An exact narrative of the tryal and condemnation of John Twyn for printing and dispersing of a treasonable book with the tryals of Thomas Brewster, bookseller, Simon Dover, printer, Nathan Brooks, bookbinder, for printing, publishing, and uttering of seditious, scandalous, and malitious pamphlets : at Justice-Hall in the Old-Bayly, London, the 20th, and 22th of February, 1663/4. Twyn, John, d. 1664. 1664 Approx. 189 KB of XML-encoded text transcribed from 46 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A38938 Wing E3668 ESTC R15143 13347711 ocm 13347711 99166 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A38938) Transcribed from: (Early English Books Online ; image set 99166) Images scanned from microfilm: (Early English books, 1641-1700 ; 353:15) An exact narrative of the tryal and condemnation of John Twyn for printing and dispersing of a treasonable book with the tryals of Thomas Brewster, bookseller, Simon Dover, printer, Nathan Brooks, bookbinder, for printing, publishing, and uttering of seditious, scandalous, and malitious pamphlets : at Justice-Hall in the Old-Bayly, London, the 20th, and 22th of February, 1663/4. Twyn, John, d. 1664. Brewster, Thomas. Dover, Simon. Brooks, Nathan. [9], 78 p. Printed by Thomas Mabb for Henry Brome ..., London : 1664. "Published by authority" Reproduction of original in Union Theological Seminary Library, New York. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Brewster, Thomas -- Trials, litigation, etc. Dover, Simon -- Trials, litigation, etc. Brooks, Nathan -- Trials, litigation, etc. Twyn, John, d. 1664 -- Trials, litigation, etc. Freedom of the press -- England. Trials (Seditious libel) -- England. 2006-01 TCP Assigned for keying and markup 2006-02 Apex CoVantage Keyed and coded from ProQuest page images 2007-03 Ali Jakobson Sampled and proofread 2007-03 Ali Jakobson Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion An Exact NARRATIVE OF THE Tryal and Condemnation OF John Twyn , FOR Printing and Dispersing of a Treasonable Book , WITH THE TRYALS Of Thomas Brewster , Bookseller . Simon Dover , Printer . Nathan Brooks , Bookbinder . FOR Printing , Publishing , and Uttering of Seditious , Scandalous , and Malitious Pamphlets . At Justice-Hall in the Old-Bayly London , the 20 th . and 22 th . of February 1663 / 4. Published by AUTHORITY . London , Printed by Thomas Mabb for Henry Brome at the Gun in Ivy-lane . 1664. To the Reader . IT is by Authority , that these Tryals are Published ; and exact care has been taken , that the Criminals may be as fairly used in the Narrative , as they were at the Bar ; and how they were there dealt with , let the Reader judge . It may be noted in the first place , that of Four Lives forfeited to the Law , the Kings incomparable Clemency would take but One : for ( as the Lord Chief Justice Hide , often , and excellently observed ) It was only his Majesties Mercy toward the other three , to call that a Misdemeanour , which the Law calls Treason . In the next place may be observed , the Tenderness of the Court , not only in the large allowances of Freedom , and Favour to the Prisoners , while they were upon their Tryals , but in the Adjournment of the Sessions from Saturday till Munday , only for their sakes ; that they might want nothing , which even they themselves thought necessary for their defence . And Thirdly ; It is considerable , That the One half of the Jury were Book-sellers and Printers , whose Interest lay against the Verdict , if they had not been Governed by a stronger Impulse of Loyaltie and Justice . To descant upon the Hainousness of their Offences , is not within the Prefacers Commission ; neither shall any mention be made unnecessarily of their Names ; but to speak one word concerning the Books Themselves , for which they have suffered ; and Another , touching the Reasons of laying open to the World , what is here Exposed , will not I presume be altogether Impertinent , or Vseless . Of the Treatise for which Twyn dyed , a little shall suffice . It was Moulded and Timed for the 12 th ▪ of October , and any man that shall compare the Cast , and Bias of it , with the Rebels late Declaration in the North , will swear that they were Both written with the same Ink. It was in fine , an Arrow drawn out of a Presbyterian Quiver [ Lex Rex ] The very Shaft , that formerly pierced the Late King through the Heart , now Levelled at This. As to the Pamphlets whereupon the other Three were Indicted : viz The Speeches , and Prayers of some of the late Kings Judges , &c. Be it known to the Reader , that this Book was not , as it pretends to be , a true account of the words ( written , or spoken ) of dying men ; but a meer Forgery and Imposture , Fathered upon those , that were Executed ; but contrived by the Traytors that scaped ; as deeming it their safest way , to publish the designs of the living , in the words of the dead ; and the most conducing to their Project of destroying the Present King , to perswade the Multitude into a good Opinion of the Murder of the Last . To conclude ; Notorious it is , that the whole Libel is a Cheat , the Letters and Speeches a Counterfeit , and framed only by Recommending one Rebellion , to stir up Another . The Phaenix , ( whereupon Brewster only was Indicted ) was Printed soon after the burning of the Covenant by Order of Parliament , and bears for the Device , a Phaenix Rising out of the Flames . The Drift of which Book is to Charge Damnation upon the Deserters of that Impious League , and to Authorize a Rebellion . Upon the whole Businesse , These are but Three of above Three Hundred several Sorts of Treasonous , Seditious , Schismatical , and Scandalous Books , Libels , and Papers , Printed since His Majesties Return ; which are already Gathered into a Catalogue , and the Pamphlets Themselves in Readinss to be produced , whensoever Authority shall Require it . ( Beside Those Numbers that have Escaped the Observation of the Collector ) If there be any Man that will yet pretend to doubt of a Settled , Formal Plot against His Sacred Majesty , and the Establish'd Government ; let him but advise , with these Horrible Luxuriances of the Press , and he shall either Renounce his Reason , or Confess , that The Generality of all the Separate Factions , within the Kings Dominions , are Engaged in the Conspiracy , And it is no more wonder to find a People Distemper'd , that 's entertain'd with Poyson , instead of wholesome Nourishment , then to see the Sea Rage , when the Winds blow . Thus much said , might seem to give the Disaffected Party a greater Reputation then Convenient , were it not that their maine Design has lately suffered so Fatal a Disappointment ; that many of them are at this Instant , under a Course of Justice ; Others in Custody , and Expecting it ; and the Residue neither in Humour , nor Condition to prosecute the Quarrel ; Being so fully satisfied of the Vigilance , Power , and Activity of the Kings Friends , ( which in Effect , are as many , as either Love the Publique , or themselves ) that they find it morally impossible for them ever to bring any Villanie to Perfection , upon so desperate a Bottome ; Beside that they have Undeceived the World , and made appear to His Sacred Majesty , that all Mercy is lost upon them . To pass now to the Reasons of Publishing this Relation , and there to make an End. First , There has not been any One Traytor cut off by the Stroke of Justice , since the Blessed time of His Majesties Restauration , whose Case , and Tryal has not been Surreptitiously Printed , and Published ; and impudently , in Justification of the Offender , with most Scandalous Reflections upon the King , and His Government ( Except the Late Tryals in the North , which are violently presumed , to be at this Instant upon the Forge ) So that , To Prevent mis-informations , is one Reason of Publishing This Narrative . A Second is , To manifest the Insufferable Liberties of the Presse , and the Necessity of bringing it into better Order . Thirdly and Lastly , It is Published for a Caution to all Persons whatsoever , that they may see the Hazzard of Dispersing of Books , as well as Printing of them , and to the end that none presume to flatter themselves with an Expectation of coming off , in Cases of Treason and Sedition , upon the Plea of Trade , or Ignorance . His Majesty being Justly Resolved upon a Strict , and Necessary Severity toward all Offenders in that Kind for the Future . Five several Indictments Beeing drawn up , viz. One , of High-Treason ; against John Twyn , Printer , and the other Four , for Sedition , viz. Two against Thomas Brewster , Book seller ▪ One against Simon Dover , Printer ▪ and One against Nathan Brooks , Bookbinder , were Presented to the Grand-Inquest in London , at the sessions of Goale Delivery of Newgate , holden at Justice-hall in the Old Baily , the 19th ▪ day of February 1663. Except that against Brooks , which was found the day following , by the same Inquest . And after divers Witnesses were Sworn and Examined before the said Grand Inquest , the said Bils of Indictment were severally returned , Billa vera . The Names of the said Grand Inquest , being as followeth , viz. Arthur Jourdan , Arthur Browne , Simon Rogers , James Whetham , Ralph Blore , Isaack Barton , Roger Locke Thomas Cooper , Roger Hart , John Watson , Christopher Pits , Thomas Gerrard , John Cropper , Thomas Partington , Ralph Coppinger , Matthew Pelazer . Samuell Taylor . At Justice-hall in the Old-Bayly . February 20. in the Morning . THE Court being set , Proclamation was made : O Tes , All manner of Persons , that have any thing more to doe at this Sessions of the Peace and Sessions of Oyer and Terminer , held for the City of London , and Sessions of Goale Delivery , holden for the Citty of London , and County of Middlesex , ●aw 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 . ] Clerk John Twyn , Hold up thy hand . Twyn I desire to understand the meaning of it ; [ But being told he must held up his hand in order to his Tryall , he held it up ] Clerk. &c. Thou standest Indicted in London by the Name of John Twyn late of London Stationer , for that thou as a false Traitor against the most Illustrious Charles the second , by the grace of God , of England , Scotland , France and Ireland , King ; Defender of the Faith , &c. Thy supream and natural Lord and Soveraign — , not having the feare of God in thine heart , nor weighing the Duty of thy Allegiance , but being moved and seduced by the instigation of the Devill , and the cordiall Love , true Duty , and natural Obedience , which true and faithfull Subjects towards our Soveraign Lord the King , bear and of right ought to bear , altogether withdrawing , minding and with all thy sorce intending the Peace and common tranquility of this Kingdome to disturbe ; and Sedition and Rebellion within these his Majesties Kingdomes to move , stir up , and procure ; and discord between our said Soveraign and his subjects to make and move ; The 27. day of October in the Year of the Reign of our said Soveraign Lord Charls the second , by the grace of God &c. the 15th . at the Parish of St. Bartholmews in the Ward of Farrington without London aforesaid , traiterously didst compose , imagine , and intend the death and final destruction of our said Soveraign Lord the King , and the Ancient and Regal Government of this Kingdome of England to change , and subvert : And our said soveraign Lord the King of his Crown , and Regall Government to depose , and deprive ; And these thy most wicked Treasons , and Traiterous imaginations to fulfill , thou the said John Twyn , the said 27. day of October in the year aforesaid , in the Parish and Ward aforesaid , advisedly , Devillishly and Maliciously didst declare , by Imprinting a certain Seditious , Poysonous and scandalous Book , Entituled , A Treatise of the Execution of Justice , &c. — In which said Book , amongst other things , thou the said J. Twyn , the 27th . day of October in the Year aforesaid , in the Parish and Ward aforesaid , falsely , maliciously and Traiterously didst imprint , &c. — Against the Duty of thy Allegiance , and the Statute in that case made and provided ; and against the peace of our said Soveraign Lord the King , his Crown and Dignity . What sayest thou , John Twyn , art thou Guilty of this High Treason , whereof thou standest indicted , or Not Guilty ? Twyn . I desire leave to speak a few words ; My Lord , I am a very poore man : I have been in Prison severall Moneths — Cl. Are you Guilty , or not Guilty ? Twyn . With all due submission to your Honours ; I desire to speak a few words — Lord Chief Just Hide , You must first plead to your Indictment , and then you may say what you will ; That 's the Rule of the Law ; We receive no expostulations till you have pleaded to the Indictment , Guilty or not Guilty . Twyn . I do not intend to answer to the Indictment , by what I shall now say ; I am a poore ▪ man , have a Family and three smal Children , I am ignorant of the Law , and have been kept prisoner divers moneths . — L. Hide Pray plead to the Indictment ; you shall be heard ; say what you will afterwards . Twyn I humbly thank you my Lord. Cl. Are you Guilty , or not Guilty ? Twyn . I beseech you to allow me Councel , and some consideration ; I desire it with all submission . L. Ch. Ju. Hide . You must Plead first ; then aske what you will. Cl. Are you Guilty or not Guilty . Twyn . Not Guilty of those Crimes . L. Ch. Ju. Hide . God forbid you should . Cl. How wilt thou be Tryed ? Twyn I desire to be Tryed in the presence of that God that is the searcher of all hearts , and the disposer of all things . L. Ch. Ju. Hide . God Almighty is present here ; there is no other Tryal by the Law of England , but by God , and the Peers ; that is the Countrey ; honest men . You shall have all your challenges , and all that 's due to you , by the help of God ; we are bound to be your Councel , to see you have no wrong ; therefore put your self upon your Tryal , say how you will be Tryed . Twyn . I desire to be Tried in the presence of God. L. Ch. Ju. Hide . So you shall ; God Almighty is present here ; looks down , and beholds what we do here , and we shall answer severely if we do you any wrong . We are as carefull of our soules , as you can be of yours . You must answer in the words of the Law. Twyn . By God , and the Countrey . Cl. God send thee a good deliverance . L. Ch. Ju. Hide . Now say what you will. Twyn . I am a very poor man. L. Ch. Ju. Hide . Nay , let me interrupt you thus farr , what ere you speak in your defence to acquit your self of this Crime , that you may reserve till by and by ; This is but an Arraignment , afterwards the Evidence for the King is to be heard , then make your defence ; If you have any Witnesses on your part , let 's know their names , we 'le take care they shall come in . If I did not mistake ; you desired to have Councell ; Was That your request ? Twyn . Yes . L Ch. Ju. Hide . Then I will tell you , we are bound to be of Councell with you , in point of Law ; that is , the Court , my Brethren , and my Self , are to see that you suffer nothing for your want of knowledg , in matter of Law ; I say , we are to be of Councell with you ; But for this horrid Crime , ( I will hope in Charity you are not Guilty of it , but if you are ) it is the most Abominable and Barbarous Treason that ever I heard of , or any man else ; The very Title of the Book ( if there were no more ) is as perfectly Treason as possibly can be : The whole book through ; all that is read in the Indictment ; not one Sentence , but is as absolute High Treason , as ever I yet heard of . A company of mad brains , under pretence of the Worship and Service of God to bring in all Villanies and Atheisme , ( as is seen in that Cook ) what a horrid thing is this ! But you shall have free liberty of defending your self . To the matter of Fact ; whether it be So or No ; in This case , the Law does not allow you Councel to Plead for you ; but in matter of Law , We are of Councell with you , and it shall be our care to see that you have no wrong done you . Cl. Set Simon Dover to the Barr ; [ Who being set , his Indictment was read , to the purpose following . ] Thou standest Indicted in London , by the name of Simon Dover , late of London , Stationer , for that thou , &c. the 15th . day of February , in the 13th . year of the Reign , &c. at the Parish of St. Leonards Fosterlane , in the Ward of Aldevsgate , London , Falsly Maliciously and Wickedly didst Imprint a Certain , Fals , Malicious , Scandalous and Seditious Book , Intituled . - The Speeches and Prayers of some of the late Kings Judges &c. and the same didst Sell & Vtter , against the duty of thy Allegiance , &c. How sayest thou Simon Dover ; art thou Guilty of this Sedition and Offence , whereof thou standest Indicted ; or not Guilty ? Dover , My Lord , and the Honourable Bench , I desire I may be heard a few words , — L. Ch Ju. Hide . When you have Pleaded , you shall . Dover , I shall be willing to Plead , — L. Ch Ju. Hide . You must either confess it , or Plead not Guilty . I hope you are not Guilty of this Foule Crime . Dover , I am Not , by the Laws of England , Guilty L. Ch. Ju. Hide , You shall be Tryed by the Laws of England , whether you are Guilty or No. Dover , I am willing to be so , and I am glad I am come before you to that purpose ; having been long a Prisoner , I am not Guilty of any thing in this Indictment , neither as to Matter , Time , nor Place . L. Ch. Ju. Hide , What do you mean by Time , and Place ? Dover , I am not Guilty in Manner or Forme ; And now my Lord , I being altogether ignorant of the Law , I humbly beg Councell , and a Copie of my Indictment ; I hope I shall not be destroyed , because I am ignorant of the Law ; I have been eighteen weeks close prisoner . L. Ch. Ju. Hide , What would you have ? Dover , I desire Time and