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cation to the present lord of London, that a stop might be put to the total spoil, till I had a fair hearing; and by his lordship's favour, with the message he sent to the then master and wardens, they spared no pains to put a stop to further spoil, and were contributary to all possible restitution of what had been seized, spoiled and unspoiled.

Nevertheless by the first seizure, before I could recover them again, which was about six months, attendance and charges cost me above 501. besides the loss of my market, by their prodigious and wicked act of printing an impression of the same books, while mine were under restraint, to my damage above 100l.

The re-seizure of the same books three years after, and as many other sorts as together loaded a cart, at which five porters were employed by the said Mr. Mearn and competitors, with the spoil they made by damasking, and cost to recover, damnified me above 60l.

In the whole, the first and last charge and damage above 2107. upon moderate computation; besides many weeks time lost from my shop and trade, to my prejudice in probability equal to the rest.

a summons came for a trial at a time when I was under an extreme sickness of a high fever and every-day-ague, being brought so low, that I was not able to go cross a room without help, of which the physicians certified; and the court was moved by counsel to put off the trial till it might please God to work my recovery; but not prevailing, the jury was impannelled, and the honourable sir Thomas Jones, who sat as judge, it seemeth advised my council that they would refer my case to the court, and he would mediate with the lord chief jus tice for clemency; which to a tittle his honour truly performed. At the same time, as I am credibly informed, sir George Jeffreys, who was counsel against me, made the like promise, and was waited on the day before my appear ance at the King's-bench bar, with a request for his performance; but instead of making good what he had promised before many hundreds, he incensed the court with such aggravating expressions, as procured a fine; which with the Crown-office charge and imprisonment, with the charge of Habeas Corpus, and trial at Guildhall, cost me above 361. besides a chargeable sickness several months, much more to my charge and damage.

In August 1679 there came forth a pamphlet called Observations on sir George Wake- In December following, the aforesaid Mr. man's trial," the author and printer of which I Stevens and a constable came to my shop with knew not; but it being commonly sold, I had a warrant to search for unlicensed books; I dea proportion (by some hand or other sent me.) sired to hear it read, and found it was a general In October following, one Mr. Stevens, a mes- warrant signed by the lord chief justice Scroggs, senger to the press, brought a warrant from not expressing my name nor crime; upon the lord chief justice Scroggs to bring me be- which I replied, I should not obey it, for it was fore his lordship, who was pleased to examine against Magna Charta, and therefore advised me as to the author; but I not being capable the messenger at his peril neither to seize me to answer his expectation in that, requested nor my books. About this time, seeing two or (for weighty considerations) I might not be three sober persons make a stand, I requested committed, for it would much at that season them to bear witness to what might happen; tend to my prejudice, and I had sufficient citi-then the constable replied, Sir, My work is zens there present, who offered themselves for my bail. His lordship made answer, I do not except against your bail, they seem to be honest responsible gentlemen; but I tell you; you shall to gaol, unless you presently tell me who was the author of that seditious pamphlet. I replied, my lord, I cannot tell who was the author; but believe my case bailable, and beg your lordship to take bail. No, said his lordship, you may take your Habeas Corpus; I will take no bail; make his Mittimus: which was done accordingly, as followeth :

I have herewith sent you the body of Francis Smith, whom you are to keep in safe custody law; oath being made before me, that there till he shall be discharged by due course of

was a great parcel of that scandalous libel seen
in his house or shop, called Observations on sir
George Wakeman's trial.

Dated Octob. 24, 1679.
WM. SCROGGS.
To Joseph Cooling, esq. marshal
of the King's-bench prison.

