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A60410 An impartial account of the tryal of Francis Smith upon an information brought against him for printing and publishing a late book commonly known by the name of Tom Ticklefoot, &c. : as also of the tryal of Jane Curtis, upon an information brought against her for publishing and putting to sale a scandalous libel, called A satyr upon injustice, or, Scroggs upon Scroggs. Smith, Francis, d. 1688, defendant.; Curtis, Jane, defendant. 1680 (1680) Wing S4026; ESTC R12969 5,113 8

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AN Impartial Account OF THE TRYAL OF FRANCIS SMITH Upon an INFORMATION Brought against him For Printing and Publishing a late Book commonly known by the Name of Tom Ticklefoot c. AS ALSO Of the TRYAL OF JANE CURTIS Upon an INFORMATION brought against her for Publishing and putting to Sale a Scandalous Libel called A Satyr upon Iniustice OR Scroggs upon Scroggs Printed in the Year 1680. AN Impartial Account OF THE TRYAL OF FRANCIS SMITH c. ON Saturday the seventh of this Instant February 1679 80. at the Guildhall in the City of London there was an Information between our Soveraign Lord the KING and Francis Smith Bookseller brought before Mr. Justice Jones one of the Judges of the Kings Bench and after the Jury was sworn Mr. Holt began after this manner Mr. Holt. May it please your Lordship here is an Information preferred in behalf of the KING against Francis Smith Bookseller and it sets forth that after Sir George Wakeman Will. Marshall Will. Rumley and James Corker were indicted and tryed on the 18th of July 1679. for divers High Treasons at the Sessions-house in the Old-Baily before Sir James Edwards then Lord Mayor of London and the Lord Chief Justice Scroggs and others the Defendant Francis Smith published a scandalous Libel relating to the late Tryals which was intituled Some Observations upon the late Tryal c. the words are particularly set forth in the Information to which the Defendant pleads not guilty but if we prove it upon him you of the Jury are to find for the King and if you find he is not guilty you are to say so and no more c. Then Mr. Recorder spake to this effect Mr. Recorder My Lord I am of Council against the Defendant for the King who stands informed against for a very great Offence the Information particularly sets forth that whereas some certain persons were indicted at the Sessions-house in the Old-Baily before the then Lord Mayor Sir James Edwards and other persons then in commission of Oyer and Terminer and Gaol-delivery for that place and particularly my Lord Chief Justice Scroggs and after the Tryal was over and the persons thereupon acquitted there was a Book which is mentioned in the Information printed and published and it is a Book that is known by the name of Tom Ticcklefoot a very abusive thing but persons now begin to grow wonderful witty in the beginning of their Books in hopes to insnare people to read them and to prevail upon them so far as to make them believe there is somewhat extraordinary by the title You see malice finds out all the waies in the world to insnare and gain upon the people to so bad an Age are we come But I confess it is the second time ever since I had the fortune or happiness to know this City of London that I have known such expectations as have been upon two Causes in this place the first was but two daies ago the second is at this time wherein is truly a sort of countenance I am afraid too much given by persons that dare pretend to be no other sort of Protestants but can impudently outface all sort of Governours Now as all persons ought to abhor and detest that damnable Doctrine that men hope to be Saints in another world because they may commit Murders in this so this ought too as much to be condemned by all Protestants as the other that men shall endeavour to rebel and be factious in this world that so they may be reckoned good Subjects the One are as far from being good Saints as the Others from being good Subjects I take this occasion to speak all this before your Lordship and this Court because I hope the City of London will never be corrupted by the base insinuating of some idle busie-bodies in it Men who cannot or will not be pleased because forsooth every thing does not go according to their mind and fancy and though by no means they will allow the POPE to be Infallible yet every factious fellow will expect that every one should pay him that tribute as Infallibly as if he were the only fit person to give Measures to Government and Governours When we come to have extraordinary cases and persons extraordinary occasions ought to be taken to inflict due and just punishments upon them And when they shall dare to come to disparage great men that act by Supream Authority men that act by their Consciences and because they cannot be steered by the humours of these sort of people therefore they must be looked upon as Papists or at least as bribed because they cannot comply with that base humour which some sort of persons have I take notice of this to your Lordship because one that is intrusted in as great a place for the welfare of this Nation as any whosoever is extreamly concerned in the affair of this day I mean the Lord Chief Justice of the King's Bench who being assisted with several other Judges because as far forth as it did appear to him did deliver the sense of the whole Court who for acting according to his Conscience and as he ought to do hath been libelled and reproached with as base a Book as ever was written against any Magistrate whatsoever If such things as this shall be permitted then there will be an end of your Lordships sitting here or any where else or of any other that shall act as a Magistrate ought to act and that shall not be afraid to do his duty But such is the happiness of this City in this Jury that I must confess I receive so much the greater satisfaction that it comes before them for as I know the men to be men of Loyalty and Affection to the Government and will be so just to him that if they do not find him guilty of the matter of the Information they will acquit him so on the other side they will not think themselves to be awed by a multitude or inslaved by private insinuations to debauch their consciences either in respect to God above or to the King his Vicegerent here on Earth therefore observe your duty to both that you may render to Caesar the things that be Caesars as well as to God the things that are God's Now as the KING is God's Vicegerent so is every Magistrate the KING's Vicegerent in that particular I would not take up so much of your Lordships time but that I see this is a matter of great expectation and I know that every word is taken in short-hand to be commented upon as persons humors shall steer them I do think as being the Mouth of the City of London it is my duty to speak thus much that I hope nay I may dare confidently affirm that the Generality of the City of London all good men and men of abilities c. Are for the KING and the Government as it is now established by Law At which there was a general hem through
