 
 vilege of Britons. 
 
 (,). Might not every peaceable inhabitant of theft 1 realms 
 run great danger, in cafe of a foreign invafion, of loiing Ins 
 property, by the enemies plundering him of it, if they were 
 fuccefsful ? A. I have no doubt of that. 
 
 Q. Do you think it would be more conftiturional in Englifh- 
 men, more conftitulional in Scotchmen, more ' conllitiuional in 
 Britons, to fit idle and look at a foreign invafion, or attend a 
 Convention of Emergency. 
 
 A. I dare fay the whole Court, and all the audience will a- 
 gree, that to meet upon iach an occasion, would be a work of 
 necefiity. 
 
 Q. Was foreign inva'ioii the exprefilon that was ma<l'e ufe of, 
 or was a French invafion ever mentioned ; 
 
 A. As far as I recoiled, French invafion was nu"niio:<ed in 
 forne perfon's motion,; but I cannot iay in wliofe in o nor., or 
 v.'hether it : was in doors, or ont of doors; or in-, the Conven- 
 tion, or out of the Convention, I .cannot fay. 
 
 Q. Then yon mean to (isy, that an luvaiion frosn France was 
 \ippern\oil in rhe ininds of the Cbn.venlion ? 
 
 A. I canno.t fay what was uppenncfl ; but I kr.tv.v I liave" 
 heard that expreiiicn. but I believe it was out of the Convenricn. 
 
 Q. Was 
 
( 59 ) 
 
 Q. Was it cuftomary for the motions to be handed to the 
 table, which were not palled in the Convention ? 
 
 A. Many inch were handed in, and many not palTed, and not 
 taken notice of ai all. 
 
 Q. Are you certain, that the two motions fhewn you juft 
 now, and which were indorfed by you, and, I prefume, were 
 given into you in that manner, are you fure they were ever read 
 in the Convention ? 
 
 A. Be fo good as fliew me them again (looks at than). One 
 of thefe motions is certainly new to me fince I came before the 
 Court: a perfon :v;ight fay to me, there is a question concerning 
 union, and I might indorle it fo without ever reading it. 
 
 X W hat was the mode df proceeding in opening and doling 
 the bufinefs of the day ? 
 
 A. As the bufinefs of all Chviftian people ihould be, it was : 
 begun and ended by prayer, 
 
 Q. Did you ever obfervc anything of a feditious or riotous 
 - appearance in the Convention ? A. Not in the It-all. 
 
 Did you ever hear any thing mentioned, or whifpered in the 
 Convention, that might tend to overturn the Conftitution ? 
 
 A. Never. 
 
 Q. Did you ever hear any thing mentioned there againft the 
 King? A. Never. 
 
 <,X Did yon ever hear any thing mentioned there againft 
 place-men and petitioners ? A. Often. 
 
 O. That, I luppofe, is the Sedition that is meant to be charg- 
 ed. 
 
 George Rofs fworn, examined. 
 
 Witoefs. I thought it very 1 hard that the Lord Advocate, 
 when I was here before, 'mould charge me with falfhood. I 
 hope he will not do fo now. 
 
 Q. What profeffion are you of? 
 
 A. Clerk in the Gazetteer office. 
 
 Q. How long have you been in that profeffion ? 
 
 A . Se v en or e i gh t y ears . 
 
 Q. Was you a Member of the meeting of the Friends of 
 the People? A. Yes. 
 
 Q; Was you a Member of the Britim. Convention ? A. Yes, 
 
 Q. Delegate from what fociery ? 
 
 A. From the Canongate Society. 
 
 Qj Did yon aft in any particular office in the Convention ? 
 
 A. I fometimes ac r ted as Affiftant Secretary ? 
 
 Q. Who elfe aflitted the Secretary ? A. Several perfons. 
 
 <X Were tliere any perfons who wrote iliort-hand and took 
 ^own the debates? A. Yes, my brother. 
 
 Q. Look at thefe Minutes, and fee if you caji find your own 
 hand-writing? A. Yes. " Q. Did 
 
Q^. Did rou take clown, to the befl c.f your abilities, what 
 did really pafs in the Convention ? 
 
 n. I certainly would take nothing down that I thought im- 
 proper. 
 .>O. A 11 ^ y n would take down nothing but what pafTed ? 
 
 A. " No.' ^ 
 
 Q. Do yon recollect, if it was the praftice at the commence- 
 ment of the meeting, to read over the fcroll of the Minutes ? 
 
 A. 1 have fecnit clone fomethnes, and fometimes not. 
 
 Q. Do you recollect whether it was ever ufual to con ecft them 
 upon readina them over ? 
 
 A. J ihink, I recollect one night, tjiere were fome corrections. 
 
 Q. Arc yon acquainted with that Gentler, nr. r 
 
 A. i iuive had the honour to fee Mr. Margarot many times, 
 aiu! bet': in his company. 
 
 Was he a Member of the Convention ?- A. Yes. 
 
 Q. Have you heard him i'peak ? 
 
 A Yes, 1 have heard him propofe motions. 
 
 >. Did you ever fee him act as Chairman I 
 
 A. 1 cannot recollect to a certainty, whether he was or nor. 
 
 Q. Do you recolleft any motion in the Convention with ief- 
 pcc't to a union between England and Scotland ? 
 
 A. I recolleft the union with the Societies of the Friends of 
 the People in England. 
 
 Q. Read that > 
 
 A. (Reads). Margarot moved, that a committee be appointed 
 to consider. 
 
 A. I don't recolleft that. 
 
 Q. Whofe hand-writing is it ? 
 
 A. I believe it is Mr. Aitchefon's. 
 
 Qk Yau recolleft there was fuch a motion ? 
 
 A. Ye, ? that there was a union to take place between the 
 Englifh focieties and the Scotch. 
 
 Q. Do you remember any motion being made of a Conven- 
 tion of Emergency ? A. Yes. 
 
 Q. Do you remember any thing about the puipofe of that 
 Convention ; of the events in which they were to. meet ? 
 
 A. To remonftrate to Parliament againit a Bill, fwch as a 
 Convention Bill. 
 
 Q. Were there any particular perfons who made a motion 
 refpcfting it ?; A. I believe it was made by Mr, Callendar. 
 
 (Reads Mr. Callendar' s motion). 
 
 Q. Do you recolleft that that motion xvas made ? 
 
 A. A Yes it is my baml-writing. 
 
 Q. Do you remember the events that were to happen. 
 
 A. That, in cafe of a Convention Bill, they were to meet in 
 order to draw up a rernonPirance to Parliament. 
 
 O. Was any other event mentioned ? any thing about thfc 
 Habeas Corpus Aft ? A. I don't at prefent recolleft. 
 
 a- 
 
, Qj Do you recollect any th incj about a foreign Invjjn'on^ OP 
 any thing about foreign troops ? 
 
 A. Yes, a tout the Heffians and Hanoverians feeing brought 
 over. 
 
 Q. You fpoke about Mr. Callendar's motion : when \vas it 
 taken up ? the next day f A. I canuot fay. 
 
 Q. Was the Convention ufecl to take notice of the motions 
 -at tue time they were made, or did they lie over ? 
 
 A. They generally laid over. 
 
 O. W'as that motion of Mr. Callendar's taken up afterwards ? 
 
 A. I cannot lay. 
 
 , O. Was there any derr ' c about Mr. Calendar's motion Tef- 
 peering the Convention Bill ? and recollect yonrfelf before you 
 give an anfwer ! A. 1 cannot be particular. 
 
 Q? Were there any amendments propofed to that motiep 1 
 
 A. I believe there were. 
 
 <X What refolutioii was come to in corjfequence of th 
 amendment ? A. I don't know particulaiiy ; I don't recolletftj 
 
 Q. Is that your writing ? 
 
 A. Yes, (reads). Citizen Sinclair read the amendments upon 
 Citizen Callendar's motion ; and then there comes fome other 
 perfon's writing; and, it was agreed, that the houfe ihonld re- 
 fblve itfelf into a Committee, ^to confider of the amendments 
 prqpofed ; the Convention being refnmed, and the amciti'jnerit^ 
 being read over, the members itood upon their le^s, and icv- 
 leinnly and unanimouily palled the following refolutioii. 
 
 Qj ' Now recollecf^fc yourfelf, and tell us what pailed at that 
 time. Was it a reiblution upon Citizen Callendar's motion? 
 
 A. Yes. 
 
 Q. Now recollecl what that motion was I 
 
 A. I cannot recollect. 
 
 Q. Look it* it is mentioned there ? 
 
 A. No, there is a blank page follows it. The refolntion then 
 pa fled, was referred, to be entered *till the end of the Minutes. 
 
 Lord Adwcttte* It is very material that the Jury iliould take 
 down tiieie words ; for it is that upon which I mall found a very 
 material part of what I ihall have to fay to them. Repeat ic 
 again. 
 
 A. I think the Refolution that was then paiTed, was left to 
 be entered at the laft part of the Mimitts. 
 
 O, Look, and fee if you find any more blanks ? 
 
 A. I believe there are not (looks oyar tks Minutes). Yes, here 
 5s a blank of four lines. 
 
 O. Uo yon remember any propola! being made about burn- 
 ing any part of the written evidence, or destroying any motion, 
 or reTolunon the Convention had come to ! 
 A. No, I don't recollect. 
 
 p. Do you know Mr. Akchefoa? 
 
 A! ^es. 
 
<. Do you recoiled any object ion being made by him to 
 burning or dellroyiug any refolutiow that they might have come 
 to ? 
 
 A. No, I do not. 
 
 >. Do yon recollect any other perfon, a Member of that 
 Convention, objecting to that meafure ? 
 
 A. I do not recollect any fuch thing. 
 
 Mr. Bur net. Do you remember a motion being made fora 
 Secret Committee ? A. Yes. 
 
 Mr. Solicitor General. Who was it that propofed that motion, 
 which pafled iblemnly and unarmnonfly ? A. 1 cannot lay. 
 
 . Did the members a]i itand up when that motion paiied fo 
 fokmnly ? 
 
 A. I don't recollecft ; but I mould fuppofe fo, from what is 
 written here. 
 
 Q^ Do you remember any thing about declaring before God 
 and the world, any tiling ? A. 1 cannot fay. 
 
 Q. Do you remember any thing that was faid about calami- 
 tous circumftances ? 
 
 A. No ; there was -4 refolntion in cafe of a Convention Bill. 
 
 Q. Do you remember any thing about paying no regard to 
 {uch an acft if it pafled . ? A. I never would agree to that, 
 
 j. Do you remember any fpeech or motion being made as to 
 what the Cbnvention were to do, upon the meeting being dif- 
 perfed ? 
 
 A. If they were difpered they were to meet in another place. 
 
 jQ. Who was it that fpoke with regard to that ; did Mr. Mar- 
 garot fay any thing, or make a fpeech upon that fubjeet ? recoi- 
 led; yourfelf ? A. I cannot recoiled:. 
 
 Q. Was is debated ? Was there any difference of opinion 
 upon that fubjetft ? 
 
 A. I cannot recoiled:. 
 
 Q. Do you remember any motion being made with regard to 
 it ? 
 
 A. I believe there was. 
 
 Q. Was it Mr. Margaret that made the motion ? 
 
 A. I am not very certain whether he did or not, but I rather 
 fufped: he did. 
 
 Q. Look at that paper (a motion for appointing a place of meet- 
 ing). Did you ever fee that paper before i 
 
 A. Yes in the Court. 
 
 Q, Do you recollecft fuch a motion being made, and if Mr. 
 Margarot was the perfon that made it ? A. Yes. 
 
 Q. You faid fometime ago that you ac r ted as Clerk in the Ga- 
 zetteer OfH.ce, and that your brother took notes in mort-hand of 
 the debates in the Convention ? now, were they printed ? 
 
 A, My brother took the notes. 
 
 Q. Did you read them ? 
 
 A. Yes. after they were printed. , 
 
Q,. So far as yourfelf read, were they accurate ? 
 
 A. They were pretty exa<ft. 
 
 Q. Was any thing laid, lo far as yon remember, in the 
 printed paper which had not pafied in the Convention? 
 
 A. I cannot fay. 
 
 Q. Was the itatemenr given in the Gazetteer accurate of 
 thole motions and refolutions which you yourfelf heard ? 
 
 A. I believe they were. 
 
 Q. Do you recoiled: any fi eech by Mr. Margaret, or any 
 body elfe, in which (pies were jnentioned ? A. No, I do not. 
 
 Q.. Who is the manager of the Gazetteer ? A. Mr. -Scott. 
 
 Q. This is a paper which is printed in the Gazetteer Office, 
 I fnppoTe ? It looks like Jr. 
 
 Q. Is it a copy of the Gazetteer ? A. Yes. 
 
 George Rofi crofs examined by Mr. Margarot. 
 
 Q. Are you a judge of fedition 
 
 A. ,1 don't know what (edition i*. 
 
 (X Have you any idea of ireafor, "- A. Yes, I have. 
 
 O; What is your opinion of loya'ty ? 
 
 A. Loyally is certainly to be true- to the constitution of the 
 country. 
 
 Q. Have you ever feen any thi: g in my behaviour of a fedi- 
 tious tendency ? 
 
 A. I don't know what {edition is ; if you will tell me whac 
 fedkion is, I will tell you. 
 
 Q. That is a difficult thing ; it feems nobody is agreed upon 
 that here, ilave you ever feen ire behave in an outrageous in- 
 decent manner ? 
 
 A. No ; yon exprefled a wifh to have grievances redrefied. 
 
 Q. Did 1 e\et exprefs a wifti to ofertum the conititution, or 
 bring it back to its original purity ? 
 
 A. To bring it back to its original purity. 
 
 Q. Did I ever exprefs a wifh to throw every thing into con- 
 fufion. or to ob[ain a reform 5i parliament ? 
 
 A. That was what you always wifhcd, to petition for a re- 
 form.' 
 
 Qj Was my behaviour consonant to my profeilions in that 
 reTpecl ?_ A. Yes. 
 
 y. l r nve you ever feen me drunk ? A. Never. 
 
 Q. Have you ever feen me in a pafllon ? A. I never did. 
 
 (<>. Have I ever had any reefing of what has here been calicd 
 the Mituites of the Convention, in the OiHce of the Gazet- 
 teer ? 
 
 A. Never that I know of. 
 
 $X Aipon^. your Ueas of ihe Convention of Emergency, did 
 you imagine that the convention was to proceed lo open force, 
 orraiiiei that it was to meei to deliberate ? 
 
 A. To 
 
* ( 64 ) 
 
 A. To meet and petition parliament for a redrefs cf griev- 
 ances. 
 
 . Yon beard me, it feems, mention fpics ; did lever exprete 
 any fear of t he in ? 
 
 A. No, I don't recollect hearing you mention fpies. 
 
 Q. 1 nndei flood that you (aid fo ] A. No. 
 
 L. Did you ever fee -any thing j n the Convention but what 
 was perfectly peaceable and orderly ? 
 
 A. 1 never faw any member behave difoi derly or unpeftcea- 
 bly. 
 
 (7. Were there not fome regulations drawn up for the more 
 orderly re<;ulri<m of the Committee .' Was not that the bufi- 
 nels which we fitit fet about ? 
 
 A. 1 don't recollect exaiftly ; but I think there was a Com- 
 mittee of Regulation. 
 
 >. The queftion I am going to put, will require your recol- 
 leciion, and the attention of the Jury. Have you ever heard 
 nxiy num declare him felt my enemy ? 
 
 A. 1 have heard feveral people declare themfelves enemies 
 to us, as the Briiftfh Convention ; but 1 cannot condefcend to fe- 
 coM'evft any particular perfon. 
 
 9. Was you in the Sheriff's OfEce the fame day that I was ? 
 
 A. Yes. 
 
 j^. !>fd you hear me converfe with any of the mcfiengers 
 there > 
 
 A. I recoiled: being in the Sheriff's Chamber when there 
 were fom e meflengers there ; cue of them and you had ibrne 
 \voids. 
 
 Q. W hat did be fay ? 
 
 A. I don't recollect the particular word he fa id, but I know 
 lie (hid fomething which 1 thought improper at the time ; I 
 think it was one Lyon, if! reco'.letft aright. 
 
 Q. Yon cannot recoiled what that man fail!.: A. No. 
 
 . What \vas the fubjeci of the difpine ; you fay there were 
 words 'between us. 
 
 A. I believe the fubftance of it was his manner of leizing 
 v/u ; that be would rsot fiiew you the warrant he had to take 
 you up, or fomething of that 
 
 Q. And have you' entirely forgot his cxprelTioii r A. Yes. 
 
 ^ You have been aiked about burning or de'it. eying a mo- 
 tion. Did voti e\er lu j ar me fay any thing to thai purpofe ? 
 
 A. No. ' 
 
 .<. Did you Hiy I was chofcn a member of the Secret Coui- 
 vitr.Ttee ? A. ! cannot fay. 
 
 .'..''. Y)id that Secrt-t Conunittee ever acl to your knowledge ' 
 
 A, Not ttiat I know of. 
 
 >. tfa'vc yon ever feen me sc r t'as prefrs or cliairman ? 
 
 A. i am ii\n very certain. 
 
 Q^ Wlia; is i hi.- bufineis of a F re lid cut of the Convention ? 
 
 :1. To 
 
( 65 ) 
 
 A. To keep order. 
 
 ). Is he merely to regulate the fpeech or the behaviour of 
 the Convention ? 
 
 A. Merely to regulate the behaviour of the Convention. 
 
 Q. His powers go no further. A. No. 
 
 Q. It appears that the blank that is left in the Minutes, that 
 the writing juft before it is your hand -writing? 
 
 A. No ^that was another blank for four lines. 
 
 William Rofs fworn, 
 
 Mr. Burnett. What profeffion are you of? 
 A. Clerk in the Gazetteer Office. 
 
 Q. Was you a member of the meeting of the Friends of the 
 People ? A Yes. 
 
 Q. Was you a member of their fociety when it got the name 
 of the Britiih Convention? A. Yes. 
 Q. Was Mr. Margaret a member ? 
 
 A. He was there, and I understand him to be a Member. 
 Q. Do you know who acled as Secretary to the Committee ? 
 A. Mr. Skirving. 
 
 O. Had Mr. Skirving any affirrance ? 
 A*. I have feen my brother taking notes. 
 Q. Did you ever take notes ? 
 A. Never as aflittant to the Secretary. 
 (X And what was your reafon for taking notes ? 
 A! For myownamufement, and for publication. 
 Q. Do you write fhort-hsmd ? A. Yes. 
 Q. Did vou take them in fhort hand upon the occafion? 
 A. Yes. 
 
 Q. Recoiled:, if what you took down was an accurate ftate- 
 ment, as far as your abilities went, of what palled in the Con- 
 vention ? 
 
 A. I don't know whether it was an accurate ftatement ; I 
 did not make it wilfully inaccurate : I was taken with a cold, 
 and did not hear well. 
 
 Lord Juflke Clerk. You wifhed to make it accurate ? 
 A. I did not wifh to make it inaccurate. 
 Q. Were they afterwards published in the Gazetteer ? 
 A. Yes, from the notes that I took ? I drew out an account, 
 \vhich was publifhed in the Gazetteer. 
 
 Q. Does it conlift with your knowledge, that the minureS 
 were read over to the Convention, the next day after ? 
 A. No. 
 
 Q. Had you occafion to revife your notes in the Gazetteer 
 after they were thrown off? A. Yes. 
 
 O. Did it appear to bean accurate ftatement of what had 
 paflcd in the Convention ? A. Exactly, as far as I recoiled. 
 Q, Have you ever had occafion to fee the fcroll of the Mi- 
 
 I nutes 
 
 
( 66 } 
 
 mites of the Convention ? mould you know them again if you 
 fliould lee them ? A. I have feen them lyhi there. 
 
 O. Shon Id you know your brother's hand 'writing;. A. Yes. 
 
 Q. Was Mr. Callendar a member of the Convention ? 
 
 A. He ufed to attend there. 
 
 Q. Did yon ever hear any thing of a motion made by him 
 Tefpecting the Convention Bill ? 
 
 A. I recollect fuch a motion being made in the Convention. 
 
 Q. Who was it made by ? A. I am not certain. 
 
 Q. Do you remember hearing a debate on the motion re- 
 fpecting the Convention Bill ? 
 
 A. 1 recoiled; there was a debate upon that motion, but I 
 don't recollect the particulars. 
 
 Q. Do you remember any thing mentioned in that debate 
 re fpecting a Convention of Emergency ? 
 
 A. I think it was at the fame time that the Convention of 
 Emergency was mentioned ? 
 
 Q. Do you remember any other event in which cafe it was 
 to take place ? A. I don't recollect. 
 
 Q. Do you remember any thing having been faid about a fo- 
 reign invafion in that debate ? 
 
 A. I believe there was fomething faid about a foreign invafion. 
 
 Q. Are you fure nothing was faid as to a French invaiion ? 
 
 A. No. 
 
 Qf Was any thing faid about Hefiiars and Hanoverians? 
 
 A. I don't recollect that ; it was, in general, troops, and 
 foreign invafion. 
 
 Q. Was any thing faid of foreign troops landing in this 
 country ? 
 
 A. I believe there was, but I cannot fay I heard mention 
 made of both. 
 
 Q. Did you hear of the Habeas Corpus Act? 
 
 A. Yes; on the fame occafion. 
 
 Q; Do you remember any motion, or any fpeech having been. 
 made with refpect to the difperfion of the meeting, and what 
 \vas to be done in thot event ? 
 
 A. I recollect fomething being faid about the difperfion of 
 the Meeting ; that if they were illegally difmiiled, the Conven- 
 tion mould meet. 
 
 Lord Jufttcs Clerk. Do you meau the Convention of Emer- 
 gency I 
 
 A. I fuppofe it meant the members then prcfent. 
 
 Q. Do you recollect who it was that fpoke with regard to 
 the difperfion of the meeting ? 
 
 A. A number of perfons {poke, but I cannot: recollect who it 
 
 Qj Did Mr. Margaret make a fpeech upon that fubject ? 
 A. I think he did. 
 
 Q. Did you hear of any motion being made with regard tc a. 
 Secret Committee ? A. Yes. <X How 
 
( 67 ) 
 
 Q. How many did it confift of? 
 
 A. I don't recoiled: the number. 
 
 Q. Do you remember who made the motion with regard. to 
 it ? A. I don't recoiled:. 
 
 Q. Was Mr. Margarot a Member of the Secret Committee ? 
 
 A, I don't recoiled: whether he was or not. 
 
 O. Look at that paper ; did you lee it in the Convention at 
 any time ? A. I never did. 
 
 Q. Did you hear that motion made for a Convention of 
 Emergency ? 
 
 A. 1 recoiled: a motion to that purpofe having been made. 
 
 Q. Do you remember any thing of a Secret Committee being 
 appointed ? A. Yes. 
 
 O, Was Mr. Margarot a member of it ? 
 
 A. I do not recoiled:. 
 
 Q. (Shews him three Gazetteers). Look if they were pnblHhed 
 at your Office ? A. Yes. 
 
 Lord Juftks Clerk. Were thefe publications known to the 
 Convention ? A. They were to individuals in the Convention. 
 
 ). Was it never mentioned in the Convention that it was to 
 be publifhecl ? 
 
 A. It was mentioned that an account of the proceedings of 
 the Convention were to be publiflied ; but I don't recoiled: that 
 that was in the Convention. 
 
 Lord Ejkirove. Was there no refolution in the Convention to 
 fupport that paper ? 
 
 A, There was fome motion to that purpofe, but I don't re- 
 colled: any refolution being come to upon it. 
 
 William Rofs crofs examined by Mr. Margarot. 
 
 Q; You took notes for the purpofe of publifhing them in the 
 Gazetteer. Did you ever fubinit thefe notes to me before they 
 were publiflied ? 
 
 A. I never did. 
 
 Qi You fay you was as accurate as poffible ? 
 
 A. I don't know that I was inaccurate. 
 
 O. Are you hard of hearing ? 
 
 A. I was at that time, and ftill do continue a little fb. 
 
 O. Was there ever any talk in the Convention of our Con- 
 vention of Emergency being for the purpofe of afliiting the 
 French if they invaded this country ? 
 
 A. J never heard of fuch a thing. 
 
 Q. Did fuch a thing ever enter your head ? A. No. 
 
 Q. Nor any body elfe, in their Venfes, I believe. You have 
 heard of a Secret Committee. Do you know whether that Se- 
 cret Committee ever did' any thing ? 
 
 A. I never heard of their doing any thing. 
 
 8; What was the mode of appointing Committees ? 
 
 A. The 
 
A. The general mode was, that they were appointed by the 
 Sections. 
 
 , Q. Was there not among the regulations of the Convention, 
 one which exprefsly enjoined on fuch Members, as fliould be 
 chofeu to any office, to accept of the fame ; that is to fay, that it 
 barred them a refuial .' 
 
 A. 1 tnink I have a recollection of that, but I am not pofitive. 
 Q, You fay I made that motion for the Convention of Emer- 
 gency. Did I propofe to repair to that Convention aimed ? 
 A. I did not hear any thing of that fort. 
 Q. Did I propofe carrying on, by that means, any correfpon- 
 dence with any foreign enemy, from whom an invafion was to 
 be expected ? A. No. 
 
 Q. Was the Gazetteer fubmitted to the Convention before it 
 was publimed ? A. That was impofli'ole. 
 
 Q. Then they did not fuperintend the puhlifhing of the Ga- 
 zetteer? A. Surely not. 
 
 Q. Did they ever order the printing of the Gazetteer ? 
 A. No. 
 
 Q. At whofe expence was it carried on ? 
 A. At the expence of the publimer, Mr. Scott. 
 Q. The Convention never furniihed any thing towards the 
 expence of the Printing ? 
 A. Never a farthing. 
 
 Q. Then it was carried on totally independent of the Con- 
 vention ? A. I underftand it to be fo. 
 
 O. It feems thnt you recognize the fcroll of what is here 
 denominated the Miuutes of the Convention ; could you fwear 
 to it? 
 
 A. No, becaufe I never faw it till I faw it in the Sheriff's 
 Chamber. I have feen a fcroll of Minutes lying upon the table, 
 but 1 never perufed them. 
 
 Q. Does there appear to be any alterations, or interlinea- 
 tions in that pretended fcroll ? 
 
 A. I have feen the pen drawn through fome words. 
 Q. It appears then, that you know nothing at all about that 
 fcroll ? 
 
 A. No, I never perufed any of it till I faw it in the Sheriff's 
 Chamber. 
 
 Q. When the illegal difperfion of the Convention was fpoke 
 of in the Convention, did you thereby undei (land a difperfion 
 of the Convention in a con-ftitutionai manner, according to the 
 laws of the land, or did you unclerftand a difpcrfmg of it by 
 force, unaided by the laws ? 
 
 A. I underwood the difperfing of it without law. 
 L<jrd Advocate. Did you undei Hand, that, by the words illegal 
 difperfion, was meant any difperfion by the Magiftrates af Edin- 
 burgh, or the Sheriff of the county ? 
 
 A. I undeiitood it meant a difperlion without any law. 
 
Mr, Margaret. What is your opinion of magiftrates ? are 
 they to ad: according to law, or do yow apprehend there is a 
 code of laws in this country which is to be the rule of their con- 
 duit I , 
 
 A. I underiland that the magiftrates were to acl according to 
 law ; and that if they did difperfe the Convention, it^xvould be 
 without law. 
 
 John Ward! aw was pivorn, but appearing to bs intoxicated y iuay 
 ordered to withdraw. 
 
 Lord Advocate. If we may judge from the appearance of this 
 man, he is in a (late of intoxication, and certainly very unfit to 
 be examined in a court of juftice, as a witnefs ; I mould there- 
 fore, were his evidence never ib material, avoid examining him ; 
 but before 1 give him up, 1 wifh to be fatisfied whether it is the 
 real itate of the man, at this moment, or whether, which is pof- 
 fible, it may be a mere pretence, and an appearance put on by 
 himfelf, on purpofe to avoid being examined ; if your Lordfhip 
 will allow him to be called back again, and put fuch quePJor.s to 
 him as may be deemed proper, that the Jury and your Lordihips 
 may be fatisfied whether he is fo or not. 
 
 Lord Hinder land, to the Macer. Did you obferve any thing 
 particular in the appearance of this witnefs in the morning? 
 
 A. He appeared to be the fame in the morning that he is now, 
 The ivitnefs called in again. 
 
 Lord Advocate. Was you inclofed this morning, at the fame 
 time, with the other witnefles ? A. Yes. 
 
 >. Have you got any provifion fiiice you went into that 
 room ? A. Yes. 
 
 Q. Have yon got any liquor? A. Yes. 
 
 O. Any considerable quantity ? A. None at all. 
 
 Lvrd AlvQcate. He &vs he is not in liquor, therefore, we may 
 proceed to examine him. 
 
 Q. Was you a Member of the Britifh Convention? 
 
 A. Yes, I had the honour to be a Delegate. 
 
 Q. Did you frequently attend the meetings of that Con- 
 vention ? A. "i es. 
 
 Q. Did you ever affift as Secretary there, upon any occafion ? 
 
 A. Never. 
 
 Q. Did yon write any minutes of the meeting at that time ? 
 
 A. When I was called upon to do fo, I did. 
 
 P_. Did it happen at any time/ A. Yes, once. 
 
 Q. Have you lee'n the pannel at any of thofe meetings I 
 
 A. Yes. 
 
 Q. Did you ever fee hinvact as Prefes, or Chairman at this 
 meeting? A. No. 
 
 Q. Look at that, and fee whole hand- writing it is ? 
 
 A- I believe it is my writing. 
 
 ), Who gave you that motion ? I wrote it myfelf. 
 
 Q. Vf'Uo propofed it to you ? A. I propofed it myfelf. 
 
 a- 
 
( 70 ) 
 
 Q. Did yon write it by defireof any body ? A. No. 
 
 Q. What is your proteflion ? A. A writer. 
 
 L*rd Advocate. Are yon in any writing-chamber ? 
 
 A. lain a writer, and that is enough. 
 
 Lord 1 - Ejkqrovt. In \vhofe chamber do yon write ? 
 
 A. That isnot the queilion, my Lord ; you don*t fpeak to 
 the point ; you inuft fpeak to the point, my Lord. 
 
 Lord Advocate. Did you fecond the motion ? 
 
 A. Yes, I counted it a laudable and proper motion. 
 
 4X Who deiired you to fecond it ? 
 
 A. I did it rnyfelf, of my own fr^e w 11. 
 
 Q. Did Mr. Margaret report that motion ? 
 
 A. I believe he did ; becaOfe it was hismotion ; and I wrote 
 it, and feconded it. 
 
 Q. Did Vou fee Mr. Margaret (1:51 it ? 
 
 A. I dmi't recollect hisfigning it ; I don't recollect whether 
 he wrote it or not. Mr. Margaro-t iia man of courage, and a 
 man of honour, and a man of virtus ; and a man that would not 
 deny his word by God. 
 
 Lardjiiflicc Clerk, What is that you fay ? 
 
 $. I faid he would not deny his word. 
 
 Lordjrtjtice Clerk. But you faid foinething elfe. 
 
 A. I faid by God. 
 
 LcrJ Juflice Clerk. He is either drnnk, or afFecfting to be 
 drank. My a-wn opinion is, that he is atfedting to be drunk ; 
 and, fuppofing he is not afFecling clninkenuefs, he ought not to 
 gee drunk, knowing he was to be called here as a witneis. 
 
 Lord Hendtriand. I move that he be committed to prifon for 
 a month. 
 
 He was cQiTtwitted. 
 
 Samuel Paterfon fworn. 
 
 Mr. Solicitor General. Are you a Member of the Britjfh Con- 
 vention ? 
 
 A. Yes, of the Convention that fat on the ipth of November. 
 
 <2; Was it called the Britifh Convention ? 
 
 A. It got that name afterwards. 
 
 j. You was acquainted with Mr. Callendar, who was alfo a 
 Member of that Convention ? A. Y es. 
 
 <. Was you ever prefent in the Convention, when a motion 
 was made by him ? 
 
 A. I cannot recollect. 
 
 Q. Do you remember a motion being made of what the Con. 
 vention were to do in cafe of a bill beingbrought imoparliamenc 
 like the Convention Bill that pa led in Ireland ? 
 
 A. I was not there when that motion was difcufled. 
 
 Q. Was you ever prefent \vhsn any motion of a fimilar na- 
 ture was difcuiled? A; No. 
 
 < Was 
 
( 7' ) 
 
 Q. Were yon ever prefent at any time \yheii the motion ivas 
 made refpeifting the illegal difperfion t A. NQ. 
 
 >. Is that paper your hand-writing ? 
 
 A. Yes ; it is not only figned by me, but tlfc body of it was 
 drawn up by the fecftion to which I belonged, and was by me 
 tranfmitted to the Convention. 
 
 Samuel Paterfzn crofs examine*! by Mt Margaret. 
 
 Q. This motion or paper, or whatever it is, was drawl up 
 in your clafs and brought to the Convention. Was it ever read 
 in the Convention ? 
 
 A. All that I can fay for this paper is, that it was drawn up 
 by the clafs to which 1 belonged, and was informed that it was 
 delivered to the Prefes for the time being, and I was not there 
 that night ; I was there only four nights altogether, and per- 
 haps once or twice only (reads tkj minutes). 
 
 Lord Jit. ft ice Clerk. Did you give it in yourfelf ? 
 
 A. I am not certain ; there was always a return made every 
 day of a new Prefes fcr the fucceeding day ? 
 
 Mr. Margarot. And you cannot tell to whom it was delivered ? 
 
 A. It was delivered to the fecretary, I fuppofe. 
 
 X How are you certain it was delivered, if you was not 
 prelent at the time of the delivery? A. I am not certain of it, 
 
 Q. Gentlemen, rray attend to this : By what authority did 
 the claries or the feifiions, or whatever they may be thought pro- 
 per to be called ; by what authority did they draw up any ir.o- 
 tion or paper ? Was it by any cxprefs command of the Conven- 
 tion, or was it an authority they ailumed of themfelves, as mean- 
 ing to ftiul their intentions, their opinions, to the Convention, 
 there to be difcuflc d ? 
 
 A. k was generally by the authority of the minutes from 
 the Convention the preceding night ; but that paper was, as far 
 as I recollect, drawn up without ajny minutes having been font 
 by the Convention. 
 
 >; You fc y this was drawn up by the clafs without any inter- 
 ference of the ( onvention? 
 
 A. As far as my memory will charge me, that was the cafe. 
 
 (X You was originally a member of the Friends of the Peo- 
 ple, and then a Delegate to the Britiih Convention, and I under- 
 Hand you have feceded fron them ? A. Yes. 
 
 Q; I inurV beg to afk one queftion . Does a reform in Parlia- 
 ment appear It 's neceilary to you at prefent than it did then ? 
 
 A. 1 mud appeal to the Court whether that is a proper quef- 
 tion or not. 
 
 Lc;\: Jit/lice Clerk. W^ have given full fcope to the Pannel, 
 becaufe he is a foreigner ; "but when a witness refufes to anfvver 
 s. queftion that is not proper, Vve are bound to fay he need not, 
 uidefs he chooies. 
 
 Mr. 
 
( 72 ) 
 
 Mr. Margaret. I will not prefs upon a fore place. Do you 
 know thai that was read in the Convention ? 
 
 A. I do not know ; I was not there that night when the quef- 
 tion was debated* 
 
 Lord Advocate. With the declaration of the Pannel, \ve mail 
 now clofe the evidence on the part of the profecution. 
 
 Tb g Declaration of the Pannel read. 
 
 Maurice Margarot, merchant in Mary-le-bone, No. 10, High- 
 ftreer, London; being examined and interrogated, whether he 
 was a member of the Britifh Convention of the Delegates of the 
 People, aflbciated to obtain univerfal fufFrage and annual parlia- 
 ments, ailembled in Edinburgh ; declares, that he does not ac- 
 knowledge the legality of a private examination, and declines 
 anfwering the queftion ; and being interrogated from what 
 place or diftricl: he is Delegate to the faid Convention, declares 
 he declines to anfwer the qneftion, for the reafon above fpeci- 
 lied ; and being interrogated whether he made any motions in 
 faid Convention, and of what n ature, he declares he mft de- 
 cline anfwering the queftion, for the reafon above fpecifled. 
 And being (hewn the paper, figned Maurice Margarot awd John 
 Wardlavv, of the tenor following : That the moment of any ille- 
 gal difperfion of the prefent Convention (hall be confidered as a 
 fummons to the Delegates to repair to the place of meeting, ap- 
 pointed for the Convention of Emergency by the Secret Com- 
 mittee, and that the fecret Committee is inflrudted to proceed 
 without delay to fix the place of meeting. 
 
 (Signed,) MAURICE MARGA^^T. 
 JOHN WIRDI.AW. 
 
 And being nfked, if he made any motion in the Convention la(t 
 night, or any other time, mult decline anfwering the queition > 
 for the reafon above-mentioned. And being interrogated if he 
 came to Scotland at the invitation of any perfon or perfons in 
 this country, declares he mult decline anfwering this or any 
 other queftions, for the reafons above fpecined ; and this he de- 
 clares to be truth. 
 
 This declaration was made and read over to him, in the pre- 
 fence of William Scott, of Harry Davidfon, arid joieph PringJe. 
 
 (Signed,) WILLIAM SCOTT. 
 HAK.RY DAVIDSON. 
 JOSEPH PRINGLE. 
 
 - Lord Jufltce Clerk. Now is your time, Mr. Margarot, to bring 
 forward your excnlnatory proof. 
 
 Mr. Margarot. Ho wean I bring forward my exculpatory wit- 
 nefies, when they are not prefent, and I am not granted a cap- 
 tion for them ? 
 
 Lord Juflice Clerk* Are thejre none of them here ? 
 
 Mr. 
 
( 73 ) 
 
 Mr. A'LrgJrcf. Yes ; my Lord, I will firft call the Sheriff 
 Subititute. 
 
 Evidence for the PanneL 
 
 Harry Davllfo?i fworn, examined by Mr. Margtrot. 
 
 Q. When I was apprehended and brought before you, did 
 not I make objections with regard to the legality of the proceed- 
 ings i 
 
 A. Yon did, 
 
 A Did I not complain of the treatment I had received in hav- 
 ing been taken out of my bed at feven o'clock in the morning, 
 and kept in a room where there was not even a chair to fit upon 
 until five in the afternoon, as though 1 had been a criminal and 
 a ie Ion ? 
 
 A. You mentioned thefe circumftances ; and I think my an- 
 f\ver was, that I was exceedingly forry for it, but that they had 
 not been communicated to me, or I mould have taken care that 
 you mould be better accommodated. 
 
 Q. Did I not ftate to you the illegality, as I apprehended, of 
 arreiting a man without even fhewing him the warrant ? 
 
 A. You mentioned that circumflance. 
 
 Q. Did I not promifeyou that I would enter a proteft againft 
 thofe proceedings I 
 A. Yes. 
 
 Q. Have I been as good as my word ? have you been ferved 
 with a proteft ? 
 
 A. Yes; I have. 
 
 Right Hon. Thomas Eldtr, Lord Provift, fworn. 
 t 
 
 Q. All I mean to afk you, my Lord, is, whether you could 
 cHicern any confufion, tumult, or riot, at the meeting at Laing's 
 workmop on the 6th of December, at your entrance f 
 
 A. There was no other riot, that I know of, than what was 
 occasioned by the magi ft rates interfering. 
 
 Q^ Then it was the magistrates caufed the riot ? very well, 
 my Lord. Was you acquainted with the bulinefs that the Con* 
 vemion were upon that night ? 
 
 A. No, 1 know nothing farther than it was a Convention for 
 illegal purpofes. 
 
 (. Do you apprehend, my Lord, that petitioning Parlia- 
 ment is illegal ? 
 
 A. Does your Lordfnip think I need anfwer that ? 
 
 Lord Jit ft ice. Clerk. I think not. 
 
 Mr. Margarot. Were you riot told that the intention of the 
 meeting was to coniider of anaddrefsfor a reform in Parliament, 
 by petition to the King or to thai Parliament I 
 
 A. I 
 K 
 
( 74 ) 
 
 A. I certainly heard fotne fuch thing. 
 
 Q. Whether, upon the preceding night, when I was abfenr, 
 v/hen you interrupted theConventic.ii, you was not Mkewife told 
 that the bnfinefs they were going to proceed upon was, whether 
 it would be beft to petition the King or the Parliament for a Re- 
 form f A. That I was told by Mr. Skirving. 
 
