Selected quad for the lemma: duty_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
duty_n	king_n	say_a	sovereign_a	980	5	9.4714	5	false

Text snippets containing the quad

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

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

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

have free liberty of defending your self To the matter of Fact whether it be So or No in This case the Law does not allow you Councel to Plead for you but in matter of Law We are of Councell with you and it shall be our care to see that you have no wrong done you Cl. Set Simon Dover to the Barr Who being set his Indictment was read to the purpose following Thou standest Indicted in London by the name of Simon Dover late of London Stationer for that thou c. the 15th day of February in the 13th year of the Reign c. at the Parish of St. Leonards Fosterlane in the Ward of Aldevsgate London Falsly Maliciously and Wickedly didst Imprint a Certain Fals Malicious Scandalous and Seditious Book Intituled The Speeches and Prayers of some of the late Kings Judges c. and the same didst Sell Vtter against the duty of thy Allegiance c. How sayest thou Simon Dover art thou Guilty of this Sedition and Offence whereof thou standest Indicted or not Guilty Dover My Lord and the Honourable Bench I desire I may be heard a few words L. Ch Ju. Hide When you have Pleaded you shall Dover I shall be willing to Plead L. Ch Ju. Hide You must either confess it or Plead not Guilty I hope you are not Guilty of this Foule Crime Dover I am Not by the Laws of England Guilty L. Ch. Ju. Hide You shall be Tryed by the Laws of England whether you are Guilty or No. Dover I am willing to be so and I am glad I am come before you to that purpose having been long a Prisoner I am not Guilty of any thing in this Indictment neither as to Matter Time nor Place L. Ch. Ju. Hide What do you mean by Time and Place Dover I am not Guilty in Manner or Forme And now my Lord I being altogether ignorant of the Law I humbly beg Councell and a Copie of my Indictment I hope I shall not be destroyed because I am ignorant of the Law I have been eighteen weeks close prisoner L. Ch. Ju. Hide What would you have Dover I desire Time and Councell assigned me and a Copie of my Indictment L. Ch. Ju. Hide For a Copie of your Indictment though it be for a Foule Offence yet in favour to you it being not made so Capital as the other we cannot deny it you for Councel you may have what you will we need not assign it Make him a copie but I will tell you We shall try it now Dover I do protest I knew not what I came for I never imagined what my Indictment was I know not what there 's in 't L. Ch. Ju. Hide You shall have a Copie made presently If you have Councel or Witnesses send for them we must try you to day but you will have some time for we will begin with the other Dover I beg I may have a Copie of the Indictment in English I cannot understand Latine L. Ch. Ju. Hide That that is against you is in English the Latine signifies no more but that you did Seditiously and Malitiously Print all that which is in English Dover I hope I have done nothing but I shall acquit my self of L. Ch. Ju. Hide I hope you may But we can give you nothing but a Copie of the Record send for your own Clerke to understand it Cl. Set Thomas Brewster to the Barr. Who was set And then his Indictment was read which was that he the faid Thomas Brewster late of London Stationer Not having c. in the forme aforesaid the 15th day of February c. at the Parish of Little St. Bartholmews in the Ward of Farington without London Maliciously c. did cause to be imprinted the aforesaid Book of Speeches and Prayers c. and the same did Sell and Vtter against the duty c. Who being demanded whether he was Guilty of that Sedition and offence answered Not Guilty Cl. How will you be tryed Brewster By God and the Countrey Cl. God send thee a good deliverance L Ch. Ju. Hide Say what you will now Brewster May it please your Lordship I am wholy Ignorant of the Proceedings of the Law I have been a close prisoner these eighteen Weeks no body to advise with me scarce my wife suffered to come to me I desire some time to take advice L Ch Ju. Hide I doubt we shall not be able If you mean till next Sessions Brewster No my Lord I have had too long Imprisonment already would I had been here the first Sessions after I was a Prisoner Lord Ch. Ju. Hide If you desire a Copie of the Indictment and Councel you shall have it Brewster I humbly thank you but I must have time to consult them or they will do me little good L Ch Ju. Hide If you have any friends or Witnesses you may send for them Brewster I thank you my Lord. Cl. Thomas Brewster Thou standst again Indicted in London by the name of c. For that thou not having c. The 10th day of July in the 13th year c. at the Parish of Little St. Bartholmews in the Ward of Farington without London c. Falsely Maliciously Scandalously and Seditiously didst cause to be Imprinted a Book Intituled The Phaenix Or the Solemn League and Covenant c. And the said Book didst Sell and Vtter against the duty c. How saist thou Art thou Guilty of this Sedition and Offence whereof thou standest Indicted or Not Guilty Brewster Not Guilty my Lord. Cl. How will you be Tryed Brewster By God and the Countrey Cl. Nathan Brooks to the Barr. Thou standest Indicted in London by the Name of Nathan Brooks late of London Stationer Not having c. the same as to make time and place with that of Dovers and knowing the said Book to be Scandalous and Seditious did Sell Vtter and Publish the same against the duty c. How sayst thou Nathaniel Brooks Art thou Guilty of this Sedition and Offence whereof thou standest Indicted or Not Guilty Brooks Not Guilty Cl. How will you be Tryed Brooks By God and the Countrey Cl. God send thee a good deliverance L. Hide If you desire to have a Copie of your Indictment and Councel you may have it Brooks I am a poor man I have not money to get Councel I hope I shall not want that that belongs to me by Law for want of money L Hide You shall not by the Grace of God Cl. Set John Twin Simon Dover Thomas Brewster and Nathan Brooks to the Barr. Cl. John Twyn Those men that you shall hear called and Personally appear must pass between our Soveraign Lord the King and you upon Trial of your Life and Death if you will challenge them or any of them you must do it when they come to the Book to be Sworn before they be Sworn And you that are for the Seditions and Offences look to your challenges Dover We desire we may have a Jury of

