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631) 57 GEORGE III. Proceedings against James M Ewar and others. (639 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, N'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 eiglit hundred and seventeen, or on one or times and places foresaid, the said oath or enother 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 elsew bere 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, 4. 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- his 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 wko were lawfully summoned for that effect, 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. GILLIES. 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.
Counsel for the Crown.
H. Warrender, W. 8. Agent.
Counsel for Niel Douglas.
David Ramsay W. S. Agent,
“ 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 beinous 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 exer
cising 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 untè 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 burt, prejudice and dishonour of his Majesty, and of his Royal Highness the Prince Regent, both in their persons and offices; to withdraw from the Government and legislature the confidence and affectious of the people; and by engendering discord beiween 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, slanderpusly, 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 insinuata ing 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 wreteh, ora poorinfatuated devotee of Bacchus, or use expressions of similar import: And you, then and there, did wickedly, slanderously, falsely and seditiously assert and draw a parallel between 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 Babylon, 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 voice of his people. And further, time and place foresaid, you did wickedly, slanderously, falsely and ședitiously assert that the House of Commons was corrupt, and
that the members thereof were thieves and Archibald Cochran of Ashkirk.
County of Haddington.
County of Linlithgowo. of Lanark, did, in his presence, at Glas- James Joseph Hope Vere of Craigiehall. gow, emit three
several declarations, James Dundas of Dundas. dated the 15th, 17th and 18th days of Robert Angus, residing at Cowdenhill. March 1817: Which declarations being James Trotter, farmer at Newton, parish of to be used in evidence against you, will Abercorn. be lodged in due time in the hands of John Nimmo, farmer there. the clerk of the High Court of Justiciary, before which you are to be tried, that you
City of Edinburgh. may have an opportunity of seeing the Peter Begbie, smith in Edinburgh. same. At least, time and place foresaid, in Patrick Campbell, hotel-keeper there. the course of divine worship, prayers, William Blackwood, bookseller there. sermons or declamations were wickedly, James Macgregor, hotel-keeper there. slanderously, falsely and seditiously ut- James White, bookseller there. tered containing the foresaid wicked, Ebenezer Gilchrist, banker there. slanderous, false and seditious assertions, John Lyall, wine-merchant there. remarks and insinuations, by a person Thomas Storrar, baker there. who was a minister, or who exercised the John Mackay, post-master there. functions of a minister; and you the said Dwvid Macgibbon, builder theio. Niel Douglas are guilty thereof, actor, or John Rochead, musical-instrument maker there. art and part. All which, or part thereof, | Andrew Brown, founder there. being found proven by the verdict of an Robert White, pewterer there. assize, before the lord Justice-General, William Peddie, leather-merchant there. the lord Justice Clerk, and lords com- Archibuld Lumsdaine, merchant there. missioners of Justiciary, you the said William Hogg, cloth-merchant there. Niel Douglas ought to be punished with Alexander Greig, accountant there. the pains of law, to deter others from William Waddell, printer there. committing the like crimes in all time John Swin. Simpson, silver-plater there. coming. James Wedderburn, A. D.” John Fairbairn, bookseller there.
Robert Boyd, clothier there. Robert Hamilton, Esq. Sheriff-depute of the
Town of Lith. county of Lanark. James Thomson, clerk to John Drysdale, sheriff- James Geddes, Hope Street, Leith. clerk of Lanarkshire,
Henry Paterson, builder there. George Duncan, sheriff officer in Glasgow. Robert Bayne, grocer in Leith. John Leslie, clerk to the said John Drysdale. James Bell, merchant there. Duncan Clark, Glasgow.
Robert Bruce, manager for the London and Robert Alexander, tobacconist, Glasgow.
Edinburgh Shipping Company at Leith. Matthew Lowdon, tailor there.
John Paul, seed merchant in Leith. John Maccallum, town-officer there.
Robert Wilson, merchant there. Alexander Taylor, town-officer there.
Lord Justice Clerk.-Niel Douglas, What do
you say to this indictment?-are you guilty
or not guilty ?
Panel.-Not Guilty, my lord:
Lord Justice Clerk. Have the counsel for
the panel any objections to the relevancy of William Bruce of Ålderston.
this indictmen: ?
LIST OF WITNESSES.
