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cause_n	call_v	king_n	name_n	1,874	5	5.0780	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A38938	An exact narrative of the tryal and condemnation of John Twyn for printing and dispersing of a treasonable book with the tryals of Thomas Brewster, bookseller, Simon Dover, printer, Nathan Brooks, bookbinder, for printing, publishing, and uttering of seditious, scandalous, and malitious pamphlets : at Justice-Hall in the Old-Bayly, London, the 20th, and 22th of February, 1663/4.	Twyn, John, d. 1664.; Brewster, Thomas.; Dover, Simon.; Brooks, Nathan.	1664 (1664)	Wing E3668; ESTC R15143	52,156	88

trying your Neighbours may come Brewster My Lord I shall desist for the present Serj. Morton May it please your Lordship and you Gentlemen of the Jury I am of Council for the King against Tho Brewster Bookseller that stands here Indicted for that he contrary to the duty of his Allegiance which he owes to our Soveraign Lord the King he did cause maliciously a seditious and scandalous Book to be printed wherein there are divers scandalous clauses contained that are in disparagement of the Kings Royal Prerogative and against his Government Crown and Dignitie and likewise that he has sold and uttered the same Books in contempt of his Majesties Laws This is the effect of the Indictment it has been proved to you by four Witnesses that for which he stands Indicted First that he did cause part of the Book to be Printed that 's clearly proved by Creek likewise that he has sold and uttered those Books in his Shop nay he confesses that he did and saies they were sold openly as a Diurnal and therefore he thinks it was lawful for him to do it he has gone about to make a defence of this his seditious behaviour he tells you he did not print all the Book it is not said that he printed such and such a Letter of the Book but that he caused such a Book to be printed and it is to be presumed if he caused one part he would cause the other or otherwise it would be a Book of maimed sence and imperfect Gentlemen for the uttering and selling of them that himself confesses you have heard the excuses he hath made whether you will not find him Guilty of this crime that I must leave to you and to the direction of the Court. L. Hide You of the Jury you see the Indictment is for causing a libellous and seditious Book to be printed under such a Title that is The Speeches and Prayers c. It is for causing this seditiously factiously and wickedly to be printed and for selling and publishing it abroad to the Kings people For the matter of Evidence you have heard it I will not repeat the particulars to you only something to what he has said that you may not be misled First He saies it does not appear that he did it maliciously or knowingly there are some things that you that are of the Jury are not to expect Evidence for which it is impossible to know but by the Act it self malice is conceived in the heart no man knows it unless he declares it As in Murder I have malice to a man no man knows it I meet this man and kill him the Law calls this malice If a man speak scandalous words against a man in his calling or trade he laies his action Malice though he cannot prove it but by the words themselves If I say a Printer or Stationer is an ignorant person has no skill in his Trade I would not have any man to deal with him he understands not how to Set Letters or the like here is nothing of malice at all appears yet if you bring your Action you must lay it Maliciously it is the destroying your Trade and you will have damages I instance in this particular that you may see there is malice supposed to a particular private person in that slander much more to the King and the State The thing it self in causing a Book to be printed that is so full of scandals and lies to inveigle misguide and deceive the people this is in construction of the Law Malice though no malice appear further The next is this factiously seditiously knowingly This carries sedition as well as malice Such a barbarous transcendent wretch that murdered his Prince without the least colour of Justice to declare that he rejoyced in his bonds and that the Martyrs would willingly come from Heaven to suffer for it horrid blasphemy all the Saints that ingaged in it to wish that they had sealed it with their blood what can you have more to incourage and incite the people to the killing of Kings and murdering their lawful Prince This they publish and say it was spoken publickly let it be upon his own soul that did it for in case he did it no man knew it but those that heard it But to publish it all over England 3000 of the first Impression and a second This is to fill all the Kings Subjects with the justification of that horrid murther I will be bold to say Not so horrid a villany has been done upon the face of the earth since the crucifying of our Saviour To Print and publish this is Sedition The next thing is your Trade I have a Calling to use and I may justifie the using of it so long as I use it lawfully but that must not justifie me in all manner of wickedness against the King and State As if a Lawyer I will put it in my own Coat pleads a mans Cause and against the King this is justifiable he ought to plead for his Client but he must plead as becomes him if a Lawyer in defence of his Client will speak Sedition do you think he is free from being punished so of a Printer if a Printer prints seditious and factious Books he must look to himself that 's no part of his Calling to poison the Kings people so though printing of a Book be lawful he must use it as the Law appoints him and not to incite the people to faction Writing of Letters you know it is common and lawful but if I write Treasonable Letters give notice to Rise do such and such unlawful acts I am to be punished for these Letters A Printer he is a publick Agent he is to do what he is able to answer or else he must take what follows He saies there was no Act against bim It is true you see he is not Indicted upon the Statute but at the Common Law for an offence in the nature of a Libel If I were a Printer and would compile a Pamphlet against a man though not in Authority and disparage him this is the publishing of a Libel and an offence for which he ought to be Indicted and punished by the Common Law and he that prints that Libel against me as a publick person or against me as Sir Robert Hide That Printer and he that sets him at work must answer it much more when against the King and the State Another thing is this he talks to you of dying mens words if men will be so vile to be as wicked at their deaths as they had been in their lives put the Case of that man on Saturday convicted for printing a horrible villainous thing if he will be so unchristian to himself as to justifie this at his death or to speak as bad as he had caused to be printed is that a Justification to publish them because they are the words of a dying man God forbid a Robber declares at the Gallows it is for a

