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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

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Book-sellers and Printers they being the men that only understand our businesse L Hide There are those already that understand it as well as Book-sellers or Printers besides half the Jury are such and they are able to make the rest understand it but you may challenge whom you will The Jury were William Samborne William Hall William Rutland John Williams Thomas Honylove James Flesher Robert Lucas Simon Waterson Robert Beversham Samuel Thomson Richard Royston Thomas Roycrost Who were severally Sworn by the Oath following You shall well and truly Try and true deliverance make between our Soveraign Lord the King and the Prisoners at the Barr whom you shall have in charge according to your Evidence so help you God All foure We are all satisfied with this Jury Cl. Cryer Make Proclamation O Yes If any one can informe my Lords the Kings Justices the Kings Serjeant or the Kings Attorney before this Inquest be taken between our Soveraign Lord the King and the Prisoners at the Barr let them come forth and they shall be heard for now the Prisoners stand at the Barr upon their Deliverance and all others that are bound by Recognizance to give Evidence against any of the Prisoners at the Barr come forth and give evidence or else you will forfeit your Recognizance Cl. John Twyn Hold up thy hand You of the Jury look upon the Prisoner and hearken to his Cause you shall understand that he stands Indicted in London by the name of John Twyn Late of London Stationer here the Indictment is read over again Vpon this Indictment he hath been Arraigned and thereunto hath pleaded Not Guilty and for his Tryal hath put himself upon God and the Countrey which Countrey you are your charge is to inquire whether he be Guilty of the High Treason in manner and forme as he stands Indicted or not Guilty if you finde him Guilty you shall inquire what Goods and Chattels Lands and Tenements he had at the time of committing the said Treason or at any time sithence If you finde him not Guilty you shall inquire whether he fled for it if you finde that he fled for it you shall inquire of his good and Chattels Lands and Tenements as if you had found him Guilty if you finde him not Guilty nor that he did fly for it say so and no more and heare your Evidence Mr. North Barrister of the Law John Twyn Stands here Indicted for that he as a false Traytor to the most Illustrious Charles the second c. Not having the fear of God before his eyes nor weighing the duty of his Allegiance c. here was opened the form of the Indictment to which he hath Pleaded Not Guilty if there shall be sufficient Evidence given you of the charge in the Indictment you must do the King and the Nation that Justice as to finde him Guilty that sentence of Law may passe upon him Mr. Serjeant Morton May it please your Lordships and you Gentlemen that are sworn of this Jury I am of Councell with the King against John Twyn the Prisoner here at Barr who stands Indicted of a most Horrid and Damnable Treason It is The Compassing and Imagining the Death of the King to deprive him of his Crown and Royal Government and to Alter and Change the Antient Legal and Fundamental Government of this Kingdome which he has indeavoured to do and did intend to do by Printing a Traiterous and Seditious Book which in it self contains as many and as great Treasons as it was possible either for the Malice of the Devil or the Corrupt and Treasonable thoughts of Blood-thirsty Men to invent It contains Treasons against the King in his own Royal Person against his Government both Ecclesiastical and Civil full of Treasons as my Lord Chief Justice was pleased to observe to you Treasons against the Queen Scandals against all manner of Profession both in Church and Kingdom of Magistracy and Ministry My Lord there are in this Indictment Thirteen Paragraphs of that Treasonable Book Recited and each of them contains as many Treasons as there be lines in it nay My Lord this Treasonable Book it was intended to set a Flame in this Nation to raise and stir up Rebellion in this Kingdom against the King and his Government I shall observe to your Lordship the Time when it was to be Printed It was in the beginning of October your Lordship knows and I do not doubt but the Jury have heard that there was a great and dangerous design in this Nation set on foot by men of dangerous Principles to Imbroyle this Nation in a New Warr for the destruction of the King and his Government It was Executed in part as farr as Time and other Circumstance would give way and leave to the undertakers the 12. of October last and my Lord it was proved upon the Execution of a Commission of Oyer and Terminer at York that there was a Council here in London that sat to prepare matter for an Universal Rebellion all England over they sent their Agitators into the North West all parts to give notice to their Party to be ready to Rise at a certain time several dayes were appointed but it seems they could not be ready till that 12th of Octob. for the Seditious Books that were to lead on that Design and the Libels and Declarations could not be Printed before that day and truely that had been Printed and Published too if there had not been great Diligence