in bar of proceedings against Simon Drummond, with the answer thereto-They repel the objection, in respect Simon Drummond was called before the Court as a party to answer for himself, not as a witness against William Johnston.

(Signed)

ALEXANDER MURRAY I. P. D.

Mr. Alexander Wight, on the part of the said William Johnston, and Mr. Charles Hope, on the part of the said Simon Drummond were then heard at great length.

Whereupon the Court having asked the said

William Johnston and Simon Drummond whether they wished to be allowed a proof of any farther facts and circumstances now stated, and they having declared that they did not desire any further proof but rested the matter upon the evidence now before the Court; the following judgment was pronounced.

The lords commissioners of justiciary having taken into consideration the publication in the newspaper intituled, "The Edinburgh Gazetteer," of date the 15th day of January last, pretending to give an account of the trial of John Morton and others, tried and convicted before this Court, with declarations emitted by the said William Johnston, and paper given in by him intituled "substance of capt. Johnston's apology," as also the declarations emitted by the said Simon Drummond; and having fully heard parties and their procurators, and that they have declined to adduce any further evidence; they find that the said publication is a false and slanderous representation of the proceedings in the said trial, and a gross indignity offered to this high Court, calculated to create groundless jealousies, and doubts of the due administration of justice by the supreme criminal Court of this part of the United Kingdom. That the said William Johnston, proprietor and publisher of the said newspaper, and the said Simon Drummond, conductor and printer thereof, are guilty art and part of printing and publishing the false and slanderous representation aforesaid. Therefore the said lords discern and adjudge the said William Johnston and Simon Drummond to be carried from the bar; the said William Johnston to the Tolbooth of Canongate of Edinburgh, and the said Simon Drummond to the Tolbooth of Edinburgh, therein to be detained for the space of three months from this date, and thereafter, till they find sufficient caution and surety acted in the books of adjournal, in manner following for their good behaviour for the space of three years from the time of their liberation respective viz. the said William Johnston by himself with two cautioners for the sum and under the penalty of five hundred pounds sterling; and the said Simon Drummond by himself with two cautioners for the sum and under the penalty of one hundred pounds sterling; and upon elapsing of the said period of imprisonment, and finding caution in manner fore

Curia

Justiciaria S. D. N. Regis, tenta in Nova Sessionis domo de Edinburgh, vicessimo die Januarii, millesimo septingentesimo et nonagesimo quarto, per honorabiles viros Robertum Mac Queen de Braxfield, dominum justiciarium clericum, dominum Gulielmum Nairne de Dunsinan, baronetum, et Alexandrum Abercromby de Abercromby, dominos commissionarios justiciariæ dicti S. D. NRegis.

Curia legitimè affirmata.

THE which day there was presented to the said lords a petition and complaint in the name of his Majesty's advocate, and subscribed by Mr. John Burnett, advocate depute.-Shewing, that in the month of January 1793, the petitioner brought to trial before your lordships, John Morton, James Anderson, and Malcolm Craig, all journeymen printers, for the crime of sedition; and they having been convicted by an unanimous verdict, received sentence accordingly.

That upon the 15th of the said month, of January, there appeared in an Edinburgh newspaper, intituled "The Edinburgh Gazetteer," an account of the trial of the said Morton, Anderson, and Craig, imputing partiality and injustice to the Court in the course of that trial.

Your petitioner felt himself called upon to state to your lordships, that he considered the said account or publication to be clearly and evidently calculated to lessen the regard which the people of this country owe to the supreme criminal Court; and that as it appeared to him, in its whole tendency, to afford a precedent highly dangerous to the constitution, he requested your lordships attention to it; and as William Johnston, esq., residing in North Frederick-street, Edinburgh, had avowed himself both the principal proprietor and conductor of the said newspaper, your petitioner submitted, that you would take into your immediate and serious consideration, a matter which concerned the general welfare of the country.

Upon this representation your lordships of this date [Jan. 25, 1793] made an order and

appointment upon the said William Johnston to sist himself personally in court upon the 29th of the said month.

