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of July current. Witness my hand, this 17th day of July, 1795.

ROBERT M'QUEEN.

[In consequence of this certificate, sir Archibald was removed from prison on Friday the 17th of July, 1795.]

609. Proceedings on the Trial of HENRY REDHEAD, otherwise HENRY YORKE, Gentleman, for a Conspiracy. Tried at the Assizes holden at York before the Honourable Sir Giles Rooke, knt. one of the Justices of his Majesty's Court of Common Pleas, July 23: 35 GEORGE III. a. d. 1795.*

The Bill of Indictment was found by the 1 Grand Jury for the Lent Assizes, 1795, of which the following is a list:

Sir R.D. Hildyard, of Winestead, bt. Foreman.
Richard Henry Beaumont, of Whitley
Humphrey Osbaldeston, of Hunmanby
Edward Constable, of Burton-Constable
John Dalton, of Sleningford
Walter Fawkes, of Farnley
Robert Dennison, of Kilnwick
Bryan Cooke, of Owston
Thomas Grimston, of Grimston
Henry Grimstone, of Sunderlandwick
Robert Athorpe Athorpe, of Dennington
Thomas Norcliffe Dalton, of York
Edward Wilkinson, of Potterton Lodge
William Marwood, of Busby
Edward Topham, of Wold Cottage
Robert Carlisle Broadley, of Ferraby
Hewley John Baines, of Bell-Hall
Gilbert Crompton, of York
William Richardson, of Fulford
Charles Mortimer, of Burton Grange
Thomas Horton, of Holroyd
Robert Harvey, of Farnhain
Tatton Sykes, of Drypool,-esqrs.

The names of the jurors returned by the sheriff were then called over.

Thomas Robinson of Kilderthorp, esq. was challenged on the part of the crown, by Mr. Law.

Mr. Hotham.-My lord, as counsel for Mr. York, I think it my duty to observe, that the counsel for the crown have no right to object to a juror, without assigning a cause.+

Mr. Law.-I shall certainly assign no cause, nor say a word upon the subject.

Mr. Justice Rooke.-Are you serious in your objection, Mr. Hotham?

Taken in short-hand by Ramsay, and published by the defendant. Many observations on these proceedings were published in notes to the original edition of the trial by the defendant. Such of the notes as merely contained aspersions on the conduct of other persons, I have of course omitted.

+ See p. 22 of this Volume.

Mr. Hotham-Most certainly, my lord; and I beg it may be taken notice of, that the objection was made.

out assigning a cause, I ought to be allowed Mr. Yorke. If they object to a juror, with the same privilege.

Mr. Justice Rooke.-I repel the objection. The following gentlemen were then sworn:

SPECIAL JUROrs.

Samuel F. Barlow, of Middlethorp, Foreman.
Thomas Chatterton, of Waplington
Benjamin Agar, of Stockton

William Nelson, of Brantingham,-esqrs.
TALESMEN.

Thomas Brennard, of Baildon, malster.
Richard Balderston, of Ingleton, gent.
Richard Vawser, of Market Weighton, gent.
John Brown, of Rudston, gent.
Timothy Crowther, of Gomersall, merchant.
Richard Crosby, of Whitby, gent.
Thomas Cooper, of Low Worsall, yeoman.
William Meadley, of Aldborough, yeoman.

Counsel for the Crown. Mr. Law [after. wards lord Ellenborough and Lord Chief Justice of the Court of King's-bench]; Mr. Wood fafterwards one of the Barons of the Court of Exchequer]; Mr. Topping and Mr. Johnson.

Solicitors.Messrs. Chamberlayne and Mr. Dealtry, Crown Office; Mr. Brookfield, White, Solicitors to the Board of Treasury;

Sheffield.

Counsel for the Defendant.-Mr. Hotham. Solicitor. Mr. Skepper, York.

Mr. Johnson opened the Indictment, which is as follows:

INDICTMENT.

Yorkshire, THE jurors for our lord the

to wit.king, upon their vath present, that Henry Redhead, late of Sheffield, in the county of York, gentleman, otherwise called Henry Yorke, late of Sheffield, in the county of York, gentleman, Joseph Gales, late of the same place, printer, and Richard Davison,

