trying your Neighbours may come Brewster My Lord I shall desist for the present Serj. Morton May it please your Lordship and you Gentlemen of the Jury I am of Council for the King against Tho Brewster Bookseller that stands here Indicted for that he contrary to the duty of his Allegiance which he owes to our Soveraign Lord the King he did cause maliciously a seditious and scandalous Book to be printed wherein there are divers scandalous clauses contained that are in disparagement of the Kings Royal Prerogative and against his Government Crown and Dignitie and likewise that he has sold and uttered the same Books in contempt of his Majesties Laws This is the effect of the Indictment it has been proved to you by four Witnesses that for which he stands Indicted First that he did cause part of the Book to be Printed that 's clearly proved by Creek likewise that he has sold and uttered those Books in his Shop nay he confesses that he did and saies they were sold openly as a Diurnal and therefore he thinks it was lawful for him to do it he has gone about to make a defence of this his seditious behaviour he tells you he did not print all the Book it is not said that he printed such and such a Letter of the Book but that he caused such a Book to be printed and it is to be presumed if he caused one part he would cause the other or otherwise it would be a Book of maimed sence and imperfect Gentlemen for the uttering and selling of them that himself confesses you have heard the excuses he hath made whether you will not find him Guilty of this crime that I must leave to you and to the direction of the Court. L. Hide You of the Jury you see the Indictment is for causing a libellous and seditious Book to be printed under such a Title that is The Speeches and Prayers c. It is for causing this seditiously factiously and wickedly to be printed and for selling and publishing it abroad to the Kings people For the matter of Evidence you have heard it I will not repeat the particulars to you only something to what he has said that you may not be misled First He saies it does not appear that he did it maliciously or knowingly there are some things that you that are of the Jury are not to expect Evidence for which it is impossible to know but by the Act it self malice is conceived in the heart no man knows it unless he declares it As in Murder I have malice to a man no man knows it I meet this man and kill him the Law calls this malice If a man speak scandalous words against a man in his calling or trade he laies his action Malice though he cannot prove it but by the words themselves If I say a Printer or Stationer is an ignorant person has no skill in his Trade I would not have any man to deal with him he understands not how to Set Letters or the like here is nothing of malice at all appears yet if you bring your Action you must lay it Maliciously it is the destroying your Trade and you will have damages I instance in this particular that you may see there is malice supposed to a particular private person in that slander much more to the King and the State The thing it self in causing a Book to be printed that is so full of scandals and lies to inveigle misguide and deceive the people this is in construction of the Law Malice though no malice appear further The next is this factiously seditiously knowingly This carries sedition as well as malice Such a barbarous transcendent wretch that murdered his Prince without the least colour of Justice to declare that he rejoyced in his bonds and that the Martyrs would willingly come from Heaven to suffer for it horrid blasphemy all the Saints that ingaged in it to wish that they had sealed it with their blood what can you have more to incourage and incite the people to the killing of Kings and murdering their lawful Prince This they publish and say it was spoken publickly let it be upon his own soul that did it for in case he did it no man knew it but those that heard it But to publish it all over England 3000 of the first Impression and a second This is to fill all the Kings Subjects with the justification of that horrid murther I will be bold to say Not so horrid a villany has been done upon the face of the earth since the crucifying of our Saviour To Print and publish this is Sedition The next thing is your Trade I have a Calling to use and I may justifie the using of it so long as I use it lawfully but that must not justifie me in all manner of wickedness against the King and State As if a Lawyer I will put it in my own Coat pleads a mans Cause and against the King this is justifiable he ought to plead for his Client but he must plead as becomes him if a Lawyer in defence of his Client will speak Sedition do you think he is free from being punished so of a Printer if a Printer prints seditious and factious Books he must look to himself that 's no part of his Calling to poison the Kings people so though printing of a Book be lawful he must use it as the Law appoints him and not to incite the people to faction Writing of Letters you know it is common and lawful but if I write Treasonable Letters give notice to Rise do such and such unlawful acts I am to be punished for these Letters A Printer he is a publick Agent he is to do what he is able to answer or else