not the chief magistrate, but the second in the executive government of a country. Gentlemen, before I bring his words, this is my opinion of the work, and which I humbly offer to your consideration and adoption; he says his intention appears evidently to be, to convince the people of Great Britain, that they have neither liberty nor constitution; and there is no possible means to produce these effects to themselves so easy, as that where persons governed, follow implicitly the conduct of the French.'The next passage is this, Mr. Paine cuts the Gordian knot, and at once compares parliament, &c. to the words, the champion of the revolution, (I take this to be Adam's answer,) I shall therefore now proceed to examine the reasons, and so it goes on.

Now, gentlemen, with your permission, I shall adopt his words; When Mr. Paine invited the people of England, &c. to the words, with which he must be hereditary,'-So much for the passages and the interpretation, which I submit, gentlemen, humbly to your consideration. The next matter, gentlemen, on which I shall proceed, is the evidence which I propose to address you to; and that evidence will go to shew, not only the fact of this man's being the writer of the book, by his own repeated admission, and, by letters under his hand; but to shew what his intention was. I shall also produce to you a letter which this gentleman was pleased to address to myself, in which letter he avows himself in so many words the author. I shall prove his hand-writing; I shall prove the intention with which this book was written, namely, to vilify this constitution, and injure the nation. I have another letter addressed to a person of the name of Jordan, the publisher of this book."

Here the Attorney-General produced a letter addressed by Mr. Paine to Mr. Jordan, with another which was inclosed

closed in it. In the latter he avowed himself the author of the book. The Attorney-General also produced another letter, written in very intemperate language. This letter was dated, Paris, 11th November, and addressed by Mr. Paine to the Attorney-General himself, requesting him, if the prosecution went on against him, to read the letter in the court; which having done, he then proceeded:

if

any

Gentlemen, I have complied with this request, I am practising it, and if I succeed he shall never return to this country, for I will outlaw him.' He then goes on: But I shall offer reasons for writing this letter, &c.' In this situation, gentlemen, I will only say this, that I think Mr. PAINE does not judge very well of mankind. I do not think that this is a fair conclusion in Mr. PAINE, that men who are quiet, in obedience to the laws of the country, decently, and I hope with a moderate share of reputation, I do not think that a considerate man of that sort is just a very likely man to be thrown off the hinges; but, of these assassins are here, or in London, and there is really some doubt with some people on that subject; I, for one, think, gentlemen, that a man's dying in discharge of his duty is just as good a way of dying, as dying of a raging fever, or in a fit of the gout or stone. He says, the government of England is a great if not the greatest production of fraud and corruption that ever took place in any government,' and that he who does not observe it is blind. Upon my word, gentlemen, I am stone-blind then. But though you may not chuse to see it, &c.' Now, gentlemen, this is contemptuous, scandalous, false, prostitute, profligate. Why, gentlemen, is Mr. PAINE, in addition to the political doctrines that he is teaching us in this country, is he to teach us impeccability-is he to teach us human creatures, whose momentary existence depends

5

depends on a Being merciful, long-suffering, and of great goodness, that those errors, from which even royalty is not excepted, are to be detailed at great length, and are all to be mentioned in language shocking for British ears to hear, and I am sure disgusting to their hearts? No man that is not a barbarian and a beast, would wish to destroy that great security of all human laws and constitutions, the Christian religion. Gentlemen, there is not, perhaps, in the world, a better rule to judge by in domestic matters. A family is a small kingdom; a kingdom is a large family. Judge for yourselves, gentlemen, of the good heart of this man, who thrusts into my hands, who am, if not an useful at least a grateful servant of a kind master, the slander of that master, and the slander of his children; what will be your verdict with respect to his heart? He says, 'I observe to you as one man ought to speak to another;' does he speak of him and his family as one man should to another? and I should have forgot my duty to that master, if I forgot to prosecute him as a violator of the law of the land. He says, I know, also I speak, what people feel, that you cannot obtain a verdict; and, if you do, it will signify nothing, without packing a jury—and we both know that such facts are practised.' Gentlemen, he says, I have gone into coffee-houses and ale-houses, where I was unknown, and where there is a currency of opinion, and I never yet saw any company of twelve men that condemned the book, but a greater number than twelve approving it. Now, gentlemen, whether the sense of the nation is to be taken from the opinions of pot-houses and ale-houses, you are to judge. Gentlemen, I will give you a thousand guesses to judge of his motive; but he says, it is from benevolence: he further says, I desire you will read this letter in court.' Gentlemen, I have done so; after which the judge and the jury may

do

do as they please." He says I would have published the information, with remarks upon it: but I now will wait till the trial is over, and then I will make some observations. I hope in God, gentlemen, he will not omit one single word that I have said this day. At present I do not think I need trouble you any farther. I can have but one opinion, which is, that the mischievous tendency of this book is that which I have taken the liberty to enlarge upon, and that such will be your verdict. However I have done my duty, in bringing before you an offender of this sort. Be the event what it may, I am satisfied in having placed the public under the shield of your protection."

The court then proceeded to the examination of witnesses, which being closed;

Mr. ERSKINE (now Lord ERSKINE) delivered the following speech in defence of Mr. PAINE.

"Gentlemen of the Jury,

"The attorney-general in that part of his address to you which arose from the communication of the letter written to him from France, did not appear at all to play the actor; when he exhibited, most undoubtedly, signs of great sensibility and emotion, he spoke, I am persuaded, as his feelings dictated. With respect to his situation in receiving that letter, and feeling it as his duty to present it before you, gentlemen, if his embarrassment were that which he expressed, and that which he felt, what do you think mine must be ?-And, gentlemen, as I am persuaded my learned friend, for we have known one another from our childhood, does not consider me as bereft of those feelings which belong to the human mind when it is well cultivated, though I do not possess them, I am persuaded, in the degree he has the means to feel them; yet, I trust my friend is not unsusceptible of such sensations. He speaks, as he can only speak, as a subject of a sove

reign, whose high situation removes him too far from his subjects to have any other affections than those that grow from his great situation in society. You will remember, gentlemen, that I stand in the same situation towards another great personage, who is implicated in that which I am ready to admit to you is a gross and scandalous libel, and that that is the most improper part of the letter which has been read, though I stand in a different relation. Besides the duty I owe to that prince to whom I am a servant, I owe to him and feel for him that affection which he demands as a man: but that shall not detach me from the duty which I conceive belongs to my present situation. I stand here, gentlemen, to do that, which if were not done by me, the author of this book, if in your eyes he is criminal for detracting as he has done from the English constitution, he would have ample ground for that detraction, for an impartial trial is one of the fruits we all hope is derived from that constitution under which we live, and from which we derive so many benefits. It would appear, I am persuaded, a blur and a blot upon that constitution, if a man, standing upon his trial, could say he could not be defended.

"I confess, gentlemen, I should have been glad if I had had an earlier opportunity of knowing correctly the contents of that letter. I should have been very glad if I could have had a more early opportunity also of knowing, which I do not admit at present, that it was genuine and authentic because I know not only the impression which such a letter must make upon gentlemen's minds who are the jury to try the cause, but, as far as nature is able to struggle against any difficulties thrown in, and with my duty to my client, I will exert it in the best manner I am able. I confess I cannot help thinking it would be a great advantage to the public, if the Attorney-General is right in his comments upon the book, that by the law of England the

book