619. Proceedings on the Trial of an Information exhibited ExOfficio by his Majesty's Attorney General (in pursuance of an Address presented to his Majesty by the House of Commons) against JOHN REEVES, Esquire, for a Seditious Libel; tried at Guildhall, by a Special Jury, before the Right Hon. Lloyd Lord Kenyon, Lord Chief Justice of the Court of King's-Bench, May 20th: 36 GEORGE III. A. D. 1796.* [The parliamentary proceedings relating to this case are fully reported in the New Parliamentary History, Vol. 32, pp. 608 et seq. It is therefore thought unnecessary here to repeat them.] INFORMATION. liament assembled should be suppressed and abolished on the twenty-ninth day of October in the thirty sixth year of the reign of our said present sovereign lord George the third now king of Great Britain &c. at London to wit at the parish of Saint Mary le Bow in the ward of Cheap in London aforesaid unlawfully maliciously and seditiously Of Hilary Term in the thirty-sixth year of did print and publish and cause to be printed to wit. } King George the third. and published a certain scandalous malicious London BE it remembered that sir John other things divers scandalous malicious and and seditious libel containing therein among Scott knight attorney general of our seditious matters of and concerning the king lord the now king who prosecutes in this be- and the government of this realm and of and half for our said lord the king comes into the concerning the two houses of parliament of court of our said lord the king before the this realm according to the tenor and effect king himself at Westminster on Saturday following that is to say With the exception, next after the octave of Saint Hilary in this therefore, of the advice and consent of the two same term and for our said lord the king Houses of Parliament (meaning the parlia giveth the court here to understand and be ment of this kingdom), and the interposition of informed that JOHN REEVES late of Westmin-juries; the government (meaning the govern. ster in the county of Middlesex esquire being ment of this kingdom), and the administration a malicious seditious and ill-disposed person of it in all its parts, may be said to rest wholly and greatly disaffected to the government of and solely on the king (meaning the king of this realm and unlawfully and maliciously de- this realm), and those appointed by him; those vising and intending to raise and excite jealou- two adjuncts of parliament (meaning the parsies and divisions among the liege subjects of liament of this realm) and juries are subsiour said lord the king and to alienate the af- diary and occasional; but the king's power fections of the liege subjects of our said lord (meaning the power of the king of this realm) the king from the government by King Lords is a substantive one, always visible and active. and Commons now duly and happily estab- By his officers, and in his name, every thing is lished by law in this realm and to destroy and transacted that relates to the peace of the subvert the true principles of the free con- realm and the protection of the subject. The stitution of the government of this realm and subject feels this, and acknowledges with thankmost artfully and maliciously to traduce vilify fulness a superintending sovereignty, which and bring into contempt the power and dig-alone is congenial with the sentiments and nity of the two houses of parliament of this temper of Englishmen. In fine, the government realm and with intent to cause it to be believ- of England is a monarchy; the monarch is ed that the regal power and government of the ancient stock from which have sprung those this realm might consistently with the free-goodly branches of the legislature, the Lords dom of this realm as by law declared and established be carried on in all its functions by the king of this realm although the offices duties and functions of the lords spiritual and temporal and Commons of this realm in par Now first published from a report taken in short-hand by Joseph Gurney, which has been obligingly communicated to me by Mr. Reeves. VOL. XXVI, and Commons, that at the same time give ornament to the tree, and afford shelter to those who seek protection under it. But these are still only branches, and derive their origin and their nutriment from their common parent; they may be lopped off, and the tree is a tree still; shorn indeed of its honours, but not, like them, cast into the fire. The kingly government may go on, in all its functions, without Lords or Commons: it has heretofore done so for years together, and in our 2 M times it does so during every recess of parliament; genial with the sentiments and temper of Enbut without the king his parliament is no more. glishmen. In fine, the government of England The king, therefore, alone it is who necessarily is a monarchy; the monarch is the ancient subsists without change or diminution, and from stock from which have sprung those goodly him alone weu nceasingly derive the protection branches of the legislature, the Lords and Comof law and government. In contempt of our mons, that at the same time give ornament to the said lord the king and of the parliament and tree and afford shelter to those who seek prolaws of this realm To the evil example of all tection under it. But these are still only branches, others in the like case offending and against and derive their origin and their nutriment the peace of our said lord the king his crown from their common parent; they may be lopped and dignity And the said attorney general off, and the tree is a tree still; shorn indeed of its of our said lord the king for our said lord honours, but not, like them, cast into the fire. The the king