he must take what follows He saies there was no Act against bim It is true you see he is not Indicted upon the Statute but at the Common Law for an offence in the nature of a Libel If I were a Printer and would compile a Pamphlet against a man though not in Authority and disparage him this is the publishing of a Libel and an offence for which he ought to be Indicted and punished by the Common Law and he that prints that Libel against me as a publick person or against me as Sir Robert Hide That Printer and he that sets him at work must answer it much more when against the King and the State Another thing is this he talks to you of dying mens words if men will be so vile to be as wicked at their deaths as they had been in their lives put the Case of that man on Saturday convicted for printing a horrible villainous thing if he will be so unchristian to himself as to justifie this at his death or to speak as bad as he had caused to be printed is that a Justification to publish them because they are the words of a dying man God forbid a Robber declares at the Gallows it is for a
An Exact NARRATIVE OF THE Tryal and Condemnation OF John Twyn FOR Printing and Dispersing of a Treasonable Book WITH THE TRYALS Of Thomas Brewster Bookseller Simon Dover Printer Nathan Brooks Bookbinder FOR Printing Publishing and Uttering of Seditious Scandalous and Malitious Pamphlets At Justice-Hall in the Old-Bayly London the 20 th and 22 th of February 1663 4. Published by AUTHORITY London Printed by Thomas Mabb for Henry Brome at the Gun in Ivy-lane 1664. To the Reader IT is by Authority that these Tryals are Published and exact care has been taken that the Criminals may be as fairly used in the Narrative as they were at the Bar and how they were there dealt with let the Reader judge It may be noted in the first place that of Four Lives forfeited to the Law the Kings incomparable Clemency would take but One for as the Lord Chief Justice Hide often and excellently observed It was only his Majesties Mercy toward the other three to call that a Misdemeanour which the Law calls Treason In the next place may be observed the Tenderness of the Court not only in the large allowances of Freedom and Favour to the Prisoners while they were upon their Tryals but in the Adjournment of the Sessions from Saturday till Munday only for their sakes that they might want nothing which even they themselves thought necessary for their defence And Thirdly It is considerable That the One half of the Jury were Book-sellers and Printers whose Interest lay against the Verdict if they had not been Governed by a stronger Impulse of Loyaltie and Justice To descant upon the Hainousness of their Offences is not within the Prefacers Commission neither shall any mention be made unnecessarily of their Names but to speak one word concerning the Books Themselves for which they have suffered and Another touching the Reasons of laying open to the World what is here Exposed will not I presume be altogether Impertinent or Vseless Of the Treatise for which Twyn dyed a little shall suffice It was Moulded and Timed for the 12 th of October and any man that shall compare the Cast and Bias of it with the Rebels late Declaration in the North will swear that they were Both written with the same Ink. It was in fine an Arrow drawn out of a Presbyterian Quiver Lex Rex The very Shaft that formerly pierced the Late King through the Heart now Levelled at This. As to the Pamphlets whereupon the other Three were Indicted viz The Speeches and Prayers of some of the late Kings Judges c. Be it known to the Reader that this Book was not as it pretends to be a true account of the words written or spoken of dying men but a meer Forgery and Imposture Fathered upon those that were Executed but contrived by the Traytors that scaped as deeming it their safest way to publish the designs of the living in the words of the dead and the most conducing to their Project of destroying the Present King to perswade the Multitude into a good Opinion of the Murder of the Last To conclude Notorious it is that the whole Libel is a Cheat the Letters and Speeches a Counterfeit and framed only by Recommending one Rebellion to stir up Another The Phaenix whereupon Brewster only was Indicted was Printed soon after the burning of the Covenant by Order of Parliament and bears for the Device a Phaenix Rising out of the Flames The Drift of which Book is to Charge Damnation upon the Deserters of that Impious League and to Authorize a Rebellion Upon the whole Businesse These are but Three of above Three Hundred several Sorts of Treasonous Seditious Schismatical and Scandalous Books Libels and Papers Printed since His Majesties Return which are already Gathered into a Catalogue and the Pamphlets Themselves in Readinss to be produced whensoever Authority shall Require it Beside Those Numbers that have Escaped the Observation of the Collector If there be any Man that will yet pretend to doubt of a Settled Formal Plot against His Sacred Majesty and the Establish'd Government let him but advise with these Horrible Luxuriances of the Press and he shall either Renounce his Reason or Confess that The Generality of all the Separate Factions within the Kings Dominions are Engaged in the Conspiracy And