ment for trict.] thered together against our said present sovereign lord the king, most wickedly, maliciously, and traitorously did ordain, prepare, and levy public war against our said lord the king, his supreme and undoubted lord, contrary to the duty of his allegiance, against the peace of our said lord the king, his crown, and dignity, and also against the form of the statute in such case made and provided. [Second count same as the first, except that the offence was laid to be committed on the 2d June," and on divers other days and times between that day and the 10th day of the same month."] [That John Fries, late of the county of Bucks, in the district [Indictof Pennsylvania, yeoman, being an inhabitant of and residing with- treason in the circuit In the said United States, to wit, in the district aforesaid, and uncourt of der the protection of the laws of the United States, and owing al- the United States, legiance and fidelity to the same United States, not having the Pennsylfear of God before his eyes, nor weighing the duty of the said al- vania dislegiance and fidelity, but being moved and seduced by the instigation of the devil, wickedly devising and intending the peace and tranquillity of the said United States to disturb, on the seventh day of March, in the year of our Lord one thousand seven hundred and ninety-nine, at Bethlehem, in the county of Northampton, in the district aforesaid, unlawfully, maliciously, and traitorously did compass, imagine, and intend to raise and levy war, insurrection and rebellion, against the said United States, and to fulfil and bring to effect the said traitorous compassings, imaginations, and intentions of him the said John Fries, he the said John Fries, afterwards, that is to say, on the said seventh day of March, in the year of our Lord one thousand seven hundred and ninety-nine, at the said county of Northampton, in the district aforesaid, with a great multitude of persons, whose names are unknown to the grand inquest aforesaid, to a great number, to wit, to the number of one hundred persons, and upwards, armed and arrayed in a warlike manner, that is to say, with guns, swords, clubs, staves, and other warlike weapons, as well offensive as defensive, being then and there unlawfully, maliciously, and traitorously assembled and gathered together, did falsely and traitorously assemble and join themselves together against the said United States, and then and there, with force and arms, did falsely and traitorously, and in a warlike and hostile manner, array and dispose themselves against the said United States, and then and there, with force and arms, in pursuance of such their traitorous For a libel on the intentions and purposes aforesaid, he the said John Fries, with the said persons so as aforesaid, traitorously assembled and armed and arrayed in manner aforesaid, most wickedly, maliciously, and traitorously, did ordain, prepare, and levy war against the said United States.] *That D. I. Eaton, late of, &c. being a wicked, malicious, seditious and evil disposed person, and greatly disaffected to our king. (m) [86] said lord the king, and to his administration of government of this kingdom, and unlawfully, maliciously and seditiously contriving, devising, and intending to scandalize, traduce and vilify our said lord the king, and to alienate and withdraw the fidelity, affection and allegiance of his said majesty's subjects, from his said majesty's person and government, on, &c. at, &c. unlawfully, maliciously and seditiously did publish and caused to be published, a certain pamphlet, entitled, "Politics for the People, or Hog's [*87] Wash," containg *therein, among many other things, certain scandalous, malicious, inflammatory and seditious matters of and concerning our said lord the king, that is to say, You must know then, &c. [here set out libel with proper innuendos, see 4 Went. 20.] In contempt of our said lord the king, and his laws, to the (m) See precedent 4 Went. 201. Burn. J. Libel III. For the modern precedents of indictments or informations for libels on the king or royal family, administration, government, conduct of the army, &c. see post 87, 8. to 96, 7. and Cowp. 672. 2 Campb. 398. 6 East. 583. 2 Leach, 4 Ed. 393. 4 Went. 199. 9 State Trials, 680. Hand's Prac. 255. 228. 11 State Tr. 264. Cr. C. C. 8 Ed. 255. 258. Cro. C. A. 112. For older precedents Trem. P. C. 35 to 65.— Clift. Ent. 388. West. 200.256. 309. 364. Went. 6 vol. Index tit. Sedition. As to the offence of libels or words against the king, &c. see 1 East. P. C. 117 to 121. 4 Blac. Com. 123. Cro. Car. 117 to 127. With respect to the form of the indictment, see the notes to the Precedents of Indictments for Libels, post. It is not necessary or proper to allege that the defendant "traitorously" wrote the libel, or uttered the words, but that allegation may be rejected as surplusage. 2 Ld. Raym. 879. 3 Salk. 198. Where the words import a crime of themselves, it is not necessary to show that they were published with an intent to injure the king or government, 2 Ld. Raym. 879. 3 Salk. 198. The allegation that the words were uttered, or the libel written, "of and concerning," are a sufficient introduction of the matter contained in the libel, and a sufficient averment that it was written of and concerning the king's go. vernment, &c. Cowp. 672. The in dictment may allege that the libel was "according to the tenor and effect following ;" and where the matter is apparently libellous, may state that the defendant "inter alia" published, &c. Holt. 422. Though the defendant may insist on reading other extracts. 2 Campb. 398. But the words "to the effect following" would be insufficient without the words "according to the tenor.”