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book_n	author_n	part_n	write_v	2,284	5	5.4903	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A38938	An exact narrative of the tryal and condemnation of John Twyn for printing and dispersing of a treasonable book with the tryals of Thomas Brewster, bookseller, Simon Dover, printer, Nathan Brooks, bookbinder, for printing, publishing, and uttering of seditious, scandalous, and malitious pamphlets : at Justice-Hall in the Old-Bayly, London, the 20th, and 22th of February, 1663/4.	Twyn, John, d. 1664.; Brewster, Thomas.; Dover, Simon.; Brooks, Nathan.	1664 (1664)	Wing E3668; ESTC R15143	52,156	88

Mr. Serj. Morton By whose direction Walker I had no order for it I brought it down and went to set it against a post and it fell in peices Serj. Morton Did you ask your Master who delivered him this Copy to Print Walker I did ask him two several times but he made no answer Lord Hide Did he not say He would not tell you or that it was no matter to you nor nothing Walker Yes he did afterwards say it was no matter to me Mr. Record Did not your Master nor fellow-apprentice tell you who brought the Coppy Walker No. Mr. Record And did not you know Walker No. Serj. Morton Was he not used to tell you the Authors of books that you printed Walker The Authors he did not but for whom they were printed he used to tell me My Lord I humbly beg pardon for what I did I was his Apprentice Lord Hide How many sheets did you print Walker Two Reams on a sheet which makes 1000. Lord Hide The first page being the Title of it your Master brought to you to compose At the same time when you were composing one part your Master was composing another part of the same sheet in the next room And part of it your Master did print as well as compose I think you said this Walker Yes Lord Hide Likewise that the proofs were carried to him to overlook and he brought them back within an hour or an hour and half after and laid them down in the work-house and that you saw the hand of the amendments but you cannot swear it was his only you say that it was not unlike it and that he had corrected former sheets that you had printed and that the hand with which he corrected others and this was alike and that there was no stranger in the house to correct it Walker Not that I saw Lord Hide This is the substance of what you said Walker Yes Mr. Record Did your other man or you ever correct Walker No. Mr. Record Did he use other Correctors at any time Walker Yes about some books Mr. Record What Books Walker Hookers Ecclesiastical Policy Lord Hide You did rise to work at two of the clock in the morning about it and your Master said when you told him Mr. L'Estrange was below that he was undone Walker It was so my Lord. Mr. North Mr. L'Estrange Pray tell my Lord and the Jury of your taking this Mr. L'Estrange My Lord I do remember that three or four daies or thereabouts before the twelfth of October last I had notice of a Press that had been at work for several nights in Cloth fair and imployed a person to watch the house who told me that they still gave over early in the morning at day light or soon after At length intelligence was brought me in these very words That now they were at it as hard as they could drive which was about four in the morning I arose went to one of the Kings Messengers and desired him to take a Printer by the way who did so and I call'd up a Constable and so went to Twyns house where we heard them at work I knocked a matter of a quarter of an hour and they would not open the door so that I was fain to send for a Smith to force it but they perceiving that opened the door and let us in there was a light when we came but before the door was opened it was put out when I was got up stairs and a candle lighted I found a form broken that is the letters dispersed only one corner of it standing intire which was compared by a Printer that was there with a corner of a page newly printed and appear'd to be the same This form was brought down out of the Press room into the composing room As yet we could not find the whole Impression but at last they were found thrown down a pair of back stairs I remember they told me the Impression was a thousand I asked him where he had the copy he told me he knew not it was brought to him by an unknown hand I told him he must give an account of it he told me at last he had it from Calverts Maid I ask'd him where the copy was he told me he could not tell when I speak of the Copy I mean the manuscript we searched near two hours and could not find it and at length went thence to the Constables house in Smithfield and staid there a while with the prisoner I asked him Mr. Twyn said I who corrected this sheet Alas said he I have no skill in such things who revised it then who ●i●ted it for the Press Truely I had no body but my self I read it over What thought you upon