ac veram et debit' obedient' fidelitat' et ligeanc' | quas quilibet subditus dict' Dni. Regis erga ipsum Daum. Regem gereret et de jure gerere tenetur penitus subtrahen. post vicesim' quintu' diem Martii Anno Dom. Milles. septingent' imo sexto scil❜t Decimo die Junii Anno Regni dict' Dni. Regis nunc Quinto apud London videl't in paroch' scti. Bothi extra Aldersgate in Warda de Aldersgate in London predict' in quodam falso et proditor. libello quem ipse predict' Joh'es Matthews adtunc et ibid. malitiose advisate et proditor' Impressit Intitulat. "Ex ore tuo te Judico, Vox Populi Vox Dei," de et concernen. persona in vita Jacobi se'di nuper Regis Anglie &c. pretend' esse Princip' Wallie et post dicti nup. Regis decessum pretenden' esse et suscipien' sup' se stilum et tit'lum Regis Anglie per nomen Jacobi tertii ac de et concernen' Jure ad Coron' Anglie, &c. pretend. esse Princip. Wallie et post dict' nup. Regis decessu. p'tenden. esse suscipien. sup. se stilum et titlum Regis Anglie per no'en Jacobi tertii Innuendo) to make us happy.' Et in altera parte inde in his Anglicanis verbis videlt. I' (seipm' Joh'em Matthews Innuendo)' will conclude with three remarks. First, that every assertor of hereditary right' (Jus Hereditarium ad Coron. hujus Regni Innuendo) must be a Jacobite,' (Fautor persons in vita Jacobi sc'di nup. Regis Anglie, &c. p'tens. esse Princip. Wallie et post dict' nup. Regis decessu. p'tenden. esse et suscipien. sup. se stilum et tit'lum Regis Anglie per no'en Jacobi tertii Innuendo.) Secondly, every Whig who makes Vox Populi his rule of government must be so,' (Innuendo Jacobit. Anglice, a Jacobite.) " Thirdly, every assertor of limited monarchy must be Magne Britannie malitiose advisate directe et so,' (Innuendo Jacobit. Anglice, a Jacobite.) proditorie per prædict' Impression' declaravit The Chevalier' (dictam personam in vita Jamanutenuit et affirmavit scii't in una parte inde cobi sc'di nup. Regis Anglie, &c. p'tend' esse in his Anglicanis verbis sequent' videl't From Princip' Wallie et post dict' nup. Regis decesthe solemnity of the Chevalier's' (personam sum p'tenden' esse et suscipien. sup. se stilum in vita Jacobi secundi nup' Regis Anglie &c. et titlum Regis Anglie per no'en Jacobi 'tii Inpreten' esse Princip' Wallie et post dict' nup' nuendo) being endowed with all princely virRegis decessum pretenden' esse et suscipien' tues; so that all rights'* (omnia Jur. ad sup' se stilum et tit'lum Regis Anglie per no'en Coron. hujus rni' Innuendo) concur in him,' Jacobi tertii Innuendo) birth, the moral im- (dictam p'son. in vita Jacobi sc'di nup. Regis possibility of putting an impostor on the Anglie, &c. p'tens esse Princip' Wallie et post nation' (Regnum Magne Brittanie Innuendo) dict' nup. Regis decessum p'tenden. esse et after the manner pretended, and the disap- suscipien. sup. se stilum et tit'lum Regis An⚫pointment in the attempt of proving him' (dic-glie per no'en Jacobi 'tii Innuendo) contra Litam personam in vita Jacobi secundi nup' geanc' sue debit' contra pacem dict' D'ni ReRegis Anglie &c. pretend' esse Princip' Wallie gis nunc Coron, et Dignitat. suas, necnon conet post dict' nup' Regis decessum p'tenden' tra formam Statuti in hujusmodi casu nup. esse et suscipiens sup. se stilum et tit'lum Regis edit, et provis. Et Jur. predict, sup. Sacram' Anglie per no'en Jacobi tertii Innuendo) so, l' suum predict' ulterius p'sentant. qd. predict' (seipsum Joh'em Matthews Innuendo) think Joh'es Matthews timor Dei in Corde suo non it is demonstration, if hereditary right beh'ens nec debit' Ligeanc' sue ponderans sed inany recommendation, he' (dictam personam in vita Jacobi sedi' nup' Regis Anglie &c. p'tens' esse Princip' Wallie et post dict' nup. decessu' p'tenden. esse et suscipien' sup. se stilum et til'lum Regis Anglie per no'en Jacobi tertii Innuendo) hath that' (Jus hereditarium ad Coron. hujus Regni Innuendo) to plead in his favour; and all assertors of limited • monarchy must allow, that ought to be preferred, if the person having it is endowed with other qualities fit to govern. And the great opinion all courts have of this unfortunate 'Prince' (dictam personam in vita Jacobi sedi' nup. Regis Anglie &c. pretenden' esse Princip' Wallie et post dict' nup. Regis decessu' p'tenden. esse et