459. The Trial of JoHN MATTHEWS, Printer, for High Treason, for printing a Libel, entitled, "Ex ore tuo te judico, Vox Po puli Vox Dei,”* at the Sessions House, in the Old Bailey, before the Lord Chief Justice King, Lord Chief Baron Bury, the Judges Powis, Blencow, Price, Tracy, Eyre, Montagu, Fortescue, Page, and Dormer :† 5 GEORGE I. A. D. 1719. October 30, 1719. AT the Sessions House, in the Old Bailey, the 14th October 1719, the prisoner, John Matthews, was brought to the bar, but on the mo tion of the prisoner's counsel, and on producing an affidavit of one Carroll, the Court adjourned to the 16th: when the Court met again, the prisoner being brought to the bar, Mr. Justice Tracy, and Mr. Baron Price, attending, An objection was made by the prisoner's counsel, that by the statute of the 7th king William, the prisoner in the cases of high treason, is to have a copy of the pannel duly returned by the sheriff, two days at least before the trial; and that in the copy of the pannel so delivered to the prisoner and returned by the sheriffs of London, was inserted the names without the addition of parish, ward, or place of abode. And the question was, whether this is a right pannel, according to the act of the 27th Eliz. ch. 7, the title of which act is, that no juror shall be returned without an addition of his dwelling place, &c. And for that purpose the act provides, that no juror, whether living within or without a liberty, shall be re "By a gentleman, who was at Rome in September 1765, we are informed that the Pretender was declining in his health very fast; grown superannuated and childish; was never visited, or seen by any body, but those immediately attending upon him. He died at Rome, January 1, 1766.*-Thank God, Jacobitism is in a manner extinct, and all the hopes of the Pretender and his adherents, at an end: so we shall close the trials relating to the late unnatural rebellion in 1745-6, with the trial of one who suffered for asserting those weak doctrines of Hereditary Right, and the Rights of the Pretender, &c. which have occasioned the effusion of so much blood and treasure in these kingdoms; and we hope his present most sacred majesty king George Srd, may enjoy a long, very long, peaceable and quiet reign, over a free and happy people; and after him, a succession of princes sprung from his illustrious House." Former Edition. As to the Pretender, See Vol. 12, pp. 123, 144, et seq. This Trial was taken in short-hand, with leave of the Court, by Mr. J. Shayler. *See Leach's Hawkins's Pleas of the Crown, book 2, c. 49, s. 54. turned without an addition of the place, of his dwelling or abode, or some other addition, by which the party named may be known.* The judges then present differed in their opinion, and ajourned to another day, to take the opinion of the rest of their brethren, to whom the said judges that attended made their Report, and on the 30th of October, the Court met again, when eleven judges attended, (viz.) lord chief justice King, lord chief baron Bury, the judges Powis, Blencow, Price, Tracy, Eyre, Montagu, Fortescue, Page, and Dormer, (lord chief justice Pratt absent) who all agreed, that the city of London was not within the meaning of that act, and that the pannel was a good and legal pannel; and the trial ought to go on.-Accordingly the jury were called over, and after a great many were challenged by the prisoner, the following were sworn: The little Tract, entitled, "The Method of Trial of Commoners, in Cases of High Treason," published in the year 1709, by Order of the House of Lords, directeth, “ that the additions of dwelling-places, and professions of the jurors, be inserted in the copy of the pannel :" But the act doth not require that exactness, and the practice is otherwise. Foster's Reports, p. 230. But see 7 Anne, c. 21. Former Edition. See also Leach's Hawkins's Pleas of the Crown, book 2, ch. 39, s. 16. ་ 6 ac veram et debit' obedient' fidelitat' et ligeanc' | Anglie, &c. pretend. esse Princip. Wallie et [1326 quas quilibet subditus dict' Dni. Regis erga post dict' nup. Regis decessu. p'tenden. esse ipsum Daum. Regem gereret et de jure gerere suscipien. sup. se stilum et tit'lum Regis Antenetur penitus subtrahen. post vicesim' quintu' glie per no'en Jacobi tertii Innuendo) ' to make diem Martii Anno Dom. Milles, septingent' imo sexto scil't Decimo die Junii Anno Regni dict' glicanis verbis videlt. us happy.' Et in altera parte inde in his AnDni. Regis nunc Quinto apud London videl't Matthews Innuendo) will conclude with three in paroch' scti. Bothi extra Aldersgate in 'I' (seipm' Joh'em Warda de Aldersgate in London predict' ditary right' (Jus Hereditarium ad Coron. ' remarks. First, that every assertor of herein quodam falso et proditor. libello quem hujus Regni Innuendo) must be a Jacobite,' ipse predict' Joh'es Matthews adtunc et ibid. (Fautor persona in vita Jacobi sc'di nup. Remalitiose advisate et proditor' Impressit Inti- gis Anglie, &c. p'tens. esse