Chapter X: Part IV: To Be Continued (1)

INDEX
EXPURGATORIUS
ANGLICANUS:

OR
A DESCRIPTIVE CATALOGUE OF THE PRINCIPAL BOOKS
PRINTED OR PUBLISHED IN ENGLAND,
WHICH HAVE BEEN SUPPRESSED,
OR BURNT BY THE COMMON HANGMAN,
OR CENSURED,
OR FOR WHICH THE AUTHORS, PRINTERS, OR PUBLISHERS
HAVE BEEN PROSECUTED.

BY W. H. HART, F.S.A.

PRICE ONE SHILLING AND SIXPENCE.

LONDON:
JOHN RUSSELL SMITH, 36, SOHO SQUARE.

1877.

HART AND SON, PRINTERS,] [SAFFRON WALDEN.

NOTICE.

The progress of this Publication has been unavoidably delayed through illness, domestic affliction, and other causes; but the Editor now hopes to bring the entire work to a speedy conclusion; health and other things permitting.

W. H. HART, F.S.A.

Campbell Lodge,
Burch Road,
Rosherville, Kent.

May, 1877.

227.

England's Appeal from the Private Caballe at Whitehall to the great Council of the Nation, the Lords and Commons in Parliament assembled. By a true lover of his country. 1673.

A quarto pamphlet of 52 pages, a copy of which is in the editor's
possession. For publishing the same, Francis Smith the bookseller
was committed into the custody of five of the King's messengers by
the Council Board, to about £50 charges and damages.[191]

228.

The Quaker and his maid. 1675.

On June 26th, 1675, a warrant was issued by the Secretary of State
to search for this pamphlet. The editor has not as yet been able
to discover a copy. It was reprinted in the year 1739 under this
title, "A merry conversation which lately passed between a very
noted Quaker and his maid, upon a very merry occasion. To which is
added, The Members to their Sovereign, By Hil--d Ja--bs, Esqre.
Third edition." It is a grossly indecent production. A copy of this
reprint is in the editor's possession, purchased from the library
of the late George Daniel, Esq., Canonbury Square. It is in octavo,
and contains 18 pages.

229.

Verses on the Death of Edward Coleman, who was executed for high treason on December 3. 1678.[192]

These verses were published by Henry Nevill, otherwise Henry Payne,
of Medborne in Leicestershire, on January 10th, 1678/79, for which
the following information was filed against him by the Attorney
General.

"Middlesexia scilicet. Memorandum quod Willielmus Jones miles
attornatus domini regis nunc generalis qui pro eodem domino rege in
hac parte sequitur in propria persona sua venit hic in curiam dicti
domini regis coram ipso rege apud Westmonasterium die Jovis proximo
post octabas Sancti Hillarii isto eodem termino et pro eodem domino
rege dat curiæ hic intelligi et informari quod Termino Sancti
Michaelis anno regni domini nostri Caroli Secundi Dei gratia Angliæ
Scotiæ Franciæ et Hiberniæ Regis fidei defensoris &c. tricesimo, in
curia dicti domini regis coram ipso rege apud Westmonasterium in
comitatu Middlesexiæ (eadem curia apud Westmonasterium in comitatu
Middlesexiæ tunc tenta existente) quidam Edwardus Coleman nuper de
parochia Sancti Martini in Campis in comitatu Middlesexiæ generosus
debito modo per sacramentum duodecim juratorum proborum et legalium
hominum comitatus Middlesexiæ prædicti indictatus fuit pro diversis
altis proditionibus in falso malitiose subdole et proditorie
proposicon' compassacon' imaginacon' et intenden' seditionis et
rebellionis infra hoc regnum Angliæ et dictum dominum regem nunc
de regali statu titulo potestate et regimine regni sui penitus
deprivandum deponendum dejiciendum et exhæretandum ac ipsum dominum
regem ad mortem et finalem destructionem adducendum et ponendum et
gubernationem ejusdem regni et sinceram Dei religionem in eodem
regno recte et legibus ejusdem regni stabilitas pro voluntate
et libito ejus mutandas et alterandas et statuta totius hujus
regni Angliæ per universas ejus partes bene instituta et ordinata
totaliter subvertenda et distruenda et guerram contra dictum
dominum regem nunc infra hoc regnum Angliæ levandam et procurandam.
Et quod prædictus Edwardus Coleman postea scilicet prædicto termino
Sancti Michaelis anno regni dicti domini regis nunc tricesimo
supradicto in curia dicti domini regis coram ipso rege apud
Westmonasterium prædictum in dicto comitatu Middlesexiæ debito
modo per sacramentum duodecim juratorum patriæ pro alta proditione
prædicta convictus fuit et postea attinctus posteaque tractus
suspensus et exartuatus fuit. Et quod quidam Henricus Nevill de
Medborne in Comitatu Leicestriæ generosus alias dictus Henricus
Payne de Medborne prædicta in dicto comitatu Leicestriæ generosus
præmissa prædicta bene sciens sed existens homo pernitiosus et
seditiosus et machinans et malitiose intendens prædicta crimen et
offensam altæ proditionis minuere necnon veredictum et judicium
prædicta versus præfatum Edwardum Coleman pro prædicta alta
proditione ut præfertur legittimo modo obtenta habita et reddita in
odium et vilipendium cum omnibus ligeis et subditis dicti domini
regis inducere et inferre ac ad prædictum Edwardum Coleman qui
pro proditione prædicta per ipsum ut præfertur commissa in forma
prædicta rite et juste punitus fuit gloriosissimum Dei martyrem
per pravos et superstitiosos homines Romanæ Religionis infra hoc
regnum Angliæ reputandum et colendum procurare et causare decimo
die Januarii anno regni domini Caroli Secundi nunc Regis Angliæ
&c. tricesimo apud parochiam Sanctæ Margarettæ Westmonasterii in
comitatu Middlesexiæ falso illicite injuste nequiter malitiose
scandalose et seditiose fecit composuit et scripsit et fieri
componi et scribi causavit quoddam falsum malitiosum scandalosum
libellosum et seditiosum libellum intitulatum _To the Glorious
Martyr E. C._ per quas duas literas E. C. prædictus Henricus
inuit et intelligi designavit præfatum Edwardum Coleman qui pro
alta proditione ut præfertur legittimo modo convictus attinctus
posteaque tractus suspensus et exartuatus fuit cujus quidem falsi
malitiosi scandalosi libellosi et seditiosi libelli tenor sequitur.