 Mr. Margaret. Now, my Lord, comes a very delicate matter 
 indeed. 1 mean to call upon my Lord Juflice Clerk, and I hope 
 that the queftions and the aufwers will be given in the moil io- 
 leinn manner. 1 have received a piece of information which I 
 fhall lay before the Court, in the coin le of my queitious : lii it, 
 my Lord, are you upon oath ? 
 
 Lvrd Jujlics Clerk. State your qneftions, and I will tell you 
 whether I will anfwer them or not ; if they are proper queitions, 
 I will anfwer them. 
 
 Q. Did you dine at Mr. Rochead's, at Inverleith, in the 
 courfe of lait week? 
 
 Lord Jufi'--? Clerk. And what have you to do whh that, Sir ? 
 
 Q. Did any converfation take place with regard to my trial ? 
 
 Lord Jrt flics Clerk. Goon, Sir. 
 
 Q. Did you u(e thele words: What mould you think of 
 giving him an hundred lames, together with Botany Bay ? or 
 words to that pui pofe ? 
 
 , Lord Juflice Clerk. Go on; put your quellions, if you have 
 any more. 
 
 Q. Did any perfon, did alacly fay to you that the mob would 
 not allow you to whip him ? and, my Lord, did you not lay that 
 the mob would be the better for lofing a little blood ? Thefe are 
 the queftions, my Lord, that I wim to put to you at preieiit, in 
 the prefence of the Court : deny them or acknowledge them. 
 
 Lord Juflice C/ert, Do you think 1 ihouid aiifwer queftions of 
 that fort, Lord Henderland ? 
 
 Lnrd Henderland. No, my Lord, they do not relate to this tri- 
 al : queirJonsas to fac~is, which are at all material to the charges 
 
 contained in this indiclment, my Lord Juftice Clerk Is obliged to 
 anfwer, but not other wife. 
 
 Lord FJkgrwe. What may have been faid in a private coin- 
 piny cannot in any way aftec^t this cafe as to the Panuel at the 
 bar : it certainly cannot throw any light upon the ftibjedt : my 
 Lord, I have concurred in allowing this gentleman, who is a 
 itran-^er from London, to put fuch queftions as I never before 
 heard of in a Court of Juflice, where, my Lord, every fubject 
 of this country, the meaneft and the pooreit that itands at that 
 bar, may have the afiiftance of counfel learned in the law. If 
 his fituation was fuch that he could not afford It, he might have 
 got it by the authority of this Court, which would have pre- 
 vented many things that were ftated upon the relevancy. My 
 Lord, there has not been a queftion pur to your Lordship that 
 could at all avail Mr. Margaret as ro his innocency in this trial, 
 
 and 
 
( 75 ) 
 
 and your Lordfhip very properly vraved anfwering them. I atn 
 of opinion that you ought not to anfwer queftions of that fore, 
 which cannot involve the fare of the trial j I therefore think that 
 it is not confident with the dignity of this Court, and cannot be 
 beneficial to the Pannel. 
 
 Lord Swinton. Any tiling that may tend to exculpate him, or 
 alleviate the crime charged againft him, had he propofed quef- 
 tions of that fort, not only my Lord Juilice Clerk, but every one 
 of us mull have anfwered them by the laws of the country ; 
 but the anfwer to none of thefe questions can either tend to ex- 
 culpate him or alleviate the offence of which he is accufed. My 
 Lord, not one of them are proper, not one of them are compe- 
 tent;, and ought not to be allowed to be put ; and were he not a 
 ftranger to this country, I fltould look upon it as an infult offered 
 to this Court. 
 
 Lord Dun finnan. The Pannel is allowed to adduce what ex- 
 culpatory vvitnefies he thinks proper ; your Lordfhip well knows 
 that by the conftant rule of this Court, before the Pannel pro- 
 ceeds with his exculpatory proof, he is called upon to ftate the 
 nature of that proof: he has put qnefti.ons to your Lordfhip, and 
 it appears to me that no anfwer to thofe queftions could in any 
 decree tend to exculpate or alleviate the charges againft him. 
 'Lord Jit ft ice Clerk. Have you any other witnefles ? 
 A. It is neecllefs, my Lord, when I am told that the anfwers 
 to fuch queltions would neither exculpate me nor alleviate the 
 charges againft me, but it would have gone to fhew the Jury 
 that 1 was pre-jud^ed before my trial came on ; and I did mean 
 indeed to have followed it up by another queflion, had you been 
 on your oath ; but as yon are not, I will not put it. 
 
 Lord Juft ice Clerk. Have you any oiher witneffes to adduce ? 
 . A. Yes, my Lord. 
 
 Charles SUward t called. 
 
 "Lnr.1 Advocate. For what purpofe do you call him > 
 
 Mr. Margarot. To afk him a queition concerning fomething 
 that appeared in one of rhefe papers, The Edinburgh Herald. 
 
 Lord dbercrtmbie. That is not a paper libelTd upon. 
 
 Mr. Margaret. No, but it libels me and the friends of a Re- 
 form in Parliament ; it is a comparifon between the Friends of a 
 Reform in this country, and the Anarchifts in France, and I 
 want, but I don't fee why I need tell my wants, unlefs he is to 
 be called ; I want, to know from whom it was (hat he received 
 the original of this letter; that is a fair queftion that I have a 
 right to afk m any court of Juftice, and it is a queftion that 
 ought to be anfwered : 'tis a paper that has thrown an odium 
 upon the Friends of Reform. 
 
 Lord Dunfnnan. This worjd lead into a very ewenfive field, 
 it the Fannel be allowed to go into an inveftigation of all the 
 
 writ- 
 
writings that have been publifhed, that have thrown, as he 
 fays, an odium upon the Friends of Reform, and there is no- 
 thing founded upon it againft the Panncl. 
 
 Lord Hendsrtand. This paper is no part of the evidence pro- 
 duced againft Mr. Margarot, otherwife he might be entitled to 
 enquire by whom it was put in ; but to go into a queftion of eve- 
 ry thing that has been faid for and againft the Friends of the 
 People in the newfpapers, is totally irrelevant to this trial ; for 
 if Mr. Margarot has been injured in that refpedl, the law is open 
 to him, not on this trial, but on another occafion, and it can 
 liave nothing to do with this trial. 
 
 Lord Swiuton. By an act of 174?, it is the pvifoner's duty by 
 that Ad: of Parliament, to give in, the night before the trial, 
 or fometime before the trial, the facts upon which he is to found 
 liis defence, and he mall be allowed to prove nothing in his de- 
 fence, but what is contained in thnt lift cf fuels-, but if what 
 lie has now ftated would be material to his defence, I am fure 
 the Lord Advocate would allow him to prove it ; but there is 
 nothing here that could tend either to exculpate or alleviate ; 
 it would lead us into every thing that has been wrote, pro <nd 
 con. upon the fubject, and who it was that gave the foundation 
 for it, and therefore I conceive it not regular. 
 
 Lord Efkgrove. lam of the Came opinion ; I think it can 4 be 
 of no avail to him upon the face of the earth. 
 
 Lordjuflice Clerk. It is very true, my Lord, that there is a 
 ftatute of the late King, and I think it was a very proper rule 
 that was adopted by that ftatute, and \ am forry that it is uo 
 more attended to than it is, and I mould be forry to deny this 
 Pannel any thing that could avail him in his defence, ana lie 
 might have had the advice of Scots lawyers or agents, and the e- 
 lere I am of opinion, that it would not tend to criminate other 
 people who are not here, or are not put upon their de- 
 fence. 
 
 Mr. Margarot. Then it is needlefs faying any further upon 
 that; it would only have tended to clear up the minds cf the 
 Jury, who might have, received unfavourable impreffions, and 
 which might have been done away by fomequeftious put to the 
 printer; but which, perhaps, fome people would wifh to fee en- 
 couraged. 
 
 James Calder fwcrn. 
 
 Lord Henderland. What bufinefs are you ? 
 A. A friend of the people. 
 Q. Do you live upon that ? 
 
 A. I live upon my father, Donald Calder, merchant in Cro- 
 ahartie. 
 
 . What are you ! 
 
 A. (JJt.-r 
 
( 77 ) 
 
 A. ( Afttr fome LefiUition) I am a ftudent, nnd attend the 
 \iniveifity here. 
 
 Examined by Mr. Margarot. 
 
 <2; Were yon ever prefent at any of the meetings of tlie 
 General Convention of Friends of the People in 1792, and the 
 beginning of 703? 
 
 A. Not in 1792, but I was a member of the Convention of 
 April 179?. 
 
 j. What is your opinion upon the views of thofe Conven- 
 tions ? A. I cpnfider them to be perfe&ly legal. 
 
 Q. What was the pnrpofe of their aflembling ? , 
 
 A. To obtain a reform in parliament. 
 
 .Q. Wrrs you ever interrupted in thofe meetings by the 
 Civil Magistrates ? 
 
 A. No ; as far as 1 know, I never was. 
 
 Q. Did you ever hear, in the courfe of your communications 
 with other people, that the magiitrates deemed thpfe meetings 
 leclitions and illegal ? A. No, I never did. 
 
 Q. Yon don't know of any members of thofe Conventions 
 ever liavihj been apprehended, in coufequence of their being 
 members of thole Conventions. A. No; I never did. 
 
 Q. Was yon ever prefent at any of the meetings of the laft 
 Britim. Convention ? 
 
 A. Yes, I was occasionally. 
 
 Q. Was there any material difference in their proceedings ? 
 
 A. I certainly know of no difference ; there might be fbme 
 difference in their mode of expreffion, as to the objects they 
 had in view. 
 
 Q. Was the trod e of proceeding in thefe objects nearly the 
 fame ? A. They were, as far as I know. 
 
 Q. \Vere the bne and the other equally void of violence, 
 tumult, or (edition ? A. I never faw any thing of the kind. 
 
 j. Were any f editions doctrines ever held or authorifed In 
 the Britifh Convention ? 
 
 A. Nothing ihat I mould call feditioiis mylelf, or that I 
 ever thought feditious. 
 
 5- Did you imagine it to be a part of the people's right to 
 meet in that manner, to petition parliament or obtain a reform ? 
 
 A. I always tmderltood fo. 
 
 Q. Was you prefent when I was faid to have made the mo- 
 tion with refpcd to the union between Scotland and England ? 
 
 A. 1 don't recoiled: the time rhe motion was made ; but I 
 think 1 remember a motion of that defcription. 
 
 'Q. What was the intention of that motion, if you can reco?- 
 let't any thing of it ; as far as you could infer from the words 
 that it w :-..-> xpicfled in, was there nny thing in it of an evil 
 tendecy with regard to the king and government of Britain ? 
 
 A. As 
 
( 78 ) 
 
 A. As far as I recoiled, it was a general fort of a plan oF 
 operations between the focieries in England and Scotland. 
 Q. To produce what end ? 
 
 A. To eftablim. a correfpondence between the focieties of Eng- 
 land and Scotland, upon a conftitutional mode of proceeding 
 to petition the legislature. 
 
 Q. Was you prefent when (as he is called here) Citizen Cal- 
 lendar made a motion receding a Conveiition bill ? 
 
 A. I don't recoiled j j . I don't think I was prefent at the time 
 that motion was made. 
 
 Q. But you underitood the nature of that motion to have re- 
 fped to the time when a Convention Bill fliould be brought into 
 the Houfe of Commons : did yon underftand that the Conven- 
 tion of Emergency, which was to take place on the introduction 
 of fuch bill, or rasher whether the Delegates of the Convention 
 of Emergency were toafiemble, immediately upon the introduc- 
 tion of fuch Bill, or wait till it had palled in the Houfe of Com- 
 mons ? 
 
 A, They were to affemble, as far as I recollect, upon the in- 
 troduction of fuch a Bill. 
 
 O. I fuppofe that you thought that this Convention was to 
 oppofe that bill ? A. Yes. 
 
 Q. In what way. 
 
 ^ A. In a legal and conftitutional manner; by petitioning Par- 
 liament, or by counfel. 
 
 Q. Had you any apprehenfion that thefe Delegates meant to 
 employ open violence ? 
 
 A. I never heard any thing of that kind. 
 O. Were there any warlike preparations for that purpofe ? 
 A. No. 
 
 Q. Was there any fum fubfcribed for that Convention ? 
 A. No. 
 
 Q. Were any extraordinary meafures taken to give ftrength 
 to that Convention, which the Britiili Convention did not then 
 enjoy ? A. No. 
 
 Q. Were you prefent at the meeting at Laing's ? 
 A. Yes, I was. 
 
 Q. What did you hear the Sheriff Subftitute fay ? 
 A. I heard him deiire t.hem to difperfe. 
 >. What i eafon did he give for the difperfion ? 
 A. He laid he had orders to difperfe them ; that it was an il- 
 legal and unconftitutional meeting. 
 
 Q. You are certain that he fait! he had orders ? 
 A. Yes, I am very fu re of that. 
 
 Q. Was he not informed of the conftittuion"! manner in 
 
 which we were proceeding to debate on the queftion refpecting 
 
 an addrefs to the King, or petition to Parliament, for a Reform'? 
 
 A. As far as I recoiled he was, though 1 cannot fay by whom, 
 
 but I believe it was Mr. Skirvhig. CX Was 
 
( 79 ) 
 
 ). Was you there the preceding night, when the Lord Pro- 
 voft came to difperfe that meeting ? 
 
 A. I came in about the time that he came. 
 
 Q. Weie they peaceable before the Lord Proved came ? 
 
 A. I was not there long; before. 
 
 Q. Was you there when lie came in ? A. Yes. 
 
 <J Was there any confuiion after he came ? A. No. 
 
 Q. Did you hear it explained to the Sheriff Subftitute when 
 he difperfed them at Lnwg's, what was the nature of the bufi- 
 r.efs of the evening ? A. Yes, 1 anfwered that queftion before. 
 
 Q. When force was faid to be neceflary to difperfe us, after 
 the token of force given by the Sheriff to the Chairman, was any 
 further force tteceflary ? 
 
 A. No ; after Mr. Margarot came out of the chair, fomebody 
 called Mr, Gerald to it, and he took the chair, and we did not 
 difperfe till he went to prayer, and then we went away. 
 
 (X Was it actual force that difperfed us, or an ideal force, 
 a fubmifhon to orders that we did not refill ? 
 
 A. A fubmiflion to orders ; but 1 looked Upon the order of 
 the Magistrates ro be force. 
 
 Q. But the members of the Britifli Convention, when fo dif- 
 perfed retired peaceably, did they not ? A. Yes. 
 
 Join Clark fworn, examined by Mr. Mar gar at. 
 
 Q. What are yon ? A. A Mafon in Edinburgh. 
 
 Q. You was a member of the Britifh Convention ? A. Yes. 
 
 X. With what view did you join that Convention ? 
 
 A. I joined it with a view to obtain a Reform in the repre- 
 ientation of the people. 
 
 >. Was you convinced in your own mind that the attempt to 
 obtain a Reform was legal and conititutional ? 
 
 A. I thought fo, or I would not have been a member of it. 
 
 Q. You are on your oath, and I defire you to anfwer this 
 fairly ; if you had found that the Members of the Britifh Con- 
 vention had departed from that conititutional line in which they 
 fat out, and in which they were acting when you joined them, 
 would you have abandoned them ? 
 
 A. If I had thought that they had deviated from that confli- 
 tutional line, I certainly would have abandoned them, no doubt 
 of it ; but I have not found it. 
 
 Q. You have not then abandoned them yet? 
 
 A. No, not fo long as they are conflitutionnl. 
 
 Q. What was the tenor of the behaviour of the Convention ? 
 was it peaceable behaviour and orderly, or riotous and tumul- 
 tuous ? 
 
 A. Peaceable and orderly. 
 
 <i Was any feditious doctrine encouraged or promulgated 
 there ? 
 
 A. I 
 
A. I am at a Jofe to know what feditious docftrine is now, 
 smd i cannot anfwer that ciueilion ; 1 did not underiland it to be 
 
 Q. Was any ftep propofed at any time that yon might think 
 msconfthiukmul, from your knowledge of the couititmion, or the 
 Bill of Rights, and of the Claim of Rights } 
 
 A. Nernot any thing. 
 
 g. Wliat was the motive of the Convention, for endeavour- 
 ing to promote a union between Scotland and England ? 
 
 A. I understood it was to promote a union between thofe fo- 
 ciedes that wiihed for Reform, that they might unite in adopt- 
 ing the Coniiiiutional means to obtain ir. 
 
 Q. You never harboured any idea that it was for a finirrer 
 fmrpofe, did you ? A. No. 
 
 Q. Did yon ever underiland that if the French landed in 
 England the Convention were to nuji ilitm ? 
 
 A. Omie the reverfe. 
 
 <,"?. Do you know of any member of the Britifh Convention 
 having any correfpondence whatever with France, direcftiy or in- 
 <i i i ectly ? A . No n e . 
 
 Q. Was you prefent when the Lord Provofi difperfed the 
 Convention on the 5th December f ^A. J\o. 
 
 ^X Was you preienc at the time the sheriff Substitute difperfed 
 them on the 6th December ? A. I \v-;s. 
 
 Q. Before the Sheriff Subititure came in, how was the Con- 
 vention with regard to order., peace, aiid decorum > 
 
 A. It was perfectly orderly, but I was a very ihovt time in 
 before the Sheriff Subftitute came. 
 
 Q. What did you understand to be the fubjed of the debate 
 that night ? 
 
 A. There was a motion about anothrr petition to Parliament. 
 
 >. What was faid to the Sheriff when he attempted to dif- 
 perfe us?, 
 
 A. I believe he was told that it was a peaceable conftitmional 
 meeting, and that his difperling us w i ; we were r.set for 
 
 the purpofc of petitioning Parliament, and were emicled to do 
 Ib by the conflirution. 
 
 What was his reply ? 
 
 A. That he behoved to obey hi:, orders ; that he did not come 
 to argue, but to obey his orders, to difpeffe tlie nieetiH^. 
 
 Q You ascertain he mention "d the words, his orders ? 
 
 A. 1 chirk I am pretty certain of that. 
 
 Q. Did^ as Chairman require feme fign of force from him ? 
 
 A. You did. 
 
 C. What fign offeree did he rnnhe vfe of? 
 
 A. He touched you by the hand, and faid., come our, and 
 yon faid, no, it mini be a lirtl? snore than that, and then he 
 took you by the arm and gently pulled you out, as I would a 
 friend, and then you came out; then Mr. Gerald took the 
 
 chair 
 
f 8 1 ) 
 
 chair, and it was moved, that we fHould diflblve m the ordinary 
 way, with prayer ; upon which Mr. Gerald went to prayer, and 
 we came away. 
 
 Q. - Do you apprehend there was any idea of refiftance, or . 
 any attempt to refill:, or that any individual mewed a wifh to 
 refill ? 
 
 A. None that I know of; it is diftant from my idea. 
 
 Q. Do you apprehend that the general apprehenfion was at 
 that time, that the Sheriff was ading unlawfully ? 
 
 A. I prefume it was ; but I cannot fay what they thought. 
 
 0; However, they retired peaceably. A. Yes. 
 
 (,X ' And no riot enfued ? No. 
 
 (7. No drunken bont enfued that night, of the Friends of th 
 People ? None to my knowledge. 
 
 John Clark crofs examined by Mr. So /id tor General. 
 
 Q. You have been talking about the Bill of Rights, and the 
 Claim of Rights, where have yon read them ? in what book is it 
 to be found ? A. I do not recoiled:. 
 
 Q. Can you tell any thing about this Claim of Rights, any 
 of the articles of it ? I cannot tell the whole. 
 
 >. Yon have upon your oath told us, there was nothing 
 done in this Convention contrary to the Bill of Rights, or the 
 Claim of Rights ; is the right of petitioning Parliament one of 
 the articles ? A. Yes. 
 
 O, Did you ever read any thing about illegal aflbciations 
 called by private authority, either in the Bill of Rights, or 
 Claim of Rights ? I cannot recoiled: at prefent. 
 
 Lord Abjrcrombie. Did you ever ad: as Prefes in the Britifh 
 Convention ? 
 
 A. When I was there as Preliclent I was keeping order. 
 
 O. How often was that ? Only once. 
 
 Lird Advocate. You was a Member of the Secret Committee ? 
 
 A. 1 was. 
 
 Qj Who were the other Members ? 
 
 A~ Mr. Margarot, Mr. Brown, vnyfelf, and the Secretary* 
 
 Mr. Margarot. Did that Secret Committee ever act ? 
 
 A. Not that I know of. 
 
 Mr. Margarot. I will, with the leave of the Court, lend you 
 the Claim of Rights to read. 
 
 Lord Advocate. Did you ever read the Habeas Corpus Act ? 
 , A. No. , 
 
 >. Did you ever read the Ad: of 1 701, on Wrongous Inipri- 
 fon m en t ' A. No. 
 
 Mr. Solicitor General. Is it a Scotch or an Englim Act ? 
 
 A. An Englifli Act. 
 
 Mr'. c/it;:tor Gcjisral. So that is your knowledge of the Act of 
 
 ' 
 
 L A, Stop 
 
A. Stop, I believe I am wrong ; for the Union tok place in 
 
 1706. 
 
 Lord Advocate'. Gentlemen of the Jury, you are called upon 
 in the common and ufual routine of your duty to decide upon 
 the truth of the indictment, which I have felt it my duty to pre- 
 fer again't the Pannel at the bar, who is filled, and calls himfelf 
 in the paper which is termed a Declaration, emitted by himfelf, 
 before a proper officer, to be a merchant, refiding in Marybon in 
 London ; you are therefore his equals, and his proper and com- 
 petent Jury to decide upon his guilt. 
 
 Gentlemen, I muft fay, and again repeat, that you fit this 
 riight in the common coin fe and routine of your duty, although, 
 if I charge my memory right, or I can truft to the Note which I 
 took at the time the Pannel in that fpeech, or rather fucceffion 
 of fpeeches which came from him, not in my opinion with much 
 judgment, not in my appreheiifton with much prudence ; faid 
 Something of Packed Juries, and (which he has a right to fay) 
 cf my endeavouring to impofe upon your undei ftandings : \ 
 truft you will feel this moment, :is 1 hope and truft the country 
 at large will feel, that it is not in the power of the higheii fub- 
 jecl: of this country, be his fttuation what it may, to pack a Jury 
 either here or in our fitter-kingdom, or to prevent the mcaneft 
 criminal from getting what th law and the constitution of his 
 country gives him ; a juft, a fair, and an impartial trial. I truft 
 you will feel at this moment, what I do in my fituation as Pro- 
 fecutor, a complete and perfect independence ; a defire to do 
 my duty to my country at large ; a determination to follow the 
 dictates of my own confcience, and when 1 exercife that to the 
 beft of my judgment and the belt of my underftanding, as I know 
 and I trull you will do this evening, I care not what is faid either 
 by a criminal in the moment of intemperance, or by perfons 
 without doors, endeavouring to (hake the confidence which the 
 people of tire country have of the ineflimable privilege of trial 
 by Jury. I deny that Juries are packed, or that any inftance has 
 exiilecl, or can poffibly exift in this country, of fo foul and fo 
 grofs an afperfion being juft. 
 
 Gentlemen, I am not without fome apprehenfious, in confe- 
 quence of an indifpofition which I have laboured under fince I 
 )ail addrefled a Jury of this country upon a trial of a fimilar na- 
 ture. I am not yet perfectly without my apprehensions, that I 
 may not be able at this late hour of the night, and in a Court fo 
 crouded as this, to do what is on all occafions my bounden duty, 
 and which the peculiar fituation of this country, at prefent, 
 iflore particularly demands, to ftate the nature of the evidence 
 lying upon the table, joined to that which was read at the foot 
 of it to day ; that I may not be able to bring it in fo confpicuous 
 a point of view, or difcriminate with that accuracy in the volume 
 of Factious, Seditious, and Treafonable matter, which lies upon 
 
 your 
 
your table, that which you ought to dwell upon, and that which, 
 you ought not ; but I truft in fome degree to the goodnefs of my 
 caufe ; I truft more to the underftanding of the Jury, and I tnift 
 Something to that feeling of regard to my Country, and that fpi- 
 rit which a good and loyal fu'bjetft ought to feel arid to entertain, 
 that I mall yet be able to make out fuch a cafe from the evidence 
 before you, which will impofe upon you the fevcre, but the juft, 
 talk of returning a verdid of guilty, again ft the perfon at your 
 bar, upon themoft folid, convincing, and conclufive procff that 
 it is poffible. 
 
 Gentlemen, the Pannel at your bar ftands charged with Se- 
 dition. Upon that fubjetft we have to-day had much difculiion ; 
 we have had a great deal of ignorance profefled, by men who 
 furely ought to have been the laft to make that profeffion, who 
 hold themfelves out to their fellow fubjects as Members of a 
 Convention which is to teach reform to Parliament, which is to 
 fubllitute fomething better, in place of what we enjoy, who 
 have audaeioufly pretended to aflame to themfelves that impor- 
 tant talk, and that important character, of fcttingafide or of im- 
 proving that inheritance which they enjoy from thofe who have 
 gone before them, and, who I lincerely hope and wifli attended 
 with that propriety, and that degree of attention which was ne- 
 ceflary to the importance of that talk before they entered upon, 
 it, or before they pretended to be ignorant of what Sedition 
 was. 
 
 Gentlemen, to refer to Law Books is perfectly unneceflary ; 
 the Counfel who opened this Cafe to-day upon the part of the 
 profecution, traced his authority back to theearlieft book which 
 we know, or which the Law of Scotland acknov.'ledges, the book 
 of Regiarn Majejlatem ; and if the Pannel at the Bar, or thofe 
 Members of the Britifli Convention who have profefled to-day 
 fuch ignorance of what Sedition is, if they had turned up, I am 
 forry to Jay, the only criminal book of the Law which we Law- 
 yers acknowledge to be of authority, I mean, the book of Sir 
 George Mackenzie, they would have found a feparate and dif- 
 tinct treatife, defining exprefsly the crime of Sedition, giving it 
 its technical definition as clearly as the definition of murder, 
 falsehood, forgery, rape, or any other crime which occurs in the 
 common conrfe of criminal jurisprudence. If any fet of men let 
 their oftcnn* ve purpofe be a redrefs of grievances, as in this cafe, 
 till it afl'umed the appellation of the Britifii Convention of the 
 Delegates of the People, aflociated to obtain univerfal fuffrage 
 and annual Parliaments, as was the cafe I fay, of the former 
 Convention, of which the boy Calder told us juft now he had 
 been a Member, if their purpofe was reform ; yet, if that pur- 
 pofe is not to addrefs the King or the Legiflature of the Coun- 
 try, in a conftitutional way, by petition to the King; but if on. 
 the contrary, they are aping and imitating the example of a 
 neighbouring Country with which we are at war, or if it goes 
 
 the 
 
the length of coavocnting thoufands of perifons who may form 
 thcfe Societies, not to apply to King, Lords, and Commons, in a 
 proper, legal, aiid conititutional way for i;edrels ; hut it it does 
 affurne the power of forming itfelf into a fcparate hody, or Con- 
 tention altogether ; if it goes the length of what I will ihevv 
 you, upon a fair review of the evidence, it did in this cafe, over- 
 awing Parliament ill the execution of its duty ; that in the event 
 of aninvafion, or fome fuch fimilar circumilance, they \\eve not 
 only to control and overawe the .proceedings of Parliament, but 
 were, in the conftruclion of common fenfe and reafon, to join, 
 in place o-f refilling the Invaders, for that is the conchificn. 
 "Which I ill ill draw from the evidence 011 the tahle, in fpite of all 
 the declarations and profeffipns which came from the Aflociaies 
 of the Pannel this day at th'e har : if it goes that length, it is 
 clearly and diftinclly thecj-ime of Sedition, as clear and unequi. 
 vocal as .eter occured in the practice of any civilized countiy. 
 The evidence, therefore, Gentlemen, is now before you I ilate 
 that to be my vie -A' of the cafe ; that is the opinion which 1 form 
 upon the review of it ; my opinion is nor binding upon you; 
 but you will confider thole parts of ir, which it is now my duty 
 to ftate and comment upon : you Will give to it your belt atten- 
 tion, ami lay your hands upon your hearts, and confider, whe- 
 ther it is not the only, the plain, and the neceHkry deduction and 
 inference, which arifes, not from any particular expreflion, cif- 
 cumftance, motion, or paper ; but from a general complex view 
 of the whole, tallying and comparing it at the fame time viili 
 the parole teftimony laid before, yon this day. 
 
 Gentlemen, the evidence is of two kinds, written and parole : 
 the principal and chief part of it (and I fay fb, becaufe it is the 
 mod certain and the molt unerring), is the written evidence 
 anfirrj; from the minutes of this felr-conllituted Convention ; 
 from the papers found upon Mr. Margarot, contained and refer- 
 red to in the general inventory upon the table, and from three 
 jiurnbers of the Gazetteer, which in the fequel 1 fhail fliew you 
 to be completely brought home to this Convention. 
 
 Gentlemen, the fin't queflion which you are to confider is, 
 whether or not this meeting, from the loth of November (for I 
 go no farther back) till the 4th of December lail, where the Mi- 
 ntues flop, becaufe we all know, and it is proved to-day, that 
 the Magiftracy of this City, did, early on the morning of the 5th, 
 apprehend thefe perfons and feize their papers. The firft quef- 
 ' n which you are to alk is this : Was it or not a meeting of a 
 i Jitiofs nature ? for if you are of opinion, that it was not a 
 u>se r .ing of a iedkious nature ; if you fhould confider it in a dit- 
 :c.'e:u point of vie\y, .to what I humbly prefume to do ; that it 
 was as innocent, fair, legal, and coniiitutional meafure, it is in 
 vain, fuperfluous, and unnecelfJary for you to enquire, wherher 
 the Panne! is a Princip il Aiitor in that Meeting; becaofe no man 
 cau be found guilty of* the proceedings of a Meeting which a j ury 
 
 toall 
 
fhall be of opinion, is within the pale of the law, and fuch as the 
 laws of this Country entitle any man to call together. 
 
 Gentlemen, fomething was laid to day, in the courfe of this 
 .debate (if I may fb term it), that was perfonal againft my fell as 
 a Member or' another Conventicn ; fomething was (aid with re- 
 -gard to the aitonifhing circumftance, of not bringing the Bo- 
 rough reformers to trial in this court, fomething was faid alfo 
 witli apparent marks of exultation on the part of the panrcel, 
 .that chough, three Conventions of the Friends of the People had 
 taken place in this city, in the courfe of eighteen months pail, 
 no notice whatever was taken by the Public Profecutor of any of 
 thole Conventions, till, as Margarot, I think, ftated, we took 
 alarm ; becaufe we faw, that he and his friends were in clanger 
 pf opening the eyes of the people ; that it was not till we were 
 alarmed, and the eyes of the people were about to be opened, 
 to the exiftence of thofe abufes, which it was their object to cor- 
 rect ; that I (negligent in my duty before) brought this man and 
 others his ailbciates to anfwer for the oifence. 
 . Gentlemen, my anfwer is this: I clefire not to enter into the 
 queltion, how far Conventions by Delegation are, or not legal. 
 It is not the queftion now under your confide rat ion ; had 
 thefe Gentlemen, coniiued themfclves to what was the Law of 
 their Country, or adhered to what they profefled to be the cafe, 
 I ihould not have felt it ray duty to have brought them to trial, 
 for being ailetnbled in a Convention, or any thing of that kind, 
 which had for its object either the correction of the County 
 -Laws, of the Borough Laws, or any other correction which the 
 wildest or molt unreasonable fpeculatift might think it worth his 
 while to aim at. , 
 
 Gentlemen, I never thought of bringing before you the Con- 
 ventioii of 1791, the Convention of April 1793, or the fubfequent 
 Convention in. October lalt ; i.or did I think of bringing the 
 perfons now charged before you with Sedition, till the very 
 name they ailumed, every advertisement they inferted in the 
 papers, every thing verbal or written, demonftrated to my mind, 
 demontbated to Scotland, demcnftrated to England, and to the 
 empire ap large, that they were a fet of French Convention- 
 ills. i give them that name ; } erfor.s who, as far as they durft, 
 and their audacity I believe wrs matter of aftonifhment to the 
 country at large, who durft t; ke pofleffion of this metropolis, 
 who dared within its walls to hold out the example of a French 
 model, holding out their example as the principle upon which 
 they acted, as the objects and point to which their deliberations 
 tended. 
 
 . Gentlemen, foineth-ns: was faid of orders being given to Mr. 
 Davuifbn, the Sheriff Subftitnte, that he acted by orders : whe- 
 ther he acted by order or. not, whether he acted by the orders of 
 the reipecbible Gentleman who ~*vas Sheriff Depute of the 
 County, but who has iince received a diUinguifhing nvark of his 
 
 Sovereign's 
 
( 6 ) 
 
 Sovereign's favour, whether he went by -my orders, or by the 
 orders of any body elfe, is nothing to thepurpofe ; I did confult 
 with that Gentleman ; I did confult with your chief magiftrate ; 
 I defired them to attend to their duty ; if any defire of mine was 
 necettary.j we acted in concert together ; had we done lefs, we 
 had been guilty of a breach of office ; we had been guilty of ne 
 glecTting the in oft important interefts of mankind. 
 
 Gentlemen, were 1 to run over every fingle paper contained 
 in that Inventory, were I to addrefs you upon every motion 
 which appears in that fcroll of" Minutes before you, I mould de- 
 tain you this evening to a very late hour indeed ; but I ihajl fe- 
 le<5t a few of the molt pointed and diflinct motions, and evidence 
 therein contained. 
 
 Gentlemen, it is an important duty in which you are now en- 
 gaged ; the Pannel either is, or profefles himfelf to be, an Eng* 
 lifhman ; he is in fome refpe<fbs a foreigner to this Country; 
 but you will not confider when you are to decide either upon, 
 the life, the reputation or the guilt, or innocence of a fellow 
 creature, whether he is of Scotland, or whether he is of England. 
 
 Gentlemen, I will fay hardly a word in fupport of the written 
 evidence which is now upon your table it appears that the 
 papers libelled upon, which 1 have juft clefcribed to you, are 
 traced home in the moft complete and fatisfactory manner pofli- 
 ble there is not a tittle of written evidence there is not a do- 
 cument now before you which is not proved beyond a poflibility 
 ofVlifpute I refer in general to the teftimonies of Mr. Da- 
 iridfon ; of Mr. Scott, the Fifcal ; Lyon, and I think Mack. 
 Th.efe four, I believe, diftiniftly trace them from the room in 
 which Margarot and Gerald flept into the flie riff clerk's office, and 
 having traced them there they are brought into court, and it is 
 impoflible to enquire further. Indeed fome queition was put 
 by the Pan H el at the bar (who difpiayed I mult admit a confi- 
 clerahle degree of ingenuity and acutenefs in his own defence), 
 as if it might have happened from the manner thefe papers were 
 found, that others might have been carried in even by Lyon, 
 the rneffenger that other papers might have been carried in, 
 as they were reiiding at a public inn in this city r , by other per- 
 fons, and that they were not neceflarily the papers of Gerald, 
 and of Margarot In every cafe where written evidence is li- 
 belled upon, in fupport of any crime, I alk yourfelves if it is 
 potHble to give better evidence of the identity of papers than 
 was done in the prefent cafe or if you fuppofe, contrary to 
 evidence and contrary to fact, that Lyon, the meilenger, was 
 entrufted by Mr. David fon, or Mr. Pringle, or me, or the Lord 
 Provoft, with papers of a {editions nature, which he carried 
 into that room where they were ileeping, in order to ground 
 & falfe accusation againft them if you can fuppofe that poffible 
 -then to be fare any clung that ! have fard, or have hereafter to 
 lay in fupport of the charge agaiiiit this man, certainly will not 
 
 ' 
 
(87 ) 
 
 be worth attending to Gentlemen, on the contrary, thcfe pa- 
 pers were found in the room where they flept, were put into a 
 trunk, which trunk was returned back to Margarot and Gerald, 
 and you hare it m evidence, that when it was examined in their 
 pretence, Gerald (elected his Margarot claimed therett, or at 
 Jeaft allowed them to he inventoried without denying them, 
 and thofe which did not relate to this bulinefs, were returned to' 
 them both. 
 
 Gentlemen. I truft that quibbling defence, for it does not 
 deferve any other name, will fatisfy your minds, that the gen- 
 tleman does know that the import of thefe papers bears hard 
 againft him, and that he wifhes to {belter himfelf from the infe- 
 rence which your minds will draw, by itating a poffibility, which 
 cannot exift, that they might have been carried there by other 
 people, in order te ground an accufation againft him. 
 Gentlemen, holding that to be clear, I fhall beg your atten- 
 tion in the firJi place, to the minutes of the convention, for it 
 is the groundwork, and the bafis of the charge againft him; 
 it was a paper which 1 was very anxious if poflible to obtain, 
 becaufe I know that it would have been impoffible to have aiked 
 a Jury to have given a verdict againft any man upon fufpicicns, 
 however ftrong thofe fufpicions might have been, and you will 
 be fatisfied from what we faw this day, from the manner in 
 which we faw the witnefles give their teftimony, Citiien Rofs 
 particularly, who has fpoke out ; and I am fur e it gives me plea- 
 fure to applaud the conduct of a witnefs. I have great latis. 
 faction and high pleafure in giving this tribute of praife to Ci- 
 tizen Rofs, and the fame with refpect to Coborn, who, I think, 
 from the whole of his teftimony, though a friend and afibciaie 
 of the Pannel at the bar, has given a fair, a true, and a cleci- 
 live evidence.. 
 
 Gentlemen, the firft thing I mall beg yonr attention to arc 
 the fteps previous to and accompanying that which is ftated in 
 pages fifth and fixth of the indictment. In page fifth you will 
 obferve flared a motion reflecting a Convention of Emergency, 
 and the cafes in which they were to meet are proved in/the firft 
 pfcace by the negative evidence of their minutes, and confirmed 
 by the tetfimonies of Coborn and of George Rofs. 
 
