Now as the king is God's vicegerent, so is every magistrate the king's vicegerent, in that particular. Mr. Williams. Sir, if you will give me leave, you shall hear what we will admit. Recorder. Come, come, Sir, if you do not admit the Record, we will have none of your anticipations. I would not take up so much of your lordship's time, but that I see this is a matter of great expectation; 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 them. 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- think we may admitblished by law. [At which there was a general hem through the court.] Having said thus much against this person, Mr. Francis Smith, I must say, That if the way of common report were evidence enough to convict a man, he would be convicted without any more ado: but such is the happiness of our laws, that they expect testimony besides common fame. I would rather a great deal it might be a caution to Mr. Smith, if there had not been many before, and that he could not be convicted, and the evidence not plain in proof against him. Well, he printed this book in the name of another person, one Mrs. Brewster: He sold several of them in quires to several people; and Brewster questioning wherefore he should put her name to this book: Truly, he said, be intended no harm to her, for he was resolved to save her barmless; and this we will prove to you; and likewise that several books have been taken in his shop; and he justifying himself in what he had done, and his further resolution to expose them still to sale. And if we shall prove this to you, there will be an end of all sort of justice, if in case that you, who are the only means of bringing men to justice, will not contribute to have justice executed where it ought to be: None can be legally punished, unless they be legally convicted; and I doubt not your honesty and loyalty, but that you will do your part by conviction, and by justice too. Against all libellers, I am sure, there is law enough, and every honest man will endeavour to have it put in execution against them, as far forth as it lies in his way: I hope the generality of those that are here, do come to shew an abhorrency against this person informed against, and not to give any countenance to such base actions. Mr. Williams. (Counsel for the Defendant.) My lord, the libel is sufficiently infamous, we must needs own; and I do not come to justify the thing, neither Mr. Smith my client, nor any body else that should be guilty of it: The question is, Whether he be guilty of, &c. as it is laid in the information? Recorder. Sir, do you admit the Record? Just. Jones. If you do not admit it, you must call in your witnesses, and prove what you can. Whereupon Robert Stevens, Anne Brewster, and Margaret Clark were called into Court, and stood up behind the Jury. Mr. Fettiplace said (who was counsel on the same side,) he had no such order given him by his client, as to admit the record. Then they were just going on to swear the witnesses, but Mr. Just. Jones said, It would be very well if they would admit, &c. and the Defendant come to submission. Recorder. Ay, that is your best way; for it would be a great means to testify, that your submission is really intended as a submission: But if it be to prepare us to think that you are innocent, then we will not have your submission. And I am for a sinner's repentance with all my heart. Just. Jones. If your client be willing to submit, let the king have a verdict in law, and then he will find my Lord Chief Justice Scroggs full of pity and compassion; and if I can see any signs of repentance, I will promise you to intercede to my lord for him. Mr. Williams. One that came from my client told me, that if he bad offend ed, he would submit to any thing: And now here is his wife Just. Jones. Then you are to find for the king: [Speaking to the Jury.] It is the cause of the king, although only my Lord Chief Jus tice be concerned. It is a high scandal; a great scandal against a great officer and magistrate of the king. I will say nothing more to aggravate the offence at this time, because I would invite repentance in all persons that have offended in this or the like cases. Then the Jury being asked, Whether they were agreed on their verdict, said, Yes; and choosing their foreman to speak for them, he gave the verdict, Guilty. Just. Jones. Well, mistress, you have done very well; if, now, you for your husband came here to make a public acknowledgment of his guiltiness, hereafter he shall go, and ingenuously make submission to my lord; I know he is a person of that pity and compassion, that he loves no man's ruin, but delights rather in the universal welfare of all people: And I promise this, that I will be an intercessor to my lord in your husband's behalf. Recorder. And as far forth as I can contribute to it, I will do the same. He afterwards submitted to a small Fine. See the Proceedings against the Judges, infra. The following curious particulars of Smith's character and history, and of this and other proceedings against him, are taken from a pamphlet, entitled, "An Account of the injurious Proceedings of ་ Sir George Jeffreys, knt. late Recorder of To the Right Honourable, and my very good we enjoy or hope for, as is sufficiently manifest To my ever to be esteemed, and just friends, exceedingly admire the good providence of the "My Lord; As unthankfulness is deservedly reckoned both by Christians and Heathens a sin of the deepest die, so nothing gives a greater lustre to noble personages than those acts of grace and goodness which they extend to their inferiors needing their help and succour.