off."Which motion was unanimously approved of. "Moved, That the moment of any illegal difperfion of the prefent Convention, hall be confidered as a fummons to the Delegates to repair to the place of meeting, appointed for the Convention of Emergency by the Secret Committee; and that the Secret Committee be in ftructed to proceed without delay to fix - the place of meeting. "The Convention having confidered the motion fully, unanimoufly refolved the fame, and appointed the Secret Committee to proceed as defired. "Moved, a Committee be appointed to draw up a Declaration of the natural, unalienable, and imprefcriptible rights of man, and that the fame be prefixed to the Addrefs to the people of Britain." Which motion, it appears was afterwards referred to the Committee of Union. "Moved, That all the Delegates who had left the Convention fhould receive letters to return immediately, and remain at their posts till the important bufinefs, which was daily introduced into the Convention, should be properly difcuffed." The faid William Skirving is further charged with having made the following motions : "That the Convention exprefs its ardent defire to cultivate a more close union with the Societies in England. "That an addrefs to the public fhould be drawn up by the Committee of Union. "That a Committee of Finance be ap pointed. "That the Delegates from the country who may run fhort of money, by the prolongation of the bufinefs of the Convention, fhall be fupplied by the Treasurer. "That all the Members, both of the Convention, and of the Primary Societies, fhould fubfcribe a folemn league and covenant." He is further charged with having been prefentat ameeting in Blackfriars's Wynd, upon the 5th of December laft, where the members refifted the authority of the Magiftrates, who ordered them to difperfe. A fimilar charge is made for having refifted the Magiftrates and She riff the following night, when attempting to difmifs faid fociety, then met in St Patrick's Square. The libel further charges William Skirving with having attempted to convene a meeting of the Friends of the People in the Cock-Pit Grafsmarket, on the 12th of December laft, contrary to the proclamation of the Magiftrates and Sheriff. The libel concludes, that all, or part thereof, being found proven by the verdict of an afhize, William Skirving ought to be punished with the pains of law. When the indictment was read over, he was afked by the Lord Juftice Clerk whether he was Guilty or Not Guilty? To this he aufwered, I am confcious of no guilt, my Lord. Lord Juftice Clerk-Have you any counfel. Pannel-I have the misfortune to have none, my Lord, but fhall do the belt 1 can in my own defence. Lord Juftice Clerk-Would you wish now to have counfel? Pannel I would; but it might be taking any gentleman unawares. Mr Solicitor General now rofe, and addreffed himself to the Court. He obferved that the hand-bill for which Mr Palmer was fentenced to tranfportation, is the very fame which the pannel is accufed of having circulated, and which in the former cafe was found feditious. He next adverted to the meetings of the British Convention, the very name of which carried fedition along with it; for there is no British Convention in this country but the two houfes of Parlia ment. When this Convention, however, had met, they adopted the phrafeology of the French, and feemed to purs fue fimilar purposes. This phrafeology feemed connected in France with the dreadful scenes which have been perpetrated in that unhappy country. If the pannel can prove, that the measures and phrafeology of that Convention were adopted to fhow the people in this country the dreadful and difgufting features of fuch proceedings, that the inhabitants of Britain might take the alarm, and guard against the introduction of fuch principles principles, this indeed would be a good defence; but faid the Solicitor, I am afraid no fuch proof will be attempted. The Solicitor General next adverted to the motion made in the Convention for appointing a Convention of Emergency, and a place for their meeting. He alfo noticed the attempt made to convene a meeting in the Cock-pit contrary to the proclamation of the Magiftrates. Suppofing five or fix years ago, a number of people had marched up the streets with white cockades in their hats, it was certainly criminal, but perhaps they would have been looked upon as madmen and laughed at; but had fuch been done in the year 1745, what would have been the cafe then? They undoubtedly would have fuffered as treasonable perfons. So it is, that although the law may be always the fame, yet the circumftances in which the country may be, will render proceedings, which are not worth notice at one feafon, highly criminal at another. When the Solicitor General had concluded, Mr Skirving faid, the Solicitor General ought to know that