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in the newspaper, I am not entitled to ask as circumstances that occurred through that day, to that recollection, but my question is, I could not say it was taken as an oath. It whether he can recollect the substance, not the might be the case. terms of it, without the newspaper? I wish In what form was it taken?_They stood up that to be further cleared up.

and held up their hands. I do not retnember what I have taken down from the witness.- their hands ?-Yes. Lord Justice Clerk.-—I think it right to state any words used at the time.

Part of the time it was read, they held up * That if he had not seen it in the newspapers he would not have remembered another word through the day ?-Being the first of January,

What were the circumstances that happened of it; and that, with the exception of the words I had got some liquor through the day. in the beginning he has stated, he could not have repeated on his oath any part of it, bad take upon me to speak with certainty as to

Did it affect your memory? – I could not he not so seen it in the newspapers.” Under

that night. these circumstances, we are clear it would not

Were you at Munn's ?-On the 4th of Jabe consistent with any rules of justice to have

nuary. the witness examined further as to the terms of

Was the prisoner there?-Yes. that oath, for he could oply give his recollection

Was the bond or oath read or administered from the newspaper.

there?-One man read it and held up his hand. Lord Hermand.-In answer to my question, Who was he?-I never saw him before or he said he could not without the newspaper since. `have recollected the last part of the oath ; so Was the prisoner present?-I do not know. he cannot be examined further on the terms of Who read it?- The man himself. the oath.

And held his hand up-Yes.

Was the prisoner present?-I could not say. [Witness brought back.]

The room was too small, and some withdrew. By whoto was this oath administered at wliether he was present at the administering.

He had been at the meeting, but I cannot tell Robertson's ?-By the prisoner. Mr. Jeffrey.—To whom was it administered ?

Lord Advocate. - Withdraw the witness. -To a man whom we met upon the road.

Having now concluded the most material part Whal other persons were present ?- We of the evidence upon which I had expected to went in with John Buchanan and this man, establish the charges laid in the indictment, and John Buchanan went out to see another and finding that the witnesses have not given man, and then came in; and I am not sure

testimony corresponding to their previous exwhether the administering was done when he aminations, and on which I was most thoroughly returned.

persuaded I should have convicted the panel, No other person ?-No.

I deem it incumbent on me, in justice to your You do not know his name?- No.

lordships, whose time is 100 precious to be

needlessly wasted, not to take up a moment Hugh Dickson sworn.-Examined by the

longer than necessary, by going into further Lord Advocate.

evidence, which I believe to be still less conDo you know the house of William Leggat? which,' I am now satisfied the panel is entitled

clusive, and without proceeding further in -Yes, I have been in the house. Who were all there ?-A number of men.

to a verdict of acquittal. However much, Was the prisoner there ?-Yes.

therefore, I must regret a result so different Was Peter Gibson there?-Yes.

from what the truth of the case and public Was MʻLachlane there?- Yes

justice demanded, my consolation will be, that Was John Campbell there ?-Yes.

I have discharged my own duty in submitting Was any oath taken or administered at that the investigation to the judgment of a jury. meeting ? -There was what we called a bond

Mr. Jeffery.--After what has been 'stated, of union agreed among us at that meeting.

with so much candour and propriety, by his Can you repeat it?-No.

majesty's advocate, I should be to blame, if I Can you tell the import of it?—Hearing it

were to dwell on the course of evidence which read, I could give an idea if it was like it. I has been led, I should be infinitely to blame, never read the original.

if even any feeling of joy or triumph, excusaDid you hear it read that night ?—Yes.

ble on such an occasion, should lead me to Who read it ?-I could not be certain of his make any further observations. I shall be name who read it. Was it the prisoner?-No.

satisfied with that verdict which the good Was he present when it was read ?-I think mine upon; and, in whatever terms that ver

sense and right feeling of the jury shall deterhe was.

dict shall be contained, I am sure it will do Did you taķe it? Was it given to you? ample justice to the whole case. Was it administered to you? - After it was agreed upon, it was taken by a vote. From Lord Justice Clerk.--Gentlemen of the jury,

I am happy to think, that, after what has taken • Vide 1 Phill. Ev. 288, 5th, ed.

place, the panel can expect nothing but an acVOL. XXXIII.