further gives the court here to un- kingly government may go on, in all its funcderstand and be informed that the said JouNtions, without Lordsor Commons; it has heretofore REEVES SO being such person as aforesaid and done so for years together, and in our times it does unlawfully and maliciously devising and in- so during every recess of parliament; but without tending to raise and excite jealousies and the king his parliament is no more. The king, divisions among the liege subjects of therefore, alone it is who necessarily subsists our said lord the king and to alienate the without change or diminution, and from him affections of the liege subjects of our said alone we unceasingly derive the protection of lord the king from the government by King law and government. In contempt of our said Lords and Commons now duly and happily lord the king and of the parliament and laws established by law in this realm and to des- of this realm to the evil example of all others troy and subvert the true principles of the in the like case offending and against the free constitution of the government of this peace of our said lord the king his crown and realm and most artfully and maliciously to dignity And the said attorney general of traduce vilify and bring into contempt the our said lord the king for our said lord the power and dignity of the two houses of parking further gives the court here to underliament of this realm and with intent to cause it to be believed that the regal power and government of this realm might consistently with the freedom of this realm as by law declared and established be carried on in all its functions by the king of this realm although the Lords spiritual and temporal and Commons of this realm should in future never be assembled in parliament on the same day and year aforesaid at London aforesaid to wit at the parish and ward aforesaid in London aforesaid unlawfully maliciously and seditiously did print and publish and cause to be printed and published a certain other scandalous malicious and seditious libel containing therein among other things divers scandalous malicious and seditious matters of and concerning the king and the government of this realm and of and concerning the two Houses of Parliament of this realm according to the tenor and effect following that is to say With the exception, therefore, of the advice and consent of the two houses of parliament (meaning the parliament of this kingdom), and the interposition of juries; the government (meaning the government of this kingdom), and the administration of it in all its parts, may be said to rest wholly and solely on the king (meaning the king of this realm), and those appointed by him. Those two adjuncts of parliament (meaning the parliament of this realm) and juries are subsidiary and occasional; but the king's power (meaning the power of the king of this realm) is a substantive one, always visible and active. By his officers, and in his name, every thing is transacted that relates to the peace of the realm, and the protection of the subject. The subject feels this, and acknowledges with thankfulness a superintending sovereignty which is alone con stand and be informed that the said JOHN REEVES SO being such person as aforesaid and unlawfully and maliciously devising and intending to raise and excite jealousies and divisions among the liege subjects of our said lord the king and to alienate the affections of the liege subjects of our said lord the king from the government by King Lords and Commons now duly and happily established by law in this realm and to destroy and subvert the true principles of the free constitution of the government of this realm and most artfully and maliciously to traduce vilify and bring into contempt the power and dignity of the two houses of parliament of this realm and with intent to cause it to be believed that the holding of parliaments is not essential to the exercise according to the freedom of this realm of any of the functions of the king of this realm in the government thereof on the same day and year aforesaid at London aforesaid to wit at the parish and ward aforesaid in London aforesaid unlawfully maliciously and seditiously did print and publish and cause to be printed and published a certain other scandalous malicious and seditious libel containing therein among other things divers scandalous malicious and seditious matters of and concerning the king and the government of this realm and of and concerning the two Houses of Parliament of this realm according to the tenor and effect following that is to say With the exception, therefore, of the advice and consent of the two Houses of Parliament (meaning the parliament of this kingdom), and the interposition of juries; the government (meaning the government of this kingdom), and the administration of it in all its parts, may be said to rest wholly govern and solely on the king (meaning the king of this is to say With the exception, therefore, of the The information was opened by Mr. Abbott [afterwards Lord Chief Justice of the court of King's Bench.] Mr. Attorney General [Sir John Scott, afterwards Lord Chancellor Eldon]:-May it please your Lordship;-Gentlemen of the Jury; I have the honour this day to attend you in obedience to a command which I have received from his majesty, and which he has been pleased to give me in consequence of an address which the House of Cominons of this country thought proper to present to him, that he would order his attorney general to prosecute the present defendant for the pub- their duty to consider the work from the belication of a pamphlet, which that House had ginning to the end of it, to take every part of resolved to be," a