—“ Holt. 422. It may be charged that the defendant "transcribed and collected" libellous matters, which is criminal without alleging a publication. Holt. 422. evil and pernicious example of all others in the like case offending, and against the peace of our said lord the king, his crown and dignity. count. And the jurors aforesaid, upon their oath aforesaid, do further Second present, that the said D. I. Eaton, so being such a person as aforesaid, and so devising, contriving, and intending as aforesaid, afterwards, to wit, on, &c. aforesaid, at, &c. unlawfully, maliciously, and seditiously did publish and cause and procure to be published, a certain other printed pamphlet, containing therein, amongst other things, certain scandalous, malicious, inflammatory and seditious matters of and concerning our said lord the king, according to the tenor and effect following, that is to say, [state other libellous matter with different innuendos,] in contempt of our said lord the king and his laws, to the evil example of all others in the like case offending, and against the peace of our said lord the king, his crown and dignity. [There was a third count nearly resembling the second.] on the nistration. (u). That defendants being seditious, malicious, and ill disposed per- For a libel sons, and being greatly disaffected to our present sovereign king and George the Third, &c. and to his administration of the govern his admiment of this kingdom, and most unlawfully, wickedly, and maliciously, devising, designing, and intending as much as in them lay, to bring our said lord the king and his administration of the government of this kingdom, and the persons employed by him in the administration of the government of this kingdom into great and public hatred and contempt among all his liege subjects, and to alienate and withdraw from our said lord the king the cordial love and affection, true and due obedience, fidelity, and allegiance of the subjects of our said lord the king, on, &c. at, &c. did unlawfully, seditiously, and maliciously print and publish, and cause, &c. a certain scandalous, malicious, and seditious libel of and concerning our said lord the king, and his administration of the government of this kingdom, to the tenor and effect following, that is to say, [here set out the matter charged as libellous,] to the great scandal, &c. That Daniel Isaac Eaton, late of, &c. being a wicked, malici- For a libel (n) 2 Campb. Rep. 398. 6 East. 583. for a libel, bringing a proclamation into contempt, 2 Leach, 4 Ed. 593. as to form of indictment, ante tion. (o) [88] on heredi- ous, seditious, and ill disposed person, and being greatly disaffectary moted to *our sovereign lord the now king, and to the constitution narchy and constitu- and government of this kingdom, and most unlawfully, wickedly, seditiously, and maliciously devising, contriving, and intending to scandalize, traduce, and vilify our said lord the now king, and the hereditary succession to the crown and regal government of this kingdom as by law established, and to alienate and withdraw from our present sovereign lord the now king, the true and due obedience, fidelity, and allegiance of his subjects, and wickedly and seditiously to disturb the peace and tranquillity of this kingdom, on, &c. with force and arms at, &c. aforesaid, he the said Daniel I. Eaton, unlawfully, wickedly, maliciously, and seditiously did publish and cause to be published, a certain scandalous, malicious, and seditious libel, entitled, "Rights of Man, Part Second, combining principle and practice, by Thomas Paine, secretary for foreign affairs to Congress in the American war, and author of the works entitled Common Sense, and the First Part of the Rights of Man; London, printed by H. D. Simmons, Paternoster Row, 1792." In which said libel are contained amongst other things, divers scandalous and malicious and seditious matters of and concerning the hereditary succession to the crown and royal government of this kingdom, as by law established, (that is to say) in one part thereof, according to the tenor and effect following, (that is to say,) it cannot be proved by what right hereditary government (meaning amongst other things the said hereditary government of this kingdom) could begin, neither, &c.[Here state libellous matter with proper innuendo, see 4 Went. 199.] And in another part according to the tenor and effect following, (that is to say) hereditary succession, meaning amongst other things, the said hereditary succession to the government of this kingdom, is a burlesque, &c. [Here state other libellous matter.] In contempt of our said lord the now king, in open violation of the laws of this kingdom, and to the great danger of our happy constitution, to the evil example of all others in the like case offending, and against the peace of our said lord the king, his crown and dignity. Against a [*95] *That A. B. late of, &c. dissenting preacher, being a pernicious. (0) See precedent 4 Wentw. 199. Cowp. 672. 8 State Tr. 680. 1 East. P. C. 90. 4 Blac. C. 91, 2. As to form of indictment, ante 86*. note m for sediti in a ser mon. (p) and a seditious man, and a person of a depraved, impious, and dis- dissenting quiet mind, and contriving, and maliciously, and seditiously in- preacher tending to disquiet, molest, and disturb, the peace and common ous words tranquillity of our lord the king, and of this kingdom, and to traduce and vilify the happy constitution and government of this kingdom, and to bring our said lord the king, and his government of this kingdom into hatred and contempt, with all the subjects of this realm, and to excite the subjects of our said lord the king to sedition against his government, on, &c. at, &c. to complete, perfect, and bring to effect, his said most wicked and seditious contrivances and intentions, in the presence and hearing of divers liege subjects of our said lord the king, unlawfully, wickedly, maliciously, *and seditiously did preach, speak, utter, and with [*96] a loud voice publish among other things of, and concerning the revolution in the government of this kingdom, in the year of our lord 1688, and the laws of this kingdom then made, these false, scandalous, and seditious words following, that is to say: The laws (meaning the laws of this kingdom) made at that time, (meaning at the time of the said revolution) have been since abused, and brought into disuse, and it particularly behoves me, (meaning the said A. B.) to speak of the present times (meaning thereby, that the said laws were at the present time abused, and brought into disuse by his said majesty's government) to the great scandal, &c. of our said lord the king and his laws, to the great danger of our happy constitution, to the evil example, &c. and against the peace, &c. And the jurors upon their oath aforesaid, further present, that the said A. B. being such person as aforesaid, and contriving, and maliciously and seditiously intending as aforesaid, afterwards, to wit, on, &c. aforesaid, at, &c. aforesaid, to complete, perfect, and bring to effect, his said most wicked and seditious contrivances and intentions, in the presence and hearing of divers liege subjects of our said lord the king, unlawfully, wickedly, maliciously, and seditiously did preach, speak, utter, and with a loud voice publish, amongst other things of, and concerning a supposed revolution in the government of France, whereby the ancient monarchical government of that country was supposed to be subverted, and a republican government established in (p) This was the indictment against Winterbotham, A. D. 1793, on which he was convicted, and ob- |