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reagh, who advised him from the measure. But, after the publication of the order of his return home, he was asked by every person he met, whether he meant to submit to have imputed to him the treasonable views which that order suggested? He therefore wrote his appeal to the public. Was it possible that that order could originate in any thing but the ill-will of Lord Castlereagh? and was the defendant to sacrifice his own feelings to preserve his lordship's? A libel was a misdemeanour, inasmuch as it tended to a breach of the peace; the defendant hoped, therefore, that it would not be visited with more severity than a duel or a manslaughter, which were actually breaches of the peace. The defendant allued to a statute of the reign of Phillip and Mary, by which libel was punished by a fine of 100l. and an imprisonment of a month; and to another statute of Elizabeth, in which a similar light punishment was inflicted upon libel. He was aware, however, that there were precedents of punishing libel by slitting the nose, and even by death. But there was one precedent established by the present court, upon which he particularly stood. It was the case of Mr. Heriot, who was found guilty of a libel in The Sun newspaper upon Lord St. Vincent, accusing him of having neglected to send intelligence of the commencement of war to our colonial possessions. That was a seditious libel; the present defendant's was not; that libel was false, his was true; Lord St.Vincent had never given Mr. Heriot any offence-Lord Castlereagh had bent the whole force of his hostility on the defendant; the person libelled there was a man, the brilliancy of whose naval character, splendid as it was, was thrown comparatively into the shade by the transcendant excellence of his political character-the person alleged to be libelled here was Lord Castlereagh! And yet Mr. Heriot was punished with only six months imprisonment, and then discharged without fine or bail. The defendant also adverted to the case of Col. Draper, who was punished with only six months imprisonment; and to the case of Mr. Blagdon, who was punished only with that extent of imprisonment, for a libel also on Lord St. Vincent.-[The Attorney-General had now resumed his seat.-Mr. Finnerty proceeded to state, that in consequence of the part which he had taken in the Middlesex elections

of 1802 and 1804, he had bad the mis fortune to make the magistrates of that county his enemies. There was a particular prison under their controul; and it would be death to him to be sent thither. He would rather be disposed of as Bonaparte disposed of Palm the bookseller, than be sent to the Cold-bathfields prison. He closed with a full assurance that the court would always recollect the maxim of Blackstone, that next to the satisfaction of justice, a judge ought to look to the satisfaction of the public. He quoted a decision of Chief Justice Lee, who refused a motion for an information against a man, who advertised to caution the public not to trust his wife upon his credit, upon the ground that the man had no other mode of obtaining redress. If this man could not be prosecuted, a fortiori, he could not be punished. The defendant applied this case to his own; and said, that to accuse Lord Castlereagh was the only way in which he could justify himself. He also quoted the case of the Abbot of St. Albans, who wanted to punish a man for complaining that he had made him a cuckold. Just so, would Lord Castlereagh punish the defendant for complaining that his lordship had called him a

traitor.

Mr. F. then read some extracts from Lord Erskine's speeches, which the court would not allow to be of any authority, as they were the mere dicta of an advocate. He declared that he had no intention to write a libel: if it were told him, he was bound to know what was a libel, he would reply, that surely an individual, unprofessional and unedu cated as he was, might be allowed not to understand a science which had divided the most learned judges of the country. The noble and learned judges on the bench, and the attorney-general differed as to what was a libel in Mr. Perry's late case; and surely the law of libel was one to which the maxim of ignoranta legis non excusat did not apply. If the record of a severe punishment upon the defendant where handed down to posterity, accompanied with the slightest biographical sketch of Lord Castlereagh, would not the reader exclaim, "What "must have been the state of those laws "under which an individual was punish"ed for complaining of oppression?"The eye of England, interested in every thing which was done by that court, especially with what related to the law

of libel and the freedom of the press,
and pre-eminently the eye and heart of
the defendant's native land (Ireland), he
had the satisfaction to know were turned
with the greatest anxiety to the result of
that day's judgment. But it might be
said, that this was not a controversy be-
tween Lord Castlereagh and the defen-
dant: the breach of the peace, the vio-
lation of the law, were the objects of
the indictment. The defendant knew
not in what part of the country the peace
would be broken on behalf of Lord Cas-
tlereagh's character; for upon that sub-
ject every body was of one mind. What
the defendant had said throughout the
libel, and that day, he was ready to
prove. He hoped he had adhered to
his promise of saying nothing offensive
to the highest ministers of the law in En-
gland, as he regarded the court to be.
If he had tendered an inadmissible affi-
davit, it contained not a single atom,
but what there was precedent for in
Col. Draper's case; and if he had not
been able to new-model his affidavit ac-
cording to the directions of the court, it
was only from a difficulty of precisely
ascertaining what those directions were.
Having been all his life in the habit of
speaking the sentiments of a free man,
he should only have incurred the con-
tempt of the court had he abandoned that
language now, and he would rather meet
the severest punishment which it was in
the power of the court to inflict, than
labour under the degradation of being
thought an hypocrite, The whole of the
case was before the court; they would
recollect the nature of the provocation;
they would read the libel, and would
consider whether, if that were true, the
defendant deserved punishment or not.
He would say little about his sufferings,
on account of the present prosecution
his expences, his loss of time, the whole
of his subsistence depending, as it did,
upon his daily exertions. He hoped he
should support his punishment with firm-
ness: and though he were to be confined
in the dungeon of Dionysius, he would
not exchange character with Lord Cas-
tlereagh! Mr. F. finished by expressing
bis conviction that every part of the sup
posed libel being proved, as he offered
to do it, was justifiable.