Councell assigned me , and a Copie of my Indictment . L. Ch. Ju. Hide , For a Copie of your Indictment , though it be for a Foule Offence , yet ( in favour to you , it being not made so Capital as the other ) we cannot deny it you , for Councel , you may have what you will , we need not assign it . [ Make him a copie , ] but I will tell you , We shall try it , now . Dover , I do protest I knew not what I came for , I never imagined what my Indictment was , I know not what there 's in 't . — L. Ch. Ju. Hide , You shall have a Copie made presently ; If you have Councel , or Witnesses , send for them ; we must try you to day , but you will have some time , for we will begin with the other . Dover , I beg I may have a Copie of the Indictment , in English , I cannot understand Latine . L. Ch. Ju. Hide . That that is against you , is in English ; the Latine signifies no more , but that you did Seditiously and Malitiously Print all that which is in English Dover , I hope I have done nothing , but I shall acquit my self of . L. Ch. Ju. Hide , I hope you may ; But we can give you nothing but a Copie of the Record : send for your own Clerke to understand it . Cl. Set Thomas Brewster to the Barr. [ Who was set ; And then his Indictment was read ; ] which was , that he the faid , Thomas Brewster , late of London Stationer , Not having , &c. ( in the forme aforesaid ) the 15th . day of February , &c. at the Parish of Little St. Bartholmews , in the Ward of Farington without London , Maliciously , &c. did cause to be imprinted the aforesaid Book of Speeches , and Prayers , &c. and the same did Sell and Vtter , against the duty , &c. Who being demanded whether he was Guilty of that Sedition and offence ? answered . Not Guilty . Cl. How will you be tryed ? Brewster , By God and the Countrey . Cl. God send thee a good deliverance . L Ch. Ju. Hide , Say what you will now . Brewster , May it please your Lordship , I am wholy Ignorant of the Proceedings of the Law ; I have been a close prisoner these eighteen Weeks , no body to advise with me , scarce my wife suffered to come to me ; I desire some time to take advice . L Ch ▪ Ju. Hide , I doubt we shall not be able ? If you mean till next Sessions , — Brewster , No my Lord , I have had too long Imprisonment already , would I had been here the first Sessions after I was a Prisoner . Lord Ch. Ju. Hide . If you desire a Copie of the Indictment , and Councel , you shall have it . Brewster ▪ I humbly thank you ; but I must have time to consult them , or they will do me little good . L Ch Ju. Hide , If you have any friends , or Witnesses , you may send for them . Brewster , I thank you my Lord. Cl. Thomas Brewster , Thou standst again Indicted in London by the name of , &c. For that thou not having , &c. The 10th . day of July , in the 13th . year , &c. at the Parish of Little St. Bartholmews , in the Ward of Farington without London , &c. Falsely , Maliciously , Scandalously and Seditiously , didst cause to be Imprinted ; a Book Intituled , The Phaenix , Or the Solemn League and Covenant : &c. — And the said Book didst Sell and Vtter , against the duty , &c. How saist thou ? Art thou Guilty of this Sedition and Offence , whereof thou standest Indicted ; or Not Guilty . Brewster , Not Guilty my Lord. Cl. How will you be Tryed ? Brewster , By God and the Countrey . Cl. Nathan Brooks to the Barr. Thou standest Indicted in London by the Name of Nathan Brooks , late of London Stationer ; Not having , &c. ( the same as to make time and place with that of Dovers ) and knowing the said Book to be Scandalous and Seditious ; did Sell , Vtter , and Publish the same against the duty , &c. How sayst thou Nathaniel Brooks ? Art thou Guilty of this Sedition and Offence whereof thou standest Indicted , or Not Guilty . Brooks , Not Guilty . Cl. How will you be Tryed ? Brooks , By God and the Countrey . Cl. God send thee a good deliverance . L. Hide , If you desire to have a Copie of your Indictment , and Councel , you may have it . Brooks , I am a poor man , I have not money to get Councel , I hope I shall not want that that belongs to me by Law , for want of money . L Hide , You shall not by the Grace of God. Cl. Set John Twin , Simon Dover , Thomas Brewster , and Nathan Brooks to the Barr. Cl. John Twyn , Those men that you shall hear called , and Personally appear , must pass between our Soveraign Lord the King and you , upon Trial of your Life and Death ; if you will challenge them , or any of them , you must do it when they come to the Book to be Sworn , before they be Sworn ; And you that are for the Seditions and Offences , look to your challenges . Dover , We desire we may have a Jury of Book-sellers and Printers ; they being the men that only understand our businesse . L , Hide , There are those already that understand it as well as Book-sellers or Printers ; besides , half the Jury are such , and they are able to make the rest understand it , but you may challenge whom you will. The Jury were , William Samborne , William Hall , William Rutland , John Williams , Thomas Honylove , James Flesher , Robert Lucas , Simon Waterson , Robert Beversham , Samuel Thomson , Richard Royston Thomas Roycrost . Who were severally Sworn by the Oath following . You shall well and truly Try , and true deliverance make , between our Soveraign Lord the King , and the Prisoners at the Barr whom you shall have in charge according to your Evidence , so help you God. All foure . We are all satisfied with this Jury . Cl. Cryer , Make Proclamation . O Yes , If any one can informe my Lords , the Kings Justices , the Kings Serjeant , or the Kings Attorney , before this Inquest be taken between our Soveraign Lord the King , and the Prisoners at the Barr , let them come forth and they shall be heard , for now the Prisoners stand at the Barr upon their Deliverance ; and all others that are bound by Recognizance to give Evidence against any of the Prisoners at the Barr , come forth and give evidence , or else you will forfeit your Recognizance . Cl. John Twyn , Hold up thy hand , You of the Jury look upon the Prisoner and hearken to his Cause , you shall understand that he stands Indicted in London , by the name of John Twyn Late of London , Stationer ; [ here the Indictment is read over again ; ] Vpon this Indictment he hath been Arraigned , and thereunto hath pleaded Not Guilty ; and for his Tryal , hath put himself upon God and the Countrey , which Countrey you are ▪ your charge is to inquire whether he be Guilty of the High Treason , in manner and forme as he stands Indicted , or not Guilty ; if you finde him Guilty , you shall inquire what Goods and Chattels , Lands and Tenements he had at the time of committing the said Treason , or at any time sithence : If you finde him not Guilty , you shall inquire whether he fled for it ; if you finde that he fled for it , you shall inquire of his good and Chattels , Lands and Tenements , as if you had found him Guilty ; if you finde him not Guilty , nor that he did fly for it , say so , and no more , and heare your Evidence . Mr. North , Barrister of the Law. John Twyn , Stands here Indicted , for that he as a false Traytor to the most Illustrious Charles the second , &c. Not having the fear of God before his eyes nor weighing the duty of his Allegiance , &c. [ here was opened the form of the Indictment ] to which he hath Pleaded Not Guilty ; if there shall be sufficient Evidence given you of the charge in the Indictment you must do the King and the Nation that Justice as to finde him Guilty , that sentence of Law may passe upon him . Mr. Serjeant Morton , May it please your Lordships , and you Gentlemen that are sworn of this Jury , I am of Councell with the King ▪ against John Twyn , the Prisoner here at Barr ; who stands Indicted of a most Horrid , and Damnable Treason . It is , The Compassing and Imagining the Death of the King , to deprive him of his Crown and Royal Government , and to Alter and Change the Antient Legal and Fundamental Government of this Kingdome : which he has indeavoured to do and did intend to do , by Printing a Traiterous and Seditious Book , which in it self contains as many and as great Treasons as it was possible either for the Malice of the Devil or the Corrupt and Treasonable thoughts of Blood-thirsty Men to invent ; It contains Treasons against the King in his own Royal Person ; against his Government , both Ecclesiastical and Civil ; full of Treasons , ( as my Lord Chief Justice was pleased to observe to you ) Treasons against the Queen , Scandals against all manner of Profession both in Church and Kingdom , of Magistracy , and Ministry : My Lord , there are in this Indictment Thirteen Paragraphs of that Treasonable Book Recited , and each of them contains as many Treasons , as there be lines in it ; nay ( My Lord ) this Treasonable Book , it was intended to set a Flame in this Nation ; to raise and stir up Rebellion in this Kingdom against the King and his Government . I shall observe to your Lordship , the Time when it was to be Printed : It was in the beginning of October , your Lordship knows , and I do not doubt but the Jury have heard , that there was a great and dangerous design in this Nation , set on foot by men of dangerous Principles , to Imbroyle this Nation in a New Warr , for the destruction of the King and his Government ; It was Executed in part , as farr as Time and other Circumstance would give way and leave to the undertakers ; ( the 12. of October last ) and my Lord , it was proved upon the Execution of a Commission of Oyer and Terminer at York , that there was a Council here in London , that sat to prepare matter for an Universal Rebellion all England over ; they sent their Agitators into the North , West , all parts ; to give notice to their Party to be ready to Rise at a certain time ; several dayes were appointed , but it seems they could not be ready till that 12th . of Octob. for the Seditious Books that were to lead on that Design , and the Libels and Declarations could not be Printed before that day ; and truely that had been Printed and Published too , if there had not been great Diligence used by the Kings Agents and Ministers , to take them just as they were preparing it . This Book , Gentlemen , doth contain a great deal of Scandal upon the Kings Government , dispersing False and Base Rumours , to the prejudice of it . It is a rule in my Lord Cooke , that the dispersing of false and evil Rumours against the King and Government ; and Libels upon Justices of the Kingdom ; they are the forerunners of Rebellion . We shall now go the proof ; we shall prove that this Prisoner at the Bar , to Print this Book , had two Presses in one Roome ; that he himself did work at one of those Presses , his Servants at the other , by his Command and in his presence : That he did Compose part of it . Print the sheets , Correct the Proofs , and Revise them all in his own house , which were corrected and brought back into the Work-house by himself , in so short a time that they could not be carryed abroad to Correct , so that he must needs Correct them himself : That this Work was done in the Night time , ( and it was proper , it was a deed of great darknesse and not fit indeed to see the light , and it was well it was strangled in the Birth , or else for ought I know we might by this time have been wallowing in our blood ) We shall make it appear , that this man when Mr. Le-Strange came to search his house , brake the Forms , conveyed away as many of the Sheets as he could from the Presse to other places ; yet notwithstanding , Gods Providence was so great in the thing that he left there three or four sheets , which Mr. Le Strange , then seized on , and many more within a little time after : And somewhat of the same matter , remained upon part of a Form of I etter , which his hast would not give him leave to break ; When he was charged with it by Mr. Le Strange , he confessed that he had printed some sheets of this Seditious Book , and being demanded by Mr. Le Strange , what he thought of it ? He told him , he thought it was mettlesome stuff ; he had great joy in it , he confessed he had received money for printing of this ; and much other matter , taken upon Examination before Mr. Secretary . We shall call our Witnesses ; I should have observed to you , that this man would have it done with all the privacy that could be , and to be done forthwith ; there was great hast of it , about the beginning of October and the designe in the North , was upon the Twelfth , so that it was clearly intended for that Designe . Several Witnesses new sworn . Joseph Walker My Lord , whereas my Master is Indicted for Printing this Book — Lord Hide Your Master ? Who is your Master ? Walker He at the Bar. L. Hide . What say you of it ? Walker I desire to see the Book , [ it was shewed him . ] About the foure first pages of this Treatise I composed . L. Hide . Who delivered it to you to compose ? Walker . My Master delivered the Copy to me . L. Hide . What doe you mean by Composing ? Walker . Setting the Letters . L. Hide . Well , and you set the letters to Print according to the Copy , and you had it of your Master , had you ? Walker . Yes my Lord ; but all this Copy we did not print . [ Part of the Copy in manuscript being shewed him , he said , he composed by that copy . ] Serj. Morton . How much did you Print ? Walker . About three sheets . Serj. Morton . How many of those did your Mr. compose ? Walker . Truly Sir I cannot tell . L. Hide . Did he compose one ? Walker . As to a whole one , I cannot say . Mr. Recorder . Did he Compose the Title ? Walker . Here is no Title . Mr. Recorder . No ? Read the top . Wal. A Treatise of the Execution , &c. [ He reads the Title . ] Recorder . Did your Master Compose that ? Walker . No , I did . L. Hide . Did your Master give you that to Compose ? Walker . Yes . Serj. Morton . Who Composed the second , third , and fourth sheet ? Walker . I Composed some of them , but to particularize I cannot . L. Hide . Who gave you what you did ? Walker . My Master . L. Hide . Can you turn to any part of that you did Compose ? Walker , I cannot tell that . L. Hide . You Composed you say foure pages ; there are eight in a sheet , who composed the other of the same sheet ? Walker . I think my Master did . L. Hide . At the same time and in the same room with you ? Walker . He wrought not in the same Room . L. Hide After you had stampt the sheet , who did peruse , and over-read it , to see if it were right ? Walker . I carried them into the Kitchen and laid them down upon the Dresser by my Master . L. Hide . Who compared them ? Walker . I know not . L. Hide . Who brought them back to you ? Walker My Master brought them into the Workhouse and laid them down . L. Hide . Was there any body in the house that might Correct it ? Walker . Not that I saw . L. Hide . When you had carried a sheet down , how long was it ere it was brought back again ? Walker . About an hour , or an hour and a half . L. Hide . Was there any body in the house besides you and your Master ? Walker . There was my fellow Apprentice , and the Woman that keeps the House . L. Hide . Were there no strangers there ? Walker . No my Lord. Mr. Rec. Were they Printed in your Masters house ? Walker . Yes . Serj. Morton . What room ? Walker . In the Press-room . Serj. Morton . Did your Master work at the Presse about this work , any part of the time ? Walker . Yes , I saw him beat some sheets . L. Hide . When you had printed one sheet , were there not some mistakes of the Letters to be mended ? Walker . Yes , there were Literals . L. Hide . Who made the Amendment ? Walker . Upon my Oath I cannot tell . L. Hide . Do you believe it to be your Masters ? Walker . I cannot tell that . L. Hide . Have you seen your Master write heretofore ? Walker . I have seen him write , but because I have heard of them that could counterfeit mens hands , I dare not swear it was his Writing . L. Hide . Were the amendments that were brought back , like his hand ? Walker . The Letters were something like them , but I cannot swear positively , that they were his . L. Hide . No , that you cannot , unless you saw him write them ; but was it like his hand ? Walker . It was not much unlike his hand . Mr. Recorder . Did not your Master use to correct other works before this ? Walker . Yes . Mr. Recorder . Then by the Oath that you have taken , were not the corrections of this Book like those of other corrections by his own hand ? Walker . I know not that . Mr. Record . Did any body correct books in your house but your Master ? Walker . No Sir. Serj. Morton . Did not you see your Master with Copie ? Walker . Yes he had Copy before him . Serj. Morton . What time was this Printed ? by night , or by day ? Walker . In the night time . Serj. Morton . What directions did your Master give you about Printing it , did he direct any privacy ? Walker . He was not much desirous of that . Mr. Record . At what time did you work about it ? Walker . In the morning , from two till four or five Serj. Morton . Pray Sir thus ; were you in the house when Mr. L'Estrange came up ? Walker . Yes . Serj. Morton . Were you at work then , or before ? Walker . Not when he was above , but immediately before , I was . Mr. Record . You are not bound to conceal Treason , though you are bound to keep your Masters secrets . Serj. Morton . What were you then at work upon ? Walker . Upon the signature D , the sheet D of this Treatise . Serj. Morton . What did your Master say when you told him Mr. L'Estrange was below ? Walker . Very few words ▪ I cannot be positive in them . Seri . Morton . To what purpose were they ? Walker . Hearing some body knock at the door , I went down into the Composing room , and looked through the window , and saw people ▪ I imagined Mr. L'Estrange was there , and I told my Master ▪ whereupon he said , he was und●ne , or to that effect . Mr. Record . Did he