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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A63177	The triall of Henry Carr, gent, at the Guild-Hall of the city of London, the 2d day of July, 1680 upon an information brought against him in the Crown-Office, charging him to be author (as in the said information it is called) of a certain false, scandalous, and malitious book intituled, The weekly pacquet of advice from Rome, or the history of Popery, particularly for that of the 1 st. of August, 1680, which was the next Fryday after the tryal of Sir George Wakeman at the Old-Baily before the Lord Chief Justice Scroggs : also the tryal of Elizabeth Cellier, at Kings Bench bar, July the 11th, 1680, where she was cleared, and Mr. Thomas Dangerfield, the chief witness against her, for some defect in his pardon, committed to the Kings-Bench prison.	Care, Henry, 1646-1688, defendant.; Cellier, Elizabeth, fl. 1680, defendant.; England and Wales. Court of King's Bench.	1681 (1681)	Wing T2190; ESTC R2771	17,264	36

be such a Man and I hope the Gentlemen will believe us Call Mr. Sutton Mr. Ayliffe and Mr. Ambler Mr. W. Mr. Sutton do you know Mr. Carr Mr. Sutton I know him very well Mr. W. How long since have you known him Mr. S. Two or three Years Mr. W. Does he go to Church or Meetings Mr. S. He hath been with me at Church often R. Does he receive the Sacrament according to the manner of the Church of England Mr. S. I was never with him at the Sacrament Mr. W. Is he one of them you call Dissenters L. C. J. Did he ever discourse with you concerning this Book Mr. S. My Lord I have often spoken to him L. C. J. Has he disown'd he was the Author Mr. S. He has so sometimes L. C. J. How do you believe it was upon that Discourse M. S. I do think he is able to write such a Book L. C. J. That is not the Question answer me what I ask Mr. S. It did seem something like his Writing methought L. C. J. Did it seem by his Answer to your Discourse with him R. Pray tell us did you look upon him to be the Author L. C. J. By the discourse you had with him How did it appear upon that discourse Pray tell us plainly and clearly How do you think by the discourse you had with him concerning this Pamphlet whether he was the Author or no Mr. S. My Lord about a Year or a Year and an half since I did ask him whether this Book were Licens'd he told me it was Licens'd by Mr. L'Estrange but he did not tell me he was the Author L. C. J. How did it seem by his discourse Mr. S. I did apprehend he might write it Sir F. W. My Lord but the Question is whether he writ this Paragraph Mr. Ambler Mr. W. Mr. Ambler pray do you acquaint my Lord Do you know Mr. Carr Mr. Ambler Yes Sir L. C. J. How long have you knowd him Mr. A. Three Years Sir F. W. Of what Conversation is he and how affected to the Government Mr. A. He went to Church with me Sir F. W. Do you look upon him as a man well affected to the Government Do you think he would malitiously write any thing to scandelize the Government Mr. J. How do we know how Mr. A. understands the Government R. Mr. A. Had you any discourse with him about the Pacquet of Advice Mr. A. Never in my Life R. Did you ever hear of the Book Mr. A. Yes Sir R. Upon your Oath Did you look upon him to be the Author Mr. A. The common report was that Mr. Carr was Mr. Ayliffe Mr. W. Mr. Aliffe Do you know Mr. Carr Mr. Aliffe Yes Sir Mr. W. Is he a conformable Man to the Government in Church and in State Does he go to hear Common-Prayer Mr. Ay. I have seen him at Church and at Divine Service R. Did he behave himself reverently there Mr. A. Yes Sir L. C. J. Do you think he writ this Mr. A. My Lord I never asked him Sir F. W. My Lord it seems he was accounted the Author of Books but whether of this particular one in the Information we conceive not prov'd R. If we should not do right we disclaim that Service we owe to the Crown and that respect we owe to the Government as honest Men and as true Protestants and as much against Papists as any men whatsoever I shall endeavour to give the World satisfaction that this man is guilty of this Offence My Lord for any man to come and pretend that we must prove that a man is malitious or because that a Man writes against the Papists he must never therefore be convicted of Malice surely is a strange Argument And I wonder to hear any Man that pretends to reason Men of Sence and Conscience and Understanding so out of their common Sense