To be concluded in our next.]
Monday, Feb. 11.

THE KING V. ROACH.

Mr. Justice Grose, after informing the defendant that the court in vain looked

for any thing like mitigation in the affidavits filed on his part, which only went to inform the court that the defendant was one of several gentlemen who lent their talents to be prostituted, at the order of a committee of auctioneers, acting for a great number of persons of a similar description, and who through their means sought to promote their own pecuniary advantage, by the support of what they called the popular party-declared the sentence of the court to be, that the defendant for his said offence be committed to the custody of the marshal of the Marshalsea of that court, for the space of twelve calendar months, and at the expiry of that period to enter into recognizances to keep the peace for three years, himself in 5001. and two sureties in 2501. each, and be further imprisoned till such sureties be found.

INTOLERANT OUTRAGE.

Mr. Gurrow applied for rules to shew cause why criminal informations should not be filed against J. Churchyard, B. Garrot, W. Hewitt, P. Dykes, W. Moore, J. Culpee, J. Sheldrake, W. Garlic, R. Bedwell, E. Hewitt, Tuffin and Close, for a most extraordinary conduct and conspiracy. His motion was of great consequence; on its result depended whether a large body of dissenters were to assemble in the county of Suffolk for the purpose of public worship, or not. A dissenting minister (Mr. Thompson) residing at Wickhamn-market, near Ips wich, in the county of Suffolk, some short time since obtained a license in the regular way, for a place of public worship. Having obtained such license, it was advertised that the meeting would be opened on the 2d of September last. On that day it was opened, and public worship continued to be performed in this newly opened chapel till the 2d of December, when the congregation was finally driven out, and the house pulled down! The first opening of the chapel was marked by most outrageous proceedings, from a crowd who had assembled for the purpose of obstructing the worship; and those crowds invariably continued to assemble for this object tiil the 2d of December. The persons whose names he had mentioned had been conspicuous in this intolerant proceeding. The men whose names he had repeated, were not men in high situations of life; they were backed by persons whose rank and education ought to have taught them better. The town

criers were sent about, admonishing the townsmen to take care of their property, as there were strange persons among them, alluding to those who frequented the dissenters' meeting. The lower orders of the people at this place were taught to put a very peculiar construction upon the Toleration Act. They were told that they might make any sort of noise they pleased, to obstruct the proceedings of a congregation in any way offensive to them, provided they kept on the outside of the chapel! This sentiment did prevail in the county of Suffolk; it still prevailed, and would continue to prevail till that court should convince the people to the contrary. Acting upon this construction, the people assembled in thousands around the meeting, and made so much noise by means of shouting and hooting, aided by an Indian gong, a drum, and other musical instruments equally harmonious and noisy, that it was impossible for the congregation to hear what fell from their clergyman. At other times they would mock the pastor, and pretend to adore their Creator in a most ridiculous manner; then a fellow, elevated upon a waggon, dressed in a black frock, and cocked hat, would assume to imitate a clergyman, and would afterwards proceed to distribute among the crowd small portions of bread. The motive of all these proceedings was to create confusion. When the minister left the meeting, this crowd, which never consisted of less than a thousand people, would follow him, hooting and so acting, jostling him and otherwise insulting him, that bis life was often endangered. Nor did these crowds confine themselves to hooting and hissing, for they afterwards became so daring, that fire-works were thrown into the meeting; and when the minister left it, he was pelted by the mob with rotten eggs, &c. and a gallows was carried before him!-Fellows in masks, and with most grotesque dresses on, would go to the chapel, and exclaim with loud voices-" We come here to hear the word of God, and by God we will hear the word of God!" In addition to exclamations of this nature, they pelted the congregation and broke the windows. At one time these fellows, with their masks and grotesque dresses, brought to the chapel a scooped turnip filled with human excrements, which was thrown at the clergyman, and he yas thereby besmeared all over with this