25

quittal. Your duty is now an extremely light | guard of a jury of your countrymen to watch and pleasant one, and very different from that over your interests, you have now an entire which must have been expected when we com- and perfect conviction of the happiness and menced this trial. It is your duty to return security under which the people of this couna such a verdict as you may think due to the try at present live, that you are now fully concase, taking all the circumstances into convinced the constitution of your country affords sideration, and to find the panel either Not a complete safeguard to its subjects ; and that Guilty, or the libel Not Proven.

there can be no risk of their lives or liberties I leave the case in your hands, you being being invaded, while the sanction of the law possessed of all the facts as hitherto disclosed, at all times extends its protection to them. I and quite able to discriminate the circum- hope, therefore, when you return to the society stances of the evidence. And as to the ver- in which you formerly lived, that, in whatever dict you return, it may be vivá voce, if you are proceedings you may have formerly been enunanimous; but, if not, we will sit with great gaged — whatever secret meetings you may pleasure to receive your verdict in writing, have attended — whatever description of perif you think it necessary to retire for that sons you may have been linked with by bonds purpose.

of union, oaths, or engagements, you will from The Jury, without retiring, unanimously

this time resolve to abstain from all such profound the libel Not Proven.

ceedings, and never render it even possible

that any such charge should again be exhibited Lord Justice Clerk.-Gen:lemen of the Jury, against you; that, on the contrary, you will you are now discharged from your fatiguing use your utmost endeavours, by holding out duty; and I have to express my entire con- the example of the protection of the law, which currence in the terms in which you have ex- you have experienced, to convince them that pressed your verdict.

they ought to unite with you in preserving unAndrew M'Kinley,-in consequence of what impaired that happy constitution and governhas passed this day, relative to the charge ment, under which the subjects of this country exhibited against you, the jury have returned a live ;-that, in short, you will act the part of a verdict, all in one voice, finding the libel Not good subject, justify the verdict in your favour, Proven. It is, therefore, the duty of the Court and prove, that, though you may have been to assoilzie you simpliciter, and to dismiss you misled by the designs perhaps of other men, from that bar. But, Sir, I cannot help notic- you are not wicked in heart, and will live ing, upon this occasion, that the verdict of peaceably in time to come. I trust what I your countrymen has not pronounced you to have now said will have a due effect, and I be Not Guilty of the charge that was exhibited congratulate you upon the verdict you have against you; and I have already stated in received. your presence, that, in reference to the evi.

« The Lord Justice Clerk and Lords dence, unsatisfactory and inconclusive as it

Commissioners of Justiciary, in respect of was with respect to the full measure of your guilt, and looking, above all, lo those declara

the foregoing verdict, assoilzie the panel tions of yours, which were proved and made

simpliciter, and dismiss him from the bar. part of the evidence by a regular minute of

(Signed) “D. Boyle, J. P.D." admission by your counsel, I am decidedly of Andrew M'Kinley.--I am not able to stand, opinion the jury were bound to return the ver- from a weak state of body, to return my thanks diet now upon record-a verdict which leaves in a long speech. But I wish to return my a mark upon your character, that nothing but sincere thanks to your lordships for showing a life of future rectitude in every respect can me such kindness;- to the gentlemen of the wipe off. You are now to be delivered from jury for their attention, and the verdict they all risk of punishment for any degree of guilt have returned :—and to the Lord Advocate for you may have incurred relative to the trans. his kind attention during my imprisonment;actions mentioned in the indictment; and I and I wish publicly to declare, that I had au do hope and trust, that, after the full, fair, and the liberty and indulgence that man could impartial trial you have undergone, in which, possibly have in such circumstances. My while an attempt was made to establish the feelings of gratitude to my counsel are stronger charge against you, you bad the protection of than I can express. the laws of your country, and the blessed safe

1

029) Proceedings against James M Ewan and others. A. D. 1817.

