The Connecticut courant and Hartford weekly intelligencer — Hartford, Conn., 1775-06-19 00:00:00, page 1

r The C R I S I S. [No, VIII.]
Vo the Lords Suffolk, Pomfret, Radnor, Offley, and
Sandwich.
How glorious the ACra, thrice happy the day,
,When private int'reft to public gives way,
When bribes cannot tempt your Lordships to fell.
The Birthrights of freemen to tyrants of Hell.
.How glorious th' /Era, thrice happy indeed,
When traitors and minions are fentenc'd to bleed,
[ • When justice shall reign,& at Heaven's great call,
The proud feed of Hell, just vidims to fall.
My Lords, /
YOU have a peculiar claim to an address from
the authors of the Crisis, and it shall be our
business in this paper, to preserve, if possible, the
periihable infamy of your names.
% The motion made by Lord Radnor, on Monday
the 27th of February, concerning number 111 of the
Crisis, was unjust and villainous, the paper contains
nothing but the most sacred truths, and therefore
could not be a falfe or scandalous libel, the amend
mentof the epithet treasonable, proposed and sup
ported by the Lords Pomfret, Suffolk, Apfley and
Sandwich, was infamous, and of a piece with every
other proceeding of the present reign, and present
rainiftry ; it shewed in a particular manner, the
bloody minded dispositions of prostituted Court-
Lords, the instruments of murder and public ruin.
The immaculate Lord Sandwich,, infixed that the
word treasonable should stand part of the motion,
as a proper foundation for bringing the authors to
exemplary and condign punishment. Suppose, my
Lords, this infamous amendment to the Radnor mo
tion, had been carried, and it had flood a falfe, scan
dalous; and. treasonable libel, could the mere iffe
dixit of a few venal Lords make that treason,- which
was not fp? _ ..
The authorof number 11l is perfectly acquainted
with the statute of treasons, palled in the reign of
Edward the Illd, and likewise with the various ex
positions, and interpretations of it ; he well knew,
the paper was written upon the true principles of
the Revolution, and that it could be jultified by the
laws of the land; he well knew (though there is
hardly any villainy but what court sycophants may
do with ease) that it was not in the power of Lord
Mansfield, with all his chicanery, with all his arti
fice, with all his abuse of the law, with all his per
version of justice, with all the aid of falfe contracti
on, and fo-ced inuendoes, to bring it within the
meaning of that statute ; he well knew the disposi
tion of the sovereign and his minions, and that no
thing would, or can satiate royal, Scotch, or minis
terial revenge, but the blood of those who oppose
the present most horridly cruel, and mod infamoufly
wicked measures of government ; and my Lords, he
v/ell knew the Locking prostitution of hereditary
peerage, and the bare faced treachery and villainy
©fa purchased majority in the House of Commons.
Has there not, my Lords, been innocent blood
enough died in this reign, that your Lordships should
still third for more ? Why should your Lordships
be so defiroas of flopping every channel of public
information, the infamy of your actions arc fuffici
ently known, and will be handed down to the latest
ages of time, while your names will stink in the
nostrils of posterity, a
The statutes of treasons, my Lords, passed in the
25th year of the reign of Edward the Illd, was an
ad of vall importance to th? public weal ; for till
than, there was hardly a word spoke, or a paper
written', but what was deemed treason, and the par
liament which passed it were called Benedidum Par-
Ramentum, the Blessed Parliament.
, The fubftan^ of this, statute is branched out by
my Lord Cooke, into fix heads, which we shall here
give, with some observations of our own, to shew
your Lordships, and the world, that number 111 of
the Crisis, is not within the meaning of either of
these heads, 2nd that by your amended motion you
designed to lay the ground work of a profecqtion,
(he most cruel and infamous ever carried on in this
country, worse than those, which without proof, or
the colour of guilt, tonic away the lives of the great
Lord Ruffelj and Algernon Sidnev
Containing the Frelheft ADVICES,
MON DAT, June 19, 1775.