and Understanding as to make that go as an Argument Gentlemen the things themselves bespeak their Malice For so we in our common discourse when we bring our common Actions of which you have heard a number if in Case any man call a man Thief we say he does falsely and malitiously and scandalously call a man Thief If we prove he called him Thief the very thing does intimate he does it falsly scandalously and malitiously Therefore the thing it self is a sufficient Indication of the Malice and Depravity of it There 's no man but may know in plain English what the meaning of these words It is as plain as can be in the World We must debauch our Understandings and be as great Doltheads as they would make all men that will be of their Party if we don't plainly see into the meaning of these words That Justice is to be bribed with Mony In the next Place Gentlemen we do not come and say that the Information lies against these very particular words that is a Mistake of the Information but the Information is that he did cause to be Printed and Published a Book in which among others there were such words as these though if they had been the very words themselves the very words have been proved Now there is no better Proof under the Heavens than the Proof we have offered The Printer himself he comes here and saies that Carr did acknowledge himself the Author and he did generally publish the Book I appeal if you do not Believe it This they would now come and excuse for they are glad to make a Rascal of any of their Party if they can but save a man that is Guilty But things come out with much difficulty and much straitness and I must say if ever any thing were an Instance of Popery then that man is one of the Jesuited'st Fellows that ever was for he does cant so like them that a man can't tell how to govern Who was it that should write these things Truly he had discourst with him about the matter Who sent the Boy Do you know Truly I can't tell and wonderfull great Snuffling and Canting before he comes to the business Besides what can there be more plain than the Proof Pieces before the Publishing To'ther Man sayes that he was the Man that fetched pieces from Carr's own hand and that he alwayes looked upon it that all did come from Carr. Now every man that knowes any thing of Printing knows this that after it hath first taken the Press it is alwayes carried back again to the Author to see whether it be done according to his mind and after that it comes to the Publick view And that this man Carr is the Author Mr. Sutton and the rest of his Witnesses if they speak according to Conscience they themselves looked upon this very Man to be the Author Their own Witness looked upon it so It was not only the Private Opinion of these Men but the General report of all So that my Lord had it not been necessary to the support of the Government I should

Why did you say just now you took it for granted that he was the Author and yet you say he hath denyed it and never owned it Why should you then Believe he was the Author P. I don't say my Lord he never owned it L. C. J. What tricks we have in this World R. I would ask the Gentleman I will not Quarrel with him at all if he thinks not in his own Conscience he has reason to Quarrel with himself Did he ever own it to you P. I don't remember he ever own'd it to me in so many words L. C. J. Did he treat with you in these Circumstances as if he were the Author P. Yes my Lord I grant that R. But do you Swear it is so We don't care for your granting I ask you upon your Oath did you ever discourse him as the Author of these Papers P. I supposed him to be the Author L. C. J. Did he deny it or baulk when you discourst him of this Matter P. My Lord I must needs say as I said before it was taken for granted Mr. W. You had it in Writing where are those Writings P. We seldom regard those Writings L. C. J. It is hard to find the Author it is not hard to find the Printer but one Author found is better than twenty Printers found Mr. W. My Lord I will ask this Man a Question Upon your Oath who brought you that Writing P. What Writing Mr. W. That by which it was Printed who brought you that Paper P. I don't remember particularly I had any of Mr. Carr himself Mr. W. Can you name the Person that brought this Paper or any one Person that brought any one Paper P. There was a little Boy Mr. W. Whose Boy P. Mr. Car's Boy R. Now it is out Mr. W. Name the Boy