used by the Kings Agents and Ministers to take them just as they were preparing it This Book Gentlemen doth contain a great deal of Scandal upon the Kings Government dispersing False and Base Rumours to the prejudice of it It is a rule in my Lord Cooke that the dispersing of false and evil Rumours against the King and Government and Libels upon Justices of the Kingdom they are the forerunners of Rebellion We shall now go the proof we shall prove that this Prisoner at the Bar to Print this Book had two Presses in one Roome that he himself did work at one of those Presses his Servants at the other by his Command and in his presence That he did Compose part of it Print the sheets Correct the Proofs and Revise them all in his own house which were corrected and brought back into the Work-house by himself in so short a time that they could not be carryed abroad to Correct so that he must needs Correct them himself That this Work was done in the Night time and it was proper it was a deed of great darknesse and not fit indeed to see the light and it was well it was strangled in the Birth or else for ought I know we might by this time have been wallowing in our blood We shall make it appear that this man when Mr. Le-Strange came to search his house brake the Forms conveyed away as many of the Sheets as he could from the Presse to other places yet notwithstanding Gods Providence was so
great in the thing that he left there three or four sheets which Mr. Le Strange then seized on and many more within a little time after And somewhat of the same matter remained upon part of a Form of I etter which his hast would not give him leave to break When he was charged with it by Mr. Le Strange he confessed that he had printed some sheets of this Seditious Book and being demanded by Mr. Le Strange what he thought of it He told him he thought it was mettlesome stuff he had great joy in it he confessed he had received money for printing of this and much other matter taken upon Examination before Mr. Secretary We shall call our Witnesses I should have observed to you that this man would have it done with all the privacy that could be and to be done forthwith there was great hast of it about the beginning of October and the designe in the North was upon the Twelfth so that it was clearly intended for that Designe Several Witnesses new sworn Joseph Walker My Lord whereas my Master is Indicted for Printing this Book Lord Hide Your Master Who is your Master Walker He at the Bar. L. Hide What say you of it Walker I desire to see the Book it was shewed him About the foure first pages of this Treatise I composed L. Hide Who delivered it to you to compose Walker My Master delivered the Copy to me L. Hide What doe you mean by Composing Walker Setting the Letters L. Hide Well and you set the letters to Print according to the Copy and you had it of your Master had you Walker Yes my Lord but all this Copy we did not print Part of the Copy in manuscript being shewed him he said he composed by that copy Serj. Morton How much did you Print Walker About three sheets Serj. Morton How many of those did your Mr. compose Walker Truly Sir I cannot tell L. Hide Did he compose one Walker As to a whole one I cannot say Mr. Recorder Did he Compose the Title Walker Here is no Title Mr. Recorder No Read the top Wal. A Treatise of the Execution c. He reads the Title Recorder Did your Master Compose that Walker No I did L. Hide Did your Master give you that to Compose Walker Yes Serj. Morton Who Composed the second third and fourth sheet Walker I Composed some of them but to particularize I cannot L. Hide Who gave you what you did Walker My Master L. Hide Can you turn to any part of that you did Compose Walker I cannot tell that L. Hide You Composed you say foure pages there are eight in a sheet who composed the other of the same sheet Walker I think my Master did L. Hide At the same time and in the same room with you Walker He wrought not in the same Room L. Hide After you had stampt the sheet who did peruse and over-read it to see if it were right Walker I carried them into the Kitchen and laid them down upon the Dresser by my Master L. Hide Who compared them Walker I know not L. Hide Who brought them back to you Walker My Master brought them into the Workhouse and laid them down L. Hide Was there any body in the house that might Correct it Walker Not that I saw L. Hide When you had carried a sheet down how long was it ere it was brought back again Walker About an hour or an hour and a half L. Hide Was there any body in the house besides you and your Master Walker There was my fellow Apprentice and the Woman that keeps the House L. Hide Were there no strangers there Walker No my Lord. Mr. Rec. Were they Printed in your Masters house Walker Yes Serj. Morton What room Walker In the Press-room Serj. Morton Did your Master work at the Presse about this work any part of the time Walker Yes I saw him beat some sheets L. Hide When you had printed one sheet were there not some mistakes of the Letters to be mended Walker Yes there were Literals L. Hide Who made the Amendment Walker Upon my Oath I cannot tell L. Hide Do you believe it to be your Masters Walker I cannot tell that L. Hide Have you seen your Master write heretofore Walker I have seen him write but because I have heard of them that could counterfeit