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Now as the king is God's vicegerent, so is
Mr. Williams. Sir, if you will give me leave, every magistrate the king's vicegerent, in that you shall hear what we will admit. particular.
Recorder. Come, come, Sir, if you do not adI would not take up so much of your lord- mit the Record, we will have none of your antiship’s time, but that I see this is a matter of cipations. great expectatiən ; and I know that every Mr. Williams. What call you your Speech word is taken in short hand, to be commented but anticipation? My lord, the poor man, my upon as persons humours shall steer then. I client, is a languishing, sick and dying man, do think, as being the Mouth of the City of and one that is almost ruined; if any submisLondon, it is my duty to speak thus much, that sion will serve the turn, he will give all the subI hope, nay, I may dare confidently affirm, that mission that is fit for a man to give: All that the generality of the city of London, all we say is this, that he did not order this to be good men, and men of abilities, &c. are for printed, as it is laid in the information. But I the king, and the government as it is now esta- ihink we may admitblished by law. (At which there was a ge- Mr. Fettiplace said (who was counsel on the neral hem through the court.]
same side,) he had no such order given him by Having said thus much against this person, his client, as to admit the record. Mr. Francis Smith, I must say, That if the way Then they were just going on to swear the of common report were evidence enough to witnesses, hut Mr. Just. Jones said, It would convict a man, he would be convicted with be very well if they would admit, &c. and the out any more ado : but such is the hap- Defendant come to submission. piness of our laws, that they expect testimony besides common fame.c I would ra
Recorder. Ay, that is your best way; for it ther a great deal it might be a caution to Mr. would be a great means to testify, that your Smith, if there had not been many before, and submission is really intended as a submission : that he could not be convicted, and the evi- But if it be to prepare us to think that you are dence not plain in proof against him.
innocent, then we will not have your submisWell, he printed this book in the name of sion. And I am for a sinner's repentance with another person, one Mrs. Brewster: He sold all my heart. several of them in quires to several people;
Just. Jones. If your client be willing to suband Brewster questioning wherefore he should mit, let the king have a verdict in law, and put her name to this book : Truly, he said, be then he will find my Lord Chief Justice Scroggs intended no harm to ber, for he was resolved full of pity and compassion; and if I can see to save her barmless ; and this we will prove to
any signs of repentance, I will promise you to you; and likewise that several books have been intercede to my lord for hiin. taken in his shop ; and he justifying himself in
Mr. Williams. One that came from my client what he had done, and his further resolution to told me, that if he bad offended, he would subexpose there still to sale. And if we shall mit to any thing: And now here is bis wile prove this to you, there will be an end of all sort of justice, if in case that you, who are the
Just. Jones. I would save bin if I can, if lie only means of bringing men to jastice, will not will throw himself into mercy. Well, what do contribute to have justice exécuted where it you say, mistress, for your husband? ought to be: None can be legally punished,
Mrs. Smith. My lord, my husband is very unless they be legally convicted, and I doubt sick and weak, and is not able to come him. not your honesty and loyalty, but that you will self, or else he would have done it; but I asked do your part by conviction, and by justice too.
Mr. Williams if it were not best to submit to Against all libellers, I am sure, there is law
the Court. enough, and every honest man will endeavour Just. Jones. Are you content to own it shall to have it put in execution against them, as far be so? forth as it lies in his way: I hope the generality
Mrs. Smith. I leave it to the gentlemen, my of those that are here, do come to shew an ab- counsel; I shall acquiesce in what they think horrency against this person informed against,
fitting. and not to give any countenance to such base
Mr. Williams. Then I presume to admit the actions.
Record. Mr. Williams. (Counsel for the Defendant.)
Just. Jones. Then you are, to find for the My lord, the libel is sufficiently infamous, we
king: (Speaking to the Jury.] It is the cause must needs own; and I do not come to justify of the king, altliough only my Lord Chief Jus. the thing, neitber Mr. Smith my client, nor any
lice be concerned.
