Selected quad for the lemma: book_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	england_n	king_n	year_n	2,458	5	4.8013	4	true

Text snippets containing the quad

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

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

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

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

have scarce troubled my self to give your Lordship and the Jury this Trouble But I must say and I do believe that there is no man whatsoever that stands to have vices of this nature convicted and punished but desires the Protestant Religion may be supported to the utmost and that Popery may be supprest But I say who ever it is that after this evidence who is bound by his Oath to go according to evidence shall acquit this man he must be a man of a Humming Conscience indeed Sir F. W. I shall hint one thing to your Lordship in this case That it is an unlikely thing that a Papist should set out this Pacquet at this time For then my Lord how came it to Pass that Mr. Carr had none came out that Week for his is a weekly intelligence If Mr. Carr's had come out and this likewise there had been some pretence for this but since there came out but one that the Papists set out this is unlikely They have not pretended to bring in any body else as the Author but there own Witnesses say and they themselves say he was looked upon as the Author Those things that are done against the Government are never done in the face of the Government L. C. J. Really Gentlemen I thought not that this had been a Cause of that Moment that now I find it For their very Disturbance hath altered it from Mr. Carr's to a publick concern The noise which they make this way that these People use that with their shouts and noise attend the cause hath quite spoiled it As in the Case of Harris But those People that did then attend him leave following him in a Goal for Five Hundred Pounds which may be five shillings a piece had discharged him of if they had been as free of their purses as they are of their noises and acclamations So that in Truth they are only violent against the Government whilest they can make shouts and noises but if it come once to deliver a man from a penal sum they will let him rott in Goal For so Harris sent to me that his Party had all forsaken him and no man would give him any thing And this is for those Hummers those brave fellows that seem to espouse a Cause and yet leave their Party in distress but let them go away with this that they prove themselves hereby Enemies to the Government and false to that Interest and Men that they seem to espouse that come only here to affront a Court of Justice with their Shouts and Noises and will not relieve their Party for this is the Complaint of Harris and the Disparagement of all men that come to espouse it This Cause the truth on 't is I did not look upon to be of this nature and moment when it was opened For though there are in this very Paper upon which the Information is grounded words malitious and reflective enough yet they were not so apparently appropriated that a man might observe an extraordinary Design in them This I thought but really the case is altered even by those Men. For I 'le tell you Harris is poor and his keeping in Prison is principaly occasioned from the manner of the reception of his Punishment which he calls His Pardon And therefore these Fellows these Hummers let them all know when ever they come to espouse a Cause of publick Concern against the Government they spoil it and when they are taken then they ruine one another And this is like to be so for none will help them with a Groat And this is the misfortune of that unfortunate Man Harris that he hath no place of Mercy left him from the King because he was attended with such a rabble as these People are that have made a noise here and ye● will give him no help nor assistance when he wants it And let them know it hath turned this mans Cause into a publick Cause because here are People that do espouse it and the Government is hereby concerned much more than by any one Action that this Carr could have done I have said so much the more of this that I might shew you to what a sad Cause this is brought from what at first it was For if it had past without such a noise as you see how they express themselves I should not have thought much matter in it and though you had convicted him I should have thought a better Sentence might have served the turn but they have undone Carr if you find him guilty and so it 's like to prove when ever there is a popular attendence upon publick Causes that concern the Government The present case it stands thus Mr. Carr here is an Information brought against him for publishing a printed Pamphlet called The Pacquet of Advice from Rome and in it there are recited some Particulars which were observed to you before which was not well done but yet not so insolently done as some perhaps do conceit The Question is whether he was the Author or Publisher of this You hear he is thought the Author but say his Councel it is not plain and that is true But it seems by their own Witnesses to any mans Understanding that they look't upon him as the Author But then is he the Author and Publisher of this particular Book I had rather Mr. Carr with all his Faults about him and his Hummers should go away with applause and have him found not guilty than do him wrong in one Circumstance for I come to try Causes according to the truth of Fact I come not to plead on one side nor another Not to Condemn Men that are Innocent nor to acquit them if they be guilty Now it remaines for you to consider what Proofs you have as to this particular Book against which the Information lies And that 's the Printer himself who is one of the best sorts of Evidence that can be had for you very well know that Evidences of Fact are to be expected according to the nature of the thing That is Forgery is not to be proved so plainly as to expect Witnesses as you do at the sealing of a Bond for Men do not call Witnesses when they forge a thing Therefore in things of that nature we are fain to retreat to such probable and conjectural Evidence as the matter will bear I believe some of you have been of Juries at the Old-Bayly and that even for Mens Lives you have very often not a direct Proof of the Fact of the Act or of the actual Killing but yet you have such Evidence by Presumption as seems reasonable to Conscience If there be a known Case in Mens Lives certainly that should govern in Offences and especially when Offences are of a nature that reflects upon the Government As for those Words Illicite malitiose unlawfull for that I must recite what Mr. Recorder told you of at first what all the Judges of England have declared under their hands