Page images
PDF
EPUB

some people affect. I acknowledge, my lord, L. C. J. You printed them, did you ? that any man that will in a legal manner en- Printer. Yes, my lord, I did. deavour to suppress popery, ought to be en- L. C. J. And you know of none from any couraged in his endeavour, to the utmost ; but else, but by him or his orders ? if in case any man will be transported with zeal Printer. No, My lord. because he is of a party, and under pretence

Sir Fr. Winnington. Shew him the paper. of endeavouring to suppress popery, should sup- Canyou swear upon your oath, that Mr. Carr port a party, that man ought to be detected. did send or deliver to you that very paper ? The author of this Packet of Advice from Rome, Printer. I cannot tell that any body else did or the publisher of it, Mr. Carr, that is now send it. the defendant, he thinks he can scratch the itch L. C. J. We must do here, as we do in all of the age, and that he may libel any man con- cases : he saith, I had divers of these papers cerned in the government, if he can but call from him, I priated them, and I know of none him a papist, or popishly affected; let a man be that ever was but by him or his order. never so honest let a man be never so much Sir Fr. Winnington. He saith so, but, my for the sapport of that religion that every ho- lord, the information is to such a particular nest man ought to support that is, the Protest. book entitled, “ A Pacquet of Advice from ant Religion, as it is established by law, without Rome.” going to Rome or Amsterdam for assistance. I L. C. J. He says this in answer to it, I can't will not mention the persons that are concerned charge myself with this particular to say posiin it, but I will apply myself wholly to this tively I had it from him: but this I can say, matter, that it is the opinion of all the judges of we had several from him, and I know of none England that it is the law of the land, that no else, but all were by bim or his order. person should offer to expose to public know- Sir F. Winnington. Will your lordship give ledge any thing that concerns the government, me leave to ask him one question? Can you without the king's immediate licence. Now we swear that any that came from him contained are to try whether this person exposed this thing the very matter in that book? Was it the matto public knowledge, and that is the matter, ter or words? gentlemen, that you are to try. The other is the Recorder. Do you believe it? business of the court; we are to say whether Sir F. IVinnington. Good Mr. Recorder, let if we prove the fact, this inan is guilty of me alone. Can you say it is the very matter punishment, and no doubt the justice of the na- contained in that paper? tion will punish him. But wben I see so many

Printer. I can't say

that. swarm about me, I am willing to hear what L.C.J. It is not an easy matter for a man to proof there is.

remember the matter of a paper that is writ on Sir Fr. Winnington. I am of counsel for the all sides. He swears that they had several; defendant, I only offer it to your lordship, that and that they had none, though be printed them, the information may be proved.

from any but him or his order. This question L. C. J. Here are two things we are to keep sir Francis Winnington asks, Had you this parto, the matter of proof according to the infor. ticular paper from him? He cannot swear it mation, and accordingly are we to proceed as was the same he had from him; but he does in common justice we find the case to be. I swear, all the Weekly Intelligences were from must say that for the prisoner, he has behaved him or bis order; he does not swear for the himself with as much modesty as in duty and matter of this book, which no man will do : but honesty he ought; but I find that Sir Fr. Win. he does swear that these papers were always by nington puts you upon proving.

bim or his orders, and that several were reSir F.'Withins. My Lord, we will prove it. ceived from him.

L. C. J. (Sir William Scroggs.) Let them Mr. Williums. I ask you upon your oath, he that are not of the jury go forth, the jury is brought it to you in writing, did be not? no more to be corrupted than the judge, Printer. They came in writing.

Sir Francis Withins. We must be allowed the Mr. Williams. Have you any of these papers first part, that there was a plot.

to shew? LC. J. The jury may take that upon

their Printer. We did not regard them when they oaths, they know there was a plot the cer- were printed. tainest of any thing of fact that ever came be- L. C. J. His cause shall be tried very justly fore me.

and very indifferently.
Mr. Williams. Had you ever

rer ' a paper from Mr. Stedens, Printer.

Carr's band or no? L. C. J. Did Mr. Carr own he writ this Printer. We had few from his own hand. packet, bad you any from him ?

Mr. Willians. Had you any? Printer. I had several from him.

Printer. I can't remember. L. C. J. Of whom else had you any?

L. C. J. Had you any! You are upon your Recorder. Besides Carr ?

oath.-Printer. My Lord, I can't remember. L. C. J. You are upon your oath; from L. C. J. Had you one, or two? whom ever had you any besides?

Printer. Indeed my lord, I cannot rememPrinter. I do not remember that I had any ber, I cannot say upon my oath he ever brought from any body else.

one.

me.