[630

Proceedings against James M'Ewan, and others, at Glasgow. EXTRACT, from the Record, containing Pro- murder, or any felony punishable by law with ceedings in the Circuit Court of Justiciary tent and meaning of this act; and in whatever

death, shall be deemed an oath within the inat Glasgow, against James M'Ewax, form or manner the same shall be administered M'DOWAL Pate, or Peat, and John

or taken, and whether the same shall be acCONNELTON, 23rd April, 1817, before Lords Hermand and Gillies.

tually administered by any person or persons

to any other person or persons, or taken by The diet was then called of the criminal any other person or persons without any admiprosecution at the instance of his majesty's ad- nistration ihereof by any other person or pervocate, for his majesty's interest against James sons." Yet true it is and of verity, that you, M'Ewan, now or lately carding-master at Hum. the said James M'Ewan, M'Dowal Pate, or phrie's Mill, Gorbals of Glasgow; M‘Dowal Peat, and John Connellon, are all and each, Pate, or Peat, now or lately weaver in Piccadilly- or one or other of you, guilty of the said street, Anderston, in the vicinity of Glasgow; crimes, or of one or more of them, actors or and John Connelton, now or lately cotton- actor, or art and part; in so far as you the spinner, in Calton of Glasgow, for the crime said James M'Ewan, M‘Dowal Pate, or Peat, of administering unlawful oaths, as particularly and John Connelton, having at Glasgow, and 'mentioned in the indictment raised and pur- in the vicinity, thereof, in the course of the sued against them thereanent bearing : months of November and December, one

James M‘Ewan, now or lately carding-master thousand eight hundred and sixteen, and of at Humphrie's Mill, Gorbals of Glasgow; January and February one thousand eight M‘Dowal Pate, or Peat, now or lately weaver hundred and seventeen, wickedly, maliciously, in Piccadilly-street, Anderston, in the vicinity and traitorously conspired and agreed, with of Glasgow; and John Connelton, now or other evil-disposed persons, to break and dislately cotton-spinner in Calton of Glasgow: turb the public peace, to change, subvert, and You are indicted and accused at the instance overthrow the government, and to excite, of Alexander Maconochie of Meadowbank, his move, and raise insurrection and rebellion; and majesty's advocate, for his majesty's interest : especially to hold and attend secret meetings That albeit by an act passed in the fifty-second for the purpose of obtaining annual parliayear of his present majesty's reign, intituled, “An ments and universal suffrage by unlawful and act to render more effectual an act passed in the violent means, did then and there, all and thirty-seventh year of his present majesty, for each, or one or other of you, wickedly, preventing the administering or taking unlaw- maliciously, and traitorously administer, or ful oaths," it is inter alia enacted, “ That every cause to be administered, or did aid or assist person who shall, in any manner or form what at the administering, to a great number of soever, administer, or cause to be administer- persons an oath or engagement, or ed, or be aiding or assisting at the administer- obligation in the nature of an oath, in the ing of any oath or engagement, purporting or following terms, or to the following purport : intending to bind the person taking the same _“In awful presence of God, I, A. B. do voto commit any treason, or murder, or any luntarily swear that I will persevere in my enfelony, punishable by law with death, shall, on deavouring to form a brotherhood of affection conviction thereof by due course of law, be amongst Britons of every description, who are adjudged guilty of felony, and suffer death as considered worthy of confidence, and that I a felony without benefit of clergy.” And will persevere in my endeavours to obtain for further by section fourth of said act, it is en- all the people in Great Britain and Ireland, acted, “That persons aiding and assisting at not disqualified by crimes or insanity, the the administering of any such oath or engage- elective franchise at the age of 21, with free ment as aforesaid, and persons causing any and equal representation, and annual parliasuch oath or engagement to be administered, ments; and that I will support the same to though not present at the administering thereof, the utmost of my power, either by moral or shall be deemed principal offenders, and shall physical strength, as the case may require. be tried as such, and on conviction thereof by And I do further swear, that neither hopes, due course of law shall be adjudged guilty of fears, rewards, or punishments shall induce felony, and shall suffer death as felons without me to inform on, or give evidence against benefit of clergy, although the person or per- any member or members, collectively or insons who actually administered such oath or dividually, for any act or expression done engagement, if any such there shall be, shall or made, in or out, in this or similar societies, not have been tried or convicted." and under the punishment of death, to be inflicted further, by section sixth of the said act, it is on me by any member or members of such enacted, “ That any engagement or obliga- societies. So help me God, and keep me stedtion whatsoever, in the nature of an oath, fast.” Which oath or obligation did thus purpurporting or intending to bind the person port orintend to bind the persons taking the same taking the same to commit any treason, or to commit treason, by effecting by physical force

an

631)

