Brewster. I do not remember I gave you any order, they were all common things before.

1663.

Brewster's

Mr Justice Keelyng. You may ask him what questions you case. will.

Brewster. I shall ask him no more.

Bodvel's

I evidence.

Peter Bodvel. I never knew of printing The Phoenix. never knew my master sell any of them, nor heard him give orders for selling them. I think I sold some for him. They were in the shop to be sold publicly, with the title-page lying open upon the stall, as other books do, when they are newly out. When they were seized they were in some of the upper rooms. Mr Justice Keelyng. Where were they found, by the oath you have taken ?

Bodvel. That Mr L'Estrange can tell better than I, I did not see him find any of them.

Lord Chief Justice. 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.

Lord Chief Justice. Were they put up privately?
Bodvel. They were so.

Mr Justice Keelyng. What private place was that?
Bodvel. It was a hole in the wall.

Mr Justice Tyrrel. By whose direction were they laid there?

I

Bodvel. I know not whether by his, or my mistress's. heard that Mr L'Estrange found some of the titles under the bed.

Serjt. Morton. I think it is enough; what say you to Defence. it, friend?

Lord Chief Justice. Observe this, and answer it: it appears that you and two more (Calvert and Chapman) agreed with Creek to print this book, and you were to bear each of you a third part, and to have a third part of the books; you both paid your parts, and had your parts of the books: these books were printed before, and so were common enough, therefore you must 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 public: two dozen were delivered privately by your direction. Lay these things together, and answer them for the indictment is, that you caused this book to be printed and published.

Brewster. In the first place, the evidence does say, that Calvert acknowledged when he gave the copy to print, that

1663.

Brewster's

case.

Defence.

Captain
Sheldon.

he stayed so long for me, in order to be their partner, he that was the collector of it. They were all printed before, and printed by licence; I never read them: we seldom read the books we sell, as they were before printed, with licence, and sold single, I thought there was no crime to print them all together. It was done when there were no licensers: what has been printed formerly, we took it for granted might be reprinted, till this late act of printing'; this was done before this Act.

Mr Justice Keelyng. 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 testify that I am no such person as the indictment sets forth, that I maliciously and seditiously do such and such things.

Lord Chief Justice. We will hear them, though I tell you it will not much matter; the law says it is malice.

Captain Sheldon. 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.

Mr Justice Keelyng. It is very ill that the King hath such trained-soldiers in the band.

Captain Hanson and others offered to like purpose.

Lord Chief Justice. If you have a thousand to this purpose, what signifies it?

Mr Justice Keelyng. Are you his captain?

Captain Sheldon. No, my Lord, Captain Bradshaw.

Lord Chief Justice. He should be cashiered the band; not but that he should be charged with arms. Do not mistake yourself, the testimony of your civil behaviour, going to church, appearing in the trained-bands, going to Paul's, being there at common-service, this is well: but you are not charged for this; a man may do all this, and yet print abusive books, to the misleading of the King's subjects. Then you of the jury, there are some things in this indictment necessary to be stated; my brothers and I have consulted about it: the indictment is for causing a book, called The Phoenix, to be printed. But see the book, and compare it with the indictment.

Clerk. [Reads the indictment, and the title.] The Phoenix, or the Solemn League and Covenant. [Edinburg, printed in the year of Covenant-Breaking.] "A king abusing his power, to the overthrow of religion, laws, and liberties, which are the very fundamentals of this contract and covenant, may be controlled and opposed. And if he be set himself to over1 13 & 14 Car. II. c. 33. See ante, p. 72.

throw all these by arms, then they who have power, as the estates of a land may and ought to resist by arms; because he doth by that opposition break the very bonds, and overthrow the essentials of this contract and covenant. This may serve

to justify the proceedings of this kingdom against the late king, who in an hostile way set himself to overthrow religion, parliaments, laws, and liberties." The rest is more of the same: a greater sin (is the breach of that Scotch covenant, according to our author, page 158) than a sin against a commandment, or against an ordinance.

1663. Brewster's case.

up.

Lord Chief Justice. You of the jury, you see the in- Summingdictment agrees with the book. There is a great deal of mercy that this man hath not been indicted for treason; for those very particulars you have heard are as high treason as can be. First he declares, that the King abusing his power, the people may resist, and take up arms against him: that is express treason, without any more. He tells you what a horrid thing it is to break that solemn league and covenant; justifies the raising of arms and rebellion against the late King, unthroning and murdering of him. That solemn league and covenant was a most więked and ungodly thing, against the law of God, and the law of the land. 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 not justify myself.

