to the case of the prisoner, Thomas Baird. For, though I did not think it necessary or proper in me to dwell on that circumstance in my observations to the jury when I summed up the evidence to them, I do now think it my duty to state, that the situation in which that gentleman stood, the rank of life in which he formerly moved,-the character he possessed, the influence he had, and, above all, the commission which he had lately held | as an officer, do, in relation to this offence, and to the circumstances in which it was committed, render his case of greater aggravation than that of the other prisoner.

This gentleman, although moving in an elevated sphere in the town of Kilmarnock, and selected by its inhabitants to be a commissioner of police, is proved, by incontrovertible evidence, to have associated for days with persons, some of them of the very lowest rank (for M'Laren is only an operative weaver), forming a deliberate plan for the meeting which has brought him into his unfortunate situation. I should have conceived Mr. Baird would have much better discharged his duty to his country,—would have shown a much better attention to the general distress, (for which I greatly feel, but trust it is now in a way to be alleviated), had he confined his exertions to contributing, according to his means, for the mitigation of that distress, instead of taking those active measures which it is proved he did take, in preparing the business,-in meetings,-in concocting the measures of the day,—and, above all, in actually putting in the mouth of the automaton who appeared in that box, a speech, which, when it is examined, will be found to contain the most scandalous and seditious matter. For the contents of that speech, whether Burt was the real or pretended author of it, Mr. Baird rendered himself responsible. I must therefore say, that, considering Mr. Baird had filled the honourable situation of Captain in a volunteer corps, he had altogether forgotten his duty in ever lending himself as a party to any such proceedings, the guilt of which is now attached to him by the verdict of the jury.

With regard to Alexander M'Laren, I have only to say, that he has been found guilty of delivering a speech which answers for itself, and I shall add nothing more on the subject.

go-by to this passage, what could be the true meaning of those who were accessory to this most scandalous libel on the clergy of Scotland. I have asked myself, whether it was meant to be applied to the Established Clergy, who are thus branded with being "Reverend hirelings, who would convince the people that they are suffering under the visitation of the Almighty, and therefore ought to be submissive under the chastening stroke." Is there any thing in their character to warrant such imputations against them? Did not all those who attended that meeting know, that there is not one of the Established Clergy who is not completely independent of the crown itself, and that they hold their situations as securely as any persons whatever do their property? What is there then in the conduct and character of the Established Clergy which could render them liable to the shameful imputation, that, as hirelings, they could be guilty of inculcating any particular doctrines? And what is the foundation of this charge? It is, that they are guilty of having endeavoured to impress on their hearers, that the distress of the country is to be viewed as the dispensation of Providence. Is there any man, with the slightest impression of religion on his mind, who will deny, that the severity of a bad season, the pressure of a bad harvest, proceeds from the will of Providence? Or was it meant to be impressed on the deluded and ignorant hearers at that meeting, that the Government, or any portion of the people, were responsible for the distress prevalent in the country, which had been occasioned by a bad harvest, that had doubled the price of the necessaries of life? And yet because resignation to the Divine Will had been recommended by the Clergy, they are branded as hirelings.

On the other hand, I have asked myself whether this charge was meant to be imputed to the respectable body of dissenting clergymen, who, almost without a solitary exception, have shown themselves to be attached to the best interests of the country, and have been distinguished for their loyalty and steady allegiance? Is it this class that was meant to be so branded? If so, they have to thank those of their flocks who could give countenance to the publication of such scandal against : them. This passage appears to me to designate the true character of the publication as most objectionable and inflammatory. It was intended to weaken the affections of the people to the government and established constitu tion of the country, while the character of the ministers of religion was likewise to be degraded. I ask, what would be the consequences if such proceedings were unchecked?

our sacred duty, in pronouncing the mild sentence (for the sentence certainly is extremely mild) which has been proposed, viz. that they shall be imprisoned for six months within the Tolbooth of the Canongate of Edinburgh (thus making the punishment of imprisonment as light as can be done), and that Thomas Baird shall find security to keep the peace for three years under the penalty of 2001.; and that Alexander M'Laren, in reference to his circumstances, shall only find security for the same period under the penalty of 40%.

