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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A63177	The triall of Henry Carr, gent, at the Guild-Hall of the city of London, the 2d day of July, 1680 upon an information brought against him in the Crown-Office, charging him to be author (as in the said information it is called) of a certain false, scandalous, and malitious book intituled, The weekly pacquet of advice from Rome, or the history of Popery, particularly for that of the 1 st. of August, 1680, which was the next Fryday after the tryal of Sir George Wakeman at the Old-Baily before the Lord Chief Justice Scroggs : also the tryal of Elizabeth Cellier, at Kings Bench bar, July the 11th, 1680, where she was cleared, and Mr. Thomas Dangerfield, the chief witness against her, for some defect in his pardon, committed to the Kings-Bench prison.	Care, Henry, 1646-1688, defendant.; Cellier, Elizabeth, fl. 1680, defendant.; England and Wales. Court of King's Bench.	1681 (1681)	Wing T2190; ESTC R2771	17,264	36

that man ought to be detected The Author of this Pacquet of Advice from Rome or the Publisher of it Mr. Carr that is now the Defendant he thinks he can scratch the Itch of the Age and that he may Libel any man concerned in the Government if he can but call him a Papist or popishly affected let a man be never so honest let a man be never so much for the Support of that Religion that every honest Man ought to Support that is the Protestant Religion as it is Established by Law without going to Rome or Amsterdam for Assistance I will not mention the Persons that are concerned in it but I will apply my self wholly to this matter that it is the Opinion of all the Judges of England that it is the Law of the Land that no Person should offer to expose to publick Knowledge any thing that concerns the Government without the Kings immediate Licence Now we are to try whether this Person exposed this thing to publick Knowledge and that is matter Gentlemen that you are to trie The other is the Business of the Court vve are to say vvhether if vve prove the Fact this man is guilty of Punishment and no doubt the Justice of the Nation vvill punish him But vvhen I see so many svvarm about me I am vvilling to hear vvhat Proof there is Sir Francis Winnington I am of Counsel for the Defendent I only offer it to your Lordship that the Information may be proved Lord Chief Justice Here are two things we are to keep to the Matter of Proof according to the Information and accordingly are we to proceed as in Common Justice we find the Case to be I must say that for the Prisoner he has behaved himself with as much Modesty as in Duty and Honesty he ought But I find that Sir Francis Winnington puts you upon proving Sir Francis Withins My Lord vve vvill prove it L. C. J. Let them that are not of the Jury go forth the Jury is no more to be corrupted than the Judge Sir F. W. We must be allovved the first part that there was a Plot. L. C. J. The Jury may take that upon their Oaths they know there was a Plot the certainest of any thing of Fact that ever came before me Mr. Stevens Printer L. C. J. Did Mr. Car own he writ this Pacquet had you any from him Printer I had several from him L. C. J. Of vvhom else had you any Recorder Besides Car. L. C. J. You are upon your Oath from whom ever had you any besides P. I do not remember that I had any from any body else L. C. J. You printed them did you P. Yes my Lord I did L. C. J. And you know of none from any else but by him or his Orders P. No my Lord. Sir F. W. Shew him the Paper Can you Swear upon your Oath that Mr. Car did send or deliver to you that very Paper P. I can't tell that any body else did send it L. C. J. We must do here as we do in all Cases He saith I had divers of these Papers from him I printed them and I know of none that ever was but by him or his Order Sir F. W. He saith so but my Lord the Information is to such a particular Book Entituled a Pacquet of Advice from Rome L. C. J. He saies this in Answer to it I can't charge my self with this particular to say positively I had it from him But this I can say we had several from him and I know of none else but all were by him or his Order Sir F. W. Will your Lordship give me leave to ask him one Question can you Swear that any that came from him contained the very matter in that Book Was it the Matter or Words R. Do you Believe it Sir F. W. Good Mr. Recorder let me alone Can you say it is the very Matter contain●● in that Paper P. I can't say that L. C. J. It is not an easie matter for a Man to remember the Matter of a Paper that is writ on all Sides He Swears that they had several and that they had none tho he printed them from any but him or his Order This Question Sir Francis Winnington asks had you this particular Paper from him he cannot Swear it was the same he had from him but he does Swear all the weekly Intelligences were from him or his Order he does not Swear for the Matter of this Book which no man will do But he does Swear that these Papers were alwayes by him or his Orders and