reading it Methoughts it was mettlefome stuffe the man was a hot fiery man that wrote it but he knew no hurt in it Serj. Morton When you had taken these sheets were they wet or not Mr. L'Estrange They were not only wet but half of them were imperfect printed only on one side missing the copy I told him after he was carried to Whitehall Mr Twyn said I it may possibly do you some good yet to bring forth this Copy if you will be so ingenuous to produce the Copy and discover the Author you may find mercy for your self pray therefore get this copy perchance I may make some use of it After that his servant Bazilla Winsor brought out this part of the Copy producing a sheet of the Manuscript in Court Lord Hide Joseph Walker was the whole copy of this book in the house at that time when you composed that which you did Walker I cannot tell I saw it but sheet by sheet Mr. Recorder Did not you see the whole intire Copy in your Masters hand Walker No but taking some part of the Manuscript in his hand said this is the hand that I composed by Mr. Record Mr. L'Estrange where had you the entire Copy Mr. L'Estrange It was only the Copy of the last sheet that I took in the Press Mr. Record Who helped you to that Mr. L'Estrange Bazilla Winsor by direction of the Prisoner as I conceive for I told him if you can help 〈◊〉 to the Copy it may do you some good and soon after part of it was brought me by her I asked Mr. Twyn further How did you dispose of those sheets which you had printed those several heaps whether are they gone He told me he had delivered those sheets to Mistriss Calverts maid at the Rose in Smithfield Mr. Record You say he told you Mistriss Calverts maid received them of him Did you since speak with that maid Mr. L'Estrange I was long in searching Twyns house and one of his Apprentices made his escape and probably gave notice of it for the night I went to Mistriss Calverts house she and the maid too were fled I have since taken the Mistress and she is now in custody I have heard nothing of the maid since J.

trying your Neighbours may come Brewster My Lord I shall desist for the present Serj. Morton May it please your Lordship and you Gentlemen of the Jury I am of Council for the King against Tho Brewster Bookseller that stands here Indicted for that he contrary to the duty of his Allegiance which he owes to our Soveraign Lord the King he did cause maliciously a seditious and scandalous Book to be printed wherein there are divers scandalous clauses contained that are in disparagement of the Kings Royal Prerogative and against his Government Crown and Dignitie and likewise that he has sold and uttered the same Books in contempt of his Majesties Laws This is the effect of the Indictment it has been proved to you by four Witnesses that for which he stands Indicted First that he did cause part of the Book to be Printed that 's clearly proved by Creek likewise that he has sold and uttered those Books in his Shop nay he confesses that he did and saies they were sold openly as a Diurnal and therefore he thinks it was lawful for him to do it he has gone about to make a defence of this his seditious behaviour he tells you he did not print all the Book it is not said that he printed such and such a Letter of the Book but that he caused such a Book to be printed and it is to be presumed if he caused one part he would cause the other or otherwise it would be a Book of maimed sence and imperfect Gentlemen for the uttering and selling of them that himself confesses you have heard the excuses he hath made whether you will not find him Guilty of this crime that I must leave to you and to the direction of the Court. L. Hide You of the Jury you see the Indictment is for causing a libellous and seditious Book to be printed under such a Title that is The Speeches and Prayers c. It is for causing this seditiously factiously and wickedly to be printed and for selling and publishing it abroad to the Kings people For the matter of Evidence you have heard it I will not repeat the particulars to you only something to what he has said that you may not be misled First He saies it does not appear that he did it maliciously or knowingly there are some things that you that are of the Jury are not to expect Evidence for which it is impossible to know but by the Act it self malice is conceived in the heart no man knows it unless he declares it As in Murder I have malice to a man no man knows it I meet this man and kill him the Law calls this malice If a man speak scandalous words against a man in his calling or trade he laies his action Malice though he cannot prove it but by the words themselves If I say a Printer or Stationer is an ignorant person has no skill in his Trade I would not have any man to deal with him he understands not how to Set Letters or the like here is nothing of malice at all appears yet if you bring your Action you must