P. I do not know his Name Mr. W. Can you name another can you name any Body else P. Truely Sir I don't remember any Body else Mr. W. now I will ask you one thing Had you any Directions for the Printing this Paper L. C. J. To what purpose was this written Paper brought to you P. To be Printed my Lord. Mr. W. VVho gave Directions P. It was the Publisher that chiefly directed me Mr. W. VVho was that P. I have named him Mr. W. Name him again P. Curtis Mr. W. Did Car never direct you to Print this Paper P. He did not deal immediately with me R. VVhen the little Boy came who did you take him to come from from Mr. Carr or Mr. Curtis P. From Mr. Carr. L. C. J. He says he was Carr's Boy and that he came from him This I speak to the Jury and I promise you this if my Life and Fortune were at Stake I would be tryed by this Jury at the Bar and would do in this as in all Cases Mr. Car is looked upon as the Author of this Book that it either came from him or by his Order his Boy he can remember no Body else did bring it This is now remaining only are you sure Mr. Carr sent him saith he we talk't with Mr. Carr several times Sir F. W. Thus it is my Lord in the Information Maliciose illicite imprimi causavit publicavit Now I would only ask him a Question my Lord Whether or no did Mr. Carr own to you that he sent the Boy to have it Printed P. No Sir I think not L. C. J. That is the same Question asked before Did Mr. Car ever own it as his or no Upon your Oath did Carr own this Pacquet to be his when you discourst with him about ith P. My Lord I humbly crave your leave to explain my self I mean by the Discourse I had common Conversation as the drinking a glass of Wine but I know not that ever we discourst upon this thing L. C. J. I mean so When you talk't about this Matter Did you take it by his Discourse for granted that he was the man that publish't it P. I took it for granted because I had it from him L. C. J. What say you to this Have you blamed Carr for writing too sharply in this Book against the Government P. My Lord I do confess I have L. C. J. VVhat Answer hath he made when you blamed him for writing too sharply as you thought did he deny that he did it P. I do not remember that L. C. J. VVhat sort of Answer did he make to excuse it that he thought it not too sharp or did he say I care not P. My Lord I can't particularly say what Answer he made L. C. J. VVhen you blamed him by the Oath you have taken upon that Blame of yours did he deny he wrote it P. No my Lord I do not remember he did Mr. W. Did Carr at any time deny he was the Author or Publisher of it P. He hath at sometimes Mr. W. VVhat did he deny P. That he was the Author Mr. W. Of what Book P. Of the Pacquet L. C. J. Did he deny he was the Author of this particular Book for this week or deny it in general Did he deny in general that he was the Author of that Book that is called the Pacquet of Advice P. I have heard him say sometimes that he was not the Author R. And sometimes what P. I have heard him say sometime or other that he was not the Author R. And what else The Printers Servant Mr. W. Are you acquainted with Carr Man I never had any Converse with him Mr. W. Do you know any thing of the Pacquet of Advice M. I know we have had Pacquets from him I fetch 't some from him Mr. W. VVhat from his Hands M. Yes M. W. VVhat from his own hands M. Yes in pieces no whole Sheets P. This is my Servant I am not always there Sir F. W. My Lord I would ask this Man a Question This Printed Paper that is put in the Information did he ever deliver that to you M. I can't speak particularly to any one R. But generally to all L. C. J. Have you done Mr. W. I ask you a Question L. C. J. If you could Mr. Williams shew me any Author besides Mr. Carr I would say something Mr. W. Who brought you this Paper M. Which Paper Mr. W. I don't speak of this Paper particularly Did any bring any besides Carr M. Yes his Boy Mr. W. Did any body else bring any from any Place M. No body else that I know of Mr. W. The Pacquet he brought you had it been Printed before I ask you upon your Oath was it printed before he brought it L. C. J. Did he bring Papers to Print that were never Printed M. They were never Printed that I know of Mr. W. Did he bring any to Print M. I can't say he brought any Mr. W. Did Mr. Carr bring any M. No the Boy Mr. W. Who directed you to Print them did Carr direct you M. I can't tell I am a Servant in the House L. C.

