their fate, if, by their death, they could have saved their unhappy country from the horrors and miseries of that dreadful anarchy into which it has fallen. Never, with such examples before my eyes, will I stake the blessings which we possess under the government of this country, upon the precarious consequences of innovation; nor consent to any alteration, of which, whatever may be stated as its object, the precise effects can never be ascertained. Indeed, I must think that my friend Mr. Erskine, in his propositions with respect to a reform, allows himself to talk like a child, and does not sufficiently consult that excellent judgment which he displays upon every other occasion. But let me entreat him to reflect on the situation in which both of us are now placed, and which, if twenty years ago, any person told me I should have attained, I should have regarded it as madness. If we, by our industry (my Friend, indeed, with the advantage of his superior talents), have acquired a degree of opulence and distinction, which we could not reasonably have looked for, let us be thankful to that government to whose protection and favour we are, in a great measure, indebted for our success; and do not let us, by any rash attempt upon our constitution, put it out of the power of our children to rise to similar situations, or deprive them of those blessings which we have ourselves so signally experienced. Do not let us pull down a fabric, which has been the admiration of ages, and which it may be impossible to

erect anew. Let me again call your attention to the paper upon which this prosecution is founded. [Here Mr. Attorney General read several extracts from the Declaration.] After what you have heard, I think it is impossible to doubt of the libellous tendency of this publication. It states, as I have already said, the whole of our government as one mass of grievances and abuse; while it does not so much as enumerate a single blessing or advantage with which it is attended. It represents it as corrupt and oppressive in every branch, as polluted in its very source, its legislature, and its courts of justice. What, I ask, can be supposed to be the spirit by which such representations are dictated, and the consequences to which they are calculated to lead? Can you admit such representations to have been brought forward bona fide, and from no other motive, than the wish to procure a peaceable and legal redress of grievances? If you can admit this, you will of course find the Defendants not guilty. But if it shall appear otherwise, let me remind you of that duty which you owe to the public, with whose safety and protection you are intrusted, and whose interests you are to consult in the verdict which you shall give. Let me remind you of the necessity of checking, in proper time, the spirit of sedition, and frustrating the designs of the factious, before it be too late. Let me conclude with observing, that I have brought forward this prosecution as a servant of the public, influenced by my own judgment, and acting from what I conceived to be-my

you

will

duty. I had no other view than the public advantage; and should you be of opinion that the Defendants ought to be declared not guilty, I trust acquit me of any intention of acting either impertinently with respect to you, or oppressively to the Defendants. I shall then retire, conscious of having done my duty in having stated my opinion, though inclined, in deference to your verdict, to suppose myself mistaken.

Lord KENYON then gave a Charge in substance as follows:

Gentlemen of the Jury-There are no cases which call forth greater exertions of great abilities than those that relate to political libels. And as this cause, both on the part of the prosecution, and also on behalf of the Defendants, has been so amply discussed that the subject is exhausted, I should have satisfied myself with what has been already said, if there was not duty lying on me, which by the law of the land it is incumbent on me to discharge.

The liberty of the press has always been, and has justly been, a favourite topic with Englishmen. They have looked at it with jealousy whenever it has been invaded; and though a licenser was put over the press, and was suffered to exist for some years after the coming of William, and after the Revolution, yet the reluctant spirit of English liberty called for a repeal of that law; and from that time to this it has not been shackled and limited more than it ought to be.

Gentlemen, it is placed as the sentinel to alarm us, when any attempt is made on our liberties; and we ought to be watchful, and to take care that the sentinel is not abused and converted into a traitor. It can only be protected by being kept within due limits, and by our doing those things which we ought, and watching over the liberties of the people; but the instant it degenerates into licentiousness, we ought not to suffer it to exist without punishment. It is therefore for the protection of liberty, that its licentiousness is brought to punishment.

A great deal has been said respecting a reform of Parliament, that is, an alteration of Parliament. If I were called upon to decide on that point, before I would pull down the fabric, or presume to disturb one stone in the structure, I would consider what those benefits are which it seeks, and whether they, to the extent to which they are asked, ought to be hazarded; whether any imaginary reform ought to be adopted, however virtuous the breast, or however able the head, that might attempt such a reform. I should be a little afraid, that when the water was let out, nobody could tell how to stop it; if the lion was once let into the house, who would be found to shut the door? I should first feel the greater benefits of a reform, and should not hazard our present blessings out of a capricious humour to bring about such a measure.

The merits or demerits of the late law respecting dibels I shall not enter into. It is enough for me that

it is the law of the land, which by my oath I am bound to give effect to, and it commands me to state to Juries what my opinion is respecting this or any other paper brought into judgment before them. In forming my opinion on this paper, or on any other, before I arrive at a positive decision on that point, I would look about, and see what the times were when the publication took place. I would look at all the attendant circumstances, and, with that assistance, I would set about to expound the paper. The ob servations which this cause calls for, form a part of the notorious history of the country. How long this paper was penned before it appeared in this newspaper, I know not: the 25th of December is the day when it was published, and it is dated the 16th of July 1792.

Gentlemen, you will recollect the appearance of public affairs, and the feelings of every mind in the country, at the time that Parliament met, and for some time after, in December last. I do not know whether I colour the picture right, when I say very gloomy sensations had pervaded the whole country. It is for you to say whether at that time there were not emissaries from a neighbouring country making their way, as well as they could, in this country. It is for you to say, looking at the great anarchy and confusion of France, whether they did not wish to agitate the minds of all orders of men, in all countries, and to plant their tree of liberty in every kingdom in Europe. It is for you to say whether their