_"To the Glorious Martyr E. C._

"_Haile Glorious soul! to whome the Crown is given;
"All hail thou mighty Favourite of Heaven!
"Triumphant Martyr from that endless Throne
"Where Thou must Raigne with Christ, disturb'd by none,
"Looke down a while, and view upon his Knee
"An undeserved Friend to Truth and Thee.
"Pardon that boasted Title, since that Love
"Which gave it here, must needs confirm't above:
"For 'twas a flaming Charity, which sure
"Since boundless here must endless there endure.
"But ah, alasse great Saint, I owne with Shame,
"That ill, I then, worse now, deserve the Name;
"Whilst here on Earth, my troubles kept me still,
"From Friendship's Laws, as now my Senses will;
"But what you pardon'd once on Fortune's score,
"Be pleas'd on Patience now to pity more;
"And for that good which you did here designe,
"Without Reward or least Desert of mine,
"Obtain me now from Our Great Lord and Thine;
"Not that I hope to equall you in Place,
"Tho' I could wish it with the like Disgrace;
"I only hope to view that holy Ring,
"Where Crowned Saints doe Hallelujahs sing.
"Prepare mee some low Place in that bright Quire,
"Where tho' I may not Sing I may admire._

"Et ulterius idem attornatus dicti domini regis nunc generalis
pro eodem domino rege dat curiæ hic intelligi et informari quod
Henricus Nevill alias dictus Henricus Payne postea scilicet dicto
decimo die Januarii anno regni dicti domini regis nunc tricesimo
supradicto apud parochiam Sanctæ Margarettæ Westmonasterii
prædictum in dicto comitatu Middlesexiæ sciens prædictam falsum
fictum malitiosum scandalosum libellosum et seditiosum libellum
fore falsum malitiosum scandalosum et seditiosum libellum adtunc
et ibidem falso illicite injuste nequiter malitiose scandalose et
seditiose diversis ligeis subditis dicti domini regis publicavit
et publicari causavit in contemptum legum hujus regni Angliæ
manifestum In malum et pernitiosissimum exemplum omnium aliorum in
tali casu delinquentium ac contra pacem dicti domini regis nunc
coronam et dignitatem suas &c."[193]

A manuscript copy of these verses is preserved in the British
Museum Library, written on the back of a printed paper, entitled
"The answer of Coleman's Ghost to H. N.'s Poetick Offering." Nevill
is there called a Priest, but in the preceding information he is
merely styled "Gentleman."

230.

An account of the growth of popery and arbitrary Government in England; more particularly from the long prorogation of November, 1675, ending the 15th of February, 1676, till the last meeting of Parliament the 16th of July, 1677. By Andrew Marvell. Amsterdam. 1677.

This pamphlet which traces the intrigues of the Court of England
with that of France, made a great impression on the nation. A
reward was offered in the Gazette for the discovery of the author.

231.

A seasonable argument to persuade all the Grand juries in England, to petition for a New Parliament; Or, a List of the Principal Labourers in the Great Design of Popery and Arbitrary Power, who have betrayed their Country to the Conspirators, and bargained with them to maintain a standing army in England, under the Command of the Bigotted Popish Duke; who, by the assistance of the Lord Lauderdale's Scotch Army, the Forces in Ireland, and those in France, hopes to bring all back to Rome. By Andrew Marvell. Amsterdam. 1677.

A reward was offered by Proclamation to such as would discover
the author of this book. It is printed at length in Marvell's
Works (ed. Thompson, 1776, Vol. 2, p. 555), also in Cobbett's
Parliamentary History, Vol. 4, Appendix, p. xxii.

232.

To all the Royalists that suffered for His Majesty: and to all the rest of the good people of England, the Humble Apologie of the English Catholicks.

On November 28th, 1666, an order in Council was made for the
Secretaries of State to cause the suppression of this "scandalous
pamphlet," and to make strict enquiry after the author and
printer.[194]

The following are copies of informations and other documents
preserved among the Domestic State Papers concerning the
publication of this book. It appears to have been written by Lord
Castlemaine. A copy is preserved in the British Museum Library.

"An account concerning the English Catholics Apology.

"December 5th, 1666.

"_Elizabeth Bud_ (a Hawker) sayes That _John Brereton_ (a Hawker)
was the onely disposer of it; but shee knowes not perfectly his
lodging.

"One _Radcliffe_ (a Hawker) sayes as much and directed to his
lodging.

"_John Brereton_ sayes that hee had 200 coppyes on Munday last was
sevenight from Two Gentlemen at the Bell and 3 Cranes-Tavern by the
Savoy in a Room one pair of Staires next the street, but denyes to
know the Persons, yet confesses to have seen one of them severall
times since.

"Hee sayes further that Hee was brought to them by One Fox (a
Hawker) and disposed of the coppyes as follows:--

"Two Quire to Anne Brache at the Parlt Stairs Foot.
"One Quire to One Miller at Westminst^r-Hall door.
"A Dozen to One Michel in Westminst^r-Hall.
"The Residue Hee sold in the streets.

"The Examinate further sayes, That on Tuesday (the day following)
Hee had 100 more of a Gentleman in a house by Charing-Cross which
Gentleman hee hath since seen and knows again upon sight.

"Brache }
Miller } acknowledge according to Brereton's confession.
Michel }

"_Francis Fox_ (a Hawker) sayes, That on Munday Nov: 26th a Porter
called him to the Bell and 3 Cranes-Tavern in the Strand to Two
Gentlemen, who sayd, They had a Parcell of Bookes to be disposed
of. The Examinate demanded, what they were. They replyed, That
they were _A Vindicacion of the Catholics that had suffer'd in his
Majesty's Service_. The Examinate told them that Hee durst not
meddle with them and soe went his way. After which acquainting
Brereton with the business, Zwounds, sayes Brereton, why did you
not take them? shew them me and I'l take them. Soe They went
together and in Fox his presence, Brereton receaved 200 Bookes, as
the Gentlemen sayd that delivered them in the Chamber one pair of
stairs towards the Street.

