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cation to the present lord of London, that a a summons came for a trial at a time wben I stop might be put to the total spoil, till I had was under an extreme sickness of a high lever a fair hearing; and by his lordship's favour, and every-day-agye, being brought so low, that with the message he sent to the then master I was not able to go cross a room without help, and wardens, they spared no pains to put a of which the physicians certified ; and the stop to further spoil, and were contributary to court was moved by counsel tn put off the all possible restitution of what had been seized, trial till it might please God to work my recospoiled and unspoiled..

very; but not prevailing, the jury was impanNevertheless by the first seizure, before I nelled, and the bonourable sir Thomas Jones, could recover them again, which was about six wbo sat as judge, it seemeth advised my counmonths, attendance and charges cost me above cil that they would refer my case to the court, 501. besides the loss of my market, by their and he would mediate with the lord chief jusprodigious and wicked act of printing an im- tice for clemency; which to a tittle his honour pression of the same books, while mine, were truly performed. At the same time, as I am under restraint, to my dainage above 100l. credibly informed, sir George Jeffreys, who

The re-seizure of the same books three years was counsel against me, made the like promise, after, and as many other sorts as together and was waited on the day before my appearloaded a cart, at which five porters were em- ance at the King's-bench bar, with a request ployed by the said Mr. Mearn and competi- for his performance; but instead of making tors, with the spoil they made by damasking, good what he had promised before many hunand cost to recover, damnified me above 601. dreds, he iacensed the court with such aggra

Io the whole, the first and last charge and vating expressions, as procured a fine; which damage above 210l. upon moderate compu- with the Crown-office charge and imprisontation; besides many weeks time lost from my ment, with the charge of Habeas Corpus, and shop and trade, to my prejudice in probability trial at Guildhall, cost me above 361. besides equal to the rest.

a chargeable sickness several months, much In August 1679 there came forth a pamphlet more to my charge and damage. 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 de. a 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 iny 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 only to keep the peace, I shall meddle with my bail. His lordship made answer, I do not nothing. Well but, sir, said I, J conceive it is except against your bail, they seem to be honest your work as well to see the peace is not broke, responsible gentlemen; but I tell you ; you for neither my naine nor books are mentioned shall to gaol, unless you presently tell me who in this warrant, therefore it is against law. The was the author of that seditious pamphlet. I messenger alledged, that besides his warrant, replied, my lord, I cannot tell who was the au- he had particular instructions to seize such and thor; but believe my case bailable, and beg such things; and it would be worse for me, if your lordship to take bail. No, said his lord I obeyed not : to which I replied, God's will ship, you may take your Habeas Corpus; I be done, I will obey no general warrant; I will take no bail ; make his Mittimus : which have long and often known what it was to was done accordingly, as followeth :

suffer, and now by God's grace I would know I have herewith sent you the body of Francis for what I suffered. Upon this the messenger Smith, whom you are to keep in safe custody persuading me much to obey his general war

was in a great heat, both threatening me, and till he shall be discharged by due course of Jaw; oath being made before me, that there remember Empson and Dudley, that though

rant. I replied, Take heed what you do, and was a great parcel of that scandalous lihel seen in his house or shop, called Observations on sir they acted by an act of parliament, much George Wakeman's trial.

greater than your general warrant, yet going Dated Octob. 24, 1679. WM. SCROGGS.

against Magna Charta, they were both banged

for their pains. Upon this the messenger and To Joseph Cooling, esq. marshal of the King's-bench prison.

constable departed.

