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What is his name?--His name is Phipps, I and when printed, brought into the office to be believe.

charged for the daty, one of each paper every Where did he serve you with it? In day. Queen's-Head Passage.

Whose servants bring them to be stampt? Is that the place where his business of print- Mr. Miller's. After they are stampt, the moing is carried on ?-I never saw them print ney is sent, it may be by himself, or bis serthere.

vants; the money for 15,000 may be brought Is that the place where they are sold ?— It is together, then they are returned to the office the place where they are published.

after they are printed, for the number of adHave you frequently bought that paper at vertisements to be found out and charged with that shop? --I have.

the duty. What name do you call his shop where you Who pays for the advertisements ? Mr. bought it ?-The publishing room; I do not Miller. It does happen sometimes that the know whether that is proper, but that is what number of papers may not be sold, then the they call it.

money is returned. Åt

any time bave you been there, and have You say, the duty is returned ?-For the you seen the defendant ?-[No answer.) unsold, the duty is returned.

Whom did you buy it of?-I boughi it of a How do you verify that ? -They are returnlad, who is servant to Mr. Miller, they call him ed, and they make an affidavit that they Frank, and I tbink Phipps, I won't be certain made no profit of the papers, and then the as to that; he was always called Frank by stamps are returned again, and the duty is reevery body.

turned. Have

you at other times been at that place Who makes tbat affidavit ?-Mr. Miller. called the publisbiug room, for the paper that

How is the account of the advertisements bears the name of the London Evening Post, settled ?-We settle it every montis. and have you bought them there ?-Yes, Sir, Who comes to settle with you ?-We charge every time they were published ; either 1, or them. one belonging to me; I can't say always that Whom do you charge the London Evening I have been there myself.

Post to ?-To Mr. Miller. Have you frequently ?- I have frequently. Who comes to pay you at the end of the Have

you waited at any time till the papers month ?- It may be two months, or it may be have been ready to be delivered ?—Very rarely. three months before they are paid. I have seen people wait and go up stairs, but Who comes?-May be Mr. Miller, may be they are generally the readiest of any body.

his porter. They are the most diligent of any others ?-- Does he come himself frequently ?-Yes, They are in general the most forward.

sometimes. Juryman. You bought that paper ?- Does he settle and pay for the advertiseCrowder. Yes, gentlemen, I bought that paper. ments ?-Yes.

Mr. Morton. How long have you known Have you the paper of Saturday December Frank Phipps, the lad you bought it of? 16, 10 Tuesday December 19, 1769? Crowder. I have known him ever since he began to publish that paper.

[The witness looks at his volume of papers How long is tbai ? --About three quarters of and turns to that paper.]

This is the paper sent from Mr. Miller to The Londop Evening Post read in court, No your office ?-Yes, Sir, they are brought into

our office. 26,572, that part of it signed Junius.

Mr. Wallace. The paper is of the same date, Robert Harris sworo.

and number 26,572.

Mr. Thurlow to the defendant's counsel. Examined by Mr. Wallace.

Do you ask this witness any questions ? In what business are you? What office do Defendunt's Counsel. No. you belong to? - The Stamp-office.

Sol. Gen. Tbeo we have done. What office do you hold there ?—The register of pamphlets and news-papers,

Serj. Glynn. Please your lordship, and you Pray, Sir, are news-papers brought to your gentlemen of the jury, to favour ine in ibis office to be stampt?-Yes, Sir.

cause, in behalf of Mr. Miller, ibe defendant. Do you receive the duty for advertisements Gentlemen, the learned gentleman wbo opened in news-papers ?-Yes, Sir, I do.

the cause in support of the information, bas Pray, Sir, do you know who the printer is told you, that of this publication, po lawyer, of the London Evening Post?-1 have it here. not a man of the profession in the kingdom, he [Looking at a large parcel of news-papers thinks will seriously avow,--the learned genbound together in a book.]

