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A60058 A short, but just account of the tryal of Benjamin Harris upon an information brought against him for printing and vending a late seditious book called An appeal from the country to the city, for the preservation of His Majesties person, liberty, property, and the Protestant religion. Harris, Benjamin, d. 1716? 1679 (1679) Wing S3565; ESTC R18707 5,760 8

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sell some of these Books Mr. Williams We do my Lord that he did sell one Mr. Ollibear My Lord this Book was publickly sold in other Booksellers Shops before we had it and so we thought in a way of Trade we might do the like but as soon as ever we heard there was any thing ill in the Book we supprest the selling of it Mr. Serjeant Strode They say my Lord the Printer had Six-pence given him by Mr. Harris Friend does not he come and give you some money at other times have you never had any of him before Printer's Man No Sir I never Printed any thing for him before Mr. Serjeant Strode Was not this Printed before you saw it Printer Not to my knowledge Mr. Serjeant Strode Pray ask the first Witness Was not this in Print before you saw it in his Shop Mrs. Grover Yes my Lord. Mr. Williams My Lord he is a man of other Principles than to do such things Lord Chief Iust. There is scarce any but Smith that is so Factious a Seller of Books as Harris All your Domestick-Intelligences are so for which you know you have forfeited your Recognizance almost in every Book A Neighbour was called by Mr. Williams to give an Account of Mr. Harris Neighb My Lord I have known him about a Twelve-Month and I have alwayes looked upon him to be a fair Conditioned Quiet Peaceable Man He is and has been so Reputed among his Neighbours And I have never seen any thing from him but what was very Quiet and Peaceable Mr. Recorder A Book-Seller that causes a Factious Book to be Printed or Re-printed if it was Printed before is a Factious Fellow Lord Chief Iust. You say right Mr. Goodall another Neighbour of Mr. Harris's said upon his being asked If he were acquainted with him and If he were wont to Oppose or to Scandalize the KING or Government That he never heard such a like thing of him Mr. Recorder I presume that none of these do stand by him in any such thing But he being advertised of it and being asked Why he would offer to Expose to Sale such a Book at this He answered and said That he had a Thousand Persons that would Stand by him Call Robert Stevens Lord Chief Iust. What can you say Rob. Stephens My Lord I have seen this Book several times in his Shop and others too And I have asked him VVhy he would so publickly Vend them I did not indeed Buy one of them my self but I caused a Man to Buy one for me and he said He had several Thousands to Stand by him and he is accounted an Anabaptist He said so before the Masters and Wardens of the Company who questioned him why he sold such Scandalous Things and he said He had several Thousands to Stand by him Then spake the Lord Chief Justice to this Purpose BEcause my Brother shall be satisfyed with the Opinion of all the Judges of England what this Offence is which they would insinuate as if the meer Selling of such a Book was no Offence 'T is not long since that all the Judges met by the King's Command as they did sometime before too and they both Times declared unanimously That all Persons that do Write or Print or Sell any Pamphlet that is either Scandalous to Publick or Private Persons such Books may be seized and the Person punished by Law That all Books which are Scandalous to the Government may be seized and all Persons of Exposing them may be Punished And further That all Writers of News though not Scandalous Seditious nor Reflective upon the Government or the State yet if they are Writers as there are few others of False-News they are Indictable and Punishable upon that Account So that your Hopes of any thing of that kind will be vain for all the Judges have declared this Offence at the Common-Law to be Punishable in the Seller though in the way of his Trade The Books may be seized and the Person punished As for this Book in particular You can hardly read a more base and pernitious Book to put us all into a Flame It gives you such Incitements and such base Incouragements with such Reflections upon all sorts of Persons for I have Read it upon this Account that I think there can scarce be a worse made He would set up another Man that has no Title to the Crown For sayes he the Greatest Danger accruing to your Persons as well as to the whole Kingdom upon the KING 's untimely Death will proceed from a Confusion and want of some Eminent and Interested Person whom you may trust to Lead you up against a French and Popish Army For which purpose no Person is fitter than his Grace the Duke of Monmouth as well for Quality Courage and Conduct as for that his Life and Forture depends upon the same Bottom with Yours He will stand by You and therefore You ought to stand by him And remember the Old Rule is He who hath the worst Title ever makes the best KING as being Constrained by a Gracious Government to supply what he wants in Title That instead of GOD and my Right his Motto may be GOD and my People He sayes Such a one would make a better KING for as you see the Worse the Title the Better the KING A KING with a Bad Title makes a Better KING than he that hath a Good One for he shall be obliged to Comply with and will humour the People for want of a Title A Thing which is of the basest Nature that can be And yet this Man must give Money to hasten the Printing of such a Book and he had several Quires of them in his Shop Except the Writer of it there cannot be a worse Man in the World who for Trival Profit will neglect the Peace and Quiet of his Country and set us all together by the Ears for a Groat And Mr. Harris if you expect any thing in this World of this kind of Favour you must find out the Author for he must be a Rebellious and a Villainous Traytor For though he seems to inveigh against Popery it is only to be a Rebel And certainly he has rejected all the Laws of God and all Obedience that Man requires and prophaned all Holy Writ He is some Body whose Fortune does not suit with his Condition and who because he is not at ease and quiet himself will let no Body else be so neither You have nothing more to do but to give your Verdict Speaking to the Jury who presently with-drew If there be any thing in Law let me know it because you go out Then one of the Jury asked my Lord if they might not have the Book with them which was there in the Court and it was answered in the Negative Before the Jury went out Mr. Harris would fain have spoke to them for himself but it was not permitted him Then after a little while tarrying they returned to the Bar. And being as is usual asked if they were agreed on their Verdict and who should speak for them they answered yes and appointed their Foreman who said He was guilty of selling the Book At which there was a very great and Clamorous Shout Lord Chief Justice said that was not their business they were only to determine whither barely Guilty or not Guilty The Recorder would have had them given their Verdict by the Poll but they all unanimously Cryed out they were all Agreed and then the Foreman gave the Verdict again Guilty Mr. Recorder then prayed that he being for the King Mr. Harris might stand Committed who was thereupon presently delivered to a Tippstaff to be carryed to the Kings Bench. Mr. Harris earnestly beseeched his Lordship that he might be sent to any other Prison and named Newgate three or four times but it was not granted him Thereupon he said I hope God will give me Patience to go through it Then my Lord Chief Justice spake to the Jury to this Effect I am sorry you gave Countenance to this Cause so much as to stir from the Bar when the Evidence was so full and when I told you plainly not only my Opinion but likewise that of all the Judges of England that selling this Book was an Offence at the Common Law for which they ought to be punished and yet with your Scruples you give the Party with their Hollows and Shoutings to take Advantage though you did mean upon the matter the same thing then you do now Yet you see upon every little occasion when a thing shall seem to thwart the Government how ready they are to send up their loud Hollowings It was not so prudently done as might have been done We had need look about us for if at such a time and for such a base Book such Clamorous Noises shall be made what shall become of us Our Lives and Fortunes are at stake Would I knew some of those Shouters I would make them know I would punish them I am Incensed in the behalf of the Government and of all our Lives and Fortunes that such shall go unpunished FINIS