HC Deb 22 February 1819 vol 39 cc545-7
Mr. Alderman Waithman

presented a Petition from Richard Carlile, bookseller of Fleet-street, complaining that he had been vexatiously arrested and imprisoned, for selling certain publications, at the time that an indictment had also been laid against him. He prayed for relief, and the repeal of the grievous law under which he had suffered. On presenting this petition, the worthy alderman thought it necessary to state, that he knew nothing of the circumstances of the case; but the petition having been placed in his hand for the purpose of being submitted to the House, he had thought it bits duty to comply.

The Petition was then read, and is as follows: To the Honourable the Commons of Great Britain and Ireland, in Parliament assembled.—The petition of Richard Carlile, of Fleet-street, in the City of London, Bookseller.

"Humbly sheweth;—That your Petitioner in consequence of a bill brought into your honourable House by his majesty's then attorney general, sir Vicary Gibbs, intituled, ' An act to enable his ' majesty to hold to bail in cases of libel,' has repeatedly been exposed to a frivolous and vexatious arrest.

"That your petitioner, on or about the 14th of August, 1817, was arrested on the authority of three warrants issued by Mr. Justice Holroyd on the oath of one Griffin Swanson, a common informer, who deposed, that your petitioner had published three several impious and profane libels. That pursuant to that arrest, your petitioner was committed to the King's-bench prison by Mr. Justice Holroyd in default of bail required on the three several warrants. That your petitioner was confined in the aforesaid prison until the 20th December, of the year aforesaid, when he was liberated on his own recognizances, without any opportunity of justifying his conduct before a jury of his countrymen, or rescuing his character from the reproach which had wantonly been heaped upon it.

"That your petitioner on the 16th of January, in the present year, was informed that a bill of indictment had been found against him, by the grand jury then sitting at the Old Bailey sessions, on the oath of one Charles Jones, a common informer, who deposed also that your petitioner had published a certain impious and profane libel, intituled 'The Theological Works of 'Thomas Paine,' and that your petitioner to prevent an arrest, did put in bail to appear and answer to such charge. That on the 19th of January in the year last aforesaid your petitioner having found that a writ of Certiorari had been obtained to remove the said indictment into the court of King's bench, your petitioner caused a notice to be served on the proper parties that your petitioner would appear in the court of King's-bench on the first day of the following (Hilary) term, and then and there answer to such indictment or any other indictments or informations that might then and there be preferred against him and put in such bail as the court may require. That your petitioner did accordingly put in bail to appear and answer to the said indictment, and also to an information which had been filed ex officio, against the said publication by his majesty's attorney general, sir Samuel Shepherd, knt., and your petitioner left the court with an idea that he had fully satisfied the prosecuting parties of his appearance to defend his intentions in publishing the said alleged libel.

"And further sheweth, that your petitioner, conscious of the rectitude of his intentions, did continue the sale of the said alleged libel, thinking that the oath of a common informer was not sufficient authority to induce your petitioner to put the construction of an impious and profane libel on the said publication, and intended to have continued the sale of the said publication until your petitioner should have had an opportunity of submitting the said publication and his intentions for publishing it, to a jury of his fellow citizens.

"That your petitioner, to his great surprise and injury, was again arrested on the 11th of February in the present year aforesaid, on a warrant issued by the lord chief justice Abbott, which warrant, amongst other things, sets forth on the affidavit of George Prichard and Thomas Fair, that your petitioner had been proceeded against by an indictment for the said publication, that your petitioner had entered into recognizance to plead to the said, indictment, but that since your petitioner had entered into the said recognizance, your petitioner 'had sold another copy of the said libel, for which last mentioned offence the said George Prichard intends to prosecute.' That your petitioner was brought before Mr. Justice Holroyd, at his chambers in Serjeants' Inn Chancery lane, and by him committed on the said 11th of February, to his majesty's gaol of Newgate.

"And your petitioner further prayeth that your honourable House will of its wisdom take into consideration the necessity of repealing the said grievous and oppressive law which by its provisions enables the common informer or perjured villain, with the aid of a partial judge, to harass and injure his majesty's unoffending subjects. And as in duty bound, your petitioner will ever pray, &c.

"RICHARD CARLILE."

Ordered to lie on the table.