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587. Proceedings in the High Court of Justiciary at Edinburgh, against JAMES TYTLER, on an Indictment charging him

with Sedition, January 7th: 33 GEORGE III. A. D. 1793.

Curia Justiciaria S. D. N. Regis, tenta in some other place to the public prosecutor unNova Sessionis domo de Edinburgh, sep-known, wickedly and feloniously compose timo die Januarii, millesimo septingen- and write, or cause to be composed or written tesimo et nonogesimo tertio, per hono- a seditious libel or writing, addressed “To rabiles viros Robertum Mac Queen de the People and their Friends," whereof the Braxfield Dominum Justiciarium Cleri- tenor follows: cum, Alexandrum Murray de Henderland, Davidem Rae de Eskgrove, Joannem Swinton, et Alexandrum Abercromby de Abercromby, Dominos Commissionarios Justiciariæ dicti S. D. N. Regis.

Curia legitimè affirmata. THE which day the diet of the criminal letters raised and pursued, at the instance of Robert Dundas, esq. of Arniston, his Majesty's Advocate for his Majesty's interest, against James Tytler, chemist, residing in King's Park, in the neighbourhood of Edinburgh and in the county of Edinburgh, being called; which criminal letters make mention, That albeit, by the laws of this and all other well governed realms, the wickedly and feloniously writing or printing, or causing to be written or printed, any seditious libel or writing; as also the wickedly and feloniously distributing and circulating any such seditious writing, or libel, when so printed; or the causing the same to be distributed and circulated among the inhabitants of a populous city, the metropolis of a country, are crimes of an heinous nature, dangerous to the public peace, and severely punishable; yet true it is, and of verity, that he the said James Tytler has presumed to commit, and is guilty of all and each or one or other of the foresaid crimes, actor or art and part: in so far as, upon one or other of the days of the month of November in this present year 1792, or of the month of October immediately preceding, or upon some other day in this present year to the public prosecutor unknown, the said James Tytler did, at Edinburgh, in the county of Edinburgh, or at VOL. XXIII,

"To the People and their Friends.

"A reform in Parliament being now universally talked of, it seems necessary for you to consider of the means by which that reform is to be accomplished, which means have not yet been seriously taken into consideration by any person, or number of persons, that I have heard of. It is said, that Mr. Pitt will perhaps bring in a reform; and I understand that this has been held forth to you by certain colonels and captains (perhaps I may mistake their titles), in whom I wish you to put no confidence. What right has Mr. Pitt to make the parliament good or bad as he pleases? Or what right have the parliament to lengthen or shorten the time of their own sitting? Will you still suffer yourselves to be duped, and to be made the tools of every one who thinks proper to assume the authority over you? I have been told, that those who would be your leaders, advise you to petition parliament. The proposal involves itself in contradiction. The parliament has already showed itself unworthy of confidence, and it has usurped a power to which it has no right. If the House of Commons is composed of the representatives of the people, these must be the servants of the people. Will you then be so absurd as to petition your own servants, or people who ought to be so? But the truth is, that the members of this house have become the masters not only of the people but of the king also. How many petitions have of late been presented to the house of commons, and how few to the king? As the Popish priests absorbed the worship due to the Deity by stocks and stones and

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rascally saints, so have the house of commons artfully drawn away the attention of the people of Britain from the king to themselves. Those who advise you to petition the house of commons, insidiously and slily tell you, that these are your only just and awful masters; yet these very persons will rail against the corruptions of the house of commons as much as any body; nay they are part of the house whom they desire you to petition; so that their advice ends in the very modest request that you would petition themselves! But, besides this absurdity, you must consider the house of commons as your enemies. They affect to consider themselves as the democratical part of the constitution. They are not; they are a vile junto of aristocrats. The majority of them are landholders; and every landholder is a despot in the most true and literal sense of the word. He can, directly or indirectly, extort from the country what he pleases: He can raise the price of provisions; he can turn people out of their possessions; he can drive them to the utmost ends of the earth; and, in short, turn the country, at least that part of it which he possesses, into a wilderness, if he pleases. It is this monstrous power of the landholders that you have to combat; and it is the want of something to balance this power, that is the true foundation of all the grievances you labour under. If you wish a remedy for the evils which you suffer, and are resolved to petition, surely you must petition the person who has it in his power to grant the remedy; and this is no other than the king, whom you seem entirely to have forgot. You cannot be ignorant that the king can dissolve parliaments, and call them together when he pleases. If you wish parliament to sit only three years, petition the king to dissolve it at that term; and, if he consents, you have your desire, at the same time that the parliament has no reason to complain. If you wish to have an equal representation, let those who are not represented petition the king: let them set forth, that they are oppressed and enslaved by an assembly of aristocrats, who call themselves the representatives of the people, but are not; let them request that the king will allow them to choose representatives for themselves; and that they may choose any person of good understanding and character to this office, though he should not be a landholder; nay let them make an exception, that these representatives shall not be landholders, and it will be so much the better. Let not the minister, or his spies, however, deceive you, by promising a reform, and admitting the inferior class of landholders as electors, or capable of being elected, as I am told he has offered. Thus you would be overwhelmed with an inundation of tyrants, and in a worse situation than you are. Let not money, or land, or houses, be thought to make a man fit for being an elector or representative; an

