Proceedings against John Horne,
Lords. Ay, ay.

Then the white staff being delivered to the Lord High Steward by the gentleman usher of the Black Rod on his knee, his stood up uncovered, and holding the staff in grace both his hands, broke it in two, and declared the commission to be dissolved; and then, leaving the chair, came down to the woolpack, and said, Is it your lordships' pleasure to journ to the Chamber of Parliament?

[652

L. H. S. This House is adjourned to the Chamber of Parliament.

the Chamber of Parliament in the same order Then the peers and others, returned back to they came down, except that his royal highad-ness the duke of Cumberland walked after the lord chancellor.

nefit of clergy. The passage affords an amus- livres sterling. Le criminel qui sait lire deing instance of the ease with which his senten- mande un bénéfice de clergie: on ne peut le tious flippancy compresses into a very small lui refuser. Le juge, qui était réputé par space a copious mass of false statement and l'ancienne loi ne savoir pas lire lui-même, s'en impertinent reflection. "On était si savant rapporte encore au chapelain de la prison, qui vers le dixième et onzième siècle, qu'il s'intro-présente un livre au condamné. Ensuite il deduisit une coutume ayant force de loi en mande au chapelain,' Legit?' lit-il? Le chape. France, en Allemagne, en Angleterre, de faire lain répond, Legit ut clericus,' il lit comme grace de la corde à tout criminel condamné un clerc. qui savait lire; tant un homme de cette érudi Et alors on se contente de faire tion était nécessaire à l'état. Guillaume le bâ- de la main. On a eu soin de l'enduire de marquer d'un fer chaud le criminel à la paume tard, conquérant de l'Angleterre, y porta cette graisse, le fer fume et fait un siflement, sans coutume. Cela s'appelloit bénéfice de clergie, faire aucun mal au patient réputé clerc." ⚫ beneficium clericorum aut clergicorum.'

"Nous avons remarqué en plus d'un endroit, que de vieux usages perdus ailleurs se retrouvent en Angleterre, comme on retrouva dans l'île de Samothrace les anciens mystères d'Or. phée. Aujourd'hui même encore ce bénéfice de clergie subsiste chez les Anglais dans toute sa force pour un meurtre commis sans dessein, et pour un premier vol, qui ne passe pas cinq cents

and afterwards), whether 'homo' included both Concerning the doubt (mentioned, p. 640 genders, see Barrington's Observ. on 10 Ed. 3, stat. 3; 20 H. 6, c. 9, and 1 Edw. 6.

Peeresses, see the Case of lord Ferrers, vol. For more concerning trials of Peers and 19, p. 886.

552. Proceedings against JOHN HORNE, Clerk, on an Information in the King's-Bench by the Attorney-General, for a Libel: 17 GEORGE III. A. D. 1777.

In this Case, the report of the proceedings said present sovereign lord the king prosecutes had upon the Trial at Guildhall, and upon in this behalf, in his proper person comes into the Attorney-General's Motion for Judg the court of our said present sovereign lord the ment in the Court of King's-bench at West-in the county of Middlesex, on Thursday next king before the king himself, at Westminster, minster, was published by the Defendant, Mr. Horne. I have subjoined an account, (compiled from Mr. Cowper's Reports and Brown's Cases in Parliament) of the subsequent proceedings before the House of Lords.ill disposed person, and being greatly disaffect

1. THE TRIAL AT GUILDHALL.

London, to wit. BE it remembered, That Edward Thurlow, esq. attorney general of our present sovereign lord the king, who for our

after fifteen days from the day of St. Martin in this same term, and for our said lord the king giveth the court here to understand and clerk, being a wicked, malicious, seditious, and be informed, that John Horne late of London,

ed to our said present sovereign lord the king this kingdom and the dominions thereunto beand to his administration of the government of longing, and wickedly, maliciously, and seditiously intending, devising, and contriving to With the following title: The Trial at among his majesty's subjects, and to alienate stir up and excite discontents and seditions* large of John Horne, esq., upon an Informa- and withdraw the affection, fidelity, and alle*tion filed Ex Officio by his majesty's attorney-giance of his said majesty's subjects from his 4 general, for a Libel, before the right hon. William earl of Mansfield, in the court of King's-bench, Guildhall, on Friday the 4th of July, 1777. Published by the defendant from Mr. Gurney's short-hand notes.

