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A60410 An impartial account of the tryal of Francis Smith upon an information brought against him for printing and publishing a late book commonly known by the name of Tom Ticklefoot, &c. : as also of the tryal of Jane Curtis, upon an information brought against her for publishing and putting to sale a scandalous libel, called A satyr upon injustice, or, Scroggs upon Scroggs. Smith, Francis, d. 1688, defendant.; Curtis, Jane, defendant. 1680 (1680) Wing S4026; ESTC R12969 5,113 8

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the Court Having said thus much against this person Mr. Francis Smith I must say that if the way of common report were evidence enough to convict a man he would be convicted without any more adoe but such is the happiness of our Lawes that they expect testimony besides common fame I would rather a great deal it might be a caution to Mr. Smith if there had not ben many before and that he could not be convicted and the Evidence not plain in proof against him Well he printed this Book in the name of another person one Mrs. Brewster he sold several of them in Quires to several people and Mrs. Brewster questioning wherefore he should put her name to this Book truly he said he intended no harm to her for he was resolved to save her harmless and this we will prove to you and likewise that several Books have been taken in his shop and he justifying himself in what he had done and his further resolution to expose them still to sale and if we shall prove this to you there will be an end of all sort of Justice if in case that you who are the only means of bringing men to justice will not contribute to have justice executed where it ought to be none can be legally punished unless they be legally convicted and I doubt not your honesty and loyalty but that you wil do your part by conviction and by justice too Against all Libellers I am sure there is Law enough and every honest man will endeavour to have it put in execution against them as far forth as it lies in his way I hope the generality of those that are here do come to shew an abhorrency against this person informed against and not to give any countenance to such base actions Mr. Williams Council for the Defendant My Lord the Libel is sufficiently infamous we must needs own and I do not come to justify the thing neither Mr. Smith my Client nor any body else that shall be guilty of it The question is whether he be guilty of c. as it is laid in the Information Mr. Recorder Sir do you admit the Record Mr. Justice Jones If you do not admit it you must call in your witnesses and prove what you can Whereupon Rob. Stephens Anne Brewster and Margaret Clark were called into Court and stood up behind the Jury Mr. Williams Sir If you will give me leave you shall hear what we will admit Mr. Recorder Come come Sir if you do not admit the Record we will have none of your Anticipations Mr. Williams What call you your speech but Anticipation My Lord the poor man my Client is a lanquishing sick and dying man and one that is almost ruined if any submssion will serve the turn he will give all the submission that is fit for a man to give all that we say is this that he did not order this to be Printed as it is laid in the Information But I think we may admit Mr. Fettiplace said who was Council on the same side he had no such order given him by his Client as to admit the Record Then they were just going on to swear the witnesses but Mr. Justice Jones said It would be very well if they would admit c. Defendant come to submission Mr. Recorder Ay that is your best way for it would be a great means to testifie that your submission is really intended as a submission but if it be to prepare you to think that you are innocent then we will not have your submission And I am for a sinners Repentance with all my heart Mr. Justice Jones If your Client be willing to submit let the KING have a Verdict in Law and then he will find my Lord Chief Justice Scroggs full of pity and compassion and if I can see any signs of Repentance I will promise you to intercede to my Lord for him Mr. Williams One that came from my Client told me that if he had offended he would submit to any thing and now here is his wife come Mr. Justice Jones I would save him if I can if he will throw himself into mercy Well what do you say Mrs. for your Husband Mrs. Smith My Lord my Husband is very sick and weak and is not able to come himself or else he would have done it but I asked Mr. Williams if it were not best to submit to the Court. Mr. Justice Jones Are you content to own it shall be so Mrs. Smith I leave it to the Gentlemen my Council I shall acquiesce in what they think fitting Mr. Williams Then I presume to admit the Record Mr. Justice Jones speaking to the Jury Then you are to find for the KING 'T is the Cause of the KING although only my Lord Chief Justice be concerned 'T is a high scandal a great scandal against a great Officer and Magistrate of the KING I will say nothing more to aggravate the offence at this time because I would invite Repentance in all persons that have offended in this or the like cases Then the Jury being asked whether they were agreed on their Verdict said yes and chusing their Fore-man to speak for them he gave the Verdict guilty Mr. Justice Jones Well Mistress you have done very well if now you for your Husband came here to make a publick acknowledgment of his guiltiness hereafter he shall go and ingeniously make submssion to my Lord I know he is a person of that pitty and compassion that he loves no mans ruine but delights rather in the universal welfare of all people and I promise this that I will be an intercessor to my Lord in your Husbands behalf Mr. Recorder And fas ar forth as I can eontribute to it I will do the same Then came on the Tryal of Jane Curtis Wife of Langley Curtis for Publishing and Selling a Seditious Libel called A Satyr upon Injustice Or Scroggs upon Scroggs Mr. Holt. MAY it please Your Lordship and Gentlemen of the Jury here is an Information brought against Jane Curtis and it sets forth that the defendant did publish and put to sale a seditious Libel against my Lord Chief Justice Scrgogs the Defendant pleads not Guilty if we prove it upon her you are to fine for the KING and if not you are to say so and no more Mr. Williams said who was a Council for the Defendant he would admit the Record whereupon they proceeded no further to tryal but the woman being called she said Mrs. Curtis I was ignorant in the matter and knew no such thing my Lord my Husband and please your Lordship was in the Country a hundred miles off of me in Lincolnshire Mr. Justice Jones You did it ignorantly and simply without any malice and I suppose you are heartily sorry for it You see your Neighbour there Mrs. Smith hath shewed good discretion in the behalf of her Husband she has ingeniously declared that he shall come and make submission and if I find you as submissive and as sorry for what you have done I may do the like for you Mrs. Curtis In any thing that I have done I know not my self Guilty and if I am I beg your Lordships pardon with all my heart my Lord or any bodies else Mr. Justice Jones I know you will find mercy from my Lord Chief Justice and therefore go and make your submission Then the Jury proceeded to give their verdict and there Foreman said Guilty FINIS