that several were received from him Mr. W. I ask you upon your Oath he brought it you in Writing did he not P. They came in Writing Mr. W. Have you any of these Papers to shew P. We did not regard them when they were Printed L. C. J. His Cause shall be tryed very justly and very indifferently Mr. W. Had you ever a Paper from Car's hand or no P. We had few from his own hand Mr. W. Had you any P. I can't remember L. C. J. Had you any you are upon your Oath P. My Lord I can't remember L. C. J. Had you one or two P. Indeed my Lord I can't remember I can't say upon my Oath he ever brought one L. C. J. How then came you to say you had several from him P. Ay my Lord from him that is by him or his Order L. C. J. Are you sure it was by his Order P. I did conceive so my Lord. L. C. J. Had he any Mony P. From me L. C. J. Had he any Mony from any Body for Printing any of these Papers as you can remember P. I do suppose so I have heard he had L. C. J. Did you give him any P. No my Lord I was not concerned The Publisher my Lord was between him and me L. C. J. Who is that P. That is one Curtis L. C. J. Did Curtis pay him any Mony P. I never saw him pay him any my Lord. L. C. J. Hath he owned at any time he had any Mony P. My Lord I never had any Occasion for that Question L. C. J. Have you talk't with Carr. P. Yes my Lord. L. C. J. Now I shall have you for I do believe you are an honest Man Did Carr ever own himself to you to be the Author of this Book or any of these Papers P. My Lord as I said in the other Case so I say in this I had no Occasion to dispute it I took it for granted L. C. J. Have you ever heard him own it P. I have heard him deny it L. C. J. How did you come to take it for granted that he was the Author when he did once deny but never owned it answer me that Question and thou shalt be a brave Man P. My Lord there was never Occasion for that Discourse L. C. J. Look you Sir you must answer me in a Way agreeable to common Reason and Understanding

J. I will assure you a Non est Factum can't pass at this rate Mr. Jones Who did you take to be the Man that sent you all the Pacquets M. I very seldom took any because I was not alwayes in sight L. C. J. Who did you understand M. I understood they came from Mr. Carr. L. C. J. Have you any more Read the Words in the Information Clerk Fryday the 1st of August 1679. The●e is lately found out by an experienced Physitian an incomparable Medicament called The Wonder-working 〈◊〉 Truely Catholick in Operation somewhat of Kin to the Jesuits Powder but more effectual The Vertues of it are strange and various It makes Justice deaf as well as blind and takes out Spots of the deepest Treason more cleaverly than Castle-Soap does common Stains It alters a Man's Constitution in two or three dayes more than the Virtuosi's Transfusion of Blood in seven Years 'T is a great Alexipharmick and helps Poysons and those that use them It miraculously exalts and purifies the Eye-Sight and makes People behold nothing but Innocency in the blackest Malefactors 'T is a mighty Cordial for a declining Cause it stifles a Plot as certainly as the Itch is destroyed by Butter and Brimstone In a word it makes Fools Wise-Men and Wise-Men Fools and both of them Knaves The Colour of this pretious Balm is bright and dazling and being applyed privately to the Fist in decent manner and a competent Dose infallably performs all the said Cures and many others not fit here to be mentioned Probatum est Sir F. W. I am Councel for the Defendant May it please your Lordship and you Gentlemen of the Jury I am Councel in this Cause And the Question is Whether or no we must take the Information as it lies And truely for the first part of it whether there was a Plot or no I do not intend to make exceptions for I believe there was one and do intend to take it as in the Information Gentlemen we are to proceed now to this other Question which is my Lord Whether or no this Defendant that is Carr did falsely and malitiously and with design to scandalize the Government cause to be printed and published this false Libel that is in the Information Now truely my Lord We that are for the Defendent say we are not guilty My Lord we very well know how penal a thing it is for a Man to be the Author of a Libel that relates to the Scandal of the Government And my Lord whether this Defendent be guilty of this or no we must submit that to your Lordships and the Juries consideration They have produced two Witnesses that is to say the Printer and his Man Now my Lord there hath been going out for some time a Weekly Pacquet of Advice from Rome and I did ask the Witnesses for the Information Points at one Paragraph and puts the Paragraph In haec verba I did ask him whether or no he did send or whether the Matter that he sent is that contained in this Information That he could not Swear but must be left in point of Evidence it being we allow a very penal Matter The second Witness and the first Witness likewise say there was a Boy but whether that Boy came by his Masters direction he does not know I ask't him if ever