tleman who appears in support of the informaDo you know the defendant Miller ?-Yes, tion, bas said, no man will seriously avow a I do.

defence and justification of the publication now Are papers brought to your office for prints under your consideration. Gentlemen, I have ing the London Evening Post on?—They are had the misfortune to be very much misunderfirst brought to be stampt, and sent out blank, stood, if I gave any inference of myself, or any

a year.

admission of the least degree of guilt or crimi- | you; it is a case of a different sort; and I am nality in a similar publication to this. I en at a loss to guess how the word 'mercenary' tered into a defence as seriously, and as ar. can bear any application to the present cbarge. dently wished, that such weak arguments as I have always in my own thoughts distirmy understanding might furnishi me with, guished between those that prostitute their own might be prevalent in that case, with that pens, and become the stipendiary instruments anxiety that always will attend questions of the of parties and ministers, and those pens which most important nature, and expecting an in- are called forth in the defence of particular stant decision. I appear now, as then, avow- opinions, and only offer the discussions of those edly defending the publication of the paper. I opinions to the public. I have always thought approach with the same apxiety, and have it of the utmost importance, that the latter some relief to that anxiety, tinding the deter- should be protected and encouraged. If in the mination of this important question in the bands paper here before you, you see no more than I of a jury of the principal citizens of London. profess I see, a writer called forth by ardent Gentlemen, I made no objection to that neglect zeal, for the safety of that sovereign which be and remissness, in convening a full jury bere, thinks in danger, and for the safety of that persuaded as I am, that collect the jury where country whose rights are involved in the same ihey will, among the inbabitants of this me- danger, called out to deliver his opinion of that tropolis, it is impossible to find men with hearts in this publication ; I am so far from thinking so foreigu to the ideas they owe to liberty and that paper obwoxious to any degree of cevsure public justice as to allow the conviction of the and condemnation, that I think the author must present defendant. Gentlemen, my learned have been said to have acted a justifiable part, friend has said, ibat upon the last trial, no par- to have obeyed the call on a good citizen, in ticular passages were pointed out to which we conveying the alarm, and giving notice where thougbi proper to apply a particular vindica- be thought it necessary. My learned friend tion. The charge was general; the answer, I has the same idea of the matter now to be deallow, was as general; and I think it seems as termined, upon the grounds on which you are proper and becoming to leave the construction to form your decision, that I entertain; it lies of a paper to a jury of citizens, who are the entirely in your own breasts to deterinine it; most competent judges of what sense and con- and I would not insinuate any thing that I struction belongs to a paper, unassisted by think they ought to adhere to, as I know you counsel. And if I did not enter into a defence to be a jury so well acquainted with your duty, of particular passages, it was because a general | that no instructions are necessary. For we all charge was exhibited, and no particular pas- know, that in all times, the honest, intrepid, sages pointed out, as bearing an unjustifiable upright conduct of a jury must be the refuge construction. My learned friend says, he of the people of this kingdom. That bas beeo knows no party so dangerous, as mercenary their security, when all other securities have writers employing their pens in the aspersion been taken away, and their liberties likewise. of private characters, or the misrepresentation They must and will, in the natural course and of public measures. I do most beartily agree evolution of things, flee again to the same asywith the gentleman, in a detestation of those lum; and upon that account, gentlemen that men who can be procured by any emoluments are called to exercise that important duty, do coming from any quarter, to prostitute their not want to be informed of that line of jurispen to the calumniation, slapder, and depre- diction tbat falls to them; that jurisdiction that ciating of the best characters in the king. they are to keep inviolable, and that jurisdicdomn. I do most heartily agree with him in tion upon which depends the security of every despising and contemning the authors; but l { subject of this kingdom : and that jurisdiction, do look further, and I bestow the higher mea- if once broke in upon, makes juries useless ; sure of indignation and condemnation on that and the practice and insult upon that substanfountain from whence flows the encouragement tial benefit, the constitution boasts of in it, and to such pernicious prostitution. None of that the public have constantly reaped from it; sort bas, however, been thought proper to be that live of distinction the jury have to deterbrought before you, with regard to ihe great mine of the full matters before them, and I and respectable characters that have been at- believe I shall be in no degree contradicted, tacked, as they say they have acted with im- when I shortly state the question you are to propriety in leaving the publisher to the pu- determine. Gentlemen, Mr. Miller is a citizen dishment that a just and indignant public jury of London, and is charged with having sedi. will always inflict upon indignant writers ; tiously published a paper reflecting upon the and if that is to be pursued, it shoNd be of person of the king ; vilifying his subjects, and those writers there should be a reparation wrote with a view of exciting a sedition ; vilisought for, to the constitution ; and those cha- fying the person of the king; wrole with a racters that you see every day ip daily publica- view of exciting sedition, with intent to alientions, publicly libelled and traduced, there ate the affections of the subjects from his ma. might be reparation sought for to those great jesty. That is the general description of the characters, though they cannot be protected charge against bim before you. It is alleged from the scurrility of malignant peos. But in the information, that it is a seditious libel, gentlemen, none of them are brought before reflecting upon the king, his administration of