lay it Maliciously it is the destroying your Trade and you will have damages I instance in this particular that you may see there is malice supposed to a particular private person in that slander much more to the King and the State The thing it self in causing a Book to be printed that is so full of scandals and lies to inveigle misguide and deceive the people this is in construction of the Law Malice though no malice appear further The next is this factiously seditiously knowingly This carries sedition as well as malice Such a barbarous transcendent wretch that murdered his Prince without the least colour of Justice to declare that he rejoyced in his bonds and that the Martyrs would willingly come from Heaven to suffer for it horrid blasphemy all the Saints that ingaged in it to wish that they had sealed it with their blood what can you have more to incourage and incite the people to the killing of Kings and murdering their lawful Prince This they publish and say it was spoken publickly let it be upon his own soul that did it for in case he did it no man knew it but those that heard it But to publish it all over England 3000 of the first Impression and a second This is to fill all the Kings Subjects with the justification of that horrid murther I will be bold to say Not so horrid a villany has been done upon the face of the earth since the crucifying of our Saviour To Print and publish this is Sedition The next thing is your Trade I have a Calling to use and I may justifie the using of it so long as I use it lawfully but that must not justifie me in all manner of wickedness against the King and State As if a Lawyer I will put it in my own Coat pleads a mans Cause and against the King this is justifiable he ought to plead for his Client but he must plead as becomes him if a Lawyer in defence of his Client will speak Sedition do you think he is free from being punished so of a Printer if a Printer prints seditious and factious Books he must look to himself that 's no part of his Calling to poison the Kings people so though printing of a Book be lawful he must use it as the Law appoints him and not to incite the people to faction Writing of Letters you know it is common and lawful but if I write Treasonable Letters give notice to Rise do such and such unlawful acts I am to be punished for these Letters A Printer he is a publick Agent he is to do what he is able to answer or else he must take what follows He saies there was no Act against bim It is true you see he is not Indicted upon the Statute but at the Common Law for an offence in the nature of a Libel If I were a Printer and would compile a Pamphlet against a man though not in Authority and disparage him this is the publishing of a Libel and an offence for which he ought to be Indicted and punished by the Common Law and he that prints that Libel against me as a publick person or against me as Sir Robert Hide That Printer and he that sets him at work must answer it much more when against the King and the State Another thing is this he talks to you of dying mens words if men will be so vile to be as wicked at their deaths as they had been in their lives put the Case of that man on Saturday convicted for printing a horrible villainous thing if he will be so unchristian to himself as to justifie this at his death or to speak as bad as he had caused to be printed is that a Justification to publish them because they are the words of a dying man God forbid a Robber declares at the Gallows it is for a

An Exact NARRATIVE OF THE Tryal and Condemnation OF John Twyn FOR Printing and Dispersing of a Treasonable Book WITH THE TRYALS Of Thomas Brewster Bookseller Simon Dover Printer Nathan Brooks Bookbinder FOR Printing Publishing and Uttering of Seditious Scandalous and Malitious Pamphlets At Justice-Hall in the Old-Bayly London the 20 th and 22 th of February 1663 4. Published by AUTHORITY London Printed by Thomas Mabb for Henry Brome at the Gun in Ivy-lane 1664. To the Reader IT is by Authority that these Tryals are Published and exact care has been taken that the Criminals may be as fairly used in the Narrative as they were at the Bar and how they were there dealt with let the Reader judge It may be noted in the first place that of Four Lives forfeited to the Law the Kings incomparable Clemency would take but One for as the Lord Chief Justice Hide often and excellently observed It was only his Majesties Mercy toward the other three to call that a Misdemeanour which the Law calls Treason In the next place may be observed the Tenderness of the Court not only in the large allowances of Freedom and Favour to the Prisoners while they were upon their Tryals but in the Adjournment of the Sessions from Saturday till Munday only for their sakes that they might want nothing which even they themselves thought necessary for their defence And Thirdly It is considerable That