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A38938 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. 1664 (1664) Wing E3668; ESTC R15143 52,156 88

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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
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