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

the place of Execution Faithfully and Impartially Collected for further Satisfaction Mr. Cooke's Letter to a Friend Folio 40. And so I D●scend to the Cause for which I am in Bonds which is as good as ever it was And I believe there is not a Saint that hath Ingaged with us but will wish at the last Day that he had Sealed to the Truth of it with his Blood if thereupon called for I am satisfied that it is the most Noble and Glorious Cause that has been Agitated for God and Christ since the Apostolical Times Being for Truth Holiness and Righteousness for our Liberties as Men and as Christians for removing all Yoa●s and Oppressions and 41. It is such a Cause that the Martyrs would come again from Heaven to suffer for it if they might I look upon it as the most High Act of Justice that our Story can Parallel c. Not to trouble the Reader with all the Particulars mentioned in the Indictment Since the Rest are but more of the same in other words L. Hide What say you to this Book Brewster I desire to ask Mr. Creek a few Questions Mr. Creek How much of that in the Indictment did you Print Creek The Jury may see if they please L. Hide Truly if he saies true he saies he Printed no part of that with which you are charged but the Title Page he left off at folio 36. your charge is the Title and beginning at fol. 40. Brewster So that you see he Printed nothing for me that is in the Indictment J. Keeling Did you Print the Title Creeke Yes my Lord. L. Hide And you Printed the rest by His Calverts and Chapmans Directions Creeke They delivered me the Copy together to Print L. Hide If you have any thing to say speak to the Court the Jury will hear you Mr North. Pray my Lord give me leave to aske Creeke one question There were two Impressions Printed did not you Print more in one then in the other Creeke I am upon my Oath to the best of my Remembrance I Printed the same that I did before for I had some of it standing and so I had the same Sheets again Mr. North. Had you no more Creeke No I had rather lesse Brewster That 's usuall he that Prints the First doth Print the same of the Second L. Hide He saies he did so what have you to say to the Charge Brewster I conceive that part that I ordered the Printing of is not included in the Indictment L. Hide Yes every part He sayes in both Impressions he Printed to the 36. Folio and all the rest was Printed by your Direction Creeke No my Lord I Printed to the 36 fol. by his Direction the rest was Printed else where J. Keeling Your Indictment was This For Causing to be Printed this Book called the Prayers c. And for selling and uttering of it For the Evidence that you caused it to be Printed he swears you directed some and it is not likely you would Print half and let the other half alone we leave that to the Jury for your uttering that anon L. Hide There are these two particular Charges in the Indictment that you must answer The First is your causing it to be Printed and it is not essential or of necessity that every particular that is in the Indictment be proved to be done by you You caused this Book to be Printed with such a Title That he swears he did for you then let the Jury or any man living Judge whether you did direct the Book to be wholly perfected or by halfs The second Charge is that you Vttered them You delivered five hundred of these to be stitched up and disposed of them so that you are in Effect both Printer and Publisher of the whole Book Brewster He speaks of one part that I ordered there is no more proof and that was but to the 36. page he speaks also of some body else that was present with me and where they had the rest of the Copy Printed he tells you he knows not L. Hide Have you any more to say Brewster Yes my Lord Though he saies I caused that part to be Printed yet he doth not say I did it maliciously or w th any design against the Government L. Hide The thing speaks it self Brewster Book-Sellers do not use to read what they sell L. Hide You have forgot what he Swore You brought the Proof Brewster He did not swear that he saies Mr. Calvert's Man and sometimes others L. Hide Ask him again Creeke I did Declare that the proofs were sent for and carried away and Read sometimes by Mr. Calvert's Man and others and sometimes by his Servants not by Himself they were wrapt up and sent L. Hide For a man to pretend he did not know when he being Master sends for the proofes by his Servant for any man to suppose this is not the Masters Act nay and directing it to be done privately you shall never find a man Guilty They were sold in his Shop Brewster The grand part of the Indictment lies that it was done Maliciously and Seditiously and then it saies Knowingly Though it be granted I did do it and sell it yet it does not follow that I did it Maliciously and Seditiously I did it in my Trade we do not use to read what we put to Print or Sell I say my Lord selling of Books is our Trade and for the bare Exercising of it knowing nothing of evil in it it came out in a time too when there were no Licensers or appointed rules so that what ever was done we are not accountable for for we read very seldome more than the Title that some of the Jury knows so that I hope I cannot be said to do it maliciously or knowingly I can give testimony I am no person given to sedition but have been ready to appear upon all occasions against it L. Hide Have you any more if you have say it Brewster My Lord They are the sayings of dying men commonly printed without opposition L. Hide Never Brewster I can instance in many The Bookseller only minds the getting of a penny That declares to the world that as they lived such desperate lives so they died so that it might shew to the world the Justice in their punishment and so I think it a benefit far from Sedition It was done so long ago too it was not done in private it went commonly up and down the streets almost as common as a Diurnal it 's three years and a quarter ago or thereabouts J. Tirrel You speak of your behaviour have you any testimony here Brewster I do expect some Neighbours Maj. Gen. Brown knows me Capt. Sheldon Capt. Colchester and others I can give a very good account as to my behaviour ever since L. Hide Say what you will and call your Witnesses and make as much speed as you can J. Keeling There is another Indictment against you and while that is