suscipien. sup. se stilum et tit'lum Regis Anglie per no'en Jacobi 'tii Innuendo) virtues shew he' (dictam personam in vita Jacobi sc'di nup. Regis Anglie pretens' esse Princip' Wallie et post dict. nup. Regis decessu' p'tenden. esse et suscipien, sup. se stilum et tit'lum Regis Anglie per no'en Jacobi tertii Innuendo) only wants to be known by 'us' (popul. hujus regni Innuend') to be admired; and that we' (popul. hujus rni. Innuen.) only want the enjoyment of him' (dictam personam in vita Jacobi sedi' nup. Regis stigatione Diabolica mot' et seduct' ut falsus proditor contra dict' D'num Regem nunc supremum verum legalem et indubitat' D'num suum cordialem ainorem et veram et debit' obedienc' fidelitat' et ligeanc' quas quilibet subditus dict. Dm'ni Regis nunc erga ip'm Dominum Regem gereret et de Jure gerere tenetur penitus subtrahens postea et post vicesim. quintum diem Martii Anno Dni mill'imo septingent'imo sexto scil't eodem Decimo die Junii Anno Quinto supradicto apud London predict' in paroch. et warda predict' in quod'm altero f'lo et proditorio libello Intitulat." Ex ore tuo te Judico, Vox Populi Vox Dei," quem ipse predict' Joh'es Matthews adtunc et ibid. malitiose advisate et proditorie impressit malitiose advisate directe et proditor. per Impression' ult. supradictam declaravit manutenuit et affirma * "Rights! He could not have any, supposing him king James's son; (which is not admitted) for his father, under whom he must claim, having broke his coronation oath, trampled on the rights and liberties of his subjects, turned Papist, and abdicated the throne, was very justly set aside by act of parliament." Former Edition. vit qd. persona in vita Jacobi scdi' nup. Regis Anglie, &c. pretens. esse Princip. Wallie et post dict' nup. Regis decessu' p'tenden. esse et suscipien. sup. se stilum et tit'lum Regis Anglie per no'en Jacobi tertii Jus habet ad Coronam Magn. Britannie contra ligeanc' suam debit' contra pacem dict' Dm'ni Regis nup. Coren. et Dignitat. suas necnon contra formam Statut, in hujusmodi Casu nup. edit. et provis." The Crier makes the usual proclamation, O yes, O yes, O yes! If any one can inform my Lords the king's justices, the king's serjeant, the king's attorney general, or this inquest, now to be taken, of the high treason of which the prisoner at the bar stands indicted, let them come forth, and they shall be heard, for now the prisoner stands at the bar upon his deliverance; and all others that are bound by recognizance to give evidence against the prisoner at the bar, let them come forth and give their evidence, or else they forfeit their recognizance: and all jurymen of London, that have appeared, and are not sworn, may depart the Court for this time. Wales, and after the decease of the said late king pretending to be, and taking upon himself, the stile and title of king of England, by the name of James the third) birth, the moral impossibility of putting an impostor on the nation (meaning the kingdom of Great Britain) after the manner pretended, and the disappointment in the attempt of proving him (meaning the said person in the life-time of James the second, late king of England, &c. pretending to be the prince of Wales, and after the decease of the said late king, pretending to be, and taking upon himself, the stile and title of king of England, by the name of James the third) so, I (meaning himself the said John Matthews) think it is demonstration, if hereditary right be any recommendation,† he (meaning the said person in +"This Matthews was a vain, weak, con. ceited young fellow, buoyed up by the Jacobites, and for small lucre printed their treasonable papers, and dispersed them among the ignorant common people-persons of sense despising their nonsensical doctrine of Hereditary Right, &c. Such idle stuff having been long since exploded, every one now seems striving who shall appear most zealous in asserting those principles which brought about the glorious Revolution, and the happy establishment of the present royal family. "Mich. 12 Ann. Bedford's Treatise of Hereditary Right was held to be a libel, though it contained no reflection upon any part of the then government. Strange, vol. 2, p. 789. "Mr. Bedford having been found guilty at Guildhall, London, Feb. 13, 1713, of writing, printing and publishing a scandalous and seditious libel, entitled, The Hereditary Right, &c. the Court, May 4, in Easter term, gave judgment, That he should be fined 1,000 marks, imprisoned for three years without bail or mainprize, and upon his delivery, to be bound in a recognizance with four sufficient sureties in the sum of 5,000l. for his good beha'viour during life; and that upon the next Friday he was to be brought up, and shewn to all 'the Courts sitting in Westminster-hall, with 'a paper in his hat expressing the crime and the judgment, and was committed to the custody of the marshal.'