Upon this I had my Habeas Corpus, and in four days following was brought to the King'sbench bar, and so I was bailed; but an information was put into the Crown-office, whence

only to keep the peace, I shall meddle with nothing. Well but, sir, said I, I conceive it is your work as well to see the peace is not broke, for neither my name nor books are mentioned in this warrant, therefore it is against law. The messenger alledged, that besides his warrant, he had particular instructions to seize such and such things; and it would be worse for me, if I obeyed not to which I replied, God's will be done, I will obey no general warrant; I have long and often known what it was to suffer, and now by God's grace I would know for what I suffered. Upon this the messenger was in a great heat, both threatening me, and remember Empson and Dudley, that though persuading me much to obey his general war rant. I replied, Take heed what you do, and they acted by an act of parliament, much greater than your general warrant, yet going against Magna Charta, they were both hanged for their pains. Upon this the messenger and constable departed.

A few days after, the same messenger came

brought me before his majesty in council; and after he had made oath, gave evidence, and charged me with refusing to obey his general warrant, de

trary ways, and particular or private piques, that have (from a flourishing condition,) been reduced to such poverty, as to die in gaols; others

buy a poor 3s. coffin, to carry them to the grave; witness the truth of these cases, in one Mr. Brewster, who died low some years ago in Newgate, and his family reduced to such want, that his wife lately lived upon charity, and died under great extremity. One Mr. Calvert died little less than in prison, and his family brought to total beggery, that once lived plentifully; also one Mr. Dover a printer died in Newgate, almost to the ruin of his family, Mr. Lidwell Chapman in the like manner, by continued imprisonments, he and his family ruined; others fined above their ability, as late instance shews; others by like imprisonments, also were ruined, by persons invested with power of surveying the stationary trade, abusing the same at pleasure; and even wink, when, and where they please, as favour or pique governs them; seize as unlicenced, because others shall not sell them, and sell them themselves.

claring, That I often threatened him with a parliament, and Magna Charta, on purpose to discourage him from doing his duty, and that he had more trouble with me than all the book-not able to leave at their death so much as to sellers and printers in town besides; And it was in vain for him to execute his office, unless some course was taken with me; further adding, That I had printed queen Elizabeth's Association, (which he then produced) and two seditious petitions for the sitting of the parliament, for which he then produced a witness; further complaining, That I went up and down getting hands to petitions for sitting of the parliament, and that still as he came to search my shop for seditious books, I bid him have a care what he did, and bid him tell the 10 letters of a parliament upon his 10 fingers, and that, sooner or later, we must have a parliament, and then I must answer for what I did, on purpose to discourage me from doing my duty: with many aggravations too tedious here to relate. Upon the whole his general warrant was read, but nothing was said to it. Then my Lord Chancellor asked me, Where I had the Association? I replied, as I was a bookseller, That, as other books, came to my hands; and besides, it had been formerly printed in queen Elizabeth's days, and I hoped there was no hurt in reprinting it; His lordship replied, But the Queries in it was not then; and I must find the author, or be deemed author myself. Then his majesty was pleased to ask me, If I had printed petitions for the parliament to sit and promoted hands to them; To which I replied, Yes, and please your majesty, with all my heart, and thought I could not do your majesty and my country better service, than to endeavour avance) the same book. parliament at the time your majesty appointed, I had, as many yet know, 500 books of a in January next. After some further passages great value seized at the binders, forsooth the to this purpose, we were bid to withdraw; and pretence not licenced, and mine being taken after a short stay a warrant was ordered for a from me, and near 50l. spent after them, in messenger to carry me to Newgate, where I re-order to recovery; some of the same persons mained in custody, till delivered by Habeas Corpus, upon bail.

[Then computing the amount of his pecuniary loss on each of these occasions, he represents the aggregate as amounting to about 1,4007. besides the loss of his shop and trade for two years together. ]

In compensation or support [he proceeds] towards this, or any other losses, I can truly say to this day, I never had directly or indirectly, to the value of 201. reparation, from any perbon or persons whatsoever.

Though it hath been often suggested, both by persons in authority and others, that Competitors have born me out; upon which, occasion hath been taken to minister greater aggravation to my bonds.