A few days after, the same messenger came Upon this I had my Habeas Corpus, and in again with a particular warrant, and brought four days following was brought to the King's- me before his majesty in council; and after he bench bar, and so I was bailed; but an infor- had made oath, gave evidence, and charged me mation was put into the Crown-office, whence with refusing to obey his general warrant, declaring, That I often threatened him with a trary ways, and particular or private piques, parliament, and Magna Charta, on purpose to that have (from a fourishing condition,) been rea discourage him from doing his duty, and that duced to such poverty, as to die in gaols; others 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 buy a poor 3s. coffin, to carry them to the in vain for him to execute bis office, unless some grave; witness the truth of these cases, in one course was taken with me; further adding, Mr. Brewster, who died low some years ago in That I had printed queen Elizabeth's Associa- Newgate, and his family reduced to such want, tion, (which he then produced) and two sedi- that his wife lately lived upon charity, and died cious petitions for the sitting of the parliament, under great extremity. One Mr. Calvert died for wbieb be then produced a witness ; further little less than in prison, and his family brought complaining, That I went up and down getting to total beggery, that once lived plentifully; hands to petitions for sitting of the parliament, also one Mr. Dover a printer died in Newgate, and that still as he came to search my shop for almost to the ruin of his family, Mr. Lidwell seditious books, I bid him have a care what he Chapman in the like manner, by contivued imdid, and bid him tell the 10 letters of a parlia- prisonments, he and his family ruined; others ment upon his 10 fingers, and that, sooner or fined above their ability, as late instance shews; later, we must have a parliament, and then others by like imprisonments, also were ruined, I must answer for what I did, on purpose to by persons invested with power of surveying the discourage me from doing my duty: with many stationary trade, abusing the same at pleasure; aggravations too tedious here to relate. Upon and even wink, when, and where they please, the whole his general warrant was read, but as favour or pique gorerns them; seize as unSlothing was said to it. Then my Lord Chan- licenced, because others shall not sell them, and cellor asked me, Where I had the Association? sell them themselves. I replied, as I was a bookseller, That, as other Even, by what they seize (to the rúin of perbooks, came to my hands; and besides, it bad haps families,) for waste paper one of another, been formerly printed in queen Elizabeth's as parties in iniquity, and sell the same for days, and I hoped there was no hurt in re- vendable commodity; yea some persons goods printing it; His lordship replied, But the Queries seized, because they shall not vend them; and in it was not then; and I'must find the author, others connived at to vend the same: I myself or be deemed author myself. Then his ma- was kept a long time in the messengers hands, jesty was pleased to ask me, If I had printed at horrid charges, a noble every day for fees, petitions for the parliament to sit and promoted a mark a day seizure, a mark last day release; hands to them; To which I replied, 'Yes, and sometimes 528. 6d. order before released, with please your majesty, with all my heart, and diet and lodging at proportion; and another of thought I could not do your majesty and my the same trade, print and vend (with conni. country better service, than to endeavour avance) the saine book. parliament at the time your majesty appointed, 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 purpnse, 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 Cor- that made a great noise in the ears of autboria pus, upon bail.

ty; saying they are against the church, against [Then computing the amount of his pecu- the church; (at this time with such usage for niary loss on each of these occasions, he repre- ought they knew, I had not money to buy bread sents the aggregate as amounting to about for my many children.) 1,4001. besides the loss of his shop and trade for Yet the same persons could print, and sell, two years together. ]

and connive at printing, and selling the same In compensation or support (he proceeds) to- book, line for line ; yea, and a conscience so wards this, or any other losses, I can truly say tender or seared to put my name and sign to to this day, I never had directly or indirectly, the same book, and sell them city and country to the value of 201. reparation, from any per- over; as if their selling could alter or take bon or persons whatsoever.

away all the venom pretended to be in them. Though it hath been often suggested, hoth It was become a frequent custom to seize by persons in authority and others, that com- from some, and connive at others, to print and petitors have born me out; upon wbich, oc-vend the same. casion hath been taken to minister greater And notorious it is that one Mr. B aggravation to my bonds.

printer wassworn against through a brick wall, as And as a close of this my afflicted relation, be my information saith, and utterly ruined from it remembered, that many of these my sufferings all visible probability of ever recovering; his both on my person and substance, were by materials so broken and damnified; as disgeneral warrants exercised on me; and without abled him from his common customary ability compassion, (by those employed in surveying, of getting bread for his family; and what was printing, and vending books,) upon many others; his crime? (a very great one, as most others of which a doleful catalogue might be given, of before bim here inserted) he printed, or was several persons by (in the general) mere arbi- printing a Speech made in Coinmon Council, 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 knowo, and of their own accounted; and felt one great felt by too many witnesses. grievance of the nation,) the late long parlia

Haring thus given a short and true account ment. And the author of the said Speech was many weeks kept in the Gaie-house for his in, and also of the niost that I have received in re

of the sadness of my sufferings and damages, tended good service. Were all the ruins and spoils that have been made upon booksellers, paration, I hope I shall neither be looked upon printers, and merchants in hooks, and haber- those afflictions I have undergone; nor as one

as an unquiet and troublesome man, deserving dasbers, printed here, it would contain a vo

that 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 persoas, here inserted; humbly praying God Almighty

as a man who desires to preserve myself and to continue this honorable sessioos of parliament, from whom it is not doubted, (u hen from family by my trade, as well as I may; (yet more weighty affairs they can condescend into and losses, and these for the most part illegally

have met with hard dealings, great sufferings 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 inen, 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 imself a servant to all true Englishınen, while, primatur, or censure of striplings to them; nor yet booksellers and printers wait the justice

FRANCIS SMITH.

if we prove

more.

