It assumed a popular title-a name calculated to conciliate the favour of every individual whose feelings were supposed to run in the right course. The libel he complained of was put forth in the shape of a poem, called "The Vision of Judgment." In that poem the author assumes and represents himself to be at the gates of heaven, and the transactions he pretends to have witnessed there he describes with a degree of levity and of impiety which was really astonishing; he fancied himself almost in the presence of his Creator, and he assumed a tone fit only for a pot-house revel, and which would certainly disgrace the company of any gentleman." * The learned gentleman then proceeded to animadvert upon particular passages of the poem, which he read to the court. After reading them, the learned gentleman proceeded to say, that he thought the jury could not have the smallest doubt of the publication being a gross libel. Mr. Scarlett, in a most eloquent speech, contended that, every one had a right to publish what he pleased of a deceased king, in the genuine It is worthy of remark that all the newspapers gave these passages at full length, and thereby circulated a work that was comparatively but in the hands of a few persons, and which soon after died a natural death, to the very remotest parts of the kingdom; and as thousands read the newspapers who cannot afford, or will not lay out the money to purchase a book, so the circulation of the obnoxious passages was increased ten hundred thousand fold!!! spirit of history and criticism. He regretted his inability to give adequate expression to the strong feelings which he entertained on the subject of this prosecution. He declared most conscientiously, that he never before happened to be engaged in a cause in which he felt that the ground upon which he stood was more delicate; while he was sensible that the attempt to convict the author or publisher of this poem, on the ground of its being a libel on his late Majesty, was most impertinent and ridiculous, and that it ought to be met by no other sentiments on the part of the jury than those of contempt and indignation." The Chief Justice, addressing the Jury, said “this was an indictmentcharging the defendant with a libel on his late Majesty, tending to disturb the peace and comfort of his present Majesty, and the other descendants of the late King. He had no hesitation in stating, in point of law, what he believed had not been denied by the learned counsel for the defendant, that a publication calumniating the late King, for the purpose of disturbing the peace and wounding the feelings of his present Majesty, and bringing him into contempt with his subjects, was an offence against the law. It would be for them to say whether the charge in this indictment had been established to their satisfaction. In a charge of this particular nature, they were relieved from the consideration of any general and abstract question, as to how far it was competent CHARGE TO THE JURY. 111 by law to any person, as soon as the grave had closed over a deceased monarch, to speak of him in the way charged in this indictment. The question for them to consider was, first, whether the publication was defamatory of his late Majesty ; and, secondly, whether its object was to bring his present Majesty into disgrace and contempt with his subjects. In deciding this question, he trusted they would surrender their judgment to no man, but that they would exercise their own good sense and reason, and pronounce a verdict according to their consciences. The present prosecution, as it appeared, was instituted by one or more private individuals,* and not by any of those persons who were connected with the administration of his Majesty's government. By the law of the country, however, it was open to any individual to become a prosecutor, if he should so think fit, and it was fortunate for the liberties of the country than it was so; for if in this, as in some other countries, none but the officers of the crown could prosecute, too much might be left to the discretion of those officers in the administration of the justice of the country. It had been urged by the counsel for the defendant, that as this publication had not been taken up by any of those who were high in authority, this circumstance * A self constituted society styling themselves, with modesty enough," The Constitutional Society." We suppose they mean thereby-" Exclusive Patriots." 112 CHARGE TO THE JURY. furnished a strong argument against its libellous tendency how far that argument was entitled to weight, he would leave to their own judgment to determine. The publication was a poem of considerable length, the whole of which the learned counsel for the defence, in the exercise of his discretion, had required to be read. The whole had been read, and he should be wanting in the duty which belonged to his station, if he did not express his abhorrence at the tone of impiety that pervaded it. Whether any thing of this nature was to be found in another poem, to which so much allusion had been made, he did not know. It had been supposed that the poem was generally known. He could not say that it was unknown to him by name, and he might even have read some extracts from it in reviews; but he had been brought up in a school of such severe taste, that he felt no desire to read the poem. The learned counsel for the defence had directed their attention to some parts of the poem: there were others to which he had only adverted in general terms. He had contended that the passages in question were to be considered as strictures on the events of the late reign, and not as an attack on the personal character and disposition of his late Majesty." His Lordship read some of the passages. "These passages could not be considered as allusions to events of the late reign, but as a most bitter invective, whether true or false he could BY THE LORD CHIEF JUSTICE. 113 not now inquire, on the personal character of his late Majesty. They had been told that these words were put into the mouths of the Evil One, and that they could not, therefore, be understood as conveying the sentiments of the poet. It would be for them to judge, whether the author meant these passages to be considered as proceeding from the father of lies, or as containing his own sentiments. The admission of his late Majesty into heaven was said to do away the effect of all the reproaches that had been put into the mouth of the spirit of falsehood: this also was a point on which they must exercise their own judgment. If they were satisfied that this publication was defamatory of the late King, they would, in the next place, have to consider whether it was calculated to disturb the peace and comfort of his present Majesty, and his other descendants. Human society was so constituted, that it very rarely happened that the honour or disgrace of a father did not in some degree affect the son it would seldom happen that the feelings of a son would not be disturbed by reflections on the character of his father. If, therefore, the jury considered this publication as defamatory of the character of his late Majesty, they would scarcely fail to come to the conclusion, that it must have disturbed the peace of the King, and of the other members of his family. If they believed that the publication was of this character, and not a fair |