P. S. Our bail-bond was of small amount, yet we did not fly our country, but voluntarily delivered ourselves before your bar, yesterday' morning. Before we appeared, we knew, from the intimation of our friends, that the jury had found us guilty; yet we, trusting to the mercy of the Court, stood forward accordingly.

Addressed,-The Right Hon. the Lord Justice Clerk.

After the letter was read, their lordships proceeded to deliver their opinions with regard to the punishment to be inflicted.

Lord Henderland. My lords;-we are now arrived at the most disagreeable and distressing part of our duty, to pronounce sentence upon these three young men, panels at the bar, against whom the charge contained in the indictment has been found proven by a verdict of their country.

utility. We do not pretend, my lord, to justify ourselves in our conduct, we know it has been foolish, and we hope what we have already suffered on account of it, will have a great effect on our future conduct. The verdict of a jury of our fellow-citizens, has, no doubt, come out against us: this we with chearfulness submit to, as being the effect of an institution the most valuable we enjoy as British subjects; an institution which, as well as all the other parts of our excellent constitution, we hope ever to venerate and support. Nothing, my lord, could have been more distressing than being arraigned at your bar for any disaffection to our sovereign, or the constitution of the country. We have uniformly professed our attachment to the present constitution; and, as appeared pretty evident from the proof led at your bar, and which we solemnly declare to be the fact, are connected with no club or society of Friends of the People, or any for reform. We have, my They have had a fair trial; and in addition lord, great reason to reflect on the folly of to what your lordship was pleased to take going to the Castle on the unfortunate day notice of on the conduct of their counsel, that has been the cause of so much trouble to Mr. Wight, I will beg leave to say, that Í the high court of justiciary, and the gentle- never heard a more able or a more proper men of the jury, as well as vexation to our-charge made to any jury in behalf of a crimiselves, and an expense and loss of time that we are very unable to support.-We however declare, in the most solemn manner, and we hope it was established satisfactorily by the proof, that there was no intention on our parts, of the crimes laid to our charge. That words might have been used among us very improper, considering the situation of the country and the place, we will not deny. Our former imprisonment, and the expenses incurred, has been already no small punishment on us: this, when considered in a cool and deliberate way, will, we hope, tend to influence your lordships in giving judgment. We are young men, beginning the world, have been formerly guilty of no transgression against the laws of our country; are proven to have been hitherto of most unexceptionable characters. We therefore hope, that all circumstances considered, the purposes of justice, as well as public utility, may be served by a slight punishment.

We feel much for ourselves, and the feelings of our aged parents and connexions would be truly distressing should any ignominious punishment be inflicted: we confess we have been guilty of a piece of gross folly, and flatter ourselves that your lordship will be sensible, that the situation of the country, makes it more criminal than it would otherwise have appeared.

Trusting, therefore, to your lordship for all the lenity consisting with propriety, we are,

Your lordship's most devoted,
And very humble servants,

(Signed) JAMES ANDERSON,
MALCOLM CRAIG,
JOHN MORTON.

Tolbooth, Jan. .10 1793.

nal. Nothing was omitted that could aid them; every argument was forcibly, and with becoming boldness, urged, that could weaken the force, or remove the effect of the proofs brought against them; every circumstance the slightest-laid hold of to render it improbable, or alleviate their guilt; but with a dignity that became his high rank at the bar, with an indignation that suited his situation as a respectable citizen, he exposed and refuted the fallacy and fatal consequences of those dogmas which have been published, or are supposed to have gone abroad, which might tend to overturn our happy constitution, or shake our allegiance to our sovereign. In short, he has displayed the powers of an able advocate, combined with the duty of a loyal subject.

After all, the crime has been found proven; a crime it is of most dangerous tendency: in the letter now read, the panels have acknowledged the justice done by the respectable jury; they have expressed contrition for their guilt; they deprecate punishment.-In certain circumstances and directed to certain objects, I can have no doubt that even an attempt to excite mutiny or sedition among soldiers, may be punishable with death. It was so by the Roman law [l. 1. ff. ad Leg. Jul. Maj.]. It was so by the laws of many nations in Europe. By the 12th of queen Anne [Bruce's Military Law, tit. 9, p. 44], simple mutiny was made punishable by an arbitrary punishment; but by an act in 1715, it was again made punishable with death. Mutiny, or an attempt to raise it, amounting to treason, may still be punishable as such. It is worth while to take notice, that Bruce, in giving an account, of the Mutiny Act of queen Anne, as to soldiers be

yond seas, says, "Nay, whosoever hears any mutinous or seditious words spoken, and 'does not, with all possible speed, reveal the same to his commanding officer, is punish'able with death.' And, by the present Mutiny Act, concealment of it is punishable in the same way. Seditious persons, then,I mean flagitious and detestable men, meaning to undermine the constitution,-had need to beware how they attempt the soldiery of this country, steeled as they are by the love of the constitution, and their loyalty to their prince, and whose conduct is guaranteed by such severe function.