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 country a hundred miles off of me, in Lincolo. gentlemen of the jury, here is an information shire. brought against Jane Curtis; and it sets forth, Justice Jones. You did it ignorantly and simThat the defendant did publish and put to sale ply, without any malice, and, I suppose, you a seditious libel against my Lord Chief Justice are heartily sorry for it. You see your neighScroggs : The defendant pleads Not Guilty; bour there, Mrs. Smith, hath shewed good dis

it

upon her, you are to find for the cretion in the behalf of her husband; she has king; and if not, you are to say so, and no ingenuously declared, that he shall come and

make submission, and if I find you as submisMr. Williams said (who was a counsel for sive, and as sorry for what you bave done, I the defendant), he would admit the record : may do the like for you.

1 whereupon they proceeded no further to trial, Mrs. Curtis. In any thing that I have done, but the woman being called, she said : I know not myself Guilty; and if I ain, I beg

Mrs. Curtis. I was ignorant in the matter, your lordship's pardon with all my heart, my and knew no such thing, my lord; my bus-lord, or any body's else. band, an't please your lordship, was in the

Justice Jones. I know you will find mercy

from my Lord Chief Justice, and therefore go In an account which was published of this and make your submission. trial, this Jane Curtis is called wife of Langley Then the jury proceeded to give their ver. Curtis, and the libel for the publication of dict, and their foreman said, Guilty. which she was tried, is called, “ A Satire upon See the Proceedings against the Judges, inInjustice, or Scroggs upon Scroggs."

I fra.

264. The Trial of Sir Thomas Gascoigne, bart. at the King'sBench, for High Treason : 32 CHARLES II. A. D. 1680.

Sir. T. Gasc. No, I cannot bear, I am very January the 24th, 1680, Sir Thomas Gascoigne

deaf. was brought to the bar to be arraigned. Cl. of Cr. Sir Tho. Gascoigne, hold up thy close to the bar, and went on thus :}

[Then the Clerk of the Crown went down band. Sir T. Gasc. I cannot hear.

Cl. of Cr. Sir Thomas

Gascoigue, hold up thy Clerk. He says he cannot bear.

haud. [Which he did.) Thou standest indicted L. C. J. (sir Win. Scroggs). Then somebody by the name of sir Thomas Gascoigné, late of must repeat it that stands by him.

the parish of Elunett, in the West-riding in the Recorder (sir George Jefferies). Do you bear county of York, bart. for that ihou, as a false what I say to you?

traitor against our most illustrious and excellent prince king Charles the 2nd, thy natural lord, death and final destruction of our said lord the not having the fear of God in thy heart, nor king; and to change and alter, and wholly to weighing the duty of thy allegiance, but by the sebvert the ancient government of this realm ; instigation of the devil moved and seduced, the and to depose and wholly to deprive the king cordial love, and true, due, and natural obedi. of the crown and government of this kingdom, ence which true and faithful subjects of our and to root out the true Protestant religion. said lord the king should bear to him, and of And to fulfil and accomplish the same most right are bound to bear, wholly withdrawing, wicked treasons, and traitorous imaginations devising, and with all thy power intending to disturb the peace and common tranquillity of compassements, d'avoir murdré et destruitz this realm, and to bring and put our said lord les ditz Seignurs.' --And inasmuch as the said the king to death and final destruction; and offenders avoient conusance des ditz fauces the true worship of God in this kingdom, by purposes et compassementz de si baute tre. law established and used, to alter unto the su- son,' &c. · perstition of the Church of Rome, and to move In 4 Hen. 5, 4 Parl. Ro. 104, the Comand stir up war against our said lord the king mons represent, that certain religious houses in this realm, and to subvert the government of that had run in debt upon bonds, which they this kingdom; the 30th day of May, in the 31st could not discharge, compassantz et ymagiyear of our said lord the king's reign, at the pantz de desceiver et forbarrer' their creditors, parish of Barwick in Elmett in the said county had applied for protections, &c. of York, in the West-riding of the same county, “ In the acts for attainting the earl of Liqwith divers other false traitors unknown, didst coln and his party in Henry the 7th's reign, traitorously coinpass, 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-ymagyoyng compassyng and tation there inserted from Mr. Luders, the fol- conspiryng the deth and deposition--traitorouslowing passage should have been added : ly ymagynyng and compassyng the deth and

