Star.
London, England, 1822-04-15 00:00:00

eases bf •

dual, that individual
'ieedings, although he
them nominally at the
also true that societ
secution of such
to protect each
and felon; nor
course,wheie the
definite, BUtatt

any individual
was the ancient ,
them as, peculiar
of the Crown.

and wise ; for it,
ness, delicacy, and
rashly wielded, _ ight
In our own country, a revolution-in which, indeed, all
good men bore part—was occasioned by an indiscreet
prosecution for libel. But for the prosecution of the
seven Bishops by James Y. that ill-fated monarch
might have ssmtitiued to reign. History was full of
similar exaielplet. And was it, then, to be tolerated
that a volinitary Association should usurp the power
of the State, and drag into public day offences,
bliich, however criminal, a 'wise Government might
shrink from attackiiii ? What would the Jury say
when they knew that this Association had presumed
to seek out offences which Government had thought
k unwise to prosecute? Although he thought it right
to make these observations—though he would, while
he lived, resist all power but that which was recog-
nized by the Constitution, all government but that
established by law—he would not new call on the
Jui y to decide, in a large sense, on the illegality of the
avowed objects of die Society. He would try the
defendants by their practices, not on their professions;
as the tree was known, not- by its blossoms, but by
its fruit. Helldal in his hand a paper, signed by
Mr. Sharpe, which he should give in evidence, pur-
porting to be a circular addressed to Magistrates, and
assuming a style as official, and an authority as graves
as if the letter really issued from the Home Depart-
ment. Here it was stated, by way of boast, that in-
dividuals had received mercy on giving up their stock
of sedition on oath—on abandoning the publication
indicted, and expressing their contrition. The publi..
cations attacked were designated as " disloyal, libel.
loin, and seditious"—terms which, in the abstract,
would excite feelings of detestation alike in all ho-
nourable minds, but in the application of which men
would widely differ, as many Grand duties had done,
if report were true, from the Secretary and his minions.
These were the avowed conditions of their compro:
Raises; but there was one not avowed—that money was
taken from parties indicted or threatened with prosec u-
• dons. What! if the Attorney-General were to institute or
to threaten a prosecution, and then to take money
for forbearing to proceed,would not he be impeached ?
and should individuals dare to combine for a pur-
pose so atrocious ? The circular then went on to
speak of " the peace and good order 9f society," as
protected by the Association. Were, then, the King
and his Ministers laid aside? Had the Government
of the country devolved on a commission-agent, who
had been twice a bankrupt, and nho came from the
hole in Bridge-street to take care " of the peace and
good order of society ?" The manifesto then pro-
ceeded to advert to caricatures, and stated that the
attention of the Committee would be particularly di-
rected to those affecting the person and character of
the Soiereign. Surely this point was the most delicate
of all—the last in which strangers should venture to in•
termedille, lest they should point out an offensive
meaning to the world, which, even if intended, would
otherwise be understood by none. Such were some
of the professions of a Society which, dangerous as it
was to the world, might be useful to an attorney who
would travel to prosecute all through England, and
take care to be well remunerated for his expenses,
In former periods of our history, a commission to en-
force penal laws was given to two men, of whom all
had heard —Empson and Dudley, whose proceedings
created the most extensive disgust, and who were at
last called on to answer for the mischief they had done.
Empson made a speech before the Privy Council in
his defence, in which he urged that he only put the
existing laws in force : yet he and his colleague were
convicted and beheaded. The offence of which the
present defendants were accused—that of using the
law oppressively for corrupt purpches—was a crime
both by common law and statute; and he would now
State the particular instances on which it was founded:
The first case was that of a man named Atkinson,
who never was indicted at all, but was arrested on
an affidavit made by Mr. Sharpe, that he had been
guilty of libel, After passing the residue of the day
and the night in custody, he was brought before a
Judge, and offered sufficient bail ; but Mr. Murray
insisted on his forty-eight hours of notice, and he
was committed to Horsemonger-lane Jail, where he
remained five days. While he was in prison, a friend
interfered and procured his liberation, on condition
of his giving up his stock of what the Society thought
seditious, and taking an oath to sell no more. Then
a man on horseback goes to his house and demands
money ; and no less a sum than ElB. 16s. Bd. was
demanded afterwards by Mr. Murray, for the ex-
penses of a prosecution in which no indictment had
been found! The poor man demurs; Murray offers
to take 1:15. This he is unable to,raise, and goes to
the Committee itself, where, after waiting a long
time in an adjoining room, he is called in and addressed
by Sir John Sewed, the Chairman, in the presence
of tlic other defendants—" Well, in consideration
of your imprisonment and your contrition, we will
only fine you five pounds!" This was not all; for Mur-
ray pressed hard tor payment, and threatened that if
it was not paid directly the proceeding should go on.
Was this to be endured? It was as grave an offence
in point of law as it was an outrage to natural feel-
ing and justice. lie would cite, though it was scarcely
necessary, the opinion of Lord Chief Justice Holt—.
a Judge whom he ws,uld not characterize as perfect,
for it was no compliment to a man to say that he
was an angel, but who, lie would say, was one of the
most high-minded Judges who ever adorned our
(loons—one who was equally superior to the flats
series of a Court and the clamours of the People--
one who held an even and a steady course, and who
had secured the admiration of his own time, and the
gratitude of posterity. In the Queen v. Woodward,
IL Modern Reports, IV, which was the case of as
indictment for extorting money by a threat to send a
pueridesiaAnbteo
vhNveuselgdatgei,veatnidiollierycisaecridutae
nohitme•

11

for perjury,
Lord Holt