case, and the singular situation of the times To avoid it in future, I shall say nothing of these illegal associations that have been formed, and of the foolish or nefarious tenets that have been sent abroad. But I am bound to take notice, that his majesty, by his royal proclamation, has called upon us, in common with the other citizens, to watch over that spirit of sedition which has been disseminated by evil-designed and traitorous men within the kingdom, and fomented by foreign enemies from without; a measure which all men must admit to have been cautious and salutary, which frequent publications, and This author, who published so far back as appearances avowedly hostile to the constitu17 17, and whose works are of great authority, tion-which the records of this court by dif and much resorted to by us in all general ferent proceedings within these few days, questions of this kind, proceeds in a passage establish to have been wise and just:-and which I will take the liberty to read to your we are called upon, I say, by that just recomlordships; By the foresaid British articles, mendation of duty, whilst we pronounce a all officers and soldiers are strictly prohi- sentence strictly agreeable to law, the only bited not to use any traitorous words against rule of our conduct,-to apply it so as to answer the sacred person of his or her majesty, the purpose so laudably brought under our upon pain of death;-and according to the view. In the present instance, however, the Dutch instructions, all cursing and reviling crime during the whole trial having been conthe states general, the council of state, or sidered only as the object of arbitrary punishgovernors of provinces, is in the same man-ment, our choice must be much narrowed. ner punishable' [269, 270].-Here are the We can only choose one of three punishenactments of a republic on this subject; and ments;-either transportation to Botany-bay, what is still more remarkable, by the regula-banishment for sedition to England is out tions of this very republic, article 7, all of the question,-corporal punishment by such as keep night conventicles or nightly meetings, &c. are made punishable as mutineers,' [Bruce's Military Law, p. 268]. What shall we then say of inviting soldiers to modern and seditious associations?But permit me to proceed in reading our author, in the above place as applicable to all: And indeed,' says he such expressions are fitly compared to the cutting of a razor,' (Psalm lviii. 8.); so hence it is that Solomon most sagely enjoins (Eccles. x. ult.), to forbear cursing the king even in our thoughts;' for sure there is not a more evident demonstration of a malevolent disposition of mind against prince or state, than such reviling traitorous expressions. The traducing a government being, we know, the prelude to the casting it off; mutinous and seditious words the forlorn hope to rebellion. And though out of an affected ceremony, the Roman emperors Arcadius and Honorius refused to punish intemperate speeches, because, say they, Si inde levitate processerint, contemnendum est; si ex insaniâ, miseratione dignissimum; si ob injuriâ, remittendum,' —a text quoted by the ingenious gentleman who elegantly and ably opened the panel's defence," yet it is obvious," proceeds our author" to any who have looked into the lives of these two princes, that this idle and unseasonable clemency turned to a very sad account to them, they having run more risk of forfeiting both their crown and lives by the mutinies and rebellions than any other of all the Roman emperors."

I ask pardon, my lords, for this digression. I have been led into it by the novelty of the +

whipping and imprisonment, or imprisonment alone. Were the panels aged and inveterate offenders, whom there were little hopes to reclaim, be they of what profession they may, the more literary the fitter for such punishment,-I should have had no scruple to deprive them of the enjoyment of this happy constitution, against which they had offended, and obliged them, by hard labour in an infant colony to repair, in some measure, the injury they had done here. But it is a rule which a criminal judge ought ever to have in view, Exemplar cum severitate, personam cum misericordiâ, intuendam, to regard the crime with due severity, to look on the criminal's person with an eye of pity and commiseration. cannot, therefore, leave personal considerations out of view. The panels are young; their habits have been industrious, their former character peaceful. However on this occasion infected by bad example, or seized with political criminality, they have expressed their contrition, they may be reclaimed. I cannot, therefore, propose sending them to Botany-bay. To punish them by whipping abandons them to despair, and disgraces their parents: one of them is a respectable citizen

I

-My mind revolts at a punishment which banishes shame, and thereby precludes amendment; unless the subject be perfectly depraved, or the severity indispensably necessary. Wishing, in this part of my duty, to follow the example and embrace the sentiments of our gracious sovereign, who ever tempers justice with mercy, I wish to adopt the punishment of imprisonment alone.