it is no more wonder to find a People Distemper'd that 's entertain'd with Poyson instead of wholesome Nourishment then to see the Sea Rage when the Winds blow Thus much said might seem to give the Disaffected Party a greater Reputation then Convenient were it not that their maine Design has lately suffered so Fatal a Disappointment that many of them are at this Instant under a Course of Justice Others in Custody and Expecting it and the Residue neither in Humour nor Condition to prosecute the Quarrel Being so fully satisfied of the Vigilance Power and Activity of the Kings Friends which in Effect are as many as either Love the Publique or themselves that they find it morally impossible for them ever to bring any Villanie to Perfection upon so desperate a Bottome Beside that they have Undeceived the World and made appear to His Sacred Majesty that all Mercy is lost upon them To pass now to the Reasons of Publishing this Relation and there to make an End First There has not been any One Traytor cut off by the Stroke of Justice since the Blessed time of His Majesties Restauration whose Case and Tryal has not been Surreptitiously Printed and Published and impudently in Justification of the Offender with most Scandalous Reflections upon the King and His Government Except the Late Tryals in the North which are violently presumed to be at this Instant upon the Forge So that To Prevent mis-informations is one Reason of Publishing This Narrative A Second is To manifest the Insufferable Liberties of the Presse and the Necessity of bringing it into better Order Thirdly and Lastly It is Published for a Caution to all Persons whatsoever that they may see the Hazzard of Dispersing of Books as well as Printing of them and to the end that none presume to flatter themselves with an Expectation of coming off in Cases of Treason and Sedition upon the Plea of Trade or Ignorance His Majesty being Justly Resolved upon a Strict and Necessary Severity toward all Offenders in that Kind for the Future Five several Indictments Beeing drawn up viz. One of High-Treason against John Twyn Printer and the other Four for Sedition viz. Two against Thomas Brewster Book seller One against Simon Dover Printer and One against Nathan Brooks Bookbinder were Presented to the Grand-Inquest in London at the sessions of Goale Delivery of Newgate holden at Justice-hall in the Old Baily the 19th day of February 1663. Except that against Brooks which was found the day following by the same Inquest And after divers Witnesses were Sworn and Examined before the said Grand Inquest the said Bils of Indictment were severally returned Billa vera The Names of the said Grand
they call'd a Smith with intent to force it open when they came in they found a Form brought out of the Printing Room and broken all but one Corner That taken up by a Printer and compared with the Lines of the Printed Sheets and found to agree Some of the Sheets were Printed on one side only the rest perfected you threw them down Stairs part into your Neighbours House Said You were undone when you understood Mr. L' Estrange was there What needed all this but that you knew what you were doing And did it purposely to do mischief Twyn I did never Read or hear a line of it but when Mr L' Estrange read it when I was taken Judge Keeling Was it printed at your House or no Twyn I know not but that it might not that I did it with my own hand Judge Keeling The papers were found wet wiâ—h you who was in your House Twyn My two Servants Judge Keeling Did any set them at work but your self did they work of their own heads Twyn I did use to set them at work but I did not set them on that particular work L. Hide Have you any thing else to say God forbid but you should be heard but the Jury will not easily believe such denialls against so much Evidence Judge Keeling Tell us to whom you carried this Copy to be Corrected Twyn I know not who Corrected it L. Hide If you have any thing to say speak it God forbid but you should have a full hearing say what you will Twyn I say I did not read it nor heard it till Mr. L'Estrange Read it L. Hide Have you any thing else Twyn It 's possible I may upon Consideration L. Hide We cannot spend all the day I must let the Jury know they are not to take your Testimony Serj. Morton I am of Councel for the King I shall reply if he will say no more Judge Keeling You have heard your Charge this is your time to make your Answer if you do not speak now you must not speak after therefore if you have any thing to speak in your Justification or witnesses to call now is your time L. Hide Let me give you this Caution we cannot spend time in vain we have other business before us and it grows late The best Councel I can give you is this You said at first that You desired to be Tryed in the presence of God You are here in the presence of Almighty God and I would to God you would have so much care of your Self and do so much right to your Self to declare the Truth that there may be means of mercy to you The best you can now do toward amends for this Wickednesse you have done is by discovering the Authour of this Villainous Book If not you must not expect and indeed God forbid that there should be any mercy towards you Twyn I never knew the Author of it nor who it