Selected quad for the lemma: book_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	call_v	part_n	write_v	2,879	5	5.4197	4	true

Text snippets containing the quad

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

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

notice of what I have said L. Ch. Ju. Hide You of the Jury I will not spend time it is too late in repeating the Evidence you have heard the Evidence particularly and his answer he doth in part make the same answer with his fellowes which was that it is his Trade It 's true no doubt but he ought to maintaine his Wise and Children by his lawful Calling but if a Thief should tell you that he maintained his Wife by Stealing is that lawful Printing books lawfully no man will call him to account for it but if he prints that that is abusive to the King and his Government that 's no part of his trade and his trade will not bear him out in it He is charged for Printing and publishing of these scandalous books that he did it Knowingly Maliciously Falsly Factiously and Seditiously I told you that although all these things be not proved yet if he did it the Law calls it Malice Faction and Sedition Consider the circumstances you see it is done in the dark the sheets delivered at his house and discourse about delivery of them he would not deliver them unless Brewster and Calvert were agreed I leave the Evidence to you in this case pregnant strong undeniable Circumstances are good Evidences Though a man doth not come and tell you he declared to him he knew what was contained in this book yet if there be sufficient Evidence to satisfie you in your Consciences that he knew what was in it and was privy to the Printing and publishing of it there 's enough for you to find the Indictment You are to weigh circumstances as well as pregnant full proof in cases of this nature Clark Set Nathan Brooks to the Bar You of the Jury you shall understand that he stands Indicted c. Reads the Indictment Mr. North Afterwards opened the Indictment Serj. Morton This man we shall only prove him guilty of stitching and dispersing the said books Thresher Sworn This man I have not seen these three Years Serj. Morton Did he set you to work in Stitching those books Thresher He brought none to me that I can remember but by Mr. Prewsters order I delivered about 200. or there abouts and carried them to his house in St. Martins and he took them at the Stair-foot and paid me for stitching of them in blew paper Serj. Morton Who furnished you with blew paper Tresher I went by Mr. Erensters order to a Stationer in Breadstreet and received some Brooks I desire to know whether in those books he said he delivered me there were those passages in the Indictment Thresher I know not they were the Speeches and Prayers that I delivered you Brooks How did you deliver them to me Thresher They were Stitcht and I tyed them up with a piece of packthread and carried them to him he received them himself and came afterwards to an Ale-house and gave me a Flagon of Beer he knew what they were for some being Imperfect he said Mr. Brewster must make them good and Mr. Brewster gave order if he came for them they should be delivered him Brooks Did you know there were those passages in them Thresher No not I. Brooks I knew only the Title of it L. Ch. Ju. Hide Let there be what there will in it if you knew the Title look you to it have you any thing else to ask Brooks No my Lord. Henry Mortlock Sworn Serj. Morton Mr. Mortlock How many of those books did you receive of this Nathan Brooks Mortlock About fourty or fifty Serj. Morton What talk had you about receiving them Mortlack I do not remember any discourse Serj. Morton Where did you receive them Mortlock I am not certain whether in my shop or no. L. Ch. Ju. Hide Were they open Mortlock They were tyed up L. Ch. Ju. Hide Did you speak for them Mortlock I cannot tell he brought them to me L. Ch. Ju. Hide How came he to bring them to you Mortlock May be I might speak for them I paid him for them L. Ch. Ju. Hide You and he knew what book it was Mortlock I think we did L. Ch. Ju. Hide Did you not open them They might have been the Devil of Edmonton for ought you knew Did you open them afterward and did they appear to be this book Mortlock Yes Mr. L' Estrange sworn Mr. L' Estrange I came to the house of Nathan Brooks about October last and knocking at the door they made a difficulty to let me in At last seeing not how to avoid it Brooks opened the Door I asked him what he was He told me he was the Master of the house By and by comes one that lodged