It is a high scandal; a body else that should be guilty of it: The ques
great scandal against a great officer and magistion is, Whether he be guilty of, &c. as it is
trate of the king. I will say nothing more to laid in the information ?
aggravate the offence at this time, because I Recorder. Sir, do you admit the Record ?
would invite repentance in all persous that bave Just. Jones. If you do not admit it, you must
offended in this or the like cases, call in your witnesses, and prove what you can. Then the Jury being asked, Whether they
Whereupon Robert Stevens, Anne Brewster, were agreed on their verdict, 'said, Yes; and and Margaret Clark were called into Court, choosing their foreman to speak for them, he and stood up behind the Jury.
gave the verdict, Guilty.
Just. Jones. Well, mistress, you have done , we enjoy or hope for, as is sufficiently manifest very well; if, now, you for your husband came to all men, except those that are professed or here to make a public 'acknowledgment of his secret enemies to their country, who have so guiltiness, hereafter he shall go, and ingenuously industriously sought your lordship's destrucmake submission to my lord; I know be is a tion; whom God of his great mercy to yourperson of that pity and compassion, that he self, and the whole Protestant people of Engloves no man's ruin, but delights rather in the land, preserve for a further blessing; so prays universal welfare of all people: And I promise he, who is in the deepest sense of your manithis, that I will be an intercessor to my lord in fold favours, nay lord, your most thankful, and your husband's behalf.
“ FRANCIS Smith." Recorder. And as far forth as I can contribute to it, I will do the same.
To my ever to be esteemed, and just friends, He afterwards submitted to a small Fine. Mr. William Yearth, Mr. Richard HomSee the Proceedings against the Judges, infra. phreys, Mr. Samuel Lamott, Mr. Elias
Best, Mr. Henry Stephens, Mr. Thomas
Beare, Mr. Nicholas Godwin, Mr. Wm, The following curious particulars of Smith's
Meakins, Mr. Isaac Jackson, Mr. Henry character and history, and of this and other
Rogers, Mr. Francis Sowersby, Mr. John proceedings against him, are taken from a
Barker, Mr. John Lloyd, Mr. William pamphlet, entiiled,
Hussey, and Mr. Wm. Brown, late Grand “ An Account of the injurious Proceedings of Jurors for the great City of London. Sir George Jeffreys, knt. late Recorder of
“ Worthy Citizens; When I call to mind London, against FRANCIS SMITH, Book the many grievous oppressions that have beseller, with his arbitrary Carriage towards fallen me, by malicious informations, and unthe Grand Jury, at Guildhall, Sept. 16, just proceedings, whereof I present you here a 1680; upon an Indictment then exhibited 'Short Narrative; and withal, how I have seen against the said Prancis Smith, for pub- other men and their families, in a prosperous lishing a pretended Libel, entitled i An
way of living, ruined, and brought to poverty, • Act of Common Council for Retrenching by either the inconsiderateness or cowardice
the Expences of the Lord Mayor and of Jurers, who have hearkened more to the * Sheriffs of the City of London,' &c. To- dictates of the Bench, than to the reason and gether with an Abstract of very many nature of the case before them. I cannot but former Losses, and public Sufferings sus- exceedingly admire the good providence of the tained by him botti in his Person and Almighty towards ine, in calling you to the Estate. Humbly submitted to the Con- office of Grand Inquest for the city of London, sideration of all true Englishmen. London: at that time when the Indictment, bereto Printed for Francis Smith, at the Elephant annexed, was preferred against me; you, I and Castle, in Cornhill, near the Royal say, whom neither subtile suggestions, wheedExchange."
ling speeches, nor loud and often-repeated reTo the Right Honourable, and my very good proaches and threats could work upon, to draw
Lord, Anthooy Ashley Cooper, Earl of you aside from the true judgment of your own Shaftsbury, &c.