the One half of the Jury were Book-sellers and Printers whose Interest lay against the Verdict if they had not been Governed by a stronger Impulse of Loyaltie and Justice To descant upon the Hainousness of their Offences is not within the Prefacers Commission neither shall any mention be made unnecessarily of their Names but to speak one word concerning the Books Themselves for which they have suffered and Another touching the Reasons of laying open to the World what is here Exposed will not I presume be altogether Impertinent or Vseless Of the Treatise for which Twyn dyed a little shall suffice It was Moulded and Timed for the 12 th of October and any man that shall compare the Cast and Bias of it with the Rebels late Declaration in the North will swear that they were Both written with the same Ink. It was in fine an Arrow drawn out of a Presbyterian Quiver Lex Rex The very Shaft that formerly pierced the Late King through the Heart now Levelled at This. As to the Pamphlets whereupon the other Three were Indicted viz The Speeches and Prayers of some of the late Kings Judges c. Be it known to the Reader that this Book was not as it pretends to be a true account of the words written or spoken of dying men but a meer Forgery and Imposture Fathered upon those that were Executed but contrived by the Traytors that scaped as deeming it their safest way to publish the designs of the living in the words of the dead and the most conducing to their Project of destroying the Present King to perswade the Multitude into a good Opinion of the Murder of the Last To conclude Notorious it is that the whole Libel is a Cheat the Letters and Speeches a Counterfeit and framed only by Recommending one Rebellion to stir up Another The Phaenix whereupon Brewster only was Indicted was Printed soon after the burning of the Covenant by Order of Parliament and bears for the Device a Phaenix Rising out of the Flames The Drift of which Book is to Charge Damnation upon the Deserters of that Impious League and to Authorize a Rebellion Upon the whole Businesse These are but Three of above Three Hundred several Sorts of Treasonous Seditious Schismatical and Scandalous Books Libels and Papers Printed since His Majesties Return which are already Gathered into a Catalogue and the Pamphlets Themselves in Readinss to be produced whensoever Authority shall Require it Beside Those Numbers that have Escaped the Observation of the Collector If there be any Man that will yet pretend to doubt of a Settled Formal Plot against His Sacred Majesty and the Establish'd Government let him but advise with these Horrible Luxuriances of the Press and he shall either Renounce his Reason or Confess that The Generality of all the Separate Factions within the Kings Dominions are Engaged in the Conspiracy And it is no more wonder to find a People Distemper'd that 's entertain'd with Poyson instead of wholesome Nourishment then to see the Sea Rage when the Winds blow Thus much said might seem to give the Disaffected Party a greater Reputation then Convenient were it not that their maine Design has lately suffered so Fatal a Disappointment that many of them are at this Instant under a Course of Justice Others in Custody and Expecting it and the Residue neither in Humour nor Condition to prosecute the Quarrel Being so fully satisfied of the Vigilance Power and Activity of the Kings Friends which in Effect are as many as either Love the Publique or themselves that they find it morally impossible for them ever to bring any Villanie to Perfection upon so desperate a Bottome Beside that they have Undeceived the World and made appear to His Sacred Majesty that all Mercy is lost upon them To pass now to the Reasons of Publishing this Relation and there to make an End First There has not been any One Traytor cut off by the Stroke of Justice since the Blessed time of His Majesties Restauration whose Case and Tryal has not been Surreptitiously Printed and Published and impudently in Justification of the Offender with most Scandalous Reflections upon the King and His Government Except the Late Tryals in the North which are violently presumed to be at this Instant upon the Forge So that To Prevent mis-informations is one Reason of Publishing This Narrative A Second is To manifest the Insufferable Liberties of the Presse and the Necessity of bringing it into better Order Thirdly and Lastly It is Published for a Caution to all Persons whatsoever that they may see the Hazzard of Dispersing of Books as well as Printing of them and to the end that none presume to flatter themselves with an Expectation of coming off in Cases of Treason and Sedition upon the Plea of Trade or Ignorance His Majesty being Justly Resolved upon a Strict and Necessary Severity toward all Offenders in that Kind for the Future Five several Indictments Beeing drawn up viz. One of High-Treason against John Twyn Printer and the other Four for Sedition viz. Two against Thomas Brewster Book seller One against Simon Dover Printer and One against Nathan Brooks Bookbinder were Presented to the Grand-Inquest in London at the sessions of Goale Delivery of Newgate holden at Justice-hall in the Old Baily the 19th day of February 1663. Except that against Brooks which was found the day following by the same Inquest And after divers Witnesses were Sworn and Examined before the said Grand Inquest the said Bils of Indictment were severally returned Billa vera The Names of the said Grand