Alexander M'Laren and Thomas Baird: after a most careful and attentive consideration of the whole circumstances of the case that was exhibited against you, a jury of your country has found both and each of you, the one by a plurality of voices, and the other, all in one voice, guilty of the crime of Sedition, as charged in the indictment. It is, I can assure both of you, a painful duty for me to announce to you, in reference to this verdict, the judgment which the Court has found it necessary to award against you. I say, I do it with sincere regret, when I reflect on the strong testimony that was borne to your former good characters. I lament that you had permitted yourselves to be misled on this unfortunate day of the 7th of December, the one to utter, and the other afterwards to give circulation to what a jury has pronounced to be sedition. I do trust and hope that the result of this verdict, and of the opinions you have heard pronounced by the whole Court, will have its due effect on both of you; that it will teach you, that however apparently innocent your proceedings may have been, they did result in crime, and might have been, if the example had been generally followed, productive of mischief to the interests of your country. I trust also, the salutary check given to proceedings of this description, will have an important effect on the public mind, by showing, that sacred as the right of petition is, entitled as the people of this free country are to state their grievances to government and the legislature, and to point out what may appear to them as remedies, that right affords no screen or protection to those, who, in the prosecution of that lawful object, lose sight of their duty, and are guilty of the crime of sedition

While the subjects of this country are entitled to state their grievances to the legislature, they must be careful, that neither in the previous proceedings, the speeches and resolutions, nor in the petitions themselves, they insert matter which is clearly of a criminal nature, seditious in its tendency, and likely to produce lasting mischief to their country. It will teach them, that although entitled to exercise that right, they must not, in its exercise, be guilty of a violation of law. I therefore trust that the result of this trial will be of important benefit to you in the course of your future lives, and that this Court shall not, with regard to you or others, have soon occasion again to animadvert on the crime of sedition. I likewise trust, that considering the recommendation of the jury, and the lenient punishment which, under all the circumstances, is about to be awarded against you, you will firmly resolve, that, when you again return to society, in which you formerly moved in a respectable line, you will be sincerely loyal in your hearts, and attached to the true interests of your country and the constitution under which you have the happiness to live.

SENTENCE.

The Lord Justice Clerk and Lords Commissioners of Justiciary having considered the verdict above recorded, in respect thereof decern and adjudge the said Alexander McLaren and Thomas Baird to be carried from the bar to the Tolbooth of Canongate of Edinburgh, therein to be detained for six months from sufficient caution and surety, acted in the this date, and thereafter until they shall find books of Adjournal, for their good behaviour for the space of three years from and after the expiration of the said period of imprisonment, and that under the respective penalties following: viz. The said Thomas Baird under the penalty of 2001. sterling, and the said Alexander M'Laren under the penalty of 401.;.. and upon the lapse of the said period of imprisonment, and finding caution as aforesaid, grant warrant to and ordain the magistrates of Canongate and keepers of their Tolbooth to set the said Thomas Baird and Alexander M'Laren at liberty.

COURT OF JUSTICIARY.

APRIL 9, 1817.

Present.

Rt. Hon. David Boyle, Lord Justice Clerk. Lord Hermand.

Lord Gillies.

Lord Pitmilly. Lord Reston.

Counsel for the Crown.

Rt. Hon. Alexander Maconochie, Lord Advo-
cate [afterwards a lord of Session and Justi-
ciary, with the title of Lord Meadowbank.]
James Wedderburn, Esq. Solicitor-General.
H. Home Drummond, Esq.

H. Warrender, W. S. Agent.
Counsel for William Edgar.
John Clerk, Esq.
Gen. Cranstoun, Esq.
Thos. Thomson, Esq.
James Moncrieff, Esq.
Francis Jeffrey, Esq.
J. P. Grant, Esq.
Henry Cockburn, Esq.
J. A. Murray, Esq.