consciences. For no man can reasonably in"My Lord; As unthankfulness is deservedly pute your verdict and constancy to any other reckoned both by Christians and Heathens a
cause : I am sure I had no previous acquaintsin of the deepest die, so nothing gives a greater might in the least bias your affections towards
ance, or interest in any one of you, which lustre to noble personages than those acts of
And the Indictment was drawn with so grace and goodness which they extend to their inferiors needing their help and succour.--And
much slight and cunning, that if your wisdom I having in many cases experienced your lord- and integrity had not prevented, in not finding
the Bill, I could not but expect that any inship’s kindness towards me and my family; I cannot, without incurring the guilt of the have been delivered up to the fierce ambition
ferior jory would find me guilty, and I should former, but make my thankful acknowledge of a male-content judge: so that I do, indeed, ments to your honour as any occasion offers itself; and therefore could not omit this duty of me and my family froin bondage and mi
owe to you, next under God, the preservation at this time, when I am making public an abstract of my sufferings; in many of which I sery: for which I and mine, shall be ever have been much helped ibrough your lordship's obliged to praise God; and so praying for all goodness, as may appear in this short Narra- your prosperities, I heartily subscribe myself,
ihankful Servant, tive.And my good lord, I am under also deep
(6 FRANCIS SMITA." obligations to your bonour, not only upon my private and single account, but as I am a poor | The Case of Francis SMITH, Brokseller, &c. Protestant member of this languishing nation; being, with all Englishmen that are truly such, In August, 1680, a small book was pubdeeply obliged to your lordship's wisdom, cou- lished, entitled, “ An Act of Common-Council,” rage and sedulity, for all the public benefits formerly made, and not since repealed, for re
trenching the expences of the lord mayor, and , intituled, “ An act of Common-Council of the sheriffs ; with Ten Reasons, for patting the said city of London, (made in the first and second Act in present execution; for which publica- years of the reign of Philip and Mary,) for retion, I was bound over to the sessions of peace trenching of the expences of the Lord Mayor and held at Guild-ball, London,on the eighth day of sheriffs, &c. Published with additional reasons September following; where one of the said for putting the said act in present execution, books, (with this annexed bill of indictment,) and now offered to the consideration of all good was presented to the grand jury, held for the citizens, by some well wishers of the present city of London.
and future prosperity of the said city. Presented « London, ss. Memorandum, that at a geo to my lord mayor, aldermen and sheriffs.” In neral quarter sessions of the peace, of our lord which book by the said Francis Smith, then so the king, beld for the city of London, at the as aforesaid ; he published, printed, and caused Guild-hall of the saine city, and within the to be printed; the same Francis Smith, then same city, on Wednesday, viz. the 8th day of and there, viz. the day and year before menSeptember, in the 32d year of the reign tioned, at the parish and ward aforesaid, misof our lord Charles the second, by the grace chievously, unlawfully, wickedly, maliciously, of God of England, Scotland, France and scandalously and seditiously printed, made Ireland, king, defender of the faith, &c. Before known openly, and published, inischievously, Robert Clayton, knt. lord mayor of the city of malicious, scandalous, and seditious sentences, London, sir Thornas Allen, knt. and bart. sir in these English words following, viz. George Waterman, knt. alderman of the city “ Reader; As by the act you may observe, aforesaid; and others their associates, justices that our predecessors taking notice, that the exof our said lord the king, for the keeping of the travagancies of mayors and sheriffs, caused (as peace of the city aforesaid; also for the per- they say,) almost all good citizens to fly, and petrating, hearing and determinating divers fe- refuse the service; so to prevent that mischief lonies, transgressions, and other trespasses in the future, they limited them in their living within the said city done. A certain bill of in to the method directed by this act. And if dictment, against oue Francis Smith, late of when little was speot besides the growth of our London, bookseller; then and there exhibited, own country, beer and ale being then their drink, to William Yearth, Richard Humphreys, Sa- they thought it their wisdom to set bounds to muel Lamott, Elias Best, Henry Stephens, luxurious profuseness, there is much more reason Thoinas Stephenson, Thomas Fox, John Beare, for it now, when debauchery is come to that Nicholas Godwin,' William Meakings, Isaac height, that the fifth part of the charge of a Jackson, Henry Rogers, Francis Sowersby, John shrievalty is in wine, the growth of another Barker; John Lloyd, William Hussey, and Wild country. And when feasts, hardly heard of in liam Browne, Jurors, then and there appear former times, are risen to that excess, as would ing, impannelled and sworn, to enquire for our be scandalous to mention, as those called the said lord the king, and the body of the city Chequer and Spittle feasts; the first costing in aforesaid ; by which returned jury, was thus wine betwixt 70 and 801, and the latter, after endorsed (Ignoramus,) which said bill followeth the pretended service of God in hearing a ser, in these words, viz.
