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There is no doubt of it, and if he bad produc- Justice Dolben. Come, gentlemen, lay your ed 20 witnesses, do you think he would produce heads together and consider of the matter. any one that should speak against himself? He
Which the Jury did at the bar : And being chooses out those certainly as would speak as asked by the Clerk of Crown, whether they were much in his favour as they can; but if a man hath been an honest man in his conversation,
agreed; they answered, Yes. may he not be enticed or seduced ? especially
Cl. of Cr. Who shall
say for you? when it will be told him, If you do this, you
Omnes. Foreman. shall merit heaven, you shall be sainted and
Cl. of Cr. Do you find the defendants Guilcanonized, you do the greatest service in the ty of the trespass and offence whereof they world to the Catholis cause.
stand indicted, or Not Guilty ? These temptations may work upon a man,
Foreman. Guilty perhaps, that is morally honest, when he is in- Mr. Pollexfen. As to part only for Mr. Tasfatuated with this principle, That any thing may
borough? be done for the Catholic cause ; as it is a Ca.
Foreman. Guilty of the Indictment. tholic doctrine too often instilled into then; Guilty of one part, and that must be considered
Justice Jones. We all know he is not fouud that any thing is become sanctified wben ić tends to that end; it is easy then to prevail
at the setting of the fine. upon them in things of this nature.
Att. Gen. Mr. Tasborough hath been upon I should have told you (which I omitted be bail
, but I suppose must not go upon bail now; fore) one circumstance concerning matter of we pray that he may be committed. proof against Mrs. Price more than Tasbo
Justice Pemberton. They must both be comrough: Two witnesses said they were in the mitted; take them both.
Mr. Sanders. Mrs. Price is still in the Gate.' closet, and heard a woman discourse, but nei
house. ther of them did see her face; but afterwards it is proved by another, that he was desired to
Justice Pemberton. We have her here now, observe who came into or who went out of the she is in our custody.'. bouse; and he swears he saw Mr. Duydale and
Mr. Sanders. If you please, Sir, we desire her come out of the house ; that they went to
she may be remanded back. the Gate-house, and he saw her come again
Justice Pemberton. No, they shall go' both from the Gate-house with Mr. Dugdale, and he into the Marshal's custody. is sure this is the person, And you remember
Price. I beg your lordships I may go back that part of their discourse was of going to the to the Gate-house. Gate-house.
Justice Pemberton. What! These are not Justice Pemberton. They do not deny it things to be trifled with. neitber.
Justice Dolben. No, we must not shew you Justice Jones. I don't see they do.
any favour at all. Justice Pemberton. It is a very strong and
Justice Pemberton. No, we must bave no
favour for plain evidence as can be given.
that would destroy us all. Justice Jones. There is nothing can be said Then the Prisoners were taken into custody for Mrs. Price, little for Mr. Tasborough. by the Marshal, to be kept till their judgment.
Justice Pemberton. I see nothing that can do Afterwards John Tasborough was fined 100l. him any good.
and Anne Price 2001.
261. The Trial of BENJAMIN HARRIS, Bookseller, at Guildhall, for
causing to be printed, and sold, a Libel, entitled, “ An Ap
peal from the Country to the City, for the Preservation of “his Majesty's Person, Liberty, Property, and the Protestant
Religion : 32 CHARLES II. A. D. 1680. MR. Recorder (sir George Jefferies); I hope, you and all others that shall hear it, (for I perthis being a matter to be tried in the city of ceive there is a great expectation this day from London, persons coming here in great multi- this cause) I hope, I say, you will abominate tudes, come to blush, rather than to give en- any man that shall offer at any such like thing. couragement to it; and if we can give your Indeed we live in an age where all sorts of lordship, and this jury, satisfaction that this faction and rebellion is countenanced, magisperson is guilty of the offence, according as it trates reviled, and scandalized by some peris laid in the information, I hope that both, sons, who think they have authority so to do.
