Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	believe_v	know_v	see_v	1,586	5	2.9951	3	false

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

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

J. I will assure you a Non est Factum can't pass at this rate Mr. Jones Who did you take to be the Man that sent you all the Pacquets M. I very seldom took any because I was not alwayes in sight L. C. J. Who did you understand M. I understood they came from Mr. Carr. L. C. J. Have you any more Read the Words in the Information Clerk Fryday the 1st of August 1679. The●e is lately found out by an experienced Physitian an incomparable Medicament called The Wonder-working 〈◊〉 Truely Catholick in Operation somewhat of Kin to the Jesuits Powder but more effectual The Vertues of it are strange and various It makes Justice deaf as well as blind and takes out Spots of the deepest Treason more cleaverly than Castle-Soap does common Stains It alters a Man's Constitution in two or three dayes more than the Virtuosi's Transfusion of Blood in seven Years 'T is a great Alexipharmick and helps Poysons and those that use them It miraculously exalts and purifies the Eye-Sight and makes People behold nothing but Innocency in the blackest Malefactors 'T is a mighty Cordial for a declining Cause it 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 infallably performs all the said Cures and many others not fit here to be mentioned Probatum est Sir F. W. I am Councel for the Defendant May it please your Lordship and you Gentlemen of the Jury I am Councel in this Cause And the Question is Whether or no we must take the Information as it lies And truely for the first part of it whether there was a Plot or no I do not intend to make exceptions for I believe there was one and do intend to take it as in the Information Gentlemen we are to proceed now to this other Question which is my Lord Whether or no this Defendant that is Carr did falsely and malitiously and with design to scandalize the Government cause to be printed and published this false Libel that is in the Information Now truely my Lord We that are for the Defendent say we are not guilty My Lord we very well know how penal a thing it is for a Man to be the Author of a Libel that relates to the Scandal of the Government And my Lord whether this Defendent be guilty of this or no we must submit that to your Lordships and the Juries consideration They have produced two Witnesses that is to say the Printer and his Man Now my Lord there hath been going out for some time a Weekly Pacquet of Advice from Rome and I did ask the Witnesses for the Information Points at one Paragraph and puts the Paragraph In haec verba I did ask him whether or no he did send or whether the Matter that he sent is that contained in this Information That he could not Swear but must be left in point of Evidence it being we allow a very penal Matter The second Witness and the first Witness likewise say there was a Boy but whether that Boy came by his Masters direction he does not know I ask't him if ever his Master sent the Boy he does not know he says that he sent him But the last Witness says divers were had from the hands of Carr but whether it was the thing that is now complained of there is the Question and that is in the dark For by your Lordships leave I do not understand that ever this man was complained of to any publick Magistrate for writing this Book for it was thought he was a Satyrist against Popery and thought to be very well liked on til this Fault was found with it and 't may be very justly whether or no we be guilty of this is uncertain for we know in the Age we live in there are two many shams put upon men and who knows but that the Papists that might have an ill will to this Mr. Carr that hath been no Friend to them might shuffle in this Paragraph by that means to have Justice come upon him I would not contrive against common Evidence where a Man is guilty to the Publick but we know there are abundance of Artifices in this Age to abuse Men. For this purpose I hope your Lordship and the Jury will expect that you should have positive Evidence against him Now granting your Lordship should have Conjectural Evidence that he did cause it to be Printed and published that this Man did write it is I say very uncertain for there is no positive Evidence What a man may have in his private thoughts of it is not enough but whether Secundum allegata probata it shall be alleadged and proved that this man was the Author of it Now my Lord I say I must submit it to your Lordship I say that as to the causing it to be Printed or the causing it to be Published or that this individual Paragraph was writ by him in Order to its being Printed or published my Lord I say there is but remote and conjectural Evidence and an angry Papist might contrive this way to have an Innocent Protestant found guilty People Hem L. C. J. You see what a Case we are in Gentlemen You see what a sort of People we are got among Go on Sir Francis Sir F. W. With your Lordships leave I have one thing to put to your Lordship The Information sayes false illicite malitiose I know there are some things that do imply Malice in themselves Truly my Lord I am upon a tender Point and know not how to express my self I say supposing it should fall out that this Man writ this Book and he might have some little extravagancies in his Head in writing whether this Man did it malitiously to scandalize the Government as the Information says is a Question Truely my Lord there is many an indiscreet Act a man may be guilty of that cannot be called a malitious Act and that is the second thing there must be Evidence that this Man did it malitiously or that he did it with a design to scandalize the Government If you be of Opinion that it is otherwise that is in your Lordships Breast we are of the Negative and we say we can't prove a Negative But if you find him Innocent I suppose there will be no Cause to complain of him afterwards for he had no Malice in his Heart Mr. W. My Lord it can never be supposed that a good Man and a good Subject should do an ill Action If he be a very good Subject if he be upon a Square in every respect a Person that loves his King and loves the Government in Church and in State if he be such a Person he cannot be thought guilty my Lord we will prove him to

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