I am not an fwerable for the proceedings of the British Convention, who, I have no doubt, will fully juftify themselves when they come before your Lordships. He then remarked upon the indictment, where he faid there was many inacuracies. He read a long series of obfervations from a written paper, which it is unneceffary to detail. It was drawn up at great length, and contained remarks upon the procedure of the Magiftrates and Sheriff in difperfing the British Convention, and alfo ftating, that if his conduct in the whole bufinefs could be called fedition, he gloried in being charged with fuch fedition. He remarked, that the meetings of the Friends of the People bore fome reference to holy writ, and to the coming of the Lord JESUS CHRIRT, where it is faid, "Then they that feared the Lord fpoke often one to another." After having made fome more remarks of a fimilar tendency, he called *pon the Lord Advocate to define what it was he termed Sedition. He also beg ed to know by what law he was tried, as the indictment did not ftate any. The Court then delivered their opinions upon the relvancy. Lord Efkgrove faid, he had not the fatisfaction of agreeing with the pannel in his objections to the relevancy of the indictment; as to the particular law on which he is to be tried, and which he required to be informed of, his Lordfhip faid, that there were many crimes tried for which there was no ftatute law, but which were tried by the common law of the land. The Convention, of which he was a Member, cannot be tried collectively, not being a corporate body, but must be tried individually: Therefore, when the pannel faid, that the Convention must be tried before he can be condemned, is a propofition which cannot be liftened to Lord Swinton, in remarking upon the word Sedition, said he understood it to confift in every attempt to overturn, or disturb the prefent happy conftitution under which we live. His Lordfhip made a few more obfervations, in which he agreed in all that had been stated by Lord Efkgrove, and was clearly of opinion the libel was relevant. The reft of their Lordships delivered their opinions to the fame purpose. The ufual interlocutor was then pronounced, Finding the libel relevant, and allowing the pannel a proof of all facts and circumstances tending to exculpate or alleviate. The following gentlemen were then chofen Jurymen, viz. Alexander Mackenzie, Efq; of Seaton, Chancellor, Sir Andrew Lauder Dick of Fountainhall, Bart. Sir Hew Dalrymple of North Berwick, Bart. William Nifbet of Dirleton, David Anderfon of St. Germains, Clerk, John Caddell of Cockenzie, James Craig of Setonhill, Francis Buchan Sydferff of Ruchlaw, John Milne ironmonger in Edinburgh, William Lamb upholsterer there, Walter Brunton faddler in Edin burgh, Andrew Boog cutler there, Thomas Armstrong copperfmith there, David Milne merchant there, and Edward Innes confectioner there. He He objected to any of the Goldfmith's Hall affociation being on his Jury, or any perfon who held an office under go vernment. To this objection it was anfwered, that it was faying that no gentleman who wifhed to fupport the prefent government ought to be of that number, but probably he wished that his Jury fhould confift of members of the British Convention. The objection was repelled. After the Jury were fworn in, the Court proceeded to the examination of witneffes, as follows: Alexander Morren grocer, Edinburgh, faid, That in the course of last summer, he received a manufcript copy of an addrefs from Dundee, entituled, Friends and Fellow Citizens, which he showed to Mr Skirving, who did not entirely approve of it, but faid, that if fome of his friends approved of it, he would wish to have 100 copies: That when the witness received this addrefs, it was accompanied with a letter from Mr Palmer: That he fhortly after got the addrefs printed by his brother; and a fervant girl having called at his houfe, with a meffage from Mr Skirving, the got a number of copies.-Being interrogated by the pannel, he faid, he got no orders to confult him about the addrefs. James Kidd, leather-merchant, Edinburgh, faid, That one day laft fummer he called at Mr Skirving's houfe, and received from him one copy of a printed addrefs: That when examined by the Sheriff he was urged to fay, when fhown a printed addrefs, Whether it was, of the fame kind with the one he received from Mr Skirving, and if he did not recollect the words Berean Meeting houfe in it? He then faid he did recollect thefe words; but now on oath, declares, he does not know whether it was from common report he faid fo, or from having feen the paper; but depones, That at prefent he knows it not. Depones, That he has not converfed on the fubject of this trial with Skirving, or any of his friends, fince he was cited as a witnefs. Jofeph Mack, of Sheriff's Chamber, de poned, That