By Vertue of an Order to me granted by the Lords Spiritual and Temporal in Parliament Assembled I do appoint Randal Taylor near Stationers-Hall London to Print this Tryal of Henry Carr. Gent. and Elizabeth Cellier and that no other Person Print the same Feb. 18th 1680. John Combe THE TRIALL OF Henry Carr Gent AT THE GUILD-HALL of the City of London the 2d Day of July 1680. Upon an INFORMATION brought against him in the Crown-Office charging him to be Author as in the said INFORMATION it is called of a certain false scandalous and malitious Book Intituled The Weekly Pacquet of Advice from Rome or the History of Popery Particularly for that of the 1st of August 1680 which was the next Fryday after the Tryal of Sir George Wakeman at the Old-Baily before the Lord Chief Justice SCROGGS Also the Tryal of Elizabeth Cellier AT The Kings-Bench-Bar July the 1th 1680. where she was cleared and Mr. Thomas Dangerfield the chief Witness against her for some defect in his Pardon committed to the Kings-Bench Prison LONDON Printed by I. G. for R. Taylor near Stationers-Hall 1681 THE TRIALL OF Henry Carr In Hillary Term 1679. AN Information was brought in the Crown-Office against Henry Carr which sets forth That a certain Plot of a traiterous Conspiracy was late had within this Kingdom of England amongst divers false Traytors of this Kingdom of England to put to Death and murther our Lord King Charles the Second and the Government of this Kingdom of England and the sincere Religion of God within this Kingdom of England well and piously Established to destroy and subvert and the Romish Religion within this Kingdom of England to introduce and that also divers Traytors for high Treason aforesaid were lawfully convicted and attainted and other Persons for High-Treason aforesaid were by due Course of Law tryed and acquitted Nevertheless one Henry Carr of the Parish of St. Pulchres London Gent. knowing well the Premises but minding and malitiously intending the Government of the Kingdom of England and the Administration of Justice in the same Kingdom to scandalize and to bring the same in Contempt The 1st day of August in the 1th Year of our now Lord the King at the Parish of St. Pulchres London a certain false scandalous and malitious Book Intituled The ●●ekly Pacquet of Advice from Rome or The History of Popery malitiously and unlawfully hath Printed and caused to be Published in which Book is contained among other things as followeth There is lately found out by an experienced Physitian an incomparable Medicament called the Wonder-Working Plaister truly Catholick in Operation somewhat of kin to the Jesuits Powder but more effectual The Vertues of it are strange and various It will make Justice Deaf as well as Blind takes out Spots out of deepest Treasons more cleaverly than Castle-Soap does common Stains It alters a mans Constitution in two or three days more than the Virtuoso's Transfusion of Blood in seven Years Is a great Alexipharmick and helps Poisons and those that use them It miraculously exalts and purifies the Eye-Sight and makes People behold nothing but Innocence in the blackest Malefactors It is a mighty Cordial for a declining Cause stifles a Plot as certainly as the Itch is destroyed by Butter and Brimstone In a word it makes Fools Wise-Men and Wise-Men Fools and both of them Knaves The Colour of this pretious Balm is bright and dazling and being applyed privately to the Fist in decent manner and a Competent Dose infallibly performs all the said Cures and many others not fit here to be mentioned To the great Contempt of our Lord the King and his Laws to the great Scandal of the Government of our now Lord the King and the Laws of this Kingdom of England and the Administration of Justice in the same Kingdom to the evil Example of all others in such a Case offending and against the Peace of our Lord the King his Crown and Dignity To which Information appeared in the Court of Kings-Bench Henry Carr by his Attorney Benedict Brown the 1th of February and having heard the Information aforesaid said that he was not guilty Issue being join'd it was tryed by Writ of Nisi prius at the Guild-Hall before the Lord Chief Justice Seroggs upon the 2d of July 1680 where a Jury being Summon'd whose Names are as followeth Benjamin Thorogood Richard Blackbourn Godfrey Richards Leonard Bates Phillip Harman Francis Breerwood Thomas Kemble William Longman John Debman Lewis Wilson Henry Lashoe Thomas Salter Jeremiah Gregory Nicholas Bondy George Day Nicholas Dawes Richard Blaney Henry Averie Joseph Hall William