Noble Cause for taking a Purse upon the high-way that it is an unjust Law to condemn to death for such Crimes Shall any man publish this in Print and not be lyable to be punished for it If any that were tryed here upon Saturday shall vrlifie the Lord Mayor or any of the Bench traduce them for doing of justice shall this go unpunished if a man take it up and print it This I speak to let you see this is without colour of Law He pretended he did it not knowingly I will not repeat the Evidence He sent for them had them stitched caused them to be kept privately not upon the Stall And observe he tells you it was done long agoe it is but three years agoe that they were as publickly sold as Diarnals he sayes I shall repeat no more I know you are men of understanding and of obedience to your King it is high time to take notice of this dispersing of Pamphlets if therefore you do believe that he did cause it to be Printed or published it or both he is guilty of the Misdemeanour ●aid in the Indictment and he hath a great kindness in that it is not made Capital If you do believe that he did either cause it to be Printed or Published that 's enough to find him guilty of this Indictment Cl. Hearken to the other Indictment He stands Indicted in London c. and this is for causing to be Printed a certain Book called the Phoenix c. publishing the same the Indictment was wholly read To this Indictment he hath pleaded not guilty so your Issue is to inquire whether he be guilty of this offence or not guilty Mr. North Opened the Indictment in manner as before To this he hath pleaded not guilty if the Charge of the Indictment be sufficiently proved you are to find him guilty Serj. Morton May it please your Lordship and you gentlemen of the Jury here is another Bill of Indictment preferred against Tho. Brewster it is that contrary to the duty of his Allegiance to his Soveraign Lord the King and purposely to incite the people to Sedition and to withdraw them from their natural Allegiance to the King he hath caused to be imprinted maliciously falsly and scandalously a certain scandalous book entituled The Phoenix c. And this he hath done to disturb the Peace of the Kingdom and to withdraw the people from their Allegiance and to the scandal of his Majesty and Government he hath caused this book to be Printed uttered and sold and this we take to be a great offence against the King his Crown and Dignity Gentlemen the dispersing of Seditious Books is of great danger to the Kingdom false Rumours they are the main incentives that stir up the people to Sedition and Rebellion that raise discontentments among the people and then presently they are up in Arms. Dispersing seditious Books is very near a kin to raising of Tumults they are as like as Brother and Sister Raising of Tumults is the more Masculine and Printing and Dispersing Seditious books is the Feminine part of every Rebellion But we shall produce our Witnesses We shall prove that this Tho. Brewster caused this book to be Printed that when it was Printed he did receive three hundred that these he caused to be stiched up that he uttered and sold them part in his own Shop and part elsewhere It being an offence of that great and dangerous consequence which tends to the disturbance of the Peace of the Kingdom I hope you will take it into your serious consideration and if the matter stand proved against him you will give him his due demerit Creek Thresher Loft and Bodvel sworn again Mr North. Creek Tell my Lord and the Jury what you know of the printing of the book called The Phoenix Creek My Lord it was in May that Mr. Calvert Brewster and Chapman brought that book to me to Print L. Ch. Ju. Hide What book name it Creek The Phoenix c. It was printed for them three All that I can say is that Mr. Brewsters part was delivered to me by his direction L. Ch. Ju. Hide Who paid you for printing of it Creek Mr. Brewster paid for his part J. Keeling How many was his part Creek His part of 2000 that was 600 and odd L. Ch. Ju. Hide These three men joyn'd to bear each man his share Creek Yes every man was to have his share J. Keeling Did he wish you to do it with privacy Creek Yes with expedition and privacy Brewster Was the Copy written or printed Creek It was all printed formerly some in quarto some in octavo and might have been bought single in any place almost L. Ch. Ju. Hide What do you mean by all printed formerly Creek My Lord they were in several parcels printed there was Mr. Calamy's Sermon and Mr. Douglas his Sermon and the rest J. Keeling How long agoe was it since they were brought to you to print Creek It was in May three years Brewster Did I order you how you should print them or Mr. Calvert Did not you hear him say that they had staid two hours for me at an Ale-house to be his Partner Creek I did hear him say so J. Keeling What made you so loath to be their Partner were they two hours perswading of you Creek No they waited two hours for him to be their Partner Serj. Morton Thresher did Brewster deliver any of those books ●o you to stich up Thresher Yes and please you my Lord and I had them by Mr. Brewsters order to ●old Serj. Morton How many Thresher To the number of 2. or 300. Mr. North. Did he not enjoyn you privaey Thresher Yes I think he did J. Keeling VVhen they were bound had you a Note to deliver those Books safely to any Thresher Yes from his own hand he desired me to go and give them to such and such Persons Booksellers said I I shall hardly remember them he thereupon gave me a Note of their Names to whom I should deliver them I judge they were to be trusted more then others Serj. Morton Did you deliver them accordingly Thresher Yes I did L. Ch. J. Hide How many did you deliver in that manner Thresher Two dozen and more J. Keeling If you will ask him any Questions do Brewster Did I give you any order to deliver them to any particular Booksellers Thresher Yes you did I believe Mr. Lestrange and Mr. Williams one of the Jury can remember I shewed them the paper you wrote to that purpose Mr. Williams I did see the Note Brewster I do not remember I gave you any Order they were all Common things before J Keeling You may ask him what Questions you will Brewster I shall ask him no more Mr. North. Peter Bodvel speak what you know concerning the selling or 〈◊〉 of the book called the Phenix c. Bodvel I never knew of the Printing of them I never knew my Master sell any of them nor heard him