The prisoner denied that he had printed the libels. On this point it seems reasonable that, since the evidence has not come down to us, we should give credit to the judges and the jury who heard what the witnesses had to say.
One argument with which Anderton had been furnished by his advisers, and which, in the Jacobite pasquinades of that time, is represented as unanswerable, was that, as the art of printing had been unknown in the reign of Edward the Third, printing could not be an overt act of treason under a statute of that reign. The judges treated this argument very lightly; and they were surely justified in so treating it. For it is an argument which would lead to the conclusion that it could not be an overt act of treason to behead a King with a guillotine or to shoot him with a Minie rifle.
It was also urged in Anderton's favour,--and this was undoubtedly an argument well entitled to consideration,--that a distinction ought to be made between the author of a treasonable paper and the man who merely printed it. The former could not pretend that he had not understood the meaning of the words which he had himself selected. But to the latter those words might convey no idea whatever. The metaphors, the allusions, the sarcasms, might be far beyond his comprehension; and, while his hands were busy among the types, his thoughts might be wandering to things altogether unconnected with the manuscript which was before him. It is undoubtedly true that it may be no crime to print what it would be a great crime to write. But this is evidently a matter concerning which no general rule can be laid down. Whether Anderton had, as a mere mechanic, contributed to spread a work the tendency of which he did not suspect, or had knowingly lent his help to raise a rebellion, was a question for the jury; and the jury might reasonably infer from his change of his name, from the secret manner in which he worked, from the strict watch kept by his wife and mother, and from the fury with which, even in the grasp of the messengers, he railed at the government, that he was not the unconscious tool, but the intelligent and zealous accomplice of traitors. The twelve, after passing a considerable
