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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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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
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