And as a close of this my afflicted relation, be it remembered, that many of these my sufferings both on my person and substance, were by general warrants exercised on me; and without compassion, (by those employed in surveying, printing, and vending books,) upon many others; of which a doleful catalogue might be given, of several persons by (in the general) mere arbi

Even, by what they seize (to the ruin of perhaps families,) for waste paper one of another, as parties in iniquity, and sell the same for vendable commodity; yea some persons goods seized, because they shall not vend them; and others connived at to vend the same: I myself was kept a long time in the messengers hands, at horrid charges, a noble every day for fees, a mark a day seizure, a mark last day release; sometimes 52s. 6d. order before released, with diet and lodging at proportion; and another of the same trade, print and vend (with conni

that made a great noise in the ears of authority; saying they are against the church, against the church; (at this time with such usage for ought they knew, I had not money to buy bread for my many children.)

Yet the same persons could print, and sell, and connive at printing, and selling the same book, line for line; yea, and a conscience so tender or seared to put my name and sign to the same book, and sell them city and country over; as if their selling could alter or take away all the venom pretended to be in them.

It was become a frequent custom to seize from some, and connive at others, to print and vend the same.

And notorious it is that one Mr. Bprinter wassworn against through a brick wall, as my information saith, and utterly ruined from all visible probability of ever recovering; his materials so broken and damnified; as disabled him from his common customary ability of getting bread for his family; and what was his crime? (a very great one, as most others before him here inserted) he printed, or was printing a Speech made in Common Council,

ment.

by a member thereof, for a petition to his ma- | and favourable dispatch of a license, till their jesty to dissolve that (by some worthy patriots markets be over, as is notoriously known, and of their own accounted; and felt one great felt by too many witnesses. grievance of the nation,) the late long parliaAnd the author of the said Speech was of the sadness of my sufferings and damages, Having thus given a short and true account many weeks kept in the Gate-house for his in- and also of the most that I have received in retended good service. Were all the ruins and spoils that have been made upon booksellers, paration, I hope I shall neither be looked upon as an unquiet and troublesome man, deserving printers, and merchants in books, and haber- those afflictions I have undergone; nor as one dashers, printed here, it would contain a vothat by men of like unquiet spirits have at least lume; Till therefore a further opportunity calls for it; I shall omit much more that might be my charges repaired: But that I may stand in the eyes of honest and unprejudiced persons, here inserted; humbly praying God Almighty as a man who desires to preserve myself and to continue this honourable sessions of parliament, from whom it is not doubted, (when from family by my trade, as well as I may; (yet have met with hard dealings, great sufferings more weighty affairs they can condescend into and losses, and these for the most part illegally the inspection of such grievances,) but they and unjustly brought upon me, by the malice will both punish offenders, and make such pro- of ill men, which if I may obtain), I have the vision, as learned men of great worth, may not desired end of this Narrative, and subscribe my subject their labour to the pleasure of an im-self a servant to all true Englishinen, while, primatur, or censure of striplings to them; nor yet booksellers and printers wait the justice

FRANCIS SMITH,

263. The Trial of JANE CURTIS, at Guildhall, for publishing the same Libel: 32 CHARLES II. A. D. 1680.

Mr. Holt. MAY it please your lordship, and gentlemen of the jury, here is an information brought against Jane Curtis; and it sets forth, That the defendant did publish and put to sale a seditious libel against my Lord Chief Justice Scroggs: The defendant pleads Not Guilty; if we prove it upon her, you are to find for the king; and if not, you are to say so, and no

more.

Mr. Williams said (who was a counsel for the defendant), he would admit the record: whereupon they proceeded no further to trial, but the woman being called, she said:

Mrs. Curtis. I was ignorant in the matter, and knew no such thing, my lord; my husband, an't please your lordship, was in the

In an account which was published of this trial, this Jane Curtis is called wife of Langley Curtis, and the libel for the publication of which she was tried, is called, "A Satire upon Injustice, or Scroggs upon Scroggs."

country a hundred miles off of me, in Lincoln. shire.