not wish you to make hast in composing it . Walker . No he did not . Mr. Record . How long had you been at work upon it ? how many dayes ? Walker . I cannot tell justly . Mr. Record . You can gess . Walker . About three or four dayes . Mr. Record . Did not your Master work in that time ? Walker . He was in the Work-house , and did set Letters . Mr. Record . Did he not likewise Print ? Walker . Yes he did . Serj. Morton . Did not you by his direction break the Form when Mr. L'Estrange came to search ? Walker . I brake one indeed . Mr. Serj. Morton . What became of the other ? Walker . My fellow prentice brake it . Mr. Serj. Morton . By whose direction ? Walker . I had no order for it , I brought it down and went to set it against a post , and it fell in peices . Serj. Morton . Did you ask your Master who delivered him this Copy to Print ? Walker I did ask him two several times , but he made no answer . Lord Hide . Did he not say , He would not tell you ▪ or that it was no matter to you ? nor nothing ? Walker . Yes he did afterwards say it was no matter to me . Mr. Record . Did not your Master nor fellow-apprentice tell you who brought the Coppy ? Walker . No. Mr. Record . And did not you know ? Walker . No. Serj. Morton . Was he not used to tell you the Authors of books that you printed ? Walker . The Authors he did not ; but for whom they were printed he used to tell me : My Lord I humbly beg pardon for what I did , I was his Apprentice . Lord Hide . How many sheets did you print ? Walker . Two Reams on a sheet , which makes 1000. Lord Hide . The first page , being the Title of it , your Master brought to you to compose ; At the same time when you were composing one part , your Master was composing another part of the same sheet in the next room , And part of it your Master did print as well as compose , I think you said this . Walker . Yes . Lord Hide . Likewise that the proofs were carried to him to overlook , and he brought them back within an hour or an hour and half after , and laid them down in the work-house ; and that you saw the hand of the amendments , but you cannot swear it was his , only you say , that it was not unlike it ; and that he had corrected former sheets that you had printed , and that the hand with which he corrected others , and this , was alike ; and that there was no stranger in the house to correct it . Walker . Not that I saw . Lord Hide . This is the substance of what you said . Walker . Yes . Mr. Record . Did your other man , or you , ever correct ? Walker . No. Mr. Record . Did he use other Correctors at any time ? Walker . Yes about some books . Mr. Record . What Books . Walker . Hookers Ecclesiastical Policy . Lord Hide . You did rise to work at two of the clock in the morning about it , and your Master said when you told him Mr. L'Estrange was below , that he was undone . Walker . It was so my Lord. Mr. North Mr. L'Estrange , Pray tell my Lord and the Jury of your taking this . Mr. L'Estrange . My Lord I do remember that three or four daies or thereabouts before the twelfth of October last , I had notice of a Press that had been at work for several nights in Cloth fair , and imployed a person to watch the house ; who told me that they still gave over early in the morning , at day light , or soon after ; At length , intelligence was brought me in these very words , That now they were at it as hard as they could drive ( which was about four in the morning ) I arose , went to one of the Kings Messengers , and desired him to take a Printer by the way , who did so , and I call'd up a Constable , and so went to Twyns house , where we heard them at work : I knocked a matter of a quarter of an hour , and they would not open the door , so that I was fain to send for a Smith to force it ; but they perceiving that , opened the door and let us in ; there was a light when we came , but before the door was opened it was put out : when I was got up stairs , and a candle lighted , I found a form broken , ( that is , the letters dispersed ) only one corner of it standing intire , which was compared by a Printer that was there , with a corner of a page newly printed , and appear'd to be the same ; This form was brought down out of the Press room into the composing room . As yet we could not find the whole Impression , but at last they were found thrown down a pair of back stairs , ( I remember ) they told me the Impression was a thousand : I asked him where he had the copy ? he told me he knew not : it was brought to him by an unknown hand ; I told him he must give an account of it ; he told me at last he had it from Calverts Maid ; I ask'd him where the copy was , he told me he could not tell , ( when I speak of the Copy , I mean the manuscript ) we searched near two hours and could not find it ; and at length went thence to the Constables house in Smithfield , and staid there a while with the prisoner . I asked him ( Mr. Twyn said I ) who corrected this sheet ? Alas , said he , I have no skill in such things ; who revised it then ? who ●i●ted it for the Press ? Truely I had no body but my self ; I read it over ; What thought you upon reading it ? Methoughts it was mettlefome stuffe , the man was a hot fiery man that wrote it , but he knew no hurt in it . Serj. Morton When you had taken these sheets , were they wet , or not ? Mr. L'Estrange . They were not only wet , but half of them were imperfect , printed only on one side ; missing the copy , I told him after he was carried to Whitehall , ( Mr Twyn said I ) it may possibly do you some good yet to bring forth this Copy , if you will be so ingenuous to produce the Copy , and discover the Author you may find mercy for your self , pray therefore get this copy , perchance I may make some use of it . After that , his servant , Bazilla Winsor brought out this part of the Copy . [ producing a sheet of the Manuscript in Court. ] Lord Hide . Joseph Walker , was the whole copy of this book in the house at that time when you composed that which you did ? Walker . I cannot tell ; I saw it but sheet by sheet . Mr. Recorder . Did not you see the whole intire Copy in your Masters hand ? Walker . No , but [ taking some part of the Manuscript in his hand said ] this is the hand that I composed by . Mr. Record . Mr. L'Estrange where had you the entire Copy . Mr. L'Estrange . It was only the Copy of the last sheet that I took in the Press . Mr. Record . Who helped you to that ? Mr. L'Estrange . Bazilla Winsor , by direction of the Prisoner as I conceive , for I told him if you can help 〈◊〉 to the Copy , it may do you some good and soon after , part of it was brought me by her . I asked Mr. Twyn further , How did you dispose of those sheets which you had printed , those several heaps whether are they gone ? He told me he had delivered those sheets to Mistriss Calverts maid , at the Rose in Smithfield Mr. Record . You say he told you Mistriss Calverts maid received them of him , Did you since speak with that maid . Mr. L'Estrange . I was long in searching Twyns house and one of his Apprentices made his escape , and probably gave notice of it , for the night I went to Mistriss Calverts house , she and the maid too were fled , I have since taken the Mistress and she is now in custody , I have heard nothing of the maid since J. Keeling . Twyn owned to you that he had corrected some of the sheets , that he had read them , and sa d it was mettlesome stuff Mr L'Estrange . I did ask him in the house of the Constable : Who corrected this ? the Corrector must certainly know what it was . Said he , I have no skill in correcting . But when I speak of correcting , I mean who revised it , overlooked it for the Press ; I read it over , sayes he . Twyn . I never said such a word . Mr. L'Estrange . He spake this in the presence of two or three here present ; could you read over this Book , said I , and not know that it was not fit to be Printed ? I thought it was a hot fiery fellow , it was mettle or mettlesome stuff , some what to that effect . Serj. Morton . What did you hear him confess before Sir Hewy Bennet ? Mr. L'Estrange . He owned the thing , that is , he acknowledged he had printed the sheet , I shewed there , and two other sheets of the same Treatise . Serj. Morton . Did he acknowledge he corrected them . Mr. L'Estrange . I know not whether before Sir H. B. he did , or no. Serj. Morton . What know you about money received by him . Mr. L'Estrange . He said Calverts maid paid him 40 s. in part for that work . Twyn . I said I had received money of Calverts maid for work I had done , but named not that . Mr. Dickenson Sworn . About the seventh day of October , it being Wednesday as I remember , about five a clock we attended Mr. L'Estrange , my self and others ; we came to the house of the prisoner , in Cloth-fair and ▪ upon the backside of his house we stood listening a good while , and heard Presses a working ; upon that , I came to the fore part , by Mr. L'Estranges order , and knocked , but none would answer , I took the Constables staff and knockt again , and none would answer yet ; After that , Mr. L'Estrange knockt near half an hour and no body coming , he at last sent for a Smiths hammer to force it open . Afterwards , they came down , and opened the door . Then Mr. L'Estrange , and the Printer ( Mr. Mabb ) went up stairs , I continued below with the Constable , and the Kings Messenger to observe whether any went in or out . After which , some sheets fell down on the other side of the house , meeting with one of them , and perceiving they had discovered the sheets they inquired after , I read some part of it , and finding what it was , I went up and found the sheets thrown behind the door ; Mr. Twyn ( said I ) I wonder you would Print such a thing as this , you could not choose but know that it was very dangerous to do any such thing ; he answered , that He did not consider what it was ; questionless said I , you could not but know it was very dangerous , for when you revised it , you must needs know the sence of it , and think it was a dangerous business , what did you think of it ? saies he I thought he was a good smart angry fellow , it was mettlesome stuff ; or to that purpose . This was the substance of our discourse : I did see some of the sheets Printed on one side , and some on both sides , the Form lay disordered , yet not so , but there was one corner of it yet remaining , and I having the sheet in my hand did compare them together ; and to the best of my remembrance I do remember these very words , Execution of Judgement , and Lord have . L ▪ Hide . Who did he say revised the Press ? Dickenson . He seemed to confess that he had corrected it himself , for when I urged it to him that he could not chuse but know the matter of it by reading it ? truly saies he , I thought he was an angry smart fellow , it was good mettlesome stuff indeed . Judge Keeling . The question asked by my Lord , is , whether he did confess he revised it , or whether you did collect it from his reply ? Dickenson . Truly by that answer I guessed he corrected it . Recorder . Did he confess that he read it ? Dickenson . I put that question to him , and to the best of my remembrance he did not deny it . L. Hide . To Mr. L'Estrange he confessed he read it over . Tho. Mabb Sworn . My Lord I was with Mr. L'Estrange in this mans house , and being there , going up , we found the Press had been lately at work , there was at each Press a sheet lay , I took them off the Tinpin [ some of the Jury understand that term ] they were just laid upon the Points , printed on one side , I gave Mr. L'Estrange these two sheets , the same with these [ shewing two sheets ] some were perfect , others imperfect ; I could not find the Forme a great while , I gave him the sheet to peruse ; and in the mean while I went down , and below I found the two Formes , but broken , somewhat indeed was standing ; whereof I took part in my hand , and read in the letters ; Mr. Dickenson having the sheets , he heard what I read , and looking on the sheet found them agree . Twyn . What were the words that you read ? Mr. Mabb . The words were Execution and Judgement , and Lord have — There was a back pair of stairs out of his Press room , partly between his house and his neighbours , and in the hurry they had thrown the sheets down there , part fell behind the door , and part at the bottom . When I questioned him how many was done ? he said five hundred , but I adjudged those I saw to be about seven hundred and fifty ; looking again over the door I espied the remainder of the sheets about two hundred and fifty more , and I brought them together , and then he owned there was one thousand . L. Hide . What else do you know ? Mr. Mabb . At the Constables house , I heard him use the words , that it was mettlesome stuff , and that no body corrected it but himself ; said I , I wonder you would offer to do it , you could not compose it but you must understand it . Said he , It was my bad fortune to meddle with it ; said I , You lost a Press but a little while since , I wonder you would do this ; he seemed to be sorrowful . Serj. Morton . He did confess he corrected it . Mr. Mabb . Yes my Lord. Twyn . No my Lord I did not . John Wickham Sworn . Upon the seventh of Octob. as I take it , about four a Clock in the morning Mr. L'Estrange came to my house , being one of the Kings Messengers , and told me I must go immediately with him to Cloth fair , and sent me to call one Mr. Mabb by the way . I met Mr. L'Estrange near Mr. Twyns house ▪ between five and six a Clock , we had a Constable and went and knocked at the door , they knocks at least half an hour before they got in ; I heard some Papers tumbling down , and heard a ratling above before they went up , but I stood at the back door to secure any from running out that way : and at last , when they said there were some sheets thrown into the next house , I went and look'd and there were two or three hundred , and they were wet , newly come off the Press , that 's all I can say . Serj. Morton . Did you hear this man say that he had corrected it ? Wickham . No , but I having him in custody at my house , I asked him about it , he said , It was a very bitter thing , that it was his unhappy fortune to meet with it . Jury ▪ Did he confess he Printed it ? Wickham ▪ Not to me . Serj ▪ Morton . He said , It was a Bitter Thing , and that it was his unhappy Fortune to meet with it ▪ make the best of tha● , compare that with the rest of the Evidence . William Story Sworn . Gentlemen of the Jury , Upon the seventh of October last early in the morning , I was sent for to Mr. L'Estrange into Cloth fair , we went to the house of this Twyn , after some time knocking , they went up stairs and brought down several papers , I know not what they were . I went into the next house with Mr. Wickham , and there we found two or three hundred sheets , and brought them to Mr. L'Estrange . I asked the Prisoner at my house , whether he could not write or read ? he said , Yes ; did not you use to read what you Printed ? he said , Yes ; did not you know Treason when you read it ? It was a fury thing , I did not mind it much , but I should have got money by it ▪ Mr. Mabb . He owned he had but a very small price for the doing of it . Mr. Joseph Williamson Sworn . That which I can say , is , That I know this [ looking upon a paper ] to be my own hand writing , and to be the examination taken of this Twyn . I took it , and he owned it after it was written . Serj. Morton What was the substance of it ? L. Hide ▪ What did he confess before Mr. Secretary ? when he was examined . Mr. Williamson . He said that the Copie of the Book was brought to him by one Evans , maid to Mistris Calvert ▪ that for the Author , being asked if he knew him ? he said he did not , and that he had seen the Copie of three sheets of the Book ; that he had Printed only two of those sheets , a thousand exemplaries of each . Serj. Keeling . Did he confess that ? Mr. Williamson . Yes ; and further , that he had delivered them to this Evans at the sign of the Rose in Smithfield ; that he himself had corrected those sheets he had Printed , and that he had read them after they were Printed : that for his pains and Printing of them , he had received fourty shillings in part , from this maid at the delivery of them , at the Rose , that the maid carried away those Exemplaries , from the Rose , and that he parted with her at the door . Serj. Morton . I hope you observe Gentlemen ; we have now done : we desire the Prisoner may give his answer to it , and then we shall make our reply . L. Hide . What say you ? you have heard the Witnesses and what is laid to your charge . Twyn . I did never read a line of it in my life . L. Hide . That 's impossible , I 'le tell you : first your own man , who set part , swears you did both Set and Print part of this Book your self ; you gave him the title to Set , you composed one part of the Book , whilst he was Composing another part ; Is it possible you conld Compose , and not read a line of it ? He tells you further wheu the first Sheet was Printed , he brought it into the Kitchin , and laid it down , knew not of any one in the House but your self ; About an hour , or an hour and a half after , you brought it back again Corrected , laid it down , and the hand that Corrected it , was not unlike your hand upon other Corrections of Books Pray Brother Morton , Let the Jury have Books , and Mr. Lee Read the Indictment , that they may see they agree . Serj. Morton . I observed to you , there were Thirteen Treasonable Paragraphs , you shall find them marked out in the Margent . L Hide . You shall see there are Treasons with a Witnesse , see the very Title . Mr. Lee. [ Reads the Title of the Indictment ] A Treatise of the Execution of Justice ; wherein is clearly proved , that the Execution of Judgment and Justice , is as well the Peoples as the Magistrates Duty , and