malicious, scandalous, and it as a context to the part charged in the inseditious libel, containing matter tending to formation; and then, if they were finally sacreate jealousies and divisions amongst his tisfied that the intent of the author was the majesty's loyal subjects, to alienate their af- intent charged in the information,-considerfections from our present happy form of go- ing it with reference to the context and the vernment as established in King, Lords, and matter of the whole book-if they were saCommons, and to subvert the true principles tisfied that such was the intent with which of our free constitution." The House of the author published his book to the world, Commons resolved farther, that this pamphlet | it was their duty to find him GUILTY. was a high breach of the privileges of that House. Having come to that determination it was undoubtedly within their province to proceed to take such steps by way of animadversion upon the author as the justice of the case might seem to require from them; the mode however which they adopted for the purpose of vindicating the constitution of the country against this pamphlet, thus voted by them to be a malicious scandalous and seditious libel, was, to submit the question whether it be a malicious scandalous and seditious libel, to the decision of a jury of the country; that if they found it so to be, that punishment might follow which may be due to the author of the book. Gentlemen, I have no difficulty in stating to my lord and you, that in my place in the House of Commons I took no part in the debate or the division upon this subject; because that debate having a tendency to decide, either that I should or should not discharge the duty which it is incumbent upon me this day to discharge, it appeared to me at least that I should act with more propriety if I abstained from giving any opinion upon the work, than if I either promoted or prejudiced that prosecution which it might become my duty to institute. But, at the same time, I did state that which I shall likewise take the liberty of stating to you: I humbly submitted to the attention of the House, the principle upon which I hope I have always conducted prosecutions in matters of libel-the principle upon which, as far as my own judgment can lead me, it is my determination in future al ways to conduct such prosecutions;-and that principle which, as I had applied it to all those cases in which I had heretofore been concerned I meant to apply to all those in which I may hereafter take a part is the principle upon which I mean to act this day. I stated to the House, gentlemen, that the question which I was always desirous to put to a jury was, WHETHER THE DEFENDANT PUBLISHED THE BOOK WITH THE CRIMINAL INTENTION CHARGED IN THE INDICTMENT. That I have always thought to be my duty, and I shall ever act upon it as my duty until I am corrected by the wisdom which ought to direct me in cases of this sort. I have always thought it my duty to call the attention of the jury to the whole of the publication; to state to them, that in my humble opinion, it was See the New Parl. Ilist. vol. 32, p. 634. Gentlemen, I now proceed to state to you what this information is; I shall next state to you generally the substance of the work which this information charges to be criminal; I shall then take leave (with my lord's permission, and under his correction) to state to you what I take to be the law of this country with respect to the principles of the constitution of its government; and, in conclusion, I shall shortly examine, with reference to the principles so stated, whether this charge (again calling your attention to the matter of the work which I shall have so previously stated) upon a due and conscientious attention to the law of the country as it respects the constitution of its government, to the matter of this book, and to the intention with which it must have been ushered into the world, is or is not substantiated. The information charges, in the words of the resolution of the House of Commons which I have stated to you, that the Defendant, intending to raise and excite jealousies and divisions amongst the liege subjects of our lord the king, and to alienate the affections of the liege subjects of our lord the king, from the government by King, Lords, and Commons, now duly and happily established by law in this country, and to destroy and to subvert the true principles of the free constitution of the government of the realm, and to bring into contempt the power and dignity of the two Houses of Parlia ment of the realm, and with intent to cause it to be believed that the regal power and government of this realm, might, consistently with the freedom of this realm, as by law declared and established, be carried on in all its functions, by the king of this realm, although the offices, duties, and functions, of the Lords spiritual and temporal, and Commons of this realm, in parliament assembled, should be suppressed and abolished, upon such a day published the following libellous matter;-I shall beg your attention to the averments in the other counts of this information before I state the libellous matter. The second count in the information varies the charge in the first, by stating it thus:with intent to cause it to be believed, that the regal power and government of this realm,might, consistently with the freedom of this realm, as by law declared and established, be carried on in all its functions, by the king of this realm, although the Lords spiritual and temporal, and Commons of this realm, should, in future, never be assembled in parliament. The third count states it thus:-with in- | tent to cause it to be believed that the holding