“ These words, at this day, do not convey the destruction. See 6 Parl. Ro. $97, 502. proper treaning of the original compasser ou “ Chauçer, who was contemporary with the

imaginer.' But I have been afraid of offend. statute, applies the phrase to felony, not to ing those who would cry out against the change, treason. But in his time there was little difin a form of words so long established, in this ference between them for our purpose: Each well-known article of national history, if I had crime depending on a breach of the feudal algiven their true translation. I believe they liance; the one implying treachery, the other would be justly rendered by the words. attempt not. The passage I allude to is in the Knight's • or contrive.' Many passages contemporary Tale, in the description of paintings in the with the statute, could be brought to shew that Temple of Mars : this was the meaning of the law-makers. The

“ There saw I all the dark imagining following have occurred to me, viz. *** In the Parliament Roll of the same 25th

Of Felony, and all the compassing. year (p. 237.) the Chief Justice in opening the Session, among the causes of summons, men

The Treason of the murd'ring in the bed. tions the French king's assumption of the crown

The open war &c." of France, which belonged to Edward the third. Dryden altered this treason to the assassinatAnd that he ymaginant de notre dit Seignur ing Wife.' Here treason seems contrasted with • le Roy subdure et enginer,' had broken the open war.

“Du Cange and Carpentier do not assist us, “ In Stat. 36 Edw. 3, st. 2. for the king's upon the inquiry into the origin of the word general pardon, the Commons petition that imaginer,' in our writers and records. What they may not be impeached or charged par has occurred in my reading, would lead me to nul manere de colour imagination ou inter- derive it from machinari,' not from imaginapretation

tio.'. Glanville and Bracton and M. Paris “ In 2 Parl. Ro. 332. No. 58, in a petition use that verb, where those who came after for the banishment of the Italian brokers in them, writing in French, use" ymaginer.' The 50 Edw, 3, the charge against them is, that old writ of Ne exeat regnum has, Machinatus 'male Usure et touz les subtils yraginations est contra coronam. Ordericus Vitalis, writing d'icell sont par eux compassez et meyntenuz.' at the end of the 11th century, has this expres

“ In 11 Rich. 2,3 Parl. Ro. 239, 240. Judge sion, 'Dum plurimi Anglorum-machinarenBelknap is accused by the archbishop of York, • tur rebellionem.' Knighton, who was proba

quil feust ymagineur et contrevour' of the bly contemporary with Edward the third, writes commission and statute made in the former qui ymaginati sunt ei proditionem.' Joinville, parliament. And Blake, one of the same party Bracton's contemporary, has the following pas( qui avoient compassé et purposé lours fauces sage in French, ‘of a rebellion in France. tresons) ymagina sur les ditz cominission et • Advint que les Barons de France se assemestatut Et outre ce il ymagina et com- • blerent à Corbeil, et machinerent entre eux passa— with the aforesaid persons, &c. d'ung commun consentement, See his whose offences are called fauces tresons et Considerations, &c. p. 137. VOL, VII,