Morton Did you hear this man say that he had corrected it Wickham No but I having him in custody at my house I asked him about it he said It was a very bitter thing that it was his unhappy fortune to meet with it Jury Did he confess he Printed it Wickham Not to me Serj Morton He said It was a Bitter Thing and that it was his unhappy Fortune to meet with it make the best of tha● compare that with the rest of the Evidence William Story Sworn Gentlemen of the Jury Upon the seventh of October last early in the morning I was sent for to Mr. L'Estrange into Cloth fair we went to the house of this Twyn after some time knocking they went up stairs and brought down several papers I know not what they were I went into the next house with Mr. Wickham and there we found two or three hundred sheets and brought them to Mr. L'Estrange I asked the Prisoner at my house whether he could not write or read he said Yes did not you use to read what you Printed he said Yes did not you know Treason when you read it It was a fury thing I did not mind it much but I should have got money by it Mr. Mabb He owned he had but a very small price for the doing of it Mr. Joseph Williamson Sworn That which I can say is That I know this looking upon a paper to be my own hand writing and to be the examination taken of this Twyn I took it and he owned it after it was written Serj. Morton What was the substance of it L. Hide What did he confess before Mr. Secretary when he was examined Mr. Williamson He said that the Copie of the Book was brought to him by one Evans maid to Mistris Calvert that for the Author being asked if he knew him he said he did not and that he had seen the Copie of three sheets of the Book that he had Printed only two of those sheets a thousand exemplaries of each Serj. Keeling Did he confess that Mr. Williamson Yes and further that he had delivered them to this Evans at the sign of the Rose in Smithfield that he himself had corrected those sheets he had Printed and that he had read them after they were Printed that for his pains and Printing of them he had received fourty shillings in part from this maid at the delivery of them at the Rose that the maid carried away those Exemplaries from the Rose and that he parted with her at the door Serj. Morton I hope you observe Gentlemen we have now done we desire the Prisoner may give his answer to it and then we shall make our reply L. Hide What say you you have heard the Witnesses and what is laid to your charge Twyn I did never read a line of it in my life L. Hide That 's impossible I 'le tell you first your own man who set part swears you did both Set and Print part of this Book your self you gave him the title to Set you composed one part of the Book whilst he was Composing another part Is it possible you conld Compose and not read a line of it He tells you further wheu the first Sheet was Printed he brought it into the Kitchin and laid it down knew not of any one in the House but your self About an hour or an hour and a half after you brought it back again Corrected laid it down and the hand that Corrected it was not unlike your hand upon other Corrections of Books Pray Brother Morton Let the Jury have Books and Mr. Lee Read the Indictment that they may see they agree Serj. Morton I observed to you there were Thirteen Treasonable Paragraphs you shall find them marked out in the Margent L Hide You shall see there are Treasons with a Witnesse see the very Title Mr. Lee. Reads the Title of the Indictment A Treatise of the Execution of Justice wherein is clearly proved that the Execution of Judgment and Justice is as well the Peoples as the Magistrates Duty and if the Magistrates pervert Judgement the People are bound by the Law of God to execute Judgement without them and upon them L. Hide That you gave to your man to set Mr. Lee reads It is one of the Scarlet Sins of this Nation that the People suffer their Rulers c. The Particular Passages are too Impious to be Published and indeed too Foul to be Repeated but in Substance Those mentioned in the Indictment are as follows First The Supream Magistrate is made Accomptable to the People Secondly The People are Rebelliously Incited to take the Menage of the Government into their own Hands Thirdly They are Animated to take up Armes not only against the Person of His