mens hands I dare not swear it was his Writing L. Hide Were the amendments that were brought back like his hand Walker The Letters were something like them but I cannot swear positively that they were his L. Hide No that you cannot unless you saw him write them but was it like his hand Walker It was not much unlike his hand Mr. Recorder Did not your Master use to correct other works before this Walker Yes Mr. Recorder Then by the Oath that you have taken were not the corrections of this Book like those of other corrections by his own hand Walker I know not that Mr. Record Did any body correct books in your house but your Master Walker No Sir Serj. Morton Did not you see your Master with Copie Walker Yes he had Copy before him Serj. Morton What time was this Printed by night or by day Walker In the night time Serj. Morton What directions did your Master give you about Printing it did he direct any privacy Walker He was not much desirous of that Mr. Record At what time did you work about it Walker In the morning from two till four or five Serj. Morton Pray Sir thus were you in the house when Mr. L'Estrange came up Walker Yes Serj. Morton Were you at work then or before Walker Not when he was above but immediately before I was Mr. Record You are not bound to conceal Treason though you are bound to keep your Masters secrets Serj. Morton What were you then at work upon Walker Upon the signature D the sheet D of this Treatise Serj. Morton What did your Master say when you told him Mr. L'Estrange was below Walker Very few words I cannot be positive in them Seri Morton To what purpose were they Walker Hearing some body knock at the door I went down into the Composing room and looked through the window and saw people I imagined Mr. L'Estrange was there and I told my Master whereupon he said he was und●ne or to that effect Mr. Record Did he not wish you to make hast in composing it Walker No he did not Mr. Record How long had you been at work upon it how many dayes Walker I cannot tell justly Mr. Record You can gess Walker About three or four dayes Mr. Record Did not your Master work in that time Walker He was in the Work-house and did set Letters Mr. Record Did he not likewise Print Walker Yes he did Serj. Morton Did not you by his direction break the Form when Mr. L'Estrange came to search Walker I brake one indeed Mr. Serj. Morton What became of the other Walker My fellow prentice brake it
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.
All Three Yes L. Hide Because you shall not want Advice or any thing else you shall have all the Liberty you will desire to send for Persons but you must be Prisoners till then All three We humbly thank you Then the Jury went out and after about half an hours Consultation they 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 John Twyn to the Bar Look upon him my Masters how say you is he Guilty of the High Treason whereof he stands indicted or not guilty Foreman Guilty Cl. of Newgate Look to him Keeper Cl. Hearken to your Verdict as the Court hath Recorded it You say that John Twyn is Guilty of the High Treason whereof he stood indicted and that at the time of committing the said Treason or any time since he had no goods chattles lands nor tenements to your knowledge and so you say all Jury Yes Cl. John Twyn Thou hast been arraigned for High Treason and thereunto hast pleaded Not Guilty and for thy tryal hast put thy self upon God and the Country and the Country hath found thee Guilty what canst thou now say for thy self why the Court should not proceed to Judgement and thereupon Award Execution of Death against thee according to the Law Twyn I humbly beg mercy I am a poor man and have three small Children I never read a word of it L. Hide I 'le tell you what you shall do Ask mercy of them that can give it that is of God and the King Twyn I humbly beseech you to intercede with his Majesty for mercy Cl. of Newgate Tye him up Executioner Cryer O yes My Lords the Kings Justices command all manmer of persons to keep silence while Judgement is in giving upon pain of Imprisonment L. Hide John Twyn and John ●ursmore one convicted for clipping of money Iam heartily sorry that your carriages and grievous offences should draw me to give that Judgement upon you that I must It is the Law pronounces it God knows it is full sore against my inclination to do it I will not trouble my self or you with repeating what you have done but only this in the general John Twyn for you Yours is the most grievous and Highest Treason and the most complicated of all wickedness that ever I knew for you have as much as possibly lay in you so reproached and reviled the King the dead King and his Posterity on purpose to endeavour to root them out from off the face of the earth I speak it from my soul I think we have the greatest happiness of the world in enjoying what we do under so gracious and good a King yet you in the rancour of your heart thus to abuse him I will be so charitable to think you are misled There 's nothing that pretends to Religion that will avow or justifie the killing of Kings but the Jesuit on the one side and the Sectary on the other indeed it is a desperate and dangerous Doctrine fomented by divers of your temper and it 's high time some be made examples for it I shall not spend my time in discourse to you to prepare