Hostname: page-component-77c89778f8-m42fx Total loading time: 0 Render date: 2024-07-17T04:18:49.439Z Has data issue: false hasContentIssue false

Lord Kenyon's Charge to the Jury, from: the Speeches (at length) of the Honourable T. Erskine, & S. Kyd, Esq. at the Court of King's Bench, Westminster, on Saturday, June 24, 1797, of the Trial of T. Williams, for publishing Paine's Age of Reason; Second Edition Corrected. London: J.S.Jordan, C. Chapple, and C. Wood. 1797

Published online by Cambridge University Press:  21 December 2009

Extract

Gentlemen of the Jury, Being now in possession of all the facts of this case, and convinced, in my own mind, what conclusion ought to be drawn from them, I am not sure, that it is necessary to say any thing at all to you upon the subject. Gentlemen, before you proceed to decide on the merits of this or any other cause, it is proper to see whether the parties litigating stand in a fair light before you. I was extremely hurt when the learned Counsel for the Defendant thought fit to state to you, with very considerable emphasis, and a very determined tone of voice, that this was a scandalous prosecution. I cannot help wishing that sentence had not been uttered. Who commenced this prosecution, I certainly know not. But from what fell from the very learned Counsel who has just sat down, I am inclined to suppose it proceeded from a society of Gentlemen instituted for the most important of all purposes, for preserving the morals of the people; a society composed of Clergymen and Laymen of the most respectable character in this kingdom, who, seeing how the country is overrun with profligacy and wickedness, which boldly raise their heads in defiance [29] of the law of the land, were determined to see whether, in the first place, by admonition and advice, they could not stop the torrent of vice and immorality; and secondly, if that should fail, to try what could be done by punishment. If people, with the very best intentions, carry on prosecutions that are oppressive, the end may not always perhaps sanctify the means. But the manner in which this prosecution has been conducted, is certainly not oppressive; for instead of proceeding in the more expansive mode, the Prosecutors went before a Grand Jury of the Country: and it was necessary to obtain the opinion of that Grand Jury before the party could be put in process.

Type
Research Article
Copyright
Copyright © Royal Historical Society 1992

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)