 Gentlemen, that motion appears to have been firft made by 
 a gentleman of the name of Callendar, to whom this day was e*- 
 cluftvely appropriated for meeting thejuftice of his country, 
 bat who it feems has not chofen to ftand trial, and the firft 'no- 
 tice given of this motion, I will read from the minutes 6th 
 day's fitting, 25th November 179?. Citizen Callendar moved, 
 that in cafe the Mini fter bring into the Commons Houfe a motion 
 for a convention bill, itfhould be noticed immediately to the de- 
 legates. This is the firft appearance of this motion in the mi- 
 nutes, and as it was told us by feveral of the witnefles to day, 
 the forms of thi* honfe, a**it'U called; or of this Convention, 
 
 did 
 
( 83 ) 
 
 did not admit of a motion made one clay being deliberated upon 
 till the next the motion lies over accordingly till the en fuing 
 day, when yon will find the mseiing again relumed, and Callen- 
 dar's motioa being then taken under confideration, amendments 
 were proposed by feveral perfons, and it was moved by Mr. Mar- 
 garot, that a committee confuting of the mover, feconder, and 
 thofe that had moved for auiv.n:iinents, be appointed to draw up 
 a motion that may meet the iciea of all, among; whom was Mr. 
 Calder, the young gentle-nan vvhofe actual attendance upon the 
 Univerfity may perhaps better qualify him to diicuis queftions as 
 to the reform (or as I call it the alteration) of the con Hunt ion, 
 than the learned Mr, John Clark, or Mr. Ward law, or Mr. Ait- 
 chefon, or any of thofe gentlemen who have fo well weighed 
 and confidered the ancient iuiHtutions of the laws and coniritu 
 tion of their country, before they all'timed to themlelves the im- 
 portant office which they have taken upon rhem. Citizen John 
 Gartley moves, that the fenfe of the houfe be taken upon the 
 fpirit of the motion, upon die words of the motion, and after- 
 wards upon Mr. M-jrgarot's motion. Upon the firft motion it was 
 carried unanimoufly to adopt the motion as to its fpirit; fe- 
 condly, by a great majority not to adopt the words of it ; and, 
 thirdly, that the amendment's be referred to a committee as 
 above And at a fubfeq lent diet, I mean a fnbfequent fitting of 
 the Convention, the miauces tells 115, that Citizen Sinclair read 
 the amendments upon Citizen Callendar's motion, as agreed 
 upon by she committee, and it was agreed, upon the motion of 
 Citizen Blank, that the houfe fhould refolve itfelf into a commit- 
 tee for its mature confi l-:rarion. In the courfe of the converfa- 
 tion, Citizen Brown gave a hiftory of the habeas corpus act, 
 Afcer an excellent difculiion of the queftioH, pertinent remarks 
 and amendments, th? convention was relumed, and the whole as 
 amended, being read o^er, the members flood upon their feet, 
 and fo'le.nnly and unanimoufly pafleet the reibludon as follows 
 Then follows a blank i i the paper, and immediately afterwards 
 the minutes proceed, at the diftance of a page, and fomewhat 
 more, that Citizen Ge aid in a very energetic, and animated ad. 
 drels, exprefled his h ippineA at the motion paded, and Citizen, 
 Brown, followed him in a manly fpeech, and proved the influ- 
 ence of the executive government over the Parliament. Citi- 
 zen Margaret then read and propofed the following motion : 
 That a fecret couvnitcee of three, and the fecreiary, (it is proved 
 afterwards that Clark, Margaret, Skirv'mg, and Brown, were 
 the four who actually compofed this committee) be appointed to 
 determine the place where fuch Copveiti.ion of Emergency fliould 
 meet, that fuch pla~e fhonld remain a fecret with them, and with 
 the fecretary of the Convention, and that each delegate (hall, at 
 the breaking up of the prefent fefiion, be .entniiled with a fealed 
 letter, containing the name of the place of meeting ; this letter 
 fhall be delivered unopened to his conftituents, the receipt of 
 
 \vhkh 
 
which fhall be acknowledged by a letter to the fecretary, pre- 
 ferved in the fame ftate, until the period fliall arrive at which it 
 ihall be deemed neceflary for the delegate to fet off. This mo- 
 tion was feconded by Citizen MofFatt, and carried unanimoully. 
 Gentlemen, you have in the firft place this proved completely 
 by the minutes, that Citizen Callendar in his firft motion, which 
 was adoptecl as to its fpirit, but rejected as to its words, had nei- 
 ther more nor lefs than this object in view, that as foon as par- 
 liament ihould think it neceilary or proper, if they ever thought 
 it neceflary or proper, to bring in a fimilar bill, to that which 
 paiied in Ireland, that this fliould be the fignal, or notification 
 for calling the Convention of Emergency together, and that of 
 itfelf without going to other cafes of Emergency, was juft this, 
 that they were to ad; as a control upon parliament, and to en- 
 deavour to overawe (you will conlider whether in a legal or in 
 an illegal way) the free exercife of the ri'ght of the legislature 
 Can you fuppofe that if their purpofe was legal, if they had not 
 wiflied to overawe, and intimidate the parliament from doing 
 their duty, would you have found them alarmed or afraid 
 of their conduct ? Had their purpofe been only to petition par- 
 liament, and to Hate their remonftrances againft fuch a motion 
 (a right, which every freeman of this country poflefles) what ex- 
 planation is to be given of that fecrecy in which this meafure is 
 wrapped up, if their purpofe was honeft, but is it fo ? you find 
 in tliis paper an account of a refolution which they came to, in 
 a molt fblemn and molt unanimous manner, but which refolu- 
 tion does not appear in the face of the minutes if it was a re- 
 foluiion merely of the quiet and loyal nature juit now ftated, do 
 you fuppofe that motion would have been left out, or do you 
 believe what Aitchefon tells you, and in which he is confirmed 
 by the minutes in Rofs's hand writing, for Rofs s hand writing 
 ends immediately before the blank, and Aitchefon f s comes im- 
 mediately after the blank is it not clearly proved that what 
 they were about was a thing which they duift not put into this 
 paper, which they poflponedto fome other occafion, which Sin- 
 clair, as Aitchefon tells you, propofed fliould be burnt, but 
 which he refitted fuccefsfully, and prevented it from being 
 burned ? burning an innocent paper is not the cbaracfteriftic of 
 men of virtue of men of character of men confcious they 
 were only doing; what was legal, and what was jult. 
 
 Gentlemen, let us then fee what the parole teftimony makes 
 out, and whether it does hot precJfely confirm the conclufion, 
 and Inferences. I am now drawing not only from what is 
 proved i>y the minutes, but alfo from what is not proved by the 
 minutes, I mean the infertion of this extraordinary blank, to 
 which there is nothing fimilar, except a blank of four lines, in 
 all the 94 pages of minutes upon your table. 
 
 Gentlemen, Cob urn, I think, tells you, that hefkles thfe con- 
 vention bill, there were a variety of other cafes in' which this 
 
 Ivi Con- 
 
( 9" ) 
 
 Convention of Emergency were to meet : " He told ns'that they 
 all agreed vhat the introduction of a convention bill was to be 
 one great objedt when the people fhould meet, and I wiih you 
 would l;>oK at your notes when the people fhould meet to a fort 
 ihjtr rights ! am not to defceiui to criticifms upon a word, but 
 I may at lean: beg to know whether, if it was merely drawing 
 Up a efpeetful petition to the King or to the parliament, it was 
 necef&ry to put fo ftrong a declaration as this to which Cobnrn 
 fwecinr, or was it not better to fpeak out the truth, that they 
 meant, in fuch an event, to remonstrate again It the meafure, or 
 petition Parii (iiient again ft its palling into a law ? but yon have, 
 on th^ contrary, an expreilion which favours more of refiltance 
 than any thing elfe that they were to meet in this unknown 
 pl-icj, which was to be concealed even from the delegates them- 
 felves, and of courfe from they eye of the executive power 
 that in that event they, were to meet and ailert their rights, but 
 p.i me manner in which they were to be ailerted, whether in 
 cable or tumultuous way, whether the mild influence of 
 a was to be exerciled upon the Britifh Parliament, or whe- 
 ther by tinuvjnp, out numbers of deluded men to do it by force, 
 is your bufinefs now to decide, and your province alone to de- 
 termine. 
 
 Gentlemen The queftion was this day put to me, was I an 
 Inquiiitor of the private feelings of men's minds ? Had I a ri/\ht 
 to dive into the fecrets of the human breaft, or to difcover 
 wiiat it was their intention to conceal'? That is the province of 
 the Jury it is their bufinefs, however careful men involved in 
 Jedirioas practices may be to gild them over with general ex- 
 p; eluons, fuch as allembling to ailert their rights ; it i.s the pro- 
 vince of the jury, when they find perfons engaged in thcfe 
 pravftk-es, iiot to take their profeflions, not to take what tney 
 declare 10 be the oiletiiible purpose in view, but looking to 
 their actions, looking to their words, looking to their proceed- 
 ings, whether they are iecret, or whether they are public, t 
 form your impartial determination on which ikle the fcale of 
 evidence preponderates, whether it is >u the fide of innocence, 
 or whether it does not tally w:th guilt alone ; whether it does 
 Dot artfully and infi iioufiy leave it 'open either to one ccnftruc- 
 tion or the other; for if they had laid that they wor.ld have af- 
 ferted their. rights by open force, if they had durft to have faid 
 the Britifh Pafiiarnent ihall defend the Habeas Corpus Adi, or we 
 will defend it by force of arms, if in cafe of a French invaiion, 
 their purpofe y vas not to refift but to co-operate with fnch an in- 
 vafion, and had they expreiled that upon tljeir minutes, fwoulJ 
 non have brought Mr. Margaret to trial , I fhould have held him 
 a lunatic in every fenfe of the word. If I had brought him to 
 trial before yon, I am poiiuve you would have thought I had 
 brought a madman to your bar; you might have prouonr.ced a 
 verdidt of' lunacy againil hiin ; but certainly would i>ot have 
 
 thought 
 
f 91 ) 
 
 thought him a proper objetfl of punifhrrrent. But, Gentlemen, 
 we have in this country a powerful Executive Government ; we 
 have laws which control that power, and we have a Jury which 
 can check it in its progreis in a moment ; bwt we are to expect, 
 while chat Executive Government exifls (vthich I truft 'will exift 
 to all eternity to check every attempt of this kind) that feditious 
 words will be ambiguous and doubtful upon the face of them ; 
 and when you find that Mr. Margaret, the Pannel, is a man of 
 confiderable ability, that he is a man aware of what he is about, 
 that he is the ringleader of thefe perfons,. of that poor unfor- 
 tunate fet of creatures who came this day to your bar of boys 
 of perfons intoxicated, as you have feen that beprofefleshiin- 
 felf to be a merchant ; that the trade in which he is engaged 
 permits him, from motives of pure difintereftednefs, public fpi- 
 ritednefs, and wiihinor to extend bleffings to Scotland, which he 
 thinks we do not pofiefs, for fix weeks to dedicate his whole time 
 and abilities to thof'e objects which he has held forth to you as 
 not only fair but justifiable; that he is the former of thefe mi- 
 nures, the maker of thefe morions, the ringleader of thefe de- 
 luded people, who are ignorant of the cornmonelt principles of 
 the conftitution, and who know at this moment as little of it as 
 if they had never been members of a Bntifh Convention I fay 
 when you recollecft this, you will not expect any thing elfe but 
 fuch an artful, iuiidious, and ambiguous mode of expreffion, as 
 may admit with perfect fafety either the one or the other con- 
 ftrmftion, but which I mall flievv you in the fequel can be conftruccl 
 alone into guilt, and eitablifhes only this, that Mr. Margarot 
 knew whac he was about, that they eye of the Executive Go- 
 vernment of this country was over him, he proferled, and he in- 
 fidioufly and artfully, along with Mr. Sinclair, in this abomina- 
 ble committee to which the matter was referred, did give it that 
 general ambiguous expreilion, becaufe he durft not do other- 
 wile, and becaufe, which is clear from the evidence of the mi- 
 nutes,, and from the evidence of Coburn, it was fuch a paper as 
 the^ durft not blot their minutes with ; it was inch a paper as 
 they durtt not hold their face to ; it was fuch a paper as was to 
 give rife to a committee of fecrecy, where, if the thing was 
 right," fecrecy was inconfiftent ; but where, if it was wrong, ic 
 was prudent, it was neceilary, it was proper. 
 
 Gentlemen, the next thing I mall obferve upon is thofe num- 
 bers of the Gazetteer which are now upon the table. Citizens 
 of Edinburgh, I nfe the word Citizen, I hope and I know in a 
 fair and in a legal fenfe, you cannot be ignorant of the Edin- 
 burgh Gazetteer. Sure I am I have^he honour to be moil inti- 
 in udy acq;' tinted with it, and it has done me the honor to be 
 molt intimately acquainted with me. 
 
 Gehtlemen, let us look to that paper, and though fotne flur 
 may perhaps for a moment arife either in your minds, or in the 
 minds of thofe who hear me, as to the authenticity of a newf-' 
 
 paper 
 
( 92 ) 
 
 paper as matter of evidence, I will fhew you, from the evidence- 
 of the minutes upon the table, that it is, what it was meant to 
 be, nn authentic account, and that as far as it goes it Hates no- 
 thing bat what really and truly was the fubftance of what patted 
 in the Convention. I fhould not fuppofe that the Jury would 
 think me abfurd enough to call them to idle paragraphs in a 
 newfpaper, if it had not fome degree of authenticity. I refer 
 you to the evidence of the Rofles, who tell you that the minutes 
 v/ere taken down in fhort-hand for the purpofe. 
 
 Gentlemen, as to that of which Mr. Margaret complains, be- 
 ing apprehended fo early in the morning, I (hould have no ob- 
 jection to take upon myfelf the blame ; ic was clone for the pur 
 pofe of getting at Mr. Skirving and him, and all of them, at a 
 moment when they were not looking for us, otherwife they 
 might deftroy that evidence which I knew exifted of their pro- 
 ceedings, and from that providential circumftance, thefe mi- 
 nutes were feized in Mr. Skirving' s poilefiion, which were a 
 compleat evidence again it him. I am entitled to fay fo, becaufe 
 the Jury have faid fo, which is a material circumftance againft 
 the rannel, or againft any perfon who either is or {hall be tried 
 for his accefSon to the proceedings of thofe meetings. It was 
 proved that after waiting fome time for the four deputies, the 
 reprefentacives, as I thought at firfl, of all England, but I find 
 they are only the reprefentatives of many thoufands in London, 
 ifiany thoufands in Norwich, and many thoufands ifa Sheffield 
 and different parts of the country, and thefe four gentlemen, 
 the Englifh delegates, came down here, it was thought fo im- 
 portant an occaiion, that the Convention, which had been ad- 
 journed for fome days, again re fumed itfelf; and, gentlemen, 
 they told us that they fupported the Gazetteer, not as a Con- 
 vention, not in their corporate capacity, which I was furpri/.ed 
 to hear ftated, and it cannot be dated by Mr. Margaret, I have 
 a different opinion of his abilities, it cannot be ilatcel by him 
 that he is not liable for the proceedings of the Convention ; ic 
 iselear, from other parts of the evidence, that the Gazetteer is 
 fo far an authentic account of their proceedings, that they fup- 
 ported it as individuals, and wiihed it well, as I believe they do 
 with all their hearts and with all their fouls. 
 
 Now, Gentlemen, let us look to this Gazetteer., and let us fee 
 ^how far it fupplies any blank which may nrife upon the perufal 
 of the minutes regarding this extraordinary Convention, and you 
 will fee that it effectually does fo, for you will find that the re>- 
 folution which Mr. Aitchefon did not wiili to have burnt, be- 
 caufe he thought their conduct was open and avowed, and what 
 the world had a right to know ; you find that the Pannel at the 
 bar was wifely and prudently of an oppofite opinion ; for it fays^ 
 after dating the proceedings of the Wednefday, on which Citi- 
 zen Mealmafcer is in the chair, and where Mr. Callende.r's mo- 
 tion is rejected as to words, but approved of as to the fpirit of it ; 
 
 and 
 
( 93 ) 
 
 and the next day, when the refolution comes to be new mo- 
 delled, it fays Citizen Sinclair, Citizen Prefulent, your commit- 
 tee appointed to attend Citizen Callendar's motion fat this 
 forenoon, and I fuali now, if agreeable to the Convention, fub- 
 mit to their consideration the report of that committee. Fellow 
 Citizens, you will feel this report ro be of the Jaft importance; 
 it claims your molt icrious attention, and is to be decided by 
 your united wifdom, and fupporud by your united integrity. 
 The houfe refolved it (elf into a grand committee to consider of 
 the report, which underwent a long difcuffion, and reviewed 
 feveral amendments in the committee, and when the Conven- 
 tion was refumed, it palled nnanimoufly in the form of a decla- 
 ration and refolution : the minutes proved that refolution \vas 
 come to, but being ordered to (land the laft article in the record 
 of the proceedings of the Convention, we cannot infert it till 
 the termination of the prefent feffion. 
 
 That is the account in the Gazette, tr, the myftery of the blank 
 is fo far cleared up, if Mr. Aitc'nef n is to be believed, that this 
 was what Mr. Sinclair wifhed to- l> n, you have it in a faithful 
 account of the proceedings in the Gazetteer, that it was to be 
 left out till the termination of the prefent feftion. You will 
 coniider if the hand of the ma^ifhate had not been raifed to flop 
 their proceedings in the very middle of their career, whether it is 
 poiiible thatfuch a reiblution as tl is would even at the end of the 
 proceedings have ever made its appearance. But Rofs tells yo^, 
 he concurs exac'tly in the fame thing, thar this refolution ought 
 to have been in the blank in the minutes, and therefore you 
 have this diltindtly proved, that refolntions of a certain nature 
 were come to in a folemn and deliberate manner, unani- 
 moufly and folemnly in this Convention, which one man 
 fays Mr. Sinclair moved fhoukt be deftroyed, and which ano- 
 ther fays, and the Gazetteer confirms, was to be postponed 
 to the end of the feffion, and which have never made their ap- 
 pearance, and therefore the blank is completely explained 1 ; but 
 you have better evidence yet, yon have the evidence of Coborn 
 and Rofs, to almoll every thing irated in page five of the indict- 
 ment. I defire, when you read that indictment, that you will 
 lay out of your view altogether every thing but what is proved ; 
 every thing but what is fufKcknt evidence- You are to look at 
 the tettimony ofCoborn, you i.re to look at the teftimony of 
 Rofs, you are to look at the Gazetteer, and to a fpeech which I 
 mail read this moment, and which tally fo far as tjhey go with 
 the minutes, and if you are cf opinion that that reibiution, fo 
 far as it is proved, is one of a ] awful nature, if ycvi are of opi- 
 nion that it is not of a direc r t (editions, nay of a treasonable ten- 
 dency, for if it had been followed by one {ingle r.cl. in confe- 
 Cjuerice of tr, if under that retaliation it had been proved that 
 this Convention of Emergeny l.ad met, if it had been proved 
 lhat they aifembled under thefe cijcumftances of iecrccy, in any 
 
 of 
 
( 94 ) 
 
 of the cafes which I fhall juft now {hew you are proved, the 
 pcribns who met would have been guilty ofou overt acl of high 
 treafon, under the ttatute of Edward ill. which by the act of 
 the 7th Queen Ann, is now the treason lav oi Scotland. 
 
 Gemlc-inei?, I beg your attention to r<>e words in the indict- 
 ment: it ft a test hat the Convention, " : confidering the citlaini- 
 ** I'ous confequences of any act <>i the Le gjliatnre which rnay tend 
 " to deprive the whole or any part of. the people of their 
 *' undoubted right to meet either by themftives, or by delega- 
 " tion, to difcufsany matter relative to their common inteieit, 
 " whether of a public or private na'nre ; and hohlirg the fcme 
 *' to be totally inconfiftenr with fbe firft principles and lafety of 
 " fociety, and alfo fubverfive ol our known and acknowledged 
 " conrtiiutional liberties, do hereby declare, before God and 
 ** the world, that we (hall follow the wholefome example of 
 <l former times, by paving no regard to any acft whicli may mi- 
 ** litate a gain ft rue constitution of our country ; and mall con- 
 ** tinue to aiieinble and confider of the beft means by which 
 ** we can accomplifh a real reprefentation of the people and an- 
 <f nual election, until compeDed to defill by fuperior force." 
 This is not proved in words ; but in a certain extent it is corn- 
 pletely proved by ihe teftimony of Coburn, by the tfftimony cf 
 Rofs, by the minutes and by the Gazetieer; for Mr. Cobutn 
 tells you, he remembers Mr. Callendar moving, that in cafe of a 
 Bill being brought into Parliament limilarto the Irifii Conven- 
 tion Bill, that the people mould meet and aflert their rights: 
 afterwards the fpirit of the motion was retained, bnt extend- 
 ing to certain other events, in which the Convention fndulcl 
 likewife meet in cafe of the fufpenjfior. of the habeas corpus act, hi 
 cafe of aninvafion, and in cafe. c>f landing foreign troops. A moti- 
 on was made for a committee to appoint a place wheie the Con- 
 vention of Emergency were to meet, which was to bea fecret with 
 them and the Secretary. He remembers Mr. Sinclair's motion being 
 come to with peculiar lolemmty, and that the words before God 
 and the world were ufed either in the motion or in the riccilive 
 refokition ; he is certain it was in one or the oiher. He recoH 
 le<fts he faid they would pay no regard to ar.y fuch Bill, if it paf- 
 (ed 7 or words to that purpofe. I have the teftimeny of Coburn, 
 of whofe refpedt ability Heave you to judge, deponing to the ma- 
 terial parts of the indictment, that they were to meet to afiert 
 their rights, that they would pay no regard any iuch Bill, if 
 pafled ; and if they were to pay no regard to the Acl, if pafTed, 
 \vete they not guilty of an a<5t of rebellion againft the {tare, 
 v/hen they tell you, that if the Britiili Legiflature confiding of 
 King, Lords, and Commons, (liould pafs fuch an Act, if, in the 
 plenitude of their wifdom, they fnould think it right to do what 
 Ireland has before thought it nccefiary to do ; and <3od forbid 
 that, without any declaratory ftanne, there mould not be law 
 in Scotland to find men guilty of daring to put into a paper 
 
 words 
 
( 9S ) 
 
 words of the import that Coburn has fworn to, that they would 
 pay no regard to any fuch Act; the inference follows neceflarily 
 and unavoidably, though not proved, until compelled by fnpe- 
 rior force. Will you permit this, Gentlemen, let their condttft 
 in life be ever (b unim peached ; I impeach none of them. God 
 forbid I ihould look down upon the flioemaker, or the mechanic, 
 or confider him as lefs entitled to refpecl in his walk of life, 
 than the proudeft peer that lives in this country. I wifh that 
 they, be they of what rank they may, would dwell with a iittie 
 attention, and confider with care and accuracy the nature of 
 the Constitution which they enjoy, ere they rafhly attempt ei- 
 ther to invade its authority, as they have done here, or attempt 
 to fuhftitute their own crude ideas, and prefer one of their own 
 idle imaginations. Whatever be the cafe with Mr. Margaret, 
 I don't tuink he has that knowledge of the Conilitntion ; fure 
 I am, he has not that knowledge of law, after what I have beard 
 to-day, I know nothing of him ; bat fure I am, from what I 
 did fee of him, I cannot think, and 1 mould be forry that the 
 fifteen men I now addrefs mould think, that the Conjftitutlou 
 was fafely confided to fuch men in the line of life in which thefe 
 men are ; they cannot, be fit for tl;a: duty which the Kiftory 
 of the World mews has been tyith difficulty difcharged by legif- 
 Litors of ihe higheft characters, and of the firft abilities. Go 
 back to ages paft, you will read of men who formed a fta'e, ami 
 gave rules for its legiflation, were raifed to the rank of heatbeit 
 gods ; you will read of men who, by forming a conititution, and 
 regulating its proceedings, obtaine/1 characters and names as 
 eternal as the world icfelf, will thefe men be entitled to con. e 
 forward, like Calder, who is placed in the uuiverfity ? Will 
 thefe men be entitled to (late themiti-'es as perfcns holding out 
 to fuch poor deluded creatures that they are fitted to enter on 
 fiibjecTts of that nature ? That this country, confiding of ten mil- 
 lions of people, is to delegate the taik of legislation to fuch a fet 
 of ignorant uninformed people ignorant of the common prin- 
 ciples of law and juftice, talking of books they never read, and 
 declaiming upon fubjedis they know nothing; of? It may indeed 
 tend, and here I am fpeaking directly to the point of criminat- 
 ing this Pannel, if he was an attorney, which I don't know that 
 he was, he has made an ill-ufe of his profeilion ; his crimina- 
 lity is without excufe ; his guilr is indeed fa more arrocioi: 
 lure. What is fed/ ion but this; a con vacating of ignorrv-r, 
 weak, and deluded people, under the pretext of redreiTing grie- 
 vances of any kind, and inflaming them againit the ConilirmJon 
 aiid the eftafclifhed authority of tlieir country. But this is the 
 direct fact proved againft Mr. IMar^nrot, it istber>oint di{tino\y 
 brought home to him ; and under Inch circun. dances of refift- 
 auce, inculcated upon the part of thefe ringleaders, which in 
 my mind, and 1 trull in yours, \vill fatisfy you that guilt was in 
 his mind when he did fo, and will entitle you to lay your hands 
 
 upon 
 
upon your hearts and fay, that he is guilty of endeavouring to 
 ijpread the contagion wide among people wh.o knew not vviiat 
 they were about ; which if they had followed his advice, if they 
 had rofe into tumult and difbrder, might have brought them to 
 an untimely end ; and perhaps thefe three days patt may afford 
 fome idea of what might; be the purpofe of allerubling inch per- 
 fons together, if they had been nilembled by Mr. Margarol as a 
 Convention of Emergency ; if they had been told by him, DOW 
 is the time to ailert your rights. I afliime, that thefe three days 
 pad within this city will mew us what was the nature of that 
 objecft which Mr. Margarot had in view, and what the purpo- 
 fes, and what the manner m which in fuch an event they might 
 have carried their fchemes into execution. 
 
 Gentlemen, i have 11 w gone through every thing upon this 
 part of the indictment ; and certainly in arguing, and being ob- 
 liged to quote confiderabiy from papers, Ijiu-ift have goutf long- 
 er into the cafe than I hid any idea of; but I truft I mall, before 
 I (it down, in a few words, go through what remains, and prove 
 to your fatisfaction, that every part of the libelis clearly awd dif- 
 tinctly proved. 
 
 Gemlemen, Cobnrn tells yoM, that he thought the Irifh Bill 
 fapped the very vitals of the Conititution of the Country ; and 
 he fays it was to be kept a fecret. If any illegal power inter, 
 rupred their meeting, that is the reafon he gives for the fecrecy ; 
 that b to fay, that if either the magistracy of this city, or Par- 
 liament itfelf, or any fach inimical power, they being clearly 
 the perfons to whom he alludes, are the canfe of the fecrecy ; 
 and it is all I afk from him. You will confider whether iris 
 not juft the thing I am flaring as the point in their view, 
 that they were keeping it fecret from thofe whofe duty it was 
 to check it, and prevent the confequence that might arife from it. 
 
 Gentlemen, the cafe of an invafion I have already ftated to 
 you was one of the ca'^es under which the Convention was to 
 meet, and I fhall not repeat what 1 have faid upon that fubjecl; ; 
 but I truft that you wilt think with me, that the only and the 
 neceflary conclusion is that which I have already ftated to you. 
 
 Gentlemen, having done with that part of the cafe, I come to 
 the next, which I obferved in the courfe of my examination, and 
 which I al To obferved in the couiTe of the Pannel's fpeech upon 
 the fubject, teemed to be treated with very considerable cou- 
 tempr ; and Mr. Aitchefoii, a determined and bold-faced gen- 
 tleman, told you his opinions in very ftrong, forcible terms. He 
 expreffed his idea, that the law of the country \vas come to a fad 
 pafs. Indeed he did not underihmd fedition neither. And he 
 was a man, from wha; I have feen of his abilities, I mould have 
 e&pc-cted he would hive known a little more upon the fubjedt 
 than Wardlaw or Clarke knew upon the fubjetft. But he did not 
 know what fedition was ; but he tells you, that the law of the 
 country was come to a fad pafs. indeed, when the vord citizen, 
 
 which 
 
( 97 ) 
 
 which he gloried in, was to conftitnte n man criminal. And lie 
 told yon, that the principles of this Convention "were carried on 
 in the fame way, or very little different, from thofe which marked 
 the proceedings and conducft of the former Convention. If they 
 were, all I can fay is this, that thefe former Conventions kepc 
 their proceedings very mnch a fecret ; for if I had known that 
 they had done io, or come to any refolutions fimilar to thofe 
 proved to day againft this man, the members of that Convention 
 fhould before now have flood before the Jury of their country- 
 men. If they did fo, then all that I have to fay is, that they 
 were more cautious, or they perhaps did not think that the time 
 was quite ripe to exprefs what they have fince exprefled. To 
 be fure, the term citizen, taken by itfelf, is an innocent and a 
 proper term ; I have ufed it to-night : we are all fellow-citizens 
 here to-night. And the word tocfin, whether it comes from 
 France, or whether it comes from China, or any where clfe, I 
 teel nothing criminal in that term taken by itfelf; nor in thefMl 
 year of Brit ifh liberty j nor indeed the decades, which by the 
 by I find in one of the plans for the fupport of the Gazetteer, 
 that it mall be divided into decades, and that each decade mall 
 take fo many copies of the Gazetteer, that is a Latin word ; nor 
 the firft fitting ; in the fame way rll the other expreffions, which 
 J will not run over, taken by themfelves, are furtly and unquef- 
 tionably innocent; we all may ufe them in an innocent fenfe, 
 without the fmalleft appi-eheniion, or the fmalleft blame. But 
 here is the point, Gentlemen, upon which I found the charge of 
 criminality ; 'tis for this purpofethat I colled: thefe expreflions, 
 occurring in the proceedings of thefe minutes ; and I collect 
 them as links in the chain of evidence, to fkew that this man 
 has been guilty of apeing and imitating the French Convention, 
 as adling upon that model and that principle, as in the fame way 
 was done lad year in Ireland, and was the caufe of the Irifh Par- 
 liament paffing that atft ; it is a prooof of the animus and the 
 intent of the perfons concerrcd in that meeting, that they took 
 for themfelves the model and example of the prefent Convention, 
 of France, imitating it in every way in their power ; and the 
 concluiion is irrefiftible, that if they dnrft have gone forward, 
 or if an invalion had taken place, we might have found thefe men 
 joining that band of invaders, whom we findthem imitating and 
 accommodating all their forms to, you will consider with your- 
 felves, laying your hands upon your hearts, can you, when you 
 find in making it a cafe of emergency, under which they were 
 to meet in a place fecret to all the world, which might be here, or 
 might be in England, the rallying point where the Executive 
 Power of the country could not difcover them ; can you hefitate 
 one momeiu in thinking as I think, and as I believe, that if fuch 
 an event had taken place, that men who form themfelves upon 
 that model,, and aflumed as far as in them lay, and, as far as they 
 
 N dm it, 
 
( 9S ) 
 
 clurft the expreflions of the French Convention, with which we 
 are atprefent at war, and by whom we are threatened with that 
 invafion, would have gone againft the perfons who were their own 
 objects of imitation ? or fliould we have found them endeavour- 
 ing to eftablim that which they have fo fuccefsfully eftablifhcd 
 in that country, univerfal fuffrage, one of the great objects 
 for which this Convention was eltablifhed ? 
 
 Gentlemen, you cannot expect written evidence of what parted 
 in their minds, until the evil is gone to fuch an height, until the 
 invafion has taken place, till the tuirmlt or the insurrection has 
 happened, which thele men have endeavoured to foment. Se- 
 dition then would no longer be the crime: treafon would be the 
 fhape it would then afliime : it would tiien be the duty of every 
 free and loyal fubject to join hand in hand againft thele invaders, 
 whom we have found in the moment of that invafion aflembling 
 in a fecret place, as the delegates of thoufands, and whom we 
 find proving themielves by every act by which it was poflible to 
 prove themfelves, to be the fupporters and imitators of the 
 French Convention. I call them French Conventioniits : Jt is 
 the eilence of the charge againft them : it is the point upon 
 .which I delire your attention. If they were the mere innocent 
 Convention, or Ailembly, or Aflbciation. or Society for Reform 
 in Parliament, be their reform never fo abfurd, or the iiiftru 
 ments of their meeting never fo ineffectual for the object, I fay 
 God forbid you fhould find them guilty to the extent of the mcM 
 trifling punimment which you can fix upon them ; but if you find 
 them directly avowing in equivocal and doubtful terms, that HII 
 invafion mall be one of the cafes in which they mail aflemble, 
 not to fay that which would be the glory of a loyal fubject, to ia- 
 crifice their live and fortunes to refift the invaders; but if we 
 find them, inftead of that, mewing their predilection for Frer.ch 
 forms, and I truft in God all they can be able to do, it is your 
 duty and your province to dive into the recedes of the human 
 mind, to conficler the influence which arifes from fuch proceed- 
 ings, to confider, if you will not lay the hand of criminal juftice 
 upon them, to quell the confpiracy before it bin its into light ; 
 or if the deluded people, 1 fpeak of the inhabitants of this city, 
 I fpeak of the inhabitants of Scotland at large, and of what has 
 pailed within thefe three or four days, are fo 'much in the power 
 of thefe ftrangers who have lately come arnonjjft us, ?re to coire 
 in an unufualmode to a court of criminal juttice either to over- 
 awe that court, the profecutor, or the jurymen ; if they are to be 
 indulging in unfair and fcandalous afperfions, as that of packed 
 .juries, as that of impofinc; upon your undei (landings, it is for 
 . you to interfere and check the evil in its bud ; now is the tsme, 
 this is the moment" for you to mark the disapprobation of their 
 proceedings, and flop them, while it remains with n feature of 
 fedirion marked upon it verging upon treafon, with fuch a tri- 
 fling diftiiiction, that it is alinofl: hnpcflible for a lawyer to find 
 
 the 
 
( 99 ) 
 
 the difference. It fo little, that when the induflment was pre- 
 ferred againir Mr. Margaror, had it not been for the fpeecl with 
 which it was neceflaiy to bring him before you, 1 fhonld have 
 lair! the cafe before the King's counfel in- England, as to the ap- 
 pointment of a fecret committee, which was fubfe queot to the 
 refutation of tilling the Convention together, whether that per 
 fe was not fufficient to ground the charge of high-treafoii. Sure 
 I am, but fer the acft of the yth of Queen Anne, that the Gen- 
 tlemen were far within the cafe of Scotch treafbns; and in that 
 cafe Mr. Margaret would have Hood at your bar tried for his life.. 
 Gentlemen, before I fit down, let me return again to the 
 evidence. Mr. Rofs, I think George tells you, that he had 
 heard of a Convention Bill, and of a number of Hctfians and 
 Hanoverians to belauded in this country, that alfo was a cafe 
 when it was proper for the Convention to meet at the le- 
 cret place of meeting, that is to fay, and it is the cafe at this 
 moment, I believe, that a body of Heffians are pafiing towards 
 France. If Parliament ihould choofe to allow them to land upon 
 this ifland, tins was an objection of legiflation ; not that we 
 could coniide to the .wifdoni of King, Lords, and Commons, but 
 the Britifli Convention for univerfal fuffrage was to deteide alone 
 what vva^ to be done ; a cafe much of the fame kind with the 
 other, even in the way that Mr. Rofs himfejf ftates it. But I 
 will not wound the feelings of that worthy citizen (and I truft 
 that he hears me), by faying, that he concealed the truth, I will 
 not fay that ; but he has forgot that mighty event which his bro- 
 ther and Coburn fwore to, which mutt have {buck the mind 
 and ears of every man who heard it ; but his memory is a frail 
 one, and with that observation I leave him. 
 
 Gentlemen, we are now coming near to a clofe. You will 
 find 2 variety of other evidence, much of the fame^uature in 
 nu nher three of the inventory. You will find one of *he~<h>cu- 
 ments material to be attended to in coniiclering this queftion, 
 Whether the Convention is a (editions or a fair Convention ? for 
 that is the gift of the queftion which you are .to try, and upon 
 which you are to make up your mind. Now thele papers are 
 traced home to the po'ljillon of Mr. Margarot. Mr. Aitchefoii, 
 in his character of Affiftant Secretary to the Convention, iden- 
 tifies a paper to which he tells you in this Con veurion he put his 
 fubfcripdon Hints on the qucftion of union ;' and in theinfide 
 are three or four different papers, which the wUnefles who mac's 
 the fearch fwear were inclofed in it, and all relate to the felf- 
 fame fubjecft ; and the only other odd circumftance which was 
 thought of ib much coiifcnncnce in this cafe was, in that folemu 
 way the appointment of that -committee of union, of which Mr. 
 'Margarot was the chairman. 
 
 He appears to be the leader of tliis committee of union be- 
 tween Kngkind and Scotland ; a union which ihei'e Gentlemen, it 
 feerns^ had authority to make ; a. union which we unfortunately 
 
 have 
 
have been deceived, as well as our fathers, in dreaming that we 
 
 poffefled a union that we thought we bad enjoyed fince the year 
 
 1707, which Mr. Aitcheibn told us was nothing like the union 
 
 brought about by this convention, wich fo much folenmity ; a 
 
 wild fycophant union. '1 think, he called it ; and Mr. Margaret 
 
 is the pei fon who takes the acftive part in this committee. Let 
 
 us fee what it amounts to. I mall take the paper it lei f which 
 
 Paterfbn, a man who, much to his credit, hasfeceded from that 
 
 meeting : he, as the head of his fetation, admits that the paper 
 
 was drawn up in his fecftion, and was by him fent in a letter to 
 
 the Convention. Mr. Margarot defired to know, How are you 
 
 certain that paper was in the Convention ? I will teli Mr. Mar- 
 
 garot how I am certain of it. Mr. Aitchefon fubfcribes it at the 
 
 back, " Hints refpedttng the Union ;" and fays, it mult be put 
 
 upon that paper in its reception ; where Mr. Paterfbn tells you, 
 
 he fent it in the common form from his fe&ion, which met in 
 
 the morning, to the Convention, which met in the evening, and 
 
 of whieh Mr. Aitchefon was Afiiitant Secretary ; and tluere is no 
 
 reafon tofuppofe that it did not reach the place of its deftinatioii, 
 
 the Mafons'' Lodge, at the foot of rhe Black Friars Wynci. And 
 
 what is it; " Hints upon the queition of Union." Firtt, That 
 
 the people of Great Britain, difclaiming any dHlintftion of Scotch 
 
 and Englifh do now and for ever unite themfelves into one mate 
 
 and indifibluble union. Then it goes on, Make known to all 
 
 concerned, in exclufive terms, that this mall be the motto : 
 
 Reiteration of Rights. What rights ? Univerial fuffrage and 
 
 annual parliaments ; a thing that never did, and that never can, 
 
 exiil. Let them go back to^the Hiftory of England ; let them go 
 
 back to the deepeir, antiquity, ic never did exifV. Thofe people, 
 
 of whom Mr. Margaret feems to be the 'ghoftly father, had not 
 
 heard of the Bill oi: Rights, nor the claim of rights -, and knew 
 
 not what rights they had loft. 
 
 And, Gentlemen, I have been taught by every writer of the 
 laws of foreign countries ; I have been taught by every enlight- 
 ened foreigner who writes upon the fuhject -, I have be en taught 
 by every Briton who ever fta ted an opinion with repaid to it, 
 that fince the revolution, this country, originally free, refitted 
 every invader, till gradually matured through centuries, by the 
 llow mellowing hand of time, not by ailbciations of fuch people 
 as we have feen to-day, but it was clear that at that time, and till 
 within thefe two years, we were the freeft nation upon the face 
 
 onftitute freedom that 
 that univerial fuffrae 
 
 of the earth ; but if it be neceflary to c 
 tiniveHal fuff age, or annual parliaments 
 was a kind of proof of being free, we never have been free from 
 all eternity, and are not free at this prefent moment. I hope ni 
 God, in that -faille ><e never (hall, becaufe that never can take 
 place, for the bnir of all pofiible reafons, as I believe the late 
 Soame Jenyns toys. It is the beft plan of the whole, fays he, 
 for the beft of all pofiible reafons, becaufe ic is impracticable 
 
on reading the paper) that all occurrences may l>e known 
 from one end of the kingdom to the other, to initrucl: every indi- 
 vidual of this one great but indivilible mats, in this wpy greeting 
 together the inhabitants of this free country, France, to reject 
 that mighty combination formed againft them. Still they run 
 upon the French exprellions in every part of their minutes, in 
 every fpeech in their Gazetteer, continually recurring to French 
 words, French terms, and French expreiiions. In another mo- 
 tion, by James Gartloy, which Aitchefbn volunteered in telling 
 me was not evidence a^ainlt Mr. Margarot, but it proves being 
 found upon his perfoii, it proves denature of that convention, 
 of which he was not only a member, but an active leading in- 
 It; ument, it is alfo marked upon the back by Aitcheibn, and this 
 motion is that the delegation figned John Gartley, who is the 
 town drummer of Arnifron near Glaigow, that the Convention 
 took into their ferious confideratiori the neceility of dividing the 
 country into departments, in order that the friends of the people 
 may have an opportunity of meeting in the particular depart- 
 ment to which they belong, and thus form a fort of Provincial 
 Convention, that they may become nacre particularly acquainted 
 with each other. In the names of the delegate 1 :, Tames Gartley. 
 Gentlemen, the honour of the fitting appears to be given by 
 the French Convention, to perlbns they \vilh to favour, fo \ve 
 find in the minutes, among other infignia of the honours of the 
 Britilh Convention, Secretary Skirv ing itatecl, that he had 
 now received five millings from an unknown hand, for the ufr 
 of the Convention, Honourable mention in the minutes was 
 ordered ro be made of this patriotic gift. Upon my word I never 
 was in the French Convention, ami I hope I never mall, but I 
 fhould have fuppofed, from what 1 read in the new {'papers, that 
 I was reading of the French Convention in Paris. Citizen Cal- 
 lendar moved, that no perfon be allowed the honour of the lil- 
 ting, without tiie recommendation of two perfbns ; it is a favouf 
 not to be bellowed raihly or lightly ; which, with amendment.?, 
 palled unanimoufly. Afterwards it was moved that captain 
 johnltoue, and I am extremely lorry to find him here, if he is 
 the individual to whom 1 allude at prefent, becaufe it may per- 
 haps compel other proceedings againft him : but wli&n he read 
 an account in the newipaper of the fentenre of Holt, the printer, 
 of Newark, for re-printing the duke of Richmond's ami Mr. 
 Pitt's refolutions upon parliamentary reform, it was moved, that 
 Captain Johnftone be admitted to the honours of the fitting. 
 