in the house and throws down this book shewing the book in the Kitchin with this Expression I le not be hang'd says he for ne're a Rogue of you all Do you hide your books in my Chamber This book had the Speeches in it with other Schismatical Treatises After this I searched the next house and there I found more difficulty to get in but after a long stay I saw the second Floor in a blaze and then with a Smiths Sledge I endeavoured to force the door At length the fire was put out and one comes down and opens the door I went in and up Staires where I found about 200. of the Prelatick Preachers and certain Notes of Nathan Brooks wherein he mentions the delivery of several of these Speeches and other Sedicious Pamphlets There is one particular wherein he records that Thomas Brewster did in the presence of Captain Hanson undertake to bear his charges of imprisoment This Nathan Brooks having been formerly imprisoned for a crime wherein Browster was to bear him out L. Ch. J. Hide What was it that burnt above Mr. L' Estrange My Lord they had burnt I suppose some of the Prelatick Preachers a desperate book I found one bundle untied and I suppose as the man told me after that it was a part of that which was burnt L. Ch. Ju. Hide You say this was in the next house to Brookes what had Brooks to do there had he conveyed those books thither Mr. L'Estrange The owner of the house said he knew nothing of them but a man and his wife lodging in the Chamber where the fire was said that Nathan Brooks had delivered with his own hands to them those parcel of books that were there found L. Ch. Ju. Hide You hear what he says that one of your Guests came down said he would not be hanged for ne're a Rogue of you all Throws down the book Brooks What 's that tome if a man have a book in his house and throw it down and say so doth that concern me He did not bring it out of my Chamber One Mercer sworn Mercer My Lord having the book in his hand this is the book that I did find in a Room brought up by Nathan Brooks and I brought it down I had it in a Room where two boyes and my

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

have free liberty of defending your self To the matter of Fact whether it be So or No in This case the Law does not allow you Councel to Plead for you but in matter of Law We are of Councell with you and it shall be our care to see that you have no wrong done you Cl. Set Simon Dover to the Barr Who being set his Indictment was read to the purpose following Thou standest Indicted in London by the name of Simon Dover late of London Stationer for that thou c. the 15th day of February in the 13th year of the Reign c. at the Parish of St. Leonards Fosterlane in the Ward of Aldevsgate London Falsly Maliciously and Wickedly didst Imprint a Certain Fals Malicious Scandalous and Seditious Book Intituled The Speeches and Prayers of some of the late Kings Judges c. and the same didst Sell Vtter against the duty of thy Allegiance c. How sayest thou Simon Dover art thou Guilty of this Sedition and Offence whereof thou standest Indicted or not Guilty Dover My Lord and the Honourable Bench I desire I may be heard a few words L. Ch Ju. Hide When you have Pleaded you shall Dover I shall be willing to Plead L. Ch Ju. Hide You must either confess it or Plead not Guilty I hope you are not Guilty of this Foule Crime Dover I am Not by the Laws of England Guilty L. Ch. Ju. Hide You shall be Tryed by the Laws of England whether you are Guilty or No. Dover I am willing to be so and I am glad I am come before you to that purpose having been long a Prisoner I am not Guilty of any thing in this Indictment neither as to Matter Time nor Place L. Ch. Ju. Hide What do you mean by Time and Place Dover I am not Guilty in Manner or Forme And now my Lord I being altogether ignorant of the Law I humbly beg Councell and a Copie of my Indictment I hope I shall not be destroyed because I am ignorant of the Law I have been eighteen weeks close prisoner L. Ch. Ju. Hide What would you have Dover I desire Time and Councell assigned me and a Copie of my Indictment L. Ch. Ju. Hide For a Copie of your Indictment though it be for a Foule Offence yet in favour to you it being not made so Capital as the other we cannot deny it you for Councel you may have what you will we need not assign it Make him a copie but I will tell you We shall try it now Dover I do protest I knew not what I came for I never imagined what my Indictment was I know not what there 's in 't L. Ch. Ju. Hide You shall have a Copie made presently If you have Councel or