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Liverpool, Merseyside, England, 1840-01-03 00:00:00

the weavers about London did not amount to a levying
war, although groat outrages were committed on that
occasion, not only in London, but in the adjacent country,
for these judges considered the whole affair merely as a
private quarrel in order to prevent the use of a particular en-
gine. Five of the julges were of a different opinion, but the
Attorney-General thought proper to proceed for a riot
only." These are the instances m which he. says the statute
does not apply ; but every insurrection intended against the
person of the 'ing to dethrone him, or to compel him to alter
his government, these cases amount to levying war within
the statute, and every conspiracy to levy war in an overt act
for these purposes cannot be effected by numbers without
manifest danger. Then follows this passage :—" In order to
throw down all institutions, to alter the established law or
change the religion of the country, or open all prisons, all
risings in order to effect these invasions of the public and ge-
neral concern by an armed force, are high treason within the
clause of levying war; for though they are not levied at the
person of the King, they are against the Royal Majesty, and
have a direct tendency to dissolve all the bonds of society,
and destroy all property and government by an armed force ;
insurrection for redressing nationalgrievances, or for reform-
ing real or imaginary evils, risings of this kind are, by con-
struction of law, within the clause of levying war, for they
arc levelled at the King's crown and royal dignity." Gen-
tlemen, it will not be said, I hope in this case, that we are
resorting to constructive treason ; we seek to bring our ease
within the specific offence defined by the act of Parliament,
as that law as for ever been enforced. Gentlemen, if these
avowed insurrections were not to be considered as treason,
and to be punished with great severity, what safety would
there be for society ? There are many temptations of re-
venge, of wrongheaded zeal, which may lead individuals to
attempt to bring about a revolution in the government and
change the existing state of affairs. Such attempts, if made
by one may be made by many, and the consequence would
be, a general dissolution of society, confusion, and disorder. -
Gentlemen, there is another passage in Foster's Law, which
follows soon after, in section 10 :—" Taking the King's forces
upon a march is levying war against the King : if upon a
sudden quarrel, from sonic afront given or taken, the
neighbourhood should rise and drive the forces out of
their quarters, that would be a great misdemeanor, and if
death should ensue, it may be felony in the assailants,
but it will not be treason, because there was no intention
against the King's person or Government." Yon have it

here again laid down that attacking the King's forces in op-
position to his authority, is levying war against the King. if
it should be upon some sudden provocation, or without pre-
meditation, it would not he a levying of war • but where it is
an attack upon the King's troops by premeditation and de-
sign, that is a substantive offence within the act of Parlia-
ment. . Gentlemen, by the 36th of George 111., chapter 7,
the law of treason is clearly defined ; it is enacted " that if
any person or persons whatever within the realm, or without,
compass, imaffine, invent, devise, or intend death or destruc-
tion, or any todily harm tendin to death or destruction,
maim or wounding, imprisonment or restraint of the person
of our Sovereign Lord the King, his heirs and successors, or
to deprive or depose him, or diem, from the style, honour,
or kingly name of the Imperial Crown of this realm, or of
any other part of his Majesty's dominions or countries, or to
levy war against his Majesty, his heirs and successors within
this realm, in order by force or constraint to compel him cr
them to change his or their measures or counsels, or in order
to put any force or constraint upon or to intimidate or over-
awe both houses or either house of Parliament, or to move
or stir any foreigner or stranger with force to invade this
realm or any other his Majesty's dominions, or countries
under the obeisance of his Majesty, his heirs, and successors,
and such compassings, imaginations, inventions, devices, or
intentions, or any of ;hem shall express, utter, or declare, by
publishing any printing or writing, or by any overt act or
deed being legally convicted thereof, upon the oaths of two
lawful and credible witnesses upon trial, or otherwise con-
victed or attainted by due course of law, then every such
person and persons so as aforesaid offending, shall be
deemed, declared, and adjudged to be a traitor or traitors."
Gentlemen, the third count of this indictment charges the
prisoner at the bar with compassing, or imagining to dethrone
our Sovereign Lady the Queen, and to depose her from her
Royal state and Kingly dignity ; and in order to prove. this
it will be necessary to show you that certain overt acts were
done, and it will appear that there was an armed insurrection
of a public nature raised and made within the realm with the