you for death I see a grave Person whose office it is and I leave it to him Do not think of any time here make your peace with God which must be done by confession and by the discovery of those that are guilty of the same crime with you God have mercy upon you and if you so do he will have mercy upon you But forasmuch as you John Twyn have been indicted of High Treason you have put your self upon God and the Country to try you and the Country have found you guilty therefore the Judgement of the Court is and the Court doth Award That you be led back to the place from whence you came and from thence to be drawn upon an Hurdle to the place of Execution and there you shall be hanged by the Neck and being alive shall be cut down and your privy Members shall be cutoff your Entrails shall be taken out of your body and you living the same to be burnt before your eyes your head to be cut off your body to be divided into four quarters and your head and quarters to be disposed of at the pleasure of the Kings Majesty And the Lord have mercy upon your soul Twyn I most humbly befeeth your Lordship to remember my condition and intercede for me L. Hide I would not intercede for my own Father in this case if he were alive Munday 22. Feb. 6¼ TE Court Proclaimed Cl. Set Simon Dover Thomas Brewster and Nathan Brooks to the Bar Look to your challenge The same Jury sworn anew Cl. Set Tho. Brewster to the Bar and the rest set by You of the Jury look upon the Prisoner you shall understand that he stands indicted in London by the name of Thomas Brewster c. and here he reads the Indictment For causing to be Printed and selling a Book called The Speeches c. Vpon this Indictment he hath been arraigned and thereunto hath pleaded Not Guilty and for his c. Your charge is to enquire whether he be Guilty of this Sedition and offence or Not Guilty if you find him c. Mr. North. My it please your Lordship and you Gentlemen of the Jury T. B. stands here Indicted of a foul misdemeanor it is for causing to be Printed publishing and uttering a seditious scandalous and malicious Book The Indictment sets forth That he not having c. Here Mr. North opens the Indictment and to this Indictment he hath pleaded Not Guilty If there be sufficient proof of the charge you are to find him Guilty of the matter contained in it Thomas Creek George Thresher Thomas Loft and Peter Bodvel Sworn Mr. North. Tho. Creek tell my Lord and the Jury what you know concerning Brewsters and your Printing of a Book called The Speeches c. and his uttering and publishing of it Creek I shall Sir There is a mistake in the time for it was before Christmas that Mr. Brewster Mr. Calvert and Mr. Chapman did come to me at the Cock in Little-Brittain and there they had some Copie of the beginning of the Speeches of the men that suffered that were the Kings Judges and they spake to me to Print it and I did Print part of the Book I cannot tell you how much without I had the Book and then I can tell you how much I did Print The Book being shewed him If this be my Printing I suppose it was done afterwards another Impression and I must not own it in that be was shewed one of another Impression My Lord thus far I own the Printers that are of the Jury will judge Pointing to the Page this is my Letter and here I ended L. Hide What folio is that you ended at Creek You shall see it is 36. Mr. North. By whose order did
the place of Execution Faithfully and Impartially Collected for further Satisfaction Mr. Cooke's Letter to a Friend Folio 40. And so I D●scend to the Cause for which I am in Bonds which is as good as ever it was And I believe there is not a Saint that hath Ingaged with us but will wish at the last Day that he had Sealed to the Truth of it with his Blood if thereupon called for I am satisfied that it is the most Noble and Glorious Cause that has been Agitated for God and Christ since the Apostolical Times Being for Truth Holiness and Righteousness for our Liberties as Men and as Christians for removing all Yoa●s and Oppressions and 41. It is such a Cause that the Martyrs would come again from Heaven to suffer for it if they might I look upon it as the most High Act of Justice that our Story can Parallel c. Not to trouble the Reader with all the Particulars mentioned in the Indictment Since the Rest are but more of the same in other words L. Hide What say you to this Book Brewster I desire to ask Mr. Creek a few Questions Mr. Creek How much of that in the Indictment did you Print Creek The Jury may see if they please L. Hide Truly if he saies true he saies he Printed no part of that with which you are charged but the Title Page he left off at folio 36. your charge is the Title and beginning at fol. 40. Brewster So that you see he Printed nothing for me that is in the Indictment J. Keeling Did you Print the Title Creeke Yes my Lord. L. Hide And you Printed the rest by His Calverts and Chapmans Directions Creeke They delivered me the Copy together to Print L. Hide If you have any thing to say speak to the Court the Jury will hear you Mr North. Pray my Lord give me leave to aske Creeke one question There were two Impressions Printed did not you Print more in one then in the other Creeke I am upon my Oath to the best of my Remembrance I Printed the same that I did before for I had some of it standing and so I had the same Sheets again