It is just like such another kind of religion, See this “ Appeal” in the Appendix to which some have now of late taken up, that 4 Cobbett's Parl. Hist. No. IX. See, also, sir rather than they will be thought to turn fanaJohn Hawles's Remarks on Fitzharris's Trial, tics, they will turn plain atheists, and others, infra.
who scorn to be either, downright rebels. This
book is as base a piece as ever was contrived in After ber, Mr. Benjamin Tooke, at the Ship hell, either by papists, or the blackest rebel that in St. Paul's Church-yard, bookselier, was exever was : it seems to carry with it a fine cha- amined, who said he saw several quires of racter, and has a figure of all plausible obedi-them in the shop. And being asked by Mr. ence to the crown, to wit, “ An Appeal, &c. Harris, How he knew they were all those “ for the preservation of his majesty's person, books? He answered, that be turned over a " liberty, property, and the Protestant reli- great many of them, and found them all the
have seen it, I samne. hope you will be so far from giving any countenance to it, as that you will, with me, think, of this book, of so great importance, no doubt,
Recorder. My lord, he was so mighty zealous it is so far from tending well to the government, to bis party, that for fear he should be disapthat it is only designed to rake up all sedition and rebellion, and the very worst of all rebel- pointed in time, he gave soinewhat to hasteo it. lion. I must confess, I would rather bave Recorder. Call — the printer's man,and swear believed that it was only the sake of lucre him. (Who stood up, and was sworn.] made him do what he did, for that would have Recorder. What did Mr. Harris give you, ba? somewhat extenuated bis crime, if he had not Printer's Man. He iaid me down six-pence. read it first; but then to go and have it prinied, L.C. J. And whát, that was for hastening and exposed to sale, &c. this is a great aggra- the book, was it not? vation. If the same sort of insinuation bad Printer's Man. I cannot tell, Sir, not I, but been used towards any private tradesman, as he gave me six-pence. hath been offered to the king and magistrates, Recorder. And what did you do it in the dayI believe there is no man but would say, that time, was you not at it in the night? ere this time he might have hid bis head.-But Printer's Mun. Yes, I was upon it in the dissemblances of pretences for the sake of the night. Protestant religion now-a-days in his shop will Recorder. Ay, it was a deed of darkness, pass well enough, and persons can tell you and so fit for night-work. there bow far you may go from hence to Rome Serj. Strode. My lord, if it can be made out with safety; and after they have blackened to your lordship and this jury, thai he designed their mouths with tobacco and smoke, and do maliciously to scandalize the king and the gonoi rail against the church and the govern- vernment by it, we must acquiesce; but ibat, ment, they are looked upon straight as no Pro- my lord, he absolutely denies ; but seeing it testants. ---But still as to this person, the far-running up and down the town, he gets some ther to urge it, by way of aggravation upon of them, and suffers them to lie up and down in him, he could vauntingly make his boasts, bis shop, and this only as a common thing to when it was put home to him, why be would get money, so that we suppose it may not lie venture to do such things, &c. ? That he had within the information, because it does not above a thousand persons who would stand by intentionally scandalize the king and the gohim in whatsoever he did.
vernment. L. C. J. (Sir William Scroggs) There was Mr. Williams. He in his trade sold this book, hardly ever any book more pernicious to set and that we admit; but, my lord, it is a mate us together by the ears than this, por any thing rial part of the information, that it was done a greater incendiary; one can hardly write a with a malicious design, &c. and we do not worse--Says he, “ We in the country have take it so; but for the other matter we submit done our parts in chusing, for the generalicy, to it. good members to serve in parliament; but if L. C. J. Then you do admit, that he did sell (as our two last parliaments were) they must some of these boks. be dissolved, or prorogued, whenever they Mr. Williams. We do, my lord, that he did come to redress the grievances of the subject, sell one. we may be pitied, but not blamed. If the Mr. Ollibear. My lord, this book was pub. Plot takes effect, as in all probability it will) licly sold in other booksellers shops before we our parliaments are not then to be condemned, had it, and so we thought in a way of trade, for that their not being suffered to sit occa- we might do the like; but as soon as ever we sioned it.” So that here is a-sly way of casting heard there was any thing ill in the book, we it upon the king himself. And if it be not suppressed the selling of ii. downright treason, I am sure it is just upon the Serj. Strode. They say, my lord, the printer heels of it. It is a most abominable piece. had six-pence given bim by Mr. Harris. Friend, Then were called the Witnesses, to prove other times ? Have you never had any of him
does not he come, and give you some money at that the books were sold in his shop; and after
before? they were all sworn, first of all Mrs. Grover, a
Printer's Man. No, sir. I never printed any printer's wife, stood up, who confessed she had thing for him before. half a dozen of them, but not of bim; for he
Serj. Strode. Was not this printed before you was either gone out, or not in the way, but she had them of his man,
Printer. Not to my knowledge. Then stood up one Mary Darby, and sbe Serj. Strode. Pray ask the first witness. Was said, she bad four of them.
not this in priut before you saw it in his shop?
