and traitorously cause to be composed and written divers books, pamphlets, letters, instructions, resolutions, orders, declarations, addresses, and writings, and did then and there maliciously and traitorously publish, and did then and there maliciously and traitorously cause to be published, divers other books, pamphlets, letters, instructions, resolutions, orders, declarations, addresses, and writings, the said books, pamphlets, letters, instructions, resolutions, orders, declarations, addresses, and writings so respectively composed, written, published, and caused to be composed, written, and published, purporting and containing therein, among other things, incitements, encouragements, and exhortations to move, induce and persuade the subjects of our said lord the King to choose, depute, and send, and cause to be chosen, deputed, and sent, persons as delegates, to compose and constitute such convention and meeting as aforesaid, to be so holden as aforesaid, for the traitorous purposes aforesaid. And further to fulfill, perfect, and bring to effect their most evil and wicked treason and treasonable compassings and imaginations aforesaid, and in order the more readily and effectually to assemble such convention and meeting as aforesaid, for the traitorous purposes aforesaid, and thereby to accomplish the same purposes, they did meet, consult, and deliberate among themselves, and together with divers other false traitors, to the said jurors unknown, of and concerning the calling and assembling such convention and meeting as aforesaid, for the traitorous purposes aforesaid, and how, when, and where such convention and meeting should be assembled and held, and by what means the subjects of our said lord the King should and might be induced and moved to send persons as delegates to compose and constitute the same. And further to fulfill, perfect, and bring to effect their most evil and wicked treason and treasonable compassings and imaginations aforesaid, and in order the more readily and effectually to assemble such convention and meeting as aforesaid, for the traitorous purposes aforesaid, and thereby to accomplish the same pur

poses, maliciously and traitorously did consent and agree that the said Jeremiah Joyce, John Augustus Bonney, John Horne Tooke, Thomas Wardle, Matthew Moore, John Thelwall, John Baxter, Richard Hodgson, one John Lovett, one William Sharp, and one John Pearson, should meet, confer, and co-operate among themselves, and together with divers other false traitors, to the jurors unknown, for and toward the calling and assembling such convention and meeting as aforesaid, for the traitorous purposes aforesaid. And further to fulfill, perfect, and bring to effect, their most evil and wicked treason and treasonable compassings and imaginations aforesaid, they malicionsly and traitorously did cause and procure to be made and provided, and did then and there maliciously and traitorously consent and agree to the making and providing of divers arms and offensive weapons, to-wit: guns, muskets, pikes, and axes, for the purpose of arming divers subjects of our said lord the King, in order and to the intent that the same subjects should and might unlawfully, forcibly, and traitorously oppose and withstand our said lord the King in the due and lawful exercise of his royal power and authority in the execution of the laws and statutes of this realm, and should and might unlawfully, forcibly, and traitorously subvert and alter, and aid and assist in subverting and altering, without and in defiance of the authority and against the will of the Parliament of this kingdom, the legislature, rule, and government now duly and happily established in this kingdom, and depose, and aid and assist in deposing, our said lord the King from the royal state, title, power and government of this kingdom. And further to fulfill, perfect, and bring to effect their most evil and wicked treason and treasonable compassings and imaginations aforesaid, they with force and arms maliciously and traitorously did meet, conspire, consult, and agree among themselves to raise, levy, and make insurrection, rebellion, and war within this kingdom of Great Britain, against our said lord the King. And further to fulfill, perfect, and bring to effect their most evil and