[ocr errors]

L.C. J. How. then came you to say you

had L. C. J. Did he deny it, or baulk when you several from him?

discoursed him of this matter? Printer. Ay, my lord, from him, that is, by Printer. My lord, I must needs say as I said him, or his order.

before, it was taken tor granted. L. C. J. Are you sure it was by his order? Mr. Williums. You had it in writing, where Printer. I did conceive so, my lord. are those writings? L. C. J. Had he any money?

Printer. We seldom regard those writings. Printer. From me?

L. C. J. It is hard to find the author, it is L. C. J. Had he any money from any body not hard to find the printer: But on author for printing any of these papers, as you can re- found is better than twenty printers found. member?

Mr. Williams. Aly lord, I will ask this man a Printer. I do sappose so, I have heard he question. Upon your oath, who brought you had.

that writing? L. C. J. Did you give him any?

Printer. What writing? Printer. No, my lord, I was not concerned. Mr. Williams. That by which it was printed : The publisher my lord was between hiis and who brought you that paper ?

Printer. I don't remember particularly I had L. C. J. Who is that?

any of Mr. Carr himself. Printer. That is one Curtis.

Mr. Williains. Can you name the person that L. C. J. Did Curtis pay him any money? brought this paper, or any one person that

Printer. I never saw him pay him any, my brought any one'paper? lorid,

Printer. There was a little boy. L.C. J. Hath he owned at any time he had Mr. Williams. Whose boy? any money?

Printer. Mr. Carr's boy. Printer. My lord, I never bad any occasion Recorder. Now it is out. for that question.

Mr. Williams. Name the boy. L. C. J. Have you talked with Carr?

Printer. I do not know his name. Printer. Yes, my Lord.

Mr. Williams. Can you name another, can L. C. J. Now I shall have you: For I do you name any body else? believe you are an honest man. Did Carr ever Printer. Truly, sir, I don't remember any own himself to you to be the author of this book, body else. or any of these papers?

Mr. Williains. Now I will ask you one thing: Printer. My lord, as I said in the other case, Had you any directions for the printing this pa. so I say in this, I had no occasion to dispute per? it, I took it for granted.

L. C. J. To what purpose was this written L. C. J. Have you ever heard him own it? paper brought to you? Printer. I have heard him deny it.

Printer. To be printed, my lord. L. C. J. How did you come to take it for Mr. Williams. Who gave directions ? granted that he was the author, when he did Printer. It was the publisher that chiefly die once deny, but never owned it? Answer me

rected me. that question, and thou shalt be a brave man. Mr. Williams. Who was that?

Printer. My lord, there was never occasion Printer. I have named him. for that discourse.

Mr. Williams. Name him again. L. C. J. Look you sir, you must answer me Printer. Curtis. in a way agreeable to cominon reason and un- Mr. Williams. Did Carr never direct you to derstanding. Why did you say just now, you print this paper? took it for granted that tie was the author, and Printer. He did not deal immediately with yet you say he hath denied it and never owned it? Why should you then believe he was the Recorder. When the little boy came, who author?

did
you

take him to come from? From Mr. Printer. I don't say, my lord, he never owned Carr, or Mr. Curtis ? it.

Printer. From Mr. Carr. L. C. J. What tricks we have in this world ! L. C. J. He says he was Carr's boy, and

Recorded. I would ask the gentleman, I will that he came from biin: this I speak to the not quarrel with him at all, if he thinks not in jury; and I promise you this, if my life and for. his own conscience he has reason to quarrel tune were at stake, I would be tried by this jury with himself. Did be ever own it to you? at the bar, and would do in this, as in all cases.

Printer. I don't remember he ever owned it Mr. Carr is looked upon as the author of this to me in so many words.

book; that it either came from him, or by his L. C. J. Did he treat with you in these cir- order, his boy (he can remember no body else) cumstances as if he were the author?

did bring it. This is now remaining only: aré Printer. Yes, my lord, I grant that. you sure Mr. Carr sent him? Saith he, we

Recorder. But do you swear it is so? We talked with Mr. Carr several times. don't care for your granting : I ask you upon Sir Fr. Winnington. Thus it is, my lord, in your oath, did you ever discourse him as the the information, • Maliciosè et illicité imprimi author of these papers?

causavit et publicavit. Now I would only Printer. I supposed him to be the author, ask hisa a question, iny lord, whether or no did

me.

Mr. Carr own to you that he sent the boy to Printer. This is my servant, I am not always have it printed ? – Printer. No, Sir, I think not. there.