inon, costs above 3001. to each sheriff. And London, ss. The Jurors for our lord the king though much after this rate is the rest of the upon their oaths, present, that Francis Smith, year spent; yet when the example of this act late of London, bookseller, being a man seditious is urged for laying aside these sjúful feasts, and and pernicious, plotting and intending the peace reducing the rest unto this pattern, which is a and conimon tranquillity of this kingdom, to wholsome law; some, who should see to the disturb, and discord, diferences, and ill will, putting it in execution, will not hear of it; and amongst the citizens, and inhabitants of the city possibly, because they would have others be as of London, to stir up, provoke, and procure; profuse as themselves have been, though there also the mayor, aldermen and sheriffs of the are these reasons for reformation herein.". city of London, now in being, and the mayor, And these mischievous, malicious, and sedialdermen, and sheriffs of the city of London, for tious sentences, in these English words followthe time past, in great odium,coutempt, and base ing, viz. account to bring; the same Francis Smith the “ Because nothing can tend more to the ad17th day of August, in the reign of our sove- yancement of any city or country, than the reign lord, Charles the Second, by the grace of having wise and good' magistrates; and that God, of England, Scotland, France, and Ireland, so long as the great expence of shrievalties conking, defender of the faith, &c. the 32nd, at tinue, the city must, (as this act suggests,) have London, viz. in the parish of St. Michael Corn- an eye to wealth, more than parts or virtue, in bill in the ward of Cornhill, London, aforesaid, the choice of their sheriffs; and that such as with force and arms, &c. unlawfully, wickedly, their sheriffs are, such will the court of aidermen maliciously, scandalously, and seditiously, be: and therefore as necessary for the good goprinted, and caused to be printed, a certain ma- vernment of this great city, the charge of shrielicious, scandalous, and seditious book, of and valties ought to be reduced to such an order concerning the expences of the lord mayors and method, as inay be an encouragement to aldermen and sherifts of the city aforesaid, in men of more honesty than riches to serve the their houses, in the time of their several offices; place."
(942 And these mischievous, malicious, scandalous, 'cording to your best skill and knowledge, so and seditious sentencee, in these English words help you God.' following, viz.
“No man hath reason to be expensive in his The grand jury having taken this sacred oath slarievalty; because ibough the court of alder- judged themselves under a religious obligation, men hath a rule for supplying, (as any die,) their well to deliberate both upon the book and the vacant places out of those that have served she indictment; and finding the book (to the best riffs, yet they make their election to depend of their skill and knowledge,) of no other tenupon the uncertain humour of their court, dency, but to encourage such as were virtuous thereby frustrating (when they please) all com- to take upon them the government of the city pensation for the expence and drudgery of a of London, with such good husbandry, and shrievalty, as late appeared in their choice of sober methods, as might neither dishonour God, sir Simon Lewis, one of their present sheriffs, by excess in feastings, nor yet ruin their own rejecting sir Thomas Scamp, who had served the families. place several years before with good appro- And finding a bill of indictment brought bation, and was presented to them by the ward against me at the same time, for publishing the he lives in as adeserving person. And whereas said book; charging it with the odious names, each ward, when they want an alderman, do of a malicious, scandalous, and seditious book, present two commoners to the court, for them and myself as printer and publisher, with the to chuse one; the ward of Bassishaw, to the like monstrous titles, of being a map pernicious, end that sir Thomas might unavoidably be seditious, plotiing and intending the peace and chosen, joined the younger, (and not the elder) cominon tranquillity of this kingdom, to disturb, sheriff
' with him, not thinking that an old sheriff aud with force and arms, unlawfully, wickedly, would be baulked, to chuse one that had not maliciously, and seditiously, to print and pubserred bis year; and yet notwithstanding, the lish the said book. court by their prerogative passed by sir Thomas Did all with one unanimous voice to the disappointing of the ward that sent him. they could not in their conscience bring it in And this example, is, (I suppose) a good reason any otherwise than Ignorainus, and so threw it for sheriffs in the future not to spend more in out. their sbrievalties than is necessary, when their This sessions of peace being that day adreward is so uncertain."