the Court Having said thus much against this person Mr. Francis Smith I must say that if the way of common report were evidence enough to convict a man he would be convicted without any more adoe but such is the happiness of our Lawes that they expect testimony besides common fame I would rather a great deal it might be a caution to Mr. Smith if there had not ben many before and that he could not be convicted and the Evidence not plain in proof against him Well he printed this Book in the name of another person one Mrs. Brewster he sold several of them in Quires to several people and Mrs. Brewster questioning wherefore he should put her name to this Book truly he said he intended no harm to her for he was resolved to save her harmless and this we will prove to you and likewise that several Books have been taken in his shop and he justifying himself in what he had done and his further resolution to expose them still to sale and if we shall prove this to you there will be an end of all sort of Justice if in case that you who are the only means of bringing men to justice will not contribute to have justice executed where it ought to be none can be legally punished unless they be legally convicted and I doubt not your honesty and loyalty but that you wil do your part by conviction and by justice too Against all Libellers I am sure there is Law enough and every honest man will endeavour to have it put in execution against them as far forth as it lies in his way I hope the generality of those that are here do come to shew an abhorrency against this person informed against and not to give any countenance to such base actions Mr. Williams Council for the Defendant My Lord the Libel is sufficiently infamous we must needs own and I do not come to justify the thing neither Mr. Smith my Client nor any body else that shall be guilty of it The question is whether he be guilty of c. as it is laid in the Information Mr. Recorder Sir do you admit the Record Mr. Justice Jones If you do not admit it you must call in your witnesses and prove what you can Whereupon Rob. Stephens Anne Brewster and Margaret Clark were called into Court and stood up behind the Jury Mr. Williams Sir If you will give me leave you shall hear what we will admit Mr. Recorder Come come Sir if you do not admit the Record we will have none of your Anticipations Mr. Williams What call you your speech but Anticipation My Lord the poor man my Client is a lanquishing sick and dying man and one that is almost ruined if any submssion will serve the turn he will give all the submission that is fit for a man to give all that we say is this that he did not order this to be Printed as it is laid in the Information But I think we may admit Mr. Fettiplace said who was Council on the same side he had no such order given him by his Client as to admit the Record Then they were just going on to swear the witnesses but Mr. Justice Jones said It would be very well if they would admit c. Defendant come to submission Mr. Recorder Ay that is your best way for it would be a great means to testifie that your submission is really intended as a submission but if it be to prepare you to think that you are innocent then we will not have your submission And I am for a sinners Repentance with all my heart Mr. Justice Jones If your Client be willing to submit let the KING have a Verdict in Law and then he will find my Lord Chief Justice Scroggs full of pity and compassion and if I can see any signs of Repentance I will promise you to intercede to my Lord for him Mr. Williams One that came from my Client told me that if he had offended he would submit to any thing and now here is his wife come Mr. Justice Jones I would save him if I can if he will throw himself into mercy Well what do you say Mrs. for your Husband Mrs. Smith My Lord my Husband is very sick and weak and is not able to come himself or else he would have done it but I asked Mr. Williams if it were not best to submit to the Court. Mr. Justice Jones Are you content to own it shall be so Mrs. Smith I leave it to the Gentlemen my Council I shall acquiesce in what they think fitting Mr. Williams Then I presume to admit the Record Mr. Justice Jones speaking to the Jury Then you are to find for the KING 'T is the Cause of the KING although only my Lord Chief Justice be concerned 'T is a high scandal a great scandal against a great Officer and Magistrate of the KING I will say nothing more to aggravate the offence at this time because I would invite Repentance in all persons that have offended in this or the like cases Then the Jury being asked whether they were agreed on their Verdict said yes and chusing their Fore-man to speak for them he gave the Verdict guilty Mr. Justice Jones Well Mistress you have done very well if now you for your Husband came here to make a publick acknowledgment of his guiltiness hereafter he shall go and ingeniously make submssion to my Lord I know he is a person of that pitty and compassion that he loves no mans ruine but delights rather in the universal welfare of all people and I promise this that I will be an intercessor to my Lord in your Husbands behalf Mr. Recorder And fas ar forth as I can eontribute to it I will do the same Then came on the Tryal of Jane Curtis Wife of Langley Curtis for Publishing and Selling a Seditious Libel called A Satyr upon Injustice Or Scroggs upon Scroggs Mr. Holt. MAY it please Your Lordship and Gentlemen of the Jury here is an Information brought against Jane Curtis and it sets forth that the defendant did publish and put to sale a seditious Libel against my Lord Chief Justice Scrgogs the Defendant pleads not Guilty if we prove it upon her you are to fine for the KING and if not you are to say so and no more Mr. Williams said who was a Council for the Defendant he would admit the Record whereupon they proceeded no further to tryal but the woman being called she said Mrs. Curtis I was ignorant in the matter and knew no such thing my Lord my Husband and please your Lordship was in the Country a hundred miles off of me in Lincolnshire Mr. Justice Jones You did it ignorantly and simply without any malice and I suppose you are heartily sorry for it You see your Neighbour there Mrs. Smith hath shewed good discretion in the behalf of her Husband she has ingeniously declared that he shall come and make submission and if I find you as submissive and as sorry for what you have done I may do the like for you Mrs. Curtis In any thing that I have done I know not my self Guilty and if I am I beg your Lordships pardon with all my heart my Lord or any bodies else Mr. Justice Jones I know you will find mercy from my Lord Chief Justice and therefore go and make your submission Then the Jury proceeded to give their verdict and there Foreman said Guilty FINIS