6311 57 GEORGE III. Proceedings against James M'Ewan and others. [682 same purport, was wickedly, and maliciously, and traitorously administered, or caused to be administered; and some persons did aid or assist at the administering thereof; And you, the said James M'Ewan, M'Dowal Pate or Peat, and John Connelton, are all and each, or one or 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, in a Circuit Court of Justiciary, to be holden by them, or any one or more of their number, within the burgh of Glasgow, in the month of April, in this present year one thousand eight hundred and seventeen, you the said James M'Ewan, M'Dowal Pate, or Peat, and John Connelton, ought to be punished with the pains of law, to deter others from committing the like crimes in all time coming. 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 enother of the days of that month, or of Decem-gagement, or an oath or engagement to the ber 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, Tradestown, in the vicinity of Glasgow, or elsewhere at Glasgow, or in the immediate vicinity thereof, all 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 of an oath or obligation in the terms above set forth, or to the same purport, to Peter Gibson, John M'Lachlane, John Campbell, and Hugh Dickson, all present prisoners in the Castle of Edinburgh, 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 further, (2.) you, the said James M'Ewan, M'Dowal Pate, or Peat, and John Connelton, did, upon the fourth day of January one thousand eight hundred and seventeen, 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 Niel Munn, innkeeper and stabler in Ingram-street of Glasgow, or elsewhere at Glasgow, or in the immediate vicinity thereof, all 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'Lachlane, John Campbell, and Hugh Dickson; also to James Hood, Andrew Somerville, John Buchanan, 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, (Signed) H. HOME DRUMMOND, A. D. Pate or Peat, and John Connelton, having And the said James M'Ewan, M'Dowal been all and each of them oftentimes called in open Court, and three times at the door of the Court-house, yet failed to appear, The Lords HERMAND and GILLIES decern and adjudge the said James M'Ewan, M'Dowal Pate, or Peat, and John Connelton, all and each of them, to be outlaws and fugitives from his majesty's laws; and ordain them to be put to the horn, and their whole moveable goods and gear to be escheat and inbrought to his majesty's use, for not appearing this day and place, to underlie the law for the said crime of administering of unlawful oaths, as they who were lawfully summoned for that effect, several times called in open court, and thrice at the door of the Court-house, yet failed to appear, as said is. (Signed) 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. Counsel for the Crown. James Wedderburn, Esq. Solicitor-General. H. Warrender, W. S. Agent. Francis Jeffrey, Esq. Henry Cockburn, 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 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 hurt, 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 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 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 seditiously assert that the House of Commons was corrupt, and that the members thereof were thieves and robbers; that seats in the said House of Parliament were sold like bullocks in a market, or use expressions of similar import: And further, time and place foresaid, you did wickedly, slanderously, falsely and seditiously assert, that the laws were not justly administered within this kingdom; and that the subjects of his Majesty were condemned without trial, and without evidence, or use expressions of similar import. And you the said Neil Douglas having been apprehended and taken before Robert Hamilton, Esquire, Sheriff-depute of the county of Lanark, did, in his presence, at Glasgow, emit three several declarations, dated the 15th, 17th and 18th days of March 1817: Which declarations being to be used in evidence against you, 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, time and place foresaid, in the course of divine worship, prayers, sermons or declamations were wickedly, slanderously, falsely and seditiously uttered containing the foresaid wicked, slanderous, false and seditious assertions, remarks and insinuations, by a person who was a minister, or who exercised the functions of a minister; and you the said Niel Douglas are guilty thereof, 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 Niel Douglas ought to be punished with the pains of law, to deter others from committing the like crimes in all time coming. James Wedderburn, A. D." | Archibald Cochran of Ashkirk. County of Haddington. William Aitchison of Drummore. County of Linlithgow. James Joseph Hope Vere of Craigiehall. John Nimmo, farmer there. City of Edinburgh. Peter Begbie, smith in Edinburgh. Town of Leith. James Geddes, Hope Street, Leith. Robert Bruce, manager for the London and Robert Wilson, merchant there. D. BOYLE. AD. GILLIES. DAVID DOUGLAS. 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 this indictment? Lord Justice Clerk.-Your lordships have seen this indictment, and have heard the defences for the prisoner read; and though no objections to the relevancy of the indictment have been stated by his counsel, yet if, in reference to the sufficiency of the facts charged in the minor proposition to establish the crime charged in the major, or in reference to any other circumstance in the indictment, any objections to the relevancy have occurred to your lordships, you will now state them to the Court. Lord Hermand.—I should be happy to find that the charge of employing such language regarding the sovereign of this country as that stated in the indictment should not be brought home to any subject. Never was a sovereign less deserving of such imputations. The indictment is unquestionably relevant. Lord Gillies.-I see no objections to the relevancy of this indictment. Lord Justice Clerk.