"_William Galhampton_ (Drawer in the Bell and 3 Cranes-Tavern)
sayes, That Mathias Gateley in Company with another Gentleman came
thither, upon a Munday Morning and tooke up a Chamber one pair of
Stairs toward the Street, and that they were the first Company that
came into that Room.

"And Hee further sayes That M^r Gateley coming into the House,
demanded if the news-bookes were out and that soon after This
Examinate saw Fox and Brereton goe into M^r Gateley's Chamber and
That Hee saw there upon the Table a large Deal-box; and that M^r
Gateley called to the Drawer for a Hammer. Hee sayes moreover, that
M^r Gateley and his Friend went out about 12 of the Clock, leaving
a Waterman in the Chamber to looke to some Luggage and that M^r
Gateley enquired of this Examinate for a backway to the Water-side.

"_John Joyce_ (a Drawer in the Tavern above said) sayes That M^r
Gateley with another Gentleman came upon Munday was sevenight
in the morning into that House and took up the Chamber one pair
of Stairs towards the Street, and kept it for themselves and a
Waterman which They had to looke to some Goods from morning till 7
at night: about which hour This Examinate sayes that Hee lighted
M^r Gateley a backway to the Water-side: a Waterman carrying his
Luggage. This Examinate sayes also that Hee saw Brereton (a Hawker)
goe into M^r Gateley's Chamber in the morning.

"_Mrs. Layton_ (Mistress of the s^d Tavern) sayes that M^r Gateley
was there in the morning upon that day, when a Water-man was left
in charge of some Goods in his Chamber and that Hee was in the
Room, up One pair of Stairs next the street.

"_Mathias Gateley_ sayes that Hee came not into that Tavern till
about 4 of the Clock afternoon: but acknowledges that there he
was and in the Chamber toward the Street in Company with one M^r
Billingsley.

"Hee denyes the having any Box upon the Table; The calling for a
Hammer; The having seen any of the Hawkers there; And upon the
whole matter, The having had anything to doe with the Catholicks
Apology.

"The Mistress of the Tavern, Two Drawers, and the Two Hawkers doe
all agree upon the same person."

(Indorsed).
Dec. 66.
M^r Lestranges
report of his enquiry
after the Ro. Cath.
Apology.

* * * * *

"The Examination of [ ] Gately taken before [ ]

"Sayth

"That he was not at the Bell Taverne on Monday Fortnight in the
morning.

"That Friday month M^r Billingsley invited him to that Taverne, he
being ready to goe to Roehampton to the E. of Aylesbury whom he
serves, He had certaine Bundles of Cloathes, &c. which he called a
Waterman to carry for him, denying to have been there on Monday.

"That he was there only once in a morning, but went not up Staires,
and that was Friday fortnight.

"That on the day in question (Monday fortnight), He dranke his
morning's draught with the page in a woman's house in St. John's
Close about 10 where he parted not till about 11, then he dressed
himselfe at home and dined at home, after that desiring leave to
goe abroad 2 or 3 houres, in the afternoone he mett M^r Billingsley
towards Charing Crosse, with whom he dranke 2 glasses of wine at
the King's head Taverne at Charing Crosse. Then to Billingsley's
House who showed him the Cath^{cke} Apology.

"That a Porter came and enquired for him by his name when he was
drinking his morning's draught from Gately and company. He came
and found the Gentlemen in a foreroome and under the Table was
a parcell of Bookes, which they called to him to sell, which he
declined, and so left them, and having told A. B. another Hawker
of Books, they both went up together and A. B. tooke 200 of them
to sell, and relieves Gately from all Relacions and understands to
have been one of the two.

"He demanded no money for the coppyes, but gave them freely. That
those 200 were all he then saw."

* * * * *

"To the Right Hono^{ble} the Lord Arlington,

"The humble Peticion of Mathias Gateley now a Servant to
the Earle of Alisbury

"Sheweth

"That whereas your Peticioner was comitted by your Lordshipp's
Order into custody for the Distributing of the Bookes called the
_Apologie of the English Catholiques_, although your Peticioner is
innocent of any such fact comitted by him.

"That in regard your Peticioner is still in custody, and thereby at
a great charge, and for that hee maketh no question but to cleere
himselfe of the said Accusation.

"Your Peticioner therefore humbly praies your Lordshipp
to graunt him Liberty upon Baile whereby he
may bee in a capacity to bring his witnesses togeather
for the cleereing of himselfe; And to that end your
Lordshipp wil be alsoe pleased to appoint a speedy
Day for hearing.

"And your Peticioner shall pray.
"&c."

* * * * *

December 20th, 1666.

"The Examin^n of Thomas
Osborn, of Westminster.

"The Examinant saith

"he thinkes it to bee near a monith agoe since he was at the
Printer's house: (whose name is Milborne) with my Lord Castlemain
on the Saturday he went up Staires and at my Ld. Castlemain's
intreaty helped him to compare a written Paper with one halfe
printed which hee supposes was the Roman Catholiqs Apology, but
never read the whole piece.

"Q.--What part hee had in the dispersing of them.

"Sayes, hee had none but saw severall copies of them afterwards in
My Lord Castlemain's hands.

"Asked who was the Authour.

"Sayes he supposes my Lord Castlemain the Authour and hee thinkes
hee heard him say soe. Sayes moreover the written copy was in My
Lord Castlemain's hand.

"If he knowes who dispersed them.

"Supposes dispersed by his Lordshipp's order for hee heard him say
soe and saw him deliver some of them.

"Askt if hee bee a Roman Catholique.

"Sayes, Noe."

* * * * *

"The Examination of Tho: Milburn and his Wife.

"These Examinates agree upon the sight of M^r Tho: Osborn that
Hee is the Person who came in company with Another Gentleman
low of Stature and appearing to be a Person of Quality to the
Printing-house and that the lesser of the Two went up stairs
leaving M^r Osborn below.

