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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

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

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