I. M. he the said I. M. then and there being a manufacturer, workman, and artificer (f) of Great Britain, in the weaving of linen cloth (g), then and there being a manufacture of Great Britain, to go out of this kingdom of Great Britain into a certain foreign country, called America (h), such foreign country not then being within the dominion or belonging to the crown of Great Britain, in contempt, &c. against the form, &c. and against the peace, &c.

225. Indictment for uttering seditious words.

That A. B. late of, &c. labourer, being a wicked, seditious, and evil-disposed person, and greatly disaffected to our said lord the king, and contriving and intending the liege subjects of our said lord the king to incite and move to hatred and dislike of the person of our said lord the king, and of the government established within this realm, on, &c. with force and arms, at, &c. in the presence and hearing of divers liege subjects of our said lord the king, maliciously, unlawfully, wickedly, and seditiously did publish, utter, and declare with a loud voice, of and concerning our said lord the king, these words following, that is to say, "His majesty, George the third, (meaning our said lord the king) is *****, thank God for it; I (meaning the said A. B.) hope he (meaning our said lord the king) will soon be no more; damnation to all royalists," to the great scandal of our said lord the king, in contempt of our said lord the king and his laws, to the evil and pernicious example of all others in the like case offending, and against the peace, &c. (2nd count.) That the said A. B. being such wicked, seditious, and evil-disposed person as aforesaid, and greatly disaffected to our said lord the king,

(f) The words of the stat. are workman or artificer, but the conjuctive allegation is not improper, see R. v. Myddleton, 6 T. R. 739.

(g) The stat. uses the words, or any other manufacture.

(h) It was objected that the indictment charged generally, that America was out of the

SS

king's dominions, though the fact was notoriously otherwise, which the court ought to notice, and that it should have been stated to what part of America the manufacturer was enticed, but the court held that the verdict of the jury was conclusive. R. v. Myddleton, 6 T, R. 719.

and contriving and intending the liege subjects of our said lord the king to incite and move to hatred and dislike of the person of our said lord the king, and the government established within this realm, on, &c. with force and arms, at, &c. unlawfully, wickedly, maliciously, and seditiously, in the presence and hearing of divers liege subjects of our said lord the king, again did publish, utter, and declare of and concerning our said lord the king, and bis good, true, and faithful subjects, these words following, that is to say, "I (meaning the said A. B.) hope, king George the third (meaning our said lord the king) will soon be no more; damnation to all royalists." (Conclusion as before.)

226. Information for writing and publishing a libel against the king and government.

That I. H. late of London, clerk, being a wicked, malicious, seditious, and ill-disposed person, and being greatly disaffected to our said lord the king, and to his administration of the government of this kingdom, and the dominions thereunto belonging, and wickedly, maliciously, and seditiously contriving, devising, and intending to stir up and excite discontent and sedition among his majesty's subjects, and to alienate and withdraw the affection, fidelity, and allegiance of his said majesty's subjects from his said majesty, and to insinuate, and cause it to be believed, that divers of his said majesty's innocent and deserving subjects had been inhumanly murdered by his said majesty's troops in the province, colony, or plantation of the Massachusetts Bay, in New England, in America, belonging to the crown of Great Britain, and unlawfully and wickedly to seduce and encourage his majesty's subjects in the said province, colony, or plantation to resist and oppose his majesty's government, on, &c. with (i) force and arms, at (k), &c. wickedly, malici ously (1), and seditiously did write and publish (m), and cause and procure to be written and published, a certain

false (n), wicked, malicious, scandalous, and seditious libel (o), of and concerning his said majesty's government and the employment of his troops, according to the tenor and effect (p) following:

"King's Arms-tavern, Cornhill, June 7, 1775. "At a special meeting this day of several members of the Constitutional Society, during an adjournment, a gentleman proposed, that a subscription should be immediately entered into by such of the members present who might approve the purpose, for raising the sum of one hundred pounds, to be applied to the relief of the widows, orphans, and aged parents of our beloved American fellow-subjects, who, faithful to the character of Englishmen, preferring death to slavery, were, for that reason only, inhumanly murdered by the king's (meaning his majesty's (q)) troops at Lexington and Concord, in the province of Massachusetts (meaning the said province, colony, or plantation of the Massachusetts Bay, in New England, in America,) on the nineteenth of last April*, which sum being immediately collected, it was thereupon resolved, that Mr. H. (meaning himself the said I. H.) do pay to-morrow into the hands of Messrs. B. and C. on account of Dr. F. the said sum of one hundred pounds; and that Dr. F. be requested to apply the same to the above-mentioned purpose. I. H." (meaning himself the said I. H.) in contempt of our said lord the king, in open violation of the laws of this kingdom, and against the peace, &c.

