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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