Princip. Wallie et tulat. "Ex ore tuo te Judico, Vox Populi Vox | post dict' nup. Regis decessu. p'tenden, esse et Dei," de et concernen. persona in vita Jacobi suscipien. sup. se stilum et tit'lum Regis Anse'di nuper Regis Anglie &c. pretend' esse glie per no'en Jacobi tertii Innuendo.) SePrincip' Wallie et post dicti nup. Regis decessum pretenden' esse et suscipien' sup' se condly, every Whig who makes Vox Populi stilum et tit'lum Regis Anglie per nomen his rule of government must be so,' (InnuenJacobi tertii ac de et concernen' Jure ad Coron' do Jacobit. Anglice, a Jacobite.) Thirdly, Magne Britannie malitiose advisate directe et so,' (Innuendo Jacobit. Anglice, a Jacobite.) every assertor of limited monarchy must be proditorie per prædict' Impression' declaravit manutenuit et affirmavit scil't in una parte inde cobi sc'di nup. Regis Anglie, &c. p'tend' esse The Chevalier' (dictam personam in vita Jain his Anglicanis verbis sequent' videl't From Princip' Wallie et post dict' nup. Regis decesthe solemnity of the Chevalier's' (personam sum p'tenden' esse et suscipien. sup. se stilum In vita Jacobi secundi nup' Regis Anglie &c. et tit'lum Regis Anglie per no'en Jacobi 'tii Inpreten' esse Princip' Wallie et post dict' nup' nuendo) being endowed with all princely vir Regis decessum pretenden' esse et suscipientues; so that all rights'* (omnia Jur. ad sup' se stilum et tit'lum Regis Anglie per no'en Coron. hujus rni' Innuendo) concur in him,' Jacobi tertii Innuendo) birth, the moral im- (dictam p'son. in vita Jacobi sc'di nup. Regis 'possibility of putting an impostor on the Anglie, &c. p'tens esse Princip' Wallie et post nation' (Regnum Magne Brittanie Innuendo) dict' nup. Regis decessum p'tenden. esse et after the manner pretended, and the disap- suscipien. sup. se stilum et tit'lum Regis An"pointment in the attempt of proving him' (dic-glie per no'en Jacobi 'tii Innuendo) contra Litam personam in vita Jacobi secundi nup' Regis Anglie &c. pretend' esse Princip' Wallie et post dict' nup' Regis decessum p'tenden' esse et suscipiens sup. se stilum et tit'lum Regis Anglie per no'en Jacobi tertii Innuendo) so, l' (seipsum Joh'em Matthews Innuendo) think it is demonstration, if hereditary right be any recommendation, he' (dictam personam in vita Jacobi sedi' nup' Regis Anglie &c. p'tens' esse Princip' Wallie et post dict' nup. decessu' p'tenden. esse et suscipien' sup. se stilum et tit'lum Regis Anglie per no'en Jacobi tertii Innuendo) hath that' (Jus hereditarium ad Coron. hujus Regni Innuendo) to plead in his favour; and all assertors of limited monarchy must allow, that ought to be preferred, if the person having it is endowed with other qualities fit to govern. And the great opinion all courts have of this unfortunate 'Prince' (dictam personam in vita Jacobi scdi' nup. Regis Anglie &c. pretenden' esse Princip' Wallie et post dict' nup. Regis decessu' p'tenden. esse et suscipien. sup. se stilum et tit'lum Regis Anglie per no'en Jacobi 'tii Innuendo) virtues shew he' (dictam personam in vita Jacobi sc'di nup. Regis Anglie pretens' esse Princip' Wallie et post dict. nup. Regis decessu' p'tenden. esse et suscipien. sup. se stilum et tit'lum Regis Anglie per no'en Jacobi tertii Innuendo) only wants to be known by us' (popul. hujus regni Innuend') to be admired; and that we' (popul. hujus rni. Innuen.) only want the enjoyment of him' (dicam personam in vita Jacobi scdi' nup. Regis 6 geanc' sue debit' contra pacem dict' D'ni Re- posing him king James's son; (which is not vit qd. persona in vita Jacobi sedi' nup. Regis Anglie, &c. pretens. esse Princip. Wallie et post dict' nup. Regis decessu' p'tenden. esse et suscipien. sup. se stilum et tit'inm Regis Anglie per no'en Jacobi tertii Jus habet ad Coronam Magn. Britannie contra ligeanc' suam debit' contra pacem dict' Di'ni Regis nup. Coron. et Dignitat. suas necnon contra formam Statut, in hujusmodi Casu nup. edit, et provis." The Crier makes the usual proclamation, O yes, O yes, O yes! If any one can inform my fords the king's justices, the king's serjeant, the king's attorney general, or this inquest, now to be taken, of the high treason of which the prisoner at the bar stands indicted, let them come forth, and they shall be heard, for now the prisoner stands at the bar upon his deliveranee; and all others that are bound by recognizance to give evidence against the prisoner at the bar, let them come forth and give their evidence, or else they forfeit their recognizance: and all jurymen of London, that have appeared, and are not sworn, may depart the Court for this time. Wales, and after the decease of the said late king pretending to be, and taking upon himself, the stile and title of king of England, by the name of James the third) birth, the moral impossibility of putting an impostor on the nation (meaning the kingdom of Great Britain) after the manner pretended, and the disappointment in the attempt of proving him (meaning the said person in the life-time of James the