57 GEORGE III. Proceedings against James M-Ewan and others. (632 the subversion of the established government, the persons taking the same to commit treason, laws, and constitution of this kingdom. And as said is : And you, the said James M‘Ewan, more particularly you, the said James M'Ewan, M'Dowal Pate, or Peat, and John Connelton, M'Dowal Pate, or Peat, and John Connelton, conscious of your guilt in the premises, have did, upon the first day of January one thousand absconded and fled from justice. At least - eight hundred and seventeen, or on one or times and places foresaid, the said oath or en

other of the days of that month, or of Decem-gagement, or an oath or engagement to the ber immediately preceding, or of February same purport, was wickedly, and maliciously, immediately following, at a secret meeting, and traitorously administered, or caused to be held for that and other unlawful purposes, in administered ; and some persons did aid or the house of William Leggat, change-keeper in assist at the administering thereof; And you, king-street, Tradestown, in the vicinity of the said James M'Ewan, M‘Dowal Pate or Glasgow, or elsewhere at Glasgow, or in the Peat, and John Connelton, are all and each, immediate vicinity thereof, all and each, or or one or other of you, guilty thereof, actors, one or other of you, wickedly, maliciously, or actor, or art and part. All which, or part and traitorously administer, or cause to be thereof, being found proven by the verdict of administered, or did aid or assist at the an assize before the Lord Justice General, the administering of an oath or obligation in the Lord Justice Clerk, and Lords Commissioners terms above set forth, or to the same purport, of Justiciary, in a Circuit Court of Justiciary, to Peter Gibson, John M‘Lachlane, John to be holden by them, or any one or more of Campbell, and Hugh Dickson, all present their number, within the burgh of Glasgow, in prisoners in the Castle of Edinburgh, or to the month of April, in this present year one one or other of them, and to other persons, thousand eight hundred and seventeen, you the whose names are to the prosecutor unknown; said James M'Ewan, M‘Dowal Pate, or Peat, the said oath or obligation thus binding or and John Connelton, ought to be punished purporting to bind the persons taking the same with the pains of law, to deter others from to commit treason as said is. And further, committing the like crimes in all time (2.) you, the said James M‘Ewan, M'Dowal coming. Pate, or Peat, and John Connelton, did, upon (Signed) H. Home DRUMMOND, A. D. the fourth day of January one thousand eight hundred and seventeen, or on one or other of Pate or Peat, and John Connelton, having

And the said James M-Ewan, M'Dowal the days of that month, or of December imme- been all and each of them oftentimes called in diately preceding, or of February immediately following, at the house of Niel Munn, open Court, and three times at the door of the

Court-house, yet failed to appear, innkeeper and stabler in Ingram-street of Glasgow, or elsewhere at Glasgow, or in the The Lords HERMAND and GILLIES decern immediate vicinity thereof, all and each, or and adjudge the said James M-Ewan, M‘Dowal one or other of you, wickedly, maliciously, and Pate, or Peat, and John Connelton, all and traitorously administer, or cause to be admi- each of them, to be outlaws and fugitives from nistered, or did aid or assist at the administer- bis majesty's laws; and ordain them to be put ing an oath or obligation in the terms above to the horn, and their whole moveable goods set forth, or to the same purport, to the said and gear to be escheat and inbrought to his Peter Gibson, John MʻLachlane, John Camp- majesty's use, for not appearing this day and bell, and Hugh Dickson; also to James Hood, place, to underlie the law for the said crime Andrew Somerville, John Buchanan, and of administering of unlawful oaths, as they James Robertson, all present prisoners in the who were lawfully summoned for that effeci, Tolbooth of Glasgow, or to one or other of several times called in open court, and thrice them, and to other persons, whose names are at the door of the Court-house, yet failed to to the prosecutor unknown; the said oath or appear, as said is. obligation, thus binding, or purporting to bind, (Sigued)

Ad. GilĻIES. P,

701. Proceedings in the High Court of Justiciary at Edinburgh,

against Neil DOUGDAS* Universalist Preacher, for Sedition, May 26 : 57 Geo. III. A. D. 1817.