-The usual interlocutor finding the relevancy of the indictment falls now to be pronounced. Niel Douglas: attend to the interlocutor of relevancy. "The Lord Justice Clerk and Lords Commissioners of Justiciary having considered the indictment raised and pursued at the instance of his majesty's advocate, for his majesty's interest, against Niel Douglas, panel, find the same relevant to infer the pains of law; but allow the panel to prove all facts and circumstances that may tend to exculpate him, or alleviate his guilt, and remit the panel, with the indictment as found relevant, to the knowledge of an assize. "D. BOYLE, J. P. D.” lordships' determination now is, whether you Lord Justice Clerk.-The question for your should proceed, at this late hour, to the trial of the prisoner. Lord Advocate.-If agreeable to your lordships, I should wish that the trial should now proceed, in order to save trouble to the jury and the witnesses who are in attendance. Mr. Jeffrey. It is our wish on the part of the prisoner that the trial should go on now, as he has brought witnesses from Glasgow; and to delay the trial would occasion additional expense and trouble. So far from objecting that the trial should go on at present, it is our interest and desire that it should proceed now; and, for my own part, I have no wish for delay on any personal considerations. Lord Hermand.-I wish to get quit of the monstrous load of business which we have at present. Two other important cases at present remain to be disposed of. Lord Pitmilly.-If we proceed now it would prove a serious interference with our other duties. Lord Justice Clerk.-It would be most painful to me to allow any thing to interfere with the interest of the prisoner; and therefore, although inconvenient to us in some respects, we shall proceed with the trial. The following persons were then named as jurymen. Thomas Dodds, farmer at Edgelaw. EVIDENCE FOR THE CROWN. Alexander Gollan sworn.-Examined by about him. It is not said when, or in what capacity he resided in Tobago-street, Calton of Glasgow. Another objection which we state, is, that we understand his name is Gullan, while the name in the list of witnesses annexed to the indictment is Gollan. I need not take up the time of the Court in showing that these objections are sufficient to entitle us to demand that the evidence of this witness be rejected. Court. What is your name?-Gollan. Mr. Maconochie.-I do not think it necessary to state any thing in answer to the other objection. Court. Where do you live?-Tobagostreet, Calton. Mr. Maconochie.-What is your profession? -I am a weaver. Were you one of the patrole of the county of Lanark ?-I was one of the patrole. Have you been in the habit, upon any occasion, of attending Mr. Douglas's sermons? -Yes, I have heard him once or twice. When? I do not remember the time; in In the Andersonian Institution ?—Yes. At what time of the evening was the meeting ?-From six to eight. On what day of the week?-Sunday. Can you speak more particularly to the time? I cannot say more particularly. that were about him, and place wise and faithful counsellors around his throne. Do you remember any thing further he said in his prayer, or in his sermon ?-This was in his lecture; that agreeably to the situation every person is placed in, he is more or less accountable for the sins he commits; and if the prince, in particular, be guilty of not listening to the voice of his people, he would endure punishment for a series of years. Do you remember any thing more ?--I cannot say that I do at the present time. Do you remember if there was any thing said about the House of Commons?-There might, but I do not remember at the present time. Did he say any thing about the Habeas Corpus act ?-He gave a statement of the suspension of it, how far it ran; something with regard to that. What did he say ?—I do not remember. Do you remember the substance of what he said? No, I do not remember. Did he approve of the suspension of the Habeas Corpus act?-He found fault with it. Did he say any thing about those that passed the act suspending the Habeas Corpus act?— No, I do not remember. Do you remember if he talked at all about the victory of Waterloo? Mr. Jeffrey.-I object to that question. Solicitor General.-There can be no doubt, that, by the practice of the Court, the question may be put to the witness. The general charge discourses of a seditious nature and tendency; against the panel is, that he uttered certain and, in the minor proposition, there is a speci fication of the particulars from which the sedi tion charged is to be made out. We are not restricted in our proof to the particular words That is he sitting there ?-Yes. Do you remember any of the texts henerally whether in his discourses his express charged in the indictment, but may prove ge preached from?-From the fifth chapter of Daniel. Did any thing strike you particularly as to Mr. Douglas's sermons? Did he introduce politics into them ? Yes. Do you remember his entering into any discussion about the king? Some little, but I remember but very little of it now. Tell what you recollect of it?-He made a simile of George the third to Nebuchadnezzar, and of the prince regent to Belshazzar, and insisted that the prince represented the latter in not paying much attention to what had happened to kings; and that the king of France had not acted agreeably to the voice of the people, and brought himself to the block on that account. And, enlarging in his discourse, he told the people it was necessary to have a reform, and he set forth, that the only means for getting it was by petitioning, and that he had no doubt that by petitioning it would be obtained. Do you remember any thing further? I do In not remember much more of his sermons. sions were wicked or seditious. There may be many circumstances of an apparently trifling nature, from which the character of these discourses may be proved to be either innocent or seditious. I aver that the answer to the important light on this matter. In the case question which has been put will throw most of Muir, a question of this sort occurred; and objection was made to questions being put resome of your lordships will recollect, that an garding any expressions but those contained in the libel; and the Court did allow the prosecutor to enter into a proof of circumstances not mentioned in the libel.** [He read the debate from the printed trial.] There was thus a long debate on the subject; and the prosecutor was found entitled to proceed in his proof. Here the same rule should be adopted. *Muir's Case, 2 How. Mod. St. Tr. 139, 140; 148 et seq. |