In consequence of this order, a long investigation, and a variety of proceedings, took place before your lordships, unnecessary to be here particularly recited; the result of which was, that your lordships, of this date [Feb. 3, 1793], found the publication a false and slanderous representation of the proceedings in the said trial, and a gross indignity offered to the Court, calculated to create groundless jealousies and doubts of the due administration of justice by the supreme criminal court of this part of the united kingdom, Found, That the said William Johnston, as proprietor and publisher of the said newspaper, was guilty art and part, of printing and publishing the false and slanderous representation aforesaid; therefore, you decerned and ordained the said William Johnston to be carried from the bar to the Tolbooth of Canongate, therein to be detained for the space of three months from that date," and thereafter until he should find sufficient caution aud surety, acted in the books of adjournal, for his good behaviour for the space of three years from the day of his liberation, himself, with two cautioners, for the sum, and under the penalty, of five hundred pounds sterling." And, upon elapsing of the said period of imprisonment, and finding caution in manner afore. said, your lordships granted warrant for his liberation. All which proceedings appear

from the records of Court.

That the said William Johnston having undergone the said imprisonment, he with Dr. Francis Home, physician in Edinburgh, and James Campbell, writer to the signet, as cautioners and sureties, acted in the books of adjournal with him, bound and obliged themselves, conjunctly and severally, their heirs, executors, and successors, that he the said William Johnston," should have and maintain a good behaviour for the space of three years, from the 23d day of May instant (1793) under the penalty of five hundred pounds sterling, in terms of and conform to a sentence of the high court of justiciary, pronounced against him the said William Johnston, upon the 23d day of February last." As the said bond of caution, lodged with your lordships clerks, bears, that the said bond having been accepted, and a certificate of the said William Johnston having obtempered that part of the sentence awarded against him having been given, he was accordingly liberated from prison. The petitioner had little doubt that these proceedings, and the severe, but just and proper, censure inflicted upon Mr. Johnston by your lordships would have insured his good behaviour to the public at least for the period mentioned in the sentence. In this, however, he has been mistaken: for he is sorry to say, from certain proceedings which have lately been laid before him in his character of publie prosecutor, he finds himself called upon, +

in discharge of the official duty which he owes to the public, to state to your lordships such facts and circumstances respecting the conduct and behaviour of the said William Johnston, as, in the petitioner's apprehension, are of such a nature and tendency as to forfeit the bond of caution granted for his good behaviour. Your lordships need hardly be informed, as the matter has been so lately and so frequently under the consideration of the Court, that upon the 29th day of October last, a number of persons, styling themselves a general convention of the Friends of the People, assembled in a mason lodge in Blackfriars Wynd of this city; and though their proceedings were at first conceived, or at least veiled, under the pretext of applying for a reform in parliament in a constitutional manner, yet it has been since discovered that the purpose of their meeting was in truth of a most dangerous and seditious tendency, and obviously calculated for the purpose of contemning and resisting the authority of the legislature, and inflaming the minds of the people against the constitution and government of the country.

From the written evidence to be afterwards stated, it already appears that Mr. Johnston considered this meeting in the light which the complainer now states it, and was abundantly aware both of the tendency of the meeting itself as hostile to the public peace, and that his attendance in, or having any connexion with it, would infallibly subject him and his sureties in a forfeiture of the penalty contained in the aforesaid bond.

This notwithstanding, he appears to have corresponded with a person of the name of William Skirving, who has, within these few days, been tried and convicted by a jury before your lordships of the crime of sedition, for accession to such meeting, on the subject of its future conduct and proceedings; and to have taken upon himself a very active share in directing the said Skirving, as to the manner in which such meeting or convention was to proceed. And though he appears, from the said written evidence, to have been aware of the criminality of his conduct in so doing, and to have at first declined being a member of, or appearing in, that convention; yet he nevertheless ventured, of this date [Oct. 31, 1793] to attend one of the meetings of said convention, as a visitor, to have taken a part in their debates, and to have countenanced, and encouraged them in their proceedings.

The above mentioned William Skirving having been apprehended, and his papers seized, there was found in his possession, a scroll of the minutes of this meeting or convention, herewith produced. And a question having occurred among them, as to the propriety of petitioning the king or the house of commons, upon certain topics unnecessary to be here mentioned, these minutes bear, that "captain Johnston having come in as a visi

tor, the rev. Mr. Donaldson moved, that the captain's opinion should be had upon the question; and the convention having, upon a motion by the depute secretary, waved the regulation excluding visitors from speaking, captain Johnston expressed his sense of the compliment paid him, and assured them of the continuance of his steady zeal in the cause of reform, but assigned a very satisfactory reason for not taking any hand at present in the business before them." It appears from the minutes, that the debate then proceeded but near the conclusion of it, captain Johnston seems to have altered his resolution, the minutes bearing, "That captain Johnston at last rose, and made a short speech, and strongly recommended unanimity, but expressing it as his decided opinon, that it was both illegal and improper to petition the king, and that such a step would actually ruin the cause."