HIGH COURT OF JUSTICIARY.

May 26, 1817.

Present.
Rt. Hon. David Boyle, Lord Justice Clerk.
Lord Hermand.
Lord Gillies.
Lord Pitmilly.
Lord Reston.

Counsel for the Crown.
James Wedderburn, Esq. Solicitor-General.
H. Home Drummond, Esq.
James Maconochie, Esq.

H. Warrender, W. S. Agent.

Counsel for Niel Douglas.
Francis Jeffrey, Esq.
J. P. Grant, Esq.
Henry Cockburn, Esq.
J. A. Murray, Esq.

David Ramsay W. S. Agent,
Lord Justice Clerk.-Neil Douglas,-
Attend to the indictment against you,
which is now to be read.

“ Neil Douglas, Universalist preacher, residing in Stockwell street of the city of Glasgow, you are indicted and accused, at the instance of Alexander Maconochie of Meadowbank, his Majesty's advocate for his Majesty's interest: That albeit, by the laws of this and of every other well governed realm, sedition, more especially when committed by a minister, or by a person exercising the functions of a minister, in the performance of divine worship, is a crime of a heinous nature, and severely punishable: Yet true it is and of verity, that you the said Niel Douglas are guilty of the said crime, aggravated as aforesaid, actor, or art and part; In so far as, on the 9th day of March 1817, or on one or other of the days of that month, or of the months of February or January immediately preceding, in a house, hall or room, called the Andersonian Institution Class-room, situated in John street of the said city of Glasgow, you the said Niel Douglas, being a minister, or exercising the functions of a minister, did, in

This panel was a member of the celebrated British convention in 1793, in the proceedings of which assembly he appears to have taken a very active part; See the minutes antè Vol. 2. p. 392, et seq.

the course of divine worship, wickedly, slanderously, falsely and seditiously utter, before crowded congregations, chiefly of the lower orders of the people, prayers, sermons, or declamations, containing wicked, slanderous, false and seditious assertions and remarks, to the disdain, reproach, and contempt of his Majesty, and of his Royal Highness the Prince Regent, in their persons as well as in their offices; and also to the disdain, reproach and contempt of the House of Commons, and of the administration of justice within the kingdom; all which wicked, slanderous, false and seditious assertions and remarks were calculated and intended to the hurt, prejudice and dishonour of his Majesty, and of bis Royal Highness the Prince Regent, both in their persons and offices; to withdraw from the Government and legislature the confidence and affections of the people; and by engendering discord between the king and the people, to inflame the people with jealousy and hatred against the Government, and to fill the realm with trouble and dissension. More particularly, time and place aforesaid, you the said Niel Douglas did wickedly, slanderously, falsely and seditiously, in the course of the prayers, sermons or declamations uttered by you, assert and draw a parallel between his Majesty and Nebuchadnezzar king of Babylon, remarking and insinuating that, like the said king of Babylon, his Majesty was driven from the society of men for infidelity and corruption: And you, then and there, did further wickedly, slanderously, falsely and seditiously assert, that his Royal Highness the Prince Regent was a poor infatuated wretch, or a poor infatuated devotee of Bacchus, or use expressions of similar import: And you, then and there, did wickedly, slanderously, falsely and se ditiously assert and draw a parallel be. tween his Royal Highness the Prince Regent and Belshazzar king of Babylon; remarking and insinuating that his Royal Highness the Prince Regent, like the said king of Babylou, had not taken warning from the example of his father; and that a fate similar to that of the said king of Babylon awaited his Royal Highness the Prince Regent, if he did not amend his ways, and listen to the yoice of his people: And further, time and place foresaid, you did wickedly, slanderously, falsely and seditiously assert that the House of Commons was carrupta and

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