second, late king of England, &c. pretending to be the prince of Wales, and after the decease of the said late king, pretending to be, and taking upon himself, the stile and title of king of England, by the name of James the third) so, I (meaning himself the said John Matthews) think it is demonstration, if hereditary right be any recommendation,† be (meaning the said person in +"This Matthews was a vain, weak, conceited young fellow, buoyed up by the Jacobites, and for small luere printed their treason|able papers, and dispersed them among the ignorant common people-persons of sense despising their nonsensical doctrine of Hereditary Right, &c. Such idle stuff having been long since exploded, every one now seems striving who shall appear most zealous in asserting those principles which brought about the glorious Revolution, and the happy establishment of the present royal family. "Mich. 12 Ann. Bedford's Treatise of Hereditary Right was held to be a libel, though it contained no reflection upon any part of the then government. Strange, vol. 2, p. 789. "Mr. Bedford having been found guilty at Guildhall, London, Feb. 13, 1713, of writing, printing and publishing a scandalous and seditious libel, entitled, The Hereditary Right, &c. the Court, May 4, in Easter term, gave judg ment, That lie should be fined 1,000 marks, 'imprisoned for three years without bail or mainprize, and upon his delivery, to be bound in a recognizance with four sufficient sureties in the sum of 5,000l. for his good behaviour during life; and that upon the next Friday he was to be brought up, and shewn to all the Courts sitting in Westminster-hall, with Clerk of Arraigns. John Matthews, hold up your hand. You of the jury look upon the prisoner, and hearken to his cause: he stands indicted by the name of John Matthews, of London, printer, for that he being a subject of our sovereign lord George, now king of Great Britam, France and Ireland, defender of the faith, &c. not having the fear of God in his heart, nor considering his due allegiance, but being moved and seduced by the instigation of the devil, as a false traitor, against our said lord the now king, his supreme, true, lawful and indubitable lord, altogether withdrawing that cordial love and true and due obedience, fidelity and allegiance which every subject of our said lord the king should bear, and, of right, ought to bear towards our said lord the king, after the 25th day of March, in the year of our Lord, 1706, viz. the 10th day of June in the 5th year of the reign of our now said lord the king, at London in the parish of St. Botolph without Aldersgate in the ward of Aldersgate at Lon-a paper in his hat expressing the crime and don aforesaid, in a certain false and treasonable libel, which he the said John Matthews then and there maliciously, advisedly and traitorously printed, intitled, "Ex ore tuo te Judico, Vox Populi Vox Dei," of and concerning the person in the life-time of James the second, late king of England, &c. pretending to be the prince of Wales, and after the decease of the said late king, pretending to be, and taking upon himself, the stile and title of king of England, by the name of James the third; and of and concerning his right to the crown of Great Britain, he did maliciously, advisedly, directly and traitorously, by the said printing, declare, maintain and affirm, in one part thereof, in these words following, viz. From the solemnity of the chevalier's (meaning the person input in execution that part of the judgment the life-time of James the second, late king of England, &c. pretending to be the prince of the judgment, and was committed to the custody of the marshal.' Upon Friday, Mr. Kettleby (one of the defendant's counsel) moved the Court upon a paper which was delivered in and read; it was under the privy seal signed by her majesty, and directed to the lord chief justice, the justices of the Court, the sheriff's of London and Middlesex, and marshal of the Queen's-bench, and imported a recital of the conviction and judgment; and that Mr. Bedford had humbly represented to her majesty by petition, That be was a clergyman of the Church of England, and prayed, that the ignominious part of the sentence might be remitted; These are there'fore to require you, and every of you, not to which is, that he be brought to the Courts in Westminster-hall, &c. and for so doing this the lifetime of James the second, late king of | And that we (meaning the people of this kingEngland, &c. pretending to be the prince of dom) only want the enjoyment of him (meanWales, and after the decease of the said lateing the said person in the lifetime of James the king pretending to be, and taking upon him- second, late king of England, &c. pretending self the stile and title of king of England, by to be the prince of Wales, and after the deceasc the name of James the third) has that (mean- of the said late king pretending to be, and taking an hereditary right to the crown of this