261. The Trial of BENJAMIN HARRIS, Bookseller, at Guildhall, for causing to be printed, and sold, a Libel, entitled, "An Appeal 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.

Recorder. My lord, he was so mighty zealous of this book, of so great importance, no doubt, to his party, that for fear he should be disappointed in time, he gave somewhat to hasten it. Recorder. Call the printer's man, and swear him. [Who stood up, and was sworn.] Recorder. What did Mr. Harris give you, ba? Printer's Man. He laid me down six-pence. L. C. J. And what, that was for hastening the book, was it not?

After her, Mr. Benjamin Tooke, at the Ship book is as base a piece as ever was contrived in t 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 "gion." But if any of you have seen it, I same. hope you will be so far from giving any coun-' tenance to it, as that you will, with me, think, it is so far from tending well to the government, that it is only designed to rake up all sedition and rebellion, and the very worst of all rebellion. I must confess, I would rather have believed that it was only the sake of lucre made him do what he did, for that would have somewhat extenuated his crime, if he had not read it first; but then to go and have it printed, and exposed to sale, &c. this is a great aggravation. If the same sort of insinuation had been used towards any private tradesman, as hath been offered to the king and magistrates, I believe there is no man but would say, that ere this time he might have hid his head.-But dissemblances of pretences for the sake of the Protestant religion now-a-days in his shop will pass well enough, and persons can tell you there how far you may go from hence to Rome with safety; and after they have blackened their mouths with tobacco and smoke, and do not rail against the church and the government, they are looked upon straight as no Protestants. But still as to this person, the farther to urge it, by way of aggravation upon him, he could vauntingly make his boasts, when it was put home to him, why he would venture to do such things, &c.? That he had above a thousand persons who would stand by him in whatsoever he did.

L. C. J. (Sir William Scroggs) There was hardly ever any book more pernicious to set us together by the ears than this, nor any thing a greater incendiary; one can hardly write a worse-Says he, "We in the country have done our parts in chusing, for the generality, good members to serve in parliament; but if (as our two last parliaments were) they must be dissolved, or prorogued, whenever they come to redress the grievances of the subject, we may be pitied, but not blamed. If the Plot takes effect, as in all probability it will) our parliaments are not then to be condemned, for that their not being suffered to sit occasioned it." So that here is a sly way of casting it upon the king himself. And if it be not downright treason, I am sure it is just upon the heels of it. It is a most abominable piece.

Then were called the Witnesses, to prove that the books were sold in his shop; and after they were all sworn, first of all Mrs. Grover, a printer's wife, stood up, who confessed she had half a dozen of them, but not of him; for he was either gone out, or not in the way, but she had them of his man,

Then stood up one Mary Darby, and she' said, she had four of them.

Printer's Man. I cannot tell, Sir, not I, but he gave me six-pence.

Recorder. And what did you do it in the daytime, was you not at it in the night? Printer's Man. Yes, I was upon it in the night.

Recorder. Ay, it was a deed of darkness, and so fit for night-work.

Serj. Strode. My lord, if it can be made out to your lordship and this jury, that he designed maliciously to scandalize the king and the government by it, we must acquiesce; but that, my lord, he absolutely denies; but seeing it running up and down the town, he gets some of them, and suffers them to lie up and down in his shop, and this only as a common thing to get money, so that we suppose it may not lie within the information, because it does not intentionally scandalize the king and the go

vernment.

Mr. Williams. He in his trade sold this book, and that we admit; but, my lord, it is a material part of the information, that it was done with a malicious design, &c. and we do not take it so; but for the other matter we submit to it.

L. C.J. Then you do admit, that he did sell some of these books. Mr. Williams. We do, my lord, that he did sell one.

Mr. Ollibear. My lord, this book was pub licly sold in other booksellers shops before we had it, and so we thought in a way of trade, we might do the like; but as soon as ever we heard there was any thing ill in the book, we suppressed the selling of it.

Serj. Strode. They say, my lord, the printer had six-pence given him by Mr. Harris. Friend, does not he come, and give you some money at other times? Have you never had any of him

before?

Printer's Man. No, sir. I never printed any thing for him before.

Serj. Strode. Was not this printed before you

saw it?

Printer. Not to my knowledge.

Serj. Strode. Pray ask the first witness. Was not this in print before you saw it in his shop?

Grover. Yes, my lord.

Mr. Williams. My lord, he is a man of other principles, than to do such things.