-Nec bellua tetrior ulla est,

• Quam servi rabies in libera colla furentis.'

said majesty, and to insinuate and cause it to be
believed that divers of his majesty's innocent
and deserving subjects had been inhumanly

* As to the operation of these words, see
the King against Phillipps, 6 East, 464.
lord Ellenborough's Judgment in the Case of

wicked, malicious, scandalous, and seditious libel, of and concerning his said majesty's government and the employment of his troops, according to the tenor and effect following; that is to say, King's Arms tavern, Cornhill, · June 7, 1775. At a special meeting this day of several members of the Constitutional Society, during an adjonrnment, a gentleman 'proposed that a subscription should be immediately entered into by such of the members present who might approve the purpose, for raising the sum of 100l. to be applied to the relief of the widows, orphans, and aged parents of our beloved American fellow-subjects, who, faithful to the character of Englishmen, 'preferring death to slavery, were for that reason only inhumanly murdered by the king's' (again meaning his majesty's) troops at or near Lexington and Concord, in the province of Massachusets' (meaning the said province, colony, or plantation of the Massachusets Bay in New England, in America)' on the 19th of last April; which sum being imme'diately collected, it was thereupon resolved that Mr. Horne' (again meaning himself the said John Horne) do pay to-morrow into the 'hands of Mess. Brownes and Collinson, on 'the account of Dr. Franklin, the said sum of 100/. and that Dr. Franklin be requested to

murdered by his said majesty's troops in the province, colony, or plantation of the Massachusets-Bay in New-England, in America, belonging to the crown of Great-Britain, and unlawfully and wickedly to seduce and encourage his majesty's subjects in the said province, colony, or plantation, to resist and oppose his majesty's government, on the 8th day of June, inthe 15th year of the reign of our present sovereign lord George the third, by the grace of God of Great-Britain, France, and Ireland, king, defender of the faith, &c. with force and arms at London aforesaid, in the parish of St. Mary-le-Bow, in the ward of Cheap, wickedly, maliciously, and seditiously did write and publish, and cause and procure to be written and published, a certain false, wicked, malicious, scandalous, and seditious libel of and concerning his said majesty's government and the employment of his troops, according to the tenor and effect following: King's-Arms tavern, Cornhill, June 7, 1775. At a special meeting this day of several members of the Constitutional Society, during an adjournment, a gentleman proposed that a subscription should be 'immediately entered into by such of the mem⚫bers present who might approve the purpose, for raising the sum of 100l. to be applied to the relief of the widows, orphans, and aged parents of our beloved American fellow sub-apply the same to the above-mentioned pur'jects, who, faithful to the character of Eng⚫lishmen, preferring death to slavery, were for ⚫that reason only inhumanly murdered by the • king's' (meaning his said majesty's) troops at or near Lexington and Concord, in the province of Massachusets' (meaning the said province, colony, or plantation of the Massachusets-Bay in New-England, in America,) on the 19th of last April; which sum being immediately collected, it was thereupon resolved that Mr. Horne' (meaning himself the said John Horne) do pay to-morrow into the hands of Mess. Brownes and Collinson, on account of Dr. Franklin, the said sum of 100l. and that Dr. Franklin be requested to apply the same to the above-mentioned purpose; John Horne (meaning himself the said John Horne) in contempt of our said lord the king, in open violation of the laws of this kingdom, to the evil and pernicious example of all others in the like case offending, and also against the peace of our said present sovereigu lord the king, his crown and dignity and the said at torney-general of our said lord the king for our said lord the king further gives the court here to understand and be informed, that the said John Horne being such person as aforesaid, and again unlawfully, wickedly, and seditiously intending, devising, and contriving as aforesaid, afterwards, to wit, on the 9th day of June in the 15th year aforesaid, with force and arms at London aforesaid, in the parish and ward aforesait, wickedly, maliciously, and seditiouslysum of 100l. to be applied to the relief of the

printed and published, and caused and procured to be printed and published, in a certain newspaper, intitled, The Morning Chronicle and London Advertiser, a certain other false,

pose; John Horne' (again meaning himself the said John Horne) in contempt of our said lord the king, in open violation of the laws of this kingdom, to the evil and pernicious example of all others in the like case offending, and against the peace of our said lord the king, his crown and dignity: and the said attorney general of our said lord the king for our said lord the king further gives the Court here to understand and be informed, that the said John Horne being such person as aforesaid, and contriving and wickedly and maliciously devising and intending as aforesaid, afterwards, to wit, on the 9th day of June, in the 15th year aforesaid, with force and arms at London aforesaid, in the parish and ward aforesaid, wickedly, maliciously, and seditiously did print and publish, and cause and procure to be printed and published, in a certain other news-paper, entitled, The London Packet, or New Lloyd's Evening Post, a certain other false, wicked, scandalous, malicious, and seditious libel of and concerning his said majesty's government and the employment of his troops, according to the tenor and effect following; that is to say, King's Arms tavern, Cornhill, June 7, 1775. At a special meeting this day of several ⚫ members of the Constitutional Society, during an adjournment, a gentleman proposed that a subscription should be immediately entered into (by such of the members present who might approve the purpose) for raising the

widows, orphans, and aged parents of our beloved American fellow-subjects, who, faithful to the character of Englishmen, preferring death to slavery, were for that reason only

·

in the like case offending, and against the peace of our said lord the king, his crown and dig