ing upon himself the stile and title of king of kingdom) to plead in his favour; and all as- England, by the name of James the third) to sertors of limited monarchy must allow that make us happy." And in another part thereof ought to be preferred, if the person having it is in these words following, viz. "I (meaning endowed with other qualities fit to govern. himself the said John Matthews) will conclude And the great opinion all courts have of this with three remarks. First, That every asserprince's (meaning the said person in the life- tor of hereditary right (meaning hereditary time of James the second, late king of Eng-right to the crown of this kingdom) must be a land, &c. pretending to be the prince of Wales and after the decease of the said late king pretending to be, and taking upon himself the stile and title of king of England, by the name of James the third) virtues, shews he (meaning the said person in the lifetime of James the second, late king of England, &c. pretending to be the prince of Wales, and after the decease of the said late king pretending to be, and taking upon himself the stile and title of king of England, by the name of James the third) only wants to be known by us (meaning the people of this kingdom) to be admired.* 'shall be warrant.' of your, sufficient and every your, "The Court immediately made a rule to 'discharge the marshal of his attendance with him that day, and said they would consider how the judgment ought to be entered upon. Gilbert's Cases, 297. "This Mr. Bedford (formerly rector of Wickering, in the diocese of Peterborough, and fellow of St. John's, Cambridge,) was a Nonjuring clergyman, and though convicted as above, was thonght to have had little or no hand in writing the book, he not being esteemed equal to the performance. It was supposed to have been wrote by Mr. Harbin, a Nonjuror, (a west country gentleman) who had been formerly chaplain in the old lord Weymouth's family. The preface to it was said to be wrote by Mr. Downes, a Nonjuror, of Baliol College at Oxford. It is imagined they had the perusal of lord Hales's MSS. of the Pleas of the Crown, by the passages they have taken from thence. Those obnoxious passages were omitted by Mr. Emlyn, when he published that work, by the advice of two great men in the law. "Mr. Bedford, by not discovering the author, &c. was a great gainer in the end; for setting up a boarding-house near Westminsterschool, for young gentlemen, by the help of the above persons, and others of that party, he got a considerable fortune; which he left to his son, Dr. Bedford, a physician in London, who died a few years ago.”—Former Edition. See mention of Bedford in Mr. Lechmere's Speech January 9, 1716, on the impeachment of the Scots' lords, p. 762, of this volume. "Only wants to be known by us to be admired. The more he was known in Scotland, VOL. XV. Jacobite (meaning a favourer of the person in in the year 1715, the more he was despised; the instigation of the devil, as a false traitor, How sayest thou, John Matthews, art thou tion for silence. Crier. O Yes, O Yes, O Yes! My lords the king's justices strictly charge and command all manner of persons to keep silence, upon pain of imprisonment. L. C. J. Gentlemen of the king's counsel, you may proceed. Mr. Bootle (afterwards sir Thomas Bootle). May it please your lordship, and you gentlemen of the jury, I am counsel in this case for the king. The prisoner at the bar stands indicted of high-treason, upon the statute made in the 6th year of the late queen Anne's reign, and it is for maliciously, advisedly, and directly, by printing, declaring, and affirming, that the Pretender hath a right and title to the crown of these realms.* devil, as a false traitor, against our said lord My lord, there is laid to be likewise in another part of this libel, that he did maliciously, advisedly, and traitorously, by the said printing, declare, maintain, and affirm, in these words following, viz. "I (meaning himself the said John Matthews) will conclude with these remarks. First, That every assertor of hereditary right (meaning hereditary right to the crown of this kingdom) must be a Jacobite (meaning a favourer of the Pretender). 2dly, That every Whig who makes "Vox Populi" My lord, the Indictment sets forth, that he his rule of government, must be so (meaning a being a subject of our sovereign lord George, Jacobite). And, 3dly, Every assertor of linow king of Great Britain, France, and Ire-mited monarchy must be so, (meaning a Jacoland, not having the fear of God in his heart, nor considering his due allegiance, but being moved and seduced by the instigation of the * See Leach's Hawkins's Pleas of the Cr. book 1, c. 17, § 108. bite), the Chevalier (meaning the Pretender) being endowed with all princely virtues; so that all rights (meaning all rights to the crown of this kingdom) concur in him (meaning the Pretender)." This is laid to be contrary to his allegiance, against the peace of our sovereign |