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government, and his principal officers of state, tions to the king himself, and denying those and the bon. House of Commons; and in the virtues which all the world know him to be words and dashes contained in the specifica- possessed of? Through the wbole of the paper, tion of the letter itself; and if those words ibere is not an imputation of any bad quality were admitted, it is incumbent upon you, and in the king. On the contrary, those bad quayou must give satisfaction, and convict the lities are imputed to others. The learned gendefendant; and if that is not wanting, you tleman, in bis further prosecution of that deare called upon by your duty, to convict the sign, to make you assent to bis propositions, if defendant. Gentlemen, I would not be under subtilty can draw it from the line of truth, and stood here to be making a cavil of defence, give it that aspersion he says it contained; he as if I insisted literally upon a proof of every has told you his education is libelled; bis part of it. This I insist upon, that in all cases condition, his situation, and the wbole is a libel whatsoever, the principle of the crime is the upon him in the supposed difficulties in the maliguant mind, the bad design and intention access of an honest man to his closet, to tell in the writer ; and you must be satisfied of the bim be is surrounded by flatterers, and that proof and the nature of the subject before you, truth don't find easy access; and that is an ibat there was that malignant disposition in the aspersion upon the king. It has been the case writer. You must be convinced here, that of the best of kings; and no good qualities there was sedition in the intention; and if that in the mind of a sovereign can guard against proof is wanting, that charge is not made out; it. The most active and vigilant kings, have, it is like all the other cases of criminal prose in some part of their lives, suffered in the adcutions, whether for felony, perjury, or trea- ministration of government, from the diffison ; you must find the intention ; it must be culty there is to convey the truth to their ear. proved will'ul and corrupt, in case of perjury; It is not the person of the king, it is the misa and if they were to say they found the word fortune of a throne that it cannot be accessible false, without wilful and corrupt, they have in to people of all denominations. It'their servants effect, acquitted the defendant. They would are corrupt, they are surrounded, and a barrier do better, if in explicit words, they would is formed against the approach of all others, speak in the language of the law, in saying, that would convey any useful caution to the ear the defendant is not guilty. There is danger of the king. If he is in the hands of bad serin not being explicit, where the facts justify ao vants, the most wholesome steps are to be taken explicit explanation; and I do submit, gentle to deliver bimself from those serrants. Has men, that in the present case, you must be con- that construction coutended for by my learned vinced there is a seditious meaning and inten- friend, and ingeniously stated to you, has tion running though the whole of this publica-l it been well warranted by the paper before tion, though I don't see it is necessary to give you ? Let us consider the other ground upon proof of the whole, but you must be convinced wbich it has been contended. It has been said, of the seditious intention, su as to affect the the lord lieutenant of Ireland has been treated defendant with a proof of the seditious inten- wrongfully, and he don't deserve that title; tion at the time he published it. Gentlemen, and my learned friend said, he himself would my learned friend, knowing that to be the case, defend hiin, as he has known bis conduct, and knowing the necessity of such proofs to sup- been acquainted with him. Tbelord lieutenantport the present charge, be bas entered into an with regard to what it said of him, and to make examination of the paper, and he has laboured it apply, it bas been said it infers an insult upon to convince you, that this is a direct personal | the king, because he is told, after the disgraceful libel aud invective against the king. Gentle picture has been drawn of the viceroy and demen, if a subject of this kingdom so far forgets puty, that be is a fit or worthy representative of his duty, as to traduce and calumniate the per- the person that sent him. Read that passage, son of the king, in that case it would cut off a gentlemen ; I desire that passage may be fairserious defence; but it is necessary to the pre. Jy read. The import is, as I am warranted by sent prosecution, you should