L. C. J. That is the same question asked Sir Fr. Winnington, My lord, I would ask before. Did Mr. Carr ever own it as his, or this man a question. This printed paper that no? Upon your oath, did Carr own this packet is put in the information, did he ever deliver to be bis, when you discoursed with him that to you? about it?

Man. I can't speak particularly to any one. Printer. My lord, I humbly crave your leave Recorder. But generally to all? to explain myself. I mean by the discourse I L. C. J. Have you done? had, common conversation, as the drinking a Mr. Williams. 1 ask you a question. glass of wine; but I know not that ever we L. C. J. If you could, Mr. Williams, shew discoursed upon this thing.

me any author besides Mr. Carr, I would say L. C. J. 'I mean so? When you talked something, about this matter, did you take it, by his dis- Mr. Williams. Who brought you this paper? course, for granted, that he was the man that Man. Which paper? published it?

Mr. Williams." I don't speak of this paper Printer. I took it for granted, because I had particularly. Did any bring any besides Carr? it from him.

Man. Yes, bis boy. L. C. J. What say you to this? have you Mr. Williams. Did any body else bring ang blamed Carr for writing too sharply in this from any place? book against the government?

Man. Nobody else that I know of. Printer. My lord, I do confess I have. Mr. Williams. The packet he brought you,

L. C. J. What answer hath be made, when had it been printed before? I ask you upon you blamed him for writing too sbarply, as you your oath, was it printed before he brought it? thuught ? Did he deny that he did it?

L. C. J. Did he bring papers to print that Printer. I don't reinember that.

were never printed ? L. C. J. What sort of answer did he maketo Man. They were never printed that I know excuse it ? that he thought it not too sharp; or of. did he say, I care not.

Mr. Williams. Did he bring any to print! Printer. My lord, I can't particularly say Man. I can't say be brought any. what answer he made.

Mr. Williams. Did Mr. Carr bring any? L. C.J. When you blamed him, by the oath Man. No, the boy. you have taken, upon that blame of yours, did Mr. Williams. Who directed you to priat he deny he wrote it?

them? Did Carr direct you? Printer. No, my lord, I do not remember Man. I can't tell, I am a servant in the he did.

house. Mr. Williams. Did Carr at any time deny he L. C..J. I will assure you, a 'Non est Facwas the author or publisher of it?

tum' can't pass at this rate. Printer. He bath at some times..

Justice Jones. Who did you take to be the Mr. Williams. What did be deny?

man that sent you all the packets? Printer. That he was the author.

Mun. I very seldom took any, because I Mr. Williams. Of what book?

was not always in sight. Printer, Of the Packet?

L. C. J. Who did you understand? L. C. J. Did he deny he was the author of Man. , I understood they came from Mr. this particular book for this week, or deny it in Carr. general ? Did he deny in general that he was L. C. J. Have you any more? Read the the author of that book that is called, “ The words in the Information. Packet of Advice ?"

Clerk. Friday the 1st of August, 1679, Printer. I have heard him say sometimes « There is latels found out by an experienced that he was not the author.

physician, an incomparable medicament, callRecorder. And sometimes what?

ed, The Wonder-Working Plaister; truly Ca. Printer. I have heard him say some time or tholic in operation; somewhat of kin to the other, that he was not the author.

Jesuits Powder, but more ellectual. The virRecorder. And what else?

tues of it are strange and various. It makes The Printer's Servant,

justice deaf, as well as blind, and takes out

spots of the deepest Treason more cleverly than Mr. Williams. Are you acquainted with Castile-Soap does common stains. Carr?

man's constitution in two or three days, more Mar. I never had any converse with him. than the Virtuosis Transfusion of Blood in

Mr. Williums. Do you know any thing of seven years. It is a great alexipharmic, and the Packet of Advice?

helps poisons and those that use them. It miMar. I know we have had Packets from raculously exalts and purifies the eye-sight, and him : I fetched some from him.

makes people behold nothing but jonocency in Mr. Williams. What, from his hands? the blackest malefactors. It is a mighty corMan. Yes.

dial for a declining cause ; it stifles a plot as Mr. Williams. What, from his own hands ? certainly as the itch is destroyed by butter and Mun. Yes, in pieces, no whole sheets. briinstone. In a word, it makes fools wise

It alters a

men, and wise men fools, and both of them and the jury will expect that you should have . knaves. The colour of this precious balın is positive evidence against bim. Now granting bright and dazzling, and being applied private your lordship should have conjectural endence ly to the fist, in decent manner, and a compe. that he did cause it to be printed and publishtent dose, infallibly perforins all the said cures, ed, that this man did write it, is, I say, very and inany others not fit here to be mentioned. uncertain, for there is no positive evidence. Probatum est.