"Milburn's wife sayes, that M^r Osborn stayd in the Room where
shee was, while the other was above. That at last offering to goe
up, The little Gentleman sayd to him Cozen, stay below, I'l come
to you. That M^r Osborn spake nothing to her of anything to print;
And that the Other coming down, They went away together. Shee says
further, that they came a Second Time, upon a Saturday morning;
and a third time in the Afternoon; at which time they stayd 3 or
4 houres and as she believes for a Proof. And being demanded who
managed the business, shee sayes, that the little Gentleman seem'd
to her to doe all, and that the Other appear'd to her, onely to
come for company.

"Thomas Milburn sayes, That the little Gentleman appear'd first to
him with One Scroop (or Pugh) in his company at the Crown Tavern in
Smythfield, and the 2^{nd} time with the same Person at the Star
in Holborn. He sayes further, That afterward the little Gentleman
came to his house with M^r Osborn. And that the little Gentleman
gave him the coppy of the English Catholics Apology; Order'd the
printing of it and pay'd for the Impression, and that M^r Osborn
sayd nothing to him concerning the business, onely, at last, this
Examinate saw them reading over the Proof together. But who was the
Author of it, Hee knowes not."

233.

Sighs for the Pitchers: breathed out in a personal Contribution to the National Humiliation the last of May, 1666, in the cities of London and Westminster, upon the near approaching engagement then expected between the English and Dutch Navies. Wherewith are Complicated such musings as were occasioned by a Report of their actual engagement; and by observing the Publike Rejoycing whilst this was preparing by the Author, George Wither. Imprinted in the sad year expressed in this seasonable Chronogram.

LorD haVe MerCIe Vpon Vs.
MDCLXVI.

On July 23rd, 1666, a warrant was issued by the Secretary of State
to Lewis Dormay to apprehend George Wither, Henry Eversden, Sarah
Anderton, Elizabeth Goslin, and Margaret Hicks for dispersing this
"seditious pamphlet."[195] A copy of it is preserved in the British
Museum Library.

234.

Nehushtan: or, a sober and peaceable discourse concerning the abolishing of things abused to Superstition and Idolatry; which may serve as one intire, and sufficient argument to evince that the Liturgy, Ceremonies, and other things used at this Day in the Church of England ought neither to be imposed, nor retained, but utterly extirpated and laid aside: and to vindicate the Nonconformists in their refusal to close with them. London. 1668.

This book was written by John Wilson, a Nonconformist, of Chester.
Elizabeth Calvert was imprisoned for helping the author to print
it, as appears from a petition presented by her to the Secretary
of State wherein she states that she was wholly ignorant of the
sedition contained therein, and she promised never to be concerned
in such books for the future.[196]

235.

An appeal from the Country to the City for the preservation of his Majestie's Person, Liberty, Property, and the Protestant Religion. London. 1679.

This book was published by Benjamin Harris, Bookseller of Cornhill,
and for so doing he was tried at the Guildhall, London, in 1680,
and found guilty. He afterwards received sentence in the Court of
King's Bench to pay a fine of £500; to stand on the Pillory an
hour, and find sureties for his good behaviour for three years; and
had it not been for Mr. Justice Pemberton, the Chief Justice would
have added that he should be publicly whipped.[197] On December 21,
1680, the House of Commons ordered an address for the remission
of this fine to be presented to the King. The indictment is as
follows:--

London. Memorandum quod Creswell Levins miles attornatus domini
regis nunc generalis qui pro eodem domino rege in hac parte
sequitur in propria persona sua venit hic in curia dicti domini
regis coram ipso rege apud Westmonasterium die Jovis proxima post
tres septimanas Sancti Michaelis isto eodem termino et pro eodem
domino rege dat curiæ hic intelligi et informari quod Benjaminus
Harris de parochia Sancti Michaelis Cornehill London Bookeseller
machinans et malitiose intendens dominum nostrum Carolum Secundum
nunc regem Angliæ &c. et gubernationem suam hujus regni Angliæ
scandalizare et in contemptum ducere vicesimo secundo die Octobris
anno regni dicti domini regis nunc Angliæ &c. tricesimo primo apud
parochiam Sancti Michaelis Cornehill London prædictam quoddam
scandalosum et seditiosum librum intitulatum _An Appeal from the
Country to the City for the preservation of his Majestie's Person,
Liberty, Property, and the Protestant Religion_ publicavit et
venditioni exposuit in quoquidem libro inter alia continetur prout
sequitur in hæc verba _We in the Country have done our parts, in
choosing for the generality good members to serve in Parliament;
but if (as our two last Parliaments were) they must be dissolv'd
or prorogu'd, when ever they come to redress the Grievances of
the Subject, we may be pitied, but not blam'd. If the Plot takes
effect, (as in all probability it will) our Parliaments are not
then to be condemn'd, for that their not being suffer'd to sit
occasion'd it._ in magnum scandalum et contemptum dicti domini
regis et gubernationis suæ hujus regni Angliæ in malum exemplum
omnium aliorum in tali casu delinquentium ac contra pacem dicti
domini regis nunc coronam et dignitatem suas &c.

A copy of this book is in the Editor's possession. It is in small
quarto, and contains twenty-nine pages, but is without printer's
name. Although printed anonymously, it is known to be the production
of Charles Blount, and was reprinted in the year 1695, with other of
his writings in a little volume entitled "The Miscellaneous Works
of Charles Blount, Esq." The Editor of this collection was Charles
Gildon, who ushers it into the world by a preface in defence of
self-murder, Blount, having, as it appears destroyed himself. This
unhappy man was son of Sir Henry Blount.

236.

A Letter from a person of quality to his friend in the Country, giving an account of the debates and resolutions in the House of Lords, in April and May, 1675, concerning a Bill entitled "A Bill to prevent the dangers which may arise from persons disaffected to the government." By John Locke.

It was ordered by the Privy Council to be burnt. "Our author" say
the Editors of the Biographia Britannica "drew up this letter at
the desire of the Earl of Shaftesbury, and under his Lordship's
inspection, only committing to writing what the Earl did in a
manner dictate to him; and this indeed is evident with regard to
that part which contains remarks upon the characters and conduct
of several of the nobility, since these could be known only to
his Lordship." It is printed at length in Cobbett's Parliamentary
History, Vol. 4, Appendix, No. V.