if the Magistrates pervert Judgement , the People are bound by the Law of God to execute Judgement without them and upon them . L. Hide . That you gave to your man to set . Mr. Lee reads , It is one of the Scarlet Sins of this Nation , that the People suffer their Rulers , &c. — The Particular Passages are too Impious to be Published , and indeed too Foul to be Repeated ; but in Substance . Those mentioned in the Indictment , are as follows . First , The Supream Magistrate is made Accomptable to the People . Secondly , The People are Rebelliously Incited , to take the Menage of the Government into their own Hands Thirdly , They are Animated to take up Armes , not only against the Person of His Sacred Majesty ; but likewise against the Royal Family . Fourthly , They are Stirred up to a [ Revolt ] ( in that very Term ) as an Action Honourable , and Conscientious ; making Publication in the next Clause , of Encouragement to any Town , City , or County in the Three Nations to begin the Work. Fifthly , The People are Laboured , not only to cast off their Allegiance to the King ; but in Direct Terms to put His Sacred Majesty to Death And to the purposes before mentioned tends the whole Scope of the Treatise . Serj. Morton . You may judge of the rest , by this ; we will not put you to any more expence of Time , there hath been sufficient Treason in that which you have read . L. Hide Now say what you will ; but I must tell you , in those particulars that have been compared , there is as much Villanie and Slander , as is possible for the Devil , or man to invent : It is to destroy the King in his Person ▪ to Rob him of the Love and Affections of His People ; to Destroy the whole Family and all Government , Ecclesiastical and Civil : and this Read by your self , Owned , and Caused to be Printed . Twyn . Except it was that sheet that Mr. L'Estrange read to me when I was taken , I never heard it before , nor read it . L. Hide . Your man swears that you did Set and Print part of it ; it 's impossible to Compose and Set , but you must Read it ; nay you did Examine and Correct the sheets ; brought them up again ; Mr. L'strange swears you confessed you read it over , it was Mettlesome stuffe ; Mr. Dickenson sayes , you did not say you read it over , but he saying to you , it was impossible you should Set it and not Read it , You told him also It was Mettlesome Stuffe ; You could not Judge it to be Mettlesome Stuffe , but you must read it ; There is Mr. Williamson sayes that you confessed before Mr. Secretary Bennet , that you had seen three Sheets , Printed off two Sheets , Corrected those two Sheets ; and after Printed , and delivered them ; and that you had 40● , in part of Payment ; Besides this , when Mr. L'Estrange came first , you were up , ( nay at two a Clock in the morning ) when they came and knocked at the Door , they heard Presses going , you would make no answer till they call'd a Smith with intent to force it open : when they came in , they found a Form brought out of the Printing ▪ Room , and broken all but one Corner : That taken up by a Printer , and compared with the Lines of the Printed Sheets , and found to agree . Some of the Sheets were Printed on one side only , the rest perfected , you threw them down Stairs , part into your Neighbours House ; Said , You were undone , when you understood Mr. L' Estrange was there . What needed all this , but that you knew what you were doing ? And did it purposely to do mischief ? Twyn , I did never Read , or hear a line of it , but when Mr L' Estrange read it when I was taken . Judge Keeling , Was it printed at your House or no ? Twyn , I know not but that it might ; not that I did it with my own hand . Judge Keeling , The papers were found wet wi●h you ; who was in your House ? Twyn , My two Servants . Judge Keeling , Did any set them at work but your self ? did they work of their own heads ? Twyn , I did use to set them at work , but I did not set them on that particular work . L. Hide , Have you any thing else to say ? God forbid but you should be heard , but the Jury will not easily believe such denialls against so much Evidence . Judge Keeling , Tell us to whom you carried this Copy to be Corrected ? Twyn , I know not who Corrected it . L. Hide , If you have any thing to say , speak it , God forbid but you should have a full hearing , say what you will ? Twyn , I say I did not read it , nor heard it , till Mr. L'Estrange Read it . L. Hide . Have you any thing else ? Twyn . It 's possible I may upon Consideration . L. Hide . We cannot spend all the day , I must let the Jury know they are not to take your Testimony . Serj. Morton I am of Councel for the King ; I shall reply if he will say no more . Judge Keeling ▪ You have heard your Charge , this is your time to make your Answer ; if you do not speak now , you must not speak after ; therefore if you have any thing to speak in your Justification , or witnesses to call , now is your time . L. Hide . Let me give you this Caution , we cannot spend time in vain , we have other business before us , and it grows late , The best Councel I can give you is this ; You said at first , that You desired to be Tryed in the presence of God ; You are here in the presence of Almighty God , and I would to God you would have so much care of your Self , and do so much right to your Self , to declare the Truth , that there may be means of mercy to you . The best you can now do toward amends for this Wickednesse you have done , is by discovering the Authour of this Villainous Book ; If not , you must not expect , and indeed God forbid that there should be any mercy towards you ▪ Twyn . I never knew the Author of it , nor who it was , nor whence it came , but as I told you . L. Hide . Then we must not trouble our selves ; Did you never see the hand before , with which this Copy was written ? Twyn . No. L. Hide . I am very confident you would not then have been so mad , as to have taken such a Copy ; A Copy fraught with such abominable Treason , and Lies ; Abusing in the first place , the late King that is dead who was , I 'le be bound to say it , as Virtuous , Religious , Pious ▪ Mercifull , and Just a Prince as ever Reigned , and was as Villainously and Barbarously used by his Rebellious Subjects ; Nay , you have not rested here , but have fallen upon this King , who has been Gentle and Mercifull , beyond all President ; Since ▪ He came to the Crown , He has spared those that had forfeited their Lives , and all they had ; And he has endeavoured to Oblige all the rest of His People by Mildnesse and Clemency : And after all this for you to Publish so Horrid a Book ; you can never make amends , God forgive you for it . Twyn . I never knew what was in it . L. Hide . You of the Jury , I will say only this , that in point of Law , in the first place , there is no doubt in the World by the Law of the Land , the Publishing such a Book as this , is as High a Treason as can be Committed ; by this he has indeavoured to take away the Life of the King , and destroy the whol Family ; and so consequently to deliver us up into the Hands of Forreigners and Strangers ; It is a great blessing that we have the Royal Line amongst us . But I say there is no Question ( and my Brothers will declare the same if you doubt it ) that this Book is as fully Treason by the Old Statute ; as much the Compassing and indeavouring the Death of the King , as possible ; and he rests not there , but he incites the People to Rebellion , to Dethrone Him , to raise War ; And the Publishing of this Book is all one and the same , as if he had raised an Army to do this ; The Proofe is , that he Set part , Printed part , and Corrected it , by his own Confession , read it over , it was mettlesome stuffe ; Confessed how many Sheets he Printed , the Reward and Recompence you took notice of it ; and I presume no man among you can doubt but the VVitnesses have spoken true , and for his Answer , you have nothing but his bare denyal , and so we shall leave it to You. Set Simon Dover to the Bar. Dover . My Lord , I pray time till Munday morning , I have sent away the Copy of my indictment . L. Hide . The Sessions will be done to Night ; Mr. Recorder and the rest are to go away on Munday , and therefore we must end to night ▪ Dover . I beseech your Lordship I may have time till night . L. Hide . Men Clamour and say they are hardly used , their . Tryals being put off ; Are you content to lye in Goal till the next Sessions ? Dover . No my Lord , I have had enough of that , we are willing now to have it Tryed . L. Hide . You have had a kindness done you that it i● not laid Treason , and therefore go on to your Tryal ; But because you shall not say you are surprized , if you will not go on now , you must lye in the Goal till the next Sessions , we cannot Bail you . Dover . My Lord , the Indictment is full of Law , and I understand not the Formalities of it , I desire but till four a Clock . L. Hide . We must do it before we go to dinner , or not at all , for there is Judgement to be given to the Goal , and all of us Judges are Commanded by the King to attend him to night . Dover . I am not able to plead to it . L. Hide . Then because you shall not say , you had not all the Right imaginable , we will dispatch the rest of the Goal to night , and Adjourn the Sessions till Munday morning , and you shall then have a fair Tryal by the help of God ; you and your Company ; Nathan Brookes , and Thomas Brewster , are you all desirous to be Tryed on Munday morning ? All Three , Yes . L. Hide . Because you shall not want Advice , or any thing else , you shall have all the Liberty you will desire , to send for Persons , but you must be Prisoners till then . All three , We humbly thank you . Then the Jury went out , and after about half an hours Consultation , they returned to the Court and took their Places . Cl. Are you all agreed of your verdict ? Jury ▪ Yes . Cl. Who shall say for you ? Jury . The Foreman . Cl. Set John Twyn to the Bar , Look upon him my Masters ; how say you , is he Guilty of the High Treason whereof he stands indicted , or not guilty ? Foreman . Guilty . Cl. of Newgate . Look to him Keeper . Cl. Hearken to your Verdict as the Court hath Recorded it ; You say that John Twyn is Guilty of the High Treason whereof he stood indicted , and that at the time of committing the said Treason , or any time since , he had no goods , chattles , lands nor tenements to your knowledge , and so you say all . Jury . Yes . Cl. John Twyn , Thou hast been arraigned for High Treason and thereunto hast pleaded Not Guilty , and for thy tryal hast put thy self upon God and the Country , and the Country hath found thee Guilty ; what canst thou now say for thy self , why the Court should not proceed to Judgement , and thereupon Award Execution of Death against thee according to the Law ? Twyn . I humbly beg mercy ; I am a poor man , and have three small Children , I never read a word of it . L. Hide . I 'le tell you what you shall do ; Ask mercy of them that can give it ; that is of God and the King. Twyn . I humbly beseech you to intercede with his Majesty for mercy . Cl. of Newgate . Tye him up Executioner . Cryer . O yes , My Lords the Kings Justices command all manmer of persons to keep silence while Judgement is in giving , upon pain of Imprisonment . L. Hide . John Twyn ( and John ●ursmore , one convicted for clipping of money : ) Iam heartily sorry that your carriages and grievous offences should draw me to give that Judgement upon you that I must . It is the Law pronounces it , God knows it is full sore against my inclination to do it , I will not trouble my self or you with repeating what you have done , but only this in the general , John Twyn , for you ; Yours is the most grievous and Highest Treason , and the most complicated of all wickedness that ever I knew ; for you have as much as possibly lay in you , so reproached and reviled the King , the dead King , and his Posterity , on purpose to endeavour to root them out from off the face of the earth ▪ I speak it from my soul , I think we have the greatest happiness of the world , in enjoying what we do under so gracious and good a King : yet you in the rancour of your heart thus to abuse him ! I will be so charitable to think you are misled . There 's nothing that pretends to Religion that will avow or justifie the killing of Kings , but the Jesuit on the one side , and the Sectary on the other ; indeed it is a desperate and dangerous Doctrine , fomented by divers of your temper , and it 's high time some be made examples for it . I shall not spend my time in discourse to you to prepare you for death ; I see a grave Person whose office it is , and I leave it to him . Do not think of any time here ▪ make your peace with God , which must be done by confession , and by the discovery of those that are guilty of the same crime with you . God have mercy upon you ; and if you so do he will have mercy upon you . But forasmuch as you John Twyn have been indicted of High Treason , you have put your self upon God and the Country , to try you ; and the Country have found you guilty , therefore the Judgement of the Court is , and the Court doth Award . That you be led back to the place from whence you came , and from thence to be drawn upon an Hurdle to the place of Execution , and there you shall be hanged by the Neck , and being alive shall be cut down , and your privy Members shall be cutoff , your Entrails shall be taken out of your body , and you living , the same to be burnt before your eyes : your head to be cut off , your body to be divided into four quarters , and your head and quarters to be disposed of at the pleasure of the Kings Majesty . And the Lord have mercy upon your soul . Twyn ▪ I most humbly befeeth your Lordship to remember my condition , and intercede for me . L. Hide . I would not intercede for my own Father in this case , if he were alive . Munday 22. Feb. 6¼ . TE Court Proclaimed . Cl. Set Simon Dover , Thomas Brewster and Nathan Brooks to the Bar , Look to your challenge . The same Jury sworn anew . Cl. Set Tho. Brewster to the Bar , and the rest set by ; You of the Jury look upon the Prisoner : you shall understand that he stands indicted in London by the name of Thomas Brewster , &c. [ and here he reads the Indictment ] For causing to be Printed and selling a Book called , The Speeches , &c. Vpon this Indictment he hath been arraigned , and thereunto hath pleaded Not Guilty , and for his , &c. Your charge is to enquire whether he be Guilty of this Sedition and offence or Not Guilty if you find him , &c. Mr. North. My it please your Lordship and you Gentlemen of the Jury , T. B. stands here Indicted of a foul misdemeanor ; it is for causing to be Printed , publishing and uttering a seditious , scandalous and malicious Book ; The Indictment sets forth , That he not having , &c. [ Here Mr. North opens the Indictment ] and to this Indictment he hath pleaded Not Guilty ; If there be sufficient proof of the charge , you are to find him Guilty of the matter contained in it . Thomas Creek , George Thresher , Thomas Loft and Peter Bodvel Sworn . Mr. North. Tho. Creek , tell my Lord and the Jury what you know concerning Brewsters , and your Printing of a Book called The Speeches , &c. and his uttering and publishing of it . Creek I shall Sir ; There is a mistake in the time , for it was before Christmas , that Mr. Brewster , Mr. Calvert , and Mr. Chapman did come to me at the Cock in Little-Brittain , and there they had some Copie of the beginning of the Speeches of the men that suffered , that were the Kings Judges , and they spake to me to Print it ; and I did Print part of the Book , I cannot tell you how much , without I had the Book , and then I can tell you how much I did Print , [ The Book being shewed him ] If this be my Printing ; I suppose it was done afterwards , another Impression , and I must not own it in that , [ be was shewed one of another Impression ] My Lord thus far I own , the Printers that are of the Jury will judge , [ Pointing to the Page ] this is my Letter , and here I ended . L. Hide What folio is that you ended at ? Creek . You shall see , it is 36. Mr. North. By whose order did you Print that ? Creek . They all gave me order together . L. Hide . They all ? name them . Creek . Mr. Calvert , Brewster and Chapman . Mr North Did they charge you to do it privately ? Creek . With as much privacy and expedition as I could ? Mr. North. When you had Printed them , what did you do with them ? Creek . I disposed of them by their order Mr. North. Did you Print but one Impression ? or more ? Creek Yes my Lord , I did Print part of ● second Impression . Mr. North. That we use as Evidence , that he had uttered the first , because he went upon a second : how many did you Print at first ? Creek . To my best remembrance , the first Impression was 3000. L. Hide . These three employed you to Print this Book , and you Printed to the 36. folio . Creek . Yes . L. Hide . And who Printed the other part ? Creek I cannot say positively . L. Hide . These three did afterwards direct you to give out the sheets to such and such Persons , Book-binders to stitch up , and dispose . Creek . Yes . L. Hide . The first was three thousand you say , what number did they take ? Creek . They had all ; they sent for them of me as fast as I did them . J. Keeling . Who did you send the Proofs to ? Creek They were sent for to my house . J. Keeling . Sometimes by Calvert , sometimes his man , sometimes his maid , sometimes by Brewster . L. Hide . Do not you know who began where you left off ? Creek . I am not able positively to say , I do believe , and I have heard , and spoken with them that said Mr. Dover did , but I cannot positively say it . L. Hide . You were not by to see it done ? Creek No. L. Hide . What grounds have you to believe that Dover Printed the rest ? Creek Grounds ; truly it is