Mr. Jeffrey.--No, my lord. We have given his majesty's advocate, for his majesty's inin defences for the prisoner.
terest, against Niel Douglas, panel, find the DEFences for the Rev. Niel Douglas to the
same relevant to infer the pains of law; but indictment against him at the instance of allow the panel to prove all facts and cirhis Majesty's advocate for his Majesty's in- alleviate his guilt, and remit the papel, with
cumstances that may tend to exculpate him, or terest.
the indictment as found relevant, to the knowThe panel denies that he is guilty of the ledge of an assize. crime charged in the indictment, or that he
“ D. BOYLE, J. P. D." ever made use of the expressions there imputed to him, or of any similar expressions. lordships' determination now is, whether you
Lord Justice Clerk.— The question for your On the contrary, he avers and offers to prove; should proceed, at this late hour, to the trial that he has always spoken with the utmost
of the prisoner. respect of the Sovereign, and the Houses of Parliament; has on all occasions extolled the Lord Advocate.--If agreeable to your lordJaws of the country, and exhorted all his hear- ships, I should wish that the trial should now ers to avoid and discountenance every sort of proceed, in order to save trouble to the jury tumult or disorder.
and the witnesses who are in attendance. Under protestation to add and eik.
Mr. Jeffrey. It is our vish on the part of
the prisoner that the trial should go on now, as LIST OF EXCULPATORY WITNESSES. he has brought witnesses from Glasgow; and
to delay the trial would occasion additional William Warrell, weaver in Marlborough- expense and trouble. So far from objecting
street, Calton of Glasgow. Allan Campbell, teacher, Dempster-street, interest and desire that it should proceed now;
that the trial should go on at present, it is our Glasgow.
and, for my own part, I have no wish for David Young, weaver, Barrack-street, Calton. John Rentoul, candle-maker, Argyle-street,
delay on any personal considerations. Glasgow.
Lord Hermand.— I wish to get quit of the William Nisbet, weaver, High-street, Glasgow. monstrous load of business which we have at John Chalmers, weaver, Carrick-street, Brown- present. Two other important cases at prefield, Glasgow
sent remain to be disposed of. Rev. James Smith, St. Patrick-square, Edinburgh.
Lord Pitmilly. If we proceed now it would Rev. James Donaldson, head of Blackfriars'. 1 prove a serious interference with our other
duties. wynd, Edinburgh.
Lord Justice Clerk.-It would be most painLord Justice Clerk.-Your lordships have ful to me to allow any thing to interfere with seen this indictment, and have heard the de- the interest of the prisoner; and therefore, fences for the prisoner read; and though no although inconvenient to us in some respects, objections to the relevancy of the indictment
we shall proceed with the trial. have been stated by his counsel, yet if, in reference to the sufficiency of the facts charged
The following persons were then named as in the minor proposition to establish the crime jurymen. charged in the major, or in reference to any Thomas Dodds, farmer at Edgelaw. other circumstance in the indictment, any ob- James Boak, farmer, Broachrigg.. jections to the relevancy have occurred to your William Aitchison of Drummore. lordships, you will now state them to the John Fowler of Windygowll. Court.
Robert Howden, farmer, Chapel. Lord Hermand.-I should be happy to find
James Dundas of Dundas. that the charge of employing such language
James Trotter, farmer at Newton. regarding the sovereign of this country as that
William Blackwood, bookseller, Edinburgh. stated in the indictment should not be brought Eben. Gilchrist, banker there. home to any subject. Never was a sovereign
John Lyall, wine-merchant, Edinburgh. less deserving of such imputations. The in- John Mackay, post-master there. dictment is unquestionably relevant.
William Waddel, printer there.
James Bell, merchant in Leith. Lord Gillies.-I see no objections to the re.
Robert Bruce, manager of the London and levancy of this indictment.
Edinburgh Shipping Company at Leith. *Lord Justice Clerk --The usual interlocutor Robert Wilson, merchant there. finding the relevancy of the indictment falls now to be pronounced. Niel Douglas : attend to the interlocutor of relevancy.