late of the same place, labourer, being malicious, seditious, and ill-disposed persons, and being greatly disaffected to our said lord the king, and to the government of this realm as by law established and maliciously and seditiously contriving and intending to break and disturb the peace and tranquillity of this realm, on the seventh day of April, in the thirtyfourth year of the reign of our sovereign lord George the Srd, now king of Great Britain, and so forth, and on divers other days and times, as well before as after, with force and arms, at Sheffield aforesaid, in the county aforesaid, unlawfully, maliciously, and seditiously, did combine, conspire, and confederate with each other, and with divers other disaffected and ill-disposed subjects, whose names are to the said jurors unknown, to traduce, vilify, and defame the Common's House of Parliament, and the government of this realm, and to excite a spirit of discontent, disaffection, and sedition in the minds of the liege subjects of our said lord the king, towards and against our said lord the king, and the government of this realm; and that the said Henry Redhead, otherwise Henry Yorke, Joseph Gales, and Richard Davison, and the said other conspirators, in pursuance of the said unlawful combination and conspiracy, on the said seventh day of April, in the thirty-fourth year aforesaid, at Sheffield aforesaid, in the county aforesaid, did cause and procure divers subjects of our said lord the king, to a large number (to wit). the number of four thousand and more, to meet and assemble themselves together, at a certain open place called the Castle Hill, at Sheffield aforesaid, for the purpose of hearing divers scandalous, seditious, and inflammatory speeches, resolutions, and writings of, and concerning the Commons House of Parliament, and the government of this realm, proposed, uttered, published, and read to the said subjects at such assembly, and did then and there, at the said assembly, propose, utter, publish, and read, and cause and procure to be proposed, uttered, published, and read to the said subjects, so assembled as aforesaid, divers scandalous, seditious, and inflammatory speeches, resolutions, and writings of, and concerning the said Commons House of Parliament, and the government of this realm, traducing, vilifying, and defaming the said Commons House of Parliament, and government of this realm, and representing the people of this realm to be unlawfully oppressed and injured by the government thereof; and that the said Henry Redhead, otherwise Henry Yorke, Joseph Gales, and Richard Davison, and the said other conspirators, in further pursuance of the said unlawful combination and conspiracy, and in order to induce the liege subjects of our said lord the king, to think aud believe that the said Commons House of Parliament were inattentive to the lawful wishes, desires, and petitions of the people of this realm, then and there (to wit) on the said seventh day of April,

in the thirty-fourth year aforesaid, at Sheffield aforesaid, in the county aforesaid, did cause and procure a motion and proposal to be then and there made to the said subjects, so then and there assembled at the said place, called the Castle Hill as aforesaid, that a petition should be presented to the House of Commons (meaning the said Commons House of Parliament) for a reform in the representation of the people in parliament, with intent that the said motion and proposal should be then and there rejected by the said subjects, so then and there assembled as aforesaid; and which said motion and proposal, by the contrivance and procurement of them, the said Henry Redhead, otherwise Henry Yorke, Joseph Gales, and Richard Davison, and the said other conspirators, was then and there so rejected accordingly: And that the said Henry Redhead, otherwise Henry Yorke, in further pursuance of the said unlawful combination and conspiracy, then and there (to wit) on the same seventh day of April, in the thirty-fourth year aforesaid, at Sheffield afore said, in the county of York aforesaid, did, with a loud voice, say, publish, and utter, to and in the presence and hearing of the said subjects, so then and there assembled at the said place, called the Castle Hill as aforesaid, divers other seditious, malicious, and inflammatory matters and things, of and concerning the said Commons House of parliament, and the government of this realm; and among other things as follows (that is to say) Fellow-citi. zens, the day is at length arrived, when fanaticism and superstition, deprived of their tinsel trappings, and exposed, in their native ugliness, to the view of mankind, slink scowling back to the cave of obscurity; there, I hope, they will for ever remain. The energy of Englishmen will no longer endure this strange uproar of injustice (meaning of injustice in this country, and meaning and insinuating thereby that injustice was practised in this country by the government thereof). I trust my countrymen (meaning the people of this country) are sick of religious and political imposture, and that their decisive and manly conduct will command, in an imperious tone, which will take no denial, not a melioration of these enor mous abuses (meaning abuses in this country) which would be to compromise with injustice; but I trust they will demand the annihilation of corruptions and abuses (meaning of corruptions and abuses in this country), and a restitution of the original rights of human nature. And afterwards as follows (that is to say), the governments of Europe (meaning among others the government of this country) present no delectable symmetry to the contemplation of the philosopher-no enjoyment to the satisfaction of the citizen. A vast deformed and cheerless structure, the frightful abortion of haste and usurpation, presents to the eye of the beholder no systematic arrangement, no harmonious organization of society. Chance, haste,