so long ago , to swear positively I cannot . L. Hide . It is but three years ago . Creek . To the best of my remembrance , Mr. Dover in the time of Printing of it , did meet me , and converse with me about it , but to express time or place , I cannot . L. Hide . Did you and he agree that he should Print the other part ? Creek No my Lord ; I had nothing to do to agree it with him . L. Hide . Did he declare to you that he Printed the other ? Creek . To the best of my memory he told me he Printed some sheets . Mr. North. Who changed sheets with you ? Creek . Some sheets were changed at Mr. Dovers . J. Keeling . Who paid for the Printing ? Creek . Mr. Brewster paid me some , and some Mr. Calvert paid me . L. Hide . If you desire to ask him any questions you may . Browster . By and by I shall , my Lord. Dover . I desire he may tarry till I come to my tryal . Serj. Morton . Don't doubt it . Mr. North. George Thresher , speak your knowledge to my Lord and the Jury , whether Brewster did not bring you the Book called the The Speeches , &c. to be Stiched , and what you did with them , tell the manner of it . Thresher . May it please you my Lord and the Honourable Bench , it is thus ; This Book it seems was Printed , Mr. Brewer came to my house to know whether I could fold them and stitch them in blew Paper ; That night I went to several Printers , Mr. Dover was one of them ; we had several sheets from thence ( I did not see them printed ) I carried them home , and went about the working them that night . J. Keeling . How many Books were delivered to you ? Thresher . First and last , about 500. J. Keeling . Who delivered them to you ? Thresher . Some were brought to my House . J. Keeling . By whose Direction . Thresher Mr. Brewster's . J. Keeling . Did you deliver them to any Body ? Thresher . Yes , to Nathan Brookes , ready stiched . J. Keeling . Who paid you for them ? Thresher Mr. Brewster , for them he had , and Brookes for them he had . Mr. North. Thomas Loft , tell your Knowledge in this businesse . Thomas Loft . May it please You , All that I can say is this ; There was to the Number of about , or near upon a Thousand , as I take it , Folded and Stiched in my Masters House , one Mr. Perry , I was then his Apprentice ; they were sent in as I judge by Mr. Brewster's Order , but I cannot positively say it , my Mr. appointed us to do them ; I saw Mr. Brewster there sometimes , but I cannot positively say that Mr. Brewster paid for the doing of them . Mr. North. Did not your Mr. presse the dispatch ? Loft . My Mr. did so , but I know not whether they conversed to that purpose . Mr. North. VVho fetched them away ? Loft . His then Apprentice did fetch some of them from our House Mr. North. Peter Bodvell , tell my Lord , and the Jury what you know . Bodvell . I did carry some three years agoe some Bundles of Books from Mr. Creekes House , and I think they were the Bundles of The Speeches of the Kings Judges . L. Hide . From whence had you them ? Bodvell . From Mr. Creekes . Mr. North. What did you do with them ? were they sold ? Bodvell I did see some of them sold in the Shop . Mr. North VVhosold them ? Bodvell . My self , and my Mistris sometimes , L. Hide VVere they brought to the Shop to sell by his privity ? Bodvell . I do believe he knew of them . L. Hide . By the Oath you have taken , did he send you for them to the Printers ? Bodvell . He , or my Mistris did . L. Hide . Has he been in the Shop when they have been sold ? Bodvell . I cannot truly tell , it 's three Years agoe . J. Tirrel . To whom did you pay the money that you receied for them ? Bodvell . We put it in the Box. J. Keeling . Do not Book-Sellers keep Account ▪ what Books they sell , and set down the money ? Bodvel . Not for Pamphlets . Mr. North. Did he not send you to the Book-binders for them when they were stitched ? Bodvell It was by his or my Mistris's order . J. Keeling . What was your Book ▪ binder's Name ? Bodvell . Perry . J. Keeling Where was this Book kept ? Publickly , as other Books , or in other Roomes ? Bodvell . In the Shop my Lord. J. Keeling Were they Publickly to view as other Books ? Bodvell . Not so Publick as other Books , but publick enough , Mr. L' Estrange knows . L. Hide . I know you use to let your Titles of a New Book lie open upon your Stalls , did you lay these open ? Bodvell . No my Lord , they did not do so . L. Hide . Who was the cause they did not , did your Master direct the privacy ? Bodvell . I think he did , we had some Direction to that end . L. Hide . Not to lay them open upon the Stall . Bodvell . No. L. Hide . Give the Jury some Books , and Read the Indictment , let them be Compared . Clerk. Reads the Indictment , First the Title ; The Speeches and Prayers of some of the Late Kings Judges , ( viz ▪ ) Major Generall Harrison ▪ October 13. Mr. John Carey , October 15. Mr. Justice Cooke Mr. Hugh Peters , October 16. Mr. Thomas Scot. Mr. Gregory Clement Col. Adrian Scroope . Col. John Jones ▪ October 17. Col. Daniell Axtell , and Col. Francis Hacker , October 19 1660. The times of their Deaths , together with several Occasional Speeches , and Passages in their Imprisonment , till they came to the place of Execution ; Faithfully , and Impartially Collected for further Satisfaction . [ Mr. Cooke's Letter to a Friend . ] Folio 40. And so I D●scend to the Cause , for which I am in Bonds which is as good as ever it was , And I believe there is not a Saint that hath Ingaged with us , but will wish at the last Day that he had Sealed to the Truth of it with his Blood , if thereupon called ; for I am satisfied , that it is the most Noble and Glorious Cause that has been Agitated for God and Christ since the Apostolical Times , Being for Truth , Holiness , and Righteousness , for our Liberties , as Men ▪ and as Christians for removing all Yoa●s and Oppressions . ( and 41. ) It is such a Cause , that the Martyrs would come again from Heaven to suffer for it if they might : I look upon it as the most High Act of Justice that our Story can Parallel , ; &c. [ Not to trouble the Reader with all the Particulars mentioned in the Indictment ; Since the Rest are but more of the same in other words . ] L. Hide . What say you to this Book ? Brewster . I desire to ask Mr. Creek a few Questions ; Mr. Creek , How much of that in the Indictment did you Print ? Creek . The Jury may see if they please . L. Hide . Truly if he saies true , he saies he Printed no part of that with which you are charged , but the Title Page , he left off at folio 36. your charge is the Title , and beginning at fol. 40. Brewster . So that you see he Printed nothing for me that is in the Indictment . J. Keeling . Did you Print the Title ? Creeke . Yes my Lord. L. Hide . And you Printed the rest , by His , Calverts , and Chapmans Directions . Creeke . They delivered me the Copy together to Print . L. Hide . If you have any thing to say , speak to the Court , the Jury will hear you . Mr ▪ North. Pray my Lord , give me leave to aske Creeke one question ? There were two Impressions Printed , did not you Print more in one , then in the other ? Creeke I am upon my Oath , to the best of my Remembrance I Printed the same that I did before , for I had some of it standing , and so I had the same Sheets again . Mr. North. Had you no more ? Creeke . No , I had rather lesse . Brewster . That 's usuall , he that Prints the First , doth Print the same of the Second . L. Hide . He saies he did so ; what have you to say to the Charge ? Brewster . I conceive that part that I ordered the Printing of , is not included in the Indictment . L. Hide . Yes every part ; He sayes in both Impressions he Printed to the 36. Folio ; and all the rest was Printed by your Direction . Creeke . No my Lord , I Printed to the 36 fol. by his Direction , the rest was Printed else where . J. Keeling . Your Indictment was This , For Causing to be Printed this Book , called the Prayers , &c. And for selling and uttering of it ; For the Evidence , that you caused it to be Printed , he swears you directed some , and it is not likely you would Print half , and let the other half alone ; we leave that to the Jury , for your uttering that anon . L. Hide . There are these two particular Charges in the Indictment , that you must answer ; The First , is your causing it to be Printed ; and it is not essential , or of necessity that every particular that is in the Indictment be proved to be done by you ; You caused this Book to be Printed , with such a Title : That he swears he did for you , then let the Jury , or any man living Judge whether you did direct the Book to be wholly perfected , or by halfs : The second Charge is , that you Vttered them : You delivered five hundred of these to be stitched up , and disposed of them , so that you are in Effect both Printer and Publisher of the whole Book . Brewster He speaks of one part that I ordered , there is no more proof , and that was but to the 36. page ; he speaks also of some body else that was present with me ; and where they had the rest of the Copy Printed , he tells you he knows not . L. Hide . Have you any more to say ? Brewster Yes my Lord , Though he saies , I caused that part to be Printed , yet he doth not say , I did it maliciously , or w th any design against the Government . L. Hide . The thing speaks it self Brewster . Book-Sellers do not use to read what they sell . L. Hide You have forgot what he Swore ; You brought the Proof . Brewster . He did not swear that , he saies Mr. Calvert's Man , and sometimes others . L. Hide Ask him again . Creeke . I did Declare , that the proofs were sent for , and carried away and Read , sometimes by Mr. Calvert's Man , and others , and sometimes by his Servants , not by Himself , they were wrapt up and sent . L. Hide . For a man to pretend he did not know , when he being Master , sends for the proofes by his Servant ; for any man to suppose this is not the Masters Act ; ( nay and directing it to be done privately , ) you shall never find a man Guilty ; They were sold in his Shop . Brewster . The grand part of the Indictment lies that it was done Maliciously , and Seditiously , and then it saies Knowingly ; Though it be granted I did do it , and sell it , yet it does not follow that I did it Maliciously , and Seditiously ; I did it in my Trade , we do not use to read what we put to Print or Sell ; I say my Lord , selling of Books is our Trade , and for the bare Exercising of it , knowing nothing of evil in it , it came out in a time too , when there were no Licensers , or appointed rules ; so that what ever was done we are not accountable for , for we read very seldome more than the Title ; that some of the Jury knows , so that I hope I cannot be said to do it maliciously or knowingly . I can give testimony I am no person given to sedition , but have been ready to appear upon all occasions against it . L. Hide . Have you any more ? if you have , say it . Brewster . My Lord , They are the sayings of dying men , commonly printed without opposition . L. Hide . Never . Brewster . I can instance in many , The Bookseller only minds the getting of a penny ; That declares to the world , that as they lived such desperate lives , so they died ; so that it might shew to the world , the Justice in their punishment , and so I think it a benefit , far from Sedition ; It was done so long ago too , it was not done in private , it went commonly up and down the streets , almost as common as a Diurnal : it 's three years and a quarter ago , or thereabouts . J. Tirrel . You speak of your behaviour ▪ have you any testimony here ? Brewster . I do expect some Neighbours ; Maj. Gen. Brown knows me , Capt. Sheldon , Capt. Colchester , and others ; I can give a very good account as to my behaviour ever since . L. Hide . Say what you will , and call your Witnesses , and make as much speed as you can . J. Keeling . There is another Indictment against you , and while that is trying your Neighbours may come . Brewster . My Lord I shall desist for the present . Serj. Morton May it please your Lordship and you Gentlemen of the Jury ; I am of Council for the King against Tho Brewster , Bookseller ; that stands here Indicted for that he , contrary to the duty of his Allegiance which he owes to our Soveraign Lord the King , he did cause maliciously a seditious and scandalous Book to be printed ; wherein there are divers scandalous clauses contained that are in disparagement of the Kings Royal Prerogative , and against his Government , Crown and Dignitie ; and likewise that he has sold and uttered the same Books in contempt of his Majesties Laws . This is the effect of the Indictment ; it has been proved to you by four Witnesses , that for which he stands Indicted : First , that he did cause part of the Book to be Printed ; that 's clearly proved by Creek ; likewise , that he has sold , and uttered those Books in his Shop ; nay he confesses that he did , and saies they were sold openly , as a Diurnal , and therefore he thinks it was lawful for him to do it ; he has gone about to make a defence of this his seditious behaviour ; he tells you he did not print all the Book ; it is not said that he printed such and such a Letter of the Book , but that he caused such a Book to be printed ; and it is to be presumed , if he caused one part , he would cause the other , or otherwise it would be a Book of maimed sence and imperfect . Gentlemen , for the uttering , and selling of them , that himself confesses ; you have heard the excuses he hath made , whether you will not find him Guilty of this crime , that I must leave to you , and to the direction of the Court. L. Hide . You of the Jury , you see the Indictment is for causing a libellous and seditious Book to be printed , under such a Title , that is , The Speeches and Prayers , &c. It is for causing this , seditiously , factiously and wickedly to be printed : and for selling and publishing it abroad to the Kings people : For the matter of Evidence , you have heard it ; I will not repeat the particulars to you , only something to what he has said , that you may not be misled . First , He saies it does not appear , that he did it maliciously or knowingly , there are some things that you that are of the Jury are not to expect Evidence for , which it is impossible to know but by the Act it self : malice is conceived in the heart ; no man knows it unless he declares it . As in Murder ; I have malice to a man , no man knows it ; I meet this man , and kill him ; the Law calls this malice . If a man speak scandalous words against a man in his calling , or trade , he laies his action , Malice , though he cannot prove it but by the words themselves . If I say a Printer , or Stationer is an ignorant person , has no skill in his Trade , I would not have any man to deal with him , he understands not how to Set Letters , or the like : here is nothing of malice at all appears , yet if you bring your Action , you must lay it , Maliciously , it is the destroying your Trade , and you will have damages . I instance in this particular , that you may see there is malice , supposed to a particular private person in that slander , much more to the King , and the State. The thing it self , in causing a Book to be printed , that is so full of scandals and lies , to inveigle , misguide , and deceive the people , this is in construction of the Law , Malice ; though no malice appear further . The next is this ; factiously , seditiously , knowingly ; This carries sedition , as well as malice . Such a barbarous transcendent wretch , that murdered his Prince , without the least colour of Justice , to declare that he rejoyced in his bonds , and that the Martyrs would willingly come from Heaven to suffer for it : horrid blasphemy ! all the Saints that ingaged in it , to wish that they had sealed it with their blood ! what can you have more to incourage and incite the people to the killing of Kings , and murdering their lawful Prince ! This they publish , and say it was spoken publickly , let it be upon his own soul that did it ; for in case he did it , no man knew it but those that heard it : But to publish it all over England , ( 3000 , of the first Impression , and a second ) This is to fill all the Kings Subjects with the justification of that horrid murther ; I will be bold to say , Not so horrid a villany has been done upon the face of the earth , since the crucifying of our Saviour . To Print , and publish this , is Sedition . The next thing is your Trade . I have a Calling to use , and I may justifie the using of it , so long as I use it lawfully ; but that must not justifie me in all manner of wickedness against the King , and State. As if a Lawyer ( I will put it in my own Coat ) pleads a mans Cause , and against the King ; this is justifiable , he ought to plead for his Client , but he must plead as becomes him ; if a Lawyer in defence of his Client will speak Sedition , do you think he is free from being punished : so of a Printer ; if a Printer prints seditious and factious Books , he must look to himself ; that 's no part of his Calling , to poison the Kings people ; so though printing of a Book be lawful , he must use it as the Law appoints him , and not to incite the people to faction : Writing of Letters , you know it is common and lawful , but if I write Treasonable Letters , give notice to Rise , do such and such unlawful acts , I am to be punished for these Letters : A Printer he is a publick Agent , he is to do what he is able to answer , or else he must take what follows . He saies there was no Act against bim ; It is true , you see he is not Indicted upon the Statute , but at the Common Law , for an offence in the nature of a Libel . If I were a Printer and would compile a Pamphlet against a man , though not in Authority , and disparage him , this is the publishing of a Libel ; and an offence for which he ought to be Indicted , and punished by the