The Judges, appointed to preside at the state trials in

South Wules, arrived at Monmouth on Monday night. On Tuesday they attended divine service, and opened the coitinissio.i. Three hundred and fifteen Special Jurors had been SU1111111011ed; and the following gentlemen were sworn in as the Growl Jury—Lord Grtioville Somerset, Foreman ; Hon. AV. Rodney, Sir 11. Hall, Bart,. W. A. 'Williams, Esq., M.P., R. J.

Blenitt, M. P., Hamblyn, Joseph Bailey, Esq. .11. Blakemore. Esq.,

• Erancis Chmill,erlyu, William Curry, Frctl, Buchanan, Joseph Davies, John Gi,borne, Samuel I "olafra-,-. John Francis Vaughan, Joint Jen- kins, Thomas Lewis, C. 0,tvia: S. t lorgan, Charles Marryatt, Francis :Macdonald, William Needham, C. II. Powell, J. E. W. Rolls, Esqrs. There were thirty-tight prisoners for trial. 'Pile Judges—Chief Justiee Tindal of the Coo:inlet Pleas, Sir John 'Williams of' the Queen's Bench, Sir James Parke of the Excheemr, stud Mr. Sergeant Ludlow— took their seats ou the bench i at te o o'clock ; and Chief Justice Tindal proceeded to charge the Graml Jury. He briefly stated the extraordinary- circumstances under which the commission had been issued, avoiding reforeace to those affecting indi- vidual eases ; and then expounded the law of high. treason ; the dis- turbances la 2•Lontnoutlishire Icing of such a character, of such magni- tude Lind no to render L c. mushy probable that indictments for high treasou would bc preferred ttiiimt some of the parties supposed to Ease hLee ie,pliented Ia those ei:eturhances: he was also careful to state the 1,eemiur odvamages mideh persons accuoed of high treason -WWI; entiikd to- " The commission of Oyer aud TLrnii:.er, one of the commissions under

which we eit, is in itself geeeral am! Oted in its terms and extent. It

comprehends it all tivasomo in'-oolsions of treason, all felonies and mis- demeanour, whetever. But, ae the ee!v critnival charges thet are proposed to be hroeght bethre you are thiosc which 'originate front, or are connected with, the disturbance: above referred to, with respect to which, as I have already ob- served there can b: little doubt that presentments for high treason will he broils," fertousl, ore duty will be, in the first piece to offer you such remarks opoo the tic. of high treasea as may es,iet you in the perffirmance of the im- porta! eletions you are called upol, to execute. Gentlemen, the crime of high tree: en. itt its own direct C011Fut1li,:11CC5, is calculated to produce the most Act ij..,et, effects upon the anntoun'ty at lac' ; its direct and immediate ten- dene....- is the putting down the aatimrey of the hoe, the slinking mid subvert- ing, -.1o• ft dot 'eel of all tee...Aliment, the In%-ming and dissolving the bands tel t...gother, the general confusion of pro-

1.ett:„ a olso polite in bloodshed and menial destruction ; and

ace, ! tho crew 0:;;•;_;11 tre4:0M has tdways been regarded by the law of the C,: ti.,. e. the otftea. ef all others of the deepest dye; and calling for the ineee.tre of puni.e.ent. but, in the verv same proportion as it is deneereue to the commuter: and feerful to the offele'er, from the weight of

lantiehnient whit+ is attar:, to it, e It is.:en thought necessary by the wia-

Onen of our anceetors to ee:lee a...I this le in Within certain express bound- elit•i, 01111.:1' 1;1:11 ut tic iit. I;■; g V person might escape the punish- :111 t,; ■il Ignorauce of the law, and on the (el •r th,ci.. hem, eet .1 e he entangled or brought unawares ;i; 1,V ee. of the w's uncertainty; and accord- ! ' t:!.. ,-;,,•• of King Edward. 111. an Act Was • (11relleeS shall he adjedgedtreason," and

1,1.-e! this :e ‘'et !.f.• ea• ,•te ,,.:' in some degree ,:darged. by a statute

3.!;..ed ie • 'my ■;1. 1, (.( stands the la‘v of treason at the

-,•emtehev, se fir es ti ef the emu,: which can by possibility be n ee!e the suNect of your inquiry. 't lett' of Edward 111. declares it shall be treason • when e manL !

