profession; and I never presumed less in my life | sea, and making his course for Holland. to give an advice, than I did in this particular Whereupon it was consulted, whether any orconcerning the division of the fleet; and I der should be sent to the fleet, that prince should make a full answer to this charge, if I Rupert with part of it might bend bis course should say no more, than that I am not guilty towards Brest, whilst the general, with the of it. But since it hath made so much noise, other part, waited the Hollanders motion. to the disadvantage of the king, and of the There had been a long prospect and frequent conduct of his affairs, and that no care hath debates upon this contingency, and how adbeen taken to inform men of the whole carriage vantageous a thing it would prove, if we could in that particular; I will, as I have done at have timely advertisement of the duke de large to the other articles, for his majesty's Beaufort's motion, that a part of the fleet might honour, and for the vindication of those of his be sent to encounter him before his conjunccouncil who were present in those debates, tion with the Dutch; and for that purpose the (how unjust soever many of them have been to lord Arlington had taken all the pains we could me) set down very particularly all that I know to get particular intelligence of the motion of of that matter, and how the fleet came to be that fleet. When this intelligence was comdivided; upon the view of which, I am of municated, some were of opinion that his maopinion, what misfortune soever attended it, jesty should send present orders to the generals, no man will have cause to be ashamed of any that prince Rupert should with such a number fault he committed in it. From the time of ships as they should think fit, bend his that his majesty resolved to send prince Ru- course as is before mentioned. The late lordpert and the General with a joint power and treasurer and I were present at this debate; authority to command the fleet, there was and though we seldom offered advice in such cause enough to apprehend that there would cases, yet being now both of one opinion, we not have been so good an accord between did desire the king, that he would not take them as the conducting so great a service re- upon himself to send positive orders in an afquired; and I was then thought to have so fair of such moment, upon an intelligence that great an interest in both of them, that his might not be true; though we believed it to be majesty commanded me to use the utmost very probable, that the generals were like endeavours to dispose them to a good under- every day to know more of the motion of the standing towards each other; and I believe enemy than we could do: And therefore we they will both confess, that I performed all humbly offered it to his majesty, whether it the offices I could, and with some success, to might not be fit in this case to send some that good end: And I was the more solicitous of the council then present, and who had in it, because I found that the prince was much seen the intelligence, and heard the whole unsatisfied with the resolution his majesty had debate, presently to the fleet to inform the taken, that they should both go in one and generals of what his majesty had heard, the same ship; and that his highness was very and of the considerations which had been desirous to be in a ship by himself, and even thereupon; and if they had received no to command a part of the fleet upon any enadvertisement to the contrary, and upon conterprize that should offer itself, separated from ference together, thought fit to divide the fleet, the other: And there was too general an opi and that prince Rupert should set sail in order nion, from what ground I know not, even at to engage the duke de Beaufort, his majesty the time when our fleet was ready, and when would be very well content that they should put the two generals went to it, that the Dutch that design in execution, without staying for were not in any degree ready to come out; farther orders. His majesty was pleased (with that the greatest ships had not taken in their the concurrent opinion of every person present) provisions, and that they had not men enough to approve of this proposition; and immediateto man the fleet; and that they had no design ly made choice of Mr. Vice-Chamberlain, and to come out of their port till the duke de Beau- sir William Coventry, to use all possible exfort should be ready upon the coast to join pedition to find out the fleet, and inform the with them; which fleet was then at Brest, and generals of all that had passed. I most not in great readiness. I had no part in manag-forget to say, that at this conference, and before ing the intelligence, nor in truth so much as a correspondence by letter at that time, with any man in France or Holland. The two generals were not many days at sea, when my lord Arlington informed his majesty and my Lords, that he had received intelligence from a good hand, that the Dutch were in no degree ready to come out with their fleet; and that the duke de Beaufort on such a day of the month had all his fleet ready, and his men on board, to take the first opportunity of the wind to set sail from Brest; that the wind had been fair these two last days, and therefore that it might be presumed that he was by that time at the messengers were dispatched, Mr. Secretary Morrice informed the king, that he had received intelligence very different from what my lord Arlington's was; which was, that the Dutch fleet was even ready to come out, all their men being aboard, which