Mr. North. Had you no more Creeke No I had rather lesse Brewster That 's usuall he that Prints the First doth Print the same of the Second L. Hide He saies he did so what have you to say to the Charge Brewster I conceive that part that I ordered the Printing of is not included in the Indictment L. Hide Yes every part He sayes in both Impressions he Printed to the 36. Folio and all the rest was Printed by your Direction Creeke No my Lord I Printed to the 36 fol. by his Direction the rest was Printed else where J. Keeling Your Indictment was This For Causing to be Printed this Book called the Prayers c. And for selling and uttering of it For the Evidence that you caused it to be Printed he swears you directed some and it is not likely you would Print half and let the other half alone we leave that to the Jury for your uttering that anon L. Hide There are these two particular Charges in the Indictment that you must answer The First is your causing it to be Printed and it is not essential or of necessity that every particular that is in the Indictment be proved to be done by you You caused this Book to be Printed with such a Title That he swears he did for you then let the Jury or any man living Judge whether you did direct the Book to be wholly perfected or by halfs The second Charge is that you Vttered them You delivered five hundred of these to be stitched up and disposed of them so that you are in Effect both Printer and Publisher of the whole Book Brewster He speaks of one part that I ordered there is no more proof and that was but to the 36. page he speaks also of some body else that was present with me and where they had the rest of the Copy Printed he tells you he knows not L. Hide Have you any more to say Brewster Yes my Lord Though he saies I caused that part to be Printed yet he doth not say I did it maliciously or w th any design against the Government L. Hide The thing speaks it self Brewster Book-Sellers do not use to read what they sell L. Hide You have forgot what he Swore You brought the Proof Brewster He did not swear that he saies Mr. Calvert's Man and sometimes others L. Hide Ask him again Creeke I did Declare that the proofs were sent for and carried away and Read sometimes by Mr. Calvert's Man and others and sometimes by his Servants not by Himself they were wrapt up and sent L. Hide For a man to pretend he did not know when he being Master sends for the proofes by his Servant for any man to suppose this is not the Masters Act nay and directing it to be done privately you shall never find a man Guilty They were sold in his Shop Brewster The grand part of the Indictment lies that it was done Maliciously and Seditiously and then it saies Knowingly Though it be granted I did do it and sell it yet it does not follow that I did it Maliciously and Seditiously I did it in my Trade we do not use to read what we put to Print or Sell I say my Lord selling of Books is our Trade and for the bare Exercising of it knowing nothing of evil in it it came out in a time too when there were no Licensers or appointed rules so that what ever was done we are not accountable for for we read very seldome more than the Title that some of the Jury knows so that I hope I cannot be said to do it maliciously or knowingly I can give testimony I am no person given to sedition but have been ready to appear upon all occasions against it L. Hide Have you any more if you have say it Brewster My Lord They are the sayings of dying men commonly printed without opposition L. Hide Never Brewster I can instance in many The Bookseller only minds the getting of a penny That declares to the world that as they lived such desperate lives so they died so that it might shew to the world the Justice in their punishment and so I think it a benefit far from Sedition It was done so long ago too it was not done in private it went commonly up and down the streets almost as common as a Diurnal it 's three years and a quarter ago or thereabouts J. Tirrel You speak of your behaviour have you any testimony here Brewster I do expect some Neighbours Maj. Gen. Brown knows me Capt. Sheldon Capt. Colchester and others I can give a very good account as to my behaviour ever since L. Hide Say what you will and call your Witnesses and make as much speed as you can J. Keeling There is another Indictment against you and while that is
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
not Justifie my self L. Ch. Ju. Hide Yes you do The Printer Swears he was to go Share and Share like he had his part he publishes them to some particular Friends I say he Justifies this He tells you in his Defence that it was commonly printed that it was done by printed Copie and that done formerly by Licence and when things are printed by Licence they do not expect or need any New or second Licence they were commonly sold asunder here they are only printed together That he sayes is nothing What is this but Justifying the printing of it Observe Weigh and see what kind of Defence here is The Title what is it The Phenix or Solemn League and Covenant you all know it and rue it When was it printed It was when the Wicked Rebels here could not Seduce sufficient numbers of the Kings Subjects to support their Rebellion and then they Invite their Dear Brethren as they called them the Scots to Unite with them The Scots were Cunning