(Second count.) That the said I. H. being such person as aforesaid, and again unlawfully, wickedly, maliciously, and seditiously devising, contriving, and intending as aforesaid, afterwards, to wit, on, &c. with force and arms, at, &c. wickedly, maliciously, and seditiously printed and published, and caused and procured to be printed and published, in a certain newspaper, entitled, "The Morning Chronicle and London Advertiser," a certain other false, wicked, scandalous, malicious, and seditious libel of and concerning his said majesty's government and the employment of his troops, according to the tenor and ef

(n) This allegation need not be proved, see 7 T. R. 4.

(o) See p. 127. and Starkie on Libel, p. 324, &c. (p) See p. 114, &c.

(q) As to the nature and use of innuendos, see p. 122, &c and Starkie on Libel, p. 334, &c.

fect following, that is to say, (setting out the libel as before.)

Third and fourth counts for publishing the same in other newspapers.

(Fifth count.) Wickedly, maliciously, and seditiously did print and publish, and cause and procure to be printed and published, a certain other false, wicked, malicious, scandalous, and seditious libel of and concerning his said majesty's government and the employment of his troops, according to the tenor and effect following, that is to say, (as before.)

Sixth count, for printing and publishing that part of the libel which precedes the *.

(Seventh count.) And the said attorney-general of our said lord the king, for our said lord the king further gives the court here to understand and be informed, that the said I. H. being such person as aforesaid, and again unlawfully, wickedly, maliciously, and seditiously contriving, devising, and intending, as aforesaid, afterwards, to wit, on, &c. with force and arms, at, &c. wickedly, maliciously, and seditiously, did write and publish, and cause and procure to be written and published, a certain false, wicked, scandalous, malicious, and seditious libel of and concerning his said majesty's government and the employment of his troops, according to the tenor and effect following: "I (meaning himself the said I. H.) think it proper to give the unknown contributor this notice, that I (again meaning himself the said I. H.) did yesterday pay to Messrs. B. and C. on the account of Dr. F. the sum of fifty pounds, and that I (again meaning himself the said I. H.) will write to Dr. F. requesting him to apply the same to the relief of the widows, orphans, and aged parents of our beloved American fellow-subjects, who, faithful to the character of Englishmen, preferring death to slavery, were, for that reason only, inhumanly murdered by the king's (meaning his said majesty's) troops at or near Lexington and Concord, in the province of Massachusetts, (meaning the said province, colony, or plantation of the Massachusetts Bay, in New England, in America,) on the nineteenth of last April. I. H." (again meaning himself the said I. H.) (Conclusion as before (r).)

(r) The original indictment, Cowp. 683. contains other counts stating the printing and publishing of the latter libel

in different newspapers, and also the publishing of both on different days.

227. Indictment for writing and delivering a challenge at the instance of a third person.

That A. B. late of, &c. esq. on, &c. at, &c. being of a turbulent, wicked, and malicious disposition, and intending to procure great bodily harm and mischief to be done to C. D. late of, &c. in the county aforesaid, esquire, and also intending, as much as in him the said A. B. lay, to incite and provoke the said C. D. unlawfully to fight a duel with and against one E. F. late of the same place, esquire, on the said second day of December, in the year aforesaid, with force and arms, at B. aforesaid, in the county aforesaid, did unlawfully, wickedly, and maliciously write, and cause to be written, at certain paper-writing, in the words, letters, and figures following, to wit, "To C. D. esquire, at B. (meaning the said C. D.) by the desire of Mr. E. F. (meaning the said E. F.) I (meaning himself the said A. B.) wait on you (meaning the said C. D.) to inform you (meaning the said C. D.) that he (meaning the said E. F.) expects such satisfaction as one gentleman should require from another, for an insult bestowed on him; your (meaning the said C. D.'s) conduct merits every treatment a scoundrel deserves. Manner, time, and place left to you (meaning the said C. D.) A. B. Dec. 2." (meaning and intending by the said paper-writing a challenge to the said C. D. to fight a duel with and against the said E. F.) which said paper-writing (meaning and intending the same as such challenge as aforesaid) he the said A. B. afterwards, to wit, on the same day and year aforesaid, at B. aforesaid, in the county aforesaid, unlawfully, wickedly, and maliciously did deliver, and cause to be delivered, to the said C. D. against the peace, &c.

(Second count, for delivering a written challenge as from, and on the part, and by the desire of E. F.) That the said A. B. being such evil-disposed person and disturber of the peace of our said lord the king as aforesaid, and intending to procure great bodily harm and mischief to be done to the said C. D. and to incite and provoke him the said C. D. unlawfully to fight a duel with and against the said E. F. afterwards, to wit, on the same day and year aforesaid, with force and arms, at B. aforesaid, in the county aforesaid, did unlawfully, wickedly, and maliciously deliver, and cause to be delivered, a certain written challenge, as from, and on the part and by the