Witnesses send for them we must try you to day but you will have some time for we will begin with the other Dover I beg I may have a Copie of the Indictment in English I cannot understand Latine L. Ch. Ju. Hide That that is against you is in English the Latine signifies no more but that you did Seditiously and Malitiously Print all that which is in English Dover I hope I have done nothing but I shall acquit my self of L. Ch. Ju. Hide I hope you may But we can give you nothing but a Copie of the Record send for your own Clerke to understand it Cl. Set Thomas Brewster to the Barr. Who was set And then his Indictment was read which was that he the faid Thomas Brewster late of London Stationer Not having c. in the forme aforesaid the 15th day of February c. at the Parish of Little St. Bartholmews in the Ward of Farington without London Maliciously c. did cause to be imprinted the aforesaid Book of Speeches and Prayers c. and the same did Sell and Vtter against the duty c. Who being demanded whether he was Guilty of that Sedition and offence answered Not Guilty Cl. How will you be tryed Brewster By God and the Countrey Cl. God send thee a good deliverance L Ch. Ju. Hide Say what you will now Brewster May it please your Lordship I am wholy Ignorant of the Proceedings of the Law I have been a close prisoner these eighteen Weeks no body to advise with me scarce my wife suffered to come to me I desire some time to take advice L Ch Ju. Hide I doubt we shall not be able If you mean till next Sessions Brewster No my Lord I have had too long Imprisonment already would I had been here the first Sessions after I was a Prisoner Lord Ch. Ju. Hide If you desire a Copie of the Indictment and Councel you shall have it Brewster I humbly thank you but I must have time to consult them or they will do me little good L Ch Ju. Hide If you have any friends or Witnesses you may send for them Brewster I thank you my Lord. Cl. Thomas Brewster Thou standst again Indicted in London by the name of c. For that thou not having c. The 10th day of July in the 13th year c. at the Parish of Little St. Bartholmews in the Ward of Farington without London c. Falsely Maliciously Scandalously and Seditiously didst cause to be Imprinted a Book Intituled The Phaenix Or the Solemn League and Covenant c. And the said Book didst Sell and Vtter against the duty c. How saist thou Art thou Guilty of this Sedition and Offence whereof thou standest Indicted or Not Guilty Brewster Not Guilty my Lord. Cl. How will you be Tryed Brewster By God and the Countrey Cl. Nathan Brooks to the Barr. Thou standest Indicted in London by the Name of Nathan Brooks late of London Stationer Not having c. the same as to make time and place with that of Dovers and knowing the said Book to be Scandalous and Seditious did Sell Vtter and Publish the same against the duty c. How sayst thou Nathaniel Brooks Art thou Guilty of this Sedition and Offence whereof thou standest Indicted or Not Guilty Brooks Not Guilty Cl. How will you be Tryed Brooks By God and the Countrey Cl. God send thee a good deliverance L. Hide If you desire to have a Copie of your Indictment and Councel you may have it Brooks I am a poor man I have not money to get Councel I hope I shall not want that that belongs to me by Law for want of money L Hide You shall not by the Grace of God Cl. Set John Twin Simon Dover Thomas Brewster and Nathan Brooks to the Barr. Cl. John Twyn Those men that you shall hear called and Personally appear must pass between our Soveraign Lord the King and you upon Trial of your Life and Death if you will challenge them or any of them you must do it when they come to the Book to be Sworn before they be Sworn And you that are for the Seditions and Offences look to your challenges Dover We desire we may have a Jury of

you Print that Creek They all gave me order together L. Hide They all name them Creek Mr. Calvert Brewster and Chapman Mr North Did they charge you to do it privately Creek With as much privacy and expedition as I could Mr. North. When you had Printed them what did you do with them Creek I disposed of them by their order Mr. North. Did you Print but one Impression or more Creek Yes my Lord I did Print part of ● second Impression Mr. North. That we use as Evidence that he had uttered the first because he went upon a second how many did you Print at first Creek To my best remembrance the first Impression was 3000. L. Hide These three employed you to Print this Book and you Printed to the 36. folio Creek Yes L. Hide And who Printed the other part Creek I cannot say