his Master sent the Boy he does not know he says that he sent him But the last Witness says divers were had from the hands of Carr but whether it was the thing that is now complained of there is the Question and that is in the dark For by your Lordships leave I do not understand that ever this man was complained of to any publick Magistrate for writing this Book for it was thought he was a Satyrist against Popery and thought to be very well liked on til this Fault was found with it and 't may be very justly whether or no we be guilty of this is uncertain for we know in the Age we live in there are two many shams put upon men and who knows but that the Papists that might have an ill will to this Mr. Carr that hath been no Friend to them might shuffle in this Paragraph by that means to have Justice come upon him I would not contrive against common Evidence where a Man is guilty to the Publick but we know there are abundance of Artifices in this Age to abuse Men. For this purpose I hope your Lordship and the Jury will expect that you should have positive Evidence against him Now granting your Lordship should have Conjectural Evidence that he did cause it to be Printed and published that this Man did write it is I say very uncertain for there is no positive Evidence What a man may have in his private thoughts of it is not enough but whether Secundum allegata probata it shall be alleadged and proved that this man was the Author of it Now my Lord I say I must submit it to your Lordship I say that as to the causing it to be Printed or the causing it to be Published or that this individual Paragraph was writ by him in Order to its being Printed or published my Lord I say there is but remote and conjectural Evidence and an angry Papist might contrive this way to have an Innocent Protestant found guilty People Hem L. C. J. You see what a Case we are in Gentlemen You see what a sort of People we are got among Go on Sir Francis Sir F. W. With your Lordships leave I have one thing to put to your Lordship The Information sayes false illicite malitiose I know there are some things that do imply Malice in themselves Truly my Lord I am upon a tender Point and know not how to express my self I say supposing it should fall out that this Man writ this Book and he might have some little extravagancies in his Head in writing whether this Man did it malitiously to scandalize the Government as the Information says is a Question Truely my Lord there is many an indiscreet Act a man may be guilty of that cannot be called a malitious Act and that is the second thing there must be Evidence that this Man did it malitiously or that he did it with a design to scandalize the Government If you be of Opinion that it is otherwise that is in your Lordships Breast we are of the Negative and we say we can't prove a Negative But if you find him Innocent I suppose there will be no Cause to complain of him afterwards for he had no Malice in his Heart Mr. W. My Lord it can never be supposed that a good Man and a good Subject should do an ill Action If he be a very good Subject if he be upon a Square in every respect a Person that loves his King and loves the Government in Church and in State if he be such a Person he cannot be thought guilty my Lord we will prove him to

By Vertue of an Order to me granted by the Lords Spiritual and Temporal in Parliament Assembled I do appoint Randal Taylor near Stationers-Hall London to Print this Tryal of Henry Carr. Gent. and Elizabeth Cellier and that no other Person Print the same Feb. 18th 1680. John Combe THE TRIALL OF Henry Carr Gent AT THE GUILD-HALL of the City of London the 2d Day of July 1680. Upon an INFORMATION brought against him in the Crown-Office charging him to be Author as in the said INFORMATION it is called of a certain false scandalous and malitious Book Intituled The Weekly Pacquet of Advice from Rome or the History of Popery Particularly for that of the 1st of August 1680 which was the next Fryday after the Tryal of Sir George Wakeman at the Old-Baily before the Lord Chief Justice SCROGGS Also the Tryal of Elizabeth Cellier AT The Kings-Bench-Bar July the 1th 1680. where she was cleared and Mr. Thomas Dangerfield the chief Witness against her for some defect in his Pardon committed to the Kings-Bench Prison LONDON Printed by I. G. for R. Taylor near Stationers-Hall 1681 THE TRIALL OF Henry Carr In Hillary Term 1679. AN Information was brought in the Crown-Office against Henry Carr which sets forth That a certain Plot of a traiterous Conspiracy was late had within this Kingdom of England amongst divers false Traytors of this Kingdom of England to put to Death and murther our Lord King Charles the Second and the Government of this Kingdom of England and the sincere Religion of God within this Kingdom of England well and piously Established to destroy and subvert and the Romish Religion within this Kingdom of England to introduce and that also divers Traytors for high Treason aforesaid were lawfully convicted and attainted and other Persons for High-Treason aforesaid