journed, till the 16th day of the same month. And these mischievous, malicious, scandalous, The jury then had the bill brought them in and seditious sentences, in these English words again, with their Ignoramus scraped out, as the following, viz.
jury since have declared; upon which they exa“ Debauchery in this expence is a sin before mined the officer (wbo was witness to the bill,) God, and were it known, would be a scandal in whether he would swear that he believed in his the sight of man; as appears, in that of 3,000l. conscience Mr. Smith did print and publish this expence in all manner of ways, above 500l. book, maliciously, and seditiously, with an inis in wine ; when a lord, or gentleman that for- tent to disturb the peace of our lord the king in merly lived at the rate of 10 or 12,000l. per this city, to which the officer replied, • lle durst annuin, did not, as is well known (but thirty' not swear that for his life'; upon this they years ago) spend 100l. in wine."
unanimously agreed to write Ignoramus again To the great scandal and contempt of our upon the bill, and so returned it. said lord the king, to the great reproach and Upon which sir George Jefferies, then rescandal of the authority of the mayor, aldermen corder, was much enraged, and gave the jury and sheriffs, of the city aforesaid; to the great many hard words, refusing to accept their verdict, disturbance of the peace of our said lord and returned them again the third time, with the the hing, to the evil example of others in said bill. But they (in their conscience, seeing the like case offending, and against the peace no reason to alter their serdict, returned the of the said lord the king, his crown and dignity, bill again, Ignoramus. &c.
(Ignoramus.) WAGSTAFFE. Upon which sir George Jefferies vilified and The Grand Jury having taken this Sacred Oath, reproached the grand jury very shamefully in
the open court; upbraiding them with calling hereunto annexed, in these words :
the witness to repeat the evidence over again, · You shall diligently inquire, and true pre- and then commanded a clear bar, saying, God sentment make of all such things and matters, bless me from such jurymen, I will see the face ' as shall be given you in charge, or shall come of every one of them, and let others see them to your knowledge, concerning this present also; further adding, I will hear them repeat service ; The king's council, your fellows, and every man of them, their own sense of this bill, your uwn, you shall well and truly keep se-- thus exposing them to all possible contempt
. cret; you shall present nothing for malice, or The Bar being thus cleared, and the grand evil will that you bear to any person; neither jury of substantial citizens thus exposed, as it sball you leave any thing unpresented, for fa. they had been a pack of men, void of honesty 'vour nor affection, reward, or any bopes there and conscience. of; but in things that shall concern this pre- Then the clerk of the peace according to sir sent service, you shall present the truth, the George Jefferies command, calls every man ho whole truth, and nothing but the truth, ac- name, and asked them whether Francis Sinith
was Guilty of the bill brought before them clerk replied it was very large and would cost against him, or Not Guilty ? upon which every me eight-pence per sheet; but if I would have man, one by one, being seventeen in number, it, it should be copied out in two days time; returned Ignoramus.
when accordingly I came, his answer was, that Upon this sir George Jefferies in a most ar- sir George Jefferies the recorder had forbidden bitrary manner, told the Jury they were upon him to let me have a copy, and he durst not their oaths, and had gone contrary, which was without sir George's order; and therefore ad. their sin of perjury, blasphemously saying, It vised me to go to sir George himself, and tell was impossible for God from heaven to pardon him that I had come to the clerk for a copy. their perjury.
and be durst not grant it without his order ; But the jury persisted in their verdict, and having been forbid by bim, after the said clerk gave no reflection.