positively L. Hide These three did afterwards direct you to give out the sheets to such and such Persons Book-binders to stitch up and dispose Creek Yes L. Hide The first was three thousand you say what number did they take Creek They had all they sent for them of me as fast as I did them J. Keeling Who did you send the Proofs to Creek They were sent for to my house J. Keeling Sometimes by Calvert sometimes his man sometimes his maid sometimes by Brewster L. Hide Do not you know who began where you left off Creek I am not able positively to say I do believe and I have heard and spoken with them that said Mr. Dover did but I cannot positively say it L. Hide You were not by to see it done Creek No. L. Hide What grounds have you to believe that Dover Printed the rest Creek Grounds truly it is so long ago to swear positively I cannot L. Hide It is but three years ago Creek To the best of my remembrance Mr. Dover in the time of Printing of it did meet me and converse with me about it but to express time or place I cannot L. Hide Did you and he agree that he should Print the other part Creek No my Lord I had nothing to do to agree it with him L. Hide Did he declare to you that he Printed the other Creek To the best of my memory he told me he Printed some sheets Mr. North. Who changed sheets with you Creek Some sheets were changed at Mr. Dovers J. Keeling Who paid for the Printing Creek Mr. Brewster paid me some and some Mr. Calvert paid me L. Hide If you desire to ask him any questions you may Browster By and by I shall my Lord. Dover I desire he may tarry till I come to my tryal Serj. Morton Don't doubt it Mr. North. George Thresher speak your knowledge to my Lord and the Jury whether Brewster did not bring you the Book called the The Speeches c. to be Stiched and what you did with them tell the manner of it Thresher May it please you my Lord and the Honourable Bench it is thus This Book it seems was Printed Mr. Brewer came to my house to know whether I could fold them and stitch them in blew Paper That night I went to several Printers Mr. Dover was one of them we had several sheets from thence I did not see them printed I carried them home and went about the working them that night J. Keeling How many Books were delivered to you Thresher First and last about 500. J. Keeling Who delivered them to you Thresher Some were brought to my House J. Keeling By whose Direction Thresher Mr. Brewster's J. Keeling Did you deliver them to any Body Thresher Yes to Nathan Brookes ready stiched J. Keeling Who paid you for them Thresher Mr. Brewster for them he had and Brookes for them he had Mr. North. Thomas Loft tell your Knowledge in this businesse Thomas Loft May it please You All that I can say is this There was to the Number of about or near upon a Thousand as I take it Folded and Stiched in my Masters House one Mr. Perry I was then his Apprentice they were sent in as I judge by Mr. Brewster's Order but I cannot positively say it my Mr. appointed us to do them I saw Mr. Brewster there sometimes but I cannot positively say that Mr. Brewster paid for the doing of them Mr. North. Did not your Mr. presse the dispatch Loft My Mr. did so but I know not whether they conversed to that purpose Mr. North. VVho fetched them away Loft His then Apprentice did fetch some of them from our House Mr. North. Peter Bodvell tell my Lord and the Jury what you know Bodvell I did carry some three years agoe some Bundles of Books from Mr. Creekes House and I think they were the Bundles of The Speeches of the Kings Judges L. Hide From whence had you them Bodvell From Mr. Creekes Mr. North. What did you do with them were they sold Bodvell I did see some of them sold in the Shop Mr. North VVhosold them Bodvell My self and my Mistris sometimes L. Hide VVere they brought to the Shop to sell by his privity Bodvell I do believe he knew of them L. Hide By the Oath you have taken did he send you for them to the Printers Bodvell He or my Mistris did L. Hide Has he been in the Shop when they have been sold Bodvell I cannot truly tell it 's three Years agoe J. Tirrel To whom did you pay the money that you receied for them Bodvell We put it in the Box. J. Keeling Do not Book-Sellers keep Account what Books they sell and set down the money Bodvel Not for Pamphlets Mr. North. Did he not send you to the Book-binders for them when they were stitched Bodvell It was by his or my Mistris's order J. Keeling What was your Book binder's Name Bodvell Perry J. Keeling Where was this Book kept Publickly as other Books or in other Roomes Bodvell In the Shop