were by due Course of Law tryed and acquitted Nevertheless one Henry Carr of the Parish of St. Pulchres London Gent. knowing well the Premises but minding and malitiously intending the Government of the Kingdom of England and the Administration of Justice in the same Kingdom to scandalize and to bring the same in Contempt The 1st day of August in the 1th Year of our now Lord the King at the Parish of St. Pulchres London a certain false scandalous and malitious Book Intituled The ●●ekly Pacquet of Advice from Rome or The History of Popery malitiously and unlawfully hath Printed and caused to be Published in which Book is contained among other things as followeth There is lately found out by an experienced Physitian an incomparable Medicament called the Wonder-Working Plaister truly Catholick in Operation somewhat of kin to the Jesuits Powder but more effectual The Vertues of it are strange and various It will make Justice Deaf as well as Blind takes out Spots out of deepest Treasons more cleaverly than Castle-Soap does common Stains It alters a mans Constitution in two or three days more than the Virtuoso's Transfusion of Blood in seven Years Is a great Alexipharmick and helps Poisons and those that use them It miraculously exalts and purifies the Eye-Sight and makes People behold nothing but Innocence in the blackest Malefactors It is a mighty Cordial for a declining Cause stifles a Plot as certainly as the Itch is destroyed by Butter and Brimstone In a word it makes Fools Wise-Men and Wise-Men Fools and both of them Knaves The Colour of this pretious Balm is bright and dazling and being applyed privately to the Fist in decent manner and a Competent Dose infallibly performs all the said Cures and many others not fit here to be mentioned To the great Contempt of our Lord the King and his Laws to the great Scandal of the Government of our now Lord the King and the Laws of this Kingdom of England and the Administration of Justice in the same Kingdom to the evil Example of all others in such a Case offending and against the Peace of our Lord the King his Crown and Dignity To which Information appeared in the Court of Kings-Bench Henry Carr by his Attorney Benedict Brown the 1th of February and having heard the Information aforesaid said that he was not guilty Issue being join'd it was tryed by Writ of Nisi prius at the Guild-Hall before the Lord Chief Justice Seroggs upon the 2d of July 1680 where a Jury being Summon'd whose Names are as followeth Benjamin Thorogood Richard Blackbourn Godfrey Richards Leonard Bates Phillip Harman Francis Breerwood Thomas Kemble William Longman John Debman Lewis Wilson Henry Lashoe Thomas Salter Jeremiah Gregory Nicholas Bondy George Day Nicholas Dawes Richard Blaney Henry Averie Joseph Hall William Bridges Thomas Lee. Richard White Randal Dod. Richard Bowater Of all which only four appeared and were Sworn viz. Nicholas Bondy Leonard Bates Henry Avarie Randal Dod. Whereupon a Talis was pray'd and granted and then were Sworn and Added to the principal Pannel according to the Form of the Statute Nicholas Caplin Richard Cawtham Arthur Young William Yap James Wood. Thomas Gilby John Odense● Emanuel Coniers After which the Court proceeded and the Recorder began to open the Offence as follows Recorder THIS Person among others intending to Scandalize the Government hath caused a Book to be published which I have here in my Hand called The Weekly Packet of Advice from Rome there are some Papers besides what are bound up together that are continued on which my Lord would not be amiss for us that are of the Kings Counsel to take notice of not only for the Juries Satisfaction but likewise for the Satisfaction of this great Auditory some whereof I know come to pick Advantage and to know whether or no Rascals may not have Liberty to print what they please Now all the Judges of England having been met together to know whether any Person whatsoever may expose to the publick Knowledge any manner of Intelligence or any matter whatsoever that concerns the Publick They gave it in as their Resolution that no Person whatsoever could expose to the publick Knovvledge any thing that concerned the Affairs of the Publick vvithout Licence from the King or from such Persons as he thought fit to entrust vvith that Affair But such is the Age that vve live in that a man that hath Wit enough for to libell any Man in the Government thinks he hath Licence enough to expose that Man to publick Knowledge also And they do it under specious Pretences because they think that any man may be exposed to the publick Censure that they can either call a Papist or but popishly affected and that man is either the one or the other that is not agreeable to every Rascally Humour that some People affect I acknowledge my Lord that any man that will in a Legal Manner endeavour to suppress Popery ought to be encouraged in his Endeavour to the utmost but if in Case any man vvill be transported with Zeal because he is of a Party and under pretence of endeavouring to Suppress Popery should support a Party