-And I having in many cases experienced your lordship's kindness towards me and my family; I cannot, without incurring the guilt of the former, but make my thankful acknowledge ments to your honour as any occasion offers itself; and therefore could not omit this duty at this time, when I am making public an abstract of my sufferings; in many of which I have been much helped through your lordship's goodness, as may appear in this short Narrative. And my good lord, I am under also deep obligations to your honour, not only upon my private and single account, but as I am a poor The CASE of FRANCIS SMITH, Bookseller, &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 "FRANCIS SMITH." trenching the expences of the lord mayor, and sheriffs; with Ten Reasons, for putting the said Act in present execution; for which publication, I was bound over to the sessions of peace held at Guild-hall, London,on the eighth day of September following; where one of the said books, (with this annexed bill of indictment,) was presented to the grand jury, held for the city of London. "London, ss. Memorandum, that at a general quarter sessions of the peace, of our lord the king, held for the city of London, at the Guild-hall of the same city, and within the same city, on Wednesday, viz. the 8th day of September, in the 32d year of the reign of our lord Charles the second, by the grace of God of England, Scotland, France and Ireland, king, defender of the faith, &c. Before Robert Clayton, knt. lord mayor of the city of London, sir Thomas Allen, knt. and bart. sir George Waterman, knt. alderman of the city aforesaid; and others their associates, justices of our said lord the king, for the keeping of the peace of the city aforesaid; also for the perpetrating, hearing and determinating divers felonies, transgressions, and other trespasses within the said city done. A certain bill of indictment, against oue Francis Smith, late of London, bookseller; then and there exhibited, to William Yearth, Richard Humphreys, Samuel Lamott, Elias Best, Henry Stephens, Thomas Stephenson, Thomas Fox, John Beare, Nicholas Godwin, William Meakings, Isaac Jackson, Henry Rogers, Francis Sowersby, John Barker; John Lloyd, William Hussey, and William Browne, Jurors, then and there appearing, impannelled and sworn, to enquire for our said lord the king, and the body of the city aforesaid; by which returned jury, was thus endorsed (Ignoramus,) which said bill followeth in these words, viz. London, ss. The Jurors for our lord the king upon their oaths, present, that Francis Smith, late of London, bookseller,being a man seditious and pernicious, plotting and intending the peace and common tranquillity of this kingdom, to disturb, and discord, differences, and ill will, amongst the citizens, and inhabitants of the city of London, to stir up, provoke, and procure; also the mayor, aldermen and sheriffs of the city of London, now in being, and the mayor, aldermen, and sheriffs of the city of London, for the time past,in great odium,contempt, and base account to bring; the same Francis Smith the 17th day of August, in the reign of our sovereign lord, Charles the Second, by the grace of God, of England, Scotland, France, and Ireland, king, defender of the faith, &c. the 32nd, at London, viz. in the parish of St. Michael Cornhill in the ward of Cornhill, London, aforesaid, with force and arms, &c. unlawfully, wickedly, maliciously, scandalously, and seditiously, printed, and caused to be printed, a certain malicious, scandalous, and seditious book, of and concerning the expences of the lord mayors aldermen and sheriffs of the city aforesaid, in their houses, in the time of their several offices; intituled, "An act of Common-Council of the city of London, (made in the first and second years of the reign of Philip and Mary,) for retrenching of the expences of the Lord Mayor and sheriffs, &c. Published with additional reasons for putting the said act in present execution, and now offered to the consideration of all good citizens, by some well wishers of the present and future prosperity of the said city. Presented to my lord mayor, aldermen and sheriffs." In which book by the said Francis Smith, then so as aforesaid; he published, printed, and caused to be printed; the same Francis Smith, then and there, viz. the day and year before mentioned, at the parish and ward aforesaid, mis chievously, unlawfully, wickedly, maliciously, scandalously and seditiously printed, made known openly, and published, mischievously, malicious, scandalous, and seditious sentences, in these English words following, viz. "Reader; As by the act you may observe, that our predecessors taking notice, that the extravagancies of mayors and sheriffs, caused (as they say,) almost all good citizens to fly, and refuse the service; so to prevent that mischief in the future, they limited them in their living to the method directed by this act. And if when little was spent besides the growth of our own country,beer and ale being then their drink, they thought it their wisdom to set bounds to luxurious profuseness, there is much more reason for it now, when debauchery is come to that height, that the fifth part of the charge of a shrievalty is in wine, the growth of another country. And when feasts, bardly heard of in former times, are risen to that excess, as would be scandalous to mention, as those called the Chequer and Spittle feasts; the first costing in wine betwixt 70 and 804. and the latter, after the pretended service of God in hearing a ser mon, costs above 300l. to each sheriff. And though much after this rate is the rest of the year spent; yet when the example of this act is urged for laying aside these sinful feasts, and reducing the rest unto this pattern, which is a wholsome law; some, who should see to the putting it in execution, will not hear of it; and possibly, because they would have others be as profuse as themselves have been, though there are these reasons for reformation herein." And these mischievous, malicious, and seditious sentences, in these English words following, viz. "Because nothing can tend more to the advancement of any city or country, than the having wise and good magistrates; and that so long as the great expence of shrievalties continue, the city must, (as this