 Gentlemen, there is one other circnmirance that I cannot help 
 jnft in palling to take notice of, "and it is that of a compuliovy 
 attendance enforced upon thofe perfons who might have the 
 misfortune to be deluded in a rafh unthinking moment, into a 
 participation of their proceeding?, to fhame them from doing, 
 3S Mr. Pater fen, much to his honour did, return back to his 
 duty. In this manner you will Hud, that no delegate is to leave 
 
 his 
 
Jiis poft, or& to get permiffion of abfence from it, till he obtains 
 a new delegation, a Habilitate in his place to ac"t for him ; w& 
 law too much of this I think poitirerl at to-day. Mr. Margarot 
 laid, ha would not touch vipo-n the fore heel of Pateribn, in the 
 queition propofed to the witnefs, which lie refilled to anfwef, 
 and which the juftice of the Court would not enforce for this 
 highly favoured Pannel, who has been favoured more than any 
 Scotchman would have been. He faid, he would not touch the 
 fore heel of Paterfon, for having done that which I am fare yon 
 will join with nie in thinking was to his honour; and God 
 knows, when we look at thofe we law here this morning, what 
 this Pannel will have to anfwer for ; but: I trull what has been 
 done this day will make them (hidy the law and conflitmiou of 
 the country, before they give an opinion upon it, and before 
 they tru ft again to fuch leaders as Mr. Margaret- **d Mr. Skir 
 ving. In one of the papers, Citizen Willon, and another, re- 
 quelled leave of abfence to be granted them; and it was moved 
 that all the delegates fhould have letters to return immediately, 
 and remain at their polls till the important bufincfs daily intro- 
 duced in the Convention, (hall be properly dHcufled ; and in. 
 page i oo of the minutes, Citizen Scott moved, that before any 
 delegate from the country m.ill leave his poll, he fii ill write to 
 liis conflituents to fend another in his room. Agreed to, nem. 
 con. 
 
 Gentlemen, the two inuances which 1 have given are perfectly 
 lufficient to mew, that in this refpect alfo, as in their declaring 
 themielves permanent, which is proved by many witneiles, and 
 which is proved by the Gazetteer, that they } in every paper the 
 moil minute, imitate in every refpecl: the proceedings of the 
 French Convention. In one word, 1 leave this point for your 
 conlideration ; repeating again, that thofe words taken of them- 
 ielves, or in any different cireumfrances, would have themfelves 
 been idle, and that whi:h you could have grounded no verdict 
 upon ; but taking the.n in conjunction with the evidence of the 
 Gazetteer, and the parole evidence this day upon your table, 
 certainly do go to the point. Is it a feditio^s meeting or not, 
 in as much as it is proved it \vasa meeting calculated for the 
 purpofe of overawing Parliament, and refilling any at't which 
 might pafs until compelled to defiil by fuperior force ; and that 
 conduct followed by their adopting every form of that country 
 to which I am fo often alluding, if you are of that opinion, you 
 will find a verdict in my favour, for with regard to his bein^ a 
 ringleader in this buiinefsand being a man who conducted thefe 
 Committees the evidence upon that point is fo clear, it is in- 
 volved in every word I have now read ; the moment yon have 
 come to a determination upon the one point, it jfliews, that he 
 is a principal in th- guilt of being a Member of that Conven- 
 tion, and a ringleader in it, as fuch, he is more refponfible than 
 
 the 
 
the poor creatures whom you have fcen to day, and who were 
 under his guidance. 
 
 Gentlemen, I am afraid T rrefpafs more upon yonr time, much 
 more than I had any intention of doing, when I rote ; but I can- 
 not help taking notice of" one thing which dropped from the 
 gentleman at the bar, in the commencement of this day's trial 
 he told us, that he had cited feveral persons, who were not evi- 
 dences, this day upon the trial ; men bearing the higheft offices 
 in the itate, and at prefent discharging the duties of thofe im- 
 portant offices in England. And he brought evidence which I 
 dare fay is the cafe, that, under the letters of exculpation, which 
 iilue of courfe, and in which he can fill up any name that he 
 pleafes, that he fubposnaed them in London by the forms of the 
 law of England ; in the coui fe of fomething which was not a 
 very proper argument upon the fubjetft Mr. Margarot chofe to 
 refer ; and if I am not miftaken,! thank him for the expreffion ; he 
 referred to rayfelf and to my own candour, if the public Profe- 
 cutor had not higher powers in bringing witnefles to this court 
 than what he poflefled. I have no difficulty, ac all times and 
 feaibns, to give my opin'on to a Pannel, whether I ani bound 
 to do ic or nor, and I \\as ill-prepared then to give him an 
 anfwer ; but I faid I had no more power of compelling witneiles 
 to come into this court, than the meaiieft criminal at the bar. 
 Our rights, in that refpe<ft, and our powers are the fame. I 
 will give him an inftance of it : A noted inftance occurred 
 twelve years ago, when one of your Lordfhips filled the office 
 of Solicitor General of Scotland. A man of the name of M'Gee, 
 a carrier of letters, was brought under an accufa'tion of having 
 embezzled letters and ftolen money intrufted to his charge. 
 The principal evidence was a woman, arelation of his own, and 
 who. immediately after the fadl was-difcovered, reitred to Eng- 
 land. The Solicitor General brought his indielment againib 
 him. I at that time appeared as counfel for the pannel. The 
 trial was adjourned from week to week, and from day to day ; 
 becaufe this material evidence, the woman, would not come, for 
 obvious reafons, within the jurifcli&ion of the courts of law, 
 to give her tellimony againft the pannel. And how did Hie at 
 lait come ? Having been concerned with him, {he came at lait 
 becaufe means were found to notify to her, that if (he did not 
 come to her duty -as the witnefs againft the pannel, me herfelf 
 \vould be tried in England, as an approver of the crime ; and 
 .therefore me came to (ave and redeem her own life, and gave 
 evidence, as me was bound to do ; and which ilie would have 
 been compelled to do, if me had been in this country ; and 
 1 hope that inftance will fatisfy him, that even the powers of the 
 public Profecutor are juft exactly what his are: that he mult 
 take his chance of bringing witnefies from a foreign country, as 
 \ve do ; and if lie is not fuccefsful there is no help for it. 
 
 But, gentlemen, if it is meant by laying thatthefe men have 
 
 not 
 
not obeyed the citation, if it is meant to found any plea of fa- 
 vour upon it, I leave the Panriel in full pofieifion of any benefit 
 he may derive from it; but if you were to give weight to fuch an 
 objection as that, feeing the reafon of it at prefent, there is not a 
 paimel who would not be entitled to the fame benefit, be his 
 crime what it may, who will not tell you he has witneties in Ger- 
 many, in France, in America, or in the Indies, and you muft al- 
 ways take thepannel's word for it ; and you will consider if there 
 is any poflibility of doing duty to ypurfelves or your country, if 
 you receive excufes of that kind. 
 
 Gentlemen, befdre I lit down, I muft obferve it wr.s faid, that 
 in all their pretentious they were not afraid of what they were 
 about. I omitted to mention one very material paper, which I 
 truft will fatisfy you that the Gentlemen were pei fcclly aware 
 of the danger of what they were about ; in a letter from Mr. 
 Hardy, who is the fecretary of the London Correfponding Soci- 
 ety, which was found in the pofieiiion of Mr. Hardy, afrer a 
 long account of what was going; on, and telling him, that they 
 had fent draughts, and complaining of the fliort coming in of 
 the funds which were fubfcribed, it feems, for the carrying Mr. 
 Gerald down to this country ; whicii, lie fays, had fallen la- 
 mentably fliort of their expectations ; and at la(t concludes thus : 
 " I have to inform you of the wifh of the Society, that you 
 <( would favour them with the number of delegates in the Con- 
 t( vention from England ; alfb and how the civil and military 
 " power relifhes your meeting." Upon the 8th of November, 
 1793, a f ew days after Mr. Margaret and Mr. Gerald arrived in 
 this city, upon an objecft which they are not amamed or afraid 
 to avow, an object of the public good, and of Scotland in parti- 
 cular, it is fomething extraordinary that it ihould come into the 
 head of the fecretary of the meeting, by which they were ap- 
 pointed, to afk the queftion, how the civil and military power 
 relimed their meeting. The military power has never inter- 
 fered : it cannot interfere to check fuch meetings as thefe 
 though the confequences of fuch meetings, I hope and truft, 
 never will be fuch as to render the civil power compelled to 
 adopt that lalt and necefiary meafure ; though, were I to look 
 at the fpeech of Mr. Gerald, flated in the Gazetteer, mentioned 
 in the minutes, and which he gave immediately imer that fo- 
 leinn refolution was come to, I will not at this hour trouble you 
 with quoting it, it would be clear to demonftration, that Mr. 
 Gerald at that moment {hews, in ftrict terms, what is his mean- 
 ing, that this refolution was come to, with the purpofe of refr't- 
 uig lawful authority by force, as Coborn tells.you, paying no 
 regard whatever to it, though pafled by the Legislature ; in that 
 fpeech referred to in the minutes, and in the Gazetteer, he fays, 
 1 rife to congratulate the Convention on the adoption of this re- 
 folution, not only on the propriety of the meafure itfelf, but on 
 that unanimity and folemiiity with which it ispafied: then goes 
 
 on 
 
C 105 ) 
 
 on a long ftory, with regard to the Irifh bill. But the cone! a- 
 iion is this, though I could not get a copy of this bill, the heads 
 \vhich 1 have read are fufficiently explanatory of its deteftable 
 principles, which was a bill pafled for the exprefs purpoie of 
 preventing the meeting of a Convention formed upon French 
 models, and imitating French politics. I read the other day a 
 fpeech of one of the ablell men in the Irifh Parliament nponihat 
 fubjec^l. The object of that bill was to check a fociety of united 
 Irimmen ; a fociety alfo with whom I have the honour to be ac- 
 quainted ; a fociety which fent fome papers to tViis country of fb 
 {editions a nature, that even the fiill convention i efufed to re- 
 ceive it, as being a treaibnable paper, for which the unhappy- 
 mover is now fuffering the punifhment that the law has award- 
 ed. He goes on : I hope the motion, which has palled this night, 
 will convince the minifter, that we are determined to guard 
 againft every attempt that may be made to deprive us of our 
 rights; and, though by fome it may be thought a bold, by 
 others a daring ineafure ; yet it will be found the bed for fecur- 
 ing the peace of the country : for if fuch a law were fuffered to 
 pafs, if men were not allowed to utter their complaints, a num. 
 ber of rancorous paffions would arife, and we mould feek to ap- 
 peal to that lalfc terrible clecifion, the event of which is uncer- 
 tain ; but which God and nature allow. If the (civility of the 
 people had been lefs, if they had dared to meet, and in place of 
 murmuring) had told the rulers, that there was danger in feek- 
 ing to deprive them of their liberties, we need not have had that 
 refolution to have recurred to to-night; but when I faw the 
 calm deliberate countenance of every one prefent, and the fb- 
 lemu manner in which it was pafled, I was convinced that it was 
 iiotonly a refolution of words, but a rule of action. This is the 
 commentary which Mr. Gerald gives to that refolution, which 
 1 have already Mated as being compofed in artful ambiguous 
 terms, and to which I have affixed ib criminal and fo guilty a 
 conclufion. It appears to me, and I truft will appear to yon, 
 that the purport of that refolution ambignoufly worded, and 
 come to with fnch awful folemnity, was a refolution that, in any 
 of thofe emergencies, if they had happened, was not to be a re- 
 folution of words, but a rule of action ; you are t/o conlider whe- 
 ther that is to be fuffered ; and I know, becaufe it is the common 
 law of the country, that your powers, as Jurymen, are fuffiderit 
 to check fuch conventions. If fnch men are to meet to consider 
 what are their rights, and what ought to entitle them to that lalt 
 and terrible decision, the event of which isuiiceriaii!, but which 
 God and nature allows. If you permit that to be allowed, where 
 is the fecurity of your laws, your lives, or your liberties ? Where 
 is the protection which this government gives to all, high or 
 low. nch or poor, if theie men's opinions, be they ever fo 
 learned, are to he let up iu oppofition to the Britifti Parliament; 
 or if they are to judge iu ^Yhat point they are to recur toU'jat lait 
 
 O and 
 
and terrible decifion, which comes to that which we fee in a 
 neighbouring country, where blood and devaftation are the cer- 
 tain corifequences. 
 
 Gentlemen, before I conclude, fomething was faid, and T hope 
 I vindicated you ; in the commencement of my argument ; fome- 
 thi-ng was faid about the Juries of this country, fomething was 
 faid againft myfelf and the other fervants of the Crown. If he 
 means the fervants of the Crown in this country, I unqneftiona- 
 bly ftand atnongft them. It is faid that we are the perfons guilty 
 of Sedition j that we fowed fedition between our mafter and our 
 fellow fubjecfcs ; and that we are the proper perfons to ftand at 
 that bar , that to us are to be imputed the offences with which I 
 have charged him. Upon that point you muft determine, and I 
 feel not the leaft difficulty in thinking that upon that charge I 
 {hall meet with a compleat acquittal: all that I now fay, that 
 ftanding in the fituation which I do, and ably affifted as I am, I 
 have never brought any indkftment againft any man for any of- 
 fence, I never opened in my life a Bundle of papers which were 
 laid before me, containing the cafe of a propofed criminal, with- 
 out an awful feeling upon my mind of the delicacy and the ex- 
 tent of that duty which depended upon the exercife of my un- 
 derftanding, and confulting my conference upon the fubjed:. If 
 you differ with me upon this occafion, I mould at leaft hope, if 
 it is poifible we can differ upon the fubjed:, that you will not 
 think that I have brought any improper or oppreilive profecn- 
 tion before you ; at leaft, if lam guilty of fedidoufly perverting 
 the duties of my office to any purpofe, I mall look back with 
 fooie confolation that hitherto I have received the beft fupport, 
 which comes home to a man's confcience, the unanimous opi- 
 nions of a jury of my country. Something was faid of being 
 a place-man and a penfioner. I am a place-man, it is true ; 1 
 have been ten years in two high fituations ; and I have and am 
 unqueftionably liable to that unfafhionable imputation of the 
 Britim Convention ; that even the boy they called exulted that 
 he was not a penlioner. I plead guilty to the charge of being a 
 place-man; as to a penfioner I am not, I mould feel myfelf 
 mean indeed in my own eyes, if, by accepting the licuation I 
 now hold, my independence was injured in the fmalleft refpecl. 
 I have been, by accidental circumftances, early brought forward 
 to thofe fituations, if I found them militating againft the dictates 
 of my own mind, I truft, with all the emolument of it, nothing 
 fhould tempt me to retain it, or prevent me from throwing it up. 
 I feel that I have done nothing but brought the guilty to juftice ; 
 and as to what they may fay, I care not for it. They have my 
 full approbation : they have a better thing, they have a right to 
 attack me upon that fcore; as to a petition. I have none, nor am 
 I liable to fuch an imputation. I have, from the earlieft period 
 of my life, born in this place, from the moment I came to that 
 bar, ihave fupported myfelf; and, were I to be turned out to- 
 
I 107 ) 
 
 morrow, I Should retire behind that bar, and my friends rou,^ 
 me, as free of the public money, as poor and as independent a 
 man as I was in 1784, when I was fivft introduced within in. I 
 beg pardon for having deviated from that ftridt line of my duty; 
 bnc having been attacked, and probably mall again be attacked 
 as a placeman and a penfioner, which is the cant phrafe of thefe 
 gentlemen of the Britiih Convention, I thought proper to fay fo 
 much before I fat down, and before 1 call upon you, which, I 
 hope and trull will be the cafe, to return that verdict which I 
 think is founded upon the evidence, that this man is guilty of 
 the crime of Sedition wkh which I have charged him. 
 
 Mr. Margarot. Gentlemen of the Jury, I mail come un- 
 doubtedly with great difadvantage, after the florid oratory of 4 the 
 public Profecutor ; however, he fortunately for me has been fo 
 very profufe in many points, that it reminds me of Shakefpear's 
 proverb. 
 
 " Two grains of wheat in a bufliel of chaff." 
 
 I addrefs myfelfat prefent to my country, and through the 
 medium of a Jury. You are the reprefe.ntatives of that coun- 
 try ; great is the trull repofed in you, you are men, I make no 
 doubt, of untainted,- of unfpotted characters, and I hope you 
 \viilproveyourfelvesfuch. High founding words I hope will 
 yield to plain fenfe. 
 
 Gentlemen, I am not an attorney, thank God ; neither am I 
 a Member of Parliament, thank God likewife. It is the pub- 
 lic Accufer's buiinefs to fet forth, in the mott lively colours, every 
 crime, or imputed crime, which he ftates at the Bar of this 
 Court. I do not blame him for fo doing. I do not find fault 
 with him for making the molt of his talents, or doing the moft 
 for the money he receives. He has however tried to prejudice 
 you in the firll inftance againft me. He has thrown out that I 
 have aflerted you are a packed Jury. It is a falfehood. Forgive 
 me, Gentlemen of the Jury, forgive me, my country, if I fpeak 
 a bold but plain language. I cannot give you (for I am not a 
 fycophant) high founding words, but that which you will un- 
 derlland. I did not fay you were a packed Jury I objected to 
 not one of you, but objected to the unconftitutional way in 
 which I faid the Jury were chofen out of the Aflize ; becaufe it 
 is in the bread of Lord JulUce Clerk to pick out fuch as he 
 thinks proper ; and therefore though you are not a packed Jury, 
 when he chufes to exert his Ikill and penetration that way, you 
 may become a. picked Jury. However at prefent the caufe is of 
 great confequence ; it is not merely a criminal at the Bar that 
 you fee in me ; it is not the crimes of an individual ; it is not 
 the efforts of one fingle perfon that are attacked ; no, it is at 
 prefent your own rights which are attacked, as it is the rights of 
 your country, and your country look to you to do thofe rights 
 juilice, and to fultain them. Gentlemen, the public Profecutor 
 has found means to blend trials, crimes, criminals, -various per- 
 rons 
 
f *o8 ) 
 
 fons and various articles of accufation altogether, in order td 
 make a fum total of fuch a fize, as fhall feize upon your imagi- 
 mtion, and make you behold a mountain of guilt, where, in fac r t, 
 there is not even a mole hill of imprudence In me at prefent, I 
 am forry for it, and it will appear perhaps a kind of pride ; but 
 it is the truth, that in me the caufe of Parliamentary Reform is 
 this day attacked it is not the individual me I mould have 
 efcaped notice; but it is the clangers impending from abroad, 
 and the dangers impending at home, on the heads of thofe who 
 now occupy fome of the higheft ftations in the ftate; of thofe 
 who, entrufted by the Crown with the gi eateft powers, may 
 perhaps have made a worfe ufe of them than they think they 
 could anfwer for before a Parliament, fairly and fieely chofen 
 by the whole people of this country; and yet that very caufe of 
 Parliamentary Reform was eipoufed by thefe very men before 
 they were in place. 
 
 Gentlemen, the public Profecutor has faid, that I attempted, 
 both in doors and out, to (hake the confidence of the people, 
 with regard to a Jury ; and he afterwards with truth added, that 
 a Jury was the brigliteft privilege of Englimman. So it is, where 
 a Jury is faithful to its trnft it is the great eft privilege the Eng- 
 lilh Conftitution knows of; becaufe, Gentlemen of the Jury, 
 when you are honeft, you ftand not between the law and the 
 accufed, but between thofe in power and the accufed ; you fee 
 the due execution of the laws; you ftand between the accufer 
 and the man who is perhaps weaker than the acculer, either in 
 tongue or in knowledge ; and as he has thought proper to avail 
 him felt* of that fuperority and to carry it forth, I will undoubt- 
 edly yield to him in regard to talents and eloquence, but for the 
 ibimdiiefs of my doctrine I will not yield to him. Gentlemen, 
 I never attempted to prejudice the people againft a Jury. 1 ever 
 will life up my voice againft any aA of iniquity, in impannelling 
 a Jury, againft every act of iniquity, iu trying to miflead a 
 Jury, or in trying to influence a Jury, even if the man on the 
 Bench tries to influence a Jury, I (hall try to flop him, I fhall 
 withhold him, and tell him, it is not his duty, though he fits 
 there as Judge, and I ftand here us criminal , it is my right as a 
 Briton, to keep him within the bounds of his duty, to keep him 
 clofe to the execution of the laws, if he attempts to depart from 
 them in any one inftance. With the* fame fpirit of inflamma- 
 tion, the public Profecutor has fwelled out the treasonable mat- 
 ter which he fays lies on the table ; and he is obliged, in the end, 
 to tell you, that if it appears to you that the British Convention 
 really had no feditions motives, if they were only, bona fide^ 
 feeking a Reform in Parliament, whether it was to be by annual 
 Parliaments, or whether it was to be attended with im'verfal fuf- 
 frr< ", or in vvhatever way if may take place, yet that Convention 
 mutt be innocent ; but fays he, yon muftjconcur with me, that the 
 parole and written evidence are more than fufTicient to prove me 
 
 guilty ; 
 
guilty ; and adds a very curious reafoning : lie fays, if you wait 
 till you have poiitive proof, it will be too late; therefore, make 
 liafte, avail yourfelves of the prefumptive proof that I give you,, 
 and condemn him, which is to fay, (port with the lives, fport 
 with the liberties of Englishmen, for fear of accidents befalling 
 you hereafter. Is that the language of mercy ? Is that the lan- 
 guage of the Conftitution ? Is it the language of the Laws ? . 
 He calls his proofs in the firft inltance folid and convincing ; al- 
 though, at lad, he is obliged to have recourfe to that fubterhige ; 
 he fays it amounts to more than fedition, and arraigns the igno- 
 rance of the Members of tlrat Convention at the fame time that 
 he arraigns their wickednefs, that they pretend to be ignorant 
 of what really is fedition ; and yet he does not deign to inform 
 them. He fays, it is as ilricltly defined 'as murder, but he doe* 
 riot give you that definition ; he only fays, we are guilty of Se- 
 dition. Novy fedition muft be fome ac~t ; it cannot be a concealed 
 operation of the mind, it muft be an overt ad: ; and yet he \vants 
 you to judge not of our overt aifts, but of our intentions ; which, 
 all the witnefles have agreed in faying, were peaceful, orderly, 
 and feemingly legal. I fay feemingly, becaufe, as there is that 
 idea of our appearance being different from our real intention, I 
 put the word feeming into their mouths ; but I profefs to you 
 that our intentions perfectly coincided with our operations. 
 He acknowledges the right of the fubject to addrefs the' king or 
 petition the Parliament ; and it is well that he acknowledges it. 
 The affront upon your understandings I repeat it, the affront 
 upon your understandings would be too grofs, were he not to 
 acknowledge that freemen have a right to petition for redreis, 
 when they think themfelves abufed. 
 
 You are not to judge (a curious reafoning) Gentlemen you are 
 not judge upon any particular fadl ; you are not to judge 
 merely upon the evidence brought againit me ; you are not to 
 judge upon thofe trivial matters brought forth to night, which 
 apply entirely to me ; but you are to judge from the contexture 
 of the whole. You are to judge from papers that are to crimi- 
 nate Skirving, Brown, Sinclair, Callendar; and, as I underftand 
 there are a great number more againft whom indictments are 
 making out, thefe papers are to criminate all ; and the contex- 
 ture is to criminate all. He has wandered far from the indict- 
 ment ; he aflerts of his authority, however, it is but juft thar, 
 while he allows you the talent of prying into the hearts of men, 
 it is but right, he mould retain fome mare of the fame penetra- 
 tion ; and therefore with that fagacity which he claims, he fays 
 that our intentions were pofitively to join the invaders of Bri- 
 tain, let them be who they would, he does not name them, and 
 then lie defires you, in amoft pathetic manner, to lay your hands 
 upon your hearts, and fee if fucli men ought not to be pro. 
 nounoed traitors to their country. Undoubtedly men doing; fo 
 would be traitors to their country ; but how does he prove that 
 
 \vas 
 
was otir intention ? Ke brings yon forward far more convincing 
 proof than writtten evidence; he beings you forward n blank to 
 grove our guilt. He acknowledges than no notice has been taken 
 of three prior Conventions; and yet it will appear to you, gen- 
 tlemen, by thofe who have attended thefe prior Conventions, that 
 this Convention acted exactly upon the fanv plan ; therefore the 
 laws of the land were either afleep at that, time, or they are 
 over vigilant at this. He call* us a fet of French Conventionills. 
 I do net believe there were five men in the Convention that can 
 fpeak French. I do not believe that there were five men who 
 had an adequate idea of France ; and it does not appear, from 
 the evidence that has been brought before you, that any fingle 
 member of the Convention has aii) intercourse whatever with 
 France ; but yet it is criminal in us to adopt certain terms. Thole 
 terms, taken by themfelves, he telU you, are non criminal ; but 
 take them, at this prefenc crifis, altogether, form a mafs of guilt 
 which it really hurts him to mentio i, he is ib tender. However, 
 to fupportthis allegation, he does not bring any proof; he gives 
 it merely as an aflertion ; and which is as legal an authority, as 
 he undoubtedly held thofe orders which lie gave to Mr. David. 
 fon, the Sheriff Substitute ; and which, by the bye, he acknow- 
 ledges. He reflects upon me as being, or pretending to be, an 
 Englishman. Dare he doubt it, or dare he difpnte it 1 have 
 been, I acknowledge it, obnoxious to his nncle or father, or 
 \vhoever he is, in London and feveral other Members of the Ad- 
 miniftration. Thofe who profit by the fpoils of the nation, thofe 
 who once were friendly to a Reform in Parliament, but now 
 they have got into the enjoyment of the good things of the trea- 
 fury, feekno more that reform. Hud I been a foreigner I mould 
 have been long ere now fent abro 1 1 under the Alien Act. 
 
 Gentlemen, he alleges againft m , as an article of accnfation, 
 a motion faid to be made by me ; a id he then reverts to the tef- 
 timony of Rofs and Coburn, and fupports it by other charges of 
 certain forms which Mr. Callender (who, it Teems, has run from 
 his bail in a mod difgraceful manner) wiflied to introduce into 
 the Convention A Reform of Parliament, he will not rdmit 
 he calls it (but it remains for the nation to determine, whether 
 lie calls it rightly or not) a chang* of the Conftitntion. A Re- 
 form \indoubtedly would make a change, but it would not be in 
 the Conftitution ; though, to be ("me, a change from ficknefs to 
 health is fo far a change in the Gmlritution ; but it is poffible 
 that you may recover yonr prirtiue health, and make no altera- 
 tion in ypur former Conftitutio i ? yon only do away your dif- 
 cafe ; and that is the way in which a Reform ia meant to operate. 
 He pleads much againit univerial Suffrage, and annual Parlia- 
 ments. Indeed annual parliaments he touches more tenderly 
 upon. However, the fame power that made them from annual 
 to triennal, and from triennial to feptennial, may very likely go 
 on to make them for life, or even hereditary. 
 
 But 
 
( III ) 
 
 But to mew that univerial Suffrage has taken place, I will 
 give you a quotation from a Scotch Author. '1 lie Lord Advo- 
 cate has faid, it could not take place for the belt of all pofh'ble 
 reaibns, (and J have heard that twice in this Court) bccaufe it is 
 impracticable. A Lord, learned in the law, and whofc autho- 
 rity none here will deny, Lord Kaims, fays, that, " with regard 
 " to this matter one thing is certain, that the Rcgiam Majcjlatcm 
 " was compiled in the days of one of our Davids. The author, 
 " whoever he be, declares that he was commanded by King 
 " David to compile this work with the counfel and advice of his 
 " whole realm/' Theie, Gentleman, yon fee it js n,ot the ad- 
 vice of reprefentativcs ; not the advice of individuals; but it 
 was the advice of his whole realm. The lame Lord Kaims does 
 not fix a Government, or a Conititmion to any one particular 
 point. He does not tell you that the Conftitution of Great Bri- 
 tain is the very belt that ever exifted from all eternity, as our 
 learned Lord does ; 01 that it will endure to all eternity, but he 
 fays, " Government is one of the arts which neceflity has 
 " fuggefted, which lime and experience have ripened, and 
 " winch is fufccptible of" improvements witiiout end. It muft 
 <* alfo be the privilege of every Society to improve upon itsgo- 
 " vermnenr.". -Theie yojb fee, Gentlemen, there yon fee, peo- 
 ple of this country, tlat k admits of improvements without end ; 
 and therefore that which is good to day may be better to-morrow. 
 Lord Kaims fays, " it is the privilege of every Society to ini- 
 " prove upon its government;" and what fignifies the privi- 
 lege, if we are not to have the enjoyment of it. I will warrant 
 the learned Lord., that whatever privileges he enjoys, in hisfitu- 
 ation, he would not think them privileges, if he was debarred 
 from the enjoyment of them Then, why mould a nation be 
 deprived of that vl.ich would be a lofs to an individual, whole 
 intereft it is that the government mould be good. Is it the in- 
 tereft of the few, or the intereft of the many ? Undoubtedly 
 it is the intereft of the many. It is the concern of the many, 
 and confequciitlv the intereft of the many. He continues, 
 <l It mull alfo be the privilege of every fociety to improve upon 
 ** its government, as well as its manufactures, hufbandry or 
 *' other art invented for their good" Here you fee if an im- 
 provement is admiflible in an art, it is fo in government. t( No 
 " particular foi ii> therefore can be eflemial, asno particular form is 
 ' preferable to another." This is a Scotch Lord who fpeaks, " un- 
 " lefe by havinga greater tendency to promote its end the good 
 *' of the fociety." Therefore, how excellent ibever our Conftitu- 
 tion may be in its prefent form of three e(tate, and in the prefent 
 niott excelleir moft immaculate waysof electing Members of Par- 
 Inmeiit; yet,if there is abetter mode of electing Members of Par- 
 liaiiieni, it is rotonly our right, but our duty to do it ; yet meet- 
 ings for that purpofc are deemed fcditious, although there ii 
 
 np 
 
( m ) 
 
 no overt aiffc of Sedition, but merely the conftm<Ttion of the pub- 
 He Accufer, for the doctrine that he has pleaded is, that before 
 a man is guilty you lhall hang him, that he may not become a 
 rogue. 
 
 Gentlemen,, another great point is the committee of fecrecy ; 
 that galls him ibrely. Undoubtedly we ought to have told him 
 what we were about. We laid we had no fecrets, and immedi. 
 ately after appointed a committee of fecrecy. It is true, and 
 there is no inconfiftency in it. We had no fecrets to go upon ; 
 our plan was perfectly conftitutional, and muft operate for the 
 common good ; but, at the fame time, feeling ourfelves under 
 the arm of power ; feeling ourfelves to be militating againft 
 abufe all powerful, it was prudent in us for the prefent not to 
 expofe ourfelves more than neceflary : it was prudent to fecure 
 to ourfelves a fafe place of meeting. Ke has faid, it would be 
 rebellion, and an overt act of treafon. As to that I do not fee 
 how a fecret meeting can be an overt act of treafon. We fliould 
 have been able to repair to the place of meeting fecretly, becaufe 
 we knew every ftretch of power would be made ufe of againft us, 
 and there is more reafon to fufpe<ft that the prefent war with 
 France is not directed folely againft France, but againft the re- 
 form in England. It was meant by that war to divert the atten- 
 tion of the public from that caufe, under the pretext of that an- 
 cient prejudice, that that country was always our natural enemy ; 
 the numerous failures that are daily taking place; the numerous 
 lofles that we have experienced, both, I am forry to fay it,^both 
 by fe-i and land, teach us that that war is far from being a profi- 
 table one j teach us, that we are farther off gaining our end 
 now, than we were at the beginning of that war ; for we are at 
 this daj r iefsable to treat, or to treat on fuch advantageous terms 
 with that watin we have fo much defpifed as we were at the be- 
 ginning of the war. Ruin ftares us in the face in every part of 
 the kingdom ; every manufacturing town is labouring under the 
 greatest mifery. London mews no lefs than 8000 Spitalfields 
 manufacturers who are ftarving. Norwich, another great trad- 
 ing town (from which I have appeared in the Convention as a 
 Delegate) is in fo difinal a fit nation, that the poor rates, which 
 were at firft, two years ago I think, or 18 months ago, but ss. 6d. 
 in the pound, now amount to the enormous fum of 173. 6d. ; 
 and, by Lady-day next, they will be 2os. in the pound, owing 
 to the prefent war. 
 
 Gentlemen, I hope you will not think it impertinent in me to 
 follow the example that has been fet me, of reading from a newf- 
 paper. It is not altogether fo pleafinga fact to me, as that which 
 the Profecutor ftated from the Gazetteer was to him. It gave 
 him fatisfaction that it criminated me it gives me pain that I 
 am obliged to criminate thofe that are in ^office. 1 will read to 
 you a letter from a clergyman who vifited the Spital fields* weav- 
 ei s, and Giade a report of that vifit. You will by this/ee part of 
 
 the 
 
the cliftrefs in which they are now plunged, owing to the war t 
 
 it is a letter addreiled to the Reverend mr. T . (Reads it 
 
 from the Morning Chronic//;. See Appendix, No. i.) 
 
 Gentlemen, I will alfo read you a paragraph u neon trad icled 
 by authority, from the Morning Chronicle, of lit January, 1793. 
 The Editor lays, " In one fhort month (December 1792}" 
 ( Sse Apptnd'txi No. 2.) 
 
 What is that but ikying, that onr conftitution is greatly im- 
 paired within thefe twelve months, if we do not look to ir, we 
 {hall have nothing but an Italian or a Spanifh constitution i-cft to 
 us. How therefore are we to reftore that conititutioii but by a 
 timely reform ? and how are we to obtain that reform, but by 
 purfuing it with vigour ? and how are we to purfne ir, if we are 
 not to meet, and if an Englifh jury will permit a public profe- 
 cutor (and believe every word he fays) to throw an odium upon 
 them ; and lay, that though their meaning may be good now, 
 it may in future be bad ; and therefore you muft condemn them 
 as feditious. As a further proof, however, of the conftituti- 
 onality of thefe meetings, and the right we have to revert to 
 our original conftitution, and to do away tiie exifting defedts ot* 
 that which is termed the prefent conftitution ; I will read to you 
 a letter from Lord Bathurft to Dean Swift ; although in his 
 time the Ivoufe t>f Commons was corrupt; fince that time no 
 great effort has been made to amend it ; and we all know that 
 human inftittuions, however good they may be in their tirft fet- 
 ting out, go naturally to decay, unlefs repaired. It has more- 
 over been aliened, that one of the glories of our conftitution is, 
 that it is of fuch a nature, that it will admit of repair without 
 being thrown out of order, and vcill always beadvantaged by it; 
 and that repair in oft come from the people ; hue hear what Lord 
 Bathurft fays : * ( I am convinced that our conftirution is already 
 ** gone: 1 ' luckily for the public profecwtor he has found it to- 
 night, *' and we are idly ftruggling to maintain what in truth 
 " has been long loft ; likfcfome old fools here, with gout and 
 " pallics, at fourfcore years old drinking the waters," he was 
 then at Bath, " in hopes of health again. If this was not our 
 " cafe, and that the people are already in eftecl Haves, would it 
 *' have been podible for the minifter, who projected the excife 
 6i fcheme (before the heats which it had occasioned in the na- 
 " lion were well laid) to have chofen a new parliament again 
 " exactly to his mind ? and though perhaps not altogether fo 
 " ftrong in numbers, yet as well difpofed in general to his pur- 
 " pofes as he could wiih. His mafter, I doubt, is not fo well 
 " beloved as I could wim he was." You fee that even in the 
 time of Lord Bathurft there were no greater enemies to the 
 King than bad fervants ; for none alienate the affections of a peo- 
 ple from a King fo much as bnd fervants of the Crown. Ci His 
 fi mafter, I doubt, is not fo well beloved as I could wiih he was: 
 " the uunifter, I am fure, is as much hated and detefted a* ever 
 
 P " man 
 
" man was ;" whether that applies to the prefent time or not, I 
 leave the people of England and Scotland todifcover, " and yet 
 4t I fay a new parliament was chofen of the ftamp that was Je- 
 " fired, aner having failed in the moft odious fcheuve thai ever 
 <( \vas projected. After this, what hopes can there T>o{iiulv be 
 " of fuccefc ? Unlefs it be from confnlion, which God forbid I 
 * f fhould live to fee. In ihort, the whole nation is fo abandoned 
 *' and corrupt, that the Crown can never Fail of a majority in 
 <( both houfes of parliament. He makes them all in one houic, 
 <( and he choofes above half in the other, four and twenty bi- 
 " mops," very upright men, " ami fixteeti Scotch Louis is a 
 f{ terrible weight in one; forty-five from one country, heiides 
 " all the Weflof England, asd all the government boroi 
 " is a dreadful number in the other. Were his majeily inclined 
 " to-morrow to declare his body coachman his fait rniniiter, i: 
 ** would do juft as well, and the wheels of government would 
 *< move as eafily as they do with the fa^acious driver, who now 
 << fits on the box. Parts and abilities are not in the leail want- 
 e < ing to conduct affairs : the coachman knows how to feed his 
 {{ cattle, and the other feeds the beads in his fei'vice ; and this 
 ft is all the fkill that is neccflary in either cafe. Are not the'e 
 f< fufiicient difficulties and discouragements, if the'e were no 
 t{ others, and would any man ftriig^le againft corruption, when 
 " he knows that if he is ever near defeating it, thofe wlio make 
 *' ufe of it only double the dofe, and carry all their points fur* 
 t( ther, and with a higher hand than perhaps they at firtl iu~ 
 <l tended." Therefore the poor Reformer generally comes off 
 Che word ; as perhaps will be the cafe with thole now at your 
 bar. Gentlemen, lince the days of Lord Bathurft the difbrders 
 of the ftate have gone on encreaiing, and we are now loaded 
 with fuch an immenfe debt, that it is incompreheufible how the 
 nation fupports itfelf under it ; and there are now forty millions 
 more to add to it, for the fake of preventing a reform in parlia- 
 ment. A foreign war was entered into wkh that view, while 
 the Crown Lawyers have been bufy at home: words have beoi 
 raked up of as fat* date back as a twelve month ; fpies fet in pri- 
 vate families ; fervants interrogated ; the man has been fee 
 againft his in after, and the child againft its parent. Every ait 
 has been ufed to bring forth criminal profecutions, in order that 
 reform may be difcouraged in every fhape ; and that thoie, who 
 had been rhe foremoft in attempting any thing like reform, 
 jfhouid be Itigmatifed as feditious, treafbuabie, as ringleaders. 
 Thefe words you have vociferated again and again, u;itil they 
 rtiuft ,have tired your patience. 
 
 Gentlemen, -here is a (ta tern en t of the national dehr, which 
 perfectly applies to the cafe in point. The national iltht b.- P:,H 
 xvith our happy revolution, which we are all bound lo praiie ; 
 and would to God the confiirution was as found now as it was 
 then. The national debt was a fchenie deviied fcv William ami 
 
( "5 ) 
 
 Mary, to fecnre their footing in England. At firft it amounted, 
 I believe, to feveir millions ; but during that reign it inereafed 
 to fixteen millions, and the wars of Queen Anne inereafed it to 
 fifry-four millions the amount of the debt at the end of the war 
 of 74? was 78,250,000!. j the amount of the debt at the com- 
 jner.icenvcnt of the war in 1775 \vas feventy-fi've millions ; after 
 that there was a diminution took place of about four millions, 
 which were paid off. At the end of Lord Chatham's war, the 
 national debt amounted to one hundred and forty-fix millions ; 
 it tiiminiihed by the peace to one hundred and thirty-fix millions, 
 > that a peace v^hich lafted till 1775 diminifhed it ten millions, 
 and in the war from 1775 to 1783, the infamous American war, 
 V'here you will recolkift the Americans were firfl treated as re- 
 bels, exactly in the fame manner that the French are now treat- 
 ed ; they were deemed rebels ; they were deemed a fet of vil- 
 lains ; they were deemed the worft creatures upon the face of 
 the earth ; and whenever they were fpoken of, it was one Hand- 
 eock, one ^dams, one this, one that, and one the other, till we 
 found, at the end often years war, and an expence of one hun- 
 dred and thirty-four millions, befides one hundred thoufand 
 Jives lott in the war : we were qbliged to give up the war, and 
 accept of an Ambailador from them; and, at the time of Mr. 
 Pitt's acceJIion to the treafttry bench it amounted to two hundred 
 and feventy millions. At this prefent day it is upwards of three 
 hundred millions ; and if we go on thus, year after year, we 
 in 11 toon make ic fonr hundred millions. But the remarks in 
 this paper are more appetite. 
 