faction, tyranny, rebellion, massacre, and the hot inclement action of human passions, have begotten them. Utility never has been the end of their institution, but partial interest has been its fruit. Such abominable and absurd forms, such jarring and dissonant principles, which chance has scattered over the earth, cry aloud for something more natural, more pure, and more calculated to promote the happiness of mankind. And afterwards as follows, that is to say, it must be granted that this experience is important, because it teaches the suffering nations (meaning this nation among others) of the present day, in what manner to prepare their combustible ingredients, and humanists in what manner to enkindle them, so as to produce with effect that grand political explosion, which at the same time that it buries despotism, already convulsive and agonizing, in ruins, may raise up the people to the dignity and sublime grandeur of freedom (meaning and intending thereby to insinuate, and cause it to be believed, that the government of this country, among others, was a despotic government; and that the people of this country, among others, were not free). And afterwards as follows (that is to say), Citizens, I repeat my former assertion. Go on, as you hitherto have done, in the culture of reason. Disseminate throughout the whole of your country, that knowledge which is so necessary to man's happiness, and which you have yourselves acquired. Teach your children, and your countrymen, the sacred lessons of virtue, which are the foundations of all human po lity. Teach them to respect themselves, and to love their country. Teach them to do unto all men, as they would that they should do unto them, and their love shall not be confined to their country, but shall extend to the whole human race. When such a revolution of sentiment shall have dispersed the mists of prejudice; when by the incessant thunderings from the press, the meanest cottager of our country (meaning Great Britain) shall be enlightened and the sun of reason shall shine in its fullest meridian over us, (meaning the people of this country) then the commanding voice of the whole people (meaning the people of this country) shall recommend the five hundred and fifty-eight gentlemen in Saint Stephen's chapel, (meaning the members of the said Commons House of Parliament) to go about their business. And that the said Henry Redhead, otherwise Henry Yorke, Joseph Gales, and Richard Davison, and the said other conspirators, in farther pursuance of the said unlawful combination and conspiracy, on the said seventh day of April, in the thirty-fourth year aforesaid, at Sheffield aforesaid, in the said county, did read, utter, and publish, and cause and procure to be read, uttered, and published to and in the presence and hearing of the said subjects so then and there assembled, as aforesaid, divers other seditious, malicious, and

inflammatory matters and things of and concerning the said Commons House of Parliament, and amongst other things as follows; that is to say, it is the opinion of this meeting, that the people (meaning the people of this country) ought to demand as a right, and not petition as a favour, for universal representation; therefore we will petition the House of Commons (meaning the said Commons House of Parliament) no more on this subject: and that the said Henry Redhead, otherwise Henry Yorke, in farther pursuance of the said unlawful combination and conspiracy, then and there (to wit) on the said seventh day of April, in the thirty-fourth year aforesaid, at Sheffield aforesaid, in the county of York aforesaid did, with a loud voice read, utter, and publish to the said subjects, so then and there assembled, at the said place called the Castle-hill, a certain libel of and concerning the said Commons House of Parliament, and the government and people of this realm, purporting and pretending to be a petition to our said lord the king, for the emanci pation of the negro slaves, and containing therein, among other things, divers malicious and seditious matters and things, of and concerning the said Commons House of Parlia ment, and government of this realm, as follows; that is to say, wishing to be rid of the weight of oppression under which we groan, we are induced to compassionate those who groan also, and to desire an alleviation of their sufferings: on our own account, we have repeatedly petitioned the lower House of Parliament (meaning the said Commons House of Parliament) but petitioned in vain: we are weary of the practice-we are disgusted to hear the hallowed name of liberty made the sport of corrupt placemen (meaning of corrupt placemen in this country); and we are shocked to see that in the practice of legisla tion (meaning the practice of legislation in this country), humanity is but a name: and that the said Henry Redhead, otherwise Henry Yorke, Joseph Gales, and Richard Davison, and the said other conspirators, in farther pursuance of the said unlawful combination and conspiracy afterwards (to wit) on the tenth day of April, in the thirtyfourth year aforesaid, at Sheffield aforesaid, in the said county of York, did print and publish, and cause and procure to be printed and published, a certain scandalous, malicious, and seditious pamphlet, of and concerning the said Commons House of Parliament, and the government of this realm, intituled, Proceedings of the Public Meeting held at Sheffield, in the open Air, on the seventh of April 1794; and also an Address to the British Nation, being an Exposition of the Motives which have determined the People of Sheffield to Petition the House of Commons no more on the Subject of Parliamentary Reform; and containing therein, among other things, as well the said scandalous, malicious. and seditious matters herein-before mentioned