intention of superseding and destroying the authority of the
Crown. This, then, gentlemen, being proved before you by
the oaths of two credible witnesses, as I am instructed they
will be, then these overt acts, being so proved, I will say,
under the direction of my Lords who preside here, amount
to the crime of high treason. Gentlemen, the last count of
the indictment charges the prisoners with others, with en-
deavouring to compel Her Majesty, by force, to change her
measures, and this charge also must be proved by overt acts,
and if it be so proved, why, then, there is a clear levying of
war within the meaning of the statute. Gentlemen, before
I conclude these few and brief observations upon the law of
treason, I will, with all humble submission to my Lords,
beg to refer you to the latest authority upon the law of trea-
son. The authority of my Lord Tenterden, in the trial of
Arthur Thistlewood and others, and from which it will be
seen, that from the time of Sir Michael Foster down to the
present, Sir M. Foster's views of the law of treason had
been universally adopted. In the 33d volume of State
Trials, page 684. the Lord Chief Justice Tenterden used
these words—" Before the passing of the late statute, it had
been settled by several cases actually adjudged, and by the
opinions of the text writers upon this branch of the law,
that all attempts to depose the King from his Royal state
and title, to restrain his person"—
The LORD CHIEF JUSTICE.—Who was it said this, Mr.
Attorney ?
The ATTORNEY-GENERAL.—My Lord Tenterden, my
lords.
The LORD CHIEF JUSTICE.—Then Sir Charles Abbott.
The ATTORNEY-GENERAL.—Iea, my lord. He was
charging the grand inquest, and he says, " Before the pass-
ing of the late statute. it had been settled by several cases
actually adjudged, and by the opinions of the text writers on
this branch of the law, that all attempts to depose the King
from his royal state andi title, to restrain his person, or to
levy war against him, and all conspiracies, consultations, and
agreements for the accomplishment of those objects were
overt acts of compassing and imagining the death of the
King. By this statute, the compassing or intending to com-
mit these acts—that is, to depose his Majesty, to restrain his
person, or to levy war against him, for such purposes, is a
substantive treason, and thereby the law is rendered more
clear and plain, both to those who are bound to obey it, and
those who are engaged in the administration of it. It may
be proper for me to add, that it has been established in like
manner that the pomp and circumstances of military array,
such as usually attend regular warfare, are by no means ne-
cessary to constitute an actual levying of war within the true
meaning of the ancient statute." And this, gentlemen, you
will particularly observe to be the case, for the learned judge
whom I have been quoting continues :—lnsurrections and
risings, for the purpose of effecting by force and numbers
—howeverill arranged, provided, or organized—any insur-
rection of a public nature, for redress of supposed public
grievances, in which the parties had no special or par-
ticular interest or concern, have been deemed instances
of the actual levying of war, and consequently to com-
pass or imagine such an insurrection, in order, by force,
and numbers, to compel his Majesty to alter his mea-
sures or counsels, will be to compass or imagine the le-
vying of war against his Majesty for that purpose,' within
the just meaning of the modern statute. Rebellion at its
first commencement is rarely found in military discipline or
array, although a little success may soon enable its actors to
assume them." Thus then, gentlemen, you find the learned
Judge who presided upon this not very distant occasion,
bearing out fully the same view of the law of treason which
had been taken by Sir M. Foster, and therefore all insurrec-
tions of a public nature, in which the parties have even no
special or particular interest or concern, have been deemed
treasons, and levyings of war, within the meaning of the
statute. Bnt, gentlemen, I need not pursue this branch of
the subject further, as I am not aware that any doubts will
arise as to the nature, state, and meaning of the law. I will
therefore, gentlemen, at once proceed to give you a short
outline of the facts which arose from and during this insur-
rection and these disturbances of the public peace; and first,
gentlemen, I would beg to draw your attention to the geo-
graphical character of the country in which this insurrection
took place, Gentlemen, I will beg to describe to you what
is called the Hill district, which may, perhaps, be well known
to many of you. This district, gentlemen, is of a moun-
tainous character, and triangular form, having for its apex a
place called Rises, which is about five miles from New-
port, its base being about 15 or 20 miles from it. Gentle-
men, it is bounded on the west by places which arc called
Beaufort and Nant-y-Glo, and upon the east by Blanadon.
This country, gentlemen, is intersected by deep glens,
which are watered by the various mountain streams the
principal of which proceed from Rhymney in the west,
and from Sirrhowy in the east, after which comes the Ebbw,
and they proceed down until they join, and then near Ponty-
pool there is the Avon. Gentlemen, that country, as you
are aware, abounds in every part with mines of coal and of
iron, which have been of late years worked to a very consi-
derable extent, so that in a district where, 50 years since,
there were scarcely any inhabitants, save the scattered huts
of a few shepherds and mountaineers, there is now a dense
population amounting, according, I believe, to the nearest
possible computation, to upwards of 40,000, almost all of
whom are engaged in the mining and coal districts. Gen-
tlemen, I am afraid that this population ate not of the most
peaceable description—l am afraid, gentlemen, that their ig-
norance prevails to a very great extent, and that the people,
in consequence, are easily subject to be misled and practised
upon by evil and designing men, who, gentlemen, I am afraid,
have, by means of certain societies, organized the population
into a considerable degree, and that the organization has been
so carried ou that a command may be readily circulated
among the population, and as speedily obeyed. This, gen-
tlemen, I believe, is an accurate view of the state of this po-
pulation, and I regret to find that it should be so. Gentle-
men, it appears that the prisoner, John Frost, has been, for
many years a linendraper, and had obtained an influence upon
the population which I have been describing to a very con-
siderable extent. Then, Gentlemen, the town of Newport,
as you are aware, is the outport to which the commodities
from the hills arrive,—a town of considerable importance,—
the outport to Bristol, and the various parts of England and
abroad,—the high road to Birmingham, and the manufacto-
ries to the north. Gentlemen, upon the week previous to
the rising which> took place, and there were various consulta-
tions and meetings, at which the plans laid were discussed,
at which meetings and discussions Mr. Frost was present.
These meetings were chiefly held, it appears, at Blackwood,
at a public-house there, at which the lodge was held. Gen-
tlemen, there was one of these meetings held at Blackwood,
a most important one, upon the Friday preceding the day of
the insurrection ; at which meeting various deputies attended,
and a return of the numbers of the armed force which could
be mustered was made, and there the plan
was laid for the
scheme which was afterwards to be carried into effect. Gen-
tlemen, what was that scheme? It was arranged that they
should assemble on the night of Sunday, the 4th of Nov.