understand it so ; the words—and l'expect to find no credit with the learned gentleman has, for that reason, so this, or any jury, if I wilfully misrepresent any laboured it, and you will judge of the success thing-the import, as I take it, is, that a disa of his labours. You will judge how well war. graceful viceroy has been sent to a neighbourranted by the paper before you, are the con- ing kingdom ; and the import of the paper is, structions the learned gentleman has put upon it was that viceroy that bas drawn discredit upon it. In the first place, says the learned gen- the person that sent him. Who sent bim? that tlemau, every bad quality is imputed to the person is not named that sent bim, nor is there kiog ; every good quality denied him. Gen- a word said, nay, it is so far from being said, that tlemen, 1 submit to your own consideration, representative is a worthy, becoming, or similar upon reading the paper, whether the obvious representative of his sovereiyn, the contrary meaning of the author is not quite contrary to is, in direct words, said-bis sovereign is disthe meaning put upon it by my learned friend; graced by him. This is the third ground by and whether he has not repeatedly borne testi. wbich it is represented, there must be a permony of the royal virtues of the king. Is that sonal application of this to the king. Then application just? Is it just to say, ibis is a paper my learned friend says, the next charge upon containing ihe imputation of all bad qualifica. him is, that he takes a sbare in the narroir VOL. XX.