 '* S innnenfe a debt as two hundred and feventy millions, 
 " bearing an intereft of about nine millions and a half, was an 
 * alarming circutnftance to the public, after the lofs of half the 
 " Hi itifli dominions abroad ; and fomething muft be done to 
 " divert the attention of the people from any ferious enquiry 
 " into the corruption and abides which had involved the natioi\ 
 fi in i'uch ruin." 
 
 " Mr. Fox was for probing this ulcerated wound to thebottom, 
 " and meting our iuuation in an open and manly manner, but 
 " \\\e f.cret junto in the Cabinet," and that junto, Gentlemen 
 of the jury, 1 will tell yon originated in Scotland. I know not 
 at prefent whether it continues its root there or Mot ; 1 am much 
 incline:l to think it does ; but the fecret junto " forefaw, that 
 fiKii a meafnre would lead to impeachments, refunding and 
 t . confi&ation of propeny. He was therefore turned out of of- 
 " fice, and Mr. Pitt feduced from his friends and party. -to 
 (< become the tool of thofe who began to be alarmed for fear 
 " an inveiligation (hptild take place." Here then Mr. Pitt is 
 only the oiieniible miniiter, while in fact he is ruled by a 
 {ecrer jnnfo. ** A bubble was inveiited to amufe the people, 
 **' and Hop the mouths of the mouied. iKen, the weakeft that 
 " ever was formed, and the moft ruinous aiid wicked ove 
 
 thac 
 
te that ever facceeded. The undei (trapper.- in ofHce," in Eng- 
 land, gentlemen, we have uncierilrappcrs in office as well as in 
 Scotland, " and treafury runners, weie inceflamiy employed in 
 * blacking Mr. Fox, and circulating in every company, that Mr. 
 ft Pitt was lo pay off the National Debt. The meafures he a- 
 " dor:ed for riuc purpofe were cried up as a mailer piece of 
 *f v\ iidorn : .and tiiii was again rung in the ears of the cvechi-* 
 <? lous people in every corner of* the kingdom by the pvoftituted 
 " prims.hi the Miniiter's pay. By foch means, this extraoi di- 
 " nary bubble was blown up to an enormous f?7.e, and the trou- 
 " bles in Holland and Fiance, as long as we kept in peace with 
 */ the la(k mentioned nation, were favourable to thefe meafures. 
 */ The prodigious demand for our manufactures, the iucreafe of 
 e< trade." 
 
 I was .in France, gentlemen, between three and four years ago 
 upon a mercaniile expedition. I had an opportunity of viewing 
 all the great warehoufes in France, from the northernmoft extre- 
 mity to that very fouiliCi nr.oft point of Toulon, which we have 
 lately abandoned ; and I will tell you, that in one frna!l town 
 not ib large as Lekh, there was at that time Englilh goods be- 
 fpoke, ap.d in a great meafure paid for, to the amount of three 
 millions (lerling ; that kept our manufadiures afloat, that gave 
 profperity to the Nation, and that was in conference of the 
 commercial Treaty which was entered into between the two 
 countries about five years back, and in which I am not afhanied 
 to fay that I lent my humble aflifiance,- not officially to the Mi* 
 nHler here, but unofficially to the Mhiitter in France, becaufe I 
 knew the commercial connection of two nations was the way to 
 e'nrich both, and becaufe I knew that to do away that idea, that 
 they were natural enemies, and ihould go to war upon every 
 trivial occafion, was the only way to keep us in peat e and pre- 
 yent the flu 'deling of blood, which I am always fbrry for in any 
 cafe whatever. 1 vvifii I could lay fo of our Governor 1 ?, " the 
 t( influx or money from France, Holland, and the eonvulfecl 
 " parts of PJurope, gave Miniflers an opportunity of levying 
 t( enormous new taxes, even in time cf peace," while we were 
 pretending to pay off ihe National Delrr, every year brought us 
 new taxes ; why ? because a majority in tlie Houfe t.f Coiumon-s 
 was to be fecured. (t JNtr. Pitt took every advantage that all 
 '* thofe favourable opportunities gave him, and loaded the Peo- 
 " pie with fnch beavy > partial, and grievous taxes, as no Minif^- 
 *' ter ever before a'ttmpted, even in times of war." I .doubt 
 rat, people of Scotland, but yon labour under grievous t?xes, as 
 well as we in England; there is ozie I will g! y e you an idea cf, 
 the Salt Tax,, which flies in the face of common ienfe ; but it is 
 kept up for a re.afon \yhicli I .vill veil you by and bye ; the col- 
 leclion annually amounts fioin 19 to 20,000!. but the expence of 
 cotlecl^ng ir.amo-uus to ^o.oool. People who are unthinking 
 may fay, why does not the Mmiiier fell it whea he lofes fo much 
 
 by 
 
( "7 ) 
 
 by it ; it gives the Miniftry at the trifling expence of i,cr,ol. 
 />;,* amniifiy it gives them a patronage of 30,000!. " Mr. Pitt's 
 " Shop Tax, Futtian Tax, his Tax on the Poor Servant Maids, 
 *' the exteniion "of Excife Laws, his Commutation Tax, and 
 '* others equally obnoxious., are wiriiefles of the truth of what I 
 " now advance; .wich all his low cunning, artifice, exertions, 
 " fpies, informers." 
 
 Gentlemen, the Convention is reproached with adopting 
 French words and French manners ; it is now about fix years ago 
 that the Commercial Treaty was, I muft not fay on the tapis, 
 hut was pending in the cafe I mentioned before, in which my 
 humble efforts were ufed ; I had acceis to fome of the dependents 
 of the French Minillry, and I there found that in Pitt's cabinet 
 there was a fyftem of Police; I made ufe of that word, which is- 
 adopted in Ireland, in a great ineafure in London, and very like- 
 ly will be foon introduced into Scotland, if not already; the 
 French Police, Pitt applied to Bretagne, and from them obtained 
 e very article of the French Police,' Spies, and Informers and every 
 thing except the Baliile ; they had but one, and they could not 
 fpare that one: however we have made fhifc without it, having 
 converted Newgate, and the Counter, and other prifbns to chau 
 purpofe, until a proper one fhall be built; there is one building 
 in the neighbourhood of London, and 1 think I have feen fome- 
 thing like one building in the neighbourhood of Edinburgh j 
 he has imported Spies and Informers, who have exerted thetu- 
 felves, and every one of them has been well paid for it; Spies 
 and Informers, French things as well as French words. And I 
 believe the Nation, at that time, though much degenerated, I 
 havereafoh to believe, that at the firft binfec of Spin's and .Infor- 
 mers, the Police of England were at a lofs to find Englishmen 
 willing to undertake thofe odious tafks ; forry I am to fay, that 
 that repugnance is now nearly done away, that there is not a 
 public company without a Spy in it, and even the fervcmts of the 
 Crown glory in their having Spies ; fome are more diligent than 
 others ; I faw one here to-night, who, though he keeps lix Sj*ies 
 daily, it is no uncommon thing for them toregrer, at the end of 
 tke week, that they have brought him no intelligence; barked 
 with the molt executive commerce ever known, our manufac- 
 tures and internal trade, pufhed by induftry, private credit, and 
 paper currency, to u pitch never before heard of; and, in ihort, 
 the whole credit of the merchants, traders, and manufacturers, 
 exerted to the utmoft, to keep every hand ufcfully employee! 
 was not lufrTcient to raife fixes to pay the intereft of ib iminenfe 
 a fnm as two hundred and fevenry Millions of National Debt, 
 defray the expences of Government, which, together with the 
 interetl, amounted to tiie enormous fum of about feventeeu 
 Millions in time of Peace, without reckoning the Millions r-o be 
 annually provided to fupport this bubble ; all this, notwithftanci- 
 ing the liofUiifliing ll;ite \vliich peace and the unexampled ir- 
 
 duiby 
 
r -n* ) 
 
 dufh'y of the people to revive our trade ami commerce, conld 
 not i>e aun (tally drawn from their laboar-v, nor raited 1 by any of* 
 the oppreiti-ve means ad'typferf, without borrowing new loans ; 
 t>n one hand, as frock was pnrchafed vrith the public money, on 
 the OK her, that is to foy, in paying the National Debt, yen took 
 the 1 money oat of one packet, and paid it into the'other ; bnt 
 while you did that, Tome of it always fll to die ' onnd,. which 
 ymr lie vet' will fbe'apini : that money isemploved in keeping i p 
 the prke of Stacks ; fame thouf;uid's go weekly that way ; a Re- 
 forrm in Parliament would do away chat \bufe. " The Bank, 
 <f that fa-crert,, public, and private rcH>!iiory for wealth, was 
 " fqnee'ed out of half a Million. This drew on them creditors 
 <* for the unclaimed dividends to a nnrh larger amount, and o 
 ** thel* means, equally unjufV, were p--rfued to fupply the detici- 
 <( ehcjr. Bnt all this would not Joj c'oe bn'oble inuit fooiier or 
 " later barlt, and with a dreadful explofion, unleisfpeedtly pre 
 " veritect by a mosre ikilru! financier than Mr. Pitt." This bub- 
 ble does hot only threw :en -is Empire with thtr moil terrible 
 cuhvij'lftorns, b;.ft to fprend ,-nifclnef inio other countries. We 
 jjavebeen told, that the Bank of A.r.ilerdam is intimately con- 
 necfted with onr own ; if thai fails, ours will, and that was gi- 
 vcii as the reafrm for our going to war; and very likely our go- 
 war, will be areafosi for our Bank failsnjr : u i\ is form- 
 ed onTucb minors prijiciples, that it is imponToleall thcener- 
 " gy wl indttftry of a brave, hardy, and loyal people, when 
 " Ura-irted troths utmoft pitch, can (upport it; it was letting the 
 " Public ro roll a heavy fl-ofte up a ileep mountain, which grows 
 ft deeper and rbeeprasihe fmnmit is approached. To attempt 
 <- to p.iy off the National Debt by p n-chaftiig Stock, is one of 
 ** the rnoft barefaced robberies." Here is language ! this in 
 Edinburgh would be Sedition ; 'it would go near to be Trealou 
 " the attempt to pay off the Mario. jal Debt by purchaiing up 
 ^ Stock, is one of the molt baref:icei robberies connnitied on 
 <s the People, that ever was attempted in any civilized nation." 
 Here yon fee Mr. Pitt is called afob'oer, and the mod barefaced 
 and impudent robber that ever was, " loading ^he People with 
 lf unbearable Taxes, to enrich who? the Stockholder?, die Mo- 
 <e nied-men, and Gamblers, in the Alley ; thefe were fure to :f- 
 ** lift the minifre-'ial runners in blowing tip this babbie, which 
 " brought fo much grift to their mill; by their united arts and 
 " unwearied efforts, they aifhi ally raifed the price of Stock to 
 <e fuch a pitch, as to make the Public pay more than ^ol. iler- 
 * Hrtg niore than the intrinfic value, upon every icol." And 
 as Innyjas'the induitry of the Peop'c could bear fiicti bhrdens as 
 v/erp heaped npon them, there is every reafon to believe they 
 \vould rife higher and higher ; fo iiat the more the Public pur- 
 chafed, the more they vv6ifld have io pn.y for the remainder, pro- 
 viding this hobble was differed to continue. Mr. Pitt,' Ifalread 
 of pay ing off any part of the NnLional Debt, in tiaie 'of peace, 
 
 by 
 
by his plan, had added many Millions ; .and if -we are to go on in 
 this ruinous plan, the increafed price of the ftock will load tis 
 with more than r 50 Millions more than was ever owed -or pre- 
 tended to have been borrowed. 
 
 There, Gentlemen, in confequence of this fyfleitD, the Watioo. 
 will find itfelf debtor i $o Millions more tbun ever was pretended 
 liad been lent to it ; an immenfe fum of idelf. but whkh rhe 
 Nation would have been barefacedly robbed of 150 Million 
 fterlmg which we never borrowed. " It will eafily be ftten, by 
 " examining the Kiflory of the lie venue, or .this brief {lavement, 
 <( that every war which this Country has been engaged in has 
 *' nearly doubled the former Debt raid Taxes, let; them amount 
 <( to what they might ; and yet the Nation has heen pluaTg^tl 
 <( into a war, with this heavy millltone of two hundred and sib 
 " veiny Millions alc.ut its neck. The eftx-xTr of this rfii mea- 
 '* fure has been fudnenly and feveseety felt ; aimoil a toiail -fhig- 
 " nation in trade and commerce, the Revenue -decreafiijg -in the 
 " moft alarming manner,, all .private ,cre<!it :<krh'oyed :" the 
 neighbor;! hood of Edinburgh will witnefe that .: look at Paifiey, 
 look at Glafgow, ar.cl their Banks, even which will all con- 
 vince you that there is truth in this ailertion ;." no one dare tritft 
 tl his neighbour, bankruptcies innumerable, the induftrious 
 *' po.or thrown out of employment." Do we not fee that even 
 in Edinburgh, the r.oor are ready and willrng to w-ork if -they 
 could ,c ; et it; r Are they not the fame at Paliley ? are they not 
 flie fame at Glafgow : I have already infianced to you in Eng- 
 land ; Noiw;rh,">iHfTield, and Mandiefter, where the poor are 
 out of number ; Vut here is an addition, " provj{ions, atxl even 
 l( hay, lent out of the kingdom, to fupply the German armies," 
 not to fupply our own troops, but forlooth, we*nvufl: take other 
 troop-; into pay, w hile our poor are ftarvinjj at home in confe- 
 Cjuence of it, lf which keeps up tlie price of meat to a height 
 " never remembered at this feafon of the year ; coals, candles, 
 " foap, fngar, pud many other articles in common ufe, are raii- 
 " ed or kept up, in confequence of the war." 
 
 Here is an article to which I would turn your attention, th 
 article of coals, the City of London yearly, confwnes about 
 forty-thoufand chaldron of coals ; every chaldron of coals 
 pays one fliillinj;, to whom ? To a man who did not think pro- 
 per, when cited by the laws of his Country, to appear before 
 you ; and pay.s it to him, why ? Bccanfe he is the delcendant of 
 a natural fon of Charles II. If he had been a poor man, and it 
 had ufcu uecel.'ary to keep up an appearance of refpecfiability in 
 his Ration,; tieie would have been feme excuie; but he has 
 another finecme which amounts to more than he fpends ; this is 
 one of the ab''fes of a corrupt Parliament. Our money fhipped 
 oil' to pay the troops, and iiipply the beggarly German Princes 
 oil the Continent. Tlie parochial taxes prodigioufly increaied. 
 by the name.ous poor thrown out of employment, cr borne 
 
 down 
 
down by the heavy load of taxes Mr. Pitt has thrown upon them j 
 and threatened, n ot wit liftan ding all that is faid ro the contrary, 
 with the ruin of another American war. In fuch a ftate, is it 
 poflible to expert thar the public can bear to double the preferit 
 National Debt and Taxes, without burftitig Mr. Pitt's bubble, 
 formed for plundering the poor to add to the rich. This man 
 jpeaks very plain EngHfh, and lam forry to fay. he fpeaks as 
 truly, as he does plainly ; it has been a decided plan with thofe 
 in power, to plunder the poor to give to the rich ; and will con- 
 tinue fo, while nfelefs places, while ufelefs penfions, are fuffeied 
 to exift, while a Lord Juflice General of Scotland, who never 
 attends liis place, though jultice is the moft facred duty a man 
 cim acquit bimfelf of ; the duty of a Judge is the moft facred 
 duty that a man can undertake, fince it is the reprefentive of 
 God hinifelf : that lie fliould accept of 2000! . a year and never 
 attend in his place, to diftribute that jjulHce for which he is fo 
 amply paid ; that is another proof of linecure places, and a 
 proof tlr.it we want a Reform in Parliament ; yon have now been 
 a hundred years, except oneinftance, without the appearance of 
 a Lord Juftice General ; 200,000!. therefore has been' carried 
 out of Scotland and fpent in England ; therefore you annually 
 lofe 2000!, for which you derive no advantage whatever. 
 ** The criiis draws near, when every inferior confideratiori muft 
 " ^ive way for public good, and Mr. Fox's open and manly abi- 
 " lities muft be called forth, to form an honeft, jnft, permanent, 
 " and upright Miniftry, to fave the King and People from one 
 t( common ruin." 
 
 I did not read this to yon, Gentlemen, with n view to trumpet 
 tip Mr. Fox: no man can have a greater refpecft for his abilities 
 than I have, but I am far fromjthinking that no man in the king- 
 dom can fave ns but him ; I would not make any man a God j 
 Jet us not truft them ; let us not give them implicit faith ; let us 
 trnii to none of our rulers ; let us mill only to our Laws ; and 
 xvhile we give implicit faith to them, and fee that our rulers act 
 according to thofe laws, we fliail be happy : the moment we do 
 otherwise, v?e (hall be flaves. <l Apoitates have railed falfe 
 * f alarms of treafon, fedition, rebellion, and every thing that 
 " can roufe up a generous People, to revenge the infnlts sind in- 
 " juries heaped upon them ; but the People arc loyal, love their 
 " King, refpect mild laws, and bear an utter hatred to all who 
 " attempt to ir f ipofe upon them, by apoftacy, fraud, or treach- 
 <t ery, and are f.vorn enemies to all forts of perfections." 
 Would not you think that the writer of this letter had fome of 
 the perfections which have lately taken place, in his eye ? You 
 will fee then, Gentlemen, that it is not merely in Scotland alone 
 -^-that the People in Scotland are not the only People who fee 
 their true interefts ; thar the People of England, likewife, begin 
 todifcern that they areimpofed upon, that thofe who are in of- 
 fice deceive them : open your eyes, therefore, Gentlemen, and 
 
 be 
 
be not deceived. ; Jet not the words cf office, let not the high 
 ibuiuiing language of a Crown Lawyer trepan you imo a per- 
 jury, for if you fuller yourfclves to be deceived, though riot a 
 wilful perjury, it itill remains a perjury, i:i.*ds you give a ver- 
 dict arooming to the dictates of your own conference , and the 
 diift&es of that confcience cannot take place, till you have made 
 a fair and candid examination of the matter before you. 
 
 His polr.ci ipt fays, " Two hundred and feventy Million is a 
 " fain the hunuiii mind can hardly form an idea of: to give 
 " fo;ie ailiiiance in forming a notion of it, were it to be laid 
 " down in guineas in a line, it would extend 4300 miles : if in 
 " (hillings, it would extend three and a half rimes round the 
 if globe ; and if paid in Iblicl lilver, would require more than 
 " 60,000 hories ro draw it, at the rate of 1,500 weight to a 
 '* horfe ;" and yet the good people of this country arc, by their 
 labours, to pay off the imereft of this debt, and are with the af- 
 jiftanee of Htt's calculations, to payofFthe capital alfo. The 
 number of inhabitants of Great Britain has been initiated, as wdl 
 as many other things, by the public pro fee ui or; he has Rated 
 them to be ten millions ; they perhaps, do not go much beyond 
 ft; ven millions ; l.ut we will fay eight millions, and among them 
 you cannot fay there are more than two million of men : and, 
 therefore two million of people are to pay the intereft of this 
 debt, which, if laid out in guineas, hi aline, would extend 
 upwards of 4,~oo miles. Good God ! when fliall we get to 
 end of fuch a journey ; and yet we are daily encrealing in it by 
 a war ; and, what is the coufeqnence of that war ? not only ex- 
 penccs abroad, but it encreafes falaries and petitions : we bought 
 Toulon with gold ; we left it for nothing : it is true, we adopied 
 ttjiain the French meaitires ; we named Cominiffioners :, one 
 lommiiiioner fee our, with a fervice of plate, to do honour to 
 the name of an Englithman, which coft 8,ocol. and yet there are 
 S*cco Spiialficiils weavers in a {fate of actual ftarvation j and 
 yet, to one man, is prefenred a fervice of plate, of that immenfe 
 value, previous to his going as Commirlioner to Toulon: he 
 conies back again, and is now out of oilice, but has retired upon 
 iia'if-pay : ibis is the way the public money is fquandered ; this 
 is the way the public money will be iquandered till we obtain a 
 IVeform in Parliament ; therefore, no man, not the public pro- 
 fee til or hiailclf, can love the Conftitution better than I do ; but 
 io man can deteft theabuies that are en^rafied on that conftito- 
 tion moie than 1 do ; for, I have feen fo much mifcry, in the 
 coiirie of my rours through Great Britain, which is the garden 
 of Kurope, where ihere is not a man, who would exert his in- 
 cUiitry, but might earn a comfortable livelihood, if our Conftitu- 
 tion \v:is returned to that point at which it was fettled at the Re- 
 volution ; but it i> all done away ; I will give you proof that it 
 Is done avay ; a;id I have taken care to give you that proof, or, 
 .. Icaii, iiutt cacli of you axay Le farmmed with acopy of it, when 
 
( '22 ) 
 
 you retire to -debase npon the matter that is brought before yon : 
 it is in a fpeech of Mr. Wharton's, in the Koufe of Commons : I 
 will read it to yon ; and 1 am lorry, that the public proiecutor 
 has retired ; i woukl have atun kc 1 1,5m perfonally ; he was a 
 Member of the Senate ; and, I believe, he was there at the time 
 he bore, he fuffered this worthy man, an hone it Member in the 
 prefent Entifh I Ion fe of Commons ; he fuiieied him to aflert, 
 that every part of our Conltitntion was dons away ; he did not 
 rife to contradict him ; though here vociferous to the mmoit, 
 there he was iilent ; 1 am feciitious in feeking a Reform ; bur, 
 when a man tells them, every iota of the Coiiitittuion is done , 
 away, the whole he could do, was to vote ftlcmly agaiufi: him ; 
 and the motion was lo(t, becaufe the majority did not think pro- 
 per to ftitke their future fortune, reputation, or property, upon 
 the revifal of the Conititution. May a friend be permuted to 
 read it for me ? 
 
 Lord Jufticc Cl'jrk. No, you mun read it youi fclf. 
 ;s/'r. rt'Lirgarot. Gemlemen, you are e.ntrulied now by your 
 country, to give a verdict, to examine fenoufly the caufe that i 
 now before you. I have already toicl you, I am a wjlling and a 
 devoted victim ; I will give you a proof of it ; and you ihall have 
 that proof home with you, in a letter, that I wrote to Duntias, a 
 twelvemonth ap,o, when profecutions were hanging over the 
 heads of the people: I .offered rayfclf for proiecujtion ; I delired 
 him to fpare them, and let his vengeance tall i?pon me : I eitapt-d 
 it in London ; I hope I (hall not find it in Scotland ; I hope ihe 
 honefty of any Jury will prevent is having t'ne effect it was 
 ineaiit to have. This is the fp^ecli of Mr. Wharlon, in the Houfc 
 ori->,>OT!nons. Mr. Wharlon role to make his propofed motion. 
 ".We heard," he (aid, t<r on every fide, of the glorious Revo- 
 " lotion, in 166?, arid of the Conftitiuion, as feit)c:d at tlie glo- 
 <( rio^s Revolution ; it was a note which he had always hilenctl 
 " to with pleafure, and he repeated it hrmfelf yvitji rapture. But, 
 <( whtit was the. raiioi^dl foundation of our fatisfadtion, at the 
 ** recolleclioj^ of the glorious Revolution ? Ic a'larecSly v/as not 
 <l that the poilcilion of the throne, and the regular hereditary 
 *' f fucceffion to it, were, at that time dilturbed and inrerrur,:*-<i. 
 <v It was not that we expelled c/v^kinji, and one family, and 
 " f appointed cuoiher king, and .anuibtr family, in their room. 
 " Tlie necefjity of fuch changes was, at all times, to be d.plorjd ; 
 ( < and, the events, themfelves, could only be juilified by ti?c.c?- 
 <: cspfy. The only rational foundation of our approbation of 
 * that Revolution, ;;.,'.? be, at that time, fuch principles were 
 <c confirmed, and inch wife and whblefome p, -oviHons nvade for 
 <k our conilitutional fecnrity and happinefs, ::s uiioht prevent all 
 " future neceili:y fora fhv-'ar Kevolurion. \VhoVverapproved 
 <i of thar Revolution, declared, at the fame tiirie, thai the. con- 
 f< frituttonal p- cvihuns then obtained, \\ ere wife and w.holr fonts 
 " provilious; that they were wir\ objocii cf a national it- u ^~ 
 
 " glej 
 
" gle ; that they not only jitjllfsd refinance, bat made it wfr:to* 
 " r.iotj-s." And yet, this is one of -the articles of crimination a- 
 gainil me. Gentlemen, it is (aid that the Convention meant 
 to a fieri their rights: now, ailertion may be made in various 
 \vnvs; h may be made, vl et artws ; it maybe made by argu- 
 ment; byreafon; and, there is no direct proof, that we meant 
 to alien them by force of anus ; and, from our paucity, ic is moil 
 likely we mould do it by argument. He iliys, " they not orrly 
 " justified reiiftanre, but made it meritorious; and that they 
 " were chtxph purchafed, at the price of all the blood that was 
 " Mied upon the occafioiV, as well as the dethronement o a. guilty 
 " kine;, and the extirpation of his //;#/V/} family. But an ap- 
 " i>ro'i-a : -ion of that Revolution went it ill farther. It declared, 
 " that if, by any means, by force, or by fraud, by violence, or 
 " by corruption." Jurymen, I requeft your utmoft attention to 
 this; it is of the createit confeqnence. t( But an approbation 
 <* of that Revolution (16^8), went (till farther. It deckued, 
 ** that if, by any means, l>y force, or by fraud, by violence, or 
 tl by corruption, if tht'fe vvhoifrfb:ne and necefliir}' coniliriitioTial 
 " proviiioiis fhould, by any means, be taken away., or fruitrated, 
 " the fame ol|e<fls would a^aiu juitify the lame national flrug- 
 " gle ; a i ul, the fatue extj entities, unlcls they could be recov- 
 ts e:eJ, an<i, re -obiained by more gentle, more peaceful, ,and, ' 
 " clierefore, more happy means.'* We at prefcnt feel, that 
 fiKce or fVfind, violer.ce and corruption, have taken away many 
 of our privileges: we wilh to regain them ; not by force, but by 
 thoie more peaceful, and, therefore, more haj>pv lueans, which 
 is a peacev.ble and ratiour.l applicavion to the 7 Ain<?;, or to the 
 Parliament, hy an allcrtion of our tights, made in fi.K-h u'rrfpec- 
 tAhle manner, that they flvAll nor be refnfcd ; for, it is ixilo t^ 
 tr.ik of the omnipotence of i'a lianient ; tlie fervant can never be 
 greater than its mafter ; the three Filates together, are not equal 
 in value to the whole uarion : without them, the nation could be- 
 a nation ; but, without the nation they would become poor indi- 
 vi.ii.Mils. He aflertccl (and faid he riiked nothing hy the aflertion, 
 " for no man conld be hardy enough to deny it, and, he pledged 
 " himfclf to prove ir in a Committee of the Iloufo), that alt t!:a 
 *' was valuable to the people of this country, all the provifions 
 " which were ilipul-.ited to ftcure the peace and profpeiity, the 
 <4 individual liberty, and the general property of the people of 
 " this hind, had, all been, fince the Revolution, taken away 
 /I!'." 
 
 lie p.iTvts, in the Hoi:(e of Commons, mid pledges hmifelf to 
 provr. that all the- leciiriiy of the ftil\je<5t, Jill the privileges of 
 the I'ubjfOt, in the CoufLif.Jtion, v.liu-h is trumpeted upby venal 
 hircn.HiS, liiHiheen taken away, and he pledges hirnielf to prove 
 aii this ; nnd, to this, nor a (ingle man e ? -.iniwer. 
 
 [e siiuit eniren't the attenvion of the Honfe,. ibr a few mo- 
 " ments, whiltt lie very britfly brought back to thtir recollec- 
 
 lion, 
 
( "4 ) 
 
 " tion, what this country eftablimed by the Revolution. Firfr, 
 " To avoid all future miltakes ; and, that the contract between 
 ' Prince and People might be clearly mulerftood, the llevolu- 
 11 tionifts began by altering the o=uhs of the contracting pan ies." 
 Here again I will interrupt myfclf, to (hew you that the K'^.^ 
 holds his Crown, not by a divine rijht, but by a contract between 
 him and the people, which implies :i miitupJ binding ; antl, 
 
 mould either of the contracfting parties fail, it will become 
 Men in bufinefs, you mud know it ; ;;ucl. from bufincfs to poli- 
 tics, is a very cafy tranfitior. ; the piiucipl'j is the fame. 4t They 
 *' altered the Coronation oaih for all future Sox ereigns in this 
 (t realm ; and they altered the oath ot allegiance fortneiiilelves, 
 <c and for all future fubjecls. They cur up, by the roors, tb 
 <( damnable doctrine of pafHve obedience and n on -refinance :'* 
 drK'tnnes feduloufly endeavoured to be inculcated into you to- 
 night; that non-refirLaiice and pailive obedience, though couch- 
 ed in other words, were the duty of the fubject. I la) it "is no fncii 
 thing ; and here is an honed man declaring this in Parliament, 
 and nobocly'defiring to confute him. He fays, " they cut up. I y 
 " the roors, the damnable doclrine of pafilvc r^i'dievcs and //<?;;- 
 ff refifl.ince, by emphatically fpecifying nnd ordaining the tbllow- 
 1 ing words of their former oath, i William and Mnrv, ch. ^ri. 
 " I declare, that it is not lawful, upon any pretence whatever, 
 ** to take up arms arra5r.it the Kir, g, &c. &c. flioulcl not, from 
 <( thencefonh, be required or enjoined." Therefo- e, you ice, 
 Gentlemen, that it is no longer required of the fVibjcct to take 
 an oath; that he will not, in any circumftance wi-aievcr, take 
 up arms againte the Kinp becaufe, as this King comes to, the 
 throne, not by divine ri^ht, but by a cotrac't Between the King 
 and the people, it w r as thought, if he neglected his contracT on 
 the one part, the people were not bound by that contract on the 
 other ; and, he hereby eflablimes the doiflrine bf/remtance to 
 oppreffion :* in fad, (elf-prcfervatJon is the firfv law <>f n-^uire 
 with an individual ; and, what is the cafe with nn 'individ -p 1 is 
 much more fo with a fociety. te It was not fo uuuh ro 'n'ie\e 
 " the confcience of the fubjecls, that thefe words of tl^cir Mr- 
 <( mer oarhwerefelecfted, recited, and abolished ; for no cnth of 
 " flavery ever did, or ever will, or ever ought to binr a r-^ion, 
 f< or an individual; it was fon.ething worfetr.ar, prtjurv, or 
 <e facrilege, ro keep an oath of flavery." Here is the irue f]>irit 
 of freedom, breaihing in thefe words: it was foineih'r^g \ ?-.'vfs 
 than perjury, or facrilege, to keep an oath of finery. No ; r!-m 
 was not born ro flavery. " Tlr!s alteration wan nuuie to p -?\ ent 
 " the future Sovereigns of this country from l-civ.- nvjlc !. as 
 the four preceding Sovereigns had been, to trvH: i^ a P-i-v 
 
 fuperltition about Royalty, which though mryVt i erjfons for 
 their interefts have profeilcd, no man of coi>Si ever 
 
 entertained." Many of thefe doolnnr- arc p;o!V' : i I r. this 
 
 nrts 
 
( '25 ) 
 
 feel; but while blinding the eyes of the Public, they are the 
 moil confcientious men living. " Their next care was to pro- 
 " vide for the due adminiitration of the Executive Pov c;- ; . ami 
 " the refponfibility of its confidential advifers. They therefore 
 " enacted, I2th William III. chap. ii. that all matters and 
 <c things relating to the well-governing of this kingdom which 
 " are cognizable in the Privy Council, by the Laws and Cu.' 
 " of this Realm, flail be traiifatfed thcrs, and all Refoiiui;. - 
 " taken thereupon flt-H be figned by fucli of the Privy Council :*.* 
 il fliall advife and confent to the fame." Meie you ice, Gende- 
 in en, that the goven nient of a large country, like Great. Bri- 
 tain, is of fo public a nature as not to admit of ft e>eu ; it is of 
 fucli a nature that a refpoufibility mufi be afi:xcd feme \viiere, 
 and therefore thofe peifons who adopted meafuies jn ihePiivy 
 Council were to fign the fame, in order that the public mighr 
 know where the blau e or the praife lay; this h;:s been done 
 away, and you have heard to-r-ight, when a qneliior. was put 
 relative to orders, thcfe orders were deemed proper to be kepi; 
 a fecret ; thus we imitate the practices of thofe in higher fic- 
 tions, and inferiors will naturally catch at the defects Jooner 
 than at the beauties of their mailers' behaviour. " Thcrebv 
 * guarding, as far ;>s Laws could guard, again!!: that accurfifi? 
 " engine of defpot frn, a Cabinet Council" which the paper I 
 juftnow read, ca;ls a Secret Junto, " or that more accuric-.' 
 " flrument, an Initrior Cabinet,'' from which we have not 
 been free for 25 years. 
 
 " Their attention was next tlirecled to the dc,!:r/.j reprelenia- 
 " tioTi of the People, the only po^ible fecurity for all : 
 " other provifious.' 1 There is undoubtedly no provificn, no 
 fecurity, for the lil erty, for the property of the Si^bjea, if 1 it- 
 is not properly rq refented in Parliament : v;e are tec, nut; ..ev- 
 ens to m^-ke Lavs for ourfelves ; we mult therefore be rep\ a - 
 fented ; we muii fend Delegates or Comniifficners to a Parlia- 
 ment, where a c< nvenient number of them may njeet and t 
 act the bufinefs ot the Nation ; if that buiinef* is not done funh- 
 fully; if the men fent to do that buiinefs arc liable to be bou<\h 
 and fold, we mail in our turns pay both Purchaler and Pure; 
 " The Houle (f Commons and Juries.' 1 This is the do 
 jreprefentadon in England ; we were the or.ly Nation \vlio en- 
 joyed it. 
 
 A neighbouring Nation, though much run down, have IT 
 arrived at the pofTem'on of it. Juries coniift of twelve or fi' 
 iii! a, according to the country in which they -JCt. 1 hey a>. e 
 to fbind in fear of the Judge, or in fear of the K.irc, ; fo 
 :V,-L accoiding to their confdence, no Judoe dare fn^ 
 , to an IK reit Jury ; they have a doubl'e duty ; the fiiit T*-> 
 Go-:t, and the next to their country ; h oth of t 
 
 fbrrn*i moraj cuty, and arc or.e IIIKJ rhc ian^c thivig* f ur% : 
 arc aoiol ute ; \ hey have a right to afk (iiiciLons, ihe) ::a- 
 
, where the leafl doabi nangs over the mind, to enquire of* 
 the Panne); they hive a right to enquire of the Conniel, and 
 they have a right to call forth all the wifdorn-of the judges; 
 while in office they poifefs the mod unlimited power tiiat we 
 know pf in England. Ke fays, " Our Anceitors pafied over im- 
 " touched, and left them as they found them the Nobility and 
 " the Church; they were confidering the Iblid and iubftantial 
 * f parts of the Conitimtional Edifice, and did not much concern 
 " them lelves about the gilding and the varuilb. They there 
 *' fore proceeded to eitablifh the pri:iciple of a fo'tr and free and 
 tf frequent election of the Representatives of the Commons in Par- 
 <f liament, as might be feen by a reference to the acts paffed in the 
 " firft and fecond and third years of William and Mary." You 
 fee here, a tei m which at firlt appears to be a kind of fneer or 
 joke, but it is founded in truth, and leads you to a much deeper 
 leflection. He fays, " Our Anceitors did not much concern 
 * themfeives about the Gilding and the Varmfh," meaning the 
 Nobility and the Church ; and it is not merely a jeer or a play- 
 ingupon words, but arifes from the principle already laid down, 
 that the Nation, and the Nation alone, is the principal part : ic 
 is the People that are of confequence, and nothing but the Peo- 
 ple, '' And having thus, as they imagined, provided for the 
 " real election of the Re pre fen tutive body in Parliament, they 
 " fecured the independence and integrity of that body after 
 '* its election, by enaciing, that no Perfon who has an office or 
 t( place of profit under the King, or receives a per.fion from the 
 * Crown, iliall be capable of ferving as a Member of the Kouil- of 
 *' Commons." Now, if this took place with regard to the Na- 
 tional Aflembly, where Laws are only made ; undoubtedly a fi- 
 inilar reilric'tion was underftood to be in full force in that Af- 
 fembly, where the Laws are carried into execution, I mean in 
 Juries ; for if men enjoying places of profit under the Crown are 
 deemed incapable of making Laws, they mould by a much 
 itronger reafon be deemed incapable of carrying them into exe- 
 cution, efpecially when there is no appeal from their Verdict; 
 or at leaft, an appeal attended with fuch difficulties and fuch ex- 
 pence, as to put it out of the power of nine tenths of thofe who 
 are tried to make uie of the remedy. ** Having thus fecured the 
 " purity and independence of the people's reprefcnvativts in 
 tf Parliament, they proceeded to the other important branch oj 
 <l their reprefentation by Jury, and they decreed thai; Juries 
 *' mould be fairly taken without partiality, and iliov.ld ^c^t free- 
 < f ly witliout influence." Obferve the .t. -Gentlemen ; I don't im- 
 pute it to the cafe of to-day, but when 1 fay it is poliible to pick 
 a Jury, 1 can fliew my authority, when it has been aliened in 
 the lloufe of Commons, 'and has not been denied. '* ,Thry alfo 
 tf decreed, that exs.-yhs bail iliould not be required, that excef- 
 <( five lines Ihould not be impaled, and that 7/A-;^'/ and cruel 
 " paflifhrnents ihould not be inriictcd ; and to fecui e tliefe ob- 
 
jects, they ordained that thenceforward the Judges commif. 
 " iionsihouldbe made quamdnife bens gejfirint ; and that their 
 " falaries mould be a (cei rained andeflablifoed, in order to make 
 " the Judges independent of the Crown." Theduty ofa Judge is, 
 not to influence you, not to fay any thing tha? has the leaft ten- 
 dency to influence you ; he is to explain the Law in any difficult 
 point to you, but by no means to give you his opinion upon the 
 cafe ; he is merely to ftate the Law, and fay always, hypotheti- 
 cal ly, if the man is guilty of the offence, fuch and iuch pimifh- 
 jiient is due to it ; but h: is never to fay, let me beg of you to 
 'll'.y fo and fo ; it is illegal, it is the highefl pitch of wicked nefs in a 
 Judge fo to do. " Now, all theie provisions (the objects and 
 t( coikfequences of the glorious Revolution) would have no va- 
 '* lue, they would be nugatory and worthieis; they would be a 
 " mockery nnlefs they were effectually to obtain and feciire to 
 " the People of this Land thefe three important points. Fir ft ^ 
 <l An houeil. and refyonfijtle exercife of the Executive Authority. 
 " Secondly, # '^/independent and faithful Reprefentatives of the 
 " Commons in Parliament. Thirdly, A fair and impartial admi- 
 " nittration of Juitice in the Courts of Law. We who had 
 " no predilection for any family whatever (except as connected 
 " with thcfe objects) in the .words of our Anceftors at the time 
 " of the Revolution, did now again cir.bn, demand, and infift 9 upon. 
 ' all thofe as our undoubted Rights, \betrnt, uncisnt, and indubi- 
 " table rights raid liberties of this kingdom, lit William and 
 et Mary, chap ii. If then by various means it had happened, as 
 " he aliened, and undertook to prove (in a Committee of this 
 " Houfe,) that this provifiomil refponfibility of the Privy Council 
 " no longer remains ; that the election of the Houfe of Com- 
 <( mons is neither, fair t nor free,, nor frequent ; that this provifioii- 
 " al independence of its Members is gone, and that the Houfe, 
 " at prefcnt, fa. inns with Perfons having offices and places of 
 " profit under the King, and receiving penfions from the Crown ; 
 " that Juries are not fairly and impartially taken ; that they do 
 tl not act fVeely and without influence ; that exceflive bail may 
 <( be, and has been, required ; that exceffive fines may be, and 
 tc have been, impoied ; that illegal and cruel punifhmen is, may 
 " be, and have been, inflicted ; that the Judges are not indepen- 
 ** dent of the Crown ; that penfions may, and have been, con- 
 ** ferred, upon others, by which means it cannot be faid that 
 " their fhlaries are afcertained and ellablifljed. If theie fadta 
 " were fo, lie held it to be the duty of all thofe who, without 
 " hypoctily, praifed the Revolution." 
 