. ་ Clerk of Arraigns. John Matthews, hold up your hand. You of the jury look upon the prisoner, and hearken to his cause: he stands indicted by the name of John Matthews, of London, printer, for that he being a subject of our sovereign lord George, now king of Great Britain, France and Ireland, defender of the faith, &c. not having the fear of God in his heart, nor considering his due allegiance, but being moved and seduced by the instigation of the devil, as a false traitor, against our said lord the now kiug, his supreme, true, lawful and indubitable lord, altogether withdrawing that cordial love and true and due obedience, fidelity and allegiance which every subject of our said lord the king should bear, and, of right, ought to bear towards our said lord the king, after the 25th day of March, in the year of our Lord, 1706, viz. the 10th day of June in the 5th year of the reign of our now said lord the king, at London in the parish of St. Botolph without Aldersgate in the ward of Aldersgate at London aforesaid, in a certain false and treasonable libel, which he the said John Matthews then and there maliciously, advisedly and traitor- Upon Friday, Mr. Kettleby (one of the deously printed, intitled, "Ex ore tuo te Judico, fendant's counsel) moved the Court upon a pa Vox Populi Vox Dei," of and concerning the per which was delivered in and read; it was person in the life-time of James the second, under the privy seal signed by her majesty, and late king of England, &c. pretending to be the directed to the lord chief justice, the justices of prince of Wales, and after the decease of the the Court, the sheriffs of London and Middlesaid late king, pretending to be, and taking sex, and marshal of the Queen's-bench, and upon himself, the stile and title of king of Eng-imported a recital of the conviction and judg land, by the name of James the third; and of ment; and that Mr. Bedford had humbly reand concerning his right to the crown of Great presented to her majesty by petition, That be Britain, he did maliciously, advisedly, directly was a clergyman of the Church of England, and traitorously, by the said printing, declare, and prayed, that the ignominious part of the maintain and affirm, in one part thereof, in sentence might be remitted; These are therethese words following, viz. "From the solem-fore to require you, and every of you, not to nity of the chevalier's (meaning the person input in execution that part of the judgment the life-time of James the second, late king of which is, that he be brought to the Courts in England, &c. pretending to be the prince of Westminster-hall, &c. and for so doing this 1529] for High Treason. the lifetime of James the second, late king of England, &c. pretending to be the prince of Wales, and after the decease of the said late king pretending to be, and taking upon himself the stile and title of king of England, by the name of James the third) has that (meaning an hereditary right to the crown of this kingdom) to plead in his favour; and all assertors of limited monarchy must allow that ought to be preferred, if the person having it is endowed with other qualities fit to govern. And the great opinion all courts have of this prince's (meaning the said person in the lifetime of James the second, late king of Eng- | land, &c. pretending to be the prince of Wales and after the decease of the said late king pretending to be, and taking upon himself the stile and title of king of England, by the name of James the third) virtues, shews he (meaning the said person in the lifetime of James the second, late king of England, &c. pretending to be the prince of Wales, and after the decease of the said late king pretending to be, and taking upon himself the stile and title of king of England, by the name of James the third) only wants to be known by us (meaning the people of this kingdom) to be admired.