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to have been spoken, uttered, read, and pub- House of Parliament) because not dressed in lished to the said subjects so assembled at the a gentlemen-like language, how are we, plain said place called the Castle-hill, as aforesaid; mechanics, ever to obtain redress, who are not as also divers other scandalous and seditious gentlemen, and who are consequently ignomatters and things of and concerning the said rant of those polite and courtly expressions Commons House of Parliament, and the go- which are necessary to gain a hearing in that vernment of this realm (that is to say), in House, we are ignorant of the art of displayone part thereof, according to the tenor and ing truth by halves; and as we love plain effect following (that is to say), our petition dealing ourselves, we detest hypocrisy in was received with the utmost indignation by others, and pity those who would wish us to the House of Commons (meaning the said follow their example. We said to the House Commons House of Parliament), which was of Commons (meaning the said Commons no more than we expected; we knew that House of Parliament), we are wronged and the homely truths we uttered would be very aggrieved; will you right us, and redress our unwelcome guests in that House (meaning the grievances, or will you not? If you will, we said Commons House of Parliament); we shall be satisfied; if you will not, we shall never expected that a body, in which there seek redress some other way. This is the were so many placemen and pensioners, sole question with us; and we put it, as we would listen to the palpable facts stated in thought, in a most becoming style to the that petition, the object of which was, to root House of Commons (meaning the said Comout injustice, and to curb licentiousness (mean- mons House of Parliament); but our petition ing licentiousness) and corruption: neverthe- being scouted, we shall trouble them no more less, as we were called upon by our country- with our coarse and unmannerly language: it men to unite with them, we thought ourselves will be our duty to proceed, as we have unibound to comply with their wishes; and al- formly done hitherto, in enlightening the though our petition was disdainly rejected, public mind; and when a complete revolution because, not couched in language sufficient of sentiment shall take place (as will shortly (meaning sufficiently) polite and respectful be the case) in our country, we shall open our for the five hundred and fifty-eight gentlemen mouths in that key we think most agreeable who sit as the House of Commons (meaning to ourselves; and our voice, together with the said Commons House of Parliament); yet that of our disfranchised countrymen, will rebelieve us, fellow-citizens, we are still of opi- semble perhaps the thunderings from Mount nion, that the matter it contained was not only Sinai ! If the members of the House of Comjust and proper, but we think that even the mons (meaning the said Commons House of language which gave so much offence to the Parliament) be the representatives of the peohon. gentlemen, was much too polite and too ple, there is no cause of complaint. If it be moderate for us! for if the House of Com- a virtual representation, those who are virtumons (meaning the said Commons House of ally represented are alone competent to ascerParliament) were the real representatives of tain the conditions of the trust, and to deterthe people, we certainly had a right to dictate, mine whether the virtual representation anand not to petition, because they could be swer its intended object: we have long since considered in no other light than as the organs decided on the subject, and our verdict is of the public will; and if they refused to obey-GUILTY. Those who have a right to speak that will, they would be usurpers, and not representatives: if, on the contrary, they are not the representatives of the people, what have we to do with them? If they are not our representatives, we cannot be their constituents, and to petition those who are not our representatives, as our representatives, would be a manifest absurdity, if not an insult and mockery of ourselves: however, the petition, such as it was, being termed disrespesful, (meaning disrespectful) was thrown out by a majority of 79, there being 29 only who voted for its being received, and 108 who voted against it: such imperious treatment rather gives warning than strikes terror. The abuse of representation can never come in the place of a rule; for no legal power can be derived from injury or injustice. On this ground alone, therefore, we are justified in preserving a sullen silence in respect to the House of Commons (meaning the said Commons House of Parliament); for if grievances, abuses, complaints, and truth, are to be discarded from that House (meaning the said Commons VOL. XXV.

in a dictatorial tone disgrace themselves by petitioning; nor can there be any propriety in petitioning a corrupt agent to remove himself, and to appoint another in his place. And in another part thereof, according to the tenor and effect following (that is to say), the constitution of Britain indeed is highly extolled, as the greatest effect of human wisdom, so is the constitution of Turkey at Constantinople; but these are prejudices, and the long tyranny of prejudice is verging to a speedy termination, in contempt of our said lord the king and his laws, to the evil example of all others, in the like case offending, and against the peace of our said lord the king, his crown and dignity. And the jurors aforesaid, upon their oath aforesaid, do farther present, that the said Henry Redhead, otherwise Henry Yorke, Joseph Gales, and Richard Davison, so being such persons as aforesaid, and so contriving and intending as aforesaid, on the seventh day of April, in the thirty-fourth year aforesaid, and on divers other days and times, as well before as after, with force and s T