Long imprisonments are usual in our neighbouring country; their accommodations for it are great:-they are not usual here. Had there been, as there ought to have been, a prison in the Castle of Edinburgh, where these young men might have been kept, untainted by other vice, I should have been for a longer imprisonment. But to throw them into the Tolbooth of Edinburgh for a very long time; to make them denizens, as it were, of that unhallowed place, which is the sink of corruption,-where every thing that is vicious, base, and criminal are huddled together,where, if they preserve their health, they cannot, in a long tract of time, escape the contagion of vice, and more sordid criminality, -appears to me a measure which the necessity of example upon such persons, in the present instance does not absolutely require. We are entitled to punish, we would wish to amend, but we must avoid the means of greater corruption.

I would, therefore, with deference to your lordships, propose, that the sentence of the Court should be, to commit them prisoners to the Tolbooth of Edinburgh, therein to be detained in close confinement, for the space only of nine months from this date; and that they should be taken, bound each under the penalty of one thousand merks, to behave in an orderly and peaceable manner for the space of three years thereafter; and to be further so confined, till they find such security, by close confinement. I mean, that there shall be no meeting of associates, no gossiping or drun

kenness permitted within their places of confinement: that they may be left seriously and solemnly to reflect on their past, and thereby be enabled to amend their future conduct.

The other judges unanimously agreed to the sentence proposed by lord Henderland, which was then recorded as follows: The lord justice clerk and lords commissioners of justiciary, having considered the verdict of assize, dated the 8th, and returned the 9th day of January current against the said John Morton, James Anderson, and Malcolm Craig, whereby the assize all in one voice find the libel proven;

The said lords in respect of the said verdict, decern and adjudge the said John Morton, James Anderson, and Malcolm Craig, to be carried from the bar back to the Tolbooth of Edinburgh, therein to be detained for the space of nine months from this date, and thereafter till they shall find sufficient caution and surety, acted in the books of adjournal for their good behaviour and keeping the peace for the space of three years from the date of the bail bond to be granted for that effect, and that under the penalty of one thousand merks Scots for each person, and upon the elapsing of the said nine months, and finding caution as aforesaid, ordain them to be set at liberty, and for these purposes the said lords grant warrant to all proper officers of the law.

(Signed) ROBERT M'QUEEN, J. P. D.

589. Proceedings in the High Court of Justiciary at Edinburgh, against JOHN ELDER and WILLIAM STEWART, on an Indictment charging them with Sedition, January 10th: 33 GEORGE III. A. D. 1793.

Curia Justiciaria S. D. N. Regis, tenta in Advocate for his Majesty's interest, for the Nova Sessionis domo de Edinburgh de- crime of Sedition and others in manner mencimo die Januarii, millesimo septingente- tioned in the criminal libel raised against him simo et nonogesimo tertio, per honor- and William Stewart, merchant in Leith abiles viros Robertum Macqueen de Brax-thereanent, bearing, That, whereas by the field, Dominum Justiciarium Clericum, Alexandrum Murray de Henderland, Davidem Rae de Eskgrove, Joannem Swinton de Swinton, Dominum Gulielmum Nairne de Dunsinan, Baronetum, et Alexandrum Abercromby de Abercromby, Dominos Commissionarios Justiciariæ dicti S. D. N. Regis.

Curia legitimè affirmata.
Intran.

John Elder, bookseller and stationer, North
Bridge Street, Edinburgh-Panel.
INDICTED and accused at the instance of
Robert Dundas, esq. of Arniston, his Majesty's

laws of this, and of every other well governed realm, the wickedly and feloniously writing or printing, or causing to be written, or printed, any seditious libel, or writing: As also the wickedly and feloniously making or casting, or causing to be made or cast any medal or medals bearing inscriptions of a se ditious tendency: As also the wickedly and feloniously distributing or circulating any such seditious writing or libel when so printed, and any such medal or medals as above writing and the said medal or medals to be described, or the causing the said seditious distributed and circulated in different parts of the country, are crimes of an heinous nature, dangerous to the public peace, and severely