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and purposes, the said Gascoigne and other great many witnesses to fetch up: these witfalse traitors unknown, on the said 30th day of nesses must be all here, or I cannot make my May, in the 31st year aforesaid, with force and defence; and I know not how they shall be got arms, &c. at the parish of Barwick aforesaid, hither in so little time. advisedly, devilishly, maliciously and traitor- L. C. J. Tell him he may have what witously did asseinble, unite, and gather together nesses be pleases, and the aid of this court to themselves, and then and there did devilishly, fetch them. advisedly, maliciously, craftily and traitorously Just. Dolben. Name them who they are. consult and agree to bring our said lord the Mrs. Ravenscroft. My lord, some of his witking to death and final destruction, and to de- nesses are at Paris. pose and deprive bim of his own crown and Just. Dolben. Why, he will not be tried yet government, and to introduce and establish the this fortnight. religion of the Romish Church in this realm. Mrs. Ravenscroft. They will not have time And the sooner to fulfil and accomplish the to come over between this and that. same most wicked treasons and traitorous ima- Just. Dolben. Mistress, he had reason to ginations and purposes, thou the said Gas- believe that he should be tried some time this coigne, and other unknown traitors, then and term, for so the counsel ordered it ; and therethere advisedly, maliciously and traitorously did fore he should have got his witnesses ready. further consult and agree to contribute, pay, Mrs. Ravenscroft. My lord, he did not knon and expend divers large sums of money to divers where they were till a week ago. of the king's subjects and other persons un- Just. Dolben. Look you, Mr. Attorney, here known, to procure those persons unknown trai- is a lady that is I suppose, some relation to this torously to kill our said lord the king, and to gentleman. introduce the Romish religion into this realm. Mrs. Ravenscroft. He is my grandfather, my And that thou the said Gascoigne afterwards, lord. to wit, on the said 30th day of May, in the 31st Just. Dolben. She says a fortnight's time will year aforesaid, at the parish aforesaid, didst be too little to get his witnesses together for falsely, advisedly, craftily, maliciously and trai- his defence, because some of the witnesses are torously solicit one Robert Bolron to kill our beyond sea at Paris, she says. said lord the king; and then and there, with Att. Gen. My lord, I am willing he should an intent sooner traitorously to encourage the have as long time as the term will allow of : said Bolron to undertake the killing and mur- but sure that is long enough to get any witnesses dering of our said lord the king, offeredst there from Paris. fore to give and pay the said Bolron 1,000l. of L. C. J. Wbat say you to sir Miles Staplelawful money of England ; against the duty of ton? I see he is joined in the indictment. thy allegiance, against the peace of our said lord Alt. Gen. My lord, he is not come up yet. the king, his crown and dignity, and against the L. C. J. Will you try the one without the form of the statute in such case made and pro

other? vided. How sayest thou, sir Tho. Gascoigne, Att. Gen. Yes, my lord, if we cannot base art thou Guilty of this high treason whereof both: he is in the hands of the messenger at thou standest indicted, and hast been now ar-York; we bare writ down to know the state of raigned, or Not Guilty?

his health to some of the justices of the peace, Sir T. Gasc. Gloria Patri, Filio, et Spiritui and the messenger returns word he is sick and • Sancto,' I am Not Guilty.

cannot come : I have sent down an HabeasCl. of Cr. Not Guilty, you must say. Corpus to the messenger to bring him up ; let Sir T. Gasc. Not Guilty; nor any of my fa- bim return a Languidus at his peril; that is all mily were ever guilty of any such thing: I hope I can do. I shall be cried fairly.

L. C. J. Well, what day do you appoint for Cl. of Cr. How will you be tried ?

Sir Thomas's trial ? Sir T. Gasc. By God and my country. Att. Gen. Tuesday come fortnight I think Cl. of Cr. God send thee a good deliverance. will be a good day.

Sir T. Gasc. I desire, that in order to my Just. Dolben. By that time, mistress, you may trial, I may have a jury of gentlemen, of per- get your witnesses; you must send a messenger sons of my own quality, and of my own coun

on purpose. try, that may be able to know something how I Mrs. Ravenscroft. But if the wind should be bave lived hitherto; for I am above fourscore contrary, my lord, and they cannot be brought and five years old.

over? L. C. I. Tell him be shall have a good jury Just. Dolben. It is not an usual thing to of gentlemen of bis own country.

have winds long contrary between Dover and Sir T. Gasc. And besides, my lord, I desire Calais. to know when I shall be tried.

Mrs. Ravenscroft. But if it do fall out that Att. Gen. (Sir Creswel Levinz.) Some he wants a material witness at his trial, I hope time about the latter end of the term, as soon his life will be considered. as I can get a jury, up.

Just. Dolben. He should bare had them ready, Sir T. Gasc. I do not know whether I can he had warning before. produce all my witnesses at that time, if there Mrs. Ravenscroft. We could do it no sooner be not a longer time allowed me; for I have a because we knew not where they were.

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