Bridges Thomas Lee. Richard White Randal Dod. Richard Bowater Of all which only four appeared and were Sworn viz. Nicholas Bondy Leonard Bates Henry Avarie Randal Dod. Whereupon a Talis was pray'd and granted and then were Sworn and Added to the principal Pannel according to the Form of the Statute Nicholas Caplin Richard Cawtham Arthur Young William Yap James Wood. Thomas Gilby John Odense● Emanuel Coniers After which the Court proceeded and the Recorder began to open the Offence as follows Recorder THIS Person among others intending to Scandalize the Government hath caused a Book to be published which I have here in my Hand called The Weekly Packet of Advice from Rome there are some Papers besides what are bound up together that are continued on which my Lord would not be amiss for us that are of the Kings Counsel to take notice of not only for the Juries Satisfaction but likewise for the Satisfaction of this great Auditory some whereof I know come to pick Advantage and to know whether or no Rascals may not have Liberty to print what they please Now all the Judges of England having been met together to know whether any Person whatsoever may expose to the publick Knowledge any manner of Intelligence or any matter whatsoever that concerns the Publick They gave it in as their Resolution that no Person whatsoever could expose to the publick Knovvledge any thing that concerned the Affairs of the Publick vvithout Licence from the King or from such Persons as he thought fit to entrust vvith that Affair But such is the Age that vve live in that a man that hath Wit enough for to libell any Man in the Government thinks he hath Licence enough to expose that Man to publick Knowledge also And they do it under specious Pretences because they think that any man may be exposed to the publick Censure that they can either call a Papist or but popishly affected and that man is either the one or the other that is not agreeable to every Rascally Humour that some People affect I acknowledge my Lord that any man that will in a Legal Manner endeavour to suppress Popery ought to be encouraged in his Endeavour to the utmost but if in Case any man vvill be transported with Zeal because he is of a Party and under pretence of endeavouring to Suppress Popery should support a Party

that man ought to be detected The Author of this Pacquet of Advice from Rome or the Publisher of it Mr. Carr that is now the Defendant he thinks he can scratch the Itch of the Age and that he may Libel any man concerned in the Government if he can but call him a Papist or popishly affected let a man be never so honest let a man be never so much for the Support of that Religion that every honest Man ought to Support that is the Protestant Religion as it is Established by Law without going to Rome or Amsterdam for Assistance I will not mention the Persons that are concerned in it but I will apply my self wholly to this matter that it is the Opinion of all the Judges of England that it is the Law of the Land that no Person should offer to expose to publick Knowledge any thing that concerns the Government without the Kings immediate Licence Now we are to try whether this Person exposed this thing to publick Knowledge and that is matter Gentlemen that you are to trie The other is the Business of the Court vve are to say vvhether if vve prove the Fact this man is guilty of Punishment and no doubt the Justice of the Nation vvill punish him But vvhen I see so many svvarm about me I am vvilling to hear vvhat Proof there is Sir Francis Winnington I am of Counsel for the Defendent I only offer it to your Lordship that the Information may be proved Lord Chief Justice Here are two things we are to keep to the Matter of Proof according to the Information and accordingly are we to proceed as in Common Justice we find the Case to be I must say that for the Prisoner he has behaved himself with as much Modesty as in Duty and Honesty he ought But I find that Sir Francis Winnington puts you upon proving Sir Francis Withins My Lord vve vvill prove it L. C. J. Let them that are not of the Jury go forth the Jury is no more to be corrupted than the Judge Sir F. W. We must be allovved the first part that there was a Plot. L. C. J. The Jury may take that upon their Oaths they know there was a Plot the certainest of any thing of Fact that ever came before me Mr. Stevens Printer L. C. J. Did Mr. Car own he writ this Pacquet had you any from him Printer I had several from him L. C. J. Of vvhom else had you any Recorder Besides Car. L. C. J. You are upon