honest and upright behaviour is the only qualification. Wealth has too long usurped the place and the rights of virtue; let virtue now resume its own power and dignity, to the exclusion of every thing else. Remember, that it was by an unwarrantable stretch of power, that the commons enlarged the duration of their own sitting. If they get this power sanctified by a petition from the national convention, it is precisely what they want and instead of obtaining any reform, the chains of the nation will be rivetted." Which seditious libel or writing the said James Tytler delivered to William Turnbull, printer in Edinburgh, upon one or other of the days of the said month of October in this present year, or of the month of November following, and employed him to print the same; and he having accordingly done so, and thrown off five hundred copies, or thereby, thereof, which were delivered by him to the said James Tytler, on the 26th day of the said month of November, or some one or other of the days of that month, or of October preceding, or of December following, he the said James Tytler did, immediately thereafter, and upon one or other of the days of the said months, wickedly and feloniously distribute and circulate, or cause to be dis tributed and circulated, amongst the inhabitants of the city of Edinburgh and its suburbs, a considerable number of the said seditious libel or writing, so printed, as aforesaid, to the amount of two hundred and fifty, or thereby. And the said James Tytler, with the view, and for the purpose of inflaming still more the minds of the inhabitants of the said city of Edinburgh and its suburbs, inciting them to break the public peace, and of inspiring them with sentiments hostile to our happy constitution, and injurious to the peace and happiness of the inhabitants of this realm, did, within some few days after the so printing, publishing, and distributing and circulating of the said seditious libel, as aforesaid, compose and write, or cause to be composed and written, a wicked and seditious paragraph, of the following tenor:

"If the king do not hear you, our Magna Charta hath this for its basis, that the people need not pay any contributions towards the public exigencies of that country to which they do not belong; for it bears, that we must appear, either in person, or by our representatives, and calmly and deliberately put our hand, as it were, to our pocket, and pay what we please, or what is agreed to; and as this at present is not the case, but only with a small number, the rest of the nation are either slaves, or not of their community; and consequently not under their law, until such time, so to speak, as we be naturalized. This is the law of our Magna Charta: and as we are without the national bond, in this we are beyond their law, as by it we must have our voice in framing our laws, or they are none of ours; consequently, we may as timidly sub

mit to laws imposed on us by the pope, as submit to laws imposed on us by such a junto. The conclusion is, if the king hear you not, keep your money in your pockets, and frame your own laws, and the minority must submit to the majority."

Which seditious writing or paragraph the said James Tytler did, upon one or other of the days of the said month of November, in this present year, or of October preceding, or December following, also deliver to the said William Turnbull, with directions to print the same on the back or second page of the aforesaid wicked and seditious libel, that had been so printed, as aforesaid; for which purpose, the said James Tytler returned to the said | William Turnbull such of the copies of the said seditious libel or writing that had been printed as aforesaid, as had not before that time been distributed or circulated by him the said James Tytler, to the number of two hundred and fifty, or thereby; and the said William Turnbull having accordingly, in terms of the said directions, printed, or caused to be printed, the said wicked and seditious writing, or paragraph, on the back of the copies of the aforesaid seditious libel, that had been so returned to him for that purpose by the said James Tytler, he did thereafter deliver the whole of the same, or nearly so, to the said James Tytler: and he, the said James Tytler, did thereafter, on one or other of the days of the said month of November, or of October preceding, or December following, wickedly and feloniously distribute and circulate, or cause to be distributed and circulated, amongst the inhabitants of the said city of Edinburgh and suburbs thereof, the said seditious libel, originally printed and thrown off as aforesaid, with the addition of the said seditious paragraph so printed on the said second page of the same. And the said James Tytler having been apprehended on suspicion of being guilty of the said crimes, and carried before John Pringle, esq., sheriff depute of the county of Edinburgh, he did in his presence emit and sign a declaration upon the 4th day of December 1792, which was likewise subscribed by the said John Pringle; and being to be used in evidence against the said James Tytler at his trial, will for that purpose, together with two printed papers, (the one which is marked No. 1. being one of the aforesaid seditious libels so first printed and circulated as aforesaid, and the other marked No. 2. being one of the aforesaid seditious libels to which a paragraph was afterwards added and printed on page 2nd

thereof, and afterwards circulated as aforesaid, both also subscribed by the said James Tytler and the said John Pringle, esq. and other persons, be lodged in due time with the clerk of the high court of justiciary, before which the said James Tytler is to be tried, that he may have an opportunity of seeing the same. At least, times and places afore said, the said wicked and seditious libels or writings were written, printed, published, distributed, and circulated, as aforesaid, and the said James Tytler is guilty actor, or art and part thereof. All which, or part thereof, being found proven by the verdict of an assize, before our lord justice general, lord justice clerk, and lords commissioners of justiciary, the said James Tytler ought to be punished with the pains of law, to deter others from committing the like crimes in all time coming.

And the said James Tytler having been often times called in court and three times at the door of the court house, he failed to appear to underlye the law for the crimes specified in the said criminal letters.