Alexander. Gollan sworn.-Examined by
Mr. Maconochie. “The Lord Justice Clerk and Lords Commissioners of Justiciary having considered the in- Mr. Grant.- I object to this witness, as we dictment raised and pursued at the instance of have had no opportunity of knowing any thing
EVIDENCE FOR THE CROWN.
about him. It is not said when, or it what that were about him, and place wise and capacity he resided in Tobago-street, Calton faithful counsellors around his throne. of Glasgow. Another objection which we Do you remember any thing further he said state, is, that we understand his name is in his prayer, or in his sermon ?-This was in Gullan, while the name in the list of witnesses his lecture; that agreeably to the situation &ntiexed to the indictment is Gollan. I need every person is placed in, he is more or less not take up the time of the Court in showing accountable for the sins he commits; and if that these objections are sufficient to entitle us the prince, in particular, be guilty of not to demand that the evidence of this witness be listening to the voice of his people, he would rejected.
endure punishment for a series of years.
Do you remember any thing more?-I canCourt.-What is your name ?-Gollan.
not say that I do at the present time. Mr. Maconochie.—I do not think it necessary Do you remember if there was any thing to state any thing in answer to the other ob- said about the House of Commons ? There jection.
might, but I do not remember at the present
time. Court.—Where do you live? - Tobago
Did he say any thing about the Habeas street, Calton.
Corpus act ?--He gave a statement of the Mr. Maconochie.- What is your profession? suspension of it, how far it ran; something -I am a weaver.
with regard to that. Were you one of the patrole of the county What did he say?- I do not remember. of Lanark ?- I was one of the patrole.
Do you remember the substance of what he Have you been in the habit; upon any oco said !-No, I do not remember. casion, of attending Mr. Douglas's sermons ? Did he approve of the suspension of the -Yes, I have heard him once or twice. Habeas Corpus act ?-He found fault with it.
When?-I do not remember the time; in Did he say any thing about those that passed the month of January or February last. the aet suspending the Habeas Corpus act?
Where was his meeting !- In John-street, I No, I do not remember. think.
Do you remember if he talked at all about In the Andersonian Institution ?-Yes. the victory of Waterloo ? Was the meeting crowded ?-Yes. What sort of persons attended it chiefly.
Mr. Jeffrey.-I object to that question. They were mostly of the lower orders. At what time of the evening was the meet- that, by the practice of the Court, the question
Solicitor General.—There can be no doubt
, ing ?—From six to eight. On what day of the week?_Sunday.
may be put to the witness. The general charge Can you speak more particularly to the against the panel is, that he uttered certain
discourses of a seditious nature and tendency; time ?-_I cannot say more particularly: Did any thing strike you particularly as to fication of the particulars from which the sedi
and,"in the minor proposition, there is a speciw Mr. Douglas's sermons! Did he introduce tion charged is to be made out. We are not politics into them? Yes.
restricted in our proof to the particular words That is he sitting there ?-Yes. Do you remember any of the texts he nerally whether in his discourses his expres
charged in the indictment, but may prove ged preached from ?— From the fifth chapter of sions were wicked or seditious. There may be Daniel. cussion about the king Some little, but I courses may be proved to be either innocent Do you remember his entering into any dis- many circumstances of an apparently trifting
nature, from which the character of these disremember but very little of it now.
or seditious. I aver that the answer to the Tell what you recollect of it?-He made a question which has been put will throw most simile of George the third to Nebuchadnezzar, - important light on this matter. In the case and of the prince regent'
to Belshazzar, and of Muir, a question of this sort occurred; and frisisted that the prince represented the latter some of your lordships will recollect, that an in not paying much attention to what had happened to kings; and that the king of objection was made to questions being pöt rés France had not acted agreeably to the voice in the libel"; and the Court did allow the proo
garding any expressions but those contained of the people, and brought himself to the block on that account. And, enlarging in his dis secutor to enter into a proof of circumstances
not mentioned in the libel.** course, he told the people it was necessary to have a reform, and he set forth, that the only (He read the debate from the printed trial.j means for getting it was by petitioning, and that he had no doubt that by petitioning it and the prosecutor was found entitled to prop
There was thus a long debate on the subject; would be obtained.
Do you remember any thing further I do ceed in his proof. Here the same rule should not remember much more of his sermons. In
be adopted. his prayer, he prayed that the lord might turn the heart of the prince, calling him infatuated, * Muir's Case, 2 How. Nod. St. Tr. 139, that he might disperse the corrupt counsellors 140; 148 et seg.