What a man may bave in his private thoughts Sir Fr. Winnington. May it please your of it, is not enough: But, whether secundum lordship, and you gentlemen of the jury, I am allegata et probata,' it shall be alledged and counsel in this canse for the defendant: And proved, that this man was the author of it. the question is, whether or no we inust take Now, my lord, I say, I must subinit it to your the Information as it lies? And truly, for the lordship, I say, that as to the causing it to be first part of it, whether there was a plot or no, I printed, or the causing it to be published, or do not intend to inake exceptions; for I be that this individual parayraph was writ by him lieve there was one, and I do intend to take it in order to its being printed or published ; my as in the information. Gentlemen, we are to lord, I say, there is but remote and conjectural proceed now to this other question : which is, evidence, and an angry Papist might contrive my lord, Whether or no this defendant, that is, this way to have an innoceni Protestant found Carr, did · falsly and maliciously,' and with guilty. • design to scandalize the government,' cause to People. Hem be printed and published this false libel that is L. C. J. You see what a case we are in, genin the information. Now truly, my lord, we tlemen; you see what a sort of people we are that are for the defendant, say we are not got among. Go on sir Francis. guilty. My lord, we very well know how Sir Fr. Winnington. With your lordship's leave penal a thing it is for a man to be the author I have one thing to put to your lordship. The of a libel that relates to the scandal of the go- information says, false, illicité et maliciose.' vernment. And, my lord, whether this de- I know there are some things that do unply mafendant be guilty of this, or no, we must submit lice in themselves. Truly, my lord, I am upon that to your lord ship's and the jury's conside- a lender point, and know not bow to express ration. They have produced two witnesses, myself. I say, supposing it should fall ont that that is to say, the printer and his man. Now, this man writ this book, and he night have my lord, there hath been going out for solne some little extravagancies in his head in writtime, A Weekly Packet Advice from Rome; ing, whether ibis man did it maliciously to scanand I did ask the winesses (for the informa- dalize the government, as the information says, tion points at one paragraph, and puts the pa- is a question. Truly, my lord, there is many ragraph in hæc verba)-I did ask him whether an indiscreet act a man may be guilty of, that or no he did send, or whether the matter thaç cannot be called a malicious act; and that is be sent is that contained in this inforination. the second thing. There must be evidence that That he could not swear: but must be left in this man did it maliciously, or that he did it point of evidence, it being, we allo:v, a very with a design to scandalize the government. If penal matter. The second witness and the you be of opinion that it is otberwise, that is in first witness likewise say, there was a boy: but your lordship's breast; "we are of the negative, whether that boy came by his master's direc- and we say we can't prove a negative. But if tion, he does not know. I asked him if ever you find himn innocent I suppose there will be bis master sent the hoy; he does not know, be no cause 10 complain of him afterwards, for he says, that he sent him. But the last witness had no malice is his heart. bays, divers were had from the hands of Carr; Mr. Williams. My lord, it can never be supbut whether it was the thing that is now com posed that a good man, and a good subject, plained ut, there is the quest on, and that is in should do an ill action. If he be a very good the dark : For, by your lurdship’s leave, I do subject, if he be upon a square in every respect, not understand that ever this man was com- a person that loves his king, and loves the goplained of to any public magistrate for writing vernment in church and is state ; if he be such this book ; for it was thought he was a satirist a person, die cannot be thought guilty. My lord against Popery, and thought to be very well we will prove him to be such a man, and I hope liked on till this fault was found with it; and the gentlemen will believe us. it may be very justly; wbether or no we be guiity of this, is uncertain : For we know in the

Call Mr. Sutlon, Mr. Ayliffe, and Mr. Ambler. age we live in, there are wo many shams put Mr. Williams. Mr. Sutton, do you know Mr. upon men; and who knows but that the Papists Carr? that might have an ill-will to tbis Mr. Carr, Sutton. I know him

very

well, that bath been no friend to thein, might shuffle Mr. Williums. How long since have you in this paragraph, by that means to have jus- known him? tice come upon him? I would not contrive Sutton. Two or three years. against common evidence, where a man is Mr. Williams. Does he go to church or meet. guilty to the public; hut we know there are ing? abundance of artifices in his age to ahuse Sutton. He hath been with me at church men. For tbis purpose I hope your lordship often. VOL. VII.

