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Gentlemen, this Mr. Harrington, this low blackguard, this murderer of princes, this blood-stained ruffian, is descended (you will see it for six-pence at the Herald's office) from eight dukes, three marquisses, seven earls, twentyseven baronets, thirty-six barons, of which number sixteen were knights of the garter. If this cause was tried in Germany instead of England, (I have a right to be heard,) what was he? Besides, he lived in the reign of Charles I. Oh brutal ignorance of the history of this country And this is his most affectionate servant: and it is observed he was a republican, by what the historian says. Toland says, I cannot too much boast of the man, the king's favourite: I know not which most to commend, the king for trusting an honest man, though of republican principles, or Harrington for owning his principles while he served the king. How did he serve him? May all men who profess monarchy so serve their monarchs! He staid with him in the Isle of Wight, to watch the fortune of his royal master; he came up by stealth; he hid himself in the boot of the coach, to take a last farewell of him, and fell into his arms; and afterwards fainted on the scaffold, at the feet of his expiring master. After the death of Charles, he wrote his famous Oceana; and after paying tribute to a virtuous and unfortunate master, he contended it was not Charles I. that brought on his own death, but the evil nature of monarchies.

"Gentlemen, then it was the seizure of books began by that tyrant Cromwell; and you first begin to learn what a wise man Cromwell was. Harrington begged his book from Cromwell's favorite daughter; and seeing her infant at her side, he snatched it up in his arms and ran away. Alarmed for its fate, the mother followed him. Said he, I have taken your child, and I know what you

feel

feel for its loss; your father has got my child'-meaning his publication. I restore to you your child-supplicate your father to restore mine.' The daughter petitioned her father, and Cromwell yielded. Says he, I will give it you; for, if my government is made to stand, it will never be hurt by this paper-shot.' Nor will any government, as Milton says. Let another man read it; let him answer it-that is, another way; let him do as Mr. Adams did. I contend, that out of a coalition of writers truth is to come. I do not quarrel with Mr. Adams for writing his opinions; so said a celebrated person, who was an ornament to his country, the president Montesquieu. Says he, It is not material, in a free country, how men reason: the coalition of reasoning brings forth the truth, and that truth is the basis of the best and surest government, as long as people are capable of knowing its value.' Gentlemen, let me then address you in, I think, language the most affectionate it is pos sible to hear, here or any where; an extract from the same author I mentioned before, where he raises at once, in that sublime and glorious manner of writing and thinking, so peculiar to that poet, Milton; a man-how shall I describe him?-No copier of any thing that is human; he looked up to that sublime source, as he describes it, the universal God and father of the world, who, as he expresses it, is the source of all wisdom, and who sendeth out his sun, and touches with the hallowed fire of his altar, those lips which he pleases to inspire. Methinks I see it so; I think I see not the distinction of the English constitution;-but I think I see what Milton thought he then saw; but which unfortunately never came to pass. The country is, forsooth, in danger by the publication of a sixpenny pamphlet, but the auspices of the greatest statesman are eminently so; a man whom

to

to name is to honor and admire; a man whom no history can shew a greater, nor any private acquaintance more dear; a man who is loved with the affection of a friend; a man who put to its hazard his ease and darling popularity, for the benefit of the people of the land; that he was born by his mighty talents to cultivate and reduce to order. This is the character given to Mr. Fox by Mr. Burke; and this is the man with whom, says he, I have lived in the greatest friendship, and whom, I may say, I have lived to see treated in the manner I have unfortunately witnessed.

"Gentlemen, I have but a few words more to trou ble you with, if you will have the goodness to hear me ; and that is this: I wish that this man may be judged of by you in the manner I have been proposing; that all this freedom, though it is not any other freedom than belongs to the constitution of the country. Remember, I am not asking the verdict for him, on any other institution than the law of England. I am not desiring your decision on any other constitution. The policy of Great Britain is not to have a jealousy over her subjects, to know what is for the benefit of the whole community. The subjects of England are affected to whatever is right and honest; and let reason be reason, let truth and falsehood oppose and fight one another, but it is better to pursue this course with respect to Englishmen which was proposed by Lord Chatham. Do not think they are to be bent to your purpose by a froward conduct.

Be to their faults a little blind;
Be to their virtues very kind :
Let all their thoughts be unconfin'd,
And clap your padlock on their mind.

"Do

"Do not limit their conception; and do not imagine with the Attorney-General, that they are to be led away either by argument, or by sarcasm: but it is to operate by degrees, it is to engage their affections, convince their reason, and they will be loyal from the only principle that can make loyalty sincere, vigorous, or rational; a conviction which will operate by degrees, that is, their truest interest, and that their form of government is for their common good: constraint is the natural parent of resistance, and this doctrine is by no means novel. In all histories of former times, it has always been express and convincing, that where one side has been tyrannical, the other side, that was in opposition to it, has been refractory: on the other hand, all nations have considered the contrary, even as long ago as Lucian. You all remember, gentlemen, the pleasant story in that fable of his, respecting the countryman and Jupiter; they were conversing with great freedom and familiarity on the subjects of heaven and earth; the countryman listened with great attention, and acquiesced in the conversation so long as Jupiter tried only to convince him by reason and argument; but the countryman happening to hint a doubt as to the truth and propriety of something which Jupiter had advanced, he instantly turned round and threatened him with his thunder.

No,' says the countryman, if you up with your thunder, I believe you are in the wrong; you are always wrong when you appeal to your thunder; as long as you have reason on your side, I believe you may be right, but I cannot fight against thunder.' So, Gentlemen, I cannot fight against the voice of the people of England; and God forbid I should! I am an obedient subject and servant of the law-to that rule of action I shall ever give my voice, opinion, and conduct. You may condemn my conduct, but I shall ever do as I have been

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doing to-day; I hope, with confidence, that I am not transgressing those rules in doing the duties of my situation, which are accidentally cast upon me."

Notwithstanding this very ingenious and elaborate defence of Mr. PAINE by Mr. Erskine, the jury imme diately gave their verdict, GUILTY,

DEFENCE of JOHN HORNE, Esq. on an information against him in the court of King's Bench, by the ATTORNEYGENERAL, for a libel, 4th of July, 1777, at Guildhall in the city of London, before Lord MANSFIELD and a Special jury.

"Gentlemen of the Jury,

"I am much happier, gentlemen, in addressing my self to you, and I hope and believe I shall be much more fortunate as well as happy, than in addressing myself to the judge. I have been betrayed, gentlemen, I hope, into no unseemly warmth; but yet into some warmth. I have felt myself like a man first put into hot water; but I have now been long enough in it to be perfectly cool. And, gentlemen, some small allowances might have been made for me by my judge who presides upon this cause, when he considers the peculiar disadvantages in which I stand here before him. Gentlemen, I am an absolute novice in these matters; and yet opposed to gentlemen, some of the most eminent in their profession, and some of the most conversant in practice. But that is not all; I have a farther disadvantage. I stand here, gentlemen, before you, a culprit as well as a pleader; personally and very materially interested in the issue of the cause which I have to defend. And every gentleman in the court must know (some perhaps by their own experience, all by the reason of the thing) how very different is the sport,

ful

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