 JVloit men, perhaps all men, praife the Revolution, Imt they 
 do it with various intentions ; but he fpeak-s here only of thofe 
 who praife ir without hypocrify. He fays, " he held it to be the 
 ** duty of all thofe who, without hypocrify, praifed the Revolu- 
 t( tion, to endeavour to return us again to onr cotiiHtutional 
 " iituation at that pciiod, and to recover thofe lod or neglected 
 
 " provifions, 
 
( 128 ) 
 
 i", thit P> we might effectually fecure to ourfelves arc! 
 ' f ro oH" pofteriry, what our Anceftors endeavoured at ibe Re- 
 c< volution u> G.'-ure t^ rhemfelves an/1 to us." 1 hope drat liti- 
 lle p.-.rTi^e will he faflicient to do away all the criminality of the 
 wort *'/>/, i'i tivvlndirit'.nenr.. It may be done in two way, 
 byf>rce, o 1 * by argument ; in either cafe, it would be juftifiert 
 by r^r prcfe-i* glr>ri0H<5 C .'ouflftution, taken not ironically; not 
 5n'i -lioaity, ;^ : t is tal;en by fonip, b it literally, according ro the 
 truth. Our Morions co:iliitutioii permits us to afltrt our rights, 
 ami even jwinits nsro relift oppreiiio'i: however, from the ten- 
 or of t'ie prnreedinfrs of the Convention, you vviil fee that arms 
 \vere the hiii thins'} we flionld have t.mnght of;- oeinjv little in- 
 t*red ro ;.ivn. an'i h^ini; a fm-ill n;i r nber to the l>ulk of the na- 
 tion., I menn the afl'jciated men, vv u> have feiit their Delegates 
 T'.I th? Brilid?. Convention ; and fro;n \vliat has hapi>ened to-day, 
 you will let tint the public mind is putting for Reform ; end I 
 hops, Genrleinsn, if your couute canoes deceive :e not, that 
 *txi all, 0-- the orreater part of you, wifh for Refomv ; an amend- 
 ment cnn he attended with no ill conlecj'iences. Mr. Whartou 
 ronclnaecl witli moving, " That a Commiiiee be appointed to 
 f< enquire wViether Jiny, and which of the provisions made by 
 et Parliament in the rei^u of William and Mary, and in the 
 " reiv^n of William III. for fecuring tlie refponfible exercife of 
 ii the K<-7curive authority ; for fecuring a real, independent, 
 tf and fnirhful reprefentation 0f the Commons in P.hrlimnent ; 
 *- and for fc-cnring a lair and impartial adminilb ation of jnftice 
 * e in the Courts of Law, whether .my, and which, of thefe have 
 " by any nvjans been invalidated o- taken away; and to conli- 
 " cler whether any, and which, o'-'thofe loft or invalidated pro- 
 " vifions may he fit to he re-enact? ! and rellored, in order that 
 li the people of this land may recovr flat finmion and iecuvity 
 " in whtch they were placed by the glorious Revolution in 
 " 1688." This "motion, 1 have air ,-ady told you, was loft, and 
 3t was loft bv a tnnjority of 71 lilent men, a^ainft n honeft men 
 \vho fnpported ir ; but the 71 did not utter a linti's fyllable, 
 t u)imh I flnn'y believe the Lord A/ivocate v.-ns in the Houfe at 
 rh? timer ifhewnsnot. tliere, his matter, his father, his uncle 
 were there ; and nor a word WF.-, fj.1.1 ; They put it ro the file-lit 
 "orr, rvv. 1 numbers carried it, which fhews you what chance we 
 
 have of obtain^:*, by an humble fa'vmllive peritio:; to the Konfe 
 of Common^, any redrefs ; it fhev/i yon, that if we \v-*at to ob- 
 i:irti reared, we had much better i>; ro the fountain of redrefs, 
 rrjd apply. -In the firC'c inirauce, to the Kinn, : bnt that is a thing 
 <-hnt i* matter of opinion ; ho\vec:r, it rccuires conlicieration ; 
 :-nd when the matter of reform come:, ro be more public, which 
 I hope it will, it will then h^ar a nple difcufilon. 
 
 Gentlemen, f believe, ii the fo' i!;er part of my f!e- 
 
 fence, mentioned to VOM, thart-s UiNrocate not being able 
 
 to lV.bila:jtiate his chargos agaiiiil me upon written evidence, 
 
 was 
 
was force:} to draw in a more powerful aid ; namely, a blank, 
 as a proof of criminality ; he has laid great ftrefs upon it ; he 
 has. turned about in it like a horfe in a mill, and chough he went 
 back from u once or twice in the conrfe of his fpeech, he was 
 iure to return to it again. He has likewife fought to attach a 
 great decree of ci iminaiity to the words Convention of Kiner- 
 gency, which is a fimple Euglifh word, iignifies a cafe of great 
 moment, a cafe that requires fpeed, that requires immediate at- 
 tention, that requires all the exertions we can poffibly beftow 
 upon it ; therefore (trip it of the epithets, fediiious, malicious, 
 felonious, and all thcfe high founding words, and you find no- 
 thing in. it unjuvHfhble whatever. He has alfb fought to crimi- 
 nate me, with charging that my friend Browne gave a hiftory 
 of the Habeas Corpus Act ; arid he has wiflied to attach, more 
 than (edition, a kind of treafon, to the bare mention in the Con- 
 vention of the wrongous itnprifonment Acl ; furely, if fuch an 
 Ai't exifts, it is competent to every fubjecl of the realm to fee 
 that it is fecured to them ; that ic was (as I prefnme all Acts are) 
 made for the benefit of the Public, and therefore it is natural 
 that men mould be anxious that thofe benefits fhould be retained 
 to them ; yet it fhonld feem tlm the bare mention of fuch a. 
 thing is Treafon in Scotland. It galls thofe in power, to think 
 that they have got a power above them ; that they are not en- 
 tirely above control ; but 1 have already faid that there is not 
 a man in the kingdom above control ; even the King holds his 
 Crown by a contract, and therefore is not above control ; he is 
 not above the Laws ; he is not, indeed, refponfible ; the fiction 
 of law fays, he can do no wrong, becaufe his contract holds no 
 longer ch-tn he abides by the Conflitntioii of the kingdom ; the 
 moment he would attempr, as a James, or a Charles I. to break 
 the contract between him and the People, the moment he had 
 broken that contract, he would then no longer be unaccountable 
 to the People. On the contrary, it is moll likely, the People 
 would call him to an account, as they have done in other cafes 
 before, when they have ventured to ride paramount over the 
 ) /i ws. The Laws are made for the weal of the Nation, and are 
 of more importance than 'any individual, in whatever rank foci- 
 ety may have placed him ; they are of more importance than 
 a.iy individual, for without Laws there is no Society ; and with- 
 out any individual whatever, the Society may itill remain a 
 Society. 
 
 Gentlemen, I will come now to the mere points of the Indict- 
 ment; for rhe fpeech of the Public Profecutor has wandered 
 greatly from the mere facts fhitecl in the Indictment : however, 
 I WHS obliged to follow him, inafmtich as he did me the honour 
 on Monday laft, of trying me before another Jury ; for it was 
 me more irhan Skirving that he tried ; it was me he had con 
 ti'i luliy in his mouth ; and, to me, that a trreat part of his fpeech 
 then applied. HJ taxes us with holding delulive Republican 
 
 H prin 
 
principles, and he builds Discrimination upon our having adopt- 
 ed certain words, which he feems to think were never in ufe in 
 England, bei ore the Revolution took place in Fiance; lie is 
 however much miilaken, ibr there is nor a fchollboy but can tell 
 him that ft ft tin nas as much in vo^ue, and made uie of, in liig- 
 la;id 20 years hick, as it is now ; there is not a Writ for the re 
 tarn of a Member of Parliament, hue has the v. ord Ciiizen in.it : 
 the word Citizen is in all the Students cards ; and even the Pin- 
 lii?.ker& of London, arc obliged to have- the word Citizen in their 
 car. is; therefore it is riot an adoption oi any thir;^ new: as to 
 regulations and order;, if they are founded upon French princi- 
 for God'o fake, gi v - me French principles; and that we 
 \vere regularly and orderly, I will take the liberty to -prove to 
 you. By the ite filiations that I \\ill read to you, you v> ill fee 
 that we were far from having any {editions or diforderly princi- 
 plesaboat m, but tliau v/e were organizing ourft-lves into the molt 
 regular body in the world, and, 1 believe, even Freemafons them- 
 lei ves, who have regulations and feelers, and, I believe, Ibineof 
 their coimmttees ai e pretty fecret ; meet lo^et her, and therefore 
 are guilty of ail the crimes I am cUarged with; and I don't 
 know that there is fo much regularity eveii in their proceedings, 
 iis there \va: s in our's. i( Tlie Convention fh^ll henceforih be 
 <' called. The Britifli Convention of the Delegates of the Feo- 
 c< pie, allociaccd to obraiu Univerlal Suffrage and Annual Par- 
 <' liaineius. The Delegates of this Convention fhali be elected 
 l < aiintniliy, o\\ the of 
 
 <l and fii.iil meet where the Secretary and intermediate comr.iit- 
 {{ tee fliall think moil advifeable for the general intereil." YOU 
 fee it is for the good of the generality; not for the good of one 
 de'Ci'ipticn of men ; not for the good of the oppofiiion, who a"e 
 endeavouring to ouft t'-ie Miniftry in hopes of getting iiito their 
 plac-es. No, lee us ouifc the abufes, and reftore theConiHtutioii 
 jo- the ft ate in which k was in i683. " The Secretary, and In-- 
 terrnedia^eCoinrnittee, may, at any time, call a Convention of 
 
 i.er 
 
 by fhow of hands." Ilcie we call him a 
 Prelident ; that is not a French word ; 1 fancy that is a word that 
 has been used in England for thefe 50 years back, and I cannot 
 attach any degree ot criminality to it, .becaufe we did nor. put it 
 in the power of a man, to fay he was fent by a certain number of 
 people, unlefs he was intruded with the confidence of thofe 
 men, for the purpofe of a Parliamentary Rcfbvni, as I \\ill fliew, 
 you by the infi ructions that I brought from London, which I 
 have in niy pocket, and which eflv.ped the In^uiiluoa. " Tle 
 " Conveniioa, afcer ele^nig a President by fhow oi lu.ruis, fhail 
 " proceeil to the verification of powers, and theti to i^e diviiiou 
 t( of the Convention into Sections, in fuch manner as fhpll here- 
 < after be pi-uvidsu.'* Keie follows the head of Office Bearers. 
 
 tha 
 
f '3' ) 
 
 The public profecutor told you he could not tell whnt ttsi's Pref?s 
 meant; this will explain it. " There (hall be a Preiiclent of 
 " Prefes, three AfEitants, a Secretary, a Treasurer, and Door- 
 <{ keepers. The three Af!>i'tants ami the Secretary ih hi term a 
 " Council, to be denominated the Council of the Table. T.hs 
 " ofHce or the Prefes .is to maintain order, to take the fenfe of 
 " the Convention on all queilions to be determined rhcr.: ; n, ?.nd 
 '* to declare OH which fide the qucfrion is carried, to call on the 
 " Committees for reports, c. and to iijrn all Public Ads." You 
 fee there is nothing fed incus in the ofnce of PrcJes ; unfortu- 
 nately that night there was no Public Aift palled ; I kept order, 
 or endeavoured to do it, as -well as I could. I rook the tenit < f 
 the Convention, and declared on which fide the (tjueltioirs \tere 
 carried : an explanation of that you \vill fee by end l-,y.?, nudcr 
 a feparate head. " Tlie otTice of he Council ot" the table, is to 
 " keep order in the biijirwji of the Convention, as particularly 
 " fpecifie-:! under the head Council. The o^fiice of the Secretary 
 <i i> to rake charoe of all writings and papers belonging to the 
 *' Convention ; to ifibe fuwmonfes, write and <lifpa;ch letters, 
 tl &c. &c. according to the orders of the Convention, and the 
 " rcqueft of any Committee, during the time of their littino;; 
 " and fnall have accefs, on all occafions, to ev-vy Coininiti<e 
 <4 ' during its fitting." This was made a crime in Skirving, when 
 y.v.i Jee it was thennty of his office, to attend as many commit* 
 tee^ as he could (are time for. " The cilice of Trenf 
 
 (pare time for. " The cilice of Trenfurer fliall 
 " he to receive and pay all monies fubject to the rep;ulatious-to 
 " be at any time adopte'd by the Convention or Cotnmitiee of 
 " VinriMce. The ollire of Door-keepers, is to prevent the ad- 
 " midion of any perfbns not Members, except by fpecKil leave ot" 
 " the Council of tlie Table." This \%as to p. event imp oper 
 company ; I do not mean fpies, for on the tcntiir/y, when Uicy 
 v/ere known tiny were preferably adinitted liiou^h vith ttie 
 contempt they deierved, and which BO dial's i;i Society can de- 
 fer ve more thau tli^mitlves, unle'.s it be the men who einploy 
 them. Anrl now tblio'.v^ the head of Committees. " No Com- 
 l - mirtee jfliall be compofed o more than thirteen, or ieTs than 
 " three perfons ; and the number of each Committee i1i-.il! be 
 " decided by a {how of handsin tb.eCcnvriU:op.. Ail Couimmees 
 <l fiia-11 he chosen, unlel-> oihervvife ordered, at the time of tlieir 
 *' appointment; and they ihall be anthorizccl K;ii.siie LUC j;il:ft- 
 c< ;nu-e of inch Members of the Convention as they mav ih-'n-.k 
 benefici .1 :< the hi-finefs eiurufted ro ibeir change.. h\\ Cm- 
 '. mirree's fiiall be elected from the Leet of tue Sfcftions, nnkls 
 *'' fonnd viecedarv for iome hnmed;are purpofe, in which cafe 
 ' tiir-y fn.dl he appoint^ by-tb.e -Convention, one by one, by a 
 " H:o\v of hands; and tbey'lha;! lit and report jvrogrefs, clav by 
 <l clay, r.nci] their b.^'r.c's is couipie:c:l. The fi.it uteetiiip. of 
 ' eve i \ Commitree to 5^e fixed by tb.e Ci:uventipn ; eveiy i'ubie- 
 " queue {nt-e;ii'g according to their own atljouinaient." Mow 
 
 comes 
 
comes the head of Council of the Table. " There (hall be three 
 Afliftants, elected from a Leet given in by the Sections, one 
 " to be renewed, and the fenior to go out of office daily." Thole 
 \vlio had the greatelt number of voits were elected, and in con- 
 fequence of that, the Convention was likely to he belt ferved, 
 for they neither bought their electors nor fold them when they 
 had bought them. < The Secretary and AHiftants mall form 
 * the Council of the Table ; they mall prepare a itate of the bu- 
 " finefs, for each day (hall arrange the order in which the dif- 
 " fcrent fubjects mail be taken into confideration, which ar-. 
 " rangement mall be adhered to, unlefs the Convention ihould 
 <{ alter the fame by a vote ; they ihall permit a Member from 
 <( each Section to take copies of all motions, &c. to be fubmitted 
 " to the confideration of the Sections, and iliall ailift all Mem- 
 " bers who requeft their aid, in the wording of any motion they 
 ie may wifli to lay upon the table." This brings me back again, to a 
 motion that has been introduced againft me as written evidence, 
 and which Ward! aw was called to prove: he laid, and it \v;'S 
 not lefs lo the difyjrace of thofe who brought him forward, than 
 to the Friends of the People, of whom he was a member, that 
 lie came ia a iiate of inebriety : he faid he had written out that 
 motion ; it is a motion drawn up not by me, but by the Council 
 of the Table, and it h dated in the indictment. " To do this 
 ff your Committee fucrrrells a refolution to the following eiFeili, 
 " but which I (hall leave to be drawn up by the Council o*f the 
 f< Table." The fpii it of the motion was that which the Com- 
 mittee, of which I was the Reporter, had to report, and which 
 motion was to be drawn up by the Council of the Table. " The 
 <l Council mall have the power to interrupt any debate, -for the 
 <e purpofe of propoling to the Convention any other bafineis 
 <l which they may think more urgent ; but the Prelident mall 
 " take the fenfe of the Convention by a {how of hands, 
 " whether the debate fhall be interrupted or not." Mere you 
 fee this is the greater part of their duty, to judge of fnch mc- 
 tions as were laid before them ; if they 'were nugatory they were 
 to inform the perlbn who brought them of it ; if otherv. ile, 
 they were to enciorfe them on the back, they were to hand tiie 
 motion to the President, he was to read it lo the Convention, 
 and then the vote of the Convention was to determine whether 
 the bulinefs was of fufHcient confeqnence to depart from the ol- 
 der of the day. Then follows an article which gives great n-n- 
 bratre to thofe who are frightened at every thing that looks like 
 French: It is the head of Sections: we had the name of divi- 
 fions, and of clafTes ; but, no name which was agreed to by every 
 body at lair. ; Section was agreed to by a great majority ; and we 
 thought, no more of the French Convention at that time, than 
 \ve did of our new ally the Grand Turk. 
 
 To explain to you then what is meant by Sections, and the 
 caufe of adopting that word, which was more from accident 
 
 than 
 
( '33 ) 
 
 thtin any tiring elfe, it goes on. " All the members of the Con- 
 " vention fliail be divided by lot, into Sections of 15 perfons 
 " each." And why divided into Sections of 15 perfons each? 
 It was not with a view to overturn the government; it was not 
 with a view of being {editions, or riotous, or any thing of the 
 like, but with a view oi their meeting, as we had many country 
 Delegates who had much leifure on their hands, for the purpofe 
 of giving them ufcful employments : in the morning they ufed 
 to mee'L and difcufs the news of the cloy, and little political to- 
 pics, and thereby came better prepared in the evening ; and in 
 the conrfe of one week we already found a great difference in 
 thei" political information ; they had already learned to conned 
 their ideas, and form a more accurate judgment of the buiiuefs 
 they were about. They were alfo to pick out the men who were 
 mo(t proper for the i;omination of Prefident for the next m^hr, 
 or for the Committees. Thefe were the felonious and feditious 
 employments of the Sections in the morning. tf The Members 
 " who may not he able to attend at the firlt divifion into Sec- 
 tc tions, iliall be divided by lot among the Sections formed ; 
 ".but, if any Section ihall have two more than its proper num- 
 fi her, i}<> new Member fliail. draw for that Section until the nuni- 
 " bers are again equal. Every Section ihall be fnrniflied with a 
 " complete printed lift of the Convention, containing the name, 
 " furnttme, and the fociety, which each individual reprefems." 
 And you lee, Gentlemen, here is great regularity ; and where 
 men fe fuch regularity, they cannot be called a riotous tumul- 
 tuous aUembly.-" The Sections fliail he renewed on every Mon- 
 4< dny during; the fitting ef Convention." Now, I maintain, 
 that there is no principle in our Britifh Conftitntion, which pre- 
 vents mutual communication from one man to another, but will 
 encourage that intercourse ; for union alone can make us flrong, 
 as has been.faid, though in a different fenfe, from the Bench. 
 <l The Sections fliail meet every forenoon, at eleven o'clock, 
 each infa feparate place; and ihall daily .choofe a Chairman, 
 for the Section, who ill all report their leets of election, &c, ; 
 and, if thele reports are not delivered inro the Council of the 
 Table, immediately on the Chair being taken, they fli'all be 
 deemed ;iull ; each Section ihall daily furniih itfelf with a 
 t( note of all the bniinefs, and with copies of all motions and re- 
 <c ])orts to be taken into consideration that evening. The Sec- 
 (< tions mull daily difcufs the bufinefs of the Convention ; they 
 " fnuil prepare lilts of fnch perfons as they may think moii pro- 
 " per for Offices, Committees, &c.; but the Sections cannot (i- 
 " nally decide any matter ; nor, in their collective capacity, 
 " give an opiiiion, or make a propofal to the Convention. No 
 * c "'enibtrr in the Sections fliall be allow-ed to vote by proxy. 5 * 
 We did not, you fee, intrench on the privileges of the Houfe of 
 Lords, where they vote by proxy ; and we thought, that as 
 every man was equally interelted in the buiineis, thac he mould 
 
 attend 
 
C '34 ) 
 
 attend as often as he could ; and, if lie die? not, it mould be his 
 own lofs, by iofmg his vote. " The members of one Section 
 tl ihall not be received into any other See'tion, during its fitting ; 
 "'and, noperibn not a member of the Convention, can, on any 
 " coufi deration, be admitted." And, I am fur?, there is not a 
 man here, who would wifh to be intruded upon by ftmugers, in 
 the facial hour, over the bottle, but the fervant conies up with 
 his name, before he is admitted. (Here Mr. Margarot drank a 
 glafs of wine). I beg pardon, Gentlemen, for this interruption ; 
 I ilionld not have done it, if the example had not been fet me ; 
 we have no fnch thing in England, Gentlemen, as a Jury eat- 
 ing and drinking in Court. 
 
 Gentlemen, The next head, is "that of motions. A great de. 
 gree of criminality has been attached to the motions that have 
 been produced ; bat, notwithstanding all this written evidence, 
 which is to transport us, and prove us nearly guilty of high rrea- 
 fon, I will fhsw you the innocent manner in which thefe things 
 were to be curried on. " All motions fhall be in writing, figp.ed 
 " by the Mover and Seconder, and transmitted to the Council of 
 " the Table, who fliali number and file them, according; to the 
 " order in which they are given in. At the ciofe of each day's 
 " buiinefs, and before the adjournment of the Convention, the 
 " Secretary, or one of the Council, iliall read all motions given 
 " in, during thac fitting, according to the priority of delivery, 
 " in order that they may be cop-eel, and taken into consideration 
 " by the feveral Sections ; and, being fb read, they mall come 
 " on for debate the following fitting, in the fame order of ar 
 * rangemcnr, made bv the Council, unlels the Convention fhall 
 fi think proper to prefer anyone of them, as containing matter 
 tf of greater importance, or more indent necefiity. A motion 
 * ( once rejected, cannot be brought forward again in the fame 
 *< Scflioivof the Convention, unlefs requeih j :i in wrirr^g by i j 
 ** members." This was thought proper to fee introduced, ri 
 order to lave us trouble, as there were fome rnen who coi:ld 
 fpeak better than they could write; and who, perhaps, might 
 wifli to be bufy ; for we already beg^n to fufpert that we iia'd 
 got fpies amoii'7 us, and that motions of a dangerous tendency 
 might be brought in ; and, therefore, we endeavoured to pre- 
 vent being led into a trap; for, we found that, in gfciWJfal, it 
 is the molt honed: men that become the dupes of knaves. " In 
 " cafe of two or more motions beiuj; on the table, which 1 relate 
 ** to the fame object, and tend to the fame end, the Council, 
 <{ -an:l the refpecthe inoveis, iliall ufe their beit endeavours to 
 " con folidate them nil into one befove tbc y are d i 'ended : bur, 
 " in cafe the Council and the rcfpcc^ive movers cannot agree in 
 " fuch measure, then the fame iliall be rina'ly determined by 
 " the Convention. Notwithftaucling the above regulations. 
 {< . any Member may fi*bmit a motion, at any rime, to the conii- 
 " deration of the Coiivemion, which he deems to he of greater 
 
 Importance 
 
( '35 ) 
 
 (< importance, or more urgent necefiity than any cf tbofe winch 
 * (land in the order -of the day ; and, if from the reafons ad- 
 te vanced by fuch Member, a majority of the Convention {hall 
 (< coincide, in opinion, with him, fuch motion fhall be immeui- 
 " ately brought forward, and determined." 
 
 Now, here is that which was drawn up with more care than 
 any other parr. We know debates often lead to warmth; and, 
 that when difmUams wax warm, they generally grow tumultu- 
 ous and irregular. We have feen thefe tumults, and this rio- 
 tous manner of debating, even in the Koufe of Commons : we 
 fbughc to avoid it ; and therefore, we ordered, that ** no perfon 
 " fnall (peak in the ordinary fittings of the Convention, more 
 " than once on the fame fubje^l:, unlefs it be to explain, or by 
 " fpecial leave of the Convention; but when all who wii'li to 
 '* fpeak to the queftion have clone fo, any Member may be 
 " heard again ; and, every Member who opens a debate, fhall 
 " have the privilege of being heard, the lalt, in reply, before 
 " the ciifcuiiion be finally doled. If it ihall appear to the mo. 
 " ver, or ieconder of any motion, or to any other member, that 
 " the matter contained therein requires the molt ample difcuf- 
 " ilon, on motion, for that purpofe, made and agreed to, the 
 " Prefes mall leave the Chair, for the purpofe of the Conven- 
 " tion refolvjng itfelf into a General Committee, in which, a 
 <l Chairman being firlt appointed, every Member {hall be at li- 
 " l>erty to fpeak as often as the Committee may think proper to 
 " hear him, till the queilion fliall be called for by an apparent 
 " majority. As foou as the queilion mail be called for, and 
 " the difcuiiian clofed, the Preiident mail refume his fear, and 
 " the qaeitioii fliall becletermined in Convention. The Coun- 
 " cil iliall require the Prefident or Chairman; or either of thefc 
 " may, of his own accord, put a vote for doling the debate. 
 " When i,- appears to any of them to be the general wifh of the 
 f< Convention, or general Committee, there ihall, however, be a 
 " vote taken ; aul two to one for doling the diiculiion, before 
 " it actually takes place." Here we fought, not only to avoid 
 the heat of debate, but we fought to avoid partiality, and we 
 fought to avoid any prejudice that any man might have againlt: 
 anoiher, or in favour of another. " The queilion of clofin*^ 
 " the debate may, itfeVf, be debated ; but, it inuil be ftridlly at- 
 " tended to, that wo Member, under pretence of giving reafons 
 " for or againft doling the debate, fhall go into the difcuffion of 
 t the main queftion." 
 
 The nexr head is, that of Order ; a term not borrowed from 
 France, but from the Houfe of Commons of England ; for, in the 
 Houfe of Commons, the order of the day is a common phrafe. 
 " The Convention Ihall meet daily, at five o'clock in the after- 
 " noo, and iliall proceetl, .Firft, To receive and verify the pow. 
 " ers of any new members. Secondly, To receive, without 
 t( reaaiiJg, the Lifts of Candidates from the Sections, ThirJh^ 
 
 ' To 
 
C 136 ) 
 
 * T0 read communications addrefted to the convention. Fourth- 
 " kf) To elect, from the lifts of candidates, tlie Committees, if 
 <f any have been ordered, the new Afiiitant, and the Prefes. 
 " Fifihfy, To hear from the Council, what is the whole bufinels 
 " ftandnig for diieufflon ; and what is that particularly ap- 
 " poinred far the day, with the order of priority, propofed by 
 *. the Council ; which priority may there be debated, and. fixed. 
 f* i/xM/3', To read over the minutes of the preceding day, and 
 " ny former days, not finally fettled, and direct corrections of 
 < - the fame, if need be. S?z>ei;fb/v, To receive reports from the 
 different committees. 
 
 te In goin?; through thebuftnefc of the day, the order of pri- 
 " orify, iixad as above, ftiall be adhered to, unlefs altered by a 
 if v6te of the Convention, which mud, at any time, be put, it 
 " dcfired by the Council; or, if required in writing, bv any 
 ** five members. Any point, once difculled ami detenninect, 
 can neither be refcinded nor brought forward again on the 
 * Y fame day ; nor at all, but by a motion regularly made ; and, 
 tc for the bringing in of which, leave mail have been obtained 
 " the p-ece<Jing day. The Reporter of any Committee fhall 
 *' always have a preference to the ordinary bufujeis of the day, 
 " to deliver his report to the Convention, ib as not to bieak in 
 " upon any debate which may be before it. Members flmll 
 <e fpeak in the order in which they rife for that purpose ; and, 
 " if more than one rifeatihe fame time, the freleo ihall decide 
 " who is entitled to priority. 
 
 '* The prefldent alone {hall have the power of itfci*ruj'ipg 
 " any fpeakcr who wanders from the queftion ; but anjf indivi- 
 " dual mall have the right to fugged his opinion, by writing 
 " the word order, and handing it to him. 
 
 " No member is to be allowed to fpeak to any fuojecl: after a 
 t( (liow of hands has taken place on it." 
 
 Ton will fee by this, that we were not only far from fecliti- 
 or.fly inclined, but we did not give our tongues a loofc : we were 
 obliged to fpeak in order, and methodically take our turns, ar;d 
 fay nothing further than what we were entitled to. \ ou will from 
 that gather, that a fociety fo well regulated, could not be fcr 
 the purpofe of overturning the Conftitution, which, in its ori- 
 ginal (hue. is regularity irfelf : we were proceeding in a way 
 that directly led to a reform: thefe are t lie heads; and there 
 remained live more to be fir.ifhed, when we were apprehended 
 by general warrants, and the meeting dHperfed by the power 
 of the Sheriff, and of the Lord Provoft ; therefore, if we are 
 not in order, it is not our fault, but the fault of thofe who inter- 
 rupted us ; yet, you will fee, that we were not altogether ib 
 illiterate asibrfie men, and men of mining, perhaps more mining 
 than folicl, abilities have thought proper to represent us. We 
 Jcnew what we were about ; and all this was done openly : \\e 
 Jiave h?d ijfcy vifiiors of anight: any perfou (ending in bis 
 
 name 
 
( '37 ) 
 
 name to tlie Council of the Table, was his admlffion ticket ; nnd, 
 as I obfcrvecl to you, we fought nothing but the public good : 
 "we fought a Parliamentary Reform ; \ve leek it flill ; and, ftruit, 
 we /hall to 'the end of our lives; and a renovation, not a tie- 
 it ruction, bat a renovation of our Conftitiuion. Gentlemen, I 
 will now come to the plain facets ftated in the indictment, and 
 then, I will make n few remarks upon the evidence that has been 
 given; and, Gentlemen, I am lorry to detain you fo Jong ; but, 
 it is my duty to be as explicit as poflible, in this marter, as 'well 
 as yours to lift en to it : wns it my own individual bnfinefs, I 
 would meet your verdict this inftant ; but I have already told 
 you, that I confider myfelfasthe lead concerned in this matter ; 
 it is the cr-mf* of Reform. 
 
 The indictment, Gentlemen., accnfes me of havingbeen made 
 a Delegate by an A$ociation of feditious people, calling thein- 
 felves the Coirsfponding Society of London. 
 
 Now, Gentlemen, either the charge is true or fal(e ; if it is 
 falfe, it is malicious ; if it is true, then I am the feditious perfou 
 I am reprefented. The London Correfporiding Society is not a 
 feditious fociety ; it is a fociety eilablilhed upon as regular aiid as 
 fyltemarical a plan as that of the Convention. We are proceed- 
 ing to increafe, to diffufe political knowledge, to make every 
 man acquainted with his political rights : we are formed into di- 
 vifions, becaufe, we well know, that large companies introduce 
 diforcler and confurton ; therefore, we never fuffer, except when, 
 general meetings take place : we never fairer above a certain, 
 number to aiiemble together : we aflemble in private houfes ; 
 neither eat nor drink ; but calmly and coolly difcufs the political 
 fubjects before us : we inftruct the ignorant, and receiveinftruc- 
 tion from thofe that know more than we do; and, therefore, 
 the charge that this is an aiTociation of feditious people, is a 
 falfeliood ; and, the Public Profecutor backed it with another 
 ialfehoocl, on the night he did me the honour to try me, inftcad 
 of Mr. Skirving ; he aflerted, that this feditious fociety had held 
 a meeting for the purpo/e of choofing Delegates ; and, that they 
 were fo deiefted by the mob, that the magistrates were obliged 
 to protect them. 1 was not at liberty to anfwer him that night ; 
 nor mould I do it now, efpecially in his aufence, but that im- 
 preflions unfavourable may have gone forth, k is faid, that 
 the magiftratcs, an odd doclrinefor a crown lawyer to advance, 
 were obliged to take under their protection the feditious Lon- 
 don Scciery, in electing Delegates to fend to Edinburgh. If 
 the Correfponoing Society was feditious, why did not the ma- 
 gifbraies quell ns ! they were prefent ; Mid they came with a 
 defign to dilperfe us ; hut the laws are paid a greater regard to 
 in the metropolis than they are at fonse diflance from it ; and, 
 when they found we were avfting i>pou conitii'tuionai principles, 
 they dared not moleftus : there were 500 conftablesj and, oiic 
 of thefe 500, I will, to be fare, fay, theie were, at leaft, 300 
 
 S owe 
 
( '38 ) 
 
 out of them, who maintained the fame principles that we did, 
 that a reform was neceflary ; that it might be imprudent if the 
 anagiftrates had acfted other-wife than they did. If any illegal 
 open act of violence had taken place, it mult h?ve been occaii- 
 oned by them ; but they did not commit any acft of violence : 
 on the contrary, we placed ourfelves under the care of the high 
 convtable, and his pofle ; and they attended ; but, as in the tef- 
 timonyof the Lord Provoft, if any riot was occafioned that day, 
 it was from the magistrates, and their attendants, for our Soci- 
 ety, being fo numerous, were obliged to meet in an open field ; 
 or, at leaft, a field enclofed with palings : it was in the neigh- 
 bourhood of Spitalfields ; and the people in the neighbourhood, 
 3ed by curiofity, and not kept at home by work, being out of 
 employ, and might as well dine upon the frefh air as the Mag- 
 Jiate air of Spitalfields itfelf, they attended our meeting to the 
 amount of thoufands, and behaved as orderly as thole men you 
 faw to-day come up the ftreets ; they behaved with the utmolt 
 decency ; and the Police Magillrates, from the Police Office, 
 with their police runners, attended, but did not dare to molelt 
 us more than that we invited them to attend our meeting, inaf- 
 much as it was conftitutional ; Knowing that they iho.uld dif- 
 pleafe certain perfons in power, W Ho mall be namelefs, they de- 
 clined accepting the invitation of attending ; but, afcer I was no- 
 minated, I returned them thanks for the polite attention they 
 had paid us : they alked us whether we were to choofe Mem- 
 bers of Parliament ; I replied, No; that our object, at Edinburgh, 
 was to communicate with our brethren here, who were like our- 
 felves, purfuing a Reform in Parliament ; that would be our bu- 
 fmefs in Edinburgh. I told them, if they had any commands, 
 I would execute them: they politely bid me a good -clay, and 
 drew off their Conftables; and found themfelves to be very hap- 
 py in being protected by us : it is true, Sir, the IIi<h Conftable 
 came to me, and begged of me, as a m'tans of difpet fing the 
 jnob, that I would defire the Members of our Society tod.ifperfe 
 quietly, forafmuch as there might be fome riot, fome tumult. 
 I told him, if that was the cafe, we would to a man turn out and 
 aflift the civil officer: that as Reform was our aim, fo vas order ; 
 and, that we would, on every occafion, protect the civil officer ; 
 and, at the fame time, that we afiifted him in his dmy, \ve would 
 take care that he did it. And, Gentlemen, my behaviour has 
 been perfectly regular ; I have been always ready to come for- 
 Avard, and face my country, aeainit any charges, except, at the 
 firft inftance, when I was aflailed by fix blackguards, or meflen- 
 gers ; or, whatever they were, I told them, Take my word, that 
 when ever they required my prelence, 1 would be forthcoming. : 
 the fame was the cafe in this Court ; yet, I did not hclitaie to 
 appear ; I never will fly from jultice ; 1 will always abide bv i, ; 
 befides, Gentlemen, if the London Society was feditious. but it is 
 nor, it is fancftioaed by a letter, a copy lliall be given to each of 
 
 you, 
 
( '39 ,) 
 
 yon, ro perufe at your leifure : you will fee, that it was a Soci- 
 ety founded upon our conftitutional principles ; that none of the 
 Miniilers dared offend us : it is true, lail year, feveral ailbciations 
 were formed all over the kingdom ; and, it is they who founded 
 the tociin; and, where did they originate ? they originated in 
 about eleven placemen j.the Prefident, the Chairman of that 
 Society, pofieffes only five places ; he was a clerk, or under- 
 ftrapper, of Lord Hawkeibury, his name is Reeves : at the lame 
 time, to prove to you the further conltitutionality of our pro- 
 ceedings, we did, in the month of April, hold an aflembly, at 
 the Crown and Anchor, in the room above this very man, who 
 was for protecting property againft republicans and levellers : 
 this very man, obliged to bite his nails, in the room underneath, 
 dare 1 not mew his teeth ; but he can write ; and lie is aihfled ; 
 I will not fay by the treafury, but he has pecuniary ailiitaiice, 
 and has laid ihe public under contributions ; and, here 1 apply 
 to ario bier vat ion of the Public Profecutor, that we drew money 
 from the deluded, the poor, and the weak. Would to God, 
 ro man drew more from the poor, the deluded, and the weak J 
 If no man enjoyed more ilnecure places than we do, every fami- 
 ly would have bread ; which is not KOW the cafe ; while thole 
 who draw money from the poor, the weak, the deluded, and, 1 
 may add, the opprefled, are revelling in riot and luxury, and all 
 manner of profligacy: .while they iell themfelves, while they, 
 Jell others, and their crimes, they cut a figure ; but let them re- 
 member, that every guinea that they poilefs, confiits of a certain 
 number of drops of the blood of the poor. He fays, being 
 named a Delegate by an afibciation of feditious people, calling 
 tlietu (elves the Correfponding Society of London, did repair 
 to Edinburgh, with the wicked and felonious purpofe of joining 
 arid co-operating with an illegal aflbciation of evil difpofed and 
 ieditious ^erfons, who originally clefigned themfelves the Gene- 
 ral Convention of the Friends of the People. Now, it ieeins, 
 that the original Friends of the People, were an illegal aflbcia- 
 tion ; were an aflbciation of evil difpofed and feditious perfons. 
 In the indictment, it fays fb ; but, in the pleading of the Profe- 
 cutor for the Crown, he fays otherwife ; he fays, that they were 
 harrnlefs, that they were allowed ; and, indeed, the behaviour 
 of the Magiltrates toward them, feems to prove the legality of 
 their inftitution: he goes on, and. charges us with holding vari- 
 ous illegal and feditious meetings: how came they to be illegal ? 
 If the Friends of the People were in the fiu ft inilance legal, how 
 came they to be illegal and feditious? or where are the proofs 
 that he brings of it"? He like wife fays, they met under a pre- 
 tence of procuring a reform. 
 
 Gentlemen, you are not to be caught .by words : you are 
 men of fenfe , arid fenfe alone is to operate upon you ; reafun. 
 and found fenfe : how is he to tell ? how is he to prove ? in 
 what niauuer has he proved 'that thefe were only pretences? 
 
 On 
 
On the contrary, what I have already lhe\red you betrays a 
 great fyftem of regularity and order; and order will never be 
 introduced for the fake of forwarding confufion ; and yet, he 
 {ays, they were evidently of a dangerous and dellrudtive ten- 
 dericy; though ! fiartle at the words, evidently of a dangerous 
 and destructive tendency; yet, if you allow me to add a few 
 words to that fentence, I will mew they are ilridtly true; 
 for, if yon appty thefe words to the abnfes which have crept 
 iuto the Coniliimion, you will make Enpdiih, you will make 
 fenfc, and you will make truth of it. He fays, we imitat- 
 ed, in the form and tenor of onf proceedings, that Conven- 
 tion of people, the avowed enemies of this country: thefe 
 people, the avowed enemies of this country, fight with guns, 
 bayonets, and cannon: we do the fame; and/yet I don't 
 fuppofe that we are guilty of oppofing, arm to arm : the Houfe 
 of Commons, whom we are Peeking to reform, and wifh 10 new 
 model, if poftible, upon the plan of a more iVcquent renovation, 
 nfes the lame regulations thar we do ; but order can never be 
 criminal. Gentlemen of the jury, he fays, likewjfe, thar I did 
 adt as Pr'efes or Chairman of their meetings : this, likewife, he 
 lias failed to prove: he has proved that I acled once as Chair- 
 man ; and, therefore, cannot be guilty of acting as Chairman at 
 their meetings ; at leaft, he is inaccurate in his language; but, 
 in England, fuch an inaccuracy would be fatal to the indict- 
 mem. 
 
