The Sun.
London, England, 1840-01-08 00:00:00

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vine of the testimony that hits been given by the'evidence le•re tiele. a1e.... (k r,. :A. ... .. ..
oral:rise who might have been celled end yet Y. ere not, es I ea taestatut, a ww,,,:!ii ; ...Le didiling el li .. ..
well as by those who have been called anti exarnined. You eof coneassires, aid irese•e• e eid edeth ca. da S araatae,
can do this with effect when searching into the truth of svais•i „lees eat arise li, ie-e .• I e-..e ..--e • :s.a •_ ale leeet--
that which really did occur. , - 7.4 t , fill;`.;;;(1.I. I: i, " :-,:.:.•,)i. :eel
air. Kelly then rese to sum up for the prisoner—My :•. e ' - -it eetiea.fra•- ,es ...L.. ~ a-seer e C ~,,r` Li :;:- [i!7l
Lords, and Gentlemen of the Jury, the time lets at length e nerase
.:•, e Tine a so, ne e.e• e. nee el,a•;;,
arrived when the duty devolves on rue of addressing you in the disoe.. e aete. s ~• Y - is. ,i I;. , I ~.41,4., ,L,::i i,,_.
(I,2fl'nee of the life of the prisooce at the bar—fer, Gentle- du its :se.e.: and. acto ... e !, a ... :ed ::-, e'e -.(e. sa. a a as
iran, his life is eominitted to your bands—a duty by far the reme ' lea.. , . h --.,- .•• : e , .eseep ire, , nen • es) ale_
mote solemn, the most painful, and the most atvful which I tl, e- .1 .- , ' a.,el s '''''r ' ;-, -iti..t- the S.ea-tent -.0 ,ea is
:se e :. -. ' s • ir, corder tc con- titute, the, eriteeas tees_
have ever yet been called en. to ',discharge. Gentlemen, :: .sse -e, . ; e, e linete treason. In hie 1e a &Theta' p.
I had felt that the fate of the prisoner deuce on my
ability to perform the task allotted to me, I never wou'd a e se n• 'ad' d l''''' aria'arisr "itbili l'h• •sl ne es
Base consented to place myself under so fearful a res ' ponsa. ea-- .1 oe' a'.• e thials; ',•ALIA veneer- 're, ee a- o,
: s:. •. s- ; a •" ; secontily, it omit. Ise e ,!eeyiee .-:eat
bility. But I have felt that he is amply protected by the be e
law and by the Constitution (SU:is coontry, by enlightened, •aesdest tee •i .- .e.; tliirdly, it a must be a
_lee, ingtp i. v, a;
learned, patient, and impartial Judges, and ebove all, un - 'apaiesteass-Ke. .-• iii li7s -0 rt. a - real in . , Saohe? leoveser,
der Providence, by that mighty and itn;reguable rampart ear may be ha . a, tessteemsn-„if .a ' tnan.gOaailaespeaa
witch yet encompassea and covers- every subject of this t of 10,000 or it e 000 rano—The march eeross rim cersey
realm, guarding him in the enjoymeint of his tights, his and seize, it _son, or ever, put toadeeta the Otiee;•
liberties, his property, his character, and his lifee-a Jury of 1 subjects, that is a levying of war eettaiely, .butch ae
Isis fellow-countrymen. Gentlemen, it is to this protection i high treason, and, to make it high, traaeres,:itnaaet
that I commend the prisoner at the bar, tind,in the observe- farther, and the war so levied must be leveed kte'enes tee se_
' lions which I shall feel it my duty to make to you, let me vereign. I new, Gentiencien, coma (0 the au.:stien what
beg you to bear with me if I, perhaps from inadvertence, or is a toys ing of war against tie-, Sevsadge? staid her.,
from the pressure on my mind, perplexed and troubled• we have undoubtedly to 1-anent that from the time of the
as it is by the responsibility which rests unson. me, I passiNthef this statute, whereas all other treesans were
should, by repetitions, which may appear to you needless, held strictly to he nely treesoes when, tk.,ey cane within,
or by calling your attention to matters which you may deem the. precise ail di feriae words of the etatute, from causes
to he irrelevant, tress rather too heavily upon your patience to. which I may cerhapa briefly advert-afrOm ti-e power of
and attention. Let me in the outset, Gentlemen, beg your the Crown, from the corruption of Judges, and, what is
forbearance, because I hope, nevertheless, by calling the stiii mere to be regretted, feria the servility of Jurcrs—
attention not only of their Lordships, but of you also, to allat is called a coustructive levying of war against the'
the law of England as affecting the dreadful charge nnw I Saver' itch' has occasionally been admitted in direct veal-
brought against the life of the prisoner at the bar, to con- travention of the terms and spirit of this admirable statute.