* • shall be warrant.' sufficient of your, and your, every "The Court immediately made a rule to discharge the marshal of his attendance with him that day, and said they would consider how the judgment ought to be entered upon. Gilbert's Cases, 297. "This Mr. Bedford (formerly rector of Wickering, in the diocese of Peterborough, and fellow of St. John's, Cambridge,) was a Nonjuring clergyman, and though convicted as above, was thonght to have had little or no hand in writing the book, he not being esteemed equal to the performance. It was supposed to have been wrote by Mr. Harbin, a Nonjuror, (a west country gentleman) who had been formerly chaplain in the old lord Weymouth's family. The preface to it was said to be wrote by Mr. Downes, a Nonjuror, of Baliol College at Oxford. It is imagined they had the perusal of lord Hales's MSS. of the Pleas of the Crown, by the passages they have taken from thence. Those obnoxious passages were omitted by Mr. Emlyn, when he published that work, by the advice of two great men in the law. "Mr. Bedford, by not discovering the au thor, &c. was a great gainer in the end; for setting up a boarding-house near Westminsterschool, for young gentlemen, by the help of the above persons, and others of that party, he got a considerable fortune; which he left to his son, Dr. Bedford, a physician in London, who died a few years ago."-Former Edition. See mention of Bedford in Mr. Lechmere's Speech January 9, 1716, on the impeachment of the Scots' lords, p. 762, of this volume. "Only wants to be known by us to be admired. The more he was known in Scotland, VOL. XV. | And that we (meaning the people of this king- in the year 1715, the more he was despised ; 4Q 1 devil, as a false traitor, against our said lord the now king, his supreme, lawful, and indu bitable lord, altogether withdrawing that cor dial love, and true and due obedience, fidelity and allegiance, which every subject of our said lord the king should, and of right ought to bear towards our said lord the king, after the 25th of March, in the year of our Lord 1706, (to wit, the 10th day of June, in the 5th year of his present majesty's reign, at London, in the the instigation of the devil, as a false traitor, against our said lord the now king, his supreme, true, lawful, and indubitable lord, altogether withdrawing that cordial love, and true and due obedience, fidelity and allegiance, which every subject of our said lord the now king, towards our said lord the king should bear, and of right onght to bear, afterwards and after the 25th day of March, in the year of our Lord 1706. to wit, the same 10th day of June, in the fifth year aforesaid, at London aforesaid, in the pa-parish of St. Botolph, without Aldersgate, is rish and ward aforesaid, in a certain other false and traitorous libel, entitled, "Ex ore tuo te judico, Vox Populi Vox Dei," which the said John Matthews, then and there maliciously, advisedly, and traitorously printed; and by the last abovesaid printing, maliciously, advisedly, and traitorously did declare, maintain and affirm, that the person in the lifetime of James the second, late king of England, &c. pretending to be the prince of Wales, and after the decease of the said late king pretending to be, and taking upon himself the stile and title of king of England, by the name of James the third, bath a right to the crown of Great Britain, against his due allegiance, against the peace of our said lord the now king, his crown and dignity, and also against the form of the statute in such case made and provided. How sayest thou, John Matthews, art thou Guilty of this Indictment whereof thou standest indicted, or Not Guilty?