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arms, at Sheffield aforesaid, in the county aforesaid, at Sheffield aforesaid, in the county aforesaid, unlawfully, maliciously, and sediti- aforesaid, cause and procure divers other subously, did again combine, conspire, and con- jects of our said lord the king, to a large Dumfederate with each other, and with divers ber (that is to say), to the number of four other disaffected and ill-disposed subjects, thousand and more, to meet and assemble whose names are to the said jurors unknown, themselves together at a certain open place to traduce, vilify, and defame the said Com-called the Castle-hill at Sheffield aforesaid, in mons House of Parliament, and the govern- the county of York aforesaid; and did then ment of this realm, and to excite a spirit of and there, at the said last mentioned asdiscontent, disaffection, and sedition in the sembly, propose, utter, publish, and read, minds of the liege subjects of our said lord and cause and procure to be proposed the king, towards and against our said lord uttered, published, and read, to the said the king, and the government of this realm, last mentioned subjects so assembled, as in contempt of our said lord the king and his last aforesaid, divers other scandalous, sedilaws, to the evil example of all others, in the tious, and inflammatory speeches, resolutions, like case offending, and against the peace of and writings, of and concerning the said Comour said lord the king, his crown and dignity. mons House of Parliament, and the govern And the jurors aforesaid, upon their oath ment of this realm; traducing, villifying, and aforesaid, do farther present, that the said defaming the said Commons House of ParHenry Redhead, otherwise Henry Yorke, Jo- liament, and government of this realm, seph Gales, and Richard Davison, so being and representing the people of this realm to such persons as aforesaid, and so contriving be unlawfully oppressed and injured by the and intending as aforesaid, on the seventh government thereof; in contempt of our said day of April, in the thirty-fourth year afore- lord the king and his laws, to the evil example said, and on divers other days and times, as of all others in the like case offending, and well before as after, with force and arms, at against the peace of our said lord the king, Sheffield aforesaid, in the county aforesaid, his crown and dignity. And the jurors aforeunlawfully, maliciously, and seditiously, did said, upon their oath aforesaid, do farther combine, conspire, and confederate with each present that the said Henry Redhead, otherother, and with divers other disaffected and wise Henry Yorke, Joseph Gales, and Richard ill-disposed subjects, whose names are to the Davison, so being such persons as aforesaid, said jurors unknown, to cause and procure and so contriving and intending as aforesaid, divers other subjects of our said lord the king, on the seventh day of April, in the thirtyto a large number (that is to say) to the num- fourth year aforesaid, and on divers other days ber of four thousand and more, to meet and and times, as well before as after, with force assemble themselves together, with intent, and arms, at Sheffield aforesaid, in the and in order that they the said Henry Red- county aforesaid, did unlawfully, malicioushead, otherwise Henry Yorke, Joseph Gales, ly, and seditiously combine, conspire, and and Richard Davison, and the said other con- confederate with each other, and with spirators last mentioned, might utter, propose, divers other disaffected and ill-disposed subpublish, and read, and cause, and procure to jects, whose names are to the said jurors unbe uttered, proposed, published, and read, to known, to break and disturb the peace and the said last mentioned subjects at such as- tranquillity of this realm, and to rise and exsembly, divers other scandalous, seditious, and cite riots, commotions, and tumults therein, inflammatory speeches, resolutions, and writ- amongst the subjects of our said lord the king, ings of and concerning the Commons House and to incite and encourage the said subjects of Parliament, and the government of this to furnish and provide arms and offensive realm, traducing, villifying, and defaming the weapons, for the purpose of more effectually said Commons House of Parliament, and go-raising and carrying on such riots, commovernment of this realm; and representing the people of this realm to be unlawfully oppressed and injured by the government thereof, and night thereby irritate and inflame the minds of the said last mentioned subjects, against the said Commons House of parliament and the government of this realm, and excite m the minds of the said last mentioned subjects a spirit of discontent, disaffection, and sedition towards and against our said lord the king, and the government of this realm; and that the said Henry Redhead, otherwise Henry Yorke, Joseph Gales, and Richard Davison, and the said other conspirators last mentioned, in pursuance of the said last mentioned combination and conspiracy, unlawfully, maliciously, and seditiously, did, on the seventh day of April, in the thirty-fourth year

tions, and tumults, in contempt of our said lord the king and his laws, to the evil example of all others, in the like case offending, and against the peace of our said lord the king, his crown, and dignity.

Mr. Law.-May it please your lordship;

Gentlemen of the Jury;-In opening to you the subject of this indictment, I will venture to assume, that you are not wholly unacquainted with the history of your own country during the last three or four years, nor wholly unapprized of the dangerous attempts that have been made, both from within and without, to undermine the government of the country, to spread disaffection and discontent among the minds of his majesty's subjects, and particularly to draw into the disrespect of his majesty's subjects, and strip of its reverence

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