G. W. Boyd, W. S. Agent.

William Edgar and John Keith were placed at the bar.

Lord Justice Clerk.-William Edgar and John Keith, pay attention to the indictment against you, which is now to be read.

"William Edgar and John Keith, both present prisoners in the Castle of Edinburgh, 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 an act passed in the fifty-second year of his present majesty's reign, intituled, 'An act to render more effectual an act passed in the thirty-seventh year of his present majesty, for preventing the administering or taking unlawful oaths,' it is inter alia enacted, That every person who shall, in any manner or form whatsoever, administer, or cause to be administered, or be aiding or assisting at the administering, of any oath or engagement, purporting or intending to bind the person taking the same to commit any treason or VOL. XXXIII.

murder, or any felony punishable by law with death, shall, on conviction thereof by due course of law, be adjudged guilty of felony, and suffer death as a felon, without benefit of clergy.' And further, by section fourth of the said act, it is enacted, That persons aiding and assisting at the administering of any such oath and engagement, as aforesaid, and persons causing any such oath or engagement to be administered, though not present at the administering thereof, shall be deemed principal offenders, and shall be tried as such; and on conviction thereof by due course of law, shall be adjudged guilty of felony, and shall suffer death as felons, without benefit of clergy; although the persons or person who actually administered such oath or engagement, if any such there shall be, shall not have been tried or convicted,' And further, by section sixth, of the said act, it is enacted,

That any engagement or obligation whatsoever, in the nature of an oath, purporting or intending to bind the person taking the same to commit any treason or murder, or any felony punishable by law with death, shall be deemed an oath within the intent and meaning of this act, in whatever form or manner the same shall be administered or taken, and whether the same shall be actually administered by any person or persons to any other person or persons, or taken by any other person or persons, without any administration thereof by any other person or persons: YET TRUE IT IS AND OF VERITY, that you, the said William Edgar and John Keith, are both and each, or one or other of you, guilty of the said crimes, or of one or more of them, actors or actor, or art and part: In as far as you, the said William Edgar and John Keith, having, at Glasgow, and in the vicinity thereof, in the course of the months of November and December 1816, and of January and February, 1817, wickedly, maliciously, and traitorously conspired and agreed with other evil-disposed persons to break and disturb the public peace, to change, subvert, and overthrow the government, and to excite, move, and raise insurrection and rebellion, and especially to hold and attend secret meetings, for the purpose of obtaining annual parliaments, and

universal suffrage, by unlawful and violent means, did then and there, both and each, or one or other of you, wickedly, maliciously, and traitorously administer, or cause to be administered, or did aid or assist at the administering, to a great number of persons, an oath or engagement, or an obligation in the nature of an oath, in the following terms, or to the following purport :-* In awful presence of God, I, A B, do voluntarily swear, That I will persevere in my endeavouring to form a brotherhood of affection amongst Britons of every description, who are considered worthy of confidence; and that I will persevere in my endeavours to obtain for all the people in Great Britain and Ireland, not disqualified by crimes or insanity, the elective franchise, at the age of twenty-one, with free and equal representation, and annual parliaments; and that I will support the same to the utmost of my power, either by moral or physical strength as the case may require: And I do further swear, that neither hopes, fears, rewards, or punishments shall induce me to inform on, or give evidence against any member or members, collectively or individually, for any act or expression done or made, in or out, in this or similar societies, under the punishment of death, to be inflicted on me by any member or members of such societies. So help me God, and keep me steadfast." Which oath or obligation did thus purport or intend to bind the persons taking the same to commit treason, by effecting by physical force the subversion of the established government, laws, and constitution of this kingdom. And, more particularly, you, the said William Edgar and John Keith, did, upon the 1st day of January 1817, or on one or other of the days of that month, or of December immediately preceding, or of February immediately following, at a secret meeting held for that and other unlawful purposes, in the house of William Leggat, change-keeper in King-street, Tradeston, in the vicinity of Glasgow, or elsewhere at Glasgow, or in the immediate vicinity thereof, both and each, or one or other of you, wickedly, maliciously, and traitorously administer, or cause to be administered, or did aid or assist at the administering an oath or obligation in the terms above set forth, or to the same purport, to Peter Gibson, John M'Lauchlane, John Campbell, and Hugh Dickson, all present prisoners in the Castle of Edinburgh; as also to James M'Ewan, now or lately carding-master at Humphries Mill, Gorbals of Glasgow, and M'Dowal Pate or Peat, now or lately weaver in Piccadilly-street, Anderston, in the vicinity of Glasgow, who, conscious of their guilt in the premises, have absconded and fled from justice as also to