237.

The Grand question Concerning the Judicature of the House of Peers stated and argued. And the case of Thomas Skinner, Merchant, Complaining of the East India Company, with the Proceedings thereupon, which gave occasion to that question, faithfully related. By a true well wisher to the Peace and good government of the Kingdom, and to the Dignity and Authority of Parliaments. London. 1669.

On October 22nd, 1669, Richard Chiswell, Bookseller, was sent for
by the House of Commons to give an account of the printing and
publishing of this book, and upon examination he confessed that he
caused the book to be printed, and that he had no formal licence
for it, but it was sent to him by a Privy Councillor, the Lord
Hollis, with direction and order to print it, and that he had no
hire or reward in money, but only the benefit of the copy for doing
it. It was then ordered that the Attorney General should draw up
an indictment in the King's Bench against Chiswell for his offence
in causing the book to be printed and published without licence.
The House being afterwards informed that the said book was printed
by one John Darby, a printer, it was ordered that Darby should be
summoned to attend the House to give an account of his printing the
book.[198] A copy of the book is preserved in the British Museum
Library.

238.

Speech of the Lord Cavendish. 1679.

On April 25th, 1679, the House of Commons ordered that enquiry
should be made as to the authors and publishers of this "false and
scandalous pamphlet."[199]

239.

Sir Francis Winnington's speech. 1679.

On April 1st, 1679, the House of Commons ordered that a Committee
should be appointed to enquire as to the authors and publishers of
this "false and scandalous pamphlet."[200]

240.

Two letters from Mr. Mountagu, to the Lord Treasurer; one of the eleventh, the other of the eighteenth of January, 1677/8, which were read in the House of Commons. Together with the Lord Treasurer's speech in the House of Peers, upon an impeachment of High treason, &c., brought up against his Lordship by the House of Commons, December 23, 1678. London. 1679.

For the condemnation of this book see next article. A copy exists
in the British Museum Library. It is in quarto and contains 15
pages.

241.

A Letter from a Jesuit in Paris to his correspondent in London showing the most effectual way to ruin the government and the Protestant Religion. 1679.

On March 21st, 1678/9, it was ordered by the House of Commons that
Jonathan Edwyn, living at the Three Roses, in Redcross Street, be
immediately sent for to give the House an account by what authority
he published this and the preceding pamphlet. The next day, on Mr.
Hills being called in, he informed the House that he printed them
by order of the Lord Treasurer; and a Committee was appointed to
consider of these two pamphlets, and to report their opinions to
the House. On the 26th, the House was informed that Doctor John
Nelson was the author of the Letter from a Jesuit in Paris; he was
therefore ordered to be sent for.[201]

242.

The long Parliament dissolved.

For publishing this book, one J. Brown was brought to trial, and
sentenced to pay a fine of 1000 marks, bound to good behaviour for
seven years, and his name struck out of the roll of attorneys,
without any offence alleged in his said vocation. Not being able
to pay this fine, he lay in prison for three years till he was
pardoned and restored to his place of attorney by royal warrant
dated 15th December, 1679. The information does not appear to be
entered on the Judgment Rolls, but Howell[202] extracts from the
book the following words upon which the prosecution was founded:--

_Nor let any man think it strange, that we account it treason
for you to sit and act contrary to our laws; for if in the first
parliament of Richard II, Grimes and Weston, for lack of courage
only were adjudged guilty of high treason for surrendering the
places committed to their trust; how much more you, if you turn
renegadoes to the people that entrusted you, and as much as in you
lie surrender not a little pitiful castle or two, but all the legal
defence the people of England have for their lives, liberties, and
properties at once! Neither let the vain persuasion delude you,
that no precedent can be found, that one English Parliament hath
hanged up another; though peradventure even that may be proved a
mistake; for an unprecedented crime calls for an unprecedented
punishment; and if you shall be so wicked to do the one, or rather
endeavour to do, (for now you are no longer a parliament) what
ground of confidence you can have that none will be found so worthy
to do the other, we cannot understand: and do faithfully promise
if your unworthines provoke us to it, that we will use our honest
and utmost endeavours (whenever a new parliament shall be called)
to chuse such as may convince you of your mistake: The old and
infallible observation, That Parliaments are the Pulse of the
People, shall lose its esteem; or you will find, that this your
presumption was over-fond; however, it argues but a bad mind to
sin, because it is believed it shall not be punished._

243.

The Compendium; or, a short view of the late Tryals, in relation to the present plot against his Majesty and Government: with the speeches of those that have been executed. As also an humble address (at the close) to all the worthy Patriots of this once Flourishing and happy Kingdom. London. 1679.

For publishing this book an information was filed by the Attorney
General against Matthew Turner, a Stationer, of the parish of St.
Andrew, Holborn. Turner was tried in the summer of 1680, and was
sentenced to pay a fine of 100 marks.[203]

The information is as follows:--[204]