act suggests,) have an eye to wealth, more than parts or virtue, in the choice of their sheriffs; and that such as their sheriffs are, such will the court of aldermen be: and therefore as necessary for the good government of this great city, the charge of shrievalties ought to be reduced to such an order and method, as may be an encouragement to men of more honesty than riches to serve the place." And these mischievous, malicious, scandalous, and seditious sentencer, in these English words following, viz. well to deliberate both upon the book and the indictment; and finding the book (to the best of their skill and knowledge,) of no other tendency, but to encourage such as were virtuous to take upon them the government of the city of London, with such good husbandry, and sober methods, as might neither dishonour God, by excess in feastings, nor yet ruin their own families. "No man hath reason to be expensive in his The grand jury having taken this sacred oath shrievalty; because though the court of alder-judged themselves under a religious obligation, men hath a rule for supplying, (as any die,) their vacant places out of those that have served sheriffs, yet they make their election to depend upon the uncertain humour of their court, thereby frustrating (when they please) all compensation for the expence and drudgery of a shrievalty, as late appeared in their choice of sir Simon Lewis, one of their present sheriffs, rejecting sir Thomas Stamp, who had served the place several years before with good approbation, and was presented to them by the ward he lives in as a deserving person. And whereas each ward, when they want an alderman, do present two commoners to the court, for them to chuse one; the ward of Bassishaw, to the end that sir Thomas might unavoidably be chosen, joined the younger, (and not the elder) sheriff with him, not thinking that an old sheriff would be baulked, to chuse one that had not served his year; and yet notwithstanding, the court by their prerogative passed by sir Thomas to the disappointing of the ward that sent him, And this example, is, (I suppose) a good reason for sheriffs in the future not to spend more in their shrievalties than is necessary, when their reward is so uncertain." And these mischievous, malicious, scandalous, and seditious sentences, in these English words following, viz. "Debauchery in this expence is a sin before God, and were it known, would be a scandal in the sight of man; as appears, in that of 3,000l. expence in all manner of ways, above 5007. is in wine; when a lord, or gentleman that formerly lived at the rate of 10 or 12,000l. per annum, did not, as is well known (but thirty years ago) spend 1007. in wine.” To the great scandal and contempt of our said lord the king, to the great reproach and scandal of the authority of the mayor, aldermen and sheriffs, of the city aforesaid; to the great disturbance of the peace of our said lord the king, to the evil example of others in the like case offending, and against the peace of the said lord the king, his crown and dignity, &c. (Ignoramus.) WAGSTAFFE. The Grand Jury having taken this Sacred Oath, 6 hereunto annexed, in these words: You shall diligently inquire, and true pre'sentment make of all such things and matters, ' as shall be given you in charge, or shall come to your knowledge, concerning this present 'service; The king's council, your fellows, and your own, you shall well and truly keep se· cret; you shall present nothing for malice, or ' evil will that you bear to any person; neither 'shall you leave any thing unpresented, for favour nor affection, reward, or any hopes thereof; but in things that shall concern this pre'sent service, you shall present the truth, the A whole truth, and nothing but the truth, ac And finding a bill of indictment brought against me at the same time, for publishing the said book; charging it with the odious names, of a malicious, scandalous, and seditious book, and myself as printer and publisher, with the like monstrous titles, of being a map pernicious, seditious, plotting and intending the peace and common tranquillity of this kingdom, to disturb, aud with force and arms, unlawfully, wickedly, maliciously, and seditiously, to print and publish the said book. Did all with one unanimous voice agree, that they could not in their conscience bring it in any otherwise than Ignorainus, and so threw it out. This sessions of peace being that day adjourned, till the 16th day of the same month. The jury then had the bill brought them in again, with their Ignoramus scraped out, as the jury since have declared; upon which they examined the officer (who was witness to the bill,) whether he would swear that he believed in his conscience Mr. Smith did print and publish this book, maliciously, and seditiously, with an intent to disturb the peace of our lord the king in this city, to which the officer replied, He durst not swear that for his life'; upon this they unanimously agreed to write Ignoramus again upon the bill, and so returned it. Upon which sir George Jefferies, then recorder, was much enraged, and gave the jury many hard words, refusing to accept their verdict, and returned them again the third time, with the said bill. But they (in their conscience, seeing no reason to alter their verdict, returned the bill again, Ignoramus. Upon which sir George Jefferies vilified and the open court; upbraiding them with calling reproached the grand jury very shamefully in the witness to repeat the evidence over again, and then commanded a clear bar, saying, God bless me from such jurymen, I will see the face of every one of them, and let others see them also; further adding, I will hear them repeat every man of them, their own sense of this bill, thus exposing them to all possible contempt. The Bar being thus cleared, and the grand jury of substantial citizens thus exposed, as it they had been a pack of men, void of honesty and conscience. Then