John Connelton, now or lately cottonspinner in Calton of Glasgow, or to one or other of them, and to other persons, whose names are to the prosecutor unknown, the said oath or obligation, thus binding, or purporting to bind the persons taking the same to commit treason, as said is. (2.) And further you, the said William Edgar and John Keith, did, upon the 4th day of January, 1817, or on one or other of the days of that month, or of December immediately preceding, or of February immediately following, at the house of Neill Munn, innkeeper and stabler, in Ingram-street, Glasgow, or elsewhere at Glasgow, or in the immediate vicinity thereof, both and each, or one or other of you, wickedly, maliciously, and traitorously administer, or cause to be administered, or did aid or assist at the administering an oath or obligation in the terms above set forth, or to the same purport, to the said Peter Gibson, John M'Lauchlane, John Campbell, Hugh Dickson, M'Dowal Pate, or Peat, and James M'Ewan; as also to James Hood, Andrew Somerville, John Buchannan, and James Robertson, all present prisoners in the Tolbooth of Glasgow, or to one or other of them, and to other persons, whose names are to the prosecutor unknown, the said oath or obligation thus binding, or purporting to bind, the persons taking the same to commit treason, as said is. And you the said William Edgar having been apprehended and taken before Daniel Hamilton, esquire, one of the sheriffs-substitute of Lanarkshire, did, in his presence at Glasgow, on the 6th day of March, 1817, emit and subscribe a declaration; and having been taken before Robert Hamilton, esquire, Sheriff-depute of Lanarkshire, you did, in his presence, at Glasgow, upon the 7th and 8th days of March, 1817, emit and subscribe two several declarations: And you the said John Keith having been apprehended, and taken before the said Robert Hamilton, esquire, did, in his presence, at Glasgow, on the 6th and 7th days of March, 1817, emit and subscribe two several declarations: All which declarations, being to be used in evidence against each of you respectively, will be lodged in due time in the hands of the Clerk of the High Court of Justiciary, before which you are to be tried, that you may have an opportunity of seeing the same. At least, times, and places foresaid, the said oath or engagement, or an oath or engagement to the same purport, was wickedly, maliciously, and traitorously administered, or caused to be administered; and some persons did aid or assist at the administering thereof; and you the said William Edgar and John Keith. are both and each, or one or

James White, tobacconist in Dalkeith.
Robert Lyle, baker there.
John Wood, merchant there.
John Brown, farmer, Carrington.
Andrew Johnston, farmer, Primrose-barns.
County of Haddington.

other of you, guilty thereof, actors or actor, or art and part. All which or part thereof, being found proven by the verdict of an assize, before the Lord Justice General, the Lord Justice Clerk, and Lords Commissioners of Justiciary, you the said William Edgar and John Keith ought to be punished with the pains of law, to deter others from committing the like crimes in all time coming."

"H. HOME DRUMMOND, A. D."

LIST OF WITNESSES.

1. Robert Hamilton, Esq. sheriff-depute of Lanarkshire.

2. Daniel Hamilton, Esq. one of the sheriffssubstitute of Lanarkshire.

3. Daniel M'Callum, clerk to John Drysdale,

sheriff-clerk of Lanarkshire.