em comps-, or im 'gine the death of our Lord the Ring iLidit which a t; en IL'ioant is includett;) or if a man levy eree..:.e.1 eta ,1,0111 tie 1, his. 0 II 1:r6Inl, and thereof he proveably

o .1 of tic. o los I ly tte emol:tion."I'lle statute afterwards dsolos •It I t•. !. th t a tli,• almre rultearsed, that ought to

t. 211,11 Sc. ncr L1111 the King, and his Majesty.' By e raeent et ite of Ge•rge temporary only at the first, but after- s...no:, mo1.. o so, t.r.1, it is en:,..ted, "I`hat if' any person shall within the realm, or tompaes, imnoine, Memo, desire, or boomi death or destruc- tion, or en:. teeh'y harm tending to death and destruction, maim, or wounding, imprisomeent or restraint of the King, or to deprive or depose him from the otyle, honour, or kinolo name of the imperial crown of this realm, or to levy

war egiiinst his Msjeo 'thin the resloi, in orthr bg force or constraint to

: him to chane hi. in, ,--cr. come,els, or in order to put any force or ;on:traiut 'Tot!, or to inlimidele osera tve beth Houses or either House of posoin,,,s, ono siosi comp,,vhirro., ovegininos, inventions, devices, or inten- tion,, or ney of them shell expre,,,, ut ter, or declare by publishing any print-

ing or writing, or by any overt net or deed, every person convicted m the

manner tberoie rteelerrel shell be deemed and adjudged to be a traitor.' Gen- tlemen, it cannot Its ye eseaped your observetion that, in the statute of' Edward the snbstentive Mien., of treason thereby declareul affecting the life of the King, and in the litter 5tafilte the substantive offence of the several treasons thereby (treated, coesi,os in the compessing, intending, devising, and imagining the perpetration of the several net therein speritiol—not in the commission of the acts themselves. Bet, inasmneh as the ',sicked imaginations of men's libirts are kuotrn eely to fits Supreme Being., until they are evidenced to man by outward act, so the former statute has required that before any one should become subject to the penalties of treason he shall be thereof.,

fir

proveablv attainted 4 of -open deed ;' and., again, by the latter statute, it enacted "that before any one falls within its penalties he shall express, utter, or declore such his compassings, imaginations, and intentions, by publishing some printing or writing, or by some overt act or deed. These overt acts, therefore,. so required by the statutes, are the means by which the particular treason has been attempted

ted to be carried into effect. They are the nstances in which the

guilty party has endeavoured to complete the treasonable design. They are the indica( or proof of the treason' not the treason itself. It is obvious, therefore, that these overt acts will be found to vary in each particular case, where the object of the treason has not been actually perpetrated. Combina- tions and conspiracies to carry it into effect—meetings to propose, to plan, to mature, or to accelerate its completion—the inciting and procuring others to join such combinations—the knowingly making, procuring, or furnishing arms and ammunition, money, or other necessaries to insurgents, for the purpose of accomplishing their treasonable designs—the administering illegal oaths to bind men to aid each other in such treasonable designs—all these, and many others of the same stamp and character, might be suggested as instances of overt acts of the particular class of compassing or devising to Which they apply within the meaning of both the statutes. And, gentlemen, as the proof of some overt act or acts is absolutely necessary to support the charge of trea- son, whatever it may be, so must time proof be confined to those specific overt acts which are charged in the indictment, and no other, in order to give the party accused the opportunity of knowing the real charge which 'is made against him, and to enable him the better to prepare for his defence, for the overt act is the one to which the prisoner must apply his defence. And still further, with respect to those overt acts it is to be observed, that, in favour of the parts' accused, a statute Was passed in the reign of King Wiltiam HI., (7 and 8 W. 11I. c. 3,) which enacts that ' no person shall be indicted or tried for high treason whereby any corruption of blood ensues, but by or upon the oath of twocareful witnesses, either both of them to the same overt act, or one of them to one and one of them to another overt act of the same treason :' and. various other advantages and privileges have been granted by the Legislature from thne to time in tkyour of persons accused of high treason, and which do not belong to persons charged with other crimes or offences."