they would not do it till they had entred into a Covenant in a League and then they consent to Unite with the Rebels here This League and Covenant was indeed in defence of the King but how long so long as he defended them the Presbytery and Scotch Discipline when they had got this Good King into their hands they put what terms upon him they pleased and then were these Seditious Sermons printed Douglas his was printed in Scotland Was it Licensed here No it was done there and brought hither Then for the other Sermon by what Licence was that printed Observe the time when it was printed was it not to set forward Rebellion to set up the Scotch Presbytery And this in 45. when they were in Arms against the King after the King put himself upon his defence and was at Oxford Do you tell me of the License of Rebels Then for your Justification Now when the King is so happily returned now to publish these things a fresh to the people that they might do the same again And I tell you once again It is mercy in the King that he was not Indicted of Treason I shall leave it to you you have had it fully proved Clark Set Simon Dover to the Bar and here the Indictment is read Mr. North. Opens this Indictment as the rest Serj. Morton We have but two Witnesses and they will prove the matter clearly there were two Impressions of this book we will prove he had a share in both of them Creek Sworn again I delivered before what I can say J. Keeling Look you you must deliver all that evidence over again because it concerns another person Creek I did say and say still that to the best of my memory Mr. Dover did print part of that book and that he and I did converse about it in the time it was doing but I cannot swear it positively because I cannot remember the time when or the place where Ju. Keeling Did you change sheets with him Creek With him I cannot say but some sheets were changed by our men Serj. Morton You say you think you had some discourse with him did not you speak about the danger of printing it Creek We talked of making an end of it Serj. Morton Can you remember to what Letter you printed Creek I have shewed the Gentlemen of the Jury Ju. Keeling Had you no discourse of the danger of it Creek I thought it could not come to any thing I did tell Sir R. Brown then Lord Mayor that if they hanged twenty more I thought I should print their Speeches J. Keeling You knew the contents of the book Creek Yes I did Ju. Keeling Such men as you the King and the Government hath a great interest in your Trade that you should think it lawful to print what a man sayes when he dies and to scatter it abroad though never so bad it s a great offence I would not have it pass for so clear a thing L. Ch. Ju. Hide If you are of such Principles to print what you list you are not fit to live in a civil place for a Printer or Bookseller to print any thing one against the other is Actionable L. Ch. Ju. Hide Do you think the Press is open to print what you list Creek I did so then L. Ch. Ju. Hide I 'le deal plainly with you for this book if you had had your due you ought both to have been drawn hang'd and quarter'd L. Ch. Ju. Hide When did you give Mr. L'Estrange information of this matter Creek Lately when I was a Prisoner in Ludgate Mr. Royston One of the Jury I desire to ask him one Question whether Mr. Creek saw this book a printing at Mr. Dovers house or no Creek No I did not Serj. Morton They changed sheets Thresher sworn Thresher This is all that I have to say that the first night that Mr. Brewster sent for me to stitch these books it was very late before we could get them I went that night to Mr. Dovers and had some of the sheets the rest at Mr. Creeks I did not see him print any of them Serj. Morton What quantity was there of them Thresher I suppose there was two or three hundred sheets Mr. North. Were they not of this book Thresher Yes of the Speeches Mr. North. Where were they delivered Thresher In the lower room I suppose some of them were hanging upon lines before I had them L. Ch. Ju. Hide What say you to it Dover I desire to ask him some Questions I do say I never saw the man before I would ask whether ever he saw me before in his life Thresher Not before that I was never in his house buy that night s by this token I saw you and you me when I came for the sheets you asked Mr. Brewster whether he and Mr. Calvert were agreed or else you would not deliver the sheets Dover I desire to know what time and place I am charged in the Indictment on a day and place L. Ch. Ju. Hide That 's not very material Dover He fixes nothing on me L. Ch. Ju. Hide That the Jury can best tell have you any more questions Dover No my Lord. The Indictment and Books were Compared Dover My Lord there is no Person swears that I Printed it or part of it Nothing fixed upon me L. C. J. Hide The first man swears that you set it to Printing Creek I do not swear it positively I never saw him Print a sheet it was the report of the Town that he did it L. Ch. Ju. Hide You printed it for whom Creek For Brewster Calvers and Chapman L. Ch. J. Hide But you say that you and he did converse about it when it was Printing Creek I did say to the best of my memory we did L. Ch. J. Hide By the Oath you have taken who did you change sheets with Creek I cannot say I did change any with him I say that some sheets were changed by my men