Grover. Yes, my lord.
ters (as there are few others) of false news, Mr. Williams. My lord, he is a man of other they are indictable and punishable upon that principles, than to do such things.
account. L. C. J. There is scarce any but Smith, that So that your hopes of any thing of that kind is so factious a seller of books as Harris : all will be vain; for all the judges have declared your domestic intelligences are so; for which, this offence, at the common-law, to be punishyou know, you have forfeited your recogni- able in the seller, though in the way of his zance almost in every book.
trade: the books may be seized, and the person A Neighbour was called by Mr. Williams, to
As for this book, in particular; you can give an account of Mr. Harris.
hardly read a more base, and pernicious book, Neighbour. My lord, I have known him to put us all into a flame: It gives you such inabout a twelve-month; and I have always citements, and such base encouragements, looked upon hiin to be a fair-conditioned, with such reflections upon all sorts of persons, quiet, peaceable man: he is, and has been so (for I have read it upon this account) that I reputed among his neighbours. And I have think, there can scarce be a worse made. He never seen any thing from him, but what was would set up another man, that has no title to very quiet and peaceable.
the crown : "For (says he) the greatest danger Recorder. Å bookseller that causes a fac-accruing to your persons, as well as to the tious book to be printed, or reprinted, if it was whole kingdom, upon the king's untimely death, printed before, is a factious fellow.
will proceed from a confusion, and want of L. C. J. You say right.
some eminent and interested person, whom you Mr. Goodhall (another neighbour of Mr. may trust to lead you up against a French and Harris's) said, upon his being asked, if he were popish army; For which purpose, no person is acquainted with hiin? And, if he were wont to fitter than his grace the duke of Monmouth; oppose, or to scandalize the king or govern- as well for quality, courage, and conduct, as ment? That he never heard such a like thing for that his life and fortune depends upon the of him.
same bottom with yours. He will stand by you; Recorder. I presume that none of these do and therefore, you ought to stand by him. And stand by him in any such thing : but he, being remember the old rule is, he who hath the worst advertised of it, and being asked, why he would title, ever makes the best king; as being con. offer to expose to sale such a book as this? He strained by a gracious government, to supply answered and said, that he had a thousand what he wants in tille: That instead of God persons that would stand by him. Call Robert and my right; bis motto may be, God and my Stevens.
people.” He says,"such a one would make a betL. C. J. What can you say?
ter king ; for, as you see, the worse the title, R. Stevens. My lord, I have seen this book the better the king. A king with a bad title, several times in his shop, and others too. And makes a better king, that he that hath a good I have asked him, why he would so publicly one; for be shall be obliged to comply with, vend thein ? (I did not indeed buy one of them and will bumour the people,for want of a title.” myself, but I caused a man to buy one for A thing, which is the basest nature that can be: me) and he said, He had several thousands to And yet this man must give money to hasten stand by him : and he is accounted an ana: the printing of such a book; and he had sevebaptist. He said so before the master and ral quires of them in his shop. Except the writer wardens of the company; who questioned him, of it, there cannot be a worse man in the why he sold such scandalous things ? And he world; who, for trivial profit, will neglect the said he had several thousands to stand by him. peace and quiet of his country, and set us all Then spake the Lord Chief Justice to this together by the ears for a groat. And, Mr. Har
ris, if you expect any thing in this world, of purpose :
this kind of favour, you must find out the auBecause my brother shall be satisfied with thor; for he must be a rebellious, and villainthe opinion of all the judges of England, what ous traitor: For, though he seems to inveigh this offence is, which they would insinuate, as against popery, it is only to be a rebel. And if the mere selling of such a book was no certainly, he has rejected all the laws of God, offence : it is not long since, that all the judges and all obedience that man requires ; and promet, by the king's command; as they did some phaned all holy-writ. He is somebody, whose time before too ; and they both times declared fortune does not suits with his condition ; and unanimously, that all persons that do write, or who, because he is not at ease and quiet himprint, or sell any pamphlet, that is either scan-self, will let nobody else be so neither." [Speako dalous to public, or private persons ; such ing to the Jury, who presently withdrew.] You books may be seized, and the person punished have nothing more to do, but to give your verby law : that all books, which are scandalous dict: If there be any thing in law, let me to the government may be seized; and all per- know it because you go out. sons so exposing them, may be punished. And Then one of the Jury asked my lord, if they further, that all writers of news, though not might not have the book with them, which was scandalous, seditious, nor reflective upon the there in the court, and it was answered in the government or the state ; yet if they are wri- negative. VOL. VII.