As it was improbable that any of the prisoners had entertained. the

intention of injuring the sacred person of the Queen, he would confine his observations to that kind of treason described as " levying war against the Queen in her realm ; " and he could not do better than quote the very words of Sir Michael Foster "on Treasons "-

ii It has been laid down by undoubted authority., that if a large number of persons assembled together, whether armed with military weapons or not, en- deavour by dint of numbers or superior strength to effect any object or matter purely of a private nature,—as, for example, to prosecute sonic private quarrel, or to take revenge for some private injury, to destroy some lenticular enclosure, or to remove some particular nuisance, or generally to accomplish some end in which time particular parties assembled together had, or supposed they had, any private interest,—such acts of violence and aggression, however The authors of them may be punishable as for an high misdemeanour, do not amount to a levying of war within the statute of Edward HI. But everv insurrection which in judgment of law is extended against the person of the king, whether to dethrone or imprison him, or to oblige him to alter his measures or governs ment, or to remove evil councillors from about him, all such risings amount to a levying of war within the statute : so insurrections to throw down all enclo- sures, to alter the established law, and change religion, and to enhance the price of all labour, or to open all prisons—all risings in order to effect these innovations of It public and general concern, by an armed force, are, in con- struction of law, high treason within the clause of levying war ; for, though not levelled at the person of the King, they are against his Royal Majesty ; and besides they have a direct tendeney to dissolve the bonds of society, and to destroy all property and all government too, by numbers and an armed force. Insurrections, likewise, for redressiog national grievances, or for the reforma- tion of real or imaginary evils, of a public nature, and in which the insurgents have no especial interest—risings to effect these ends by force of numbers, arc, by construction of law, within the clause of levying war, for thee are levelled at the king's crown and royal dignity : and accordinDy it was held in the time of QUeCII Anne, that a large body of men tumultuously rising and assembled together for the avowed purpose of putting down all rmetiog-houses of Pro- testant Dissenters, and proceeding to pull down several, until prevented by force, brought time parties who were guilty of that act within the branch of the statute of levying war against the Queen; end in a more recent case, where a riotous multitude headed by Lord George Gordon, and acting in concert, with the declared design of putting down or destroying all chapels belonging to those of the Roman Catholic persuasion proceeded to put that design in force. There was no doubt but that the facts, ieproved against the parties accused, amounted to the oll'enee of high treason by levying war against the Queen. Gentlemen, an assembly of men, armed and arrayed ina warlike manner with any treason- able purpose, is a levying of war, although no blow be struck ; and the inlisting and drilling and marching bodies of men, arc sufficient overt acts of that trea- son without coming to a battle or action : and if this be the case' the actual conflict between such a body and the Queen's forces must, beyoud all doubt, amount to a levying of war against the Queen under the statute of Edward, and to the offence of compassing, or devisine to levy, war within the statute of George the Third, provided the design and object and intention of the parties be sueli as is specified in that Act. And, as has already been adverted to, it is quite unnecessary to constitute the guilt of treason, that the tumultuous mul- titude should appear to be accompanied with the pomp and pageantry of war or witli military array : insurrection and rebellion are more humble in their first iumhiiticy ; but all such external marks of force Will not fail to be added with the first gleam of success. In case, therefore, any indictment for high treason should be founded on the levying of war, or the compassino. or intending to levy war against the Q.1112C11, you will in the first place direct 'your attention to the evidence which shows the object and motive of the rising—whether it was to effect sonic general and public end, in which time whole community are con- cerned equally with insurgents, such as the introduction of' any great change or innovation in the government of the laws of the land by dint of numbers or violence, or whether it was confined to the effecting of any private, or local, or particular object; and it will be convenient thut you should, hi the next place, advert to the overt acts alleged on the face of the indictment, and then determine for yourselves whether they or any of them are proved by two wit- nesses in the manner before adverted to, one of such overt acts beiug of neces- sity to be proved to have taken place in this county in order to rive you juris- diction. Gentlemen, it may be proper to inform you, that in the case of trea- son the law knows no distinction between principal and accessory. All who partake in the treason incur the same guilt, and are liable to the same punish- ment. The treasonable design once established by the proper evidence, the man who instigated, incited, procured, or persuaded others to commit the act, though not present ins person at the commission of it, is equally a traitor, to all intents and purposes, as the man by whose hands the act of treason is coins milted. He who leads the armed multitude towards the point of attack, and then retires before the blow is struck—he who remains at -home planning sod dissecting the proceedings, but leaving the actual execution of such plans to more during hands—he Who, after treason has becu committed, knowingly har-

boars or conceals the traitor from the puniehment due to him, all these are equally guilty in the eye of the law of the crime of high treason."