the clerk of the peace according to sir George Jefferies command, calls every man by name, and asked them whether Francis Smith was Guilty of the bill brought before them against him, or Not Guilty? upon which every man, one by one, being seventeen in number, returned Ignoramus. Upon this sir George Jefferies in a most arbitrary manner, told the Jury they were upon their oaths, and had gone contrary, which was their sin of perjury, blasphemously saying, It was impossible for God from heaven to pardon their perjury. But the jury persisted in their verdict, and gave no reflection. Sir George being thus enraged, that he could not bend the jury from their just and honest verdict, calls out in the court for Mr. Smith, the person indicted, to come in; upon which immediately I appeared to know sir George his pleasure; who replies, Mr. Smith, you have the countenance of an ingenious person, here are two persons that this Jury have brought in Ig. noramus, besides yourself, and yet they are so ingenious as to confess the indictment against them; and for their ingenuity they shall find the grace and favour of this court, and I cannot think to fine them little enough, they shall be fined but twopence a piece for their ingenuity in confessing. clerk replied it was very large and would cost me eight-pence per sheet; but if I would have it, it should be copied out in two days time; when accordingly I came, his answer was, that sir George Jefferies the recorder had forbidden him to let me have a copy, and he durst not without sir George's order; and therefore advised me to go to sir George himself, and tell him that I had come to the clerk for a copy. and he durst not grant it without his order; having been forbid by him, after the said clerk had promised me. Then I repaired to sir George day after day, at least ten times; and several of those times two neighbours with me; understanding it was by law my right to demand it, paying their price. One day I waited from ten till two o'clock, before I could have any answer from him, and then his clerk brought me word, for he would not speak with me himself, that his master was indisposed, and would speak with nobody of business that day. The next day I requested a neighbour to go on my behalf, the sessions approaching, and I ignorant of the charge against me, to whom sir George returned answer by his clerk, it was none of his business, and I must take the course the law di and was informed that no subject ought to be denied a copy of his indictment, paying for it. Well, come Mr. Smith, follow their exam-rected, for a copy. Then I went to counsel, ples; you see what they have done before your face; and let me tell you, we know who hath owned both printing and publishing this book formerly; and therefore now, shew yourself as you seem to be, an ingenious person, and confess, and try the grace and favour of this court, and shame the jury that hath brought in a verdict contrary to plain evidence. To this I replied; Sir, my ingenuity hath sufficiently experienced the reward of your severity already formerly; and besides, I know no law commands me to accuse myself, neither sball I; and the jury have done like true Englishmen, and worthy citizens; and blessed be God for such a just jury. At my reply, sir George was greatly enraged, and although I had been three times quitted by the jury, yet he committed me again to the keepers of Newgate, saying, provide presently very good security, for I will assure you, I will have special security for you, and till then you shall stand committed: take him into custody: I was three hours thus detained in the custody of one or more of their keepers, and finding no remedy or relentings from him, was forced to give bail by two responsible citizens upon their oaths, as to their ability; and then bound us three in a great sum for my appearance at the next ensuing sessions of peace; and not content with that, he did bind me to my good behaviour also. Upon this I took my next opportunity at the sessions held for Newgate in the Old Bailey, and there made my appeal to the Lord Chief Justice Scroggs, in the hearing of sir George Jefferies; complaining what hard measure I had received from him. Having waited above 20 times upon him and the clerk of the peace, in fruitless journies, for I could not obtain a copy of my indictment, having been thrice indicted, and as often acquitted." The Judge told me in open Court, it was according to law, that I and every subject ought to have a copy of their indictment, though brought in Ignoramus; and the reason of the law was, that they might for wrong done them, seek their remedy. Sir George replied, His private house was not a court, and there'fore he was not to meddle with ordering any such thing there,' (but here it is to be noted, his private house was a place fit to forbid me a copy, which is contrary to law, but not a fit place to do the right he is sworn to between king and subjects according to law;) having at last by the judge's order, obtained a copy no less than 17 sheets, charging me to be a man seditious and pernicious, plotting, and intending the peace and common tranquillity of this kingdom of England to disturb, and with force and arms, unlawfully, wickedly, maliciously, scandalously and seditiously, to print and pub Meeting with such severity from sir George Jefferies, I thought it high time to be better pre-lish the Act aforesaid. pared against the next sessions following; and therefore applied myself to the clerk of the peace, desiring a copy of the bill against me, that I might advise with some counsel learned upon it, (being now well satisfied sir George was resolved, if possible, to ruin me.) The And all my crime, if any, is but re-printing an "Act of Common Council for retrenching the Expences of Mayors and Sheriffs, with the Addition of Ten Reasons, why it should be put in present Execution;" For the encouragement of virtuous men, to take upon them the govern |