The National Register.
London, England, 1820-04-02 00:00:00

.....:,>4).
:1J Aji

No. I,ol.—Voc. XIII.]

HIGH TREASON.

MIDDLESEX SESSIONS-HOUSE, CLERKENWELL.
MONDAY, MARCH 27.
This being the day appointed for preferring to the
Grand Airy of this County the Bills of Indictment
against the Conspirators apprehended in Cato-street,
the Grand Inquest was assembled at nine o'clock ;
the officers of the Crown were in attendance, also
the High Sheriff of Middlesex.
The witnesses thirty in number, amongst whom
were Monument, who has been confined in the
Tower of London, and Adams, who was detained
in St. Martin's watch-house, were in waiting in a
room by themselves, and in another room were the
pike-handles, 38 in number; the arms and ammu-
nition which had been seized, as well as in Cato-
street as in other places occupied by the con-
spirators, were also collected, in readiness to be
produced for the satisfaction of the Jury.
At ten o'clock his Majesty's Attorney and Solici-
tor-General came into court, and shortly after•
wards Sir Charles Abbott, Lord Chief Justice of
the Court of Kings Bench, and Sir Robert Dallas,
Lord Chief Justice of the Court of Common Pleas,
two of the Commissioners named in Special Com-
mission for this occasion, took their. seats on the
Bench.
Proclamation was then made by the Crier in the
usual form, when Lord Chief Justice Abbot deli-
vered the commission to Mr. Dealtry, the clerk, in
court, to be read, and it was read accordingly.
The names of the Grand Inquest were then called
over, and 23 gentlemen were sworn as the Grand
Jury, by Mr. Abbott, clerk of the Nisi Prius.
Proclamation having been made by the crier for
silence,
The Lord Chief Justice Abbott delivered the
following charge:—
" Gentlemen of the Grand Jury,..-We are assembled on
this occasion, under the authority of his Majesty's special
commission, for the purpose of hearing and inquiring into
certain Bills of Indictment, which w.II be laid before you,
charging certain persons, first, as ith high treason ; se-
condly, misprision of high treason; and thirdly, to inquire
touching the wilful murder of Richard Sicilbettl, and any
other crime or offence touching the death of the said It. '
Smithery, and any other offence or offences against,
touching, or concerning the ',woos of Frederic Engel*.
rence, William Legg, James Ellis, John Surinam '5 alliam
IVestcott, William Charles Brook, John Maddock, and
Benjamin Gill, or any of them, conuary to the torus of au
Act made and passed in the Lid year of his late Majesty,
Minuted "an Act for the bather prevention of malicious
shooting, or attempting to discharge loaded ;ire arms,
stabbing, cutting, wounding, poisoning, and the twilit:ions
using of means it, procure the miscarriage of women, the
malicious setting lire to buildings, and other Miami:es
*herein ni violent, ;" and, Gentlemen, tt Toes become my
duty to uti•'r for sour consideration s ale remarks touch-
ing the offences charged against the parties in the Bills of
Indictment, which shall now be pi esented for your deli-
beration. Gentlemen, the clauses elpOn as bid, the eliargt
of high treason io those bills are founded are to fie
found in the statute of the 25th of Edward 3d, and in
another statute or the 3611► of his late Majesty. By the
first of those statutes it is declared to be high treason,
vs bets holy person cloth imagine or compass the death of
the King, or. shall attack the person of the hog, or
attempt to depose hint Irumh the crown of these r, alai., or
sball levy war against leis Majesty, or attempt by Jul ce to
oblige I lib change the measures of his Government, or
shall by rheas or tumult attempt to overawe his Parlia-
ment in tlio it pi oreedings, each of the persons so offend-
ing shall be decoyed guilty of high treason, and sutler the
petialttes incurred thereby. You will, therefore, Gentle-
delibeinto wheelies Joe cl.arges submitted
to sour cuosid,•r,ttion shall be ',loved to )(ter •stistaetiott,
imputing to the pal ties the crime of imagining!• and com-
passing the King's death, or iniettiling to Imprison his
person, or depose him from the throne of the•:'
levy war against him; and it may be accessary to observe
to you, that it is farther enacted by the statute la•t men-
tioned, that if a party shall express his opinion by wilting
or priming in aid and furtherance of• such treasonable
111111.05C3, Ile shall incur also the guilt of high tieason; fns•
the law hat. ',Welded, that in cases of i his ailine, the
iotenlion shall constitute the mime; but it does, at the
f. time, It quire, that the guilty intention shall be ma-
nifested by smut act of• the party to evince. his criminal
purpose. Iteline the passing of tile late statute, acco•dimg
to the opinions of all the nowt cannel., test-writers mom
this subject, it was held to he Itie law of thii Mini, that all
persons guilty of overt acts Co:. commas-big or imagining
the King's Jcatli, were guilty of high tiedsOil ; and by the
late Act, any attempt to I estraiii Isis reason, ur to levy war
against hint, or to oblige him to change ilie measin es of
his Government, is high treason. It way be also teeptisitc
fin• me to state to you, that it is by no means necessai y,
ml
order to constitute the levying of war, tii,t the parties
should appear open array of arms. Rebel:ion rarely
makes its first appearance by a display iifintiotary force ;
but,begiais by sect et ps cparation,and pmuceeds by deg h era.
But, as I have already stated to you,any atieno.i by force
to overawe his Majesty or his Govt.' ument, is of itself au

..
-110, .12 • ...1,...—"^,t •
.ef...;,-,10
~,,,
1,/,/, '" i• s'.."--)---1 it--."--1
•