-Prisoner. Not Guilty. Clerk of Arraigns. How wilt thou be tried? Pris. By God and my Country. Cl. of Arr. God send thee a good deliver ance. Foreman of the Jury. My lord, we humbly pray the Court may be kept quiet, or it will be impossible for us to hear the evidence. Lord Chief Justice. Officer, make proclamation for silence. Crier. O Yes, O Yes, O Yes! My lords the king's justices strictly charge and command all manner of persons to keep silence, upon pain of imprisonment. L. C. J. Gentlemen of the king's counsel, you may proceed. Mr. Bootle (afterwards sir Thomas Bootle). May it please your lordship, and you gentlemen of the jury, I am counsel in this case for the king. The prisoner at the bar stands indicted of high-treason, upon the statute made in the 6th year of the late queen Anne's reign, and it is for maliciously, advisedly, and directly, by printing, declaring, and affirming, that the Pretender hath a right and title to the crown of these realms.* My lord, the Indictment sets forth, that he being a subject of our sovereign lord George, now king of Great Britain, France, and Ireland, not having the fear of God in his heart, nor considering his due allegiance, but being moved and seduced by the instigation of the * See Leach's Hawkins's Pleas of the Cr. book 1, c. 17, § 108. the ward of Aldersgate, at London aforesaid, in a certain false and treasonable libel, which he then and there maliciously, advisedly, and trai torously printed, entitled, " Ex ore tuo te judico, Vox Populi, Vox Dei," of and concerning the person in the life-time of king James the 2nd, late king of England, &c. pretending to be the prince of Wales, and after the decease of the said late king pretending to be, and taking upon himself the stile and title of king of Eng land, by the name of James the Srd, and of and concerning his right to the crown of Great Britain, he did maliciously, advisedly, directly, and traitorously, by the said printing, declare, maintain, and affirm, in one part thereof in these words, "From the solemnity of the Chevalier's (meaning the Pretender's) birth, the moral impossibility of putting an impostor upon the na tion, (meaning the kingdom of Great Britain), after the manner pretended, and the disappoint ment in the attempt of proving him so, I (meaning himself the said John Matthews) think its demonstration, if hereditary right be any recommendation, he (meaning the Pretender) hath that (meaning an hereditary right to the crown of this kingdom), to plead in his favour; and all assertors of limited monarchy must allow, that ought to be preferred, if the person having it is endowed with other quali ties fit to govern. And the great opinion all courts have of this prince's (meaning the Pretender's) virtues, shews he (meaning the Pretender) only wants to be known by us to be admired, and that we (meaning the people of England) only want the enjoyment of him to make us happy." My lord, there is laid to be likewise in another part of this libel, that he did maliciously, advisedly, and traitorously, by the said printing, declare, maintain, and affirm, in these words following, viz. "I (meaning himself the said John Matthews) will conclude with these remarks. First, That every assertor of here. ditary right (meaning hereditary right to the crown of this kingdom) must be a Jacobite (meaning a favourer of the Pretender). 2dly, That every Whig who makes "Vox Populi" his rule of government, must be so (meaning a Jacobite). And, 3dly, Every assertor of limited monarchy must be so, (meaning a 'Jaco bite), the Chevalier (meaning the Pretender) being endowed with all princely virtues; so that all rights (meaning all rights to the crown Pretender)." This is laid to be contrary to his of this kingdom) concur in him (meaning the allegiance, against the peace of our sovereign lord the king that now is, his crown and dignity, and also against the form of the statute in that case made provided. "An "An Act declaring the Rights and Liberties of Gentlemen, the Indictment further sets forth, That the defendant, as a false traitor against our said lord the now king, his supreme, lawful, and indubitable lord, altogether withdrawing that cordial love, and true and due obedience, fidelity and allegiance, which every subject of our said lord the now king, towards our said lord the king, should and of right ought to bear, afterwards and after the 25th of March, in the year of our Lord 1706 (to wit), the same 10th day of June, in the 5th year aforesaid, at London, in the parish and ward aforesaid, in another false and traitorous libel, entitled, "Ex ore tuo te judico, Vox Populi Vox Dei," which he the said John Matthews then and