Justice Jones. You did it ignorantly and simply, without any malice, and, suppose, you are heartily sorry for it. You see your neighbour there, Mrs. Smith, hath shewed good dis cretion in the behalf of her husband; she has ingenuously declared, that he shall come and make submission, and if I find you as submis sive, and as sorry for what you have done, I may do the like for you.

Mrs. Curtis. In any thing that I have done, I know not myself Guilty; and if I am, I beg your lordship's pardon with all my heart, my lord, or any body's else.

Justice Jones. I know you will find mercy from my Lord Chief Justice, and therefore go and make your submission.

Then the jury proceeded to give their ver dict, and their foreman said, Guilty.

See the Proceedings against the Judges, infra.

264. The Trial of Sir THOMAS GASCOIGNE, bart. at the King's Bench, for High Treason: S2 CHARLES II. A. D. 1680.

January the 24th, 1680, Sir Thomas Gascoigne
was brought to the bar to be arraigned.
Cl. of Cr. SIR Tho. Gascoigne, hold up thy

band.

Sir T. Gasc. I cannot hear.
Clerk. He says he cannot hear.
L. C. J. (sir Win. Scroggs). Then somebody
must repeat it that stands by him.

Recorder (sir George Jefferies). Do you hear what I say to you?

Sir. T. Gasc. No, I cannot hear, I am very deaf.

close to the bar, and went on thus:]
[Then the Clerk of the Crown went down

Cl. of Cr. Sir Thomas Gascoigne, hold up thy haud. [Which he did.] Thou standest indicted by the name of sir Thomas Gascoigne, late of the parish of Elmett, in the West-riding in the county of York, bart. for that thou, as a false traitor against our most illustrious and excellent

death and final destruction of our said lord the king; and to change and alter, and wholly to subvert the ancient government of this realm; and to depose and wholly to deprive the king of the crown and government of this kingdom,. and to root out the true Protestant religion. And to fulfil and, accomplish the same most wicked treasons, and traitorous imaginations

compassements, d'avoir murdré et destruitz 'les ditz Seignurs.'-And inasmuch as the said offenders avoient conusance des ditz fauces purposes et compassementz de si haute tre'son,' &c.

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prince king Charles the 2nd, thy natural lord, not having the fear of God in thy heart, nor weighing the duty of thy allegiance, but by the instigation of the devil moved and seduced, the cordial love, and true, due, and natural obedience which true and faithful subjects of our said lord the king should bear to him, and of right are bound to bear, wholly withdrawing, devising, and with all thy power intending to disturb the peace and common tranquillity of this realm, and to bring and put our said lord the king to death and final destruction; and the true worship of God in this kingdom, by law established and used, to alter unto the superstition of the Church of Rome, and to move and stir up war against our said lord the king in this realm, and to subvert the government of this kingdom; the 30th day of May, in the 31st year of our said lord the king's reign, at the parish of Barwick in Elmett in the said county of York, in the West-riding of the same county, "In the acts for attainting the earl of Linwith divers other false traitors unknown, didst coln and his party in Henry the 7th's reign, traitorously compass, imagine,* and intend the which are in English, the following are the phrases, viz, conspired and ymagined-ymaginSee a Note in vol. 5, p. 972. To the quo-ed and conspired-ymagynyng compassyng and tation there inserted from Mr. Luders, the following passage should have been added:

"These words, at this day, do not convey the proper meaning of the original compasser ou imaginer. But I have been afraid of offending those who would cry out against the change, in a form of words so long established, in this well-known article of national history, if I had given their true translation. I believe they would be justly rendered by the words' attempt or contrive. Many passages contemporary with the statute, could be brought to shew that this was the meaning of the law-makers. The following have occurred to me, viz.