was likewise commended to those two honourable persons to make part of their inform tion. The winds were so favourable, that the two messe gers went to, and returned from the fleet with more speed than could reasonably have been expected; they reported to the king, that they had imparted all his commands to the generals, and that they had had full conferences together upon it; that by all the intelligence they had received, they against me, and who, by my withdrawing, may did conclude that the Dutch were not ready to reasonably believe, that if I were in truth so income out; and therefore they thought it very nocent as I have professed myself to be, I would counsellable, that the prince should endeavour to not have declined the most severe and strictest meet with the duke de Beaufort; and in order to examination of all my actions, of which I ought that, they had agreed before their coming away, to be very ambitious; and that an exact inand had agreed what ships should attend prince 1 quisition might be made into my whole life, Rupert and what should stay behind with the ge- from which, and from which only, if I am so neral, which they resolved should be executed by innocent as I pretend to be, I might reasonably such a time, if they did not receive his majesty's promise to myself such a full vindication, as orders to the contrary; which his majesty did night amply repair me in point of integrity and not think fit to send, since they were of the honour, not only to the shame of my enemies, same mind, and so they separated each from but to my full reparation for the damages I other, as was agreed. I have heard (but I was have sustained, if I could prove such a gross not then present) that upon a more certain in- combination and conspiracy against me as I telligence that the Dutch fleet was come out, have seemed to accuse them of: and therefore orders were sent to hinder the prince from it concerns me very much to make such a degoing out; which, if they had been transmitted fence for myself in a clear relation of all the with care enough, would have come to him in motives and circumstances which prevailed with time but there being some negligence in that me at that time to withdraw myself, after I had they came not to him time enough to return so often rejected all overtures and advice to till the second day of the engagement; which that purpose, and so publicly declared that I is so well known, that I need not enlarge upon would rather undergo all the danger and ruin it. And this is all that I know of the dividing which might attend my being brought to a trial the fleet; in which I do not know that any than to contribute to my own infamy by enman can be justly blamed with more reason deavouring to decline the trial: and I hope than all men may be, whose counsels have not that when I have made a faithful narration of that success which is desired; and if there all those reasons and motives which obliged, were any fault committed, I am sure there is and even forced me to do what I did, I shall no colour to impute it to me, nor am I in the be thought by all dispassionate men not only least degree responsible for any consequence not to have detested and betrayed my own inupon it. nocence, but to have complied with that obligation and duty which I have always paid to his majesty, and to his service; and against which I hope, and am most confident, that God Almighty will always preserve me from committing the least fault or omission. I have now, according as my memory hath been able to supply (for I have not any paper or note by me for my assistance), answered every particular charge against me; I hope so fully, that, how powerful soever my enemies shall be yet able to appear, as they do continue very powerful, all indifferent men will absolve me from any guilt: and though I neither do or can expect any thing of justice or ingenuity from those persons who have by all the evil arts imaginable contrived my destruction, by infusing into his majesty's ears stories of words spoken, and things done by me, of which I am as innocent as I was when I was born, and other jealousies of a nature so odious, that themselves have not the confidence publicly to own; yet, I say, notwithstanding all this disadvantage for the present, I do not doubt but that posterity, if not the present age, will clearly discern my integrity and innocence in all the particulars which are objected against me, and lament my present suffering, that after so many years of very faithful and painful service, I should be banished my country, and forced to seek my bread in foreign parts at this age. However, it concerns me very much to wipe off one reproach which I may seem to have brought upon myself, by my withdrawing and secretly flying out of the kingdom, to avoid as it may be thought, the justice of parliament; which, as it is made the ground and foundation of the act of banishment, so I may reasonably presume that it hath made deep impression in the minds of many worthy persons, who were not over-inclined to entertain a prejudice When his majesty was pleased first to send me an intimation of his purpose to take the seal from me, which was by the duke of York, he vouchsafed to use all the gracious expressions that can be imagined; the great satisfaction and benefit he had received by my service, the assurance he had of my fidelity, and that he was confident nothing could be objected against me, which I would not be well able to answer: but that the parliament had contracted so great a prejudice against me, that if they had sat but one day longer before their last