was nor whence it came but as I told you L. Hide Then we must not trouble our selves Did you never see the hand before with which this Copy was written Twyn No. L. Hide I am very confident you would not then have been so mad as to have taken such a Copy A Copy fraught with such abominable Treason and Lies Abusing in the first place the late King that is dead who was I 'le be bound to say it as Virtuous Religious Pious Mercifull and Just a Prince as ever Reigned and was as Villainously and Barbarously used by his Rebellious Subjects Nay you have not rested here but have fallen upon this King who has been Gentle and Mercifull beyond all President Since He came to the Crown He has spared those that had forfeited their Lives and all they had And he has endeavoured to Oblige all the rest of His People by Mildnesse and Clemency And after all this for you to Publish so Horrid a Book you can never make amends God forgive you for it Twyn I never knew what was in it L. Hide You of the Jury I will say only this that in point of Law in the first place there is no doubt in the World by the Law of the Land the Publishing such a Book as this is as High a Treason as can be Committed by this he has indeavoured to take away the Life of the King and destroy the whol Family and so consequently to deliver us up into the Hands of Forreigners and Strangers It is a great blessing that we have the Royal Line amongst us But I say there is no Question and my Brothers will declare the same if you doubt it that this Book is as fully Treason by the Old Statute as much the Compassing and indeavouring the Death of the King as possible and he rests not there but he incites the People to Rebellion to Dethrone Him to raise War And the Publishing of this Book is all one and the same as if he had raised an Army to do this The Proofe is that he Set part Printed part and Corrected it by his own Confession read it over it was mettlesome stuffe Confessed how many Sheets he Printed the Reward and Recompence you took notice of it and I presume no man among you can doubt but the VVitnesses have spoken true and for his Answer you have nothing but his bare denyal and so we shall leave it to You. Set Simon Dover to the Bar. Dover My Lord I pray time till Munday morning I have sent away the Copy of my indictment L. Hide The Sessions will be done to Night Mr. Recorder and the rest are to go away on Munday and therefore we must end to night Dover I beseech your Lordship I may have time till night L. Hide Men Clamour and say they are hardly used their Tryals being put off Are you content to lye in Goal till the next Sessions Dover No my Lord I have had enough of that we are willing now to have it Tryed L. Hide You have had a kindness done you that it iâ— not laid Treason and therefore go on to your Tryal But because you shall not say you are surprized if you will not go on now you must lye in the Goal till the next Sessions we cannot Bail you Dover My Lord the Indictment is full of Law and I understand not the Formalities of it I desire but till four a Clock L. Hide We must do it before we go to dinner or not at all for there is Judgement to be given to the Goal and all of us Judges are Commanded by the King to attend him to night Dover I am not able to plead to it L. Hide Then because you shall not say you had not all the Right imaginable we will dispatch the rest of the Goal to night and Adjourn the Sessions till Munday morning and you shall then have a fair Tryal by the help of God you and your Company Nathan Brookes and Thomas Brewster are you all desirous to be Tryed on Munday morning
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 â—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 â—o you to stich up Thresher Yes and please you my Lord and I had them by Mr. Brewsters order to â—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
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
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
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 â—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
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
publishing The Speeches c. or not guilty Foreman Guilty Cl. How say you is Nathan Brooks guilty of the Offence for printing and selling the said book Foreman Guilty of selling it Cl. Hearken to your Verdicts as the Court hath Recorded them You say that c. and so you say all Jury Yes Mr. North. My Lord we humbly pray Sentence against the Prisoners L. Ch. Ju. Hide You three Tho. Brewster Simon Dover and Nathan Brooks you have been severally Indicted for a Hainous and great Offence Brewster you have been Indicted for two several books as full of Villany and Slander and Repreach to the King and Government as possibly can be and I will tell you all three It is the Kings great mercy you have not been Indicted Capitally for every one of those books are fill'd with Treason and you for Publishing of them by strictness of Law have for feited your Lives and All to the King It is his Clemency towards you You may see the Kings Purpose He desires to Reform not to Ruine his Subjects The Press is grown so common and men take the boldness to Print what ever is brought to them let it concern whom it will it is high time Examples be made 