Before the Jury went out, Mr. Harris would the judges of England, that selling this book fain have spoke to them for himself, but it was was an offence at the common law, for which not permitted bim.
they ought to be punished; And yet with your Then, after a little while tarrying, they re- scruples, you give the party (with their balloos, turned to the bar. And being, as is usual, ask- and shoutings) to take advantage; though you ed if they were agreed on their verdict, and who did mean upon the matter the same thing then, should speak for them; they answered, Yes; you do now, yet you see, upon every little oce and appointed their foreman, who said he was casion, when a thing shall seem to thwart the Guilty of selling the book. At which there was government, how ready they are to send up a very great and clamorous sbout.
their loud ballooings. It was not so prudently Lord Chief Justice said, that was not their done as might have been done. We had business, they were only to determine whether need look about us, for if at such a time, and barely Guilty, or not Guilty.
for such a base book, such clamorous noises The Recorder would have had them given shall be made, what shall become of us? Our their verdict by the poll, but they all unani- lives and fortunes are at stake. Would I knew mously cried out, they were all agreed, and some of those shouters, I would make them then the foreman gave the verdict again, Guilty. know, I would punish them ; I am inceosed in
Mr. Recorder then prayed, he being for the the behalf of the goverument, and of all ouc king, that Mr. Harris might stand committed ; lives and fortunes that such shall go unpunished. Who was thereupon presently delivered to a Harris afierwards received Sentence in the tipstaff, to be carried to ibe King's-bench. court of King's bench, to pay 5001. * Fine;
Mr. Harris earnestly beseeched his lordship stand on the pillory an hour; and find sureties that he might be sent to any other prison, and for bis good behaviour for three years; and had named Newgate three or four times, but it was it not been for Mr. Justice Pemberton, the not granted him : Thereupon he said, I hope Chief Justice would have added, that he should God will give me patience to go through it. be publicly whipt. Then my Lord Chief Justice spake to the
See the Proceedings against the Judges,infre. Jury to this effect :
* It appears by the Commons Journal of DeI am sorry you gave countenance to this cause cember 21, 1680, that the House ordered an so much, as to stir from the bar, when the evi- Address for the remission of this fine to be pre dence was so full, and when I told you plainly, sented to the king. See, too, the Journal of not only my opinion, but likewise that of all December 8, 1680.
262. The Trial of FranCIS SALTH, Bookseller, at the Guildhall of
London, for publishing a Libel : 32 CHARLES II. A.D. 1680. THE Jury being sworn, Mr. Holt opened the king against Francis Smith, bookseller ; and it Information."
sets forth, That after sir George Wakeman, Mr. Holt. May it please your lordship, here William Marshal, William Rumley, and James is an information preferred in behalf of the Corker, were indicted and tried on the 18th of
* In former editions the following indict- * hæc falsa, ficta, et scandalosa verba sequentia : ment is, by mistake, inserted as appertaining My Lords, it is a very hard thing to say, that to this Case :
we cannot trust the king; and that we have
"been already deceived so often, that we see Rex versus Smith, for a Libel.
plainly the apprehensions of discontent in 32 Car. 2, B. R.
ihe people is no argument at court ; and “ ss. Jurator'pro Domino Rege super sacram'though our prince be in himself an excellent • suum præsentant, Quod Franciscus Sinith, nu. person, thai the people have the greatesc
in librar', Deum præ oculis inclination imaginable to love, yet we must • suis non habens, sed instigatione diabolica mo- say, he is such an one, as no story affords us 'tus et seduct', et falso et inaliciose machinans, a parallel of. How plain, and how many et intendens serenissimum Dominum nostrum are the proofs of the designs to murder bim? Carolum secundum, Dei gratia Angliæ, Sco. How litle is be apprehensive of it?" . Ec in tiæ, Franciæ, et Hiberniæ Regem, fidei defen- altera parte ejusdem libelli continent' hæc
sorem et regimen suum, in udium et infamiain' falsa, ficta, et scandalosa verba sequentia : • inter subditos suos inducere et inferre, et sedi-ss. • My lords, I hear of a bargain in the llouse
tionem inter subditos dict' Dom Regis movere, "ofCommons and an address made to the king, • 24 die Decembris, anno regni dice Dom' but ibis I know, and must boldly say it, and ' Regis 32 apud in vi et armis, falso, plainly, That the nation is betrayed, if upon
seditiose, et maliciose scripsit et publicavit, et any terms we part with our money, till we scribi, imprimi, et publicari causavit quendam are sure the king is ours. Have what laws * fict', fals', sedit'. et scandalos' libel, intitulat', you will, and what conditions you will, they “ A Speech lately made by a noble Peer of the will be of no use, but waste paper before "Realm.' In quo quidem libello continent'\" Easter if the court have money to set up fo:
July, 1679, for divers high-treasons, at the ses- sort of protestants, but can impudently outface sions-house in the Old-Bailey, before sir James all sort of governors. Now, as all persons Edwards, then lord mayor of London, and the ought to abhor and detest that damnable docLord Chief Justice Scroggs, and others; trine, That men hope to be saints in another the defendant, Francis Smith, published a scan- world, because they may commit murders in dalous libel relating to the late trials, which this ; so this ought too as much to be condemnwas intitled, “ Some Observations upon the late ed by all protestants as the other, That inen “ Trial, "* &c. the words are particularly set shall endeavour to rebel, and be factivus in this fortb in the information; to which the defen-world, that so they may be reckoned good subdant pleads Not Guilty ; but if we prove it jects, the one are as far from being good saints: upon him, you of the jury are to find for the as the others from being good subjects. king; and if you find he is Not Guilty, you take this occasion to speak all this before are to say so and no more, &c.