your Oath from whom ever had you any besides P. I do not remember that I had any from any body else L. C. J. You printed them did you P. Yes my Lord I did L. C. J. And you know of none from any else but by him or his Orders P. No my Lord. Sir F. W. Shew him the Paper Can you Swear upon your Oath that Mr. Car did send or deliver to you that very Paper P. I can't tell that any body else did send it L. C. J. We must do here as we do in all Cases He saith I had divers of these Papers from him I printed them and I know of none that ever was but by him or his Order Sir F. W. He saith so but my Lord the Information is to such a particular Book Entituled a Pacquet of Advice from Rome L. C. J. He saies this in Answer to it I can't charge my self with this particular to say positively I had it from him But this I can say we had several from him and I know of none else but all were by him or his Order Sir F. W. Will your Lordship give me leave to ask him one Question can you Swear that any that came from him contained the very matter in that Book Was it the Matter or Words R. Do you Believe it Sir F. W. Good Mr. Recorder let me alone Can you say it is the very Matter contain●● in that Paper P. I can't say that L. C. J. It is not an easie matter for a Man to remember the Matter of a Paper that is writ on all Sides He Swears that they had several and that they had none tho he printed them from any but him or his Order This Question Sir Francis Winnington asks had you this particular Paper from him he cannot Swear it was the same he had from him but he does Swear all the weekly Intelligences were from him or his Order he does not Swear for the Matter of this Book which no man will do But he does Swear that these Papers were alwayes by him or his Orders and that several were received from him Mr. W. I ask you upon your Oath he brought it you in Writing did he not P. They came in Writing Mr. W. Have you any of these Papers to shew P. We did not regard them when they were Printed L. C. J. His Cause shall be tryed very justly and very indifferently Mr. W. Had you ever a Paper from Car's hand or no P. We had few from his own hand Mr. W. Had you any P. I can't remember L. C. J. Had you any you are upon your Oath P. My Lord I can't remember L. C. J. Had you one or two P. Indeed my Lord I can't remember I can't say upon my Oath he ever brought one L. C. J. How then came you to say you had several from him P. Ay my Lord from him that is by him or his Order L. C. J. Are you sure it was by his Order P. I did conceive so my Lord. L. C. J. Had he any Mony P. From me L. C. J. Had he any Mony from any Body for Printing any of these Papers as you can remember P. I do suppose so I have heard he had L. C. J. Did you give him any P. No my Lord I was not concerned The Publisher my Lord was between him and me L. C. J. Who is that P. That is one Curtis L. C. J. Did Curtis pay him any Mony P. I never saw him pay him any my Lord. L. C. J. Hath he owned at any time he had any Mony P. My Lord I never had any Occasion for that Question L. C. J. Have you talk't with Carr. P. Yes my Lord. L. C. J. Now I shall have you for I do believe you are an honest Man Did Carr ever own himself to you to be the Author of this Book or any of these Papers P. My Lord as I said in the other Case so I say in this I had no Occasion to dispute it I took it for granted L. C. J. Have you ever heard him own it P. I have heard him deny it L. C. J. How did you come to take it for granted that he was the Author when he did once deny but never owned it answer me that Question and thou shalt be a brave Man P. My Lord there was never Occasion for that Discourse L. C. J. Look you Sir you must answer me in a Way agreeable to common Reason and Understanding

The words I remember are these when by the Kings Command we were to give in our Opinion what was to be done in point of the regulation of the Press We did all subscribe that to Print or Publish any News-Books or Pamphlets of News whatsoever is illegal that it is a manifest intent to the Breach of the Peace and they may be proceeded against by Law for an illegal thing Suppose now that this thing is not scandalous what then If there had been no reflection in this Book at all yet it is illicite and the Author ought to be convicted for it And that is for a publick notice to all People and especially Printers and Booksellers that they ought to Print no Book or Pamphlet of News whatsoever without Authority So as he is to be convicted for it as a thing illicite done not having Authority And I will assure