adjournment, they would have accused me of high-treason, and that he was most assured that they continued in that resolution, and would execute it the first day of their next meeting; that I well knew the condition of his atfairs, and how much he depended upon the house of commons for a supply of money, without which he should not be able to support his government: his advice therefore was, that I should deliver up the seal to him out of my own choice, by which he should be able to protect me from further inconvenience; and it would be so grateful to the parliament, that he should, in consideration thercof, receive all that he could desire from them. It will easily be believed that I was enough surprised at this message, it being a time when my mind was broken with the loss of my wife; for which his long after to do to those persons, who of themselves taking notice of this discourse in the court, presumed to speak to his majesty: and to dissuade him from proceeding in that manner towards me; as the archbishop of Canterbury, the lord general, the earl of Bridgwater, and others; to all whom his majesty mentioned me as a person of whose affection and integrity to his service he had an unquestionable assurance: and I do in truth believe, that his majesty at that time had been persuaded to believe that my removal was necessary for his service: and had in himself no displeasure towards me, in order to any further prosecution. As soon as the seal was taken from me and delivered to the king, I heard that Mr. May had kissed the king's hand, and told him he was then king of England, and never before ; and then every day my enemies declared their animosities against me; and sir William Coventry declared publicly in all places, that he had advised the king to remove me, as a thing upon which his welfare depended: My lord Arlington had persuaded the duke of Buckingham, that I had been the sole person who had contrived the prosecution that had been lately against him; whereas in truth, I had never heard any thing of it till the king told it me, and the lord Arlington brought me the examinations which had been taken, and assured me there would be much more proved against him; upon which I gave such advice as my duty obliged me to do: but so far was I from malice towards the duke, that I did him all the offices I could with the king, and contributed at least as much as any man, as soon as I found by the lord Arlington that some of the witnesses were dead, and that the proofs would not make all that good which he had pretended; but the duke of Buckingham was informed that I was the only cause of his suffering, and thereupon inveighed against me with his usual bitterness. majesty had vouchsafed in his royal person to condole with me very few days before, and when my condition in all respects was in no degree pleasant to me: I desired the duke that he would procure an audience for me with his majesty; which his royal highness had not the least doubt of obtaining, and made as little doubt but that his majesty, in respect of my lameness and indisposition, would be graciously pleased to come to my house; which his majesty the next day promised to do; but upon conference with others, afterwards changed that his gracious purpose, and appointed me to attend him in a morning in my own chamber at Whitehall, which, being a ground room, would not put me to the trouble of going up stairs; and thither his majesty did vouchsate to come to me, there being nobody then present but his majesty and the duke. The king received me very graciously, with all those expressions which he had used to the duke; and when I asked him whether he had taken any offence at my carriage, and whether I had misbehaved myself in his service? he said, no, but the contrary, that I had served him very well, and that he believed no prince had a better servant; and that the resolution he had now taken was for my good and preservation; and so enlarged himself upon the resolution the House of Commons had taken to accuse me of high-treason, and the prejudice they had against me. I told him, that he might possibly be deceived in that information; and that if he examined it better, he would find that I was not a man so universally odious to any persons of power and interest to serve him; at least, that my lord Arlington and sir William Coventry, who were my known enemies, would not be found to be more popular than myself; that the manifestation of his displeasure in this manner would be so far from preserving me, that it would infallibly expose me to the malice of my enemies, and was upon the matter to call for accusations against me to gratify his majesty; As soon as the parliament came together, it and I told him then, as I had doue before, that quickly appeared that my enemies had so far sir William Coventry had taken upon him, prevailed with his majesty as to declare his own upon the day of the last prorogation, to offer displeasure against me, and against all those some leading men of the House of Commons, who appeared to have no ill opinion of me; that the chancellor should be sacrificed to and then nothing was spoken so much of as them, if that would content them. His majes- the resolution to take my life; and the lady ty told me, that he knew much more of the Castlemain declared that the duke of Buckingcombination that was against me than I did; ham was to sit lord high steward of England and that he was most assured, that if I were upon my trial, many wagers being laid in the not removed before the parliament met, it court that I should lose my head; and sir would not be in his power to