CONNECTICUT
AND
WEEKLY
1 he fifth is, counterfeiting the Great, the Privy-
Seal, or the King's coin.
The sixth and last, by bringing into this realm
counterfeit money, to the likeness of theKing's coin,
First. To compass and imagine, is to contrive,
design, or intend the death of the King ; but this
mull be declared by some overt aa, declaring by an
open aft a design to depose or imprison the King, is
an overt aft ; to manifeft the comparing his death ;
I believe, my Lords, the author of number 111 of the
Crifis,is not under the predicament of this exposition.
Second. By the word King, is intended, 1. A
King before his coronation, as soon as ever the crown
descends upon him ; for .he coronation is but a cere
m°ny. , King de fade, and not de jure, is a King
within this aft, and treason against him is punisha
ble, though the right heir get the crown.
Third, Note. It is very flrange, but in the printed
statute book, it is there laid,probably attainted, which
is , gross error ; for the words of the record are, ^tde
ceux provablefaent, foil c „-t ; and shall be thereof
provably attaint ; and it is amazing to me that so
gross a mistake should be fuffered, since my Lord
Cooke has so exprefly observed the difference in these
words following. 3 . Inst. fol. 12. In this branch,
faith he, four things are to be observed. 1. This
word (provablement) provably, that is upon direct
and manifeft proof, not upon conjectural preempti
ons or inferences, or drains of it, but upon good
and Efficient proof; and herein the adverb (prova
blement) provably, hath great force, and fignifieth a
direct and plain proof; and therefore the offender
mull provably be attainted, which words are as for
cible, as upon direct and manifeft proof. Note. The
word is not probably, for then ommune argunentam
might have served, but the word is provably be at
tainted. 2. The word attaint, necessarily implieth,
that he be proceeded with; and attainted according
to the due course of law, and proceedings of law,
and not by absolute power, or by other means, as in
former times had been used ; and therefore if a man
doth adhere to the enemies of the King, or be slain
in open war against the King, or otherwise die be
fore the attainder of treason, he forfeiteth nothing,
because (as the aft faith) he is not attainted ; where
in this act hath altered that, which before this a&, in
case of treason, was taken for law. And the statute
°f 34 Ed. 111, saves nothing to the King, but that
which was in ts, and pertaining to the King at the
making of that ad. And this appeareth by a judg
ment in parliament in ann. 29, H. 6, that Jack Cade
being slain in open rebellion could no ways be pu
nished, or forfeit any thing, and therefore was at,
tainted by that ad of high treason. 3. Of open deed,
per apertumfaflum, these words (Lengthen the former
exposition of (proua^lemOTt) an overt aft mullbe al
ledged in every indi& neat upon this ad, and proved
compassing by bare words, is not an overt aft, as ap
pears by many temporary statutes against it. But
there muff be some open aft, which mull be mani
feftly proved. As if divers do conspire the death of
the King, and the manner how, and thereupon pro
vide weapons, powder, poison, harness, fend letters,
and the like for the execution of the conspiracy. If
a fubfea conspire with a foreign Prince, to invade
the realm by open hostility, and prepare for the fame
by some overt afl, this is a Efficient overt aft for the
death of the King. 4thly. A conspiracy is had to
levy war, this is no treason by this aft,, until it be
levied, therefore it is no overt afi, or manifeft proof
of the comparing the death of the King within this
The firlt head is concerning death; by corapaffing
or imagining the death of theKing, Queen, or Prince
* n d declaring the fame by some overt deed. By
killing or murdefing the Chancellor, Treasurer, Jus
tice of either Bench, Justice in Eyre, Jullices of
Assize, Justices of Oyer and Terminer, in their
places, during their offices.
I he second, is to violate, that is to know carnally
the Q^een, the King's eldest daughter unmarried,
the Pence's wife.-.-The third is levying war against
the King.
The fourth, is adhering to the King's enemies,
within the realm or without, and declaring the fame
by some overt ad.
THE
T%'" ^^^^g^^?
[NUMBER 547.]
COURA N T.