my Lord. J. Keeling Were they Publickly to view as other Books Bodvell Not so Publick as other Books but publick enough Mr. L' Estrange knows L. Hide I know you use to let your Titles of a New Book lie open upon your Stalls did you lay these open Bodvell No my Lord they did not do so L. Hide Who was the cause they did not did your Master direct the privacy Bodvell I think he did we had some Direction to that end L. Hide Not to lay them open upon the Stall Bodvell No. L. Hide Give the Jury some Books and Read the Indictment let them be Compared Clerk Reads the Indictment First the Title The Speeches and Prayers of some of the Late Kings Judges viz Major Generall Harrison October 13. Mr. John Carey October 15. Mr. Justice Cooke Mr. Hugh Peters October 16. Mr. Thomas Scot. Mr. Gregory Clement Col. Adrian Scroope Col. John Jones October 17. Col. Daniell Axtell and Col. Francis Hacker October 19 1660. The times of their Deaths together with several Occasional Speeches and Passages in their Imprisonment till they came to

Noble Cause for taking a Purse upon the high-way that it is an unjust Law to condemn to death for such Crimes Shall any man publish this in Print and not be lyable to be punished for it If any that were tryed here upon Saturday shall vrlifie the Lord Mayor or any of the Bench traduce them for doing of justice shall this go unpunished if a man take it up and print it This I speak to let you see this is without colour of Law He pretended he did it not knowingly I will not repeat the Evidence He sent for them had them stitched caused them to be kept privately not upon the Stall And observe he tells you it was done long agoe it is but three years agoe that they were as publickly sold as Diarnals he sayes I shall repeat no more I know you are men of understanding and of obedience to your King it is high time to take notice of this dispersing of Pamphlets if therefore you do believe that he did cause it to be Printed or published it or both he is guilty of the Misdemeanour ●aid in the Indictment and he hath a great kindness in that it is not made Capital If you do believe that he did either cause it to be Printed or Published that 's enough to find him guilty of this Indictment Cl. Hearken to the other Indictment He stands Indicted in London c. and this is for causing to be Printed a certain Book called the Phoenix c. publishing the same the Indictment was wholly read To this Indictment he hath pleaded not guilty so your Issue is to inquire whether he be guilty of this offence or not guilty Mr. North Opened the Indictment in manner as before To this he hath pleaded not guilty if the Charge of the Indictment be sufficiently proved you are to find him guilty Serj. Morton May it please your Lordship and you gentlemen of the Jury here is another Bill of Indictment preferred against Tho. Brewster it is that contrary to the duty of his Allegiance to his Soveraign Lord the King and purposely to incite the people to Sedition and to withdraw them from their natural Allegiance to the King he hath caused to be imprinted maliciously falsly and scandalously a certain scandalous book entituled The Phoenix c. And this he hath done to disturb the Peace of the Kingdom and to withdraw the people from their Allegiance and to the scandal of his Majesty and Government he hath caused this book to be Printed uttered and sold and this we take to be a great offence against the King his Crown and Dignity Gentlemen the dispersing of Seditious Books is of great danger to the Kingdom false Rumours they are the main incentives that stir up the people to Sedition and Rebellion that raise discontentments among the people and then presently they are up in Arms. Dispersing seditious Books is very near a kin to raising of Tumults they are as like as Brother and Sister Raising of Tumults is the more Masculine and Printing and Dispersing Seditious books is the Feminine part of every Rebellion But we shall produce our Witnesses We shall prove that this Tho. Brewster caused this book to be Printed that when it was Printed he did receive three hundred that these he caused to be stiched up that he uttered and sold them part in his own Shop and part elsewhere It being an offence of that great and dangerous consequence which tends to the disturbance of the Peace of the Kingdom I hope you will take it into your serious consideration and if the matter stand proved against him you will give him his due demerit Creek Thresher Loft and Bodvel sworn again Mr North. Creek Tell my Lord and the Jury what you know of the printing of