preserve me; but Thomas Osborn, a person of great intimacy if I voluntarily gave up the place, and with- with the duke of Buckingham, had declared in drew into the country, he would undertake I the country, before his coming up to the parliashould not receive the least further trouble. I ment, that if the chancellor were not hanged, told him, the seal was in his own disposal, he he would be hanged himself. All which unmight take it when he pleased; but that I usual proceedings did not in the least degree would not bring the reproach upon myself, by terrify me; only the manifestation of the king's voluntarily giving it up, that I deserted his ser- so great displeasure against me (for what cause vice at a time when some men would believe God of heaven knows I cannot to this day imathat I might be of some use to him. His ma-gine) did afflict me as it ought to do: Upon jesty seemed to be resolved upon the matter, but dismissed me with many gracious expressions of his good opinion; which he continued, which I writ to the king, beseeching him not to give ear to the reports raised by my enemies; but to let me know in what I had offended him and to beseech him to be satisfied with the disgrace and damage I had already received. : reasonably require, and made no doubt of sending it me accordingly but the next morning From the beginning of the prosecution in be told the bishop of Winchester, that if the parliament against me, some persons who wish-king should grant such a pass, it might give great offence to the parliament, which hazard his majesty would not run, but renewed all the assurances he had before given for the security of my passage and I as positively refused to accept thereof and so continued in my house, and spoke every day publicly with many persons a full week after the time that the bishop had been with me, notwithstanding the daily advice and importunity I received from my friends and nearest relations to withdraw. It pleased God that the duke of York had been for some weeks sick of the small-pox, so that nobody had spoken with him of any busi ness for the space of near a month: but the malignity of the disease being spent, his majesty himself had, upon the last Friday in November, visited his royal highness; and saying little more then, than in congratulating his recovery, and expressing his own great joy in it, he came again to him the next morning early, and had some private conference with him. And the king no sooner departed from him, but the duke bid his wife send presently to me, and conjure me presently to be gone; that she should let me know that it was absolutely necessary for the king's service; and that I might be very confident and secure, that I should meet with no obstruction in the way, nor undergo the least damage in my honour or fortune by being gone. And upon this authority and command I did the same night, on Saturday the last of November, 1667, leave my own house, and went by coach to Erif, where I embarked; and it pleased God, after four days struggling with ill wind and weather, I arrived at Calais the Wednesday following. And I did no more in this adventure, whatever prejudice I have undergone by it, than I shall always do, in sacrificing my honour, and my life itself, upon the least intimation of his majesty's pleasure, and whenever he thinks his service may be advanced by it. And if any man shall yet think, notwithstanding all that I have said, that I ought not to have withdrawn myself, but to have remained there in prison, or any other condition they would have put me in, until I had been fully cleared upon a fair trial; he will, I hope, have so much compassion of me, as to think I had great difficulties to contend with, and will lament, on my behalf, that I am forced to undergo so hard a fate, after the age of threescore years, whereof thirty have been spent in the service of the crown; and for the prosperity whereof, and the happiness of his majesty's royal person, my daily prayers shall be poured out, in what condition soever I am in, and in what corner of the world soever I shall be confined or condemned to. ed me very well, and were well informed of the severe intentions against me, earnestly advised me to withdraw myself, and thereby to provide for my security; which I utterly refused to do. And it is well known, that the day when the House of Commons sent up their general impeachment of High-Treason against me, that my coach was ready, and waited three or four hours to carry me to the House, I expecting to be sent for till the rising of the House. When the debate grew so hot in the House of Peers, and that after many expostulations from the House of Commons, the House of Lords still refused to commit me to prison, I received new importunities from my friends to make my escape; and they were persuaded by some who had had the greatest hand in contriving my ruin, to believe that it would be grateful to the king, and that there should be no means used to obstruct my going away: And when nothing of this could work upon me, the bishop of Hereford (who had not carried himself so well towards me as some men thought I deserved from him) first sent to the bishop of Winchester, to persuade him to get me out of the kingdom; and confessed to him, that it was the king's desire, though he would not own it to any body else: and then came to me himself, pressing the same thing to me; and undertook, upon his salvation (which was his own expression), that I should neither be stopped in my passage, nor suffer in the least degree in my honour or my fortune by my absence; which he said I could not