Middlesexia. Memorandum quod Samuelis Astry Armiger, Coronator
et Attornatus domini regis, in curia ipsius regis coram ipso
rege qui pro eodem domino rege in hac parte sequitur in propria
persona sua venit hic in curia dicti domini regis coram ipso
rege apud Westmonasterium die Sabbati proximo post Crastinum
Purificationis Beatæ Mariæ Virginis isto eodem Termino, et pro
eodem domino rege dat curiæ hic intelligi et informari, quod cum
quidam Edwardus Coleman et diversi alii proditores pro diversis
separalibus proditionibus per debitam legis formam super
testimonium diversorum credibilium testium convicti et attincti
fuerunt, quidam tamen Matheus Turner de parochia Sancti Andreæ
Holborne in Comitatu Middlesexiæ, Stationer, machinans et malitiose
intendens gubernationem domini regis nunc hujus regni sui Angliæ
et administrationem justitiæ in eodem regno et testes productos
ex parte domini regis super triationem proditorum prædictorum
scandalizare, et in odium et contemptum ducere, vicesimo primo
die Januarii anno regni domini nostri Caroli Secundi, Dei gratia
Angliæ, Scotiæ, Franciæ, et Hiberniæ Regis, Fidei Defensoris &c.,
tricesimo primo, apud parochiam Sancti Andreæ Holborne prædictam
in comitatu prædicto, quoddam falsum, scandalosum, seditiosum et
malitiosum librum, intitulatum _The Compendium, or a short view
of the late Trialls in relation to the present plott against his
Majestie and Government with the speeches of those that have beene
executed, as alsoe an humble addresse at the close to all the
worthie patriots of this once flourishing and happy Kingdome._
malitiose et seditiose publicavit et venditioni exposuit; in
quoquidem libro continetur relatio evidentiarum datarum super
triationem proditorum prædictorum, et post talem relationem in
eodem libro inter alia continetur prout sequitur _An humble address
to all worthy patriots, of what Rank soever they be. Having (my
Lords and Gentlemen) given you this exact and short account of the
late Judicial Proceedings; for when should I have ended, had I not
(in spight of the continual follies that occurr'd) forc'd my self
to Bounds? I say, having given you this short account, I know not
whether you are now more surpris'd (for surpris'd I am sure you
are) at the strange Incoherencies, nay, Impossibilities, in the
charge all along, or at the mighty weight of the defence, though
the accusers themselves had bin men of repute and probity. For,
after a sober and close consideration (to which nothing can more
conduce than an Abstract, or Compendium) what have they lay'd at
the dores of Catholicks, that, by its monstrous and disagreeing
parts, shows not it self to be wholly vain and chimerical?_ Et
in alio loco ejusdem libri continetur prout sequitur, _There
is not one Witness against us, who has not either bin a most
Profligated Wretch, by the unanimous Consent of all that knew him,
or given at least Prognosticks by his Poverty or Temper, that
the first Opportunity would infallibly make him so._ In magnum
vilipendium scandalum et contemptum testium dicti domini regis
versus proditores prædictos in contemptum dicti domini regis et
gubernationis suæ ac legum suarum, in malum exemplum omnium
aliorum in tali casu delinquentium, ac contra pacem dicti domini
regis nunc, coronam et dignitatem suas &c.

244.

The Weekly Packet of Advice from Rome, or the History of Popery. August 1, 1679.

For publishing this periodical Henry Carr was tried at the
Guildhall, London, in 1680, and found guilty.

The following is a copy of the information against him:--

Londonia Scilicet--Memorandum quod Samuelis Astry armiger coronator
et attornatus domini regis in curia ipsius domini regis coram ipso
rege qui pro eodem domino rege in hac parte sequitur in propria
persona sua venit hic in curiam dicti domini regis coram ipso apud
Westmonasterium die Mercurii proximo post octabas Purificationis
Beatæ Mariæ Virginis isto eodem termino et pro eodem domino rege
dat curiæ hic intelligi et informari quod cum quædam designatio
anglice _a plott_ proditoriæ conspirationis nuper habita fuit infra
hoc regnum Angliæ inter diversos falsos proditores hujus regni
Angliæ ad interficiendum et murdrandum dominum nostrum Carolum
Secundum supremum dominum suum et gubernationem hujus regni Angliæ
et sinceram Dei religionem infra hoc regnum Angliæ bene et pie
stabilitatam subvertere et distruere et Romanam religionem infra
hoc regnum Angliæ inducere cumque etiam diversi proditores pro alta
proditione prædicta legittimo modo convicti et attincti fuerunt
et aliæ personæ pro alta proditione prædicta per debitam legis
formam triati et acquetati fuerunt quidam tamen Henricus Carre
de parochia Sancti Sepulchri Londoniæ generosus præmissorum non
ignarus sed machinans et malitiose intendens gubernationem dicti
domini regis hujus regni sui Angliæ et administrationem justitiæ
in eodem regno scandalizare et in odium et contemptum ducere primo
die Augusti anno regni dicti domini regis nunc tricesimo primo
apud parochiam Sancti Sepulchri Londoniæ prædictæ quoddam falsum
scandalosum et malitiosum librum intitulatum _The weekly Pacquet of
Advice from Rome or the History of Popery_ malitiose et illicite
imprimi causavit et publicavit in quoquidem libro continetur inter
alia prout sequitur _There is lately found out by an Experienc'd
Physician, an Incomparable Medicament called, The Wonder-working
Plaister, truely Catholick in Operation, somewhat of Kin to the
Jesuites Powder, but more effectual. The Vertues of it are strange
and various; it will make Justice deaf as well as blinde, take
out spots of deepest Treasons more cleverly than Castle-soap does
common Stains: It alters a man's Constitution in two or three days,
more than the Virtuosi's Transfusion of Blood in seven years.
'Tis a great Alexipharmick, and helps Poysons, and those that use
them. It miraculously exalts and purifies the Eye sight, and makes
people behold nothing but Innocence in the blackest Malefactors.
'Tis a mighty Cordial for a declining Cause, and stifles a Plot as
certainly as the Itch is destroy'd by Butter and Brimstone. In a
word, it makes Fools wise men, and wise men Fools; and both of them
Knaves. The colour of this precious Balm is bright and dazling;
and being applied privately to the Fist in decent manner, and a
competent Dose, infallibly performs all the said Cures, and many
others, not fit here to be mentioned._ In magnum contemptum dicti
domini regis nunc et legum suorum in magnum scandalum gubernationis
dicti domini regis hujus regni Angliæ et administrationis
justitiæ in eodem in malum exemplum omnium aliorum in tali casu
delinquentium ac contra pacem dicti domini regis nunc coronam et
dignitatem suas &c.[205]

245.

New year's gift for the Lord Chief Justice Scroggs, being some remarks on his speech made the first day of Michaelmas, 1679.

For the publication of this paper a prosecution was instituted
against Francis Smith, but the result does not appear. The
following is a copy of the Indictment.