Common Law , and he that prints that Libel against me as a publick person , or against me as Sir Robert Hide ; That Printer , and he that sets him at work must answer it , much more when against the King , and the State. Another thing is this , he talks to you of dying mens words ; if men will be so vile to be as wicked at their deaths , as they had been in their lives ; put the Case of that man on Saturday , convicted for printing a horrible villainous thing , if he will be so unchristian to himself , as to justifie this at his death , or to speak as bad as he had caused to be printed , is that a Justification to publish them , because they are the words of a dying man ! God forbid ; a Robber declares at the Gallows , it is for a Noble Cause , for taking a Purse upon the high-way , that it is an unjust Law to condemn to death for such Crimes : Shall any man publish this in Print , and not be lyable to be punished for it ? If any that were tryed here upon Saturday , shall vrlifie the Lord Mayor , or any of the Bench , traduce them for doing of justice , shall this go unpunished , if a man take it up and print it ? This I speak to let you see , this is without colour of Law ; He pretended he did it not knowingly ; I will not repeat the Evidence , He sent for them , had them stitched , caused them to be kept privately , ( not upon the Stall ) And observe , he tells you it was done long agoe ; it is but three years agoe , that they were as publickly sold as Diarnals , he sayes : I shall repeat no more , I know you are men of understanding , and of obedience to your King ; it is high time to take notice of this dispersing of Pamphlets , if therefore you do believe that he did cause it to be Printed , or published it , or both , he is guilty of the Misdemeanour ●aid in the Indictment ; ( and he hath a great kindness in that it is not made Capital ) If you do believe , that he did either cause it to be Printed , or Published , that 's enough to find him guilty of this Indictment . Cl. Hearken to the other Indictment , He stands Indicted in London , &c. and this is for causing to be Printed a certain Book , called the Phoenix , &c. publishing the same , [ the Indictment was wholly read ] To this Indictment he hath pleaded , not guilty ; so your Issue is to inquire whether he be guilty of this offence or not guilty . Mr. North , [ Opened the Indictment in manner as before . ] To this he hath pleaded not guilty , if the Charge of the Indictment be sufficiently proved , you are to find him guilty . Serj. Morton , May it please your Lordship , and you gentlemen of the Jury , here is another Bill of Indictment preferred against Tho. Brewster , it is that contrary to the duty of his Allegiance to his Soveraign Lord the King , and purposely to incite the people to Sedition , and to withdraw them from their natural Allegiance to the King , he hath caused to be imprinted , maliciously , falsly , and scandalously , a certain scandalous book entituled , The Phoenix , &c. And this he hath done to disturb the Peace of the Kingdom , and to withdraw the people from their Allegiance , and to the scandal of his Majesty and Government , he hath caused this book to be Printed , uttered , and sold , and this we take to be a great offence against the King , his Crown , and Dignity . Gentlemen , the dispersing of Seditious Books is of great danger to the Kingdom ; false Rumours they are the main incentives that stir up the people to Sedition and Rebellion , that raise discontentments among the people , and then presently they are up in Arms. Dispersing seditious Books is very near a kin to raising of Tumults , they are as like as Brother and Sister ; Raising of Tumults is the more Masculine , and Printing and Dispersing Seditious books , is the Feminine part of every Rebellion . But we shall produce our Witnesses ; We shall prove that this Tho. Brewster caused this book to be Printed , that when it was Printed , he did receive three hundred ; that these he caused to be stiched up ; that he uttered , and sold them , part in his own Shop , and part elsewhere . It being an offence of that great and dangerous consequence , which tends to the disturbance of the Peace of the Kingdom : I hope you will take it into your serious consideration , and if the matter stand proved against him , you will give him his due demerit . Creek , Thresher , Loft , and Bodvel sworn again . Mr , North. Creek , Tell my Lord and the Jury what you know of the printing of the book called The Phoenix . Creek . My Lord , it was in May , that Mr. Calvert , Brewster , and Chapman brought that book to me to Print . L. Ch. Ju. Hide . What book ? name it . Creek . The Phoenix , &c. It was printed for them three . All that I can say , is , that Mr. Brewsters part was delivered to me by his direction . L. Ch. Ju. Hide . Who paid you for printing of it ? Creek . Mr. Brewster paid for his part . J. Keeling . How many was his part ? Creek . His part of 2000 , that was 600 , and odd . L. Ch. Ju. Hide . These three men joyn'd to bear each man his share ? Creek . Yes , every man was to have his share . J. Keeling . Did he wish you to do it with privacy ? Creek . Yes , with expedition and privacy . Brewster . Was the Copy written , or printed ? Creek . It was all printed formerly , some in quarto , some in octavo , and might have been bought single in any place almost . L. Ch. Ju. Hide . What do you mean by all printed formerly ? Creek . My Lord , they were in several parcels printed , there was Mr. Calamy's Sermon , and Mr. Douglas his Sermon , and the rest . J. Keeling . How long agoe was it since they were brought to you to print ? Creek . It was in May , three years . Brewster . Did I order you how you should print them , or Mr. Calvert ? Did not you hear him say , that they had staid two hours for me at an Ale-house to be his Partner ? Creek . I did hear him say so . J. Keeling . What made you so loath to be their Partner , were they two hours perswading of you ? Creek . No , they waited two hours for him to be their Partner . Serj. Morton . Thresher , did Brewster deliver any of those books ●o you to stich up ! Thresher . Yes , and please you my Lord , and I had them by Mr. Brewsters order to ●old . Serj. Morton . How many ? Thresher . To the number of 2. or 300. Mr. North. Did he not enjoyn you privaey ? Thresher . Yes , I think he did . J. Keeling . VVhen they were bound , had you a Note to deliver those Books safely to any ▪ Thresher . Yes , from his own hand ▪ he desired me to go and give them to such and such Persons , Booksellers : said I , I shall hardly remember them ▪ he thereupon gave me a Note of their Names to whom I should deliver them ; I judge they were to be trusted more then others . Serj. Morton . Did you deliver them accordingly ? Thresher . Yes , I did . L. Ch. J. Hide . How many did you deliver in that manner ? Thresher . Two dozen and more . J. Keeling . If you will ask him any Questions , do . Brewster . Did I give you any order to deliver them to any particular Booksellers ? Thresher . Yes , you did , I believe Mr. Lestrange , and Mr. Williams ( one of the Jury ) can remember I shewed them the paper you wrote to that purpose . Mr. Williams . I did see the Note . Brewster . I do not remember I gave you any Order , they were all Common things before . J ▪ Keeling . You may ask him what Questions you will. Brewster . I shall ask him no more . Mr. North. Peter Bodvel , speak what you know concerning the selling or 〈◊〉 of the book called the Phenix , &c. Bodvel . I never knew of the Printing of them , I never knew my Master sell any of them , nor heard him give order for selling of them . J. Keeling . Did you sell any of them for him ? Bodvel . I think I did sell some . Serj. Morton . VVere they in the Shop to be sold ? Bodvel . Yes , they were . L. Ch. J. Hide . Were they in the Shop publickly , with the Title Page lying open upon the Stall as other books do , when they are newly out ▪ Bodvel . We seldom did so with bound books . J. Keeling . Where were the books found when they were seized ? Bodvel . I think they were in some of the upper Rooms . J. Keeling . Where were they found by the Oath you have taken ? Bodvel . That Mr. Lestrange can tell better then I , I did not see him find any of them . L. Ch. Ju. Hide . By the Oath you have taken , where was the place whence you were to fetch them , when you were to sell them ? Bodvel . In the Hall , the Room over the Shop . L. Ch. Ju. Hide . Were they put up privately ? Bodvel . They were so . J. Keeling . What private place was that ? Bodvel . It was a hole in the wall . J. Tirrel . By whose direction were they said there ? Bodvel . I know not , whether by his , or my Mistris . J. Keeling . Were not some found under the bed ? Bodvel . I heard that Mr. Le●●r●nge found some of the Titles under the bed . Serj. Mor. I think it is enough , what say you to it Friend ? L. Ch. Ju. Hide . Observe this , and answer it , it appears that you and two more , ( Calvert and Chapman ) did agree with Creek for Printing this book , ( several parcels drawn into one Volumn ) and you were to bear each of you a third part , and to have a third part of the books ; he swears you did both pay your part , and had your part of the books . These books were Printed before , & so they were common enough , and therefore you must needs know what was in them . The third full part was brought to you , and delivered by your appointment ; you gave a note how they should be disposed of ; and you owned them not in publick . ( your own soul told you they were not to be justified ) two dozen were delivered privately to particular persons , by your direction ; lay these things together , and now answer them ; For the Indictment is that you caused such a Book to be Printed and published . Brewster . In the first place , the Evidence does say , that Mr. Calvert did acknowledge when he gave him the Copy to Print , that he staid so long for me in order to be their Partner , he that was the Collector of it together : They were all printed before , and printed by License ; for the books I never read them ; we seldome read the books we sell , being they were before Printed , and with License sold single , ( as the Gentlemen of the Jury know ) I thought there was no Crime to print them all together : It was done in an Interval when there were no Licensers , we knew not where to go ; what has been Printed formerly , we took it for granted it might be Reprinted , till this late Act for Printing ; and this was done before this Act. J. Keeling . Have you any more to say ? Brewster . No my Lord , I shall leave it to the Jury , but my Lord , here are now some Neighbours to testifie that I am no such person as the Indictment sets forth , that I did Maliciously , and Seditiously , do such and such things . L. Ch. Ju. Hide . We will hear them , though I 'le tell you it will not much matter ; the Law sayes it is Malice . Capt. Sheldon Sworn . My Lord , all that I can say , is , he was ready at beat of Drum upon all occasions , what he has been guilty of by Printing or otherwise , I am a stranger to that , I know he was of civil behaviour and deportment amongst his Neighbours . J. Keeling . It is very ill that the King hath such trained Souldiers in the Band. Capt. Hanson , and others , offered to like purpose . L. Ch. Ju. Hide . If you have a thousand to this purpose only , what signifies it ? J. Keeling . Are you his Captain ? Capt. Sheldon . No my Lord , Capt. Bradshaw . L. Ch. Ju. Hide . He should be casheir'd the Band ; not but that he should be charged with Armes . I 'le tell you , do not mistake your self , the Testimony of your civil Behaviour , going to Church , appearing in the Train'd Bands , going to Pauls , being there at Common-Service , this is well ; but you are not charged for this , a man may do all this , and yet be a naughty man in printing abusive books , to the misleading of the Kings Subjects . If you have any thing to say as to that , I shall be glad to find you Innocent . Brewster . I have no more to say . L. Ch. Ju. Hide . Then you of the Jury , there are some things in this Indictment ( as in the other ) necessary to be stated to you , My Brothers and I have consulted here about it , the Indictment is for causing a Factious and Seditious book called the Phoenix , &c. with divers other things therein to be Printed . But pray let them see the Book , and compare it with the Indictment . Cl. [ Reads the Indictment , and first the Title ] The Phenix , or the Solemn League and Covenant . [ Edinburg , Printed in the Year of Covenant-Breaking ] A King abusing his Power , to the overthrow of Religion , Lawes , and Liberties , which are the very Fundamentals of this Contract and Covenant , may be controlled and opposed . And if he set himself to Overthrow all these by Armes , then they who have Power , as the Estates of a Land , may and ought to Resist by Armes ▪ because he doth by that Opposition break the very Bonds , and overthrow the Essentials of this Contract and Covenant . This may serve to Justifie the proceedings of this Kingdom against the late King , who in a Hostile way set himself to overthrow Religion , Parliaments , Lawes and Liberties . [ The rest is much at the same Rate , only now and then a spice of Blasphemy for the Credit of the Holy-League [ A greater Sin ( is the Breach of that Scotch Covenant , according to our Author , pag. 158. ) then a Sin against a Commandement or against an Ordinance , &c. ] L. Ch. Ju. Hide . You of the Jury , you see the Indictment agrees with the Book ; there 's a great deal of Mercy that this man hath not been Indicted of Treason ; for those very particulars you have heard , are as high Treason as can be . First , He doth declare , ` That the King abusing his ` Power , the people may resist and take up Armes against him ; that 's express Treason without any more ado : Then he tells you what a horrid thing it is to break that Solemn League and Covenant ; justifies the raising of Armes , and Rebellion against the late King , un-Throning , and Murdering of him . I tell you , that Solemn League and Covenant , was a most wicked and ungodly thing ; against the Law of God , and the Law of the Land : To have such Villanous stuff to be published , it is a great Mercy of the King , it had not been drawn higher ; You see the man is so far from acknowledging any Guilt , that he justifies the Fact. Brewster . No my Lord , I do not Justifie my self . L. Ch. Ju. Hide . Yes , you do ! The Printer Swears he was to go Share and Share like ; he had his part , he publishes them to some particular Friends ; I say he Justifies this . He tells you in his Defence , that it was commonly printed , that it was done by printed Copie ; and that done formerly by Licence ; and when things are printed by Licence , they do not expect or need any New , or second Licence ; they were commonly sold asunder , here they are only printed together : That he sayes is nothing . What is this but Justifying the printing of it ? Observe , Weigh , and see what kind of Defence here is . The Title , what is it ? The Phenix , or Solemn League and Covenant ; you all know it , and rue it ; When was it printed ? It was when the Wicked Rebels here could not Seduce sufficient numbers of the Kings Subjects to support their Rebellion , and then they Invite their Dear Brethren ( as they called them ) the Scots to Unite with them . The Scots were Cunning , they would not do it till they had entred into a Covenant ▪ in a League , and then they consent to Unite with the Rebels here ; This League and Covenant was indeed in defence of the King ▪ but how long ? so long as he defended them ( the Presbytery and Scotch Discipline ) when they had got this Good King into their hands , they put what terms upon him they pleased ; and then were these Seditious Sermons printed . Douglas his was printed in Scotland ; Was it Licensed here ? No , it was done there , and brought hither . Then for the other Sermon , by what Licence was that printed ? Observe the time when it was printed , was it not to set forward Rebellion ? to set up the Scotch Presbytery ? And this in 45. when they were in Arms against the King , after the King put himself upon his defence , and was at Oxford ; Do you tell me of the License of Rebels ? ) Then for your Justification ; Now ; when the King is so happily returned , now to publish these things a fresh to the people , that they might do the same again ! And I tell you once again ▪ It is mercy in the King that he was not Indicted of Treason . I shall leave it to you , you have had it fully proved . Clark. Set Simon Dover to the Bar [ and here the Indictment is read . ] Mr. North. [ Opens this Indictment as the rest . ] Serj. Morton . We have but two Witnesses , and they will prove the matter clearly ; there were two Impressions of this book , we will prove he had a share in both of them . Creek . [ Sworn again . ] I delivered before what I can say . J. Keeling . Look you , you must deliver all that evidence over again , because it concerns another person . Creek . I did say , and say still , that to the best of my memory , Mr. Dover did print part of that book , and that he and I did converse about it in the time it was doing , but I cannot swear it positively , because I cannot remember the time when , or the place where . Ju. Keeling . Did you change sheets with him ? Creek . With him , I cannot say , but some sheets were changed by our men . Serj. Morton . You say you think you had some discourse with him ; did not you speak about the danger of printing it ? Creek . We talked of making an end of it . Serj. Morton . Can you remember to what Letter you printed ? Creek . I have shewed the Gentlemen of the Jury . Ju. Keeling . Had you no discourse of the danger of it ? Creek . I thought it could not come to any thing , I did tell Sir R. Brown , ( then Lord Mayor ) that if they hanged twenty