1. I must let you and all men know by the course of the Common Law before this new Act was made for a Printer or any other under pretence of Printing to Publish that which is a Reproach to the King to the State to his Government to the Church nay to a Particular person it is Punishable as a Misdemeanour He must not say He knew not what was in it that is no Answer in Law I speak this because I would have men avoid this for time to come and not think to shelter themselves under such a Pretence I will not spend time in discoursing of the nature of the Offence it hath been declared already it is so High that truly the highest Punishment that by Law may be justly inflicted is due to you But Tho Brewster your Offence is double therefore the Judgement of the Court is That You shall pay to the King for these Offences committed 100. Marks And for you the other two Simon Dover and Nathan Brooks You shall pay either of you a Fine of 40 Marks to the King You shall either of you severally stand upon the Pillory from Eleven to One of the Clock in one place at the Exchange and another day the same space of time in Smithfield and you shall have a Paper set over your Haâ—â— declaring your Offence For Printing Publishing Scandalous ' Treasonable and Factious Books against the King and State You shall be committed til the next Gaol-Delivery without Bayl and then you shall make an Open Confession and Acknowledgement of you Offences in such words as shall be Directed you and afterwards You shall remain Prisoners during the Kings Pleasure and when you are Discharged you shall put in good Security by Recognizance your selves 400l a peece and two Securities each of you of â—00l a peece not to Print or Publish any Books but such as shall be allowed of And this is the Judgement of the Court. IN the Interval betwixt the Condemnation and Execution of John Twyn diverse Applications were made to him in order both to his Temporal and Eternal Good and in particular Mr. Weldon the Ordinary of Newgate spent much time and pains upon him to convince him of that horrid Crime for which he was to Suffer Particularly pressing him to a Confession both of his Offence and of the Author of that Treasonable Piece for which he was to Die His Answer was That it was not his Principle to betray the Auâ—hour but it belong'd to others Whereupon Mr. Ordinary demanded of him What it was that could prevail with him to undertake the Printing of it He said He was a Poor man that he had Received 40s and the Promise of a Larger Summe whereupon he undertooke it but who it was that made him that Promise he would not'discover Mr. Ordinary did likewise further urge him to a Confession of the Author upon a Confidence that such a Discovery might save his Life To which he Replyed that he neither could do it not did believe himself obliged to 〈◊〉 〈◊〉 he could for better sayes he one suffer then many Being pressed to receive the blessed Sacrament he return'd that he was not free to do it He was against receiving according to the Forms of this Church and he hoped he might do well enough without it and in this temper he continued till he came to the Place of Execution Where going up the Ladder Mr. Sheriff told him that if he had any thing to say he should remember the cautions he had given him Twyn I suppose this appearance of people doth expect that I should say something as to the matter I come here for It is true I come here Condemn'd as a Traytor for printing a book taken to be and owned to be and judged to be Scandalous and Seditious Sir R. Ford. And Treasonable put that in too Twyn For my own part I can say this I knew it not to be so till I came to the Bar to be Tryed I was surprized in the doing of it both in the beginning and at last I was clear and free in my own thoughts as to intend any Sedition Sir R. Ford. I would not willingly interrupt a dying man I told you before that you must not declare any thing in justification or mitigation of so soul a Crime but if you had any thing to say that was for the disburthening of your own Conscience or to give any good Admonitions to the people to beware of falling into the like Crime you should be patiently heard but I wonder you should go about to justifie your self in this when you did confess both to my brother here and my self after Sentence that That which was passed upon you was just and deserved Twyn I do not say otherwise of it but that it was just but as to my ignorance of the matter of intending or imagining to foment and contrive any such thing tending to such ends but barely for getting a little mony for my Family I was as clear as the Child unborn of any other design knowingly of any such thing I do look upon it as a Surprizal First I was Surprized in this matter by reason of that dangerous sickness and weakness I was in when it was brought I received it with my own hands but it was wrapt up in wast paper and so I delivered is to my servant he went on with it and two or three dayes after it was taken from me by those that came to search my house who themselves told me they came upon information so that it was a matter I was surprized with when it was brought in by reason of my sickness and weakness being unable to over look it And likewise as soon as it was brought in the third day