L. C. J. There is scarce any but Smith, that is so factious a seller of books as Harris: all your domestic intelligences are so; for which, you know, you have forfeited your recognizance almost in every book.

A Neighbour was called by Mr. Williams, to give an account of Mr. Harris.

Neighbour. My lord, I have known him about a twelve-month; and I have always looked upon him to be a fair-conditioned, quiet, peaceable man: he is, and has been so reputed among his neighbours. And I have never seen any thing from him, but what was very quiet and peaceable.

Recorder. A bookseller that causes a factious book to be printed, or reprinted, if it was printed before, is a factious fellow.

L. C. J. You say right.

Mr. Goodhall (another neighbour of Mr. Harris's) said, upon his being asked, if he were acquainted with him? And, if he were wont to oppose, or to scandalize the king or government? That he never heard such a like thing

of him.

Recorder. I presume that none of these do stand by him in any such thing: but he, being advertised of it, and being asked, why he would offer to expose to sale such a book as this? He answered and said, that he had a thousand persons that would stand by him. Call Robert Stevens.

L. C. J. What can you say

?

R. Stevens. My lord, I have seen this book several times in his shop, and others too. And I have asked him, why he would so publicly vend them? (I did not indeed buy one of them myself, but I caused a man to buy one for me) and he said, He had several thousands to stand by him: and he is accounted an anabaptist. He said so before the master and wardens of the company; who questioned him, why he sold such scandalous things? And he said he had several thousands to stand by him. Then spake the Lord Chief Justice to this

purpose:

ters (as there are few others) of false news, they are indictable and punishable upon that

account.

So that your hopes of any thing of that kind will be vain; for all the judges have declared this offence, at the common-law, to be punishable in the seller, though in the way of his trade: the books may be seized, and the person punished.

As for this book, in particular; you can
hardly read a more base, and pernicious book,
to put us all into a flame: It gives you such in-
citements, and such base encouragements,
with such reflections upon all sorts of persons,
(for I have read it upon this account) that I
think, there can scarce be a worse made. He
would set up another man, that has no title to
the crown: "For (says he) the greatest danger
accruing to your persons, as well as to the
whole kingdom, upon the king's untimely death,
will proceed from a confusion, and want of
some eminent and interested
person, whom you
may trust to lead you up against a French and
popish army; For which purpose, no person is
fitter than his grace the duke of Monmouth;
as well for quality, courage, and conduct, as
for that his life and fortune depends upon the
same bottom with yours. He will stand by you;
and therefore, you ought to stand by him. And
remember the old rule is, he who hath the worst
title, ever makes the best king; as being con-
strained by a gracious government, to supply
what he wants in title: That instead of God
and my right; his motto may be, God and my
people." He says," such a one would make a bet-
ter king; for, as you see, the worse the title,
the better the king. A king with a bad title,
makes a better king, that he that hath a good
one; for he shall be obliged to comply with,
and will humour the people,for want of a title."
A thing, which is the basest nature that can be:
And yet this man must give money to hasten
the printing of such a book; and he had seve-
ral quires of them in his shop. Except the writer
of it, there cannot be a worse man in the
world; who, for trivial profit, will neglect the
peace and quiet of his country, and set us all
together by the ears for a groat. And, Mr. Har-

ris,
if you expect any thing in this world, of
this kind of favour, you must find out the au-
thor; for he must be a rebellious, and villain-
ous traitor: For, though he seems to inveigh
against popery, it is only to be a rebel. And
certainly, he has rejected all the laws of God,
and all obedience that man requires; and pro-
phaned all holy-writ. He is somebody, whose
fortune does not suits with his condition; and
who, because he is not at ease and quiet him-
self, will let nobody else be so neither. [Speak-
ing to the Jury, who presently withdrew.] You
have nothing more to do, but to give your ver-
dict: If there be any thing in law, let me
know it because you go out.

Because my brother shall be satisfied with the opinion of all the judges of England, what this offence is, which they would insinuate, as if the mere selling of such a book was no offence: it is not long since, that all the judges met, by the king's command; as they did some time before too: and they both times declared unanimously, that all persons that do write, or print, or sell any pamphlet, that is either scandalous to public, or private persons; such books may be seized, and the person punished by law that all books, which are scandalous to the government may be seized; and all persons so exposing them, may be punished. And further, that all writers of news, though not scandalous, seditious, nor reflective upon the government or the state; yet if they are wri-negative.

:

VOL. VII.