Sacred Majesty but likewise against the Royal Family Fourthly They are Stirred up to a Revolt in that very Term as an Action Honourable and Conscientious making Publication in the next Clause of Encouragement to any Town City or County in the Three Nations to begin the Work Fifthly The People are Laboured not only to cast off their Allegiance to the King but in Direct Terms to put His Sacred Majesty to Death And to the purposes before mentioned tends the whole Scope of the Treatise Serj. Morton You may judge of the rest by this we will not put you to any more expence of Time there hath been sufficient Treason in that which you have read L. Hide Now say what you will but I must tell you in those particulars that have been compared there is as much Villanie and Slander as is possible for the Devil or man to invent It is to destroy the King in his Person to Rob him of the Love and Affections of His People to Destroy the whole Family and all Government Ecclesiastical and Civil and this Read by your self Owned and Caused to be Printed Twyn Except it was that sheet that Mr. L'Estrange read to me when I was taken I never heard it before nor read it L. Hide Your man swears that you did Set and Print part of it it 's impossible to Compose and Set but you must Read it nay you did Examine and Correct the sheets brought them up again Mr. L'strange swears you confessed you read it over it was Mettlesome stuffe Mr. Dickenson sayes you did not say you read it over but he saying to you it was impossible you should Set it and not Read it You told him also It was Mettlesome Stuffe You could not Judge it to be Mettlesome Stuffe but you must read it There is Mr. Williamson sayes that you confessed before Mr. Secretary Bennet that you had seen three Sheets Printed off two Sheets Corrected those two Sheets and after Printed and delivered them and that you had 40● in part of Payment Besides this when Mr. L'Estrange came first you were up nay at two a Clock in the morning when they came and knocked at the Door they heard Presses going you would make no answer till

they call'd a Smith with intent to force it open when they came in they found a Form brought out of the Printing Room and broken all but one Corner That taken up by a Printer and compared with the Lines of the Printed Sheets and found to agree Some of the Sheets were Printed on one side only the rest perfected you threw them down Stairs part into your Neighbours House Said You were undone when you understood Mr. L' Estrange was there What needed all this but that you knew what you were doing And did it purposely to do mischief Twyn I did never Read or hear a line of it but when Mr L' Estrange read it when I was taken Judge Keeling Was it printed at your House or no Twyn I know not but that it might not that I did it with my own hand Judge Keeling The papers were found wet wi●h you who was in your House Twyn My two Servants Judge Keeling Did any set them at work but your self did they work of their own heads Twyn I did use to set them at work but I did not set them on that particular work L. Hide Have you any thing else to say God forbid but you should be heard but the Jury will not easily believe such denialls against so much Evidence Judge Keeling Tell us to whom you carried this Copy to be Corrected Twyn I know not who Corrected it L. Hide If you have any thing to say speak it God forbid but you should have a full hearing say what you will Twyn I say I did not read it nor heard it till Mr. L'Estrange Read it L. Hide Have you any thing else Twyn It 's possible I may upon Consideration L. Hide We cannot spend all the day I must let the Jury know they are not to take your Testimony Serj. Morton I am of Councel for the King I shall reply if he will say no more Judge Keeling You have heard your Charge this is your time to make your Answer if you do not speak now you must not speak after therefore if you have any thing to speak in your Justification or witnesses to call now is your time L. Hide Let me give you this Caution we cannot spend time in vain we have other business before us and it grows late The best Councel I can give you is this You said at first that You desired to be Tryed in the presence of God You are here in the presence of Almighty God and I would to God you would have so much care of your Self and do so much right to your Self to declare the Truth that there may be means of mercy to you The best you can now do toward amends for this Wickednesse you have done is by discovering the Authour of this Villainous Book If not you must not expect and indeed God forbid that there should be any mercy towards you Twyn I never knew the Author of it nor who it was nor whence it came but as I told you L. Hide Then we must not trouble our selves Did you never see the hand before with which this Copy was written Twyn No. L. Hide I am very confident you would not then