the book called The Phoenix Creek My Lord it was in May that Mr. Calvert Brewster and Chapman brought that book to me to Print L. Ch. Ju. Hide What book name it Creek The Phoenix c. It was printed for them three All that I can say is that Mr. Brewsters part was delivered to me by his direction L. Ch. Ju. Hide Who paid you for printing of it Creek Mr. Brewster paid for his part J. Keeling How many was his part Creek His part of 2000 that was 600 and odd L. Ch. Ju. Hide These three men joyn'd to bear each man his share Creek Yes every man was to have his share J. Keeling Did he wish you to do it with privacy Creek Yes with expedition and privacy Brewster Was the Copy written or printed Creek It was all printed formerly some in quarto some in octavo and might have been bought single in any place almost L. Ch. Ju. Hide What do you mean by all printed formerly Creek My Lord they were in several parcels printed there was Mr. Calamy's Sermon and Mr. Douglas his Sermon and the rest J. Keeling How long agoe was it since they were brought to you to print Creek It was in May three years Brewster Did I order you how you should print them or Mr. Calvert Did not you hear him say that they had staid two hours for me at an Ale-house to be his Partner Creek I did hear him say so J. Keeling What made you so loath to be their Partner were they two hours perswading of you Creek No they waited two hours for him to be their Partner Serj. Morton Thresher did Brewster deliver any of those books ●o you to stich up Thresher Yes and please you my Lord and I had them by Mr. Brewsters order to ●old Serj. Morton How many Thresher To the number of 2. or 300. Mr. North. Did he not enjoyn you privaey Thresher Yes I think he did J. Keeling VVhen they were bound had you a Note to deliver those Books safely to any Thresher Yes from his own hand he desired me to go and give them to such and such Persons Booksellers said I I shall hardly remember them he thereupon gave me a Note of their Names to whom I should deliver them I judge they were to be trusted more then others Serj. Morton Did you deliver them accordingly Thresher Yes I did L. Ch. J. Hide How many did you deliver in that manner Thresher Two dozen and more J. Keeling If you will ask him any Questions do Brewster Did I give you any order to deliver them to any particular Booksellers Thresher Yes you did I believe Mr. Lestrange and Mr. Williams one of the Jury can remember I shewed them the paper you wrote to that purpose Mr. Williams I did see the Note Brewster I do not remember I gave you any Order they were all Common things before J Keeling You may ask him what Questions you will Brewster I shall ask him no more Mr. North. Peter Bodvel speak what you know concerning the selling or 〈◊〉 of the book called the Phenix c. Bodvel I never knew of the Printing of them I never knew my Master sell any of them nor heard him

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

sister lay He came first and knockt at our Chamber door said I Who is there sayes he A Friend Who are you Brookes your Landlord saies he pray you open the door and lay up this book for me No said I if you were my Father or Brother I will not receive it I will not meddle or make with you After I had denied the book he flings it into the next Room L. Ch. Ju. Hide How came you by the book Mercer After Mr. Lestrange had inquired there for books I knew nothing but my Wife called to my Sister and asked her if she heard Mr. Brooks in the Boom she said Yes and he had left a book with her Having notice I went up stairs took the book and brought it down presently Brooks Is that the book the very individual book that I brought up there L. Ch. Ju. Hide He swears this that you knocked and prayed him to take in a book he refused it You went up to the next Chamber and there you left it and his Wife asking afterwards if you had been there his Sister said Yes you had left a book he brought it down and this appears to be the very Individual book nothing can be more clear Mercers Wife Sworn That morning they knocked at Brooks his door we were a bed I heard a noise of Theeves upon that I being awake my Husband asleep I waked him and desired him to go to the Window he asked who was there one said to him rise and open the Door said my Husband I am but a Lodger let my Landlord open it if he will Who is your Landlord Mr. Brook's That 's the man I look for sayes the other so with that after some time Mr. Brooks went down and opened the door Mr. Lestrange coming up to my Husband sayes he Are you sure there is nothing in your