4

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"In 4 Hen. 5, 4 Parl. Ro. 104, the Commons represent, that certain religious houses that had run in debt upon bonds, which they could not discharge, compassantz et ymnagipantz de desceiver et forbarrer' their creditors, had applied for protections, &c.

conspiryng the deth and deposition-traitorously ymagynyng and compassyng the deth and destruction. See 6 Parl. Ko. 397, 502.

“Chaucer, who was contemporary with the statute, applies the phrase to felony, not to treason. But in his time there was little difference between them for our purpose: Each crime depending on a breach of the feudal alliance; the one implying treachery, the other not. The passage I allude to is in the Knight's Tale, in the description of paintings in the Temple of Mars:

"In the Parliament Roll of the same 25th year (p. 237.) the Chief Justice in opening the Session, among the causes of summons, mentions the French king's assumption of the crown of France, which belonged to Edward the third. And that he' ymaginant de notre dit Seignuring le Roy subdure et enginer,' had broken the

truce.

"In Stat. 36 Edw. 3, st. 2. for the king's general pardon, the Commons petition that they may not be impeached or charged par nul manere de colour imagination ou inter'pretation'

"In 2 Parl. Ro. 332. No. 58, in a petition for the banishment of the Italian brokers in 50 Edw. 3, the charge against them is, that 'male Usure et touz les subtils ymaginations 'd'icell sont par eux compassez et meyntenuz.' "In 11 Rich. 2, 3 Parl. Ro. 239, 240. Judge Belknap is accused by the archbishop of York, quil feust ymagineur et contrevour' of the commission and statute made in the former parliament. And Blake, one of the same party (qui avoient compassé et purposé lours fauces tresons) ymagina sur les ditz commission et estatut Et outre ce il ymagina et compassa- with the aforesaid persons, &c. whose offences are called fauces tresons et VOL, VI),

“There saw I all the dark imagining
Of Felony, and all the compassing.

*

The Treason of the murd'ring in the bed.
The open war &c."

Dryden altered this treason to the 'assassinat-
Wife.' Here treason seems contrasted with
open war.

"Du Cange and Carpentier do not assist us, upon the inquiry into the origin of the word imaginer,' in our writers and records. What has occurred in my reading, would lead me to derive it from machinari,' not from imagina'tio.' Glanville and Bracton and M. Paris use that verb, where those who came after them, writing in French, use' ymaginer.' The old writ of Ne exeat regnum has, Machinatus est contra coronam. Ordericus Vitalis, writing at the end of the 11th century, has this expression, Dum plurimi Anglorum-machinarentur rebellionem.' Knighton, who was probably contemporary with Edward the third, writes ' qui ymaginati sunt ei proditionem.' Joinville, Bracton's contemporary, has the following passage in French, of a rebellion in France. • Advint que les Barons de France se assem'blerent à Corbeil, et machinerent entre eux 'd'ung commun consentement."" See his Considerations, &c. p. 137. 3 Q

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and purposes, the said Gascoigne and other false traitors unknown, on the said 30th day of May, in the 31st year aforesaid, with force and arms, &c. at the parish of Barwick aforesaid, advisedly, devilishly, maliciously and traitorously did assemble, unite, and gather together themselves, and then and there did devilishly, advisedly, maliciously, craftily and traitorously consult and agree to bring our said lord the king to death and final destruction, and to depose and deprive him of his own crown and government, and to introduce and establish the religion of the Romish Church in this realm. And the sooner to fulfil and accomplish the same most wicked treasons and traitorous imaginations and purposes, thou the said Gascoigne, and other unknown traitors, then and there advisedly, maliciously and traitorously did further consult and agree to contribute, pay, and expend divers large sums of money to divers of the king's subjects and other persons unknown, to procure those persons unknown traitorously to kill our said lord the king, and to introduce the Romish religion into this realm. And that thou the said Gascoigne afterwards, to wit, on the said 30th day of May, in the 31st year aforesaid, at the parish aforesaid, didst falsely, advisedly, craftily, maliciously and traitorously solicit one Robert Bolron to kill our said lord the king; and then and there, with an intent sooner traitorously to encourage the said Bolron to undertake the killing and murdering of our said lord the king, offeredst therefore to give and pay the said Bolron 1,000l. of lawful money of England; against the duty of thy allegiance, against the peace of our said lord the king, his crown and dignity, and against the form of the statute in such case made and provided. How sayest thou, sir Tho. Gascoigne, art thou Guilty of this high treason whereof thou standest indicted, and hast been now arraigned, or Not Guilty?