he was prefent in executing a warrant from the Sheriff to fearch Mr Skirving's house, and apprehend his perfon: That feveral papers were found in his lodgings, and carried to the Sheriff's Chamber; that part were returned and part kept: That when Skirving was examined before the Sheriff, he gave his declaration voluntarily, and appeared to be fober and of found mind. Here the witness indentified feveral papers which were found in the pannel's houfe. John Dingwall, of Sheriff's-Chamber, gave a fimilar detail with the above, and identified several papers. William Scott, Procurator-fifcal, being called, the pannel objected to his evidence, faying he was a party engaged in the profecution against him. The objection was repelled; and Mr Scott being called in, faid, he went along with Mr Davidfon Sheriff-fubftitute, to the Cross-caufeway, to disperse the British Convention met there, on the 6th December laft: That when the Sheriff defired them to difmifs, Margarot replied, they were met in a legal manner, and would not difperfe, unless compelled by force. Upon this fome perfon called out, that Mr Gerald, who was formerly fpeaking, ought to proceed. The Sheriff then advanced towards Margarot, who was in the chair, and taking him by the hand, led him from the chair. Mr Gerald was immediately called to affume it, which he did. The Sheriff again requested them to difmifs, but Gerald answered, he would not till forced. The Sheriff immediately used the fame fign of force as he had done formerly to Margarot, and taking Gerald by the hand, was about to lead him alfo from the chair; but Gerald faid, as it was ufual to close their business by prayer they would do fo upon the prefent occafion alfo. This was permitted, and prayer being finished, Gerald left the chair; previous, however, to leaving the room, Skirving called for a Notary Public to take a proteft; but none being prefent, he took one himself in fuch form as he thought fit. At this time fome perfon in the room exclaimed, that al although obliged to difperfe at prefent, it ought to be kept in remembrance, that they had, at a previous meeting, voted the Convention permanent.' On the day before this happened, Skirving had been apprehended on a warrant from the Sheriff, as having been a Member of the Convention, and, after examination, was liberated on finding bail. Here the pannel put feveral interrogatories to Mr Scott, relative to his being apprehended on a warrant obtained on the 31st July laft, and after being examined, was difmiffed; but again apprehended and incarcerated, upon a letter being found in his cuftody from Mr Palmer, Dundee. Harry Davidfon, Efq; Sheriff fubftitute, gave a detail of what happened at difperfing the Convention, fimiliar to the above, but did not recollect any thing relative to a protest being taken. Being interrogated by the pannel, he faid, upon going into the Convention, he was told they were met to confider on a petition to parliament. Right Hon. Lord Provost faid, That, being attended by the Magiftrates and conftables, he went to a Mafon Lodge in Blackfriars Wynd, on the evening of the 5th of December laft, and on going in, be asked the perfons affembled there, If this was the British Convention? and was told it was. He then went towards the chair, in which fat Mr Samuel Paterfon, and told him, that the Magiftrates had come for the purpofe of difperfing the meeting. Mr Paterfon then intimated to the meeting, that he confidered himself bound to obey the orders of the Magiftrates, and immediatly left the chair, which was inftantly affumed by C. Brown, who declared, that he would not leave it till compelled by force. Skirving then faid, their meeting was perfectly legal. The Lord Provolt replied, he would, as firft Conftable, ufe force, and difperfe them; and accordingly taking Brown by the hand, led him from the chair. Upon this fome perfon called to the members to adjourn to the Canongate. His Lordfhip then gave an account of the pro ceedings next night, when he accompanied the Sheriff to the Crofs-cafeway, which was to the fame effect as that gi ven above by Mr Sheriff Davidfon and Mr Scott, Fifcal. His Lordship added, That, on both nights, he heard Mr Skirving propofe a protest to be taken; that next day, in conjunction with the Sheriff, he iffued a proclamation prohibiting fuch meeting in future. After this, however, an advertisement having appeared in the Gazetteer, figned W. Skirving, calling a meeting of the Friends of the People, to be held on 12th December, in the Cock-pit, Grafsmarket, Mr Skirving was brought before the Magiftrates, where he was queftioned as to the propofed meeting, and acquainted with the determination of the Magiftrates, not to permit any meeting to be held, and a written intimation to that effect was given him. Bailie Macvicar gave a fimilar detail of the