AN ACCOUNT OF THE PROCEEDINGS AGAINST Samuel Johnson: Who was Tried at the Kings- Bench- Bar, Westminster, For High Misdemeanour: And found Guilty of Writing and Publishing Two Seditious and Scandalous LIBELS against the Government, on Monday the 21 th'. of june. 1686. SAmuel johnson having been Arraigned, upon an Information, for high Misdemeanours, in Writing, Printing, and Publishing two Scandalous and Seditious Libels, etc. And thereto pleading Not Guilty; was, by a Rule of Court, brought again to the Court of Kings-Bench, Westminster; on Monday, june the 21 th'. in Order to take his Trial: When, as a jury of Knights and Gentlemen of the County of Surry, being Sworn, the Information was read; the Substance of which was, That he, the Prisoner, had, in the Parish of St. George's Southwark, on the 25 th'. of May, in the Second Year of his Majesty's Reign, maliciously and designedly Published two Pernicious, Scandalous, and Seditious Libels, to raise and stir up Sedition and Rebellion in his Majesty's Liege-Subjects, etc. The Title of One being, A Humble and Hearty Address to all the Protestants in the Present Army. And the Other, Viz. The Opinion is this, That Resistance may be used, in case our Religion and Rights should be Invaded. Both of which were therein specified at large; tending to withdraw them from their Duty and Allegiance, and to excite and stir up the Soldiers, etc. to Mutiny and Rebellion, etc. After this, the Information was, by the King's Council, opened to the jury, as to the Nature and Circumstances, together with the evil Consequences that might attend such bold and dangerous Attempts: which being rendered largely and exactly as to the Particulars mentioned in the said Information, wherewith the Prisoner was Charged, they proceeded to call their Witnesses to prove the Fact. And First, Mr. Belamy, at the Three Brushes in Southwark, being Sworn, gave Evidence, That coming acquainted, sometime since, with the Prisoner; and about a Fortnight before Whitsuntide last, discoursing with him, the second of these Libels was mentioned; and soon after, he sent him a Box with some Rheims of them in it, to be dispersed; and gave him notice, that he had a second Paper in the Press; and withal, a Caution not to Publish those he had sent before, till he had received that which proved to be the former Libel before mentioned. And further, That about six or eight Months before that, the Prisoner had sent him other Libels to disp●●se; and being showed the Libels mentioned, in the Information, he deposed they were the same that had been sent him. His Man likewise gave Evidence, That he had received a Box nailed up, but could give no account o● what was in it, as to Particulars. Ann Whitny, sometimes Servant to the Prisoner, being Sworn, gave Evidence, That by her Master's o● Mistresses Direction, she was not certain which, she took a Porter, and caused him to carry a Box, wherein one of the Libels mentioned (Viz. the second) was enclosed to Mr. Belamy; and that she had, by the like Order, carried other Papers lose, some of which were the A●d●e●s, etc. And being asked by the Prisoner, how she knew that; her reply was, That she knew it, insomuch that she had read the Title, and very well remembered it. The Porter that carried the Box gave Evidence, that the Maid had hi●ed him to carry a Box to the Three Brushes, and that she went with him, and paid him according to Agreement, and that he took it up in Spittle-fields. After this, the Messenger who searched the Prisoner's Lodging with the Right Honourable the Earl of Sunderla●d's Warrant, being Sworn, gave Evidence, That he found a Paper in Writing upon a Table or Shelf, which appeared in Court to be part of the Copy, or the same with the Paper, Entitled, The Opinion, etc. He Swearing upon Sight thereof, that it was the same he found in the Prisoner's Lodging: Then was the Book of the Vestry, or Parish Affairs of St. Paul's Covent-Garden produced; wherein the Prisoner sometimes past had given an Acquittance for Money received, as an Assistant Curate, etc. which being compared with the Paper, seemed not to differ in the Hand; but no other Evidence appeared in that Case, than that the Book had been always kept in the Vestry, and for the most part under Lock and Key; and it being put to the Prisoner, he did not greatly deny it: when, for a further Confirmation, john Derby a Printer, and his Wife, were Sworn; the former deposing, That he had Printed a Book for the Prisoner from the Manuscript, and that Hand was very like that of the Libel produced in Court, but he had never seen him write, and therefore could not be positive that that Manuscript was his own Hand: As for his Wife, her Evidence was, That the Prisoner paying her some Money, she had given him an Acquittance, but that, as she conceived, he wrote all but her Name; for going up Stairs, he soon returned with an Acquittance, which she Subscribed. One Mrs. Culeford and her Husband, who appeared to be concerned in the management of the Libels, were called, but the former only appeared, and an Information being exhibited against her, she pleaded, Not Guilty. This being what materially was given in Evidence for the King, the Prisoner had leave to make his Defence; who after some Discourse, not pertinent to the matter, alleged, That he had been confined, and had not had opportunity to prepare for his Defence, as not having leave to go to his Council: To which the Court replied, that he had leave upon the Motion made on his behalf, to send for Council, and that they ought not to be refused coming to him: Then he urged several other frivolous matters; which being overruled by the Court, he proceeded to intimate, that he hoped, that seeing he was Indicted for a Seditious and Scandalous Libel, etc. the jury would consider whether those Papers they had heard read, were so or no; but was told, that the jury ought to consider it only as to the Matter of Fact, whether he was Guilty of Writing or Publishing them, etc. and that the rest lay in the breast of the Court to consider: Thereupon he urged, that though they might be sent, yet it was no Publication, as it was laid in the Indictment, because the Box was nailed. But being fully answered in that point, and loose Papers appearing likewise to be sent, the Council for the King summed up their Evidence to the jury, none appearing on the behalf of the Prisoner. After which the Court gave the Charge, putting the Prisoner, as well as the jury, in mind of the great Mischief that such Libels might occasion: And minded him likewise, that it was within a small matter of High Treason, and might have been raised to that degree, were not the Laws, and those who managed them, tender of Life, etc. After the Charge was given, the jury withdrew, and returning within a quarter of an hour, brought in the Prisoner Guilty of the high Misdemeanour. This may be Printed, R. P. june 21, 1686. London, Printed for A. M. 1686.