Whereupon his majesty's advocate moved, that sentence of fugitation and outlawry might be awarded against him; and as he understood bail had been given for the appearance of the said James Tytler when apprehended by the sheriff of Edinburgh, he craved that the bail bond might be forfeited, and the penalty recovered.

The lord justice clerk and lords commissioners of justiciary, decern and adjudge the said James Tytler to be an outlaw and fugitive from his majesty's laws, and ordain him to be put to his highness's horn, and all his moveable goods and gear to be escheat, and inbrought to his majesty's use, for his contempt and disobedience in not appearing this day and place, in the hour of cause, to have underlyen the law for the crimes of sedition and others specified in the said criminal letters raised against him thereanent, as he who was lawfully cited to that effect, and oftimes called in court, and three times at the door of the court house, and failing to appear as said is; and ordain the bond of caution granted by James Hunter and Robert Ross, booksellers in Edinburgh, for the appearaned of the said James Tytler, under the penalty of six hundred merks Scots to be forfeited, and the penalty therein contained to be recovered by the clerk of this court, to be disposed o as the Court shall direct. ROBERT M'QUEEN. J. P. D.

(Signed)

588. Proceedings on the Trial of JOHN MORTON, JAMES ANDERSON, and MALCOLM CRAIG, on an Indictment charging them with Sedition. Tried before the High Court of Justiciary at Edinburgh, on the 8th, 9th, and 11th Days of January: 33 GEORGE III. A. d. 1793.*

Curia Justiciaria S. D. N. Regis, tenta in Nova Sessionis domo de Edinburgh, octavo die Januarii, millesimo septingentesimo et nonogesimo tertio, per honorabiles viros Robertum Mac Queen de Braxfield Dominum Justiciarium Clericum, Alexandrum Murray de Henderland, Davidem Rae de Eskgrove, Joannem Swinton de Swinton, Dominum Gulielmum Nairn de Dunsinan Baronetum et Alexandrum Abercromby de Abercromby, Dominos Commissionarios Justiciariæ dicti S. D. N. Regis.

Curia legitimè affirmata.

Intran,

persons above complained upon with others their associates did with a seditious and wicked design, in the evening of the 18th day of November of this present year 1792, or upon one or other of the days or nights of that month or of October preceding, come into the Castle of Edinburgh in the county of Edinburgh, and having gone into the room commonly called king James's room, in the lower canteen or sutlery of the said Castle, and having called for some liquor, they did then and there, all and each, or one or other of them, in the presence of Thomas Hume, corporal in the Grenadier Company of the 37th regiment of foot, and of Thomas Huxter, Alexander Stronach, and Michael Fish,

John Morton, apprentice to Stewart Ruth-soldiers in the said 37th regiment of foot, then ven and company, printers in Edinburgh.

James Anderson, journeyman printer with Mundell and Son, printers in Edinburgh; and Malcolm Craig, also journeyman printer with the said Mundell and Son, printers in Edinburgh, Panels.

INDICTED and accused at the instance of Robert Dundas, esq. of Arniston, his majesty's advocate for his majesty's interest, for the crimes of sedition and others mentioned in the criminal libel raised against them thereanent, bearing, That where by the laws of this and of every other well governed realm, the uttering seditious speeches, tending to create a spirit of disloyalty and disaffection to the sovereign and to the established government; more especially when such discourse and speeches are addressed to persons in the military service of the country, whose peculiar province it is to protect the king and constitution as by law established, and uttered with a view to corrupt and withdraw them from their duty and allegiance to their sovereign and their country is a crime of an heinous nature, tending to the subversion of all order and government and severely punishable; yet truc it is and of verity that the said John Morton, James Anderson, and Malcolm Craig, are all and each or one or other of them guilty actors or art and part of the foresaid crime aggravated as aforesaid. In so far as the said

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garrisoned in the said castle, and some of whom had been purposely sent for to join their company, among other wicked and seditious speeches, propose or drink or cause to be drunk as a toast, "George the third and last, and damnation to all crowned heads"-or they the said persons complained upon, did words of the same meaning and import; and farther insist upon the said corporal and other soldiers aforesaid then present, to join with them in the said wicked and seditious toast; and they the said John Morton, James Anderson, and Malcolm Craig, or one or other of them, did at time and place foresaid seditiously and feloniously endeavour to raise discontent in the minds of the said corporal and soldiers, or of one or other of them, and to seduce them from their duty and allegiance to their sovereign and their country, by falsely and insidiously pretending that their pay was too small, and holding out to them the prospect of higher pay if they would join a certain description of men whom the said persons styled "The Friends of the People," or a "Club for Equality and Freedom." And the said John Morton having upon the 20th day of November 1792, been brought before John Pringle, esq. our sheriff depute of the shire of Edinburgh did emit and sign a declaration; and the said James Anderson having upon the said 20th day of November 1792, been brought before the said John Pringle, esq., did emit and sign a declaration; and the said Malcolm Craig having upon the said 20th day of November 1792 been brought before the said John Pringle, esq., did emit and sign a declaration; which three declarations above mentioned will be used in evidence against

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