 Although it hns been faid that I was an Attorney by one ; and, 
 by another, that I know nothing of law, I hope to prove, that 
 I know f bine tli ing of the ConiHnuion ; and, that if f am no / :- 
 torney, I have as much honefty as any Attorney, or any Gen- 
 tleman of the gown. It goes on, that various inflammatory 
 votes and refolutions v. ^re palled. Of this, I trull, the Public Pro- 
 fecutor has failed to produce an evidence : there is no voie, no 
 resolution of an inflammatory nature, inafmiich as tonnderftand 
 the word inflammatory ; it means, not merely, that which will 
 inflame itf'elf, but that which will inflame others : now, the 
 word introduced, as inflammatory, had no manner of connec- 
 tion' with the Convention at large, and was ordered by it, to 
 have been burnt : there, indeed he is right ; ir might have been 
 iv.f'nmniitory ; when burn in fj:;, it was inflammatory ; but that: 
 infl'amlttatofy nature was no way Jeditious. Continuing then, in 
 the iwolSen and delulive language of the indidtrnent, he Hates, 
 "that the (aid Maurice Margarot, did alfo, u when attendir-t?; 5ti 
 his cnnaciry of Delegate, at the illegal r\ieetings of the (aid Aiib- 
 ciatior., uttei*, and make various (editions and inflammatory 
 fpeeches, tending; to vilify our prefent liappy Confhmi ion, and 
 to withdraw therefrom, the confidence and attachrnenr of our 
 fnhjec"ts." I have already proved, that the only end of our 
 meeting, was to ivertto our Conftitutipn ; but, it feems, tliat 
 there is a terrible confuiion cf ideas. He accuies nie with hav- 
 
ing, while attending my duty, as Delegate, in thefe meetings 
 of the Convention, wjrh having made feveral inflammatory 
 fpeeches, tending to vilify our prefent happy Coriftiturion ; and, 
 to withdraw, therefrom, the confidence and attachment of our 
 fubjeois : That that is a wrong vbatement, will be evident, at 
 h'rlt fight: by what yon have already been told, 'you.muifc have 
 difcovered, that men, ieeking a Reform, cannot wiia to do in- 
 jury to that very Conftitution which will procure to them that 
 Reform ; for, we are not fo blind as not to fee, that our origi- 
 nal Conititution, if we revert to its original principles, does give 
 us the Reform we want ; but his way of proving the inflamma- 
 tory fpeech is very curious. And, particularly uie Paid ' JMau- 
 rice Murjnirot did, at a meeiing of laid Convention, held on 
 Tuefday, 191!! November laft, 1793, or on fome other day of 
 that month, in a Ma Ton Lodge, or room in Blackfnars Wyml; 
 in the city of Edinburgh, wickedly and feloniouily make the 
 following motion, or one of a .(imilar import." This, you will 
 recollect, is to be the vilifying of our preient happy Conititnti- 
 on, and our withdrawing therefrom the attachment of our fub- 
 jedts. Now, you will ice what that motion is, which he ad- 
 *,duces in fupport of that proof: That, previous to publishing 
 an Addrefs to the Public, a Committee be forthwith appointed 
 to coniider the means, and .draw up the outlines of. a plan of 
 general union and corporation between the two nations, in their 
 conihtutional purfait of a thorough Parliamentary Reform. He 
 brings you forth a motion, as written evidence ; and, he, tell.? 
 yon, this is done for the pnrpofe of fubvertin^ our prefent hap- 
 py Conititution, and withdrawing therefrom the attachment of 
 our fubjeets : you certainly will not take it anvils, if 1 recai to 
 your mind what I faid before, that it was an attempt to inipofe 
 upon your umierrtandings ; for there is not one of you fifteen 
 that has a fervant about your houfe, fo imbecile, as to fuppoie 
 that a plan of union would tend to vilify our prefent happy Con- 
 ilituiion, and withdraw, therefrom, the con:rJcnce aqd attach- 
 ment of our fubjec'ts : it miajhr, very well, when helped for- 
 ward with all the brilliancy of grefture, of language, of action, 
 which he is pofltfied of ; but, when, you come :o look into it, ir. 
 is a direct falieb.ood : let us call things by their proper name ; 
 it is a direct falfehood ; it does not fnpport itielf then further, 
 that motion having palled niianimoully ; aiid, which motion, 
 clearly dernoniirated a \viih. and intention on the part of the laid 
 Maurice Marwarot, of propagating tjie fedkious tenets of that 
 Aflbeiatioii over tl:e whole kingdom ; and, of exciting our fu!>- 
 jtc f is in -.England, in contempt of legal authority, to adopt the 
 janie ujiconltitutional conduct with the laid Maurice Margaret, 
 arid his aPibciates, IUM] vrefmned to folUnv. GL'ntiemen, 1 have 
 been told, thai in ScoiUncl, I ajn a-> much a llninger as if I had 
 corae from Germany, iVom Italy, from America; and yer, n, 
 Court which cannot bring wlmdlls fioin En^kmd, can try me 
 
for what was charged to be done in England : in fhort, it is 
 a farrago of nonfenfe. Were I better acquainted with the 
 Public Profecutor, I mould have thought he meant to have 
 fet forth my poor ferv.ices in the Convention ; and, there- 
 fore, brought me forward to explain the nature of it, :he 
 contempt of legal authority. Where has it been fliewn ? 
 No where: on the contrary, we had the Sanction ci legal autho- 
 rity ; Pitt and Dundas both knew we were coming down : the 
 Magistrates of Edinburgh knew we were ailembl ing lor that pur- 
 pofe ; uuleis the contempt was, tha we did not go and afk them 
 leave : perhaps, had we been ftrolliug players, v.e might ; for, 
 I am told, that a town-hall, notfar xom Edinburgh, was refuted 
 to the Friends of the People; and, the nexi night, permitted to 
 a company of ft rolling players : pr>bably the itrollmg players 
 are tl>e moil beneficial members of lociety. Gentlemen, you fee 
 what hardfhips I labour under, no being able to get at"my ex- 
 culpating witneiles and papers, th- whneiies being above the 
 laws of the country. The Lord Advocate, when lie fays it was 
 in contempt of legal authority, utters a falfliood : not even your 
 Lord Chief Tuftice Laing, who goe? about knocking people^ 
 down in the irreet, his legal authority had not fhewn it felt'; and/ 
 therefore it was not in contempt or" any legal authority what- 
 ever. We took our own room ; burnt our own candles ; and no- 
 body had any thing to do with it but ourfelves: there was no 
 contempt of any legal authority; and, therefore, that part mult 
 be expunged ; as alfo, that which relates to England ; over 
 which, you fay, you have no jurifuietion. Again, I find among 
 r.iy high crimes and mifdemeanors, the word tocfin ; and, a 
 learned Jiidge has faid, that we took it from the French : ano- 
 ther perlbn has faid, taking up, I fuppofe, what had dropped 
 from the learned Judge, that it wis a French word: unfortu- 
 nately it happens to be borrowed even by them : it is a Chinefe 
 word, fignifying a fhrill found ; a b*ll that is rung when danger 
 is near ; and, you know, the greater part, or all the words of the 
 Chinefe language, mean one and the fame thing ; and, there- 
 fore they are obliged to couple a number of them, in order to 
 convey what they mean, efpecially when it -carries a complicate 
 idea with it. 
 
 Again, a motion is deemed very feclitious ; for, having appoint- 
 ed a Committee for the particular purpofe of watching every 
 a'.5t which may militate againil the rights of the people ; it is firft 
 falfe, that fuch a Committee has been appointed ; but, if it had 
 been appointed, we fhould,, in the French term, have deferved 
 well of our country, for our vigilance ; for, let me call to your 
 mind, in ail the high oinces of "trull, you fiud very few people 
 willing to itep forward, and fe vo you for nothing: ; and that 
 would have been the cafe, if we had appointed this Committee : 
 we mould have been labouring for you, at our own expence ; 
 being your ceutinels, watching, that none of your rights might 
 
 be 
 
( '43 ) 
 
 be encroached, while you (lept; but it may be proper here to 
 animadvert likewife upon the blank that was produced as cri- 
 minal, and more criminal than the written evidence : it was* 
 fhid, that the resolution which ought to fill the blank, was 
 of iuch a nature, thai it muft not appear till the end of the Re- 
 folutions. I will explain that to the fatisfacltion of the Jury; 
 bur, itinuit be by reading to them the whole difcourfe. Here 
 is a motion, fuppofed to be made by Mr. Callendar : That in 
 cafe the Minifter, or any other Member, bring into the Houfe 
 of Commons, a motion for a Convention Bill, as .pafled in Ire- 
 land, for preventing the people from meeting, according to their 
 juft rights, by the Resolution, the fame motion (hall be noticed 
 to the Delegates of the refpedHve Societies immediateiy, to 
 meet in Convention, to aflert their rights ; and, then they ma~ke 
 me fay, this is an excellent motion ; and the event which it al- 
 ludes to, ought to be the tocfin to the Friends of Liberty to aflem- 
 ble : it fcems, however, to he imperfect ; it does not mention 
 any place of meeting: ; neither does it fpecify the time when the 
 Delegates are to ail i: ble ; for the word .immediateiy is indefi- 
 nite, and will not co ^ey the fame meaning to perfons refiding 
 in different parts of tie country: by thofe who live near to the 
 place of meeting, it vill be underftood, that they are to repair 
 there next day ; by tin fe at a greater dittance within a few days ; 
 and by thofe (till farther off, "within a week after fuch informa- 
 tion is received. Gentlemen, you will remember, I have read to 
 you eight chapters, \ he produce of the Committee of Regula- 
 tions ; you will fee v* hat fpirit actuated them, when they draw 
 up thofe regulations; and that there was nothing feditions i 
 their tendency. Fere, I am then made to fay, that this motioft 
 comes properly under the chapter of regulations ; I wifh it were 
 referred to that Committee ; I therefore move, that the report 1/e 
 rend, that the Convention may judge, whether the article I al- 
 lude to, iufficiently provides for the intention of the motion now 
 before the Convention. Here you fee, firft, my diffcnt to that 
 motion of Mr. Calendar's : the one which the Committee of Re- 
 gulations had drawn up, was in a different flyle, and would 
 
 ulations ; in- 
 with the other; 
 
 they adopted the motion of Mr. Callendar, and propofed to 
 bring it in ns amended by Mr. Sinclair, and others; and, the 
 Bext day, they p opofed to bring it in at the end of the proceed- 
 ings ; that the o: ly myftery that has given fo much uneafinefe 
 to the .Public Accnier; while, at the fame time, he might have 
 clone away a g?eat deal, of your fufpenfe, and, likewife, have 
 ni.icie him fell much eaiier ; for, I believe, he is in poReffion of" 
 tli at nujiion, but did not think proper to produce it, becanfe ic 
 would not have anfwered his end of criminating me ; however, 
 i will iiivaliclate it entirely, for the Public Accufer is bound to 
 bring forward the beft evidence he can adduce: he has not 
 
 brought 
 
 , 
 
 have come in extremely well at the end of the reg 
 ftead of which, the Convention fpliced the one wi 
 
( 144 ) 
 
 brought that evidence forward : he has told yon, that he has jrot 
 it, but has not produced it ; therefore, you are not to believe him 
 on his word ; arvi, I believe, that is not the only faifehood point- 
 ed out, that will engage you to difDelieve any thing he may af- 
 fert. I will read:i pafiage from the Gazetteer, which will fhew, 
 that other men have been the vicfthns of his faliehoocl, as well as 
 myfelf. Gazetteer, yth January, figned by a man of great re- 
 fpecftnbility, both as to truth and fortune ; a man (till more re- 
 fpeiflable by educ ition, and by his virtue ; he is a man poflefled 
 of 6oool. a year, and upwards; lays the chief part of that mo- 
 ney outj not in luxury, or in profligate living, but in relieving the 
 necefluies of the poor; I mean Mr. Archibald Hamilton Rowan, 
 who has been called one of the wretches of Ireland. *< The 
 '* Lord Advocate of Scotland, Robert Dumlas, having aderted, 
 *' on the trial of Thomas Muir, Efq. that an Acldrels from the 
 tc United Iriflimen of Dublin, to the Delegates, for Reform in 
 " Scotland, to which tny name was fixed as Secretary, was 
 if penned by thefe infamous wretches, who, like himlelf, have 
 " fled from the panifh nent that awaited him ; and, an explana- 
 " nation having been avoided, under the prerext of official duty, 
 " I fin-lit; now hecellary to declare, that fuch ailertioii of the 
 " Lord Advocate is a faifehood. 
 
 ARCHIBALD HAMILTON ROWAN. 
 " Dojmnk-flrest, Dublin, Dec. 17, 1793." 
 
 This is what they call in plain vulgar Ertglifh, giving a man 
 the lye ; and when the name is affixed to it, this man is of an 
 totally high character, and his intrinfic character makes him 
 rank at leaft with the ofllcial character of the public profecutor. 
 1 dare fay he is not a mm, who would fix his name to a faife- 
 hood ; and if he had, his faifehood would have been contra- 
 cli^ted ; and it feems that here the public profecutor is very full 
 of fpirit, and therefore would have relented this injury. He 
 has filently acknowledged the truth of it, and the man who will 
 tell a faifehood in one inftance, will tell it in general ; therefore 
 be wary how you truit merely to his afiertion, efpecially with an 
 object like this in view, the extirpation of.abufes upon which he 
 and his relatives fatten ; for his uncle reaps upwards of 20,000!. 
 a year of the public money as Secretary of State. Were abufes 
 to be rectified, thefe fal iries would be climiniHied ; were thefe 
 abufes to be rectified, it is poflible his conduct would be enquired 
 into as mo ft likely it will fpeeclily. You fee by this, Genrlemer, 
 that where any thing tending to exculpate me could be adduced, 
 lie has kept ic back \ but he has not done it f imply and fairly, 
 but aggravated it ; I have greater proof of this man's guilt, but 
 I will not produce ic ; whereas, it is an extenuation of suilt. 
 Here is another act or' criminality in this notion ; by the by, it 
 ieems very inconvenient in the practice of the law of Scotland, 
 thai, one ciiine may aiFctft many perfcns, if ir is only by holding 
 
( MS ) 
 
 to finger, art and part as it is called here ; and here, Gen- 
 Ueinen, it may be as well to revert to the opinion of ITU- 01, licit or 
 General of King William upon that fubjecl. Sir John Kawles 
 fays, " As Juries have ever been veiled with fuch powers by law, 
 " fo to exclude them from, or difleife them of tiie fame., were 
 ft utterly to defeat the end of their inftitution ; for then if aper- 
 *' fon mould he ind idled for doing any common innocent adt, if 
 * { it be but clothed and difguifed in the induTtmeiH with the 
 * name of treaton :" So that you fee, even in King William's 
 time, there were frivolous perfecutiolis as \veli as at prefent ; I 
 meant to call them profecutions, I beg pardon ; and that if thfc 
 Jury did nor flep in between the crown lawyer and the fubjecfc, 
 the (iibjed: having no redrefs, was incarcerated, fined, banifhed, 
 or otherwife ill nfed, and all for things, which in themlelves 
 \vere perfectly innocent; bat beitig clothed in tremendous lan- 
 guage, appear heinous crimes, fuch as I was mentioning juft 
 mow, and is reported here ; " If any perfon fhould be indicted 
 (< for doing any common innocent at, if it be but clothed and 
 (( difguUed in the indictment with the name of treafon, or fome 
 et other high crime, and proved by witnefles to have been done 
 i( by him, the Jury, though iatisfied in conference that tiie fact 
 " is not any fuch offence as it. is called, 'yet becaufe (according 
 *' to this fond opinion) they have no power to judge of law, and 
 " the fa A charged is fully proved, they (hall at this rate be 
 <( bound to find him guilty." Thus you will if you find me 
 guilty, refer me to the mercy of the court I (hail not detain 
 you much longer ; you have attended me with Itngular patience, 
 Gentlemen of the Jury, and I thank you for it- you are doing 
 your country good. Diftinguifh then the true friends of your 
 country from its foes. You have feen that the teftimony of 
 t rery witnefs adduced on the part of the Crown is one weaker 
 than another ; that it all turns upon the point of the meeting 
 being Seditious ; whereas, in verity, as the law term is, the 
 meeting was founded upon the claim of rights thai it is the; 
 privilege of the fubjedt to feek redrefs ; and I nmft take the li- 
 berty of quoting to you (bmethingfroin De Foe, which will prove 
 to you, that the people have a right-* that the original power 
 refb with them, and that; they have a right to control' thai; pow- 
 er, and keep on it a continual check ; for as I faid before, the 
 fervant is not greater than the mafter, and the King is but the 
 chief lervant of the nation. It is true we do nor exercife our au- 
 thority over him, or if we do, it is but once in two or three cen- 
 turies ; and I hope it will be centuries before we mail have oc- 
 cafion to exercife it again. Bilt there are thofe who exercife the 
 re^al power in his name, and the fooaer they are brought to 
 condign puniniment, -the fooiieT it will prevent others frdiii pur- 
 fuina; the fame daltardly purfuits. This is a chapter of De Fee ; 
 he h treating of the original power of the collective body of the 
 people of England* * * c To. the King* Sir, it is not the leaii of 
 
 T " tb<? 
 
i{ the? extraordmaries of your Majelty's character, that as you 
 '- are King or" your people, fo you are the people's Kin<r. Tins 
 <{ title, as it is the moil: glorious, fo it is the moll inclifpu table in 
 " the \vorlfi. God hmifelf appointed, ^t he prophet proclaimed, 
 '' b;jr \}\e people's alien t \vas the iinilliing, the royal authority 
 " off he fiiit Kins of Ifrael. Your Majefty, among all the blef- 
 ({ lings of your re"in, has reftorecl this as the bed of all our en- 
 ' j;->yr,K-n *, the full liberty of our original right in its aciiKgs 
 *< r.nd ex-jrcife." 
 
 This \va- published in the year 1705, foan after the revolution. 
 " KOI 'Tier reigns have invaded it, and the lair thought it totally 
 * fupprciied ; but as liberty revived under your Majdly's juft 
 '*' authority, this was the firft flower flic brought forth ;" that is 
 to f:*y, the acting and cxercife oi our liberties and original rights, 
 which are thole which you have fwn in Mr. V/harton's fpfech, 
 of pet'tion'ng and obtaining redrefs ; of keeping a conihint 
 c licck upon rvery iervant of t.ie Crown, in whatever fituation he 
 maybe placed ; and of obtaining a fair and equal reprefentation. 
 
 I- T C f'^ys in-anoiher place, " I have obfervec!, when 'intereft 
 r ' obiij;e: any per Ton or party to defend the caufe they have ef- 
 ft pouied, they pUnfe lhemfel\v:i with fancying they conceal 
 <{ tbeir private cicfip.-p.a, like a late A>St of Pailianient, which in 
 <: the preuHioIe calls itfelf an Ad: for the relief of Crediio: s ; 
 " Lar which ir i-:s L-fFeft, \v?.s an acr for the relief of Debtors.'* 
 This- is like men who cry up the ConiHtution, and live upon its 
 ilefcifts. '* Thus (o'ne 'Gentlemen place fine fpecious titles on 
 (( their be : " a, J'/'~n I'.^ui'i Anglican* $ A Vindication ef ths 
 " Right ofih Gwimw cf Eiiginid^and aVindiczt'ion of ih. Rights 
 f< of ' i/:i Lords ; and with lar^e and h':?;h cncoiniCf^s r.pon the 
 " excellency ot our Condi; ui ion, treat the levity of fome people's 
 ** jwdiRnjentf \vitii fine notions ; wliereas, the true end and deiign 
 *' is defericii. n; the in e, . !r and party they have efponfed." 
 
 Gentlemen, call to nrind whether it may not be the cafe with 
 one of u: two, the Pannel or the Public Profecutor, whether 
 we nny r.ot be trumpeti'-ig up or founding tlie p aife of the con- 
 ftituficii, ana ar theferne tnnc have intercibed and prrfate views; 
 ;'.nd as ic ins been faid yon cannot penetrate into ihe minds of 
 men, vov. can only juajje from tSie tenor of their conduct ; hi- 
 t'lfrto he ha-3 c.:^ -.ijwiedueil himfelf to be a placeman, though 
 Jiot o pcfiouei\ GeivJeme'ii, I take my God to witnefs, that 
 were I to be o'lerecl one of the moft profitable plaees under Go- 
 ver; merit, my conscience would not permit me to accept .the 
 emol,niii-ont", of if, Nvber I know tliat it has been drawn from the 
 tm>:Ki ard the Avear of the poor : that there has been more blood 
 fpHt ^ i.Viin this raft twelvemonth, for the pin pnfe of gratifying 
 jvHniilry, and kecpinj!; the public niitul from rtrurni, than would 
 complfftrly iili tiic largeJr-iliip now in the Bririih navy, ajul I 
 fp^ak witltin compafs. " Thr ilefence of the rights of the re- 
 <c prefentative body of the people, ur.dciilood by the name of 
 
( M7 ) 
 
 tc the Commons of En obnd in Parliament, is agr.'.tt pornf, and 
 *< (b plain are their rights, that it is no extraordinary tnik to 
 " fend them ; but for any man to advance, that they are io ;>\\- 
 f: gtsft an aflembiy, that no objection ought to be }nn<!e to their 
 " ac f tio!\, nor to reflect upon their conduct, though the , 
 " true F and tiiat it is not to be examined,, whether tie ti 
 " (aid be true, but what authority the perfon {peaking Las to 
 fi fav, it is a doctrine wholly new." 
 
 You fee, Ge'mlemen, it was a doctrine new a hundred ye-irs 
 ago, in the time of DC Foe, but it is a doctrine renewed MOW :o 
 ierve thefe (late profecuvions ; it is highly iethrior.s, and of a 
 very evil tendency in the public at preient to examine into the 
 conduct of the Houfe of Commons, and yet at that lime it was 
 conititutional ; why, becauie we have brought in the preient 
 family, and that they had entered into a contract with he peo- 
 1'ie ; they would not fuffcr their fervants to deviate it om it at 
 iirlt ; at pre!ent, through lapfe of time that is grown obsolete, 
 and their fervants' fervants tell you, yon arc not tvtn to cx;!ii; : .:5O 
 into it ; praife tiic Conftkution, and think yourfelves happy, 
 whether you are fo or not. " It is doctrine wholly new, and 
 tl feenis to me to be a badge of more iiavcry to onr own repre- 
 <e feutatives, than ever the people of i'lny jane! owes thciv,, or 
 <4 than ever they themlelves-expecied. This therefore, toic- 
 " tiier with forne invaiions of tiie people's rights, made public 
 " by feveral modern authors ;" You fee the rights of the people 
 were be-Tiia already, then to be invaded, " are the reafons wiry 
 t( I have adventured (b^ni^ wholly di fixture ft ed and vncouccrn-'d 
 <f either for psrfias or parties ) to make a fhort eflay at declaring 
 ts the rights of the people of England, not rcprefcntatively, 
 <( but coileclively couiidered. And with due ciefcici.cc to ;: c 
 *' reprefentatvve body of the nation, 1 hope 1 niny lay it ccr,i 
 '* be no dbfii'H'tilon of thsir rights, toniitrt the rights of tliitt 
 " body from whom they derived the powers and privileges of 
 ; ' their Houfe, and which are the very foundation of their be- 
 
 " ?\ } Z'" 
 
 This reiers to what I-faid to yon jnft now, the fervant cannot 
 
 be iiiglier thr.u the matter; if they derive tueir powers from r."-, 
 \ve entertain ]io\vers fup<?rior to theirs ; it >s tlierefore onr duty 
 lo fee tiiar they acq:iit themfcives of tlie talk repoied in then, 
 and confequenily ail the meetings of the people for these pur- 
 poles are coriilitiKiona!, and not {'editions and njilammatoiy, r." 
 fr>vinded by the Public Accuier. -*< For if the ori filial right o-f 
 tl the people, be overthrown, the power of the Repi til niu:ivo, 
 <( \vhichis fnbfeqnent and fubordinate, inuii die of itlelf, aid 
 <( becauie I have to do rather with reafbr and the ; tbe 
 
 " th ; no- ; than with lawsj-an-'ct precedents?.* I t'.m happy to fiiicl 
 that De Foe Hood iu L'he fit tjat toil 1 non do, 1 have, Gentlemen,. 
 to da before you with reaibii and the nature of the thing: I 
 have to deal with your r^a'oii : I like that much better *har. av 
 
 or 
 
( 148 ) 
 
 Or precedents; reafon is an emanation of the divine Bein<r 
 Jaws are but the formation of that emanation, and ihe farther 
 the rays diverge fVom the centre, the weaker they grow. 
 
 Gentiemea, you will find that the plain doctrine that I am 
 laying down, has been the language of all times and all ages, is 
 the uoctrine of truth itfelf ; and that I am acling for the public 
 lifi vantage, and not for private or perfbiial emolument ; and be- 
 caufe I hare to do rather with realon and the nature of the thing, 
 thnn with law and precedents. The Crown Lawyers can con 
 fuft and confound a man not bred to the law : They can con- 
 found a juryman with the dull from the old mufty law books, 
 nji.j l-,ii his reafoning to ileep with words conveying a very dif- 
 ferent meaning to what oughc to be attached io them. " To 
 ; ly to what I cjeiign in the following papers, it is 
 *' nect- iluvy to lay down fome maxims other than what a late au- 
 *' thor has fumiihed us with ; faltts ptpuli fopr tin a lex." This 
 will not be controverted by any body, the welfare of the people 
 is the fi it of all laws -, and remember this, Gentlemen, " all 
 " government, and confequently our whole Constitution, was 
 (< originally, de(igned and is maintained for the fupport of the 
 " people's property, who are the governed. " It is for the fup- 
 port of the people, not for the fupport of the governor, '* that 
 *' ail .the members of Government, whether Kings, Lords, 01 
 <( Common^! i'f they invert the great defign of cheir inltitution, 
 (C the public good, ceafe to be in the fame public capacity.' 3 You 
 fee, De Foe ihiblutely infpemls them from their function, the 
 niornent they ceafe to devote their talents to the public good. 
 How many of our placemen and penfioners would be fufpended, 
 if that law was iliil put in execution! " And power retreats to 
 " its original, that no collective or reprefeiitaiive body of men 
 '' whallbever, in matters of politics anymore than religion, are 
 xye been laaitiblt." Here is the axe at the root of t 
 
 " or evc-i'hixye been lafaitiblt." Here is the axe at the root of the 
 omnipotence of Parliament, t( That reafbn is the teii and toucli- 
 (i (lone ot laws, and that all law or power that is contradictory 
 <i to reaibn, is ibfo fafto void in itfelf, and ought not to be obey- 
 f< ed. Some other maxims Icfs general, are the confequence of 
 ** thefe : as /Vr//, that fuch laws as are agreeable io reaion and 
 (( jaitioe, being once made, are binding both to King, Lords, 
 " and Commons, either leparately or conjunctively, till actually 
 f< repealed in due form." Thus much, I ditFer from many great 
 men in the law at preient ; wlio fay, that a baa law \vhen ouce 
 found to be a bad law, ought to be difobeyed in order to get it 
 broken. On the contrary I am for obeying, and every good ci- 
 tizen is for obeying and paying re-peer to the laws, and to no- 
 thing but the laws ; and while a law is in force, let it be never 
 fo bad, I will obey it ; I will point out If I can the errors of the 
 law, but I will obey it while it is in exivbence ; from that confefiiou 
 of faith, you may eafily fuppoie that another article of accufa- 
 tion will fall to the ground, which is that our Coiivention was 
 
 to 
 
( 149 ) 
 
 to affemble and militate againlt the Parliament, in cafe of the 
 introduction of a Convention Bill: We were to overawe in the 
 language of the public Proiecntor ; to overawe the Parliament ; 
 to check them in their proceedings : fb we were : but how ? as 
 a body of men we could do nothing till we had a majority of 
 the nation on our fide. When once the majority of the Society 
 is of one way of thinking, it is proper that the minority 
 ihould yield to it, and that is the firft law of Society ; and as the 
 general good is to be paramount to every thing, fo the will of 
 the few is to fubmit to the will of the many ; and therefore, the- 
 object of our initituiion wasfirlt to diffufe political knowledge ; 
 and fecondiy, to gather the general will. If we found that 
 general will, to be for a reform in Parliament, a Reform in Par- 
 liament we mould obtain ; if we are to be flaves, it is our duty 
 then to lit down iilent, and if not fatisned, we may as a noble 
 Lord has {aid, take our pack on our back, and be trudging. My 
 Lord, at another feafon I might not talk im profitably) but at the 
 present late hour of the night, I think in my mind that 1 have 
 iJid fufficiently to acquit my (elf of all the charges laid againft 
 me, if you will be kind enough to diveft youvfelves of any pre- 
 judice which public papers, public rumours, or public prejudices, 
 may have infpired againft me ; to examine not merely the man; 
 I am myfelf, a. willing and a devoted victim to my country. 
 
 I know if I am left to the mercy of the court, how that mercy 
 will difplay itfelf ; but if it can profit the canfe that I mould be a, 
 viclim, I am willing it ihould be fo : I ha' th&ced death before 
 now ; I am no): afraid of it now, you fee fery fefcm not agitated. 
 J am as cool as yourfelves ; I have ftudieds diSEaiFair well : I un- 
 dertook it not fancftioned by a Pitr, a Rioimioncl, or a Dundas : 
 I adopted it upon reafon and juitice, and I will quit it only with 
 life. Gentlemen, you reprelent you country : your fituation is 
 awful ; you are now to guard its liberties ; you are now to en- 
 courage the plant of reform; a mild and peaceful reform, ac- 
 cording to the temper of men's minds, now may be eafily effect- 
 ed ; but beware of persecution carried on with too much rigour. 
 We know, and hiftory ihews us, that at a certain pitch of op- 
 prefiion the people will bear it no longer, and an uninformed 
 multitude, is what every well-fludied government, every well 
 conducted government mould fear to incenfe. It has been the 
 policy of Europe, and it is a popifh policy, and I am forry to fay, 
 \ve now number two among our Allies who make much life of 
 that policy ; 1 mean thofe who encourage the inquisition and the 
 bow firing, the Pope and the Turk, who have both now ambaf- 
 iaclors at our Court. Ir is their policy that the people mould be 
 ignorant ; it has been the policy of the priefthood, it has been 
 the policy of falfe politicians; but J hope the time is coming, 
 when men will open their eyes to their true intereft, and that 
 feafon when riches are no longer to be poured upon one man 
 without meafure, while a thouikud others are flarvhig. It h 
 
 nccel- 
 
r 15 ) 
 
 tteceflary that there mould be a diitinclion of ranks, and it will 
 take place, but let merit be the way to public offices ; lludy rh.it, 
 and you will find vourielves better ierved, not as the p relent cuf*. 
 to in is, tlie coufin of one Lord, and the fon of another is to be 
 ttiejpropriercr of a borough ; thefe are things much wanted to 
 be reformed. 
 
 Gentlemen, yon have feen how iijght the charges againft me 
 are ; you have had intimation of wnat the mercy will be that I 
 ihall experience. A further intimation that onlers have been 
 i (filed, thoujrh the part from whence thole orders came, have not 
 been developed to you -, yet let me recur to your claim of ritrhts? 
 it is contrary to ths laws of Scotland, that r.ny Mn Filtrate oc 
 Scotland Ihou id a;ft according to any order whatever, except it 
 is according to the laws of Scotland, but not according to the 
 orders of any ilranger. You are in this cafe, without an appeal 
 ill Scotland. You are the representative* of tlie people ; they 
 have entruited yon with their rights and privileges; you are to 
 pronounce on me, whether I am guilty or nor. I have appeared 
 here to anfwer to my country. I hope I have done it to ike 
 laiisfaction of my country, and I hope you will do it honor by 
 your verdict; though the ibphiftry of the public Profecntor ha* 
 appeared in all its defects, i hope that found fenfe and reafon 
 are at work in your minds, and I hope there is not one among 
 you fifteen, but what is podeiuvj of an hontil heart. Confider ; 
 I tell yon confide? HOC me consider your country. Confider 
 the canfe, and cof*tel^r the futility of the charge that is brought 
 agamit me. I *afe tc^y to have detained you fo long, but it is a 
 ferious affair, ari" P^ lc r verdict will not b? confined within tliele 
 \valls; the eyes of j>W.iin are now upon you fifteen rne:i, whom 
 I don't eVen know by name, and who -.perViaps never law an e be- 
 fore, nor I yon; then examine me well, fee if there is any thing 
 {editions in my appearance or behaviour ; fee if there is any thing 
 illegal in wltari have done, though not verfed in the quirks of 
 the law ; and I am glad of it, for I believe the laws, and the per- 
 veriion of the laws by the practice, have made rniny an honelt 
 man a knave. You will fee whether I am ^I'ilty o; the charge 
 laid a^ainil me, what proportion of guilt is attached to me ; 
 whether any part is proved home to me ; whonier any part is 
 legal proof, and whether I was not ferving my country; and I 
 cannot heiitate a moment to think Uut that VMH* verciic't will <lo 
 honour to your country, and julticeto me. Gentlemen, I take 
 my leave of yon. 
 
 Give me leave now to call to your Lord&ips attention, your 
 particular duty. 
 
 Lord jitjlice&crk. I will Hot receive any inftructions from 
 you, Sir. 
 
 Mr. Martrarot. I fiiall take the liberty cf checking your 
 Lorvlfhips, if you do not go on properly. 
 
 Lvrdjujtics Cljfk, You have gone on for four hours, and 1 
 
 v;ould 
 
wonl-l not allow you to be interrupted; if ycra hnd not been a 
 ftranger, 1 would not have heard one third of what you have laid 
 in loin' hours, which was all fedition from beginning to end. 
 
 S U M M I N G U P. 
 
 Lord Jufiee Clerk. 
 
 Gentlemen of the Jury, I dare fay a very .man in Court is fa- 
 tigued, as I own I am ; and after bearing it will net be neceflary 
 toderainyo'.i much longer ; bur I ihall make afew general obferva- 
 tions, which 1 apprehend may be 0f ibtge life in forming a judg- 
 nient upon this cafe. The crime here charged is the crime of 
 Sedition ; and although it is not founded upon any (hiturelaw, it 
 is a crime very well known in the common law of Scotland, smd 
 indeed is coeval with the very juftke of focSety. When man- 
 kind are in a irate of nature, every man is a law to himielf ; bat 
 as foon as fociety is formed, every member of that fociety lie 
 under obligations to one another ; to that iboety of which they 
 are members, to maintain the law and conftitntion of that foci- 
 ety ; and every attempt to encroach upon the constitution oF 
 that fociety, is a very heinous crime, and very feverely purtrfha- 
 ble. Gentlemen, it is a crime which affords different degrees of 
 aggravation ; according to the nature of ir, it maybe applied to 
 private matters, and may be lefs criminal in that cafe, according 
 to the circnmftances. But whenever Sedition has a tendency to 
 overturn the eitablimecl Conflitiuion of the kingdom, it becomes 
 a crime of the molt heinous nature, and of the inoft dangerous 
 tendency, and it borders indeed upon the crime of high treafon. 
 (ieuileinen, the libel here lays the crime charged In the major 
 proportion, as Sedition ; and the public Profecntor has ilated n 
 variety of facts and circurnftances, from which he infers the/ 
 crime ot Sedition, and the conclnfion of the libel is, that all or a 
 part thereof being proven, then he is to be punifhed with the 
 pains of law ; which pains of law in this cafe, is an arbitrary pu- 
 nidiment, and which the Court will make more or !efs, according 
 as they think the circumlrancrs of the cafe drferve it. 
 
 Gentlemen, although the Prosecutor has detailed a variety of 
 fuels and civcmnilances, all of which I {hall fhortJy fhite to yon, 
 ye*t it is not necellary that every fact and c?rcnmftance fhonld be 
 proved, in order to obtain a verdict of o;iiilty ; becaufe, if yo'i 
 are of opinion that fuch fat r ts a?ul cr cumftances are proved, as 
 arc futile lent to eiiablifh ?,gain(t the Pannel an ssccoiation of the 
 crime of Sedition, it founds you in a verdict of guilty, if upon 
 examination of the whole circumft-aju-es 01 the cnfr. you {Iianlil 
 be of opinion, that nothing is proved to eUablilh the crime of 
 
 Sedition 
 
( 15* ) 
 
 Sedition agaitftl him, you will find him not guiky, or the libel 
 not proven. And, Gentlemen, the firH thing to be attended to 
 is this, whether the Society who call themfelvesthe Britifh Con- 
 vention of Delegates, from what you ice of them, can be reck- 
 oned a feditious fociety or not ; that is the firft thing you will 
 investigate. And, Gentlemen, it is a very material circuin- 
 itance, which you will have under your observation in forming 
 your judgment ; and it is this that that Society {lands upon, the 
 record of this Court not above fix or i'even days old, to be a fe- 
 ditious fociety ; when a pcrfon, a fecretary to that fociety} act- 
 ing in that capacity, and a member of that fociety, was found 
 guilty of the crime of {edition, and has been by judgment of this 
 Court condemned to tranfportation for fourteen years, that is 
 a pretty ftrong circnmltance to (hew that this was not an inno-* 
 cent meeting. If it was a lawful meeting, I am afraid that poor 
 man, Skirving, has fuffered very unjufily. In the firft place, 
 there was a unanimous verdict of a moilrelpectable Jury againft 
 him. And, in the fecond place, the Court pronouncing judg- 
 ment upon that verdict. And indeed, Gentlemen, independent 
 of what was eftablifhed upon the trial of Skirving, I think you 
 will be to confider, whether upon taking a complex view of the 
 proceedings of the fociety, it has been eflablifned this clay by pa- 
 role evidence, but chiefly by written evidence, which is not fo 
 capable of error as the other. I fay, whether upon the whole 
 of the evidence of what has been laid before you, that this was 
 cot an innocent meeting, but a meeting of a molt feditious na- 
 ture. 
 
 Gentlemen, they fay that the meeting was for a lawful pu*-- 
 pofe, and that at the fame time that they complain of the griev* 
 ances that the Inbjects labour under, nothing more was meant 
 than to obtain a reform in parliament. Gentlemen, that is the 
 profelfion of the meeting; but then they are obliged to fay, that 
 becaufe their attempting a reform in another mode was a much 
 more criminal act if they did not prevail, but you will attend to 
 the facts, and fee how far what is proved in this cafe, is con-~ 
 liltent with the idea of a reform in parliament ; and when you 
 fee them holding out that the parliament is guilty of the grofleft 
 irregularities, as having no regard to the laws or the good of the 
 fubject, and in fhort, that we are at the brink of ruin. When 
 that is the light in which they pretend to hold forth the parlia- 
 ment, it is impoffible to believe but they mi: ft mean for.iething 
 t-lfe than a reform in parliament ; they could not well expect to 
 get a redrefs of their grievances from a parliament whom they 
 have thought proper to (late in fuch terms.- 
 
 Gentlemen, if a Society of fo many people, dividing them- 
 felves into Sections, Committees, corning from the Sectiors, 
 motions made, and upon this a Committee of Secrecy appointed, 
 and a Convention of Emergency eftablifhed, and the linings de- 
 clared permanent, and aJl that Was this neceilkry for a reforra 
 
 in 
 
( ''53 ') 
 
 in parliament ? I think there could be no occafiott fc- all this 
 fecrecy ; an application to parliament fee;ns inccM'iK : . : 'ii 
 the idea of ir. I ain afraid it infill finis'fy yon you will oo^fi. 
 cler the. whole of ir, whether the evidence does nor fhe\v you, 
 that fomething elfe than a reform in parliament was inur< ; ed. 
 You fee, that they have elbibljfhed a Convcntion-of 'Jlmet cnry, 
 in the cafe of a Convention Bill !>ein bvott^ht into pa; H:i;:u -nu, 
 fimilar to thai bro'itrht into the parliament o!-* Ire-ami. -Ar.nther 
 Was in the cafe of mat meeting being difperfed ; and the i u.d 
 was in-the cafe of an invafion, or in cafe of the landing cf rVeign 
 troops. Now fuppofing that they had nothing bin fair and ho- 
 neu: intentions in the cafe of a foieign in'vaficn, they were td 
 j >in the government to repel that foreign force, was theie ai^ 
 thing there that was an object of fecrecy : \ chink the-more ]*ViL- 
 lic their refulutions svere, when of fo virtuous a nature, caicu- 
 lated fo much for tl:r good of the public, the more public they 
 were, fo much the better : and it could not be an ot-jetft of fe- 
 crecy. 
 