believe he would undertake without very good authority: and thereupon enlarged upon the calamities the kingdom must suffer by this difference between the two Houses, of which I should be looked upon to be the sole cause, and therefore had reason to apprehend what sense the people were like to have of it; and Mr. Seymour had the confidence to tell a noble lord of the House, who had vigorously opposed my commitment, that if the House of Peers did not comply with the House of Commons, the people would not only pull down my house, but the houses of all those Lords who adhered to me. I told the bishop, I was very innocent in all things laid to my charge, and therefore I was not to be terrified by any threats: however if it were thought fit for his majesty's service that I absented myself I would, without any consideration how far I might suffer in point of reputation, submit to his majesty's direction; only I desired that I might have such a pass as might secure me from being stopped, and exposed as a spectacle to the people, and as a man running away from justice; which the bishop thought I might > 216. The Trials of JOHN TWYN,* Printer, for High Treason; also of THOMAS BREWSTER, Bookseller, SIMON DOVER, Printer, and NATHAN BROOKS, Bookbinder, for Misdemeanors, at the Old Bailey: 15 CHARLES II. a. d. 1663. The Names of the said Grand Inquest being as followeth, viz. Arthur Jourdan, Arthur Browne, Simon Rogers, James Whetham, Ralph Blore, Isaac Barton, Roger Locke, Thomas Cooper, Samuel Taylor, Roger Hart, John Watson, Christopher Pits, Thomas Gerrard, John Cropper, Thomas Partington, Ralph Coppinger, Matthew Pelazer. FIVE several Indictments being drawn up, the morning. The Court being set, Proclamation was made: "O Yes! All manner of persons that have any thing more to do at this sessions of the peace, and sessious of Oyer and Terminer, held for the city of London and sessions of gaol-delivery holden for the city of London and county of Middlesex; draw near and give your attendance, for now the Court will proceed to the Pleas of the Crown of the said city and county. God save the king." Silence commanded. Clerk of the Peace. Set John Twyn to the bar: [who was set there accordingly.] John Twyn, hold up thy hand. Twyn. I desire to understand the meaning of it. [But being told he must hold up his hand in order to his trial, he held it up.] * "At the Sessions in the Old Bailey, 20th Feb. 15 Car. 2. John Twyn was indicted on the Stat. 25 Ed. 3, of High Treason, for compassing and imagining the king's death, and the overt act laid in the indictment was, the printing of a seditious, poisonous and scandalous book, entituled; A Treatise of the execution of justice, wherein is clearly proved that the execution of judgment and justice is as well the people's as the magistrate's duty, and if the magistrate's pervert judgment, the people are bound by the law of God to execute judgment without them, and upon them.' And besides Clerk, &c. Thou standest indicted in Lonthat title of the book, several passages in the don by the name of John Twyn, late of Lonbook were set forth in the indictment which indon, stationer, for that thou as a false traitor substance were, first, that the supreme magistrate is accountable to the people. 2. The people are incited to take the management of the government into their own hands. 3. The people are encouraged to take up arms against the king and his family. 4. They are stirred up to revolt, as an action honourable and con-giance, but being moved and seduced by the scientious, and encouragements given to any town, city or county in the three kingdoms to begin the work. 5. The people are exhorted, not only to cast off their allegiance, but to put the king to death. And upon the evidence it was proved, that Twyn being a printer, by himself and servants printed this book; That he corrected some of the sheets, and that he scattered many of them to be sold; and he was found guilty, and had judgment for high treason, and was accordingly exe-his subjects to make and move; the 27th day cuted. against the most illustrious Charles the 2nd, by the grace of God, of England, Scotland, France, and Ireland, king, defender of the faith, &c. thy supreme and natural lord and sovereign-not having the fear of God in thine heart, nor weighing the duty of thy alle instigation of the devil; and the cordial love, true duty, and natural obedience, which true and faithful subjects towards our sovereign lord the king bear, and of right ought to bear, altogether withdrawing; minding and with all thy force intending the peace and common tranquillity of this kingdom to disturb; and sedition and rebellion within these his majesty's kingdoms to move, stir up, and procure; and discord between our said sovereign and of October, in the year of the reign of our said sovereign lord Charles the 2nd, by the grace of God, &c. the 15th, at the parish of St. 'Bartholomew's, in the ward of Farringdon "At this trial were present of the judges the chief justice Hyde, and myself, and also my brother Wylde recorder of London, and resolved by all clearly, that printing and pub-without, London, aforesaid, traitorously didst lishing such wicked positions, was an overt act declaring the treason of compassing and imagining the king's death, which was also agreed by the rest of the judges upon our discourse with them." Kelyng. VOL. VI. compass, imagine, and intend the death and final destruction of our said sovereign lord the king, and the ancient and regal government of England to change and subvert; and our said Isovereign lord the king of his crown and re 2 L |