Vince their Lordships, and every one of you now assembled Much is it to be lamented that the Crown should., during
to try this great question, that by that law the prisoner is the struggles of ether days,
.have thus triurrip
'clearly entitled to a verdict of acquittal- at ioer hands, aelepenclence if Jurors and the clear deay of Judges.
From some remarks that fell from the Learned Attorney- Bu: I will venture to say that had FOCI) . 'lied ever Ca?
cud :03 heretofore
General in his opening, it scented to me that he antici- I preSided on the Bench as we hey
lilted we ought in some measure to deviate from the direct more modern times, eq ettele construction would ever
and honourable course before us in defending the prisener have been recordea in',.: been blessed with in
i''-e logsl annals... Gentlemen,
with something like an attempt to induce you to depart the point to 'inich lan desirous to call year perecular
from the strict letter of the law. . I may have mistaken attentime it
et ,a is stage cf the case is that there is a distinca
my Learned Friend; but if I did not, let rae assure him, ;,ton beles-cen mere levying's:if war and trensba ageiest the
your Lordships, and yeu, Gentlemen of the Jury; ee fat- Severeign. You can all understand that to levy War against
from it, I implore you solely to be guidedle,i the raw in the the Severeign of tee cuusery is not a riot. .To constitute
verdict which you give, It is ia the' law, in the strict, a !sasing of wccr there must be rnerchings of ermed bands
undeviating predernineatee of the hew, that I place ray —there rroat be military array and military diecipliae_
hope, my only trust t - and my prayer to you, therefore, is there must he the raising of regular forces to make war
that you be governed by the law—that you adhere to the' ag,aiestehe forces of 'the Sovereign, as a foreign enemy
law alone_because by that law t 'shall prove to you, would do, or as, has occurred in the relit:thou of 1745, or
clearly and satisfactorily, that the prisoner, whatever be the hebellion ef 1715, or any other civil war in which forces.
tire ee teat of his crimes and reisdemeaaeurs, however high were drawn up. That is the ordinary and plait' meani .g
his crimes and misdemeanours for which in another form he of the levying of wee. That is the 'eornstructioa which a
can be, and yet may be, indicted and punished; by the ery woeill put on it, and I say that it rag it always to have
law of high treason is at guiltless of high treason as any one been left to a jury, as a question of 'face whether the Ras
of you, Gentlemen, whose duty it will be, I trust, ere long prosed before theta amounted to a I ,vyin.7 of war; Inat
to pronounce him so. Gentlemen, if the prisoner 'at the unhappily', Gentlemen, in the tirne. of henry VIII, a-dum-
ber be at this moment- in any jeopardy, it is from the tier of misguided men rose up Mid • combleea, fagether
danger of the law not prevailing, or front its not being ugeir,,t a statute t;';11;•11. lead been passed regiaetingohe
clearly and perfectly understood: It is from this that the sieve of labour. 'racy thomehr, I suppose, teeeire wages
s •
-facts now in evidence before you, which undoubtedly die.- wee nut high coca h. ' • They wiliest to have free
close a case of guilt against him, which preee hint to have labour and high:. wages.. ' They rose• up, •I will not
committed a great and serious violation of the lawv which 'say iiires rebellion, although it. awns. efterwerds held in another shape subjects him to indictment and punish- so, but iteo of err tumult, to Compel the audio-
preside upon „or
ramt, should induce you to punish him, not for that crime rities to niter the law, to 'repeal' the statute, and teat
which he has really committed, but for that greateratal etbich under Ruch aeet..,„ .es 110,,,
seeuld be eedd.ed ne more then a eommoa nfroh'ae
higher degree of.guilt which is imputed to hit ley this betlea
Ycar saelvas a mere eeteult ueea a eel:stable, was' ill those. de-yst
indictment. I therefore, Gentlemen, earnestly Claim
attention whilst I proceed to- RArlit, • you, 'so far' ns I , aeld te he a le:vying. of wet. ageinst the SuVereign, and high
Ow eorrection of the. Leeriest treason. Thei.e, Gerais:a:ea,
can, and subject to
idea . Lad the. foundation of
Judges, acquainted with the law es it effectS this high ear:strut...five end intetpretative treastet; end that shows
and serious charge, *nod if foriunatele I eau succeed the danger ,Allieli I know eote will avoid ia this C4Se. Of
in making you clearly understand ela4 the law is as affect- ' etepping rine heir's llreadth beyond the strict lav or renson
ing the charge of high treason hat in this indietraent, i, nod jeatice. The. facts of a case strained, perverted, Stis-
undertake to say that the most doubting
amongst .Youo tested, sonounting to a mere tumult, was held to be a levy-
if there be any one so doubting when ho refers to 111,‘ ',pg. of war egainst tae 'Sovereign. Wh-t was then fact is
evidence of the witnesses, will
not only ,and that the now become doctrine, The foundation which was then laid
Charge has not been proved, but that it has actually been is row, embodied, and so you must be guided. Gentlemen,
disproved by the witnesses for the Crown themselves, It I •shall trot trorhie you wail other decisions that have been
is the duty of the Crown to. establish the charge ef hasa
r, pronouaeted Si a eimilar miture. I believe in the next reign
treason as laid in this indictment, before it, la the duty 1 reastines to euil down enclosures were held to- have been
of the prisoner•to rebut it, and I shell sheer you be0r...1 levyire‘nof we're Still in those days the Judges were not in-
all doubt thet the n
Crown had et Se y
eeecded in establish- - deoendeet. • They slave vvav, they yielded, they • h aled
usr '
ing this proof.. Let us mho for cur guide the law itself. themselvee for the Crown, Upon which they were depen-
The question it not •li.ere whether a. gre;kt and alarming cent for their °tikes. The consequence we,, that, as oxen
riot has been coramitted-dthe queatiew i^ even . a .i• C
ther blood haa been slied—the titlVS • . rowo required it..av, and often by consuaieg with
ehhot we e... as. t,e ,
before . .