you if you find any of those Papers I shall be more merciful in the Consideration of their Punishment if it be inoffencive But if so be they will undertake to Print News foolishly they ought to be punished and shall be punished if they do it without Authority though there is nothing reflecting on the Government as an unlawful thing The reason is plain So ●ond are Men in these Days that when they will deny their Children a penny for Bread they will lay it out for a Pamphlet And it did so swarm and the Temptations were so great that no man could keep two pence in his Pocket because of the News But still they never repented of laying out their Mony till they found there was nothing against the Government This is not worth a Farthing there is nothing of Treason in it we will not give a Farthing for it Therefore this Book if it be made by him to be published it is unlawful whether it be malitious or not Now for the Matter the subject Matter What doth Carr think he hath too much Wit to fool us that are to try the Malice It was sillily writ if he did not believe we understood it and that were very intolerable in us I hope I speak plain that is the sort of Books that he writ it must be with an intent People should know what reflections he made and shall all Mankind know and shall they that try the Cause not know it If you find him guilty and say what he is guilty of we will Judge whether the thing imports Malice or no. Sir Francis Winnington hath told you there are some things that do necessarily imply Malice in them If this thing doth not imply it then the Judges will go according to Sentence if it doth so that it concerns not you one farthing whether malitious or not malitious that 's plain Now there remains only one thing that is whether or no he was the Publisher of this Book for that we have this Evidence The Printer tells you he was the Person that they look't upon to be the Author of this Book that he sent this Book to be Printed by his Boy The Printer sayeth that he often discourst with him and he took it for granted His Boy brought it To what purpose to be Printed The Printers Servant saies they looked upon him as the Author and I have fetched Sheet by Sheet several Sheets from his own hand I will do right in the Case be it what it will let him escape or not Say his Councel had you this particular Paper from him I urge this as clearly as their own Councel have objected it For that you must consider whether he is the Author of the Book You must take Evidence in this case as you do all the Year long that is in other Cases where you know there is an absolute certainty that the thing is so for humane frailty must be allowed that is you may be mistaken For you do not Swear nor are you bound to Swear here that he was the Publisher of this Book but if you find him guilty you only Swear you believe it so God help Juries if so be in matter of Fact they should promise otherwise They can't Swear it Now the Question is whether you have Evidence enough here to Swear he was the Publisher for this is the main thing to prove that he is so Now the Printer tells you that he knew the man that he had frequent converse with him about it and that he took it for granted Now consider when a man talks at this rate he does not say he was but that he took it for granted he does not as much as say he is They will own he writ several Sheets of this Book then why not all this Book Now we come to the more principle matter of Fact according to reason and the probable Evidence of things That this Person is taken to be the Author and that it was his Boy that brought these Papers to be Printed If you can't say he sent him you can give no Verdict while you live if you expect that The Printer saies he hath been often discoursing with him that his Boy brought them and that he knew no other Persons in the World that had any pretensions to be the Author and if he were the Author no doubt but he is the Publisher Whether or no any body else had an hand in this we don't know If you are satisfyed in your Consciences that you believe he is not the Author you must acquit him If you are satisfyed it is not he you must find him not guilty So that as you are honest Men and wise as I believe you are if you believe he was not the Publisher of this Pamphlet that he did not send his Boy to have it Printed but that he came of his own head you must find him not guilty The Jury went from the Bar and nigh an hour after returned and brought him in guilty L. C. J. You have done like honest Men. R. They have done like honest Men. FINIS