more , I thought I should print their Speeches . J. Keeling . You knew the contents of the book ? Creek . Yes I did . Ju. Keeling . Such men as you , the King and the Government hath a great interest in your Trade ; that you should think it lawful to print what a man sayes when he dies , and to scatter it abroad though never so bad , it s a great offence , I would not have it pass for so clear a thing . L. Ch. Ju. Hide . If you are of such Principles to print what you list , you are not fit to live in a civil place , for a Printer , or Bookseller to print any thing one against the other , is Actionable . L. Ch. Ju. Hide . Do you think the Press is open to print what you list ? Creek ▪ I did so then . L. Ch. Ju. Hide . I 'le deal plainly with you ; for this book , if you had had your due , you ought both to have been drawn hang'd and quarter'd . L. Ch. Ju. Hide . When did you give Mr. L'Estrange information of this matter ? Creek . Lately , when I was a Prisoner in Ludgate . Mr. Royston . [ One of the Jury . ] I desire to ask him one Question ▪ whether Mr. Creek saw this book a printing at Mr. Dovers house , or no ? Creek . No I did not . Serj. Morton . They changed sheets ▪ Thresher sworn . Thresher . This is all that I have to say , that the first night that Mr. Brewster sent for me to stitch these books , it was very late before we could get them ▪ I went that night to Mr. Dovers , and had some of the sheets , the rest at Mr. Creeks , I did not see him print any of them . Serj. Morton . What quantity was there of them ? Thresher ▪ I suppose there was two or three hundred sheets . Mr. North. Were they not of this book ? Thresher . Yes , of the Speeches . Mr. North. Where were they delivered ? Thresher . In the lower room , I suppose some of them were hanging upon lines before I had them . L. Ch. Ju. Hide . What say you to it ? Dover . I desire to ask him some Questions . I do say , I never saw the man before , I would ask whether ever he saw me before in his life ? Thresher . Not before that , I was never in his house buy that night ▪ s by this token I saw you , and you me ; when I came for the sheets , you asked Mr. Brewster whether he and Mr. Calvert were agreed , or else you would not deliver the sheets . Dover . I desire to know what time and place ; I am charged in the Indictment on a day and place . L. Ch. Ju. Hide ▪ That 's not very material . Dover . He fixes nothing on me ▪ L. Ch. Ju. Hide . That the Jury can best tell ; have you any more questions ? Dover . No my Lord. [ The Indictment and Books were Compared . ] Dover . My Lord , there is no Person swears that I Printed it , or part of it ; Nothing fixed upon me . L. C. J. Hide . The first man swears that you set it to Printing . Creek . I do not swear it positively , I never saw him Print a sheet , it was the report of the Town that he did it . L. Ch. Ju. Hide . You printed it : for whom ? Creek . For Brewster , Calvers , and Chapman . L. Ch. J. Hide . But you say that you and he did converse about it when it was Printing . Creek . I did say to the best of my memory , we did . L. Ch. J. Hide . By the Oath you have taken , who did you change sheets with ? Creek . I cannot say , I did change any with him ; I say that some sheets were changed by my men , and they told me they had them of his men . Dover . Where are those men that changed the sheets , which of my men were they ? J. Keeling . Look you Dover , you are indicted for causing to be Printed this wicked Book , and for publishing and Vending of it ; You are a Printer by your Trade , as well as this man that comes against you , he says he did not see you Print it , but he took it and believed that you Printed it ; I tell you how far that weighs ; You are a Printer by Trade , and comes the other and desires the sheets , you would not deliver them unless Mr. Brewster , and Mr. Calvert were agreed ; How come the sheets to your house , being a Printer , and yet you not print it ? Answer that , Dover . I shall my Lord , it is no consequence at all ; Admit I had these sheets , it is no consequence at all that I printed them ; For Printers and Booksellers usually have books they did not print themselves . L. Ch. Ju. Hide . Thresher , by the Oath that you have taken , did you see those sheets hang ▪ upon the line in his house ? Thresher . My Lord , I judged these had lately hung up , and I saw other sheets hanging there , and I knew nothing to the contrary , but that those that hung upon the line were the same with these . L. Ch. J. Hide . Here are sheets upon the lines , you delivered him to sold part of those on the lines : what would you have more plain ! You would not deliver them if they were not agreed ; then they were agreed , and you delivered them . Dover . I say this , I look upon the Witness to be altogether invalid , he is a person of no good repute . L. Ch. Ju. Hide . A better man than you , for ought appears ; you are indicted for a foul offence , so is not he ? Dover . I am not the man you take me to be . L. Ch. Ju. Hide . You shall have Evidence if you will , that you are at work at this time , upon as bad as this . Dover . If it be a crime , I am sorry for is . Mr. Lestrange sworn . Mr. Lestrange . Shall I speak to the whole matter , or only to the particular you last mentioned ? L. Ch. Ju. Hide . Say your knowledge . Mr. Lestrange . When I came to his house , which was about the middle of October , to search , I found at that present a little Unlicenced Quaking book , and in his pocket the Libel that was thrown up and down the Town , called , Murder will out , ready printed . L. Ch. Ju. Hide . Which was a Villanous thing and scattered at York . Mr. L'Estrange . Since that , I was at his house to compare a Flower , which I found in the Panther ( a dangerous Pamphlet ) that Flower , that is , the very same border , I found in his house , the same mixture of Letter , great and small in the same Case , and I took a Copy off the Press : I found over and above , this Letter [ producing the Letter ] dated the 7th of February , 1663 and directed , For my dear and loving Wife , J. Dover . Is it your Lordships pleasure , I shall read it all ? L. Ch. Ju. Hide . If it be touching the printing of things you found , do . Mr. L'Estrange . [ Reads it ] I would fai● see my Sister Mary , therefore since Sister Hobbs will not come , take her Order , and instead of her Name , put in Sister Marys , it will never be Questioned here ; However , do it as wisely , and handsomly as you can , &c. [ And thei● in a P. S. ] You must either get Tom Porter , or some very trusty Friend ( possibly ● . D. may help you ) to get for you a safe and convenient Room to dry books in , as soon as possibly you can . [ And again ] Let me know what you intend to do with the two sheets and half , I will have it published when I am certain I shall be tryed . L. Ch. Ju. Hide . Let the Jury see now , whether you are the man you would be thought . Dover . I desire to know whether my name be to that letter . Mr. L'Estrange . No it is nor . L. Ch. Ju. Hide . Where did you receive or find this Letter ? Mr. L'Estrange . My Lord , I found it about his Wife . L. Ch. Ju. Hide . Let the Jury judge if this come from you or no. J. Keeling . You of the Jury , you must understand this , that what is said now , is only upon his Reputation , not to the point in question at all ; that matter rests upon it's own bottom . L. Ch. Ju. Hide . I 'le deal plainly with you , Had he not stood upon such terms , I should not have spoke of this ; but when a man will be thus bold and confident , I thought it proper to let you see how he continues now in the Goal . Dover . I do not vindicate my self in it , but I speak against the witness , I do conceive that the witness does not fix any thing upon me . L. Ch. Ju. Hide . Have you any thing else to say to the Indictment ? Dover . I am Indicted as a Malicious and Factions man , the witnesses sayes no such thing . L. Ch. Ju. Hide . You are not Indicted so , but that you have Maliciously , and Factiously caused to be Printed such a Seditious Book , not your Person , but the Action . Dover . There is nothing of that proved ; admit I was guilty of it , it was done when there was no Act or Law in being touching Printing . The witnesses do not swear positively that I did do it ; one sayes , he did not see me , the other , that he only believed it ; that he did see some sheets upon the line , and they were the same for ought he knew ; Does not remember the time or place of our discourse , I do not know that ever I had half an hours discourse with him in my life : I never had any meeting with him about any such matter , nor had any converse with him . The Title of the book sayes , [ Faithfully and Impartially collected for further satisfaction ; ] so that it cannot be interpreted maliciously ; it 's a Maxime in Law , that the best interpretations are to be put upon the words of the Indictment , in favour of the prisoner at the barr ; and I hope this Honourable Bench and the Jury will mind that ; I am a Printer by trade , what I did was for my livelyhood ; the Scripture sayes , He is worse than an Infidel that takes not care for his Family : I speak not this to justifie any thing against his Majesty or his Government ; through my ignorance I may possibly transgress , if I have done any such thing , I am sorry for it , I hope I shall be more careful for the future : The other part of the Indictment is for selling of them ; no man Swears that I sold one book of them ; Mr. Creek saies , that some of his men told him , that he had some of those sheets from some of my folkes , but of whom he does not say : That I did meddle with them , knowing them to be scandalous , I hope there is nothing proved of that nature ; there being then no Law , I humbly hope there was no Transgression . L. Ch. Ju. Hide . Have you done ? Dover . I humbly desire your Honours and this Jury , to take notice of what I have said . L. Ch. Ju. Hide . You of the Jury , I will not spend time ( it is too late ) in repeating the Evidence , you have heard the Evidence particularly , and his answer ; he doth in part make the same answer with his fellowes ; which was , that it is his Trade : It 's true , no doubt but he ought to maintaine his Wise and Children , by his lawful Calling ; but if a Thief should tell you that he maintained his Wife by Stealing , is that lawful ? Printing books lawfully , no man will call him to account for it ; but if he prints that that is abusive to the King and his Government , that 's no part of his trade , and his trade will not bear him out in it : He is charged for Printing and publishing of these scandalous books , that he did it Knowingly , Maliciously , Falsly , Factiously , and Seditiously ; I told you , that although all these things be not proved , yet if he did it , the Law calls it Malice , Faction , and Sedition ; Consider the circumstances , you see it is done in the dark ; the sheets delivered at his house , and discourse about delivery of them , he would not deliver them unless Brewster and Calvert were agreed ; I leave the Evidence to you , in this case , pregnant strong undeniable Circumstances , are good Evidences : Though a man doth not come and tell you , he declared to him he knew what was contained in this book , yet if there be sufficient Evidence to satisfie you in your Consciences , that he knew what was in it , and was privy to the Printing and publishing of it ; there 's enough for you to find the Indictment . You are to weigh circumstances , as well as pregnant full proof , in cases of this nature . Clark. Set Nathan Brooks to the Bar ; You of the Jury , you shall understand that he stands Indicted , &c. Reads the Indictment . Mr. North , Afterwards opened the Indictment . Serj. Morton . This man , we shall only prove him guilty of stitching , and dispersing the said books . Thresher [ Sworn ] This man I have not seen these three Years . Serj. Morton . Did he set you to work in Stitching those books ? Thresher . He brought none to me that I can remember ; but by Mr. Prewsters order I delivered about 200. or there . abouts , and carried them to his house in St. Martins , and he took them at the Stair-foot , and paid me for stitching of them in blew paper . Serj. Morton . Who furnished you with blew paper ? Tresher . I went by Mr. Erensters order to a Stationer in Breadstreet , and received some . Brooks . I desire to know whether in those books he said he delivered me , there were those passages in the Indictment . Thresher . I know not ; they were the Speeches and Prayers that I delivered you . Brooks . How did you deliver them to me ? Thresher . They were Stitcht , and I tyed them up with a piece of packthread , and carried them to him ; he received them himself , and came afterwards to an Ale-house , and gave me a Flagon of Beer ; he knew what they were , for some being Imperfect , he said Mr. Brewster must make them good ; and Mr. Brewster gave order , if he came for them , they should be delivered him . Brooks . Did you know there were those passages in them ? Thresher . No not I. Brooks . I knew only the Title of it . L. Ch. Ju. Hide . Let there be what there will in it , if you knew the Title , look you to it ; have you any thing else to ask ? Brooks . No my Lord. Henry Mortlock Sworn . Serj. Morton . Mr. Mortlock , How many of those books did you receive of this Nathan Brooks ? Mortlock . About fourty or fifty . Serj. Morton What talk had you about receiving them ? Mortlack . I do not remember any discourse . Serj. Morton . Where did you receive them ? Mortlock . I am not certain , whether in my shop , or no. L. Ch. Ju. Hide . Were they open ? Mortlock . They were tyed up . L. Ch. Ju. Hide . Did you speak for them ? Mortlock . I cannot tell , he brought them to me . L. Ch. Ju. Hide . How came he to bring them to you ? Mortlock . May be I might speak for them , I paid him for them . L. Ch. Ju. Hide . You and he knew what book it was ? Mortlock . I think we did . L. Ch. Ju. Hide . Did you not open them ? They might have been the Devil of Edmonton , for ought you knew . Did you open them afterward , and did they appear to be this book ? Mortlock . Yes . Mr. L' Estrange sworn . Mr. L' Estrange . I came to the house of Nathan Brooks , about October last , and knocking at the door , they made a difficulty to let me in ; At last seeing not how to avoid it , Brooks opened the Door ; I asked him , what he was ? He told me , he was the Master of the house . By and by comes one that lodged in the house , and throws down this book [ shewing the book ] in the Kitchin , with this Expression ; I le not be hang'd ( says he ) for ne're a Rogue of you all ; Do you hide your books in my Chamber ? This book had the Speeches in it , with other Schismatical Treatises . After this I searched the next house , and there I found more difficulty to get in ; but after a long stay , I saw the second Floor in a blaze , and then with a Smiths Sledge , I endeavoured to force the door ; At length , the fire was put out , and one comes down and opens the door ; I went in , and up Staires where I found about 200. of the Prelatick Preachers , and certain Notes of Nathan Brooks , wherein he mentions the delivery of several of these Speeches , and other Sedicious Pamphlets . There is one particular , wherein he records , that Thomas Brewster did in the presence of Captain Hanson , undertake to bear his charges of imprisoment . This Nathan Brooks having been formerly imprisoned for a crime , wherein Browster was to bear him out . L. Ch. J. Hide . What was it that burnt above ? Mr. L' Estrange . My Lord , they had burnt I suppose , some of the Prelatick Preachers , ( a desperate book ) I found one bundle untied , and I suppose ( as the man told me after ) that it was a part of that which was burnt . L. Ch. Ju. Hide . You say this was in the next house to Brookes ; what had Brooks to do there , had he conveyed those books thither ▪ Mr. L'Estrange . The owner of the house said , he knew nothing of them ; but a man and his wife lodging in the Chamber where the fire was , said that Nathan Brooks had delivered with his own hands to them , those parcel of books that were there found . L. Ch. Ju. Hide . You hear what he says ; that one of your Guests came down , said , he would not be hanged for ne're a Rogue of you all ; Throws down the book — Brooks . What 's that tome ; if a man have a book in his house , and throw it down , and say so , doth that concern me ? He did not bring it out of my Chamber . One Mercer sworn . Mercer . My Lord , [ having the book in his hand ] this is the book that I did find in a Room brought up by Nathan Brooks , and I brought it down ; I had it in a Room where two boyes and my sister lay . He came first and knockt at our Chamber door ; said I , Who is there ? sayes he , A Friend , Who are you ? Brookes your Landlord , saies he , pray you open the door , and lay up this book for me . No said I , if you were my Father , or Brother , I will not receive it , I will not meddle or make with you . After I had denied the book , he flings it into the next Room . L. Ch. Ju. Hide . How came you by the book ? Mercer . After Mr. Lestrange had inquired there for books , I knew nothing ; but my Wife called to my Sister , and asked her if she heard Mr. Brooks in the Boom ; she said Yes , and he had left a book with her : Having notice , I went up stairs , took the book , and brought it down presently . Brooks . Is that the book ? the very individual book that I brought up there ? L. Ch. Ju. Hide . He swears this , that you knocked , and prayed him to take in a book ; he refused it . You went up to the next Chamber , and there you left it ; and his Wife asking afterwards if you had been there ; his Sister said , Yes , you had left a book , he brought it down , and this appears to be the very Individual book , nothing can be more clear . Mercers Wife Sworn . That