views and fatal malignity of some individuals, , and, it is not only justifiable to say, that war is to sacrifice a private object; and that he had not begun properly, but peace is not made prostretched every nerve of government, and vio- perly: for, it has been frequently the case of Jated the constitution, by an ill-advised per- this kingdom, to exercise the royal prerogative sonal resentment. Is it criminal to say, every of the seal to a peace, which has been deministerial power has been employed io crush clared to be ignominions and dishonourable at that man ? if it is criminal, Mr. Miller makes the same time. At the same time we guard one amongst millions of guilty gentlemen. the person of the king; it is not his peace, but Does that, however, in the least degree, apply the ministers, and they should be punished for to the person of the king ? Are you not it. The ministers have then made use of this then, by reading the paper itself, convinced, argument, it is the king's; unfaithful to their that this has no application, in any degree, sovereign, if they have drawn reproach opon of that kind, to tbe person of the king? themselves, they will shelter themselves beIt contaios no insinuation to bis disgrace, no hind the curtaio, and will produce bim, reflection, no personal resentment upon him; Whenerer measures are freely wrote of, whoand, is it criminal in a man to say, if he tbinks ever should introduce the name of the king as so, that discontents prevail in ihis kingdom? | the author of it, he is the person who acts unis it criminal to state the grounds of it? is it worthy of that duty he owes to the king, and crimival, if be thinks it, to say there are dis- / be bas libelled the king, and brought his percoplents between one party and another ? is son into danger: those that take from the offiit criminal for a man who thinks there are cers of the crown, and throw that upon the evil counsellors about the king, to express his king which belongs to them, treat the person of wishes, that they may be removed ? İo direct the king ill, and make a libel upon him : but terms, these are the words, that they may be the jury will put a right construction upon this removed, and the parliament dissolved, and paper. The jury will consider the necessity of every cause of complaint removed from bis a free examination of measures, and they will government. And those who wish for the not suffer an expedient to take place, which prosperity of the king, and content and hap- would be at once unfaithful to the crown, and piness, may form such a wisb ; and, if justi- dangerous to the subject, to shut our mouths fiable in making it, certainly are justifiable in to all sorts of discontent, and to reduce this naexpressing it; and it can be no imputa- tion, like all others, where oppressions cannot tion upon the person of the king through. be expressed, where discontents are not known, out. But the measures of government have till they break out in events too dangerous, and been freely censured, from one end of this ton melancholy to be mentioned, And, as paper to the other, as the cause of the discon- their discontents are known, they may be retents, and that has been lamented; and an in- moved ; if well or ill-founded, they may be vidious interpretation has been given it, as aoswered by argument; if they are ill-meaif it was a menace to the sovereign. Gentle- sures, it is the happiness of this kingdom, that men, you all know, that whoever gives a picture we owe to the freedom and liberty, which is a of a distracted and discontented people, if he security to the throne and people. means to convey bonest advice, would name Genilemen, I have troubled you thus largely those consequences, which, in the course of in this cause, in answer to my learned friend's things, are likely to follow; the more he dreads arguments, and I hope my endeavours will and apprehends, and wishes to avert them, not be needless; for, you are the constituthe more freely will be name them, because tional judges of the question. You have the that is the means often to prevent them; and paper before you. If you see upon examinathe author may say, I fear, in course of time, tion of this paper, that ibere are none of those they may happen, and he may point out the seditious designs, nothing of that tendency, means by which they may be averted. The nothing that conveys a proof of such a malefears, and not the menace of the writer is con- volent disposition, either in the writer or the veyed to the crown. Then, gentlemen, I sub- defendant, which is charged in the information, mit to you, upon a full consideration of the I am persuaded you will do your duty, and paper before you, there are no reflections upon will, by an explicit verdict, not to be misunderthe person of the king; but the measures of stood, declare the defendant not guilty. I trust government are canvassed with that freedom, 1 you will, gentlemen, and, for that reason, I hope I shall always see them treated with in don't trouble you with corpments upon the this kingdom. I hope I shall never see them evidence produced before you. It is left to meet with any discouragement from juries, to you, whether you will say, a citizen of London say the person of the king is surrounded with shall

, for any paper published in such a way, evil counsellors; upon an examination of it, if be so far affected with the contents and know that should be the case, and they should meet ledge of it, that he sbould be said to bare with discouragement, it is shutting their formed horrible and seditious machinations mouths to any enquiry at all, and they must against the king and the subjects of this counrest contented at every act that is done by the try. Gentlemen, I shall not trouble you with king's servants, though that is virtually a dis- any more questions of this sort, because I continction in law from the king. We do not ceive the defendant to be safe in your bands. I consider that it is the king makes war or peace, have taken the liberty to subsoit that to you,

and you will seriously consider upon' what you Crowo-office was restrained from preferring any are to decide. You will consider whether he is information, without leave of the court, some guilty in the manner, form, and charge in this in- bow or other, this power remained in the Atformation, and whether heisguilty in every part, torney General. Gentlemen, if this libel be which must be added to make up the whole of so clear and su notorious, wly was it not left this charge. And, if you say he is guilty, you in the ordinary mode of indictment, and why in your own consciences, pronounce him guilty not left to a grand jury, to pass their sentiof every particular, specified offence. If you, ments upon it? why was not the Court moved, upon the other hand, should not suffer the de- whether the matter might bave been beard, fendant to be non-suited upon the paper before that it might be determined in some measure, you, and that you will give an example which on its first appearance? The leave of the Court ove day or another will do honour to the names would have been obtained, if they had seen of the jury, and the pation will derive that be proper ground; an answer would have been nefit which it bas always derived from a jury, given by affidavit, and by that an opportunity and I hope it ever will, I am persuaded you of exculpation; but it comes in that naked will not disapprove of that freedom which is state of it, in the information of that arbitrary made use of in that paper, when you see there creature, the Attorney General, who bas the is no intention of doing ill in it, which must be power to exbibit, in the way and manner that left to the wisdom and integrity of those gentle the luxuriance of bis fancy, and the intempermen, who are now the great judges of that, and I ance of bis zeal may suggest. Gentlemen, trust I have nothing to fear in the bebalf of my you will take it, divested of all that circle client.