HARTFORD
INTELLIGENCES. 1
both FOREIGN and DOMESTIC.
DESER FED. fiom the service of the Colony of
Connedicut, on the Sth of June instant, from
Sheffield, a soldier named Thomas Clark, belonging
to the 7th company in the 6th regiment—-he is of a
middling stature, light complexion, pitted with the
finall pox, and a pimply face, about 3 0 years of age,
had on a light coloured fuftian coat, a callico waist
coat, and a pair of drab breeches, white flockings,
and underflands the manual exercise well—he felo
nioufly took and carried away two Silver Watches
when he deserted. Whoever will take up said de
serter, and return him to the commanding officer of
said regiment at New-London, or to me the fubferi
ber at Ticonderoga, shall have Twenty Dollars re
ward, and all necessary charges paid, by me,
Edward Mott, Captain.
June 14th, 1775.
aa, for the words are (de % %. thereof) that is, o''
the compassing of the death. The wisdom of the .
makers of this law, would not make bare words to be {
'T gsu c h , variance commonly among theJ
wttneffes, about the fame, as f ew of them agree to . (
gether.al
In the preamble of th^ftatate of R faar Icon-'
cerning the repeal of certain treasons declared after ,
is ftdtuteof 2 5 Ed. 3 d, and before that time, and ,
bringing al things to the measures of this statute) it
was agreed by the whole Parliament, that laws just
ly raade for the preservation of the common wealth,'
without extreme punishment, are more often obeyed 2
and kept, than laws and statutes made with great and !
extreme punishments, and in special s uc h laws and!
statutes so made whereby not only the ignorant andl
rude unlearned people, but also learned and expert 1
people, minding honesty, are often times trapped and
ra "" l ea m . an y tlmes for words only, withoutother'
a L deed , e ° r perpetrated. Therefore this
of the 25th Edi 3d. doth provide that ^ere must
be an overt ad. sthly, s thly, As to treason, by levying
war against the King we mull note, that though con
spiring or compassing to levy war, , without a war
defado, be no treason, yet it may conspire a war, and
only some few usually levy it, all are guilty of the
treason. Raising a force to burn or throw down a
particular inclofure is only a riot, but if it had been
to have gone from town to town, to throw down all
inclofures, or to change religion, or the like, it were
levying of war, because the intended mifehief is pub
lie. Holdingafort or castle against theKing's force,
is levying war. 6th. Counterfeiting, the Great or
Privy Seal is treason, but it must be an actual coun
terfeiting thereof, cempaftngto do it is no treason .-
Affixing the Great Seal by the Chancellor, without
warrant, is no treason : fixing a new Great Seal to
another patent is great mifprifon, but no treason,
being not counterfeiting within this aft : but aiders
and consenters are within this ad. 7th, Treason con
cerning coin is counterfeiting the King's coin ; and
this was treason at common law, and judgment only
as of petty treason ; but clipping, &c. being made
treason by other statutes, the judgment is to be
drawn, hanged and quartered. Money here, extends
only to the proper money of this realm. Bth, As
this statute leaves all other doubtful matters to be de
clared treason in parliament, but not to be punilhed
as such, till so declared. So in succeeding King's
reigns, abundance of other matters were declared
freafon, which being found very grievous and dan
gerous by the statute 1 Mar. it is enaded, .that
thenceforth no a&, deed or offence, being by aft of
Parliament or statute, made treason, petty treason, or
mifprifon of treason, by words, writing, cyphering,
deeds otherwise however, shall be taken, had, deem
ed or adjudged to be high treason, petty treason, or
mifprifon of treafon,but only such as be declared and
expressed to be treason, petty treason, or mifprifon
of treason, by this statute of 25 Edw.gd.
Here we rest the matter, my Lords, convinced the
author of Number 111, is not within the meaning pf
this statute, nor any exposition of it, and that the
design of your Lordships in adding the epithet trea
sonable, was wicked, bale, and infamous, and will
be sure to secure to you the contempt and deteflation
of every honest man.