Rooms There is nothing said he When my Husband went down I called to my Sister said I Did you hear Mr. Brooks there Yes said she he has left a book here said I Do you know what 's in it it may bring us all into Trouble And my Husband having confidently denyed any such thing fearing he might be troubled I called him up and told him of it said my Husband I 'le call up the Gentleman and give it him no said I go take the book and carry it him Mercers Sister Sworn Thomazin Mercer It is very true that that is the very book I received from Mr. Brooks L. C. J. Hide Now the individual book is brought to light Brooks What was the Title of it T. Mercer I know not but there was the Speeches of the ten men that were executed Brooks Did you see that book that very book T. Mercer Yes One Mr. Merridale sworn Mr. Merridale My Lord this very book did Mercer bring down told us He would be hang'd for never a Rogue of them all did he think to lay his books at my door I know this is the very book I took notice of the Picture of Sir Hen Vane in it and he there owned it Mercer I can tell that he owned it and said it was brought to him to be bound L. Ch. Ju. Hide Here are two hundred of these books are delivered to you to sell fifty you deliver to another When Mr. L' Estrange comes to search you open not your doors when you see you could not stay longer you run up to deliver it to Mercer your guest he would not receive it you deliver it to his Sister shee keeps it in her hands when her Husband had denyed books to be there and his Wife understanding afterwards you had left it she was afraid of her Husband for denying it calls him and gives him the book and then he said He would be hang'd for never a Rogue of you all throws down the book and that was the very book the received from you and your self did own it and confess it Brooks As for Mr. L' Estrange it is not so he sayes when first he knocked at the door I did not hear him afterwards I called out who 's there said one Which is Mr. Brooks said I here I told them if they would be civil I would open the door give me but leave to put on my Breeches I went and opened it He doth not swear positively they are my books My Lord This Mercer was a lodger in my house I have often desired him to pay his Rent and since I have been taken I have sent several messengers I told him I would seize his goods and thereupon he speaks against me maliciously I desire you to consider I being only a workman how can I be guilty of Sedition and Scandalous things I never printed any thing I am only a Book-binder that 's my Trade I hope you will consider that I am only a bare workman My Lord I desire when they go out that some body may stand at the door that no body may go into the Jury L. Ch. Ju. Hide We will take care of that Have you any more to say Brooks No my Lord. L. Ch. Ju. Hide You of the Jury you have heard so much of the other Indictments of the same nature I need not say much to this That which he speaks touching his Trade I must repeat the same as before he is not questioned for using but abusing of his Trade for publishing and despersing Sedicious and Scandalous Books printing and publishing but the evidence is only for publishing If you be satisfied that he published it that 's the Crime Printing alone is not enough for if a man print a book to make a fire on that 's no offence it is the publishing of it which is the Crime You have heard the evidence how far forth it is proved two hundred delivered to him fifty by him delivered to another this book you see his own Conscience tells him what it was when Mr. L'Estrange came he would have slipt it into his Guests Chamber he refused it then he carries it to another lay your evidence together if you find him guilty of the publishing it is enough Jury We desire to know upon what Statute Law this Indictment is grounded L. Ch. Ju. Hide Upon none but it is an offence at common Law I told you so at first The Jury went forth and after near an hours consultation returned to the Court and took their places Cl. Are you all agreed of your Verdict Jury Yes Cl. Who shall say for you Jury The Foreman Cl. Set up the Prisoners to the Bar how say you is Tho. Brewster guilty of the Offence whereof he stands Indicted for printing the Sedicious book called The Speeches c. or not guilty Foreman Guilty of selling and uttering the said books Cl. What say you is he guilty of the Offence of printing and publishing the book called The Phenix c. or not guilty Foreman Guilty of publishing it Cl. How say you is Simon Dover guilty of the Offence for printing and