Lord Chief Justice. Yes, you do. The printer swears he was to go share and share like: he had his part; he publishes them to some particular friends: I say he justifies this. He tells you in his defence, that it was commonly printed ; that it was done by printed copy, and that done formerly by licence; and when things are printed by licence, they do not expect or need any new or second licence: they were commonly sold asunder; here they are only printed together. What is this but justifying the printing of it? Observe what kind of defence here is. The title, what is it? The Phoenix, or Solemn League and Covenant. You all know it, and rue it. When was it printed? It was when the wicked rebels here could not seduce sufficient numbers of the King's subjects to support their rebellion; and then they invite their dear brethren the Scots, to unite with them. The Scots were cunning; they would not do it until they had entered into a covenant; then they consented to unite with the rebels here. This league and covenant was indeed in defence of the King; but how long? So long as he defended the presbytery and Scotch discipline. When they had got this good King into their

1663.

Brewster's

case.

Summing

up.

Dover's trial.

Creek's evidence.

hands, they put what terms upon him they pleased; and then were these seditious sermons printed. Douglas's was printed in Scotland; was it licensed here? No, it was done there, and brought here. The other sermon, by what licence was that printed? Observe the time when it was printed; was it not to set forward rebellion, to set up the Scotch presbytery; and this in 1645 when they were in arms against the King, after the King put himself upon his defence, and was at Oxford? Do you tell me of the licence of rebels for your justification? When the King is so happily returned, to publish these things afresh to the people, that they might do the same again! I tell you once again, it is mercy in the King that he was not indicted for treason. I shall leave it to you, you have had it fully proved.

Clerk. Set Simon Dover to the Bar.

The indictment was read.

Serjt. Morton. We have but two witnesses, and they will prove the matter clearly. There were two impressions of this book; we will prove he had a share in both of them. Creek. I delivered before what I can say.

Mr Justice Keelyng. Look you, you must deliver all that evidence over again, because it concerns another person.

Creek. To the best of my memory, Dover printed part of that book, and he and I conversed about it the time it was doing; but I cannot swear it positively, because I cannot remember the time when, or the place where.

Mr Justice Keelyng. Did you change sheets with him?
Creek. I cannot say; but some sheets were changed by

our men.

Serjt. Morton. You say you think you had some discourse with him: did not you speak about the danger of printing it?

Creek. We talked of making an end of it.

Mr Justice Keelyng. Had you no discourse of the danger of it?

Creek. I thought it could not come to any thing: I did tell Sir R. Brown (then Lord Mayor), that if they hanged twenty more, I thought I should print their speeches. I knew the contents of the book.

Mr Justice Keelyng. Such men as you, the King and the government has a great interest in your trade: that you should think it lawful to print what a man says when he dies, and to scatter it abroad, though never so bad, is a great offence: I would not have it pass for so clear a thing.

Lord Chief Justice. If you are of such principles, to

print what you list, you are not fit to live in a civil place; for
a printer or bookseller to print any thing one against the
other, is actionable.
think the press is open to print

what you list?

Do you

Creek. I did so then.

Lord Chief Justice. I will deal plainly with you: for this book, if you had had your due, you ought both to have been drawn, hanged and quartered. When did you give Mr L'Estrange information of this matter?

Creek. Lately, when I was a prisoner in Ludgate.

One of the jury.

I desire to ask him one question;

whether he saw this book printing at Mr Dover's house?

Creek. No, I did not.

Serjeant Morton. They changed sheets.

1663.

Dover's

case.

evidence.

Thresher. The first night Brewster sent for me to stitch Thresher's these books, it was very late before we could get them: I went to Dover's, and had some of the sheets, and the rest at Creek's. I did not see him print any of them. I suppose there were two or three hundred sheets of the speeches. They were delivered in the lower room: some of them were hanging upon lines before I had them.

Dover. I desire to ask him some questions. I never saw the man before. Did he ever see me before in his life?

Thresher. Not before that: I was never in your house but that night. By this token I saw you, and you me; when I came for the sheets, you asked Brewster whether he and Calvert were agreed, or else you would not deliver the sheets.

Dover. What time and place: I am charged in the indictment on a day and place.

Lord Chief Justice. That is not very material.
Dover. He fixes nothing on me.

Lord Chief Justice. That the jury can best tell.

[The Indictment and books were compared.]

Dover. My Lord, no person swears I printed it, or part of it: nothing is fixed upon me.

Lord Chief Justice. The first man swears that you set it printing.

Creek. I do not swear it positively; I never saw him print a sheet: it was the report of the town that he did.

Lord Chief Justice. You printed for whom?

Creek. For Brewster, Calvert, and Chapman.

Lord Chief Justice. You said you and he conversed about it when it was printing.

S. T. II.

27