have been so mad as to have taken such a Copy A Copy fraught with such abominable Treason and Lies Abusing in the first place the late King that is dead who was I 'le be bound to say it as Virtuous Religious Pious Mercifull and Just a Prince as ever Reigned and was as Villainously and Barbarously used by his Rebellious Subjects Nay you have not rested here but have fallen upon this King who has been Gentle and Mercifull beyond all President Since He came to the Crown He has spared those that had forfeited their Lives and all they had And he has endeavoured to Oblige all the rest of His People by Mildnesse and Clemency And after all this for you to Publish so Horrid a Book you can never make amends God forgive you for it Twyn I never knew what was in it L. Hide You of the Jury I will say only this that in point of Law in the first place there is no doubt in the World by the Law of the Land the Publishing such a Book as this is as High a Treason as can be Committed by this he has indeavoured to take away the Life of the King and destroy the whol Family and so consequently to deliver us up into the Hands of Forreigners and Strangers It is a great blessing that we have the Royal Line amongst us But I say there is no Question and my Brothers will declare the same if you doubt it that this Book is as fully Treason by the Old Statute as much the Compassing and indeavouring the Death of the King as possible and he rests not there but he incites the People to Rebellion to Dethrone Him to raise War And the Publishing of this Book is all one and the same as if he had raised an Army to do this The Proofe is that he Set part Printed part and Corrected it by his own Confession read it over it was mettlesome stuffe Confessed how many Sheets he Printed the Reward and Recompence you took notice of it and I presume no man among you can doubt but the VVitnesses have spoken true and for his Answer you have nothing but his bare denyal and so we shall leave it to You. Set Simon Dover to the Bar. Dover My Lord I pray time till Munday morning I have sent away the Copy of my indictment L. Hide The Sessions will be done to Night Mr. Recorder and the rest are to go away on Munday and therefore we must end to night Dover I beseech your Lordship I may have time till night L. Hide Men Clamour and say they are hardly used their Tryals being put off Are you content to lye in Goal till the next Sessions Dover No my Lord I have had enough of that we are willing now to have it Tryed L. Hide You have had a kindness done you that it i● not laid Treason and therefore go on to your Tryal But because you shall not say you are surprized if you will not go on now you must lye in the Goal till the next Sessions we cannot Bail you Dover My Lord the Indictment is full of Law and I understand not the Formalities of it I desire but till four a Clock L. Hide We must do it before we go to dinner or not at all for there is Judgement to be given to the Goal and all of us Judges are Commanded by the King to attend him to night Dover I am not able to plead to it L. Hide Then because you shall not say you had not all the Right imaginable we will dispatch the rest of the Goal to night and Adjourn the Sessions till Munday morning and you shall then have a fair Tryal by the help of God you and your Company Nathan Brookes and Thomas Brewster are you all desirous to be Tryed on Munday morning

give order for selling of them J. Keeling Did you sell any of them for him Bodvel I think I did sell some Serj. Morton VVere they in the Shop to be sold Bodvel Yes they were L. Ch. J. Hide Were they in the Shop publickly with the Title Page lying open upon the Stall as other books do when they are newly out Bodvel We seldom did so with bound books J. Keeling Where were the books found when they were seized Bodvel I think they were in some of the upper Rooms J. Keeling Where were they found by the Oath you have taken Bodvel That Mr. Lestrange can tell better then I I did not see him find any of them L. Ch. Ju. Hide By the Oath you have taken where was the place whence you were to fetch them when you were to sell them Bodvel In the Hall the Room over the Shop L. Ch. Ju. Hide Were they put up privately Bodvel They were so J. Keeling What private place was that Bodvel It was a hole in the wall J. Tirrel By whose direction were they said there Bodvel I know not whether by his or my Mistris J. Keeling Were not some found under the bed Bodvel I heard that Mr. Le●●r●nge found some of the Titles under the bed Serj. Mor. I think it is enough what say you to it Friend L. Ch. Ju. Hide Observe this and answer it it appears that you and two more Calvert and Chapman did agree with Creek for Printing this book several parcels drawn into one Volumn and you were to bear each of you a third part and to have a third part of the books he swears you did both pay your part and had your part of the