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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

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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 wi●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 i● 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
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
Inquest being as followeth viz. Arthur Jourdan Arthur Browne Simon Rogers James Whetham Ralph Blore Isaack Barton Roger Locke Thomas Cooper Roger Hart John Watson Christopher Pits Thomas Gerrard John Cropper Thomas Partington Ralph Coppinger Matthew Pelazer Samuell Taylor At Justice-hall in the Old-Bayly February 20. in the Morning THE Court being set Proclamation was made O Tes All manner of Persons that have any thing more to doe at this Sessions of the Peace and Sessions of Oyer and Terminer held for the City of London and Sessions of Goale Delivery holden for the Citty of London and County of Middlesex ●aw near and give your attendance for now the Court will proceed to the Pleas of the Crown of the said City and County God save the King Silence Commanded Clerk of the Peace Set John Twyn to the Bar who was set there accordingly Clerk John Twyn Hold up thy hand Twyn I desire to understand the meaning of it But being told he must held up his hand in order to his Tryall he held it up Clerk c. Thou standest Indicted in London by the Name of John Twyn late of London Stationer for that thou as a false Traitor against the most Illustrious Charles the second by the grace of God of England Scotland France and Ireland King Defender of the Faith c. Thy supream and natural Lord and Soveraign not having the feare of God in thine heart nor weighing the Duty of thy Allegiance but being moved and seduced by the instigation of the Devill and the cordiall Love true Duty and natural Obedience which true and faithfull Subjects towards our Soveraign Lord the King bear and of right ought to bear altogether withdrawing minding and with all thy sorce intending the Peace and common tranquility of this Kingdome to disturbe and Sedition and Rebellion within these his Majesties Kingdomes to move stir up and procure and discord between our said Soveraign and his subjects to make and move The 27. day of October in the Year of the Reign of our said Soveraign Lord Charls the second by the grace of God c. the 15th at the Parish of St. Bartholmews in the Ward of Farrington without London aforesaid traiterously didst compose imagine and intend the death and final destruction of our said Soveraign Lord the King and the Ancient and Regal Government of this Kingdome of England to change and subvert And our said soveraign Lord the King of his Crown and Regall Government to depose and deprive And these thy most wicked Treasons and Traiterous imaginations to fulfill thou the said John Twyn the said 27. day of October in the year aforesaid in the Parish and Ward aforesaid advisedly Devillishly and Maliciously didst declare by Imprinting a certain Seditious Poysonous and scandalous Book Entituled A Treatise of the Execution of Justice c. In which said Book amongst other things thou the said J. Twyn the 27th day of October in the Year aforesaid in the Parish and Ward aforesaid falsely maliciously and Traiterously didst imprint c. Against the Duty of thy Allegiance and the Statute in that case made and provided and against the peace of our said Soveraign Lord the King his Crown and Dignity What sayest thou John Twyn art thou Guilty of this High Treason whereof thou standest indicted or Not Guilty Twyn I desire leave to speak a few words My Lord I am a very poore man I have been in Prison severall Moneths Cl. Are you Guilty or not Guilty Twyn With all due submission to your Honours I desire to speak a few words Lord Chief Just Hide You must first plead to your Indictment and then you may say what you will That 's the Rule of the Law We receive no expostulations till you have pleaded to the Indictment Guilty or not Guilty Twyn I do not intend to answer to the Indictment by what I shall now say I am a poore man have a Family and three smal Children I am ignorant of the Law and have been kept prisoner divers moneths L. Hide Pray plead to the Indictment you shall be heard say what you will afterwards Twyn I humbly thank you my Lord. Cl. Are you Guilty or not Guilty Twyn I beseech you to allow me Councel and some consideration I desire it with all submission L. Ch. Ju. Hide You must Plead first then aske what you will Cl. Are you Guilty or not Guilty Twyn Not Guilty of those Crimes L. Ch. Ju. Hide God forbid you should Cl. How wilt thou be Tryed Twyn I desire to be Tryed in the presence of that God that is the searcher of all hearts and the disposer of all things L. Ch. Ju. Hide God Almighty is present here there is no other Tryal by the Law of England but by God and the Peers that is the Countrey honest men You shall have all your challenges and all that 's due to you by the help of God we are bound to be your Councel to see you have no wrong therefore put your self upon your Tryal say how you will be Tryed Twyn I desire to be Tried in the presence of God L. Ch. Ju. Hide So you shall God Almighty is present here looks down and beholds what we do here and we shall answer severely if we do you any wrong We are as carefull of our soules as you can be of yours You must answer in the words of the Law Twyn By God and the Countrey Cl. God send thee a good deliverance L. Ch. Ju. Hide Now say what you will Twyn I am a very poor man L. Ch. Ju. Hide Nay let me interrupt you thus farr what ere you speak in your defence to acquit your self of this Crime that you may reserve till by and by This is but an Arraignment afterwards the Evidence for the King is to be heard then make your defence If you have any Witnesses on your part let 's know their names we 'le take care they shall come in If I did not mistake you desired to have Councell Was That your request Twyn Yes L Ch. Ju. Hide Then I will tell you we are bound to be of Councell with you in point of Law that is the Court my Brethren and my Self are to see that you suffer nothing for your want of knowledg in matter of Law I say we are to be of Councell with you But for this horrid Crime I will hope in Charity you are not Guilty of it but if you are it is the most Abominable and Barbarous Treason that ever I heard of or any man else The very Title of the Book if there were no more is as perfectly Treason as possibly can be The whole book through all that is read in the Indictment not one Sentence but is as absolute High Treason as ever I yet heard of A company of mad brains under pretence of the Worship and Service of God to bring in all Villanies and Atheisme as is seen in that Cook what a horrid thing is this But you shall