of parliaments is not essential to the exercise according to the freedom of this realm, of any of the functions of the king of this realm, in the government thereof. The last count, charges the intent generally to be-to bring into contempt the power and dignity of the two Houses of Parliament of this realm; and I believe it cannot be contended with me, that if you shall finally be of opinion, that this publication was brought into the world, with any of the intents, charged in any of those counts, it will be your duty to find the defendant guilty. The work, a passage from which is stated in the information, the averments of which I have just been mentioning to you, is a book, intituled, "Thoughts on the English Government, addressed to the quiet good Sense of the People of England," and this appears to have been the first of an intended Series of letters. You will allow me, gentlemen, to state to you by going through it,---which I shall be able to do without taking up any considerable portion of my lord's time or yoursthe general tendency of this book, by calling your attention to the several parts of it as I go through it, from the beginning to the end, stating shortly the substance of it; and, when I come to that passage which is charged in the information to be criminal, I shall take the liberty of stating it to my lord and you very particularly. ninth page, he begins to state that doctrine which it is my duty to submit to you, as being exceptionable to the extent to which it is charged to be so in this information; he says, "The English government is an organ of public union and activity, which is adapted to the humour and mode of thinking of those who were witnesses to the formation of it,and who live under it. It appears to me, we may discern in the whole disposition of it, the result of that constitution of mind "-that is, the good sense of which the author has been speaking-" which I have just ascribed to our countrymen. Unambitious, and preferring the quiet and peace, which enables them to pursue their own affairs, to the power and splendour of managing those of the publie, the English yield a willing obedience to a government not of their own choosing." You will see presently how far that is consistent with some other pages in this work. "It is an hereditary king, who bears all the burthen of government, who is endued with all the power necessary to carry it on, and who enjoys all the honour and pre-eminence necessary to give splendor to so high a station. It is the king's peace, under which we enjoy the freedom of our persons and the security of our property; he makes and he erecutes the laws, which contain the rules by which that peace is kept; and for this purpose, all officers, civil and military, derive their authority from him. Still farther to strengthen this all-powerful sway, two qualities are added, that seem to bring this royal sovereignty, as far as mortal institutions can be, still nearer to the government of heaven. First this power is to have perpetual continuance, the king never dies. Secondly, such unbounded power shall be presumed to be exercised with as eminent goodness; and it is accordingly held, that the king can do no wrong; meaning, that his person is so sacred, that wrong shall never be imputed to him." Gentlemen, the author, with great truth, says of the people of this country, that we possess a greater portion of good sense, through all ranks of society, from the highest to the lowest, than the people of any of the nations which surround us. He says, "I have not yet seen equal marks of good sense in those matters, where, of all others, they should be manifested, I mean in their laws and government:"He is there speaking of modern philosophers and politicians ;---he then says He then proceeds, gentlemen, to state (and it is fit that I should mention it to what, I think, a fair discharge of my duty you, on the principle which I have before calls upon me to represent to you to be (to stated as that which regards my own conduct) say the least of it), most unguardedly stated; ---he says, "I am not a Citizen of the World, he proceeds, gentlemen, to state the checks so as to divide my affection with strangers--which the constitution has placed round the I am an Englishman; and I thank God for having placed me among a people, who, I think, possess more goodness of heart, and more GOOD SENSE than any other in the world; and who are the happiest, because they make the best use of both." He then states in the third page of the book---what he enforces in the last page--the influence of this general good sense in the country, over the parties in it, and over parliament--he represents, in the fifth page, an Englishman, as having a natural love of liberty, that he has a jealousy of power without an ambition to partake of it. He states, in the seventh and eighth pages, the equality of the people of this country in their ranks, from the highest to the lowest, in the view of the law; and then, in the application of these general maxims. "These are the original and main principles upon which the plain Englishman, full of honesty and confidence, thinks he may rest, for the protection of his person and property. But human institutions will swerve from their original design, and Englishmen will not always confide; jealousies and fears arise, and these must be appeased. The reasonable jealousy of an Englishman seems to be fully satisfied, when a qualification is annexed to the power in the king, first, of making, and secondly, of executing the laws; by which his subjects are admitted to participate in a share of those high trusts. "Accordingly, the king can enact no laws without the advice and consent, not only of |