4C

ment.

Mr. Recorder. Does be receive the sacra- Ayliffe. Yes, sir. ment according to the manner of the church of Mir. Williams. Is he a conformable man to England ?

the government in church and state? Does be Sution. I was never with him at the sacra- go to hear common-prayer?

Ayliffe. I have seen him at church and divine Mr. Williams. Is he one of them, you call dis- service. senters.

Recorder. Did he behave himself reverently L. C. J. Did he ever discourse with you con- there? cerving this book?

Ayliffe. Yes, Sir.
Sutton. My lord, I have osten spoken to him. L. C. J. Do you think he writ this?
L. C. J. Has he disowned he was the author. Ayliffe. My lord, I never asked him.
Sutton. He has sometimes.

Sir Fr. Winnington, My lord, it seems he L. C. J. How do you believe it was upon was accounted the author of the books; but that discourse?

whether of this particular one in the informaSulton. I do not think he is able to write tion, we conceive not proved. such a book.

Recorder. If we should not do right, we disL. C. J. That is not the question, answer claim that service we owe to the crown, and me what I ask.

that respect we owe to the government as boSutton. It did seem something like his writ- nest men and as true protestants, and as much ing, methought.

agaiost papists as any man whatsoever. I shall L. C. J. Did it seem by his answer to your endeavour to give the world satisfaction that discourse with him ?

this man is guilty of this cffence. My lord, for Recorder. Pray tell us, did you look upon any man to come and pretend that we must him to be the author?

prove that a man is malicious; or because that L. C. J. By the discourse you had with a man writes against the papists, he must never him, how did it appear upon that discourse ? therefore be convicted of 'malice, surely is a Pray tell us plainly and clearly, how you do strange argument. And I wonder to hear any think, by the discourse you had with him con- mao ihat pretends to reason, men of sense, and cerning this pamphlet, whether he was the au. conscience, and understanding, so out of ibeir thor or no?

cominou sense and understanding, as to make Sulton. My lord, about a year, or a year and that go as an argument. Gentlemen, the half since, I did ask him whether this book things themselves bespeak their malice. For were licensed ? He told me it was licensed by so we in our common discourse, when we bring Mr. L'Estrange; but he did not tell me he was our common actions (of which you have heard the author.

a nuruber), if in case any man call a man L. C. J. How did it seem by his discourse. thief: we say he does falsiy, maliciously, Sutton. I did apprehend he might write it. and scandalously call a man thief: If we

Sir Fr. Winnington. Ny lord, but the ques- prove he called him thief, the very thing cion is, whether he wrote this paragraph. does intimate he does it falsly, scanda. Mr. Ambler.

lously, and maliciously; therefore the thing Mr. Williams. Mr. Ambler, pray do

itself is a sufhcient indication of the malice and you

depravity of it. There is no man but may quaint my lord, do you know Kir. Carr? Ambler. Yes, sir.

know in plain English wtat is the meaning of L. C. J. How long have you known him?

these words; it is as plain as can be in the Ambler. Three years.

world : We must debauch our understandings, Sir I'r. Winnington. Of what conversation is all men that will not be of their party, if we

and be as great Doltheads as they would make be, and how affected to the government ? Ambler. He went to church with me.

don't plainly see into the meaning of these Sir Fr. Ilinnington. Do you look upon him as words, that`justice is to be bribed with money.' a man well affected to the government? Do you and say, that the information lies against these

In the next place, gentlemen, we do not come think he would maliciously write any thing to scandalize the government?

very particular words; that is a mistake of the Just. Jones. How do we koow low Mr. Am- did cause to be printed and published a book,

information. But the information is, That he bler understands the government ?

Recorder. Mr. Ambler, liad you any dis- in which among others there were such words course with him about the Packet of Advice?

as these; though if they had been the very Ambler. Never in my life.

words themselves, the very words liave been Recorder. Did you ever hear of the book?

proved. Now, There is no better proof upder Ambler. Yes, sir.

the heavens, than the proof we have offered. Recorder. Upon your oath, did you look The printer himself, hie comes here and says, upou bim to be the author?

That Carr did acknowledge himself the author, Ambler. The common report was, that Mr. and he did generally publish the book; I apCarr was.

peal if you do not believe it. This they would Mr. Ayliffe.

now come and excuse ; for they are glad to

make a rascal of any of their party, if they can Mr. Williams. Mr. Ayliffe, do you know Mr. but save a man that is guilty. But things come Carr?

out with much difficuliy and much straitness;

[ocr errors]
« PreviousContinue »