books These books were Printed before so they were common enough and therefore you must needs know what was in them The third full part was brought to you and delivered by your appointment you gave a note how they should be disposed of and you owned them not in publick your own soul told you they were not to be justified two dozen were delivered privately to particular persons by your direction lay these things together and now answer them For the Indictment is that you caused such a Book to be Printed and published Brewster In the first place the Evidence does say that Mr. Calvert did acknowledge when he gave him the Copy to Print that he staid so long for me in order to be their Partner he that was the Collector of it together They were all printed before and printed by License for the books I never read them we seldome read the books we sell being they were before Printed and with License sold single as the Gentlemen of the Jury know I thought there was no Crime to print them all together It was done in an Interval when there were no Licensers we knew not where to go what has been Printed formerly we took it for granted it might be Reprinted till this late Act for Printing and this was done before this Act. J. Keeling Have you any more to say Brewster No my Lord I shall leave it to the Jury but my Lord here are now some Neighbours to testifie that I am no such person as the Indictment sets forth that I did Maliciously and Seditiously do such and such things L. Ch. Ju. Hide We will hear them though I 'le tell you it will not much matter the Law sayes it is Malice Capt. Sheldon Sworn My Lord all that I can say is he was ready at beat of Drum upon all occasions what he has been guilty of by Printing or otherwise I am a stranger to that I know he was of civil behaviour and deportment amongst his Neighbours J. Keeling It is very ill that the King hath such trained Souldiers in the Band. Capt. Hanson and others offered to like purpose L. Ch. Ju. Hide If you have a thousand to this purpose only what signifies it J. Keeling Are you his Captain Capt. Sheldon No my Lord Capt. Bradshaw L. Ch. Ju. Hide He should be casheir'd the Band not but that he should be charged with Armes I 'le tell you do not mistake your self the Testimony of your civil Behaviour going to Church appearing in the Train'd Bands going to Pauls being there at Common-Service this is well but you are not charged for this a man may do all this and yet be a naughty man in printing abusive books to the misleading of the Kings Subjects If you have any thing to say as to that I shall be glad to find you Innocent Brewster I have no more to say L. Ch. Ju. Hide Then you of the Jury there are some things in this Indictment as in the other necessary to be stated to you My Brothers and I have consulted here about it the Indictment is for causing a Factious and Seditious book called the Phoenix c. with divers other things therein to be Printed But pray let them see the Book and compare it with the Indictment Cl. Reads the Indictment and first the Title The Phenix or the Solemn League and Covenant Edinburg Printed in the Year of Covenant-Breaking A King abusing his Power to the overthrow of Religion Lawes and Liberties which are the very Fundamentals of this Contract and Covenant may be controlled and opposed And if he set himself to Overthrow all these by Armes then they who have Power as the Estates of a Land may and ought to Resist by Armes because he doth by that Opposition break the very Bonds and overthrow the Essentials of this Contract and Covenant This may serve to Justifie the proceedings of this Kingdom against the late King who in a Hostile way set himself to overthrow Religion Parliaments Lawes and Liberties The rest is much at the same Rate only now and then a spice of Blasphemy for the Credit of the Holy-League A greater Sin is the Breach of that Scotch Covenant according to our Author pag. 158. then a Sin against a Commandement or against an Ordinance c. L. Ch. Ju. Hide You of the Jury you see the Indictment agrees with the Book there 's a great deal of Mercy that this man hath not been Indicted of Treason for those very particulars you have heard are as high Treason as can be First He doth declare ` That the King abusing his ` Power the people may resist and take up Armes against him that 's express Treason without any more ado Then he tells you what a horrid thing it is to break that Solemn League and Covenant justifies the raising of Armes and Rebellion against the late King un-Throning and Murdering of him I tell you that Solemn League and Covenant was a most wicked and ungodly thing against the Law of God and the Law of the Land To have such Villanous stuff to be published it is a great Mercy of the King it had not been drawn higher You see the man is so far from acknowledging any Guilt that he justifies the Fact Brewster No my Lord I do