had promised me. Sir George being thus enraged, that he could Then I repaired to sir George day after day, not bend the jury from their just and honest at least ten times ; and several of those times verdict, calls out in the court for Mr. Smith, two neighbours with me; understanding it was the person indicted, to come in; upon which by law my right to demand it, paying their immediately I appeared to know sir George his price. One day I waited from ten till two pleasure ; who replies, Mr. Smith, you have the o'clock, before I could have any answer from countenance of an ingenious person, here are him, and then his clerk brought me word, for two persons that this Jury bave brought in Igo he would not speak with me himself
, that his noranus, besides yourself, and yet they are so master was indisposed, and would speak with ingenious as to confess the indictment against nobody of business that day. The next day I thenı ; and for their ingenuity they shall find requested a neighbour to go on my behalf, the the grace and favour of this court, and I cannot sessions approaching, and I ignorant of the think to fine them little enough, they shall be charge against me, to whom sir George returnfined but twopence a piece for their ingenuity ed answer by his clerk, it was none of his busiin confessivg.
ness, and I must take the course the law diWell, come Mr. Smith, follow their exam- rected, for a copy. Then I went to counsel, ples; you see what they have done before your and was informed that no subject ought to be face; and let me tell you, we know who hath denied a copy of bis indictment, paying for it. owned both printing and publishing this book Upon this I took my next opportunity
at the formerly; and therefore now, shew yourself as sessions held for Newgate in the Old Bailey, you seem to be, an ingenious person, and and there made my appeal to the Lord Chief confess, and try the grace and favour of this Justice Scroggs, in the hearing of sir George court, and shame the jury that hath brought in Jefferies ; complaining what hard measure I a verdiet contrary to plain evidence.
had received from him. Having waited above To this I replied ; Sir, my ingenuity hath suf- 20 times upon him and the clerk of the peace, ficiently experienced the reward of your seve- in fruitless journies, for I could not obtain a rity already formerly; and besides, I know no copy of my indictment, having been thrice in. law commands me to accuse myself, neither dicted, and as often acquitted. sball I; and the jury have done like true The Judge told me in open Court, it was acEnglishmen, and worthy citizens; and blessed cording to law, that I and every subject ought be God for such a just jury.
to have a copy of their indictment, though · At my reply, sir George was greatly enraged, brought in Ignoramus; and the reason of and although I had been three times quitted the law was, that they might for wrong done by the jury, yet he committed me again to the them, seek their remedy. Sir George replied, keepers of Newgate, saying, provide presently His private house was not a court, and therevery good security, for I will assure you, I will • fore he was not to meddle with ordering any have special security for you, and till then you such thing there,' (but here it is to be noted, shall siand committed: take him into custody: his private house was a place fit to forbid me I was three hours thus detained in the custody a copy, which is contrary to law, but not a fit of one or more of their keepers, and finding no place to do the right he is sworn to between remedy or relentings from him, was forced to king and subjects according to law ;) haviog at give bail by two responsible citizens upon their last by the judge's order, obtained a copy no oaths, as to their ability; and then bound us less than 17 sheets, charging me to be a man three in a great sum for my appearance at the seditious and pernicious, plotting, and intend. next ensuing sessions of peace; and not con- ing the peace and common tranquillity of this tent with that, he did hind me to my good be kingdom of England to disturb, and with force haviour also.
and arms, unlawfully, wickedly, maliciously, Meeting with such severity from sir George scandalously and seditiously, to print and pubJefferies, I thought it high time to be better pre- lish the Aci aforesaid. pared against the next sessions following; and And all my crime, if any, is but re-printing therefore applied myself to the clerk of the an “ Act of Common Council for retrenching peace, desiring a copy of the bill against me, the Expences of Mayors and Sheriffs, with the that I might advise with some counsel learned Addition of Ten Reasons, why it should be put upon it, (heing now well satisfied sir George in present Execution;" For the encouragement was resolved, if possible, to ruin me.) The of virtuous men, to take upon them the govern