Sir T. Gasc. Gloria Patri, Filio, et Spiritui 'Sancto,' I am Not Guilty.

Cl. of Cr. Not Guilty, you must say. Sir T. Gasc. Not Guilty; nor any of my family were ever guilty of any such thing: I hope I shall be tried fairly.

Cl. of Cr. How will you be tried? Sir T. Gasc. By God and my country. Cl. of Cr. God send thee a good deliverance. Sir T. Gasc. I desire, that in order to my trial, I may have a jury of gentlemen, of persons of my own quality, and of my own country, that may be able to know something how I have lived hitherto; for I am above fourscore and five years old.

L. C. J. Tell him he shall have a good jury of gentlemen of his own country.

Sir T. Gasc. And besides, my lord, I desire to know when I shall be tried.

Att. Gen. (Sir Creswel Levinz.) Some time about the latter end of the term, as soon as I can get a jury up.

Sir T. Gasc. I do not know whether I can produce all my witnesses at that time, if there be not a longer time allowed me; for I have a

great many witnesses to fetch up: these witnesses must be all here, or I cannot make my defence; and I know not how they shall be got hither in so little time.

L. C. J. Tell him he may have what wit nesses he pleases, and the aid of this court to fetch them.

Just. Dolben. Name them who they are. Mrs. Ravenscroft. My lord, some of his witnesses are at Paris.

Just. Dolben. Why, he will not be tried yet this fortnight,

Mrs. Ravenscroft. They will not have time to come over between this and that.

Just. Dolben. Mistress, he had reason to believe that he should be tried some time this term, for so the counsel ordered it; and therefore he should have got his witnesses ready.

Mrs. Ravenscroft. My lord, he did not know where they were till a week ago.

Just. Dolben. Look you, Mr. Attorney, here is a lady that is I suppose, some relation to this gentleman.

Mrs. Ravenscroft. He is my grandfather, my lord.

Just. Dolben. She says a fortnight's time will be too little to get his witnesses together for his defence, because some of the witnesses are beyond sea at Paris, she says.

Att. Gen. My lord, I am willing he should have as long time as the term will allow of: but sure that is long enough to get any witnesses from Paris.

L. C. J. What say you to sir Miles Stapleton? I see he is joined in the indictment.

Att. Gen. My lord, he is not come up yet. L. C. J. Will you try the one without the other?

Att. Gen. Yes, my lord, if we cannot have both: he is in the hands of the messenger at York; we have writ down to know the state of his health to some of the justices of the peace, and the messenger returns word he is sick and cannot come: I have sent down an HabeasCorpus to the messenger to bring him up ; let him return a Languidus at his peril; that is all I can do.

L. C. J. Well, what day do you appoint for Sir Thomas's trial?

Att. Gen. Tuesday come fortnight I think will be a good day.

Just. Dolben. By that time, mistress, you may get your witnesses; you must send a messenger on purpose.

Mrs. Ravenscroft. But if the wind should be contrary, my lord, and they cannot be brought

over?

Just. Dolben. It is not an usual thing to have winds long contrary between Dover and Calais.

Mrs. Ravenscroft. But if it do fall out that he wants a material witness at his trial, I hope his life will be considered.

Just. Dolben. He should have had them ready, he had warning before.

Mrs. Ravenscroft. We could do it no sooner because we knew not where they were.

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