Charges of another description might be brought before the Grand Jury— He who shoots or attempts to shoot or wound another, is, as you well know, under certain circumstances, guilty of felony, notwithstanding the very same act, when considered with a reference to other circumstances, may amount to the crime of high treason. Again, bills of indictineut may be preferred against some who participated in the unlawful meeting, but to a less degree, charging them only with the offence of riotously and seditiously assembling themselVes together. But with respect to such charges, gentlemen, conversant

n

as to are in -the laws relating to offences of that nature, I hold it to be untie- ces-ny to offer a single observation."

He could not conclude his charge without an expression of sincere Nerd for the occasion of it, and of hope that in a great majority of the eases the prisoners would be found to have been misled through ig- norance by the arts of wicked and designing men : and he added- 1 ean suggest no remedy which can be applied successfully to counteract a state of mind and feeling so unhealthy and diseased, and infecting so large a portion of the community, except the diffusion amongst them of the benefits of relivious instruction, and of a sound religious education amongst the rising „oencra-tion; so that as the younger part of the community advance to man- hood, they may feel the conviction of the wholesome truth that they are bound to yield obedience to the laws of their country, not from the terror only which the law inspires, but from a much higher and more binding motive, the fear of the Almighty, and front the thorough belief that the 'powers which be are ordained of God.'" The Grand Jury retired, and proceeded to swear in witnesses. The Court adjourned to eleven o'clock on Wednesday. At three o'clock on that day, Lord Granville Somerset and the Grand Jury announced, that they had found true bills for high treason against the following per- sonS— John Frost, late of Newport, in the county of Monmouth, draper ; Charles Waters, late of the same place, labourer;

John Lovell, late of the same place, labourer; Richard Bentield, late of the same place, labourer: John Rees, late of the same place, labourer;

George James, otherwise George Cole, late of the same place, labourer ; Zephania Williams, late of the same place, labourer;

Edward Edwards, late of the same place, labourer; Jenkin Morgan, late of the same place, labourer; Solomon Britton, late of the same place, labourer;

-William Jones, late of the same place, labourer;

antes Aust, late of the same place, labourer ; Jelni Rees, late of the same place, labourer; David Jones, late of the same place, labourer.

True bills were also returned against Amy, wife of James Meredith, Thomas Key, George George, and William 1Villiams, for burglary. Chief Justice Tindal then informed the Grand Jury, that their at- tendance would not be required before the 31st of December ; to which day the Court would be adjourned. The prisoners were brought into Court, and addressed by the Chief Justice- " Prisoners, you have been called into Court for the purpose of being in- formed that the Grand Jury of this county have flutist a bill for high treason against each of you ; and also for the purpose of being informed, that there will be a copy of the indictment, and a copy of the panel of the Jury, before whom you are to be tried, delivered to you In due time, In the mean time, I wish to know if any of you wish for counsel or solicitors to be assigned you for your defence. For the present, if you are not prepared to have any particular person to be appointed as your counsel or solicitor, and if any application be made before the time of your trial, attention will he paid to it, and an order made accordingly. In the mean time, your trial will not take place until the 31st of the present month of December; until which this Court is adjourned."

Mr. Owen, a solicitor, applied to the Court for an order that the money taken front Zephania Williams and other prisoners should be returned ; and Mr. Wightman, for the Crown. having consulted Mr. -Mettle, the Crown Solicitor—who made no objection—the application was complied with. It was ordered that the prisoners should be sup- plied with the depositions which referred to their own cases ; and the Court promised " at another time" to take into consideration the appli • Cation of John Rees, to have a solicitor and counsel named for his

defence. •

It was noticed that Frost was much dejected ; Waters, lively, talka- tive, and even jocular ; Zephania Williams, much improved in appear- anee ; and the other prisoners downcast in look and heavy in spirit. They were all removed to prison under a strong escort of Lancers. The number of working inen present during the proceedings was very small, but the neighbouring gentry and their families attended in great numbers.

The counsel for the prisoners are Sir Frederick Pollock, Mr. Kelly, Mr. Thomas, and Mr. Stone.

On Thursday, John Gibbv was committed for high treason, by the Kimmouth Magistrates. The principal witness WaS David Herring, a labearer. Gibbet said after his committal—" The biggest rogue has this day turned King's evidence."

The Western 17m/it:Woe, the unstamped paper carried on in the name of Vincent, has been seized by the Magistrates at Cardiff, who sent the " intercepted packet" to the Home °thee. Another seizure of the I 7u- d1- 'ft was made at the agent's in Newport, by the Home Secretary's order.