ing INUENDOES, by which fome ftretching lawyers might even turn the holy fcriptures into libels and flanders. As no man can or ought (by any authority whatever) be punishable for what he doth not know to be a crime, fo no man fhould have power, or be encouraged to conftrue any word Spoken or printed, as criminal, by any law criticifm, but what are really and abfolutely fuch; for if this is allowed, there must be a final ftop put to any productions of the prefs, fince the most innocent and most unmeaning words may be tortured into crimes.

I

The Tribune of the People,

On juries. By the fame.

F we reflect on the manner of trying not only civil but criminal caufes, in the neighbouring countries, we fhall have reafon to rejoice that we inhabit this. In France, a man fufpected of a crime, is taken and committed to prifon, his procefs (as they call it) is ordered to be carried on, witneffes are interrogated out of his fight, the depofitions reduced to writing, and the criminal is examined on thofe depofitions; if he doth not confefs his crime, perhaps the witneffes are confronted with him; if he still denies, he is put to the torture to extort a confeffion; and though he may have ftrength to refift the most excruciating torments, yet, as the accufers are generally believed before the accufed, he is pronounced to be contumacious; and though the law cannot adjudge a man to death there, unless he confeffes his crime, yet he is fentenced to the gallies, and as soon as his mangled limbs have got any ftrength, he is fent thither to drag out a wretched life.

But here, on the contrary, my countrymen, let us rejoice, not only in the mildnefs but the equity

of

of that law, which allows every man a trial by his equals; twelve impartial men are fworn to dif charge their confciences between man and man; and a person can never fuffer unjustly, unless a fet of men, leagued together by perjury, deceive a jury, by fwearing things that are falfe, with fuch appearance of truth, that man, who can only judge by appearances, and can know the hearts of men only by their fpeeches, cannot but fuppofe the accufed to be guilty; yet, after all, fuch is the difference of our mild laws, from thofe of other nations, that the condemned have often here as many weeks before the execution of their fentence, as they have hours in other countries; and thereby give time for an application to a fovereign's mercy: thus mild are our criminal laws, and thus equitable is the manner of our trials; and that great palladium of English liberty can never be destroyed, without fubverting the whole conftitution; every attempt thereto is a manifest attack on liberty, and ought to be guarded against with the utmost intrepidity and caution.

În former reigns, attempts have been made to take away, or at least render useless, this darling privilege the ftar-chamber was a moft daring infult, and lafted longer than almost could be believed; yet at laft the genius of liberty roufed her fons, and it was forced to be abolished. The next endeavour to overthrow our liberties, by means of what was intended to preferve them, was, by packing of juries, not allowing the prifoner to make his legal challenges, and by brow-beating, terrifying, and ftarving into compliance, fuch juries as were not fufficiently pliable to court judges. This was often practifed in the reigns of Charles the fecond, and James the fecond. In those days of oppreffion, judges have been heard to tell a jury, you fhall find fuch a verdict, or you shall

ftarve for it; and even when they have refifted ali corruptions, and braved all menaces, and done their duties, unawed by the frowns of power, they were feverely fined.

Such steps led on to the revolution, by which our liberties were once again fecured, and O my fellow fubjects! may we never fee again that day that an English jury fhall be abolished; or what may be as bad, may be ordered by any judge whatever what verdict to find. May we never fee the bench of justice profaned by any man, who can fhow the leaft partiality between criminal and accufer, plaintiff or defendant. Should ever fuch a man arife in future times, who (not confidering he is the real counsellor of the accufed or oppreffed) fhould be warped by any unmanly prejudices of either party, country, or religion; then may our pofterity remember they defcended from free Britons, and boldly ftand in the gap; remember they are JURYMEN, and give that verdict, they can anfwer in a place where no party, no country, no ftatefman, no judge, no king, can opprefs or punish for a strict adherence to privilege and justice.

I cannot quit this fubject without obferving, that in all faults or infringements of the laws, which a man may or can commit, a man muft be adjudged by his peers, except an infraction of the excife laws. In that court, they are accufers, parties and judges altogether. I hope no bad ufe has been made of that almoft boundlefs power; and I equally hope, that no man may be fo unhappy as to put that power to a trial; yet fince it is the only exemption of our greatly boafted liberties, I cannot help looking upon every extenfion of excife power, as a step towards abolishing juries.

Already moft of the neceffaries of life are excifed, already the penal claufes are fo numerous, that a man must almoft neceffarily be at the expence of

fome

fome pounds, only to know whether he is guilty of a breach of the laws, or not. Already our manufactures are fubject to the infpection of a fet of fpies and informers, whofe profit it is to find a fault, and who rejoice at efpying even an error. Who knows what may one day happen? Who knows but debts may be excifed, wills, letters of attorney, deeds of gift, leafes, and all conveyances, may, in fome future time, be made fubject to that formidable tribunal; and, in fine, who knows but even felony may be excifed; then adieu to juries, then adieu to liberty. A bad minifter hath nothing to do then, but to be fure of the commiflioners; and woe be to any man bold enough to write or speak in defence of his once free country, fince future Empfoms, and future Dudleys, may then arife, whofe arts could easily bring whoever is obnoxious to the minister, to an undeserved punishment; and they could then, with impunity, commit the crueleft of all murders, and that under the mask of juftice, and in form of law.

The TRIBUNE'S ORATION to the PEOPLE.

Friends! countrymen! fellow-citizens !

COULD with that I had the fullest power

I to to

eloquence, to make what my heart feels to fink deep into your minds; but, fince nature hath denied me the force of a Demofthenes or a Cicero, accept my artlefs endeavours for the general good.

It is believed by many, that the LIBERTY OF THE PRESS will be attempted to be taken away: it is therefore time to fpeak; it is therefore proper that your TRIBUNE fhould lay before you the confequences that must, and will, naturally ensue from fuch a step. Some may perhaps fay, that that fear is groundless; or, that the day may be far off.

To

To the firit I answer, that the liberties of the people fhould be like Cæfar's wife, not only unspotted, but even unfufpected of an attaint. To the latter, that though we were fure (which we are far from being) that the prefs would not fall under the power of a licenfer till our tenth or twentieth generation, yet fhould we not ftand tame now, but tranfmit to lateft pofterity, that they had ancestors who ftruggled to preserve their children's freedom; and handed down their curfes upon the caitiff, who, by vilely attempting fuch a pernicious fcheme of tyranny, fhould commit fo daring a TREASON against the MAJESTY of the PEOPLE.

Reftraint!-what reftrictions would men have? Are there not already a number of laws which extend their penal gripes on every thing that is, that can be deemed, or even that can be ftrained into licentioufness of the prefs? What more can be wanted? Would they wish to bring again the times of cutting off the band of a Stubbs, the ears and nofe of a Leighton, or the merciless treatment of a Prynne, a Baftwick, &c. Are not pillories, fines, and years of imprisonment, deemed fufficient reftraints, but MORE must be attempted? Thefe the law is already poffeffed of; and can MORE be required? Can MORE be neceffary? No, my countrymen ! already the prefs hath too many restrictions: already the free difcuffion of many important points is much contracted already the times are fuch, that if an erroneous ftep is taken by any overgrown company; if even one of the largest proprietors fhould advife or animadvert in print, they will cry out, it is a reflection on the honourable or worshipful board, and they will profecute for it; though the SouthSea directors in 1720, and the memorable charitable corporation, ftill remain fresh in the public memory; though diftreffed families yet mourn that fatal period; and the cries of the prifoner, the