This meeting or general convention, as above described, broke up in a day or two thereafter. But several seditious and evil disposed persons, having arrived from England, for the purpose, it would seem, of attending it; the above mentioned William Skirving circulated advertisements for calling the said meeting together a second time, which accordingly met upon the 19th of November last, and continued to sit daily from thence forward, till the 5th of December last, when their conduct and proceedings became of so flagrant a nature, that the ringleaders were taken into custody, and their meetings dispersed and prohibited in future, by the authority of the proper magistrate. The petitioner is entitled to term the second meeting highly seditious, because two of the ringleaders, Skirving and Margarot, have within these few days been, on account of their attendance and accession thereto, convicted of sedition, by two unanimous verdicts of their country.

It appears from the minutes of this last meeting, found in the possession of Skirving, their secretary, that captain Johnston had, as far down as the 30th of November, or as it is termed in the minutes, "eleventh day's sitting," again been present in it, and had taken an active part in its proceedings. The minutes bearing: " It was moved that captain Johnston should report some circumstances to the convention; for which purpose the house resolved itself into a committee, when he read an account of the trial and sentence of D. Holt, for reprinting the duke of Richmond's and Mr. Pitt's resolution for a parliamentary reform; after which, the chairmen being replaced, the secretary moved that captain Johnston should be allowed the honours of the sitting."

The petitioner submits that this conduct of Mr. Johnston was highly aggravated, not only by the consciousness, which he appears to have all along felt, of the impropriety of his behaviour, but that, on this last occasion, the meeting or convention, had by the change of

its name, the form of its procedure, the nature of the motions made, and the purport of the debates and harangues, which took place in it, clearly and unequivocally proved the seditious, nay treasonable nature of its proceedings; and had previously demonstrated to the world that a reform in parliament was merely a pretext, under which was hardly concealed a design of subverting the constitution, and resisting the legislative authority of the state. The authenticity of the above-mentioned minutes, the petitioner will establish by the most satisfactory evidence. Four letters, holograph of Mr. Johnston, three of which are addressed to the above-mentioned Skirving, and the fourth to Mr. Scott, or Mr. Ross, the publishers of the Edinburgh Gazetteer, are herewith produced. As also a copy of a circular letter by the above-mentioned William Skirving, wrote, it would seem, in consequence of the suggestion and directions, in one of the above-mentioned letters to him from the said William Johnston; and of all which copies are annexed to this complaint by way of appendix. The petitioner will likewise corroborate and support the above-mentioned written evidence, as well as the whole other facts and circumstances charged against Mr. Johnston, by the testimonies of these witnesses, whose names are annexed to this petition and complaint: these being established, the petitioner cannot entertain a doubt of your lordships being of opinion, that the said William Johnston has forfeited his bond of caution, and that you will declare so accordingly; and grant warrant to, and ordain the clerks of court to proceed in diligence in common form against the said William Johnston, and the said Doctor Francis Home, and James Campbell, as his sureties, for recovery of the penalty of 5001. sterling therein contained, to be disposed of as to your lordships shall seem meet.

Your petitioner subjoins a list of witnesses and written evidence, by which the foregoing facts are to be proved, if the same shall be denied by the said William Johnston and his cautioners, in order that they may be suffi ciently apprized of the nature of the evidence, to be adduced in support of this complaint. May it therefore please your lordships to ordain this petition and complaint, with the list of witnesses, and written evidence hereto subjoined, to be served upon the said William Johnston, and the said Dr. Francis Home, and James Campbell, and to appoint them to give in answers thereto, if they any have, within such time as your lordships shall think proper; and if the facts and circumstances herein set forth shall be denied, to grant warrant for letters of diligence, at the petitioner's instance, for citing the witnesses for proving the same; and, upon the said facts and circumstances being established, to find, that the bond of caution, granted for the good behaviour of the said William Johnston, is forfeited; and to grant

the petitioner, William Johnston, to sist himself at the bar on the 24th instead of the 10th day of February current, or on such other day as to their lordships should seem proper. liberty, than candour, firmness, and constitutional integrity.-I am yours, &c. &c. (Addressed) Mr. William Skirving, Cowgate.