proceedings which took place as difperfing the Convention in Blackfriars Wynd; and, upon being interrogated by the pannel, added, That when Skirving was brought before the Magiftrates, relative to the meeting in the Cock-pit, he took particular pains to convince them that it was altogether a diftinct meeting from the British Convention. Bailie Coulter faid, That on the 12th December, the day on which the meeting in the Cock-pit was proposed to be. held, he went there about twelve o'clock attended by fome of the conftables; there was a crowd of people affembled, and Skirving and Brown in the midst of them, one of whom was reading a paper, which was taken from them by an attending officer, and both of them were immediately carried to the Council-chamber, from thence to the Goldfmith's Hall, where the pannel emitted a voluntary declaration. James Laing, of the Council-chamber, faid, That on the 12th of December, he attended the Magiftrates to the Grafs market, where a crowd was affembled near the Cock-pit and Meffrs Skirving and Brown in the midft of them reading. a paper, which was feized, and both of them them brought to the Council-chamber. recollect yourfelf. Wit. I don't reBeing shewn a paper, said, he had reafon member any other. to believe it was the fame which Brown was reading at the Cock-pit, and thought it the hand-writing of the pannel. Having a letter of Skirving's in his pocket, he compared the two hand-writings in Court, and fhewed they bore a strong refemblance. Lord Adv. Was there ever any mention made of an invafion? Wit. I believe there was: I think I heard fomething about a foreign, or French invafion. Lord Adv. Now, try if you can recollect any other cafes of emergency? Wit. The night before the Convention was difperfed, it was fpoken of, that a difperfion of the Convention fhould be confidered as a cafe of emergency. Lord Adv. Did you ever hear any thing about the Scots act 1701, refpecting wrongous imprifoment? Wit. I think that one of the cafes of emergency was, in cafe of a motion being made in Parliament to fufpend that act. Lord Adv. Well; was there any more cafes of emergency? Wit. I don't recollect any. William Rofs, Clerk in the Gazetteer-office, faid, he belonged to one of the Societies of the Friends of the People, and was a member of the British Convention: That he writes fhort-hand, and used to attend the convention, where he took down the debates to be inferted in the Gazetteer; thefe he wished to make accurate, although he is not certain but he might make a mistake in the perfon's name who made any particular motion: Does not recollect Mr Skir. ving ever making any motion, but remembers fomething about a "Secret Com-Lord Adv. Was there no mention mittee" being appointed: Does not re- ever made refpecting the Habeas Corpus collect Mr Skirving being a member of act of England? Wit. I believe the it-Cannot tell the purpose of this Com- fufpenfion of that act was also to be conmittee, at least does not remember-can- fidered as a cafe of emergency. not be certain is not fure; it was for fome purpose or other, but forgot for what At laft the witness recollected that the Committee was appointed for procuring a place of meeting for the members, in cafes of Emergency, which place, however, was kept a secret. Lord Advocate. What were thofe eases of emergency? Witnefs. Cannot fay. Lord Adv. Think a little; do you recollect none of them? Witnefs. No I do not at prefent. Lord Adv. Do you remember any thing about a Convention Bill? Wit. Yes; I believe fomething was faid about that. Lord Adv. What was faid about it? Wit. Something about if a Bill was brought into Parliament, like the Irish Convention Bill, then the Convention of Emergency were to meet. Lord Ad. Well, What were the other cafes of emergency? Wit. I do not remember any. Lord Adv. Don't be in a hurry; Upon further interrogatories, the wit nefs declared, That the members were fometimes addreffed by the term Mafter, fometimes Citizen;-the Convention was divided into Sections, each confifting of about fifteen perfons, who met in the mornings; the witnefs was a member of Section, No. 4. which met in Symon's Square; he never knew of any perfon receiving the Honour of the Sitting ;fince being cited as a witness on this trial, he knew there was a meeting of fome friends in Robb's, vintner, South Bridge, on New Year's Day, where there were twelve or thirteen perfons prefent to celebrate New Year's Day, and he alfo was prefent, but does not recollect who invited him. In the courfe of their converfation this trial was not mentioned, but the trials to come on this week were spoken of. Upon being shewn a printed hand-bill, he acknowledged himfelf the author of part of it, but did not know who wrote the other part. It was fhown to a fociety of the Friends of the People, but does not know who was Secre |