your lordship and this court, because i Then Mr. Recorder spake to this effect.
hope the city of London will never be corrupted
by the base insinuations of some idie busy Mr. Recorder. (Sir George Jefferies). My bodies in it; men, who cannot, or will not be lord, I am of counsel against the desendant pleased, because, forsooth, every thing does not for the king, who stands informed against for a go according to their mind and fancy; and very great offence. The inforination particu• though by no means they will allow the pope to larly sets forth, That whereas some certain per- be infallible, yet every factious fellow will exsons were indicted at the sessions-house in the pect, that every one should pay him the tribute Old-Bailey, before the then lord mayor, sir of infallible, as if he were the only fit person to James Edwards, and other persons then in com- give measures government and governors. mission of Oyer and Terminer, and gaol-deli- When we come to have extraordinary cases very for that place, and particularly my and persons, extraordinary occasions ought to lord chief justice Scrogys, and alier the be taken to inflict due and just punishnients trial was over and the persons thereupon upon them. And when they shall dare to acquitted, there was a book, which is men- come to disparage great men that act by sutioned in the information, printed and published, preme autbority, nen that act by their conand it is a book that is known by the name of sciences; and because they cannot be steered Tom Ticklefoot; a very abusive thing; but by the bumours of these sort of people, persons now begin to grow wonderful witty in therefore they must be looked upon as papists, the beginning of their books, in hopes to en- or at least as bribed because they cannot snare people to read them, and to prevail upon comply with that base huniour which some sort
there is of persons
I malice finds out all the ways in the world to cause one that is intrusted in as great a place ensnare and gain upon the people, to so bad for the welfare of this nation, as any whosoever, an age are we come.
is extremely concerned in the affair of this day; But I confess, it is the second time ever I mean, the Lord Chief Justice of the King's since I had the fortune or happiness to know Bench; who being assisted with several other this city of London, that I have known such judges, as far forth as it did appear to him, vid expectations as have been upon two causes in deliver the sense of the whole court ; who, this place : the first was but two days ago, the for acting according to his couscience, and as second is at this time ; wherein is iruly a sort he ought to do, hath been libelled and reof countenance, I ain afraid, too much given proached with as base a book as ever was by persons that dare pretend to be no other written against any inagistrate whatsoever : if
such things as this shall be permitted, then • popery and arbitrary designs in the mean there will be an end of your lordship's sitting
while. On the other hand, give me leave to here, or any where else, or of any other that " tell you, my lords, the king hath no reason shall act as a magistrate ought to act, and that "10 distrust his people. No man
shall not be afraid to do his duty. Buc such home and say, that if the king comply with is the happiness of this city, in this Jury, that, I «bis people, they will do nothing for hiin, must confess, I receive so much the greater 66 but tear all up from him. We want a go- satisfaction that it comes before them ; for as I "vernment, and we want a prince that we know the men to be men of loyalty and affec
may trust even with the spending of half our tion to the government, and will be so just to " annual revenues for some time, for the pre- him, that if they do not find hiin guilty of the "servation of these nations.' In malum et matter of the information, they will acquit him : • perniciosissimutn exemplum omnium alior' in so, on the other side, tbey will not thiók them
tali casu delinquen', contra pacem dict' Don'selves to be awed by a multitude, or enslaved • Regis, coronam, et dignitat' suas. Unde idem by private insinuations, to debauch their con• Attornat' petit advisament cur' in præmissis, sciences, either in respect to God above, or to et debit' legis processum.'
the king his vicegerent bere on earth ; thereI have not been able to ascertain whose fore observe your duty to both, that you may speech this professed to be.
render to Cæsar the things that be Cæsar's, as See these Observations, ante, p. 687. well as to God the things that are God's.