Londonia. Memorandum quod Samuel Astry armiger coronator et
attornatus domini regis in curia ipsius regis coram ipso rege,
qui pro eodem domino rege in hac parte sequitur, in propria
persona sua venit hic in curiam dicti domini regis coram ipso
rege apud Westmonasterium, die Veneris proxima post Octabas
Sancti Hillarii isto eodem termino, et pro eodem domino rege dat
curiæ hic intelligi et informari, quod Franciscus Smyth, junior,
de parochia Sancti Stephani Wallbrooke, Londonia, Stationer,
machinans et malitiose intendens Willielmum Scroggs militem,
Capitalem Justiciarium domini regis ad placita coram ipso rege
tenenda assignatum (quantum in eo est) scandalizare, et depravare,
in hüs quæ officium suum judiciale tangunt et ipsum Capitalem
Justiciarium in odium et contemptum ducere, sexto die Januarii
anno regni domini nostri Caroli Secundi Dei gratia Angliæ, Scotiæ,
Franciæ, et Hiberniæ Regis, Fidei Defensoris &c., tricesimo primo,
apud parochiam Sancti Michaelis in Cornhill Londonia, quoddam
falsum scandalosum, malitiosum, et odiosum libellum, intitulatum
_A New year's guift for the Lord Chief in Justice Scgs beinge some
remarkes on his speech made the first day of Michaelmas Terme_ 1679
falso, malitiose, et seditiose publicavit et publicari causavit,
in quoquidem falso et scandaloso libello (inter alia) continetur
prout sequitur, in hæc verba, _When I heard his lordshipp_
(dictum Capitalem Justiciarium innuendo) _after one so greate an
aduenture of acquitting Sir George Wakeman_ (quendam Georgium
Wakeman Barronettum, qui pro alta proditione nuper indictatus fuit,
et superinde per quandam juratam patriæ inter dominum regem et
præfatum Georgium captam debito modo acquietatus fuit, innuendo)
_in soe capital a crime as beinge hired and receivinge part of
the money to poysen his sacred Majesty_ (dominum Carolum Secundum
nunc Regem Angliæ innuendo) _should make an other adventure of a
Speech to Justifie it I stood amazed at his confidence, instead
of admiring his Justice, and was apt to conclude that he vainely
thought, wee never should have another Session of Parliament, as
alsoe that his lordshipp forgott, or never read of Empson and
Dudley_. Et in alio loco ejusdum falsi et scandalosi libelli
continetur prout sequitur in hæc verba. _He_ (prædictum Capitalem
Justiciarium innuendo) _sayes moreover that Justice should flow
like a mighty Streame, we see he_ (prædictum Capitalem Justiciarium
innuendo) _can speake some truth though hee acte but little, but
let him tell us whether 10000 guinnyes will it make a mighty Dam
to stopp this mighty streame, sometimes with some persons in some
cases_. Et in alio loco ejusdum falsi et scandalosi libelli, (post
mentionem factam de triatione cujusdam Edwardi Colman pro alta
proditione) continetur prout sequitur, videlicet, _and if you doe
but observe his lordshipps carriage in summing upp the evidence
both at the one triall and the other_ (triationem prædicti Edwardi
Coleman et triationem prædicti Georgii Wakeman innuendo) _you
will assuredly find it as different and contrary as white is to
black, or as the lord chiefe Justice is sometymes, to Sir William
at others_. In magnum scandalum et contemptum dicti Capitalis
Justiciarii, et authoritatis suæ depravationem, ad grave dampnum
dicti Capitalis Justiciarii, in malum et pernitiosum exemplum
omnium aliorum in tali casu delinquentium, ac contra pacem dicti
domini regis nunc; coronam et dignitatem suas, &c.[206]

A copy of this paper is preserved among the Nicholl's Collection of
Newspapers, at the Bodleian Library, Oxford.

246.

A Satire against In-justice: or, Scroggs upon Scroggs. 1679. A folio broadside containing 16 three line stanzas.

Jane Curtis was prosecuted by direction of Chief Justice Scroggs,
for selling this broadside--"Which his Lordship called a libel
against him: and her friends tendering sufficient bail, and
desiring him to have mercy upon her poverty and condition he swore
by the name of God she should go to prison, and he would show her
no more mercy than they could expect from a wolf that came to
devour them; and she might bring her Habeas Corpus, and come out
so; which she was forced to do; and after informed against and
prosecuted to her utter ruin, four or five terms after."[207]

A copy is preserved in the Guildhall Library. The entire production
is as follows:--

A
SATYR
AGAINST
IN-JUSTICE:

OR,

Sc----gs upon Sc----gs.

1. A Butcher's Son (Judge) Capital,
Poor Protestants for to enthral,
And _England_ to enslave, Sirs.

2. Lose but our _Laws_ and _Lives_ (we must)
When to do Justice, we intrust
So known and errand Knaves, Sirs.

3. Some hungry Priests he once did fell
With mighty Stroaks, and them to Hell
Sent furiously away, Sirs.

4. Would you know why? The reason's plain;
They had no English nor French Coyn
To purchase longer Stay, Sirs.

5. The Pope, to Purgatory sends
Who neither Money have (nor Friends;)
In this he's not alone, Sirs.

6. Our Judge to Mercy's not inclin'd,
Unless Gold change Conscience and Mind,
You are infallibly gone, Sirs.

7. His Father once exempted was
Out of all Juries; Why? Because
He was a man of Blood, Sirs.

8. And why the Butcherly Son, forsooth,
Should now be Judge and Jury both
Can't well be understood, Sirs.

9. The good old man, with Knife and Knocks,
Made harmless Sheep and stubborn Ox
Stoop to him in his fury.

10. But the Brib'd Son, like greedy Auff,
Kneels down and worships Golden Calf,
And so did all the Jury.

11. Better hadst been at Father's Trade,
An honest Livelihood t'have made,
In hampering Bulls with Collers.

12. Than to thy Country prove unjust;
First sell, and then betray thy Trust
For so many hard Rix-dollers.

13. Priest and Physician thou didst save
From Gallows, Fire, and the Grave
For which we can't endure thee.

14. The one can ne'er absolve thy Sins,
And th'other, though he now begins,
Of Knavery ne're can cure thee.

15. But lest we all should end thy Life,
And with a keen-whet Chopping-knife,
In a thousand pieces cleave thee.

16. Let th' Parliament first him undertake,
They'll make the Rascal stink at Stake;
And so like a Knave let's leave thee.

