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cause_n king_n people_n see_v 2,763 5 3.6476 3 true
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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

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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