morning they knocked at Brooks his door , we were a bed , I heard a noise of Theeves ; upon that I being awake , & my Husband asleep , I waked him , and desired him to go to the Window ; he asked who was there ? one said to him rise and open the Door ; said my Husband I am but a Lodger , let my Landlord open it if he will. Who is your Landlord ? Mr. Brook's , That 's the man I look for , sayes the other ; so with that after some time Mr. Brooks went down and opened the door . Mr. Lestrange coming up to my Husband , sayes he , Are you sure there is nothing in your Rooms ? There is nothing said he . When my Husband went down , I called to my Sister ; said I , Did you hear Mr. Brooks there ? Yes , said she , he has left a book here : said I , Do you know what 's in it ? it may bring us all into Trouble . And my Husband having confidently denyed any such thing , fearing he might be troubled , I called him up , and told him of it ; said my Husband , I 'le call up the Gentleman , and give it him , no said I , go take the book and carry it him . Mercers Sister Sworn . Thomazin Mercer . It is very true that that is the very book I received from Mr. Brooks . L. C. J. Hide . Now the individual book is brought to light . Brooks . What was the Title of it ? T. Mercer . I know not , but there was the Speeches of the ten men that were executed . Brooks . Did you see that book , that very book ? T. Mercer . Yes . One Mr. Merridale sworn . Mr. Merridale . My Lord , this very book did Mercer bring down , told us , He would be hang'd for never a Rogue of them all ; did he think to lay his books at my door ? I know this is the very book , I took notice of the Picture of Sir Hen Vane in it ; and he there owned it . Mercer . I can tell that he owned it , and said , it was brought to him to be bound . L. Ch. Ju. Hide . Here are two hundred of these books are delivered to you to sell , fifty you deliver to another ; When Mr. L' Estrange comes to search , you open not your doors , when you see you could not stay longer , you run up to deliver it to Mercer your guest , he would not receive it ; you deliver it to his Sister , shee keeps it in her hands ; when her Husband had denyed books to be there , and his Wife understanding afterwards you had left it , she was afraid of her Husband for denying it , calls him , and gives him the book , and then he said , He would be hang'd for never a Rogue of you all ; throws down the book , and that was the very book the received from you , and your self did own it and confess it . Brooks . As for Mr. L' Estrange , it is not so ; he sayes , when first he knocked at the door , I did not hear him , afterwards I called out who 's there , said one , Which is Mr. Brooks ? said I , here , I told them if they would be civil , I would open the door , give me but leave to put on my Breeches ; I went and opened it ; He doth not swear positively they are my books . My Lord , This Mercer was a lodger in my house ; I have often desired him to pay his Rent , and since I have been taken , I have sent several messengers ; I told him I would seize his goods , and thereupon he speaks against me maliciously . I desire you to consider , I being only a workman , how can I be guilty of Sedition and Scandalous things ? I never printed any thing , I am only a Book-binder , that 's my Trade : I hope you will consider that , I am only a bare workman ▪ My Lord , I desire when they go out , that some body may stand at the door , that no body may go into the Jury . L. Ch. Ju. Hide . We will take care of that ; Have you any more to say ? Brooks . No my Lord. L. Ch. Ju. Hide . You of the Jury , you have heard so much of the other Indictments of the same nature , I need not say much to this . That which he speaks touching his Trade , I must repeat the same as before ; he is not questioned for using , but abusing of his Trade , for publishing and despersing Sedicious and Scandalous Books , printing and publishing , but the evidence is only for publishing . If you be satisfied that he published it , that 's the Crime ; Printing alone is not enough , for if a man print a book to make a fire on , that 's no offence , it is the publishing of it which is the Crime ; You have heard the evidence , how far forth it is proved , two hundred delivered to him , fifty by him delivered to another ; this book you see his own Conscience tells him what it was ▪ when Mr. L'Estrange came , he would have slipt it into his Guests Chamber , he refused it ; then he carries it to another , lay your evidence together , if you find him guilty of the publishing , it is enough . Jury . We desire to know upon what Statute Law this Indictment is grounded ? L. Ch. Ju. Hide . Upon none , but it is an offence at common Law , I told you so at first . The Jury went forth , and after near an hours consultation returned to the Court , and took their places . Cl. Are you all agreed of your Verdict ? Jury . Yes . Cl. Who shall say for you ? Jury . The Foreman . Cl. Set up the Prisoners to the Bar , how say you , is Tho. Brewster guilty of the Offence whereof he stands Indicted , for printing the Sedicious book called The Speeches , &c. or not guilty ? Foreman . Guilty of selling and uttering the said books . Cl. What say you , is he guilty of the Offence of printing and publishing the book called The Phenix , &c. or not guilty ? Foreman . Guilty of publishing it . Cl. How say you , is Simon Dover guilty of the Offence for printing and publishing The Speeches , &c. or not guilty ? Foreman . Guilty . Cl. How say you , is Nathan Brooks guilty of the Offence for printing and selling the said book ? Foreman . Guilty of selling it . Cl. Hearken to your Verdicts as the Court hath Recorded them ; You say , that &c. and so you say all ? Jury ▪ Yes . Mr. North. My Lord , we humbly pray Sentence against the Prisoners . L. Ch. Ju. Hide . You three , Tho. Brewster , Simon Dover , and Nathan Brooks ; you have been severally Indicted for a Hainous and great Offence ; Brewster , you have been Indicted for two several books , as full of Villany , and Slander , and Repreach , to the King and Government , as possibly can be : and I will tell you all three , It is the Kings great mercy you have not been Indicted Capitally ; for every one of those books are fill'd with Treason , and you for Publishing of them , by strictness of Law have for feited your Lives , and All to the King ; It is his Clemency towards you . You may see the Kings Purpose ; He desires to Reform , not to Ruine his Subjects : The Press is grown so common , and men take the boldness to Print what ever is brought to them , let it concern whom it will ; it is high time Examples be made . 1. I must let you and all men know , by the course of the Common Law , before this new Act was made , for a Printer , or any other , under pretence of Printing , to Publish that which is a Reproach to the King , to the State , to his Government , to the Church , nay , to a Particular person , it is Punishable as a Misdemeanour . He must not say , He knew not what was in it ; that is no Answer in Law. I speak this , because I would have men avoid this for time to come , and not think to shelter themselves under such a Pretence . I will not spend time in discoursing of the nature of the Offence , it hath been declared already ; it is so High , that truly the highest Punishment that by Law may be justly inflicted , is due to you . But Tho Brewster , your Offence is double ; therefore the Judgement of the Court is , That You shall pay to the King for these Offences committed , 100. Marks ; And for you ( the other two ) Simon Dover , and Nathan Brooks , You shall pay either of you , a Fine of 40 Marks to the King. You shall , either of you , severally stand upon the Pillory , from Eleven to One of the Clock in one place at the Exchange , and another day ( the same space of time ) in Smithfield ; and you shall have a Paper set over your Ha●● , declaring your Offence , For Printing , Publishing , Scandalous , ' Treasonable , and Factious Books against the King and State. You shall be committed til the next Gaol-Delivery , without Bayl , and then you shall make an Open Confession , and Acknowledgement of you Offences , in such words as shall be Directed you ; and afterwards , You shall remain Prisoners during the Kings Pleasure ; and when you are Discharged , you shall put in good Security , by Recognizance , your selves 400l . a peece , and two Securities , each of you , of ●00l . a peece , not to Print or Publish any Books , but such as shall be allowed of : And this is the Judgement of the Court. IN the Interval , betwixt the Condemnation and Execution of John Twyn , diverse Applications were made to him , in order both to his Temporal and Eternal Good ; and in particular , Mr. Weldon , the Ordinary of Newgate , spent much time and pains upon him , to convince him of that horrid Crime , for which he was to Suffer ; Particularly pressing him to a Confession both of his Offence , and of the Author of that Treasonable Piece , for which he was to Die. His Answer was , That it was not his Principle to betray the Au●hour ; but it belong'd to others : Whereupon Mr. Ordinary demanded of him , What it was , that could prevail with him , to undertake the Printing of it ? He said , He was a Poor man , that he had Received 40s . and the Promise of a Larger Summe , whereupon he undertooke it ; but who it was that made him that Promise , he would not'discover . Mr. Ordinary did likewise further urge him to a Confession of the Author , upon a Confidence , that such a Discovery might save his Life . To which he Replyed , that he neither could do it , not did believe himself obliged to 〈◊〉 〈◊〉 he could ; for better ( sayes he ) one suffer , then many . Being pressed to receive the blessed Sacrament , he return'd , that he was not free to do it ; He was against receiving according to the Forms of this Church ; and he hoped , he might do well enough without it ; and in this temper he continued till he came to the Place of Execution ; Where going up the Ladder , Mr. Sheriff told him , that if he had any thing to say , he should remember the cautions he had given him . Twyn . I suppose this appearance of people doth expect that I should say something as to the matter I come here for . It is true , I come here Condemn'd as a Traytor , for printing a book , taken to be , and owned to be , and judged to be , Scandalous and Seditious . Sir R. Ford. And Treasonable , put that in too . Twyn . For my own part , I can say this , I knew it not to be so , till I came to the Bar to be Tryed ; I was surprized in the doing of it , both in the beginning , and at last , I was clear and free in my own thoughts as to intend any Sedition . Sir R. Ford. I would not willingly interrupt a dying man ; I told you before that you must not declare any thing in justification , or mitigation , of so soul a Crime ; but if you had any thing to say that was for the disburthening of your own Conscience , or to give any good Admonitions to the people to beware of falling into the like Crime , you should be patiently heard : but I wonder you should go about to justifie your self in this , when you did confess both to my brother here , and my self , after Sentence , that That which was passed upon you , was just , and deserved . Twyn . I do not say otherwise of it , but that it was just ; but as to my ignorance of the matter of intending or imagining to foment and contrive any such thing tending to such ends , but barely for getting a little mony for my Family ; I was as clear as the Child unborn of any other design knowingly , of any such thing , I do look upon it as a Surprizal ; First , I was Surprized in this matter , by reason of that dangerous sickness , and weakness I was in when it was brought ▪ I received it with my own hands , but it was wrapt up in wast paper , and so I delivered is to my servant , he went on with it ▪ and two or three dayes after , it was taken from me by those that came to search my house , who themselves told me they came upon information ; so that it was a matter I was surprized with when it was brought in , by reason of my sickness and weakness , being unable to over look it : And likewise as soon as it was brought in , the third day I was discovered in it , by some way of information ; and whether those that were the senders of it in , might not be the discoverers , I know not ; some discovery was made by by the confession of those that searched my house they came by information , not by chance : then when they had taken me , I did ingeniously acknowledge and confess who I had it of ; and yet for all this , the searching after those persons concern'd was neglected that whole day ; they were at home , and easie to be taken , I could prove it . Sir R. Ford. Mr. Twyn , give me leave to tell you once more , that I am heartily sorry you have given me the occasion to interrupt you a second time ; All these things you pleaded at the Bar , and said as much as you could ; the Wisdom and Justice of the Bench did not think this to be a sufficient excuse of that Treason you are found guilty of it ; I would ask to what end this discourse tends ; tell me your end ? Twyn . My end is this , and it please your Worship , to shew how ignorant and unacquainted I was with the nature of the thing ; and how far I was in my Conscience , from intending that Treason . Sir R. Ford. You say you were surprized , and that you knew not the Treason ; Was it not clearly and plainly ( by your own servant ) proved that you composed some part of it , and printed it your self , and corrected it ; You understood English , or else you could not Correct it ; if you understood English , or sense , you could not be ignorant that it was a Horrid piece of Treason , such as no honest man ought to see and conceal one half hour . Therefore do not justifie your self , it serves not to any purpose here , or in the world to come ; if you are not guilty of the malice , you have the more easie access to 〈◊〉 hereafter ; but that will not help you here on earth ; pray spend that little time you have to some better purpose then this ; if you have any thing to say that may become a modest man to say , we are willing to hear it ▪ if you can remember any person that assisted you in Correcting it , or otherwise were concerned in it , say it . Twyn . No person assisted me , I Corrected it not , it was carried out of my house to Correct , and brought in Corrected . Sir. R. Ford. You shall not say that you are denied that Christian Liberty a dying man ought to have ▪ We are not to suffer any reflections on this business ; You had a fair tryal , I say we would not deprive you your Liberty of speaking , but do not abuse that Liberty that is given you , by spending your time impertinently , and fruitlesly , but if you have any thing further to offer to God , which is more for your good , go to that . Twyn . I shall forbear to insist any further as to the Narration of that matter , I shall be very unwilling and tender of reflecting any thing upon the King , or the Government , or give offence to your Worships , any way . Sir R. Ford. Nothing but that , shall offend us . Twyn . I shall go to prayer . Sir R. Ford. Do , do , we will joyn with you , and pray for you . He continued in private Prayer on the Ladder some time . Sir R. Ford. Executioner , do not turn him off , till he has given you a sign . Mr. Ordinary of Newgate . Mr. Twyn , give a signe to the Executioner , when you have done ▪ You must not throw yourself off , you will be your own Executioner in that . Twyn ▪ Executioner , when I give you the sign , by pulling you by the Shoo● , then turn me off . Executioner . I will ▪ I will , the Lord bless thy poor soul . Afterwards the Executioner comming down , Mr. Twyn told him the Signe should be by Moving his Foot. Twyn . O Lord hear the Prayer of thy poor Servant , receive me into thy Merry ▪ Lord in thee ▪ I believe receive my spirit ; Lord Jesus ▪ Let my Prayers be acceptable in thy ●ights O Lord my strength , and my Redeemer ; O Lord ▪ I beseech thee receive me into the Armes of thy mercy , let me have an inheritance with thee , to live with thee for ever , and then come Lord Jesus come quickly . Then giving the Signe , the Executioner did his Office , and being cut Down , his Head was severed from his Body , and his body Divided into four Quarters , which are to be Disposed of as the King shall Assigne ▪ Since which time ▪ his Head is placed over Ludgate , and his Quarters upon Aldersgate , and other Gates of the City . It will be here Convenient , to make Two Observations upon the Words of the Prisoner . FIrst , He sayes , That the Proofs were sent out of his House to be Corrected , and brought back again Corrected , and so not Corrected by himself : Which is not onely contrary to what he formerly Owned , as was made out by several Proofs at his Tryal , concerning his own Correcting of it ; but to his solemn Declaration at the Bar , avowing that he knew nothing more of the Business then what he There delivered : For , supposing such a Confession , the next Question would Infallibly have been , To whom was it carried ? Or , Who Corrected it ? as the readiest way to the Discovery of the Author . Secondly , He sayes , That the Persons concerned , ( meaning Calvert , and her Maid ) were neglected that whole day , being at Home , and easie to be taken , which is Disproved , both by his own Servant , and Mrs. Calvert's : And likewise proved on the other side , That if he himself would have ordered his Apprentice to have looked after the Maid , ( as he Promised , and was Directed ) she had been Secured that very morning : The Fellow meeting her in St. Bartholomews-Close , within a quarter of an hour after his Master was carried away ; not knowing that she had any concern in the Business . As to the Mistress her self , she is at Present under Custody . FINIS .