Mr. Serjeant Lmnow.---Sunda

tlie.id of November

_ ..- y,
my learned friend, Mr. The ATTORNEY-GENERAL.-Genttemen, I um very
kindly and properly reminded by
gentlemen, it
Ser-
jeant Ludlow, that it was the 3d a November, for Monday,
the day of the insurrection, was the 4th. Well,
was there arranged that they should assemble on the night of
Sunday, the 3d of November, in three Principal divisions.
[The learned counsel then entered into the details of
e late
insurrection, specifying the part which the prisoner had
taken in the proceeding's up to the period of his capture.As
these details have already appeared in our columns
not think it necessary to repeat them. He then
we do
_ proceeded]
is —Gentlemen, peace and tranquility •
as thus restored, and,
gentlemen,
can be it will be for you to say, if these facts are proved,
whether there any reasonable doubt in your minds of
the guilt of the prisoner. How are those
facts, gentlemen,
to lie proved. With regard to
the main circumstance of the
case, no doubt can possibly
e entertained. I shall prove the
facts by witnesses above
al b I
exception, wholly unconnected
witli these disturbance
restore tranquility.,
y disturbances, who are trying to establish peace and
si. With regard to particular declarations
made by Mr. Fro
which for the present I avoid detailing to
you, these,
evidence undoubtedly,of ' ersons who were concerned with him in that
insurrection
• Gentlemen, my learned friend will,
no doubt
, inbe
make comments on their testimony,'fully
Gen-
tlemen, jus-
tified in cluing, and he will
them h
asacecmn l' t.; p ices. en-
tlemen, whether they were there voluntarily or by compul-
sion, there can be no doubt that their evidence is to be re-
ceived with suspicion : it is to be weighed with caution ; but
if you do sift their evidence, and if you do see no reason
to question their veracity, then, gentlemen, you will not
hesitate to believe the evidence they give. Such evidence,
gentlemen, in such a case, must be laid before a jury. Gen-
tlemen, it is quite clear that treasonable consultation's never
will be held in public. How, then, are they to be proved?
It must be by the employment of spies and informers, whose
evidence has always been condemned, and very often disbe-
lieved, or it must be by the evidence of those who were ac-