wicked treason and treasonable compassings and imaginations aforesaid, they maliciously and traitorously did meet, conspire, consult and agree amongst themselves, and together with divers other false traitors, to the jurors unknown, unlawfully, wickedly, and traitorously to subvert and alter, and cause to be subverted and altered, the legislature, rule, and government now duly and happily established in this kingdom, and to depose and cause to be deposed our said lord the King from the royal state, title, power, and governments of this kingdom. And further to fulfill, perfect, and bring to effect their most evil and wicked treason and treasonable compassing and imaginations aforesaid, and in order the more readily and effectually to bring about such subversion, alteration, and despotism as last aforesaid, they maliciously and traitorously did prepare and compose, and did then and there maliciously and traitorously cause and procure to be prepared and composed, divers books, pamphlets, letters, declarations, instructions, resolutions, orders, addresses, and writings, and did then and there maliciously and traitorously publish and disperse, and did then and there maliciously and traitorously cause and procure to be published and dispersed, divers other books, pamphlets, letters, declarations, instructions, resolutions, orders, addresses, and writings so respectively prepared, composed, published, dispersed, and caused to be prepared, composed, published, and dispersed, as last aforesaid, purporting and containing therein, amongst other things, incitements, encouragements, and exhortations, to move, induce, persuade the subjects of our said lord and King to aid and assist in carrying into effect such traitorous subversion, alteration, and deposition as last aforesaid, and also containing therein, amongst other things, information, instructions, and directions to the subjects of our said lord the King, how, when, and upon what occasions the traitorous purposes last aforesaid should and might be carried into effect. And further to fulfill, perfect, and bring to effect their most evil and wicked treason and treasonable com

passings and imaginations aforesaid, they did maliciously and traitorously consent and agree to the procuring and providing arms and offensive weapons, to-wit: guns, muskets, pikes, and axes, therewith to levy and wage war, insurrection, and rebellion against our said lord the King within this kingdom, against the duty of their allegiance, against the peace of our said lord the now King, his crown and dignity, and against the form of the statute in that case made and provided.

Mr. Erskine and Mr. Gibbs, afterwards Attorney-General and Chief Justice of the Common Pleas, were assigned as counsel for the prisoners. The prisoners having requested a separate trial, the Attorney-General decided to proceed first with the case of Thomas Hardy, a shoemaker, against whom he was most hopeful of securing a verdict.

The trial began at the session house in the Old Bailey, on the 28th of October, 1794, and continued until the 5th of November, before a special commission of oyer and terminer, Lord Chief Justice Eyre presiding.

The Attorney-General, Sir John Scott, afterwards Lord Eldon, opened for the Crown, with a speech of nine hours duration. So prolonged was his address that, though the trial proceeded until midnight, but little of the evidence for the Government had been adduced. It was therefore necessary to adjourn from day to day, it being the first trial for high treason in England which had not been closed at a single sitting. The court assembled at nine in the morning and continued in session until past midnight. The case for the Crown occupied Tuesday, Wednesday, Thursday and Friday, and the attention of the counsel for the prisoner being thus constantly occupied, not a moment's time was offered for arranging and preparing their defence. When the court therefore, was about adjourning at two o'clock

Saturday morning, the evidence for the Crown being almost closed, thus throwing upon Mr. Erskine the necessity of opening the case for the prisoner at nine o'clock the same morning, the following proceedings took place:

Mr. Erskine. My lords, this is the fourth day that my friend Mr. Gibbs and myself have stood in a very anxious situation; there has been a most voluminous body of written evidence, all of which has not been printed; copies of that part which is unprinted have not as yet reached me: there have been two days spent in hearing parol evidence; and we, being but two, assigned as counsel for the prisoner, have been obliged to be constantly engaged in court, in cross-examining the witnesses for the Crown; and your lordships very well know, that the cross-examination of the witnesses presents an important feature in our case on the part of the prisoner, a great deal of which has fallen upon me: your lordships must be sensible that it was impossible I could, at the time of cross-examining a witness, take any particular note of what he had said. When the evidence for the Crown was near closing, I humbly requested of your lordships the indulgence of an hour or two to look over the papers; your lordships were pleased to grant my request, which I considered as a personal civility to myself; but I was prevented, by extreme sickness, from availing myself of those two hours, for I was indeed so ill, that nothing less than a case of