before a ,
Leturn is not whistlisr the Judece the cases were brought
high crimes which are settynt to b • punts.' 1 ' I .• of ... - ' -1)-- ..
e able by the law tecv e ere he ,i to -a, a rev i"7 .v."" sip tae ~:aeing
have been perretrat a k 1
t --.utliie question is, whether the I of injo-ures tar.. :, 1.1 r. I be a'leyying if war against the
prisoner at the bar has been, by legal and competent . Queen- i-e-e; ia..e •• . e, Gentlemen, I have referred to
witnesses, proved to he 71) 1 'l I - •
guilty eyonc a, reasonable teeseess .. as oe • : e• . ses : first, fer the purpose of urging
doubt in be Minds of any one ofyou here present ofl • • • -t ~. .... iee :- -i . , peat, becsuse I feel that in what I
iavieg es;-“, ' '-' , " . ~. .. . ;.-.(f the ••• ,leof ,
levied war against her Ala' '
Jetty with tne treasonebie liass• .1, .1 - .i.• •e .. es...en la s a.,„ or ee puiteee arg-
intentions stated in. this ind etrrient. And, Geatic- in, lateen V: ~- cal:,. . •i •:ioaNFiioltito atteetien the grievous
men, it is important that no f ' d .
should eon fusion or uncertainty eieser toe e i. et,y w ~e i
this case, for it requires many prop?sitions to be este- • elcui importance. I shall Msw proceed, Gentlemen, to my
bushed. Tire Crown cannot t4eeeed trethis indictment by second obj -et, and reld . you to what many hundred years
establishing one proposition oak>, lint it is required to es- alter the passitil of the statute, and in some reigns after th.e
tablish several, to which I am about to rail soar
attention, deeisioas to.svhice I h,:•ve. alluded, tine great Lord Hale
and they all must be proved to your sausfection by comps. says op the subj et of these decisions :—" The first eeso-
tent legal evidence. Let roe say, then, that is not merely. lution that I find of this interpretative levying if ware is a
by what is called levying of war that Mr. Frost is le Le rseslution clod by my Lord Coke, P. C., pace Ice, in the
proved guilty of high treason. It is not because Mr. Feceit time of lisery VIII., for enhatering servant's' weges : and
may have been proved to have Leen himself at the head of i the next ie time was that of Burton, 39 Rlinaheth, Coke,
an armed band, o? vast and alarming numbers, who maraca t P. C., page to, for reisalet an armed force to pull down
through the highways of the kingdom into the roh:n. of heeloAreageneralhi, TMs is nesy settled 'oy these instances
Newport, mai teere committed run oi,Vitgo vs-Melt racy met ,(,tll3 of tie,: like kind, hereefaer. mentioned. The
amount to 4 leyyjag of ear, that is not enough to satoty preceasliae egaiest laurton 'and les retnpAninns ,was not
the law of high treason. The Counsel f.,i: the Crown mese teeee sae atetute el the 25th cf Edwerd 111., whtioda
satisfy you that the prisoner at the bur has levied vet"-. F,C' hod, 'that in rew eases the Parliameet shauld
certainly, that is the first point; but thee they must pro.- b.. feet ceroultielS but uson the statute of alie 13th
geed to satisfy you that he has homed wv agausetlicrala- of KiisoLeth, -ler eonseiring to levy vae .whieh heth
jesty. It is not encnit that he conducted an armed heel not &bet clause ofeenseiting the Pe:lien:. at in new eases;
and a multitude of persons, nor that he timed in eeneert and t4crefo:',D"svelos to Lave- a latitude to the Jadges to

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