of epitbets with which it is surrounderl, and

clear it from all that imputation of office. I Mr. Davenport. Please your lordship, and will now, gentlemen, consider the nature of you gentlemen of the jury, I am of counsel this question that comes before you, and the likewise for the defendant; and, after so very full and the absolute power which you have able a speech, by my learned leader, I should over it; for no power in this kingdom bas the have sat down very contented indeed, if I bad least control over you; nor have they the thought what the learned gentleman bad said least power entrusted to them of deciding upon upon the other side, deserved to pass without the subject, but what you refer to them : it is notice. But it has alarmed me; and I will in your hands, and it is solely there. Gentlegive you the reason, why I think it ought not men, tbe learned gentleman, taking, as I said to pass in silence. The gentleman, when he before, the broken parts of sentences, has, first opened it, took it for granted it was a libel, in my mind, introduced more real reviling which he presumed, without asserting the guilt. agaiost the sacred character of that person, It was a charge he would have thrown upon whom he supposes here to be introduced, than others, but it was a measure he bimself adopted; from any part of the pamphlet it is possible to and, I did expect from bis ability, and from the collect. You will observe, that in the very first situation he fills, that you would have had a opening of the writing, the writer stales as clear line of precision drawn, without a possi- a maxim of tbis constitution, and it is the hapbility of error, where the libel began, and piness of it, that the king can do no wrong: where it stopped. He has not ventured into a He says, that he will separate the private particular explanation of the whole of what he virtues of the man, from the vices of his calls the libel : he has commented, indeed, and governinent; the amiable prince, from the in a way, of which I sball take notice bye- folly and treachery of his servants; that, inand-bye to you, upon broken, disjointed mem- stead of friends, persons in that situation, are bers of sentences, without reading the fair and too liable to meet with the imputation of faopen sentence to you. Is there any book, either vourites. It is in that manner be introduces in sacred or profane history, that would ad- that very abuse that is supposed to be throwa mit of such a tearing and dismembering as that upon bis majesty. Gentlemen, you canoot be has been, without leaving the book absurd, and ignorant, how many controversial pamphlets possibly criminal. Gentlemen, I will now state and papers of every sort, of Juniuses and Antito you the manner in which this prosecution Juniuses, there have been published, by every comes before you; because I shall, by that, man who thought he had a right; and, I hope, wipe off from your minds any impression, if you will be of opinion, every man bas a right possible any could have been made, of a sup- to submit bis doubts to the public, provided he position that this information has gone througb confines himself to a free, open, public, and any consideration, much less received the able discussion of those grievances, which, we sanction of any one person, or any court, but conceive, scarcely affects the mere imaginacomes merely from the hand of him who has tion, without a ground; and this author must, taken the liberty to bring it before you. Gen-most sensibly bave felt it, as, I think, is manitlemen, the power of exbibiting these informa- fest from the strengtb and energy with which tions has fatally enough been left in the At- the paper itself is couched. Gentlemen, you torney General: it is a claim of office, and be will find, through Nie whole of this painplilet, uses it now. When the court of Star Cham- the maxims with which he sets out. I presume ber was abolished; wben the licenser of the you will see, that the minister bas found himself, press was taken away; when the master of the with all his tribe of writers, unable to defend

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