 That therefore taking all thefe circ'uniftinces tocrether, lam 
 afraid that there is norliing but what is irreconcileable wish in- 
 nocence. But, Gentlemen, in order to conftitme the crime of 
 fedition, it is not neccfl-iry that the meeting fiiov.l'd have had in 
 view to overturn the conftiuition by mobs and by violence, to 
 overturn the Kino; and Parliar.it- nt ; for 1 apprel.clui, : n feme 
 fenfe the crime of fed i tip n confilts in poiToning the minds of the 1 
 lie^eSj which may naurra'dv in tle end have a tendency to 
 promote violence -agaJnii the Hate, and endeavourins to cie- 
 ate a diu'iMsfaclion^in the coniury, w'nich .nobody cm* tell 
 .where.it will end ; it will end very naturally in overt rebellior, ; 
 and if it has that tendency, though not in the vie\v of rhe par-, it A 
 at the time, yet if they have been, guilty of poifoning the mhids 
 o( the lie.ges, J apprehei.d that will conltitute'-the crime of fecli- 
 tioii toallinrenis and pjrpofes. Nov.% Gentlemen, take a vieiv 
 of the conduct of this meeting, and atiend t'o the time when:all 
 this reform, , all this noiie and declamation is iliade againtl tue 
 eonftitution ; it is at a time when we are at war -with a great 
 Hation, a cruel ferocious nation, that requires all our tlrength, 
 and not only oar ftrength, but the fbength of nil our aliies,to ; 
 
 fet the be ter of them ; and the p^reaiefi: unanimiiy is nece:.u-y, " 
 fub ! riit to vou, whether a man that wifhes well 10 his country, ' 
 would come forward. and infill upon a reform, parliamentary. or '. 
 not parliamentary, at dich a crifis ; which Avould creare difcoii- v: 
 teat in the minds ef the people, when every good fubjeiil '.voavl 
 promote unaniaiity among the lieges to meec the common ene- ' 
 ,niy. I. fay, in place of th it, to bring forward a great reform in" 
 parliament is a thing roially incondliejit with the conHiintion of 
 this country. I fay, bringing it forward 'at that period is a 
 ftronn;, proof that they were not well withers to tire conilitutibn, 
 1> Jt eweinies to it. I fay that no *ot)d fnerntjer'of'Tociety would 
 
 U iwv*" 
 
( '54 ) 
 
 have taken thofe meafures. I appeal to you all, that you are 
 living under a happy government, in peace and plenty, in per- 
 fect fecurity of your lives and property, the happieit nation 
 upon the face of the earth ; and when that is the fitnation of 
 this country, I appeal to you whether I have not g.ive;i a fair 
 and jnft defcription of it ; for a fet of men in that fitnation to 
 raife a faction in the minds of the lower order of the people, 
 and to create difaffection to the government, and confeanently 
 make a divilion in that country. I (ay, thefe things appear to 
 be from the very conjuncture at which they arc brought for- 
 ward, fedition of a very high nature. Now, Gentlemen, yo'u 
 will take into confideration the whole proceedings of this meet- 
 ing, and take a view of what (lands upon the records of this 
 Court, that that Convention is already determined to be a meet- 
 Ing of an illegal nature. 
 
 The next queftion is, whether you can pronounce this Gcntle- 
 Tnan at the bar innocent. I will lay it down as a principle of 
 law, and not peculiar to this country ; it is the principle of the 
 civil law, and 1 believe the principle of every law in every well- 
 governed (late, that where a number of people are concerned in 
 a crime, that each and all of them are guilty ; part or part of 
 noting in different parrs in the commiifion of the crime, as fon>e 
 may have been more active than others, they are all of them in 
 the eye of the law equally guilty, and liable to punifiiment ; 
 that is the law of Scotland, and 1 believe of every civilized coun- 
 try, and therefore if this is an unlawful fbciety, the man that 
 is preiulent of that fociety, is liable for every thing done in that 
 .fociery ; and is amenable to a court of juftice, for the crimes 
 there committed. 
 
 Now, Gemkn>en, thequeflion is, if this be a feditious Society 
 \vhether you can pronounce Mr. Margaret innocent. In the firft 
 place, you fee that the public Profecutor has eftablifhed that he 
 \vas fent down to that very meeting from England, as Delegate ; 
 he comes down for no other errand under the fun. He leaves 
 his bcfinCi's of a merchant in London, and attends this meeting 
 in the character of a Delegate ; that I apprehend is taking a 
 ftroag part in the proceedings of this feditious illegal Society. 
 Yon fee hi;n at all the meetings almoft, and you fee him the 
 jiioft active of all the meeting. He is chairman upon one occa- 
 lioii, and he is making fpeeches and harangues upon another : 
 and you will attend to that motion by which the Convention of 
 Emergency was eftablifhed, by which a Committee of Secrecy 
 was eftablifhed. The Committee of Secrecy confitts of four 
 members, and the Pannel is named one of the four, that is hi 
 evidence before you ; and if you take all thefe things together, 
 lie comes down to Scotland, leaves his buiinefs in London, and 
 attending thefe meeting? daily ; you fee him taking the active 
 part, mating motions, and making that very important motion 
 for a Committee of Secrecy ; and he was named one of the 
 
 Com- 
 
( 5S ) 
 
 Committee. I leave it to you, Gentlemen, whether you can pro- 
 nounce him innocent of the crime of Sedition. Gentlemen, I owii 
 at the lame time that this Pannel mews a good deal of" ingenuity, 
 though I cannot applaud his discretion or judgment. The crime 
 charged is Sedition : and 1 think he took up tour hours in a defence, 
 which was f edition from beginning to the end ; finding fault 
 with the Constitution, and I ihink a fpeech of a very feditious 
 tendency, and 1 will not trouble you with any more of it. I 
 have given you the general idea of the cafe ; if you are of opi- 
 nion nothing is proved againtl this Gentleman, find him not 
 guilty; on the other hand, if you think the facts and circum- 
 itances fufticiently brought home againlt him, you will find him 
 guilty. 
 
 TuefJay, January Itfh, 1794. Halfpafl One o'clock. 
 The names of the Jury having been called over t they brought In 
 
 VERDICT. 
 
 Edinburgh, Jan. I4tb, 1794. 
 
 The above aflize having enclofed, made choice of thefaid Sa- 
 muel Amlerfou to be their Chancellor, and the (aid John Balfour 
 lo be their clerk ; and having con fidered the criminal libel raif- 
 ed and purfued at the inftance of his Majefty's Advocate for his 
 Majeity's intercft, againit Maurice Margarot, Pannel, the inter- 
 locutor of relevancy pronounced thereon by the Court, the evi- 
 dence produced in proof of the libel, and the evidence adduced 
 in exculpation of the Pannel, they all in one voice find the Pan- 
 nel, Maurice Margarot, GUILTY of the crimes libeled ; in witnefs 
 whereof, their faid Chancellor and Clerk have fubfcribed thefe 
 prefents in their names, and by their appointment, place and 
 date as ;U)o ve. 
 
 (Signed) SAMUEL ANDERSON, Chan. 
 JOHN BALFOUR, Clerk. 
 
 . 
 
 Lord Juflice Clerk. Gentlemen, you have pronounced a very 
 accurate verduft. This is a trial of great importance, and the 
 country is obliged to you for the attention you have paid to the 
 caufe. If you have any thing to fay, Mr. Margarot, now is the 
 time. 
 
 Mr. Margarot. Undoubtedly I have, my Lord. I did not yef- 
 terday ftart objections on facile grounds. I objected to the 
 competency of the Court; I object to it at prefent ; I informed 
 
 your 
 
C 'SO ) 
 
 your Lordfhjpr,, that I meant to bring an. appeal agaiull the 
 
 \vh: !e procedure, in confemience of that incompciency. You 
 
 proper, at that time, to reptlmy objeclioji, but I now 
 
 j: 'il iuitaiij ir : it i.3 in confccpence of the abfence of the Lord 
 
 hm! ; 1 was charged to appear before 
 
 hiMi : hw does not ay>tv.r in lis place; I dm my duty, he negkc't- 
 t I the Co- .lir.ly ^ as necefliiry 
 
 :-e fho'dd' attend, o-he: v-iff tire I \\\. would' have run, 
 
 rerfcrral, the Lord |r. dice Clerk tr the other 
 clV, i i >>i, tfW 'tire other Lords of Jufti- 
 'ilnit ncccffity that lie (hould be iu 
 , the Con.' t was not even by th$ Public 
 autardjc:-".ed romy 1 .:" e. I likpwifc nu-ai> to b: -ing an ob- 
 . ,-ible, v/Icirh is t';at which I experienced ri the 
 rrial. I was net -'ble, thGL',h I had performed all 
 the lcjal ctreinoiiies^ ! \\ us \\oi alU* i^bccur.fe fome 
 
 r.Teii H^no ,: ;y that lefpcvt to the laws winch they ou'j.ht to uo) 
 ro a.hiiice icvr.al c;f my excup?.tor.y w'itnedes : ycnr LordfTiips 
 refuf.'J. ;'o ^rant \r.c a caption ; your Lordfhips' rcfui'Kl to grant 
 rie delay f con f'equ. u:]y, the moll material evidences, that 1 
 could invc brotj^U: hi r>.v' ov:n- dcf-. j :>:v, \vere ciuircly denied 
 me: biitj, tny ' r-v.!, -\lthon Rh that deirial ^'^s in confecjuence of 
 an 'niicrrjor, oi'tliis Couvr, that your Jmifuk".iun did not extend 
 
 to K>jVlan ! ; yef, 'a part of my Indictment was founded on 
 crimes iaid to be cam<n5ttcd in England, and- relative to the 
 people of England, ir is odd, that von fhould take cogni7ance, 
 in i bis Court, of crimes relative i o the people of England ; 
 when from England yon cannot compel the attendance of a 
 finujc wiinefs in my favour. 
 
 There is. my Lord, an objection again, which is entirely 
 ]:>cal, which is confined to Edinburgh iiYc-lf: I have f'imnunied a 
 r.u'ii, as exculpatory evidences ; iwo of ;bem were at- 
 f", the third was not attending : bur ro notice -w .is. taken 
 of him. Thefcmen 1 wife, to c;li bfo Court, to o^n-ire as 
 ex:-n'prro?-y cv'.(*cnces for me. The I. --vd Jufbce Clerk it- filled 
 tspon ir-y teliir;^ the n-ature of tlie qucitioiis I inieiu'.ed ro put ; 
 1 gave him the outlines of them,' upon which he thought pro- 
 
 vefufe the ad-niiiMon r.f thnfc -evidences. 
 
 A;:otiier charge relates to yc.v.rfcif : I had ordered the mef- 
 fencer to ftiumxMi yowrL-Qroflnp u-on cfiLiiin t'-^'ts, which went 
 to prove, that it \vas x very likely I had alreadv, before my trial, 
 been prejudged. Your Lordfliip v.as not fojnmoued, in confe- 
 <j='ience of tlie fear of this man cifVndinp; a perfcn in power, 
 b'h , at the beginning of the trial, your t.ordfiiip tout me, and 
 the Public FvofecKtor, to hisjuflice be it raid, rck* owleclgcd that 
 the <ee;al point Should be obviated, and that von il.oold attend as 
 an exculpatory evidence ; but \vhen k cair.e ro the point, yon 
 .;; r?. be put upon yonr oarh., sr*d to anfwer the rpieil'OPS 
 propoieol to you. Tho'fe queilions went to criminate yourfelf, 
 
 my 
 % 
 
( 157 > 
 
 Lord; they reraam unanfwered, by the aJ vice of your "brother 
 Judges. The confluence was, that my defence was neither 
 ib complete, my exculpatory evidence not fo fatisfacfcory, and 
 1 make no doubt bat that it is owirtg to that that the Jury, of 
 whom I (hall take n.o notice at prefeut; that is the bufinefs of 
 their country, not of me; that the Jury have thought proper 
 to find me guilty. There is another thing, fhould thefe objec- 
 tions he repelled"; I have another to bring forward, that will not 
 fo eafrly be got rid of. It feems to be the cuftoin of Scotland, 
 that the \virneff .-s are crtnfined to a chamber by themfelves, and 
 i>o ftranger admitted amongft them ; that was not the cafe yef- 
 terday ; a'perfbn, of the name of James Carlifle, was converting; 
 .with them a confiderable time in the outer houfr. Thefe are 
 objections for llayino judgment. The two- (I: ft objections 
 tc cancel the who 1 . 2 proceedings, ar.d the three laft at leaft to 
 Itayhig of judgment. I have no more to fay at prefent. 
 
 i l-'ji : ci C'^i-k. You will not be allowed to (peak after* 
 ward?; :v.id, ihsrefcre, if you have r.ny thing move to fay, you 
 jiintt-fpeak out. 
 
 Mr. Margaret. I hsv jiothirg more. It was faid yefterday, 
 I was not ver.'bd m rhe Lavrs of Scotland : it is true, I am not; 
 but I have fo; <e fll^hr knowledge of the BritifliConftkution ? and 
 I malt obferve here, thar the proceedings of this Court have been 
 a departure, int^io, from the Biitiih Conftitution. I will fay no 
 more, J n'uit your fenrence. 
 
 L.ordfi . My Lords, this Pannel has fl-atcd the very 
 
 fame objections that he ftated yciterday, except one, which 
 (tares i hat there were ftrangers with the witnefles in the other 
 room ; ar.d, if it \vas fo, the officer who had the charge of ther.i 
 may be culpable and pnnifbable ; becaufe it is contrary to the 
 cutloni of the Court : but, my Lords, to fry that it {hall annul a 
 vcrdid-, or fiay judgment, does not appear to ine to be t all 
 the practice. It is impoiiil^e for the Court but to proceed upon 
 the verdict, and I timft give my' cp : .mou upon this head, that ic 
 is not a valid objection. 
 
 Ltrd FJkvrwe. My Lords, The Pannel new at the Bar had 
 more indulgence than the Court ever gave a Pannel before, be- 
 caufe he was a ltr:mgcr. My Lords, 1 cannot help taking no- 
 tice-ofan infinuation, on the part of the Pannel, to the Coitrt 
 by threats of impeachment, and threats of being brought upon 
 our knees, or futfering the pains of death. 1 am happy the 
 Pannel has not thought fit to renew that language fo day ; yet I 
 would not fie altogether upon this trial, wirhovt Minifying my 
 opinion, that ir it had not been, that we held in contempt inii- 
 nuations of threats to us, that ave illegal ; fo, on the other hand, 
 we will fubmit to every appeal that is competent, if there is any 
 fuperlor ;iuti;ority, we will readilv fubmit to their deciiions. 
 But, my Lords, ir is not for this man, or any man, to think to 
 terrify this Country into a fubverfion of jvritice. Had lie been 
 
 a native 
 
( '53 ) 
 
 a native of this country, be would not have been fnffered to go 
 on as he did. I approve of his condudt to day, which is more 
 remperate ; bur, for the fake cf other* who might be here yef- 
 terday, and i'.s-:ie who may hear of it, I \vill fay, that it is not 
 the right of a:iy prifoner to go out of his defence, and attack the 
 Court, who are able to defend themfelves when the attack is 
 made. I was of opinion, with my Brothers, upon the objec- 
 tions yeft'erday, and therefore it is not to be fuppofed I fhonld 
 not he of the dune opinion to-day, nnlefs fomething new had 
 been urged. The objection as to the Lord Juiiice General was 
 fully aiuwered ycfterday, and does not deferve any notice ; as 
 to the cmeiUons put to yoar Lordfliip not bring aniwered, it was 
 not becaufe of your being a Judge in this Conn, but becaufe of 
 their being irrelevant 10 bis defence. As to his objection of a 
 Granger being admitted \vitb the wunefies, I am forry that any 
 fiich ihing fhould happen. He may have been lent from either 
 party, or he might hav. no connection with any party; but ic 
 is a ftrange thing to fuppofe, that fuch an accident ihould make 
 null and void all the proceedings of this Court again (I this Pan- 
 nel ; and I am the more furprized at that objection being made, 
 01 i account of his being a native of England, where he mult well 
 know that it is the general practice that the witnefles are not at 
 all inclofed, but they are in Court during the time of the trial. 
 Not hut we allow that it is fometimes ordered otherwise by the 
 Court, and in this cafe it feems to have been by accident. It 
 docs not appear at all that he was tampering with the witnefles ; 
 and tliereiore no blame lies upon the Court, avid it is needlefs to 
 feek any redrefs in the way in which it has this day been done 
 from this Court. 
 
 L'jrd Swiuton. My Lords, The only new objection is, that a 
 perfon of the name of Carlifle was admitted among the witnefles ; 
 if that was valid, the objection is now too lare ; it ought to have 
 been made when they were brought to be examined. My Lord, 
 every winiefs, in a mod folemn manner, was fworn and afked 
 upon oath, whether he was inftrncted or taught as to the evi- 
 dence he was to give, and an anfwer was made by every witnefs 
 upon oath, that he was not ; and therefore, if there was any 
 th?h g in the objection, it was done away by that ; and there- 
 .fore it is my opinion, that it mould be repelled. 
 
 Lord Dun finnan. I am of the fame opinion, and I don't think 
 it riecellary to enter any further into it. 
 
 Lord Absrcr.oiub'tc. 1 am of the fame opinion. 
 
 Lord Jnfiict Ckrk. I am entirely of the lame opinion, and I 
 tell the Pannel, that if the Court were to fuhVain the objec- 
 t-on,, it would not avail him as an abfolntary from the crime 
 \vith which he is charged ; even if it would make null and void 
 all the proceedings ; becaufe be would be liable to be tried over 
 again. He muft be convinced that he has had a fair trial ; he 
 on for four hours in his defence ;. he is a ftranger in this 
 
 country, 
 
country, and not having counfel, we allowed him to go on in A 
 manner in which we \voulcl not have permitted a native of Scot- 
 laud ; he went on for four hours in fucii a way as was contrary 
 to the Conftitution of the country, and your Lord (hips will now 
 proceed in giving your opinion upon what {hall be the refuU of 
 this verditft. 
 
 Lord Mend^rland. My Lords, The Jnry having difcharged 
 their duty to their country, by a patient hearing of this trfal, 
 after, I am peffuaded, a full consideration of the evidence, it re- 
 mains for the Court to conficler what may be an adequate punifh- 
 incnt of the crime he (lands charged with. My Lords, the crime 
 of which he has been found guilty is fedition, and it is derailed 
 in the minor proportion, taking an active and diftinguiftied parr 
 in the deliberations and proceedings of a fociety, whole meet- 
 ings were held under pretence of procuring a Reform in Parlia- 
 ment, but which were of a dangerous and deflrnctive tendency, 
 with a determined intention to difturb the peace of the commu- 
 nity, and to fubvert the prefent Conftitution of the Country. My 
 Lords, it is a molt dangerous ct ime, and moft extenfive indeed in 
 its confequences. It appears in evidence that this was a Conven- 
 tion, forming themfelves into a Society, calling themfelves Citi- 
 zens, Sections, Committees. In Ihort, afluming the form of a 
 French Parliament, thereby {hewing that tliey wished proceed- 
 ings to take place here of a (imilar nature to thofe of Franc*. 
 My Lords, 1 fear not the fword of the enemy, or the poignard 
 of the aflaflin, while Jitting in my place, discharging tlie flic.red 
 office of a Judge. I mall give my opinion as it flakes my feel- 
 ings ; I fhall give my femimems, as they appear to me to be fup- 
 ported by Law, This charge is that of active Sedition ; and the 
 diftincftion between this charge, and that of leafing making, is 
 an impei feet one; for it is to demonftration capable of being 
 proved, that, before the union, there did exilt Sedition, com- 
 mitted by words in falfe argument, by attacks upon the Conili- 
 tution, and upon the legiflative bodies of the ConiHtution. It 
 can be demonftrated by the records of this Court, that there was 
 a common law fedition, different from leafing making ; and upon 
 which this Court held itfelf competent to found a libc! ; to infer 
 an arbitrary punifliment. Therefore, in whatever point of view 
 I take the charge againft this man, (though I chink it amounts to 
 active Sedition), 1 have no doubt that this Court has power to 
 jmnifti it, by the hiaheft arbitrary puniihment. 
 
 My Lords, I doubt not that what I now fay will be made pub- 
 lic : I obferve that it is falfely fet forth, in one edition of a late 
 trial, that I laid, it wrung my heart to mention the crime of Se- 
 dition. 1 am in the judgment of your Lordihips, and every :r,an 
 who heard me, I faid no fuch thinn- I (aid, it wrung my hean 
 {and 1 own that it did) to fee a Gentleman, a young Gentleman, 
 \vlio had received a Gentleman's education and who 1 ad difcp- 
 vered abilities not inconfiderable, mould be the object of fuch 
 punifliment. My 
 
My Lords, this Gentleman is a ftranger, and Fo-Ty I am that 
 he fhould have couie into this Country. I regrer, as I mu'ft do, 
 the consequences it has had, and the conduct that he has a3 tim- 
 ed. It now becomes my duty, a^ a Judge, to f\y what fort of 
 punifhment this crime deferves ; and, 'my Lords, I know no other 
 way in which I cauld discharge my dmy to Gad, to^my country, 
 antl to "my own conscience, but by propoiing to your Lordfhips, 
 that this man mould be banifhed forth of this kingdom by traaf- 
 portation ; or, in common language, lliould be tranfported to 
 fuch part of his Majeity's Dominio.is, as his Majefty, in Council, 
 fhall pleafe to appoint ; and there to remain for the fpace of 14 
 years, under pain and penalty of death, in cafe of return. 
 
 Lord Ej^^rov: 1 . My Lords, the Pannel has bc^n found, by the 
 verdict of a Jury of his country, guilty of the facts charged a- 
 gainft him. My Lords, we yeilerday gave our opinions upon 
 the validity of the Indictment, all, in one voice, finding that Se- 
 dition was a high crime, by the laws of Scotland. Tour Lord- 
 fhips were alfo of opinion, that the fatfis charged and alleged 
 by the Public Profccutor, in the minor proportion, amount- 
 ed to the crime of Sedition. 1 will nor now rep.i-a-:, what has 
 been well obferved by my Lord Henderland, who has gone be- 
 fore me, as to the grounds of that opinion. My Lords, as the 
 cafe at prefent (lands, I am forry this Gentleman fhould have 
 been guilty of fuch a crime ; but a Jury of his country have found 
 that he is guilty of the charges in tins Indictment , and there- 
 fore I in iip way differ from your LordTaip in thinking, that 
 the Jury have difcharged a duty to their country : but, if I had 
 been o/another opinion, my duty would have been one and the 
 fame, which is to pronounce the fcntence of the law upon the 
 perfon found guilty, by his country, of the crime charged, av.d 
 carrying it into execution, by a punifnnient fuitabie to the of- 
 fence. It is unneceflkry to go through the circuni [lances ol this 
 Indictment, upon all of which the Jury have returned a verdict, 
 finding the Prifoner guilty. My Lords, it may amount to the 
 finding him guilty ofleading, as well as affifting, a number of 
 people, fly ling themfelves a fort- of Parliament in this country, 
 for the purpofe, as 1 flated yefterday, of fubverting the ConfH- 
 tution. of the country ; and then there is a more fpscific enume- 
 ration of facts; It fets forth, that they were to fet at defi- 
 ance the authority of the legiflature ; that even if an act was 
 moved for, .difagreeable to them, they were to meet in a fecret 
 Convention ; they thought fit to be concealed, in order to delibe- 
 rate 'upon what was to be done ; they were, likewife to do the 
 fame, if there was an invalion : and what invaiion is to be feared 
 at this time, I leave to the judgment of every one who hears me. 
 Alfo, in cafe of the landing of foreign troops, for the fupport of 
 the government of the country, that was to be the caufe of the 
 fudden meeting of this Convention : Alfo, if the Habeas Cor- 
 pus Act was repealed': And laftly,,'iF any interruption was 
 
 given 
 
given to their meetings tills Convention of Emergency was to fit. 
 What coliclufion can be drawn from fuch language; but that 
 they meant 10 fivbvert the Coniticntion of the country ; that it 
 was meant to be carried On in a ftyle of defiance and oppoiitiou 
 to the legifiative authority of this country ? therefore, it is in vain 
 for any perfoii, pretending to know any thing of the Law of 
 Scotland, to fay this is merely leafing making. I fiiali only fay, 
 that k would have been difficult ,' if it had not been for the alie- 
 ration of the ftatute law, to know whether it would not have 
 -amounted to the crime of high treafon. My Lords, the Jury 
 have found this man guilty: he is an Englishman. I am lorry 
 that any of that country ihnuld ever have interfered in the peace 
 and tranquiliiy, either of their own country, or of this which is 
 -a part of the united Kingdoms ; but 1 think we cannot pronounce 
 a lefs fentence, in this cafe, than in the former cafes ; and if any 
 difference is to be made, I do not think it is in favour of this 
 Defendant, who, in his own country, might have lived peacea- 
 bly and quietly. My Lords, there can be no fort of doubt with 
 regard to the powers of the Court : By the laws of this country, 
 before the AA of 1708, Ranidiment from the realm of Scotland 
 was one thing, and Bariifhnient to a place beyond the feas w ; as 
 another ; and thefe were as Well known at that time as at this. 
 But, my Lords, is it proper that a perfon from England being 
 found guilty of attempts to fubvert the Conftitution ; is it rea- 
 fonable that we mould return him to England, in order that he 
 may continue his practices there, if fo inclined ? If we were not 
 able to do more, \v e could not help it 5 but, I fay, the power of 
 banimment, by tranfportation, has been long recognized in Scot- 
 land, as well as in England. The Court can do no lefs, than 
 make ufe.of the power which the law gives them, to fend him to 
 a place where he can do no harm. My Lords, if I had any 
 doubt about it, your judgment in the cafe of Mr. Muir, where I 
 was not prefent, but where the other Judges uniformly gave 
 their opinion, that this mode of banimment, by tranfportation, 
 was the proper punifhrnent for fuch an offence ; that would be 
 fuificient for me to concur in the fame opinion. If that punifli- 
 ment was not too much for Skirving, the Secretary to this Con- 
 vention, who appears to be a fimple deluded man, it cannot be 
 top much for this gentleman, who is, fb far as I can judge, a man 
 of abilities, of coniiderable knowledge, and one who^took the 
 lead in this Convention ; and therefore, I concur in the punifli- 
 ment mentioned by your Lordfliip. 
 
 Lord Su)'micn. My Lords, I have no 'difficulty in concurring 
 witivyour Lordfhipsin the punimment you have fb Belted ;and, 
 after what lias been fald by your Lordfliips, I fhall only take no- 
 tice of a very few things ; My Lords, the crime of fed it ion is 
 worfe in one refpeclt than moft other crimes : many other crimes 
 are committed from the fudden impulfe of "pa (lion, or heat ; but 
 this crime is -committed with a premeditated, felonious intention, 
 
 X by 
 

 
 by deliberating, upon the means of overturning our ConfVitiuioit. 
 They begin with feditious and inflammatory difcourfcs, endea- 
 vouring to draw fimple, and perhaps well meaning, people after 
 them, by pointing out imperfections which will be in every go- 
 vernment whatever, aiid placing them in a ftrong light; and, in 
 the nexc pla ;e, by feditious writings. My Lords, in this cafe the 
 delegates meet, anil they appoint a Convention of Emergency ; 
 and what are thefe Conventions of Emergency ? firft of all, ibr 
 the purpofe of over-awing Parliament ; and one of their refo- 
 lutionsis, to pay no regard to fuch an a<it of Parliament if it 
 fliould pafs : that is, they defpife the legillative authority of the 
 country. Then, in the cafe of an invafion, and it is eafy to fee 
 \vhat fort of an invafion was meant. 1 decline going through all 
 the other particulars of this libel, which is found to be a true li- 
 bel in every point. My Lords, what have they pretended? 
 They have pretended a refonnation in the Constitution. 1 fay, 
 my Lords, there is no need for it ; our Coniiitutio'n reforms it- 
 felf. With reg9 d to trial by Jury, which is the palladium, in 
 jny memo.y three arts have been brought in for reforming this 
 point: one lately, giving Juries a power to decide upon the 
 whole matter, in cafe of libel ; and we have no need oi fuch 
 Reformers as thefe. 
 
 My Lords, ir there is any difference between this cafe and that 
 of others, the crime of this man is highly aggravated : he is not 
 of ihis country ; he does not feel any hard/hips from the govern- 
 ment of this country; he comes from England, for feditious 
 purpofes, as {tared in this Indictment ; and therefore, if there is 
 any uHUnclion in this cafe, it is unfavourable to this Fannel. I 
 am of opinion, vmh your Lord mips, that tranfportaiion for 
 fourteen years is the proper piinifhment. 
 
 Lord Dunfi;:nan. My Lords, after the moft patient hearing of* 
 this cale, by a Jury, they have come to that determination which 
 ienfible, honeit men alone could come to : namely, finding this 
 Pannel guilty. There is no doubt but he has been fent into this 
 country, in order to difl'eininate (edition ; and, it is evident, 
 ilm lie was very fedulous in the execution of that office. The 
 Jury, having found a verdict of guilty, it comes to the Court to 
 coniidcr what punifhinent this crime deferves ; and, my Lords, 
 though it is not -plea/ant to pafs judgment upon a fellow fubjecT:, 
 crimes, dangerous as thefe, caimor be overlooked. My Lords, I 
 am of opinion that this man's guilt is aggravated beyond that of 
 others, who have been in the fame circumilances ; and that trarif- 
 portation for fourteen. years is the proper punimment. 
 
 Lord A Jtr crumble. My Lords, k has been juitly obfei ved, thar., 
 during the courfe of the trial, the Pannel, now at the bar, met 
 \vith an uncommon mare of indulgence : I believe far beyond 
 \vhatanyCourtof Juttice, either in this or any other .country, 
 ever afforded a Pannel. My Lords, I don't feel, and never mall 
 feel myfelf' difpoied to fay one word to load any man, who Hands 
 
 in 
 
( 1*3 ) 
 
 in the unhappy firuation that he docs ; but I am Tony to obfervey 
 that from the moment he appeared at the bar, till the inrrant he 
 was carried out, his whole conduct was of the molt indecent 
 kind. My Lords, the crime v. ith which he ft.inds charged, and 
 of which he is found guilty, by the unanimous voice of his coun- 
 try, upon the moil fatisfac'tory evidence, is that of Sedition, andl 
 my Lords, his crime is highly aggravated by one circnmitance, 
 wnich appeared in the courfe of the trial, that he has been ftir- 
 ring up Sedition in this country, and initiating fuch unhappy 
 men, as you faw here yefterday ; for example, one of the Mem- 
 be s of the Britim Convention, who was fo ignorant of the Con 
 Ilitution of his own country, that he was obliged to admit, that 
 he never fo much as read the Claim of Rights. My Lords, is it 
 to fuch men as thefe that we are to reibrt, to get a redrefs of 
 the grievances of this country ? 
 
 My Lords, if we are to judge of the means he made uie of 
 from his fpceches in the minutes of the Conversion, and the 
 fpeech which we heard lafr night, fure I am, that his intention 
 was, to Jlir up a fpirit of difaiFection and dlfcontent aino:\; the 
 ignorant and the uninformed ; and, my Lords, I ccniider the 
 circumitance of this Paimel being a itranger to this country as 
 an aggravation of his crime. 
 
 My Lords, this Society called themfelves originally the friends 
 of the people ; they afterwards changed their name, calling 
 themfelves the Britim. Convention of Delegates, afibciat.ed to ob- 
 tain umverfal fuffrage and annual Parliaments; a right which 
 the fubjects of this country never did enjoy : fuch a right would 
 tend to brjng ruin and deitruclrion upon this country. I fay my 
 Lords, that to this man, they owed that change, and that form 
 which they aflumed, and of which we have heard fb much. 
 
 My Lords, I (hall only add, that the punHbment p opofed is 
 the mildelt, which, under all the circumftanccs or the caie, ought 
 to be pronounced. 
 
 'I,o?' I Juftlce Clerk. My Lords, after the full difcufilon which 
 this crime has undergone, within thefe three months, I mall 
 only jtift obferve, that the crime of which this Panii'-J is accufed, 
 and now ilands convicted by the verdict of a molt rt-fpectable 
 Jury ot' thisCon-ntry, is Sedition ; endeavouring to overturn the 
 eitablifhed government of this Country, which is, of all crimes 
 known am inglt mankind, of the mofc heinous nature and the 
 woft dangerous tendency to Society, and well merits the high eft 
 arbitrary punifhmetit that this Court can poffibly inf/ict. You 
 have had two trials before } r ou, one within theie few months, in 
 which the Pannel was condemned to tranfvxvrtaiion for 14 years, 
 and the other yon condemned wirhin thefe few days for the fame 
 term. The moment I heard the verdict 1 revolved in my own 
 mind the circiimltances attending this cafe; -but it is impoilible 
 that we can, agreeable to the jurHce of th Country, inflict a lefs 
 puniflunent j the only doubt that occurred to iue was, whether 
 
 we. 
 
 J 
 
we ou<rht not to go further ; for I did fee a material difference ; 
 this cafe being attended with circmnftances highly aggravated 
 and bffenfive to the Laws of this country. 
 
 If* this Co UP. try fuffers any grievances, I am fure he felt none 
 of them : he lives not in Scotland, has no p> operty there, and, as 
 a (Granger, he comes into this Country a man with a great deal 
 of abilities and great elocution, he comes here for the exprefs 
 purpofe of djffeminanng Sedition among the lower order of peo- 
 ple, in this Country. I cannot confider it as any thing but Sedi- 
 tion highly aggravated. I did think that this crime defer ved a 
 more fevere punifnment ; but 1 have always more pleafure in in- 
 fliifling a mild puniuiment than a more ievere one : and as your 
 Lordfliips are all of opinion, that we mould inflidt the fame pn- 
 niihnient as in the cafe of Skirving and Muir, I concur in the 
 fame opinion, that he ihall be tranfported for the term of iq 
 years, with the ufual certification, 
 
 SENTENCE. 
 
 The Lord Juftice Clerk and Lords Commiflioners of Judiciary 
 having confldered the foregoing Verdi A, v\ hereby the Affize all 
 in one voice find the Pannel GUILTY of the crimes libelled : 
 The foid Lords, in refpecft to the faicl Verditft, in Terms of an 
 Ac^i palled in the 2>th year of his prefent Majefty, entitled, " An 
 tC Aclfor the mqre effectual Tranfportion of Felons, and other 
 <{ Cffc'iulers, in that part of Great Britain, called Scotland," 
 ordain and adjudge, that the faid, Maurice Margaret be 
 Tranfported beyond Seas, to fuch place as his Majelry, with 
 the advice of his privy Counfel, fiiall declare ar.d appoint ; and 
 tlitir. for the fpace of fourteen years from this date; with certi- 
 fication to him, if, niter being fo Tranfported, he mall return to, 
 and be found at large within any part of Great Britain, during 
 the laid fourteen years, without fome lawful caufe. and be there- 
 by lawfully convicted, he mall ftsfFer death, as in cafes of felony, 
 without benefit of Clergy, by the ia\v.of England: And ordains 
 the faid Maurice Margaret to be carried back to the Tolbooth of 
 Edinburgh, therein to be detained -till he is delivered over, for 
 being fo trail i ported ; for which this (hall be, to all conceined, a 
 fufficient warrant. (Signed) 
 
 ROBEPcT M'QUEEN, .' 
 
 l\lr. Margaret. My Lords, I thank you. 
 
APPENDIX. 
 
 No. i. 
 
 To the Rev. Mr, r. 
 
 Dear Sir, 
 
 V 
 
 Jl OU clefire me to give you my opinion of the prefent ftate of 
 want and diftrefs among the weavers in Spitalfields, being Phyfi- 
 cmn to the London Difpenfary, where between two and 3000 of 
 thein^ annually apply tor medical relief, I am called frequently 
 to vifit their wretched habitations, there the ririt thing that com- 
 monly prelents irielf to view, is an empty loom, and a ftarving 
 family. Some have had only half their ufual work, for more 
 than twelvemonths paft ; and many no work at all, for the laft 
 fix months. Some times I find one or two children fick, and the 
 wretched Parents looking upon them with all the diitrefs which 
 parental affection, and the utmoit degree of poverty, can imprefe 
 on the mind. At other times, I find the hu(bancl and wife, and 
 not nnfrequently both fick in the fame bed, and feveral helplefs 
 and half ilarved children locking up to them for bread. Here 
 anxiety and poverty iivcreafe the dileafe if they did not produce 
 it, which however is often the cafe. It is impoilible for words to 
 give n. perfect idea of the diflrefs which prevails amongft this, 
 ufeful clafs of the people. If any doubt the truth of this repre- 
 fcntation, all I can fay is, come and fee. Were they to accom- 
 pany me in my daily vifitruions for a fhort time, they would be 
 fully convinced, that tuis is a very imperfect outline of the ge- 
 neral mifery amonglb this part of the labouring poor, who would 
 gladly work, if they could be employed ; and therefore Che more 
 deferving of help. I am perfuacled, Sir, that you need only be ac- 
 quainted with real diftrefs, to interefb yourielf in the means of 
 relieving It in the prefent inftarice. Both yon, Sir, and thofe 
 who fecond your laudable endeavours and benevolent purpofes, 
 will be doing a gooa work. I am, 
 
 Dear Sir, * 
 
 Your lincere friend, 
 OLD BEDLAM, 
 Dec. 17, [793. JOHN WIIITEHEAD. 
 
 No- 
 
( 166 ) 
 
 No. 2. 
 
 
 In one /hort month (December 1792) an innovation wasmacle 
 on the (chenie of Britifh Society ; and, in one eventful year, it 
 has changed the character of the nation, from the happy con- 
 dition of a people living together like one large family, under 
 common laws ; we were broke into fets, and put under the irqui- 
 iition of Clubs. Jealoufy and Difcord fucceeded confidence and 
 Union ; the molt honourable connections ; the moft ancient 
 friendfhips ; {he ibcial and endearing intercourses of neigh- 
 bourhood ; nay, the ties of kindred were rudely, wantonly torn 
 afunder ; and the better to fecure to us die calamities of a foreign 
 war, we were involved in the more dreadful horrors of internal 
 feud. In the fliort fpace that we can allot to this article, it is 
 impoffible for us to enter into the painful enumeration of the 
 events of 1792. When the faithful hiftorian comes to record 
 them after paflion and tremor have fubfided, it will be found to 
 be the moil difaftrous to conftitutional liberty, to fcience, to mo- 
 rals, and to trade, that England ever knew, lince the eilablifh- 
 ment if its freedom. What a reverie from the animating and 
 cheering picture of our profperity and happinefs, which a libe* 
 ral Correspondent gave to the public, through the medium of 
 this paper, on this day twelvemonth. The great events of the 
 year have covered with diftrefs the whole face of the ifland; 
 the fecret hiftory of the period we neither fully can nor dare de- 
 velope. It is fufficient to fay, that a<fts of perfecution, unknown 
 to Englishmen, have beenpractifed with applatife; integrity and 
 friendship have been branded as unbecoming an exalted mind ; 
 and confiftency in principles as unfnitable to the times. Opi- 
 nion has been hunted into the retirement of families, and he 
 "who dared to manifell his public doctrines, has been aflaulted on 
 the fide of his profcilion in life. The pulpit, the aimy, the 
 bar, and theprefs, all furnifli the fhockhig evidence that Spanilh, 
 |nd Italian arts may flourifh on an Er.glifh foil. 
 
 JF I N I S. 
 

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