there maliciously, advisedly, and traitorously printed, and by the last above-high-treason." said printing, maliciously, advisedly, and traitorously did declare, maintain, and affirm, that the Pretender hath a right to the erown of Great Britain; and this is laid to be contrary to his allegiance, against the peace of our said lord the now king, his crown and dignity, and also against the form of the statute in that case made and provided. To this, gentlemen, the prisoner hath pleaded Not Guilty; we on the part of the prosecution shall call our witnesses to prove the facts, and if we do, I do not doubt you will think it your duty to find him Guilty. Gentlemen, the facts that are enumerated in this clause of the statute I have read to you; at the time when this law was made, those crimes, though crimes of a very high nature, yet were crimes of a lower degree, as misde. meanors, &c. But for the security of the person of the late queen and her government, and for the securing of the succession to the crown in the Protestant line, the wisdom of parliament thought it necessary, to deter people from such crimes, to inflict the punishment due for hightreason. The charge of this Indictment read to declare, maintain, and affirm, that the person described by the act of parliament to be the pretended prince of Wales, had a right to the crown of these realms. you, is one of those several instances made high-treason by this act. The substance of Att. Gen. (Mr. Lechmere, afterwards lord the Indictment is, that the prisoner, the 10th Lechmere). My lord, and you gentlemen of of June last, did maliciously, advisedly, and the jury. The Indictment which hath been directly, in a certain libel, entitled, "Ex ore opened to you, is an Indictment against John tuo te judico, Vox Populi Vox Dei," which he Matthews, the person at the bar, for high-caused to be printed, he did by that impression treason. This Indictment is founded upon an Act of Parliament made in the 6th year of the late queen, the title of it is, "An Act for the Security of her Majesty's Person and Government, and of the Succession to the Crown of Great Britain in the Protestant Line." This act recites, there had been a former act, made in the 4th year of the reign of her then present majesty, in which it is mentioned, by reason of the Union of England and Scotland, it became necessary to make divers alterations in that act. The first provision made by this law is in these words, that if any person or persons shall maliciously, advisedly, and directly, by writing or printing, maintain and affirm, that our sovereigu lady the queen that now is, is not the lawful and rightful queen of these realms, or that the pretended prince of Wales, who now stiles himself king of Great Britain, or king of England, by the name of James the 3rd, or king of Scotland by the name of James the 8th, hath any right or title to the crown of these realms; or that any person or persons hath or have any right or title to the same, otherwise than according to an act of parliament made in England, in the first year of the reign of their late majesties king William and queen Mary, of ever blessed and glorious memory, entitled, Gentlemen, the words taken out of the libel have been read to you, and stated to you upon the opening of the Indictment, and I be. lieve no doubt or question arises upon the proper construction of those words, but the prisoner is Guilty of high-treason.-The Chevalier, the name made use of to describe the person, the circumstance by which he is described, are of such notorious a kind, so well known, that it is impossible for any one not to understand them of the person described in the act of parlia ment. The law directs, that to involve any person in the crime of high treason, that the writing with which he is charged, should be a direct declaring, maintaining, and affirming : this is what the law prescribes. In the first sett of words, it is not a bare assertion only, but the very words are, that it is a demonstration, that if hereditary right be any recommendation, he hath that to plead in his favour, This is as strong an instance, and as full and clear affirming as words can invent. In the latter part, by way of conclusion from the arguments of his books, he there affirms, all |