1663 Twyn's case. Summing Lord Chief Justice. You of the jury, 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 endeavoured to take away the life up. of the King, and destroy the whole family, and so consequently to deliver us up into the hands of foreigners and strangers. It is a great blessing that we have the royal line amongst us. 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 endeavouring the death of the King, as possible: and it rests not there, but 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 proof is, that he set part, printed part, and corrected it; by his own confession, read it over, it was mettlesome stuff; confessed how many sheets he printed; the reward and recompense, you took notice of it. And I presume no man among you can doubt but the witnesses have spoken true and for his answer, you have nothing but his bare denial. And so we shall leave it to you. The jury convicted Twyn. He asked the Chief Justice to Convicted. remember his condition and to intercede for him, but Hyde told him "I would not intercede for my own father in this case, if he were alive;" the usual sentence was passed, and Twyn was soon after executed. On the 22nd Simon Dover, Thomas Brewster, and Nathan Brooks were brought to the bar and a jury sworn. Brewster was tried first, for publishing the speeches of the regicides at their execution. Brewster's case. North's speech for the Crown. Mr North. May it please your Lordship, and you Gentlemen of the Jury, Thomas Brewster stands here indicted of a foul misdemeanour; for causing to be printed, published and uttered a seditious, scandalous, and malicious book, as set forth in the indictment, and to this he has pleaded not guilty. If there is sufficient proof of the charge, you are to find him guilty. Thomas Creek. Before Christmas Brewster, Calvert, and Creek's Chapman came to me at the Cock in Little Britain; and had evidence. some copy of the beginning of the speeches of the men that suffered, who were the King's judges, they asked me to print it: I printed part of the book thus far I own; this is my letter, and here I ended at folio 36. I printed that by the order of Calvert, Brewster, and Chapman. They charged me to do it with as much privacy and expedition as I could. When I had printed them, I disposed of them by their order. I did print part of a second impression. 1663. Brewster's case. Creek's evidence. Thresher's evidence. 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 3,000. to give out the sheets to such and such persons, bookbinders, to Creek. Yes. The first was three thousand, you say: Lord Chief Justice. Creek. They had all; they sent for them as fast as I did them. Creek. They were sent for to my house. Sometimes by Calvert, sometimes by his man, sometimes by his maid, sometimes by Brewster. Lord Chief Justice. Do not you know who began where you left off? Creek. I am not able positively to say. I believe, and I have heard, and spoken with them that said Mr Dover did; but I cannot positively say it. Lord Chief Justice. What grounds have you to believe that Dover printed the rest? Creek. Grounds! Truly it is so long ago, that to swear positively I cannot. Lord Chief Justice. It is but three years ago. Creek. To the best of my remembrance, Mr Dover at the time of printing it met me, and conversed about it; but to express time or place, I cannot. Lord Chief Justice. Did you and he agree that he should print the other part? Creek. No; I had nothing to do to agree it with him. Lord Chief Justice. Did he declare to you 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 Dover's. Creek. Brewster paid some, and Calvert paid some. Lord Chief Justice. If you desire to ask him any questions, you may. Brewster. By and by I shall, my lord. Dover. I desire he may tarry till I come to my trial. Thresher. This book was printed. Brewster came to my house to know whether I could fold them, and stitch them Mr Justice Keelyng. How many books were delivered to you? Thresher. First and last, about 500. Mr Justice Keelyng. Who delivered them to you? Mr Justice Keelyng. By whose direction? Thresher. Brewster's. Mr Justice Keelyng. Did you deliver them to anybody? Mr Justice Keelyng. Who paid you? Thresher. Mr Brewster for what he had, Brooks for what he had. Thomas Loft. There were about a thousand folded and stitched in my master's, Mr Perry's house: I was his apprentice; they were sent in, as I judge, by Mr Brewster's order, but I cannot positively say it: my master appointed us to do them; I saw Brewster there sometimes, but I cannot positively say Brewster paid for the doing of them. My master pressed for despatch. Brewster's apprentice fetched some of them from our house. Peter Bodvel. I carried some bundles of books from Creek's house, I think they were bundles of the speeches of the King's judges. I saw some of them sold in the shop by myself and my mistress. They were brought to the shop to sell, by my master's privity. He or my mistress did send me to the printer's for them. Lord Chief Justice. Has he been in the shop when they have been sold? Bodvel. I cannot truly tell; it is three years ago. Mr Justice Tyrrel. To whom did you pay the money that you received for them? Bodvel. We put it in the box. Mr Justice Keelyng. Do not booksellers keep account what books they sell, and set down the money? Bodvel. Not for pamphlets. Mr North. Did he not send you to the bookbinder's for them, when they were stitched? Bodvel. It was by his or my mistress's order. Mr Justice Keelyng. What was your bookbinder's name? 1663. Brewster's case. Thresher's evidence. Loft's evidence. Bodvel's evidence. 1663. Brewster's case. Bodvel's evidence. Mr Justice Keelyng. Where was this book kept? licly, as other books, or in other rooms? Pub Mr Justice Keelyng. Were they publicly to view, as other books? Bodvel. Not so public as other books, but public enough, Mr L'Estrange knows. Lord Chief Justice. I know you use to let your titles of a new book lie open upon your stalls; did you lay these open? Bodvel. No, my Lord, they did not do so. Lord Chief Justice. What was the cause they did not? Did your master direct the privacy? end. Bodvel. I think he did; we had some direction to that Lord Chief Justice. Give the jury some of the books, and read the indictment; let them be compared. The clerk read the indictment: first the title: "The speeches and prayers of some of the late King's judges, viz. MajorGeneral Harrison, Oct. 13th. Mr John Carey, Oct. 15th. Mr Justice Cook, Mr Hugh Peters, Oct. 16th. Mr Thomas Scot, Mr Gregory Clement, Col. Adrian Scroope, Col. John Jones, Oct. 17th. Col. Daniel Axtell, and Col. Francis Hacker, Oct. 19th, 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 Cook's letter to a friend, fol. 40. "And so I descend 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 engaged 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 yokes and oppressions." And fol. 41, "It is such a cause, that the martyrs would again come 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." The other parts are more of the same kind in other words. Creek. The jury may see if they please. Lord Chief Justice. If he says true, he says he printed no part of that with which you are charged, but the title page; he left off at fol. 36; your charge is the title, and beginning at fol. 40. Brewster. So that he printed nothing for me that is in the indictment. Mr Justice Keelyng. Did you print the title? Creek. Yes, my Lord. Lord Chief Justice. And you printed the rest, by his, Calvert's, and Chapman's directions. Creek. They delivered me the copy together to print. Lord Chief Justice. If you have anything to say, speak to the Court; the jury will hear you. Mr North. Pray, my Lord, give me leave to ask Creek one question: there were two impressions printed; did not you print more in one, than in the other? Creek. 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? Creek. No, rather less. Brewster. That is usual; he that prints the first, doth print the same of the second. Lord Chief Justice. He says he did so; what have say to the charge? you to 1663. Brewster's case. Brewster. That part I ordered the printing of, is not in- Defence. Icluded in the indictment. Lord Chief Justice. Yes, every part: he says in both impressions he printed to the 36th folio; and all the rest was printed by your direction. Creek. No, my Lord, I printed to the 36th folio by his direction; the rest was printed elsewhere. Mr Justice Keelyng. 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. Lord Chief Justice. There are these two particular charges in the indictment, that you must answer: the first is, your causing it to be printed; 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: let the jury, or any man living, judge whether you directed the book to be wholly perfected, or by halves. The second charge is, you uttered them : you delivered five hundred to be stitched up, and disposed |