Then one of the Jury asked my lord, if they might not have the book with them, which was there in the court, and it was answered in the

30

Before the Jury went out, Mr. Harris would fain have spoke to them for himself, but it was not permitted him.

Then, after a little while tarrying, they returned to the bar. And being, as is usual, asked if they were agreed on their verdict, and who should speak for them; they answered, Yes; and appointed their foreman, who said he was Guilty of selling the book. At which there was a very great and clamorous shout.

Lord Chief Justice said, that was not their business, they were only to determine whether barely Guilty, or not Guilty.

The Recorder would have had them given tleir verdict by the poll, but they all unanimously cried out, they were all agreed, and then the foreman gave the verdict again, Guilty. Mr. Recorder then prayed, he being for the king, that Mr. Harris might stand committed; Who was thereupon presently delivered to a tipstaff, to be carried to the King's-bench.

Mr. Harris earnestly beseeched his lordship that he might be sent to any other prison, and named Newgate three or four times, but it was not granted him: Thereupon he said, I hope God will give me patience to go through it.

Then my Lord Chief Justice spake to the Jury to this effect:

I am sorry you gave countenance to this cause so much, as to stir from the bar, when the evidence was so full, and when I told you plainly, not only my opinion, but likewise that of ali

the judges of England, that selling this book was an offence at the common law, for which they ought to be punished; And yet with your scruples, you give the party (with their halloos, and shoutings) to take advantage; though you did mean upon the matter the same thing then, you do now, yet you see, upon every little occasion, when a thing shall seem to thwart the government, how ready they are to send up their loud ballooings. It was not so prudently done as might have been done. We had need look about us, for if at such a time, and for such a base book, such clamorous noises shall be made, what shall become of us? Our | lives and fortunes are at stake. Would I knew some of those shouters, I would make them know, I would punish them: I am incensed in the behalf of the government, and of all our lives and fortunes that such shall go unpunished.

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Harris afterwards received Sentence in the court of King's bench, to pay 500%. * Fine; stand on the pillory an hour; and find sureties for his good behaviour for three years; and had it not been for Mr. Justice Pemberton, the Chief Justice would have added, that he should be publicly whipt.

See the Proceedings against the Judges,infra.

It appears by the Commons Journal of December 21, 1680, that the House ordered an Address for the remission of this fine to be presented to the king. See, too, the Journal of December 8, 1680.

262. The Trial of FRANCIS SMITH, Bookseller, at the Guildhall of London, for publishing a Libel : 32 CHARLES II. A.D. 1680.

ss. Jurator' pro Domino Rege super sacram' suum præsentant, Quod Franciscus Smith, nuper de in librar', Deum præ oculis

king against Francis Smith, bookseller; and it sets forth, That after sir George Wakeman, William Marshal, William Rumley, and James Corker, were indicted and tried on the 18th of

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hæc falsa, ficta, et scandalosa verba sequentia: ، ، My Lords, it is a very hard thing to say, that we cannot trust the king; and that we have ،، been already deceived so often, that we see plainly the apprehensions of discontent in ،، the people is no argurnent at court; and though our prince be in himself an excellent person, that the people have the greatest inclination imaginable to love, yet we must say, he is such an one, as no story affords us a parallel of. How plain, and how many are the proofs of the designs to murder him? How little is he apprehensive of it ? Et in

'suis non habens, sed instigatione diabolica mo'tus et seduct', et falso et inaliciose machinans, 'et intendens serenissimum Dominum nostrum ، Carolum secundum, Dei gratia Anglie, Sco. 'tiæ, Francia, et Hiberniæ Regem, fidei defen-altera parte ejusdem libelli continent' hæc sorem et regimen suum, in odium et infamiam inter subditos suos inducere et inferre, et sedi⚫tionem inter subditos dict' Dom' Regis movere, 24 die Decembris, anno regni dict' Dom' 'Regis 32 apud in vi et armis, falso, 'seditiose, et maliciose scripsit et publicavit, et ، scribi, imprimi, et publicari causavit quendam fict', fals', sedit'. et scandalos' libel', intitulat', "A Speech lately made by a noble Peer of the Realm.' In quo quidem libello continent'

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falsa, ficta, et scandalosa verba sequentia : ss. My lords, I hear of a bargain in the House ، ، ofCommons,and an address made to the king, but this I know, and must boldly say it, and ، ، plainly, That the nation is betrayed, if upon any terms we part with our money, till we ، are sure the king is ours. Have what laws you will, and what conditions you will, they will be of no use, but waste paper before Easter if the court have money to set up for