4. Matthew Burns, clerk to George Salmond, procurator-fiscal of Lanarkshire.

5. John Leslie, clerk to the said John Drysdale.

6. Joseph Reid, writer in Glasgow.

7. Alexander Calder, sheriff-officer in Glasgow,

8. James Thomson, clerk to the said John Drysdale.

9. Alexander Hunter, change-keeper, Old Wynd of Glasgow.

10. Marion M'Laren, or M'Lachlan, now or lately servant to the said Alexander Hunter.

11. John Robertson, innkeeper and stabler, Gallowgate Glasgow. 12. Agnes Campbell, wife of Thomas Dow, steam-boiler maker and smith at Girdwood and Company's foundry in Hutchesontown, in the vicinity of Glasgow. 13, Janet Rentoul, now or lately servant to Neill Munn, innkeeper and stabler in Ingram-street, Glasgow.

14. Alison Wilson, now or lately servant to the said Neill Munn.

15. Matthew Fyfe, spirit-dealer in Wilsonstreet, Glasgow.

16, Jean Boyd, wife of the said Matthew Fyfe. 17. William Leggat, change-keeper, in Kingstreet, corner of Centre-street, Tradeston, in the vicinity of Glasgow. 18. Hugh Dickson, present prisoner in the Castle of Edinburgh.

19. Peter Gibson, present prisoner there. 20. John M'Lauchlane, present prisoner there. 21. William Simpson, present prisoner there. 22. James Hood, present prisoner in the Tol

booth of Glasgow.

23. John Campbell, present prisoner in the castle of Edinburgh.

24. Thomas Sinclair, present prisoner there. H. HOME DRUMMOND, 4. D.

LIST OF ASSIZE.

County of Edinburgh.

Francis Carteret Scott, of Ballerno.

Richard Wooley, of Whitehouse..

William Aicheson, junior, of Drummore.
John Sommervill of Moreham.
William Hay, farmer, Howden.
John Brodie, farmer, West Fenton.
Robert Hope, farmer, Fenton.

William Glen of Mains.
County of Linlithgow.

John Trotter, farmer at Stacks.
William Dawson, younger, Bonnytoun.

George Turnbull, farmer at Northbank.
Robert Taylor, residing at Blackness.

City of Edinburgh,

Robert Fraser, jeweller in Edinburgh. Thomas Richardson, merchant-tailor there. David Whitelaw, watch-maker there. Peter Peddie, trunk-maker there. William Trotter, upholsterer there. Alexander Russell, coach-maker there. John Inverarity, upholsterer there. George Yule, merchant there. Alexander Ainslie, saddler there. John Steel, confectioner there. James Innes, gunsmith there. Daniel Forrest, hosier there. Peter Sawers, saddler there. George Hunter, merchant there. William Ross, tailor there. Charles M'Lean, draper there. John Laing, saddler there. John MPherson, tailor there. Francis Davidson, confectioner there. William Cooper, boot-maker there. William Dumbreck, hotel-keeper there.

Town of Leith.

John M'Kenzie, merchant in Leith.
Archibald Cleghorn, corn-merchant there.
Thomas Morton, ship-builder there.
Robertson Paterson, painter there.
Charles Robertson, merchant there.
John Sanders, agent there.
John Glover, wright there.

AD. GILLIES. D. MONYPENNY. DAVID DOUGLAS. Lord Advocate.-From certain circumstances, I find it proper to move the Court to desert the diet against John Keith pro loco et tempore. He will therefore be committed to prison upon a new warrant.

[This motion was accordingly agreed to.] Lord Justice Clerk.-William Edgar, what do you say to this indictment? Are you guilty or not guilty of the charges contained. in it?

William Edgar-Not guilty, my Lord.

Mr. Cranstoun-I am of Counsel in this case