Mr. Johnston to Mr. Skirving.

Dear Sir;-I am favoured with your's this moment-in answer to it, I shall once more take the liberty to remark to you, that my objections to the principle of denunciation, do not arise from any absurd apprehension of holding up the character of this or that man, however exalted his situation-all I meant to say, although I might have expressed myself obscurely, that however deserving of the mark, that this was not the time. The steadiness and moderation of the people, must bring these people to some avowed declaration of principles, how far they propose to go-and depend upon it, that it is from the real Friends of the People-the tone of these party men must be taken, and this must soon happen.-Policy, however, should now be our guide.-Coolness and inflexible perseverance will do the business.

My interest with those persons whom you mention, is such as I decline to use: I decline it, because I am finally of opinion, that it would be doing them too much honour to bestow a thought on such; and indeed I do not think they are of that consequence. I must honestly declare that I entertain a very poor opinion of the whole; I have sacrificed health, friends, and more money than I can afford, to a cause which I am ready to lay my life down to-morrow, to see obtained: my peculiar situation renders my attendance impossible, you know it,-I hope the world knows it, take my advice,-mind no body, go on,-let Magna Charta and the Bill of Rights direct your conduct,-don't waste your time in weak and trifling debates-be dignified and constitutional.-Your's, Monday 18.

(Addressed) Mr. Skirving.

W. J.

Mr. Johnston to Mr. Skirving. Sir;-I observe by the Gazetteer, that you have called another convention of delegates to assemble on Tuesday the 19th current. I dare say you will think with me, that this measure will create a good deal ́of bustle in the higher orders, and that every endeavour and almost every artifice, will be adopted to render it ineffectual. To avoid the tricks of power, I am inclined to suggest to you the propriety of writing yourself to the different societies, and inform them of the real circumstances which have occasioned a second delegation. By this mode you will secure, in the first place, a certain attendance; and, secondly, you will obviate the precarious uncertainty of the societies not taking up the utility of the business in a comprehensive point of view. I am

The lord justice clerk and lords commissioners of justiciary having considered the foregoing petition, and that his majesty's advocate has no objection to the delay prayed of opinion, that the convention should be as full and as respectable as possible. The objects it must hold out to the country, of annual parliaments and universal right of suffrage, being of vast magnitude. The minds of the delegates ought to be made up on the subject, previous to their arrival, not merely to stifle an interesting animated debate on these measures, but to impress on the minds of all, the unanimity on such an occasion;— rely upon it-you will meet with many obstacles, but do not be daunted at what may follow, look fully at the objects,-leave consequences to themselves: should any attempt be made, either to prevent the meeting or to make it contemptible, let us, as men, not forget that our intentions are honest; that we are the true friends to peace and good order, and are determined to pursue the glorious business with intrepid moderation, and constitutional dignity. I shall not sign my name but with the initials, 6th Nov. 1793. W. J. (Addressed) W. Skirving, Esq., Cowgate.

Circular Letter by William Skirving.

Sir; I have the satisfaction to inform you that the delegates from the societies in London have at length arrived in Edinburgh. Delegates from the other societies in England, and who are now upon the road, will soon also be here to wait upon the friends of the people, in order to establish an indissoluble fraternity between the two nations, and to adopt those measures which at this awful period may have a tendency to save the country.

Solemnly pledged as you are to a common and just cause, no hardship and no expense can be thought too great for you, while you are conscious that you are discharging your duty. With no propriety can you refuse to attend upon your brethren from England, who, at so much expense, and from so great a distance, have come to unite their affections and deliberations with you.

I feel it my duty, in coincidence with the sentiments of the general committee here, again to recall the societies by their delegates to this place. Every moment is precious, and delay is synonimous to treachery.

I expect, therefore, Sir, to have the honour of seeing you on the 19th current in the general convention of the delegates, in compliance with the public advertisement which I was bound to insert in my official capacity in the Gazetteer of yesterday, to which I intreat your particular attention.

If you cannot possibly attend, it will be proper to call the committee of your society to appoint one or two in your place. No exertion on the part of a friend should be wanting at this important crisis to render