⚫ inhumanly murdered by the king's' (meaning bis said majesty's) troops at or near Lexing ton and Concord, in the province of Massa-nity: and the said attorney general of our said 'chusets' (meaning the said province, colony, present sovereign lord the king for our said or plantation of the Massachusets Bay in New lord the king further gives the Court here to England, in America) on the 19th of last understand and be informed, that the said John April; which sum being immediately col- Horne being such person as aforesaid, and 'lected, it was thereupon resolved, that Mr. contriving and wickedly and maliciously de⚫ Horne' (again meaning himself the said John vising and intending as aforesaid, afterwards, Horne) do pay to-morrow into the hands of to wit, on the 9th day of June in the 15th year Mess. Brownes and Collinson, on the account aforesaid, with force and arms at London aforeof Dr. Franklin, the said sum of 100l. and said, in the parish and ward aforesaid, wickthat Dr. Franklin be requested to apply the edly, maliciously, and seditiously did print and 'same to the above-mentioned purpose; John publish, and cause and procure to be printed • Horne' (again meaning himself the said John and published, a certain other false, wicked, Horne) in contempt of our said lord the king, malicious, scandalous, and seditious libel of and in open violation of the laws of this kingdom, to concerning his said majesty's government and the evil and pernicious example of all others in the employment of his troops, according to the the like case offending, and also against the tenor and effect following; that is to say, peace of our said lord the king, his crown and King's Arms tavern, Cornhill, June 7. At a dignity and the said attorney general of our special meeting this day of several memsaid lord the king for our said lord the king bers of the Constitutional Society, during further gives the Court here to understand and an adjournment, a gentleman proposed that be informed, that the said John Horne being a subscription should be immediately entered such person as aforesaid, and contriving and into (by such of the members present who wickedly and maliciously devising and intend. might approve the purpose) for raising the sum ing as aforesaid, afterwards, to wit, on the 9th of 100l. to be applied to the relief of the widay of June in the 15th year aforesaid, atdows, orphans, and aged parents of our belovLondon aforesaid, in the parish and ward afore-ed American fellow-subjects, who, faithful to said, wickedly, maliciously, and seditiously did the character of Englishmen, preferring death print and publish, and cause and procure to be to slavery, were for that reason only inhuprinted and published, in a certain other news- manly murdered by the king's' (again meanpaper, entitled, The Public Advertiser, a cer- ing his said majesty's) troops at or near Lextain other false, wicked, scandalous, malicious, ington and Concord, in the province of Masand seditious libel of and concerning his said 'sachusets' (meaning the said province, colony, majesty's government and the employment of or plantation of the Massachusets-bay in Newhis troops, according to the tenor and effect England, in America) on the 19th of last following; that is to say, 'King's Arms tavern, April; which sum being immediately colCornhill, June 7. At a special meeting this lected, it was thereupon resolved that Mr. day of several members of the Constitutional Horne' (again meaning himself the said John Society, during an adjournment, a gentleman Horne) do pay to-morrow into the hands of ⚫ proposed that a subscription be immediately Mess. Brownes and Collinson, on account of entered into (by such of the members present 'Dr. Franklin, the said sum of 100%, and that who might approve the purpose) for raising Dr. Franklin be requested to apply the same the sum of 100l. to be applied to the relief of to the above-mentioned purpose; John Horne' the widows, orphans, and aged parents of our (again meaning himself the said John Horne) beloved American fellow-subjects, who, faith-in contempt of our said lord the king, in open ful to the character of Englishmen, preferring death to slavery, were for that reason only inhumanly murdered by the king's' (meaning his said majesty's) troops at or near Lexing ton and Concord, in the province of Massa'chusets' (meaning the said province, colony, or plantation of the Massachusets Bay in New England, in America) on the 19th of last April; which sum being immediately 'collected, it was thereupon resolved that Mr. 'Horne' (again meaning himself the said John Horne) do pay to-morrow into the hands of Mess. Brownes and Collinson, on the account of Dr. Franklin, the said sum of 100l. and that Dr. Franklin be requested to apply the same to the abovementioned purpose; John 'Horne' (again meaning himself the said John Horne) in contempt of our said lord the king, in open violation of the laws of this kingdom, to the evil and pernicious example of all others

violation of the laws of this kingdom, to the evil and pernicious example of all others in the like case offending, and also against the peace of our said present sovereign lord the king, his crown and dignity: and the said attorney-general of our said present sovereign ford the king for our said lord the king further gives the Court here to understand and be informed, that the said John Horne being such person as aforesaid, and contriving and wickedly and maliciously devising and intending as aforesaid, afterwards, to wit, on the 9th of June in the 15th year aforesaid, with force and arms at London aforesaid, in the parish and ward aforesaid, wickedly, maliciously, and seditiously did print and publish, and cause and procure to be printed and published, a certain other false, wicked, malicious, scandalous, and seditious libel, in which said last-mentioned libel are contained, amongst other things, divers false,