filth, as was the greater part of the congregation. At another time a basket of stinking sprats was brought into the passage leading to the chapel, and the contents were thrown among the persons then assembled. The general exclamation in justification of this outrageous conduct was, that they would have no Pograms among them, a name they gave to these dissenters. To prove that persons of rank and consequence approved and promoted this conduct, houses were opened for the accommodation of those who would hunt down_the_Pograms; and in order that the Pogram-hunters might not be in want of spirits they were stimulated to exertion by having wine furnished them gratis, and they were informed that money would not be withheld if it should be required. One gentleman (a parochial officer) observed at a public meeting, that he would not mind giving 1001. for the purpose of aiding those who opposed the Pograms; money should not be wanted. The man who occupied the cottage, the two lower rooms of which were converted into chapel, was told, that if he did not prevent the meeting of the "dd Po grams," he would have a press-gang sent after him. At another time he was told that he would be shot if he did not submit; for murder would ensue if the Pograms were not put down.-The learned gentleman held in his hand affidavits, swearing to what he had related, and describing the parts those persons whose names he had repeated, had taken in this performance. The opposition had been regularly organized, the outrage had been continued; and the people who had been guilty of this outrage ought to be told, that they could not so act with impunity. -The various acts ascribed to the seve ral persons, as described in the affidavits, were then repeated: but the court were of opinion, that rules could only be granted against six persons, namely, against James Churchyard, a farmer; Benjamin Garrot, a tailor; William Hewitt, a collar-maker; John Culpee, a shoemaker; Tuffin; and Close. The congregation was an infant one, and the first dissenter's meeting that had assembled in that place; but the continuance of the meeting had been so prevented as he had described. »Application had been made to the grand jury of the county, but without success, which accounted for his motion! The rule was granted.

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[B. Flower, Printer, Harlow.]

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The Prince Regent's Household,-In the various discussions on the limitations proposed in the Regency bill, the public cannot surely have forgotten, what was said on both sides of the two houses respecting the great importance of the various offices in the royal household, and of their absolute necessity, in order that the throne might be surrounded with that splendour, so requisite to render the monarchy respectable in the eyes of the people. The leaders of the opposition as well as those in administration, affirmed that much of the "strength" of government consisted in the "influence" which was thus given to the executive authority; and that to deprive the Prince Regent of this " influence," would be to render his government inefficient, and difficult to be carried on with full effect for the national benefit. This language seemed somewhat extraordinary, from the lips of men who had so frequently, and with such energy deprecated the increased, increasing, and overgrown influence of the crown; and the friends of reform, we are tolerably well persuaded, read nothing in the speeches of either party to convince them of the fallacy of the resolution of the house of Commons, passed at a period when the influence of the chief executive Magistrate was scarcely one half what it is at present :- "That the "influence of the crown, has increased, is increasing, and ought "to be diminished." Nor was there that dread of the diminution of royal influence out of the two houses which had seized those honourable and right honourable senators, whose imaginations were fondly dwelling on the places, and other good things which they hoped shortly to have at their command, under the expected new administration of the Prince Regent.

After the disappointment and disgust which so many of our countrymen experienced at the perusal of the debates to which we have alluded, it must afford them some degree of satisfaction to attend to the sentiments of the Prince Regent himself on a subject

VOL. IX.

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so interesting, and in which he is personally concerned.—Mr. Perceval lately rose in the house of Commons" for the purpose of "adverting to a former notice he had given, respecting the house"hold to be provided for the Prince Regent." After detailing sonte particulars of his plan respecting an establishment for his Royal Highness, the Chancellor of the Exchequer proceeded as follows:---"When his Royal Highness was pleased to signify his determination "of continuing in the service of the crown, the persons then carry"ing on the government, he (Mr. Perceval) felt that it became his "duty to lay the plan of an household before the Regent; but upon an audience with his R. H. he learned that his R. H. re"mained fixed in a perfect determination of adhering to his former "sentiments upon that subject. For the nature of those sentiments "his Royal Highness was pleased to refer him to a learned and "hon. friend of his opposite : (Mr. Adam). By him he had been informed, that from the moment he (Mr. P.) had first communi« cated his intention respecting the course meant to be pursued by “ him respecting the household ; his Royal Highness had commu"nicated to that learned gentleman, his determination not to add "to the burdens of the people by accepting of any addition to his public state, as Regent of the United Kingdom! He (Mr. P.) "felt satisfied that neither the house nor the public would have "felt any indisposition in contributing to the expence of the due "support of the state and dignity of the Prince Regent: at the same time, the country would not be backward in duly acknowledging this instance of self denial on the part of the Prince; " and his Royal Highness could not fail to find that such refusal "will in point of fact, throw round his character and station more "real splendour than conld be borrowed from any pageantry “however brilliant. That external magnificence calculated to dazzle "the vulgar gaze, and catch the giddy admiration of the popu lace, the Prince did not hesitate to sacrifice to those solid good "qualities which have long since won, and promise to secure to “ him the affections of the people.” Having stated these circumstances to the house, it was scarcely necessary for him to add, that it was not now his intention to submit to them any such plan. Mr. ADAM then rose, and confirmed the statement of the right hon. gentleman, remarking---" That he had had long opportunity of becoming minutely acquainted with the views and intentions of his Royal ، Highness, respecting his domestic economy, and that his deter"mination in this particular instance was but conformable to the "principles which had governed the conduct of his Royal Highness."

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With respect to the disposition of the people in general to suffer new burdens for the sake of staring at a little additional state pageantry in the executive government, we have our doubts; but no

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