FINIS.

The following is a copy of the information against the publisher.

Londonia. Memorandum quod Creswell Levins miles attornatus domini
regis nunc generalis qui pro eodem domino rege in hac parte
sequitur, in propria persona sua venit hic in curiam dicti domini
regis coram ipso rege apud Westmonasterium, die Jovis proxima
post tres septimanas Sancti Michaelis isto eodem termino, et pro
eodem domino rege dat curiæ hic intelligi et informari quod Jana
Curtice uxor Langley Curtice de parochia Sancti Martini Ludgate
Londonia Stationer, machinans et malitiose intendens Willielmum
Scroggs militem Capitalem Justiciarium domini regis ad placita
coram ipso rege tenenda assignatum scandalizare et ipsum Capitalem
Justiciarium in hüs quæ ipsum Capitalem Justiciarium et officium
suum judicialem tangunt et authoritatem dicti domini regis in
odium et contemptum ducere, vicesimo die Octobris anno regni
domini nostri Caroli Secundi, Dei gratia Angliæ Scotiæ Franciæ et
Hiberniæ Regis Fidei Defensoris &c. tricesimo primo, apud parochiam
Sancti Martini Ludgate prædictam in Warda de Farringdon extra
Londoniam, quoddam falsum malitiosum infamosum scandalosum et
odiosum libellum intitulatum _A Satyr against In-justice: or Sc--gs
upon Sc--gs._ in manibus suis obtinuit in quoquidem libello (inter
alia) continetur prout sequitur in hac verba _Some hungry Priests
he_ (prædictum Capitalem Justiciarium innuendo) _once did fell
With mighty Stroaks, and them to Hell Sent furiously away, Sirs.
Would you know why? The reason's plain; They had no English nor
French Coyn To purchase longer Stay, Sirs. The Pope, to Purgatory
sends Who neither Money have (nor Friends;) In this he's not alone,
Sirs. Our Judge_ (prædictum Capitalem Justiciarium innuendo) _to
Mercy's not inclin'd, Unless Gold change Conscience and Mind,
You are infallibly gone, Sirs_. Et prædicta Jana Curtice sciens
libellum prædictum fore scandalosum et infamosum libellum postea
scilicet dicto vicesimo die Octobris anno supradicto apud Londoniam
prædictam in parochia et warda prædictis idem libellum publicavit
et venditioni exposuit in magnum scandalum et vilependium et
contemptum dicti Capitalis Justiciarii et authoritatis dicti domini
Regis, in malum exemplum omnium aliorum in tali casu delinquentium
ac contra pacem dicti domini regis nunc coronam et dignitatem suas
&c.[208]

247.

Some observations upon the late Trials of Sir George Wakeman, Corker, & Marshal, &c. By Tom Ticklefoot, the Tabourer, late Clerk to Justice Clodpate. 1679.

For publishing this book, Edward Berry, Stationer, of Gray's Inn,
was committed by Chief Justice Scroggs; and though he tendered
£1000 bail, yet the Chief Justice said he would take no bail; he
should go to prison, and come out according to law. And after he,
with much trouble and charge got out by a Habeas Corpus, he was
forced by himself or his attorney to attend five terms before he
could be discharged, though no information was exhibited against
him in all that time.

Francis Smith was also prosecuted for publishing this book. He was
tried at the Guildhall, in 1680, and a small fine imposed on him.
Jane Curtis was also tried for the same offence.[209] The book
itself is printed at length in Howell's State Trials, Vol. 7, p.
687.

248.

The Serious Queries against the Conventicle Act, proving it to be against the laws of God, of Nature, and of Magna Charta. 1680.

For the publication of this book, Francis Smith was committed into
the custody of five of the King's messengers, by the Council-board
to about £50 charge and damage.[210]

249.

The Protestant Domestic Intelligence, or News both from City and Country. No. 57. Tuesday, January 20, 1679.

For publishing this newspaper, a prosecution was instituted against
Benjamin Harris. The information is as follows:--

Memorandum quod Samuel Astry Armiger Coronator et Attornatus domini
regis in curia ipsius regis coram ipso rege qui pro eodem domino
rege in hac parte sequitur in propria persona sua venit hic in
curiam dicti domini regis coram ipso rege apud Westmonasterium
die veneris post Octabas Sancti Hillarii isto eodem termino,
et pro eodem domino rege dat curiæ hic intelligi et informari
quod cum Willielmus Scroggs miles vicesimo die Januarii anno
regni dicti domini regis nunc tricesimo primo, et diu antea et
continue abinde huc usque fuit et adhuc est Capitalis Justiciarius
domini regis ad placita coram ipso rege tenenda assignatus et
officium illud capitalis Justiciarii bene et fideliter exercuit
absque aliqua oppressione injuria sive malegestura quidam tamen
Benjaminus Harris de parochia Sancti Michaelis in Cornhill Londonia
Stationer machinans et malitiose intendens prædictum Willielmum
Scroggs militem Capitalem Justiciarium domini regis ad placita
coram ipso rege tenenda assignatum scandalizare ac in odium et
contemptum ducere prædicto vicesimo die Januarii anno regni
domini nostri Caroli Secundi Dei gratia Angliæ Scotiæ Franciæ
et Hiberniæ Regis Fidei Defensoris &c. tricesimo primo, apud
parochiam Sancti Michaelis Cornhill Londonia prædictam quoddam
falsum malitiosum scandalosum et odiosum libellum intitulatum
_The Protestant Domestick Intelligence or News both from City and
Country. Published to prevent false reports_, falso malitiose et
scandalose imprimi causavit et publicavit in quo quidem falso
malitioso et scandaloso libello (inter alia) continetur prout
sequitur _On Friday last, the 16 instant, Articles of high
Misdemeanor were offered by way of Complaint to the Kings most
Excellent Majestie, and the Right Honourable the Lords and others
of His Majesties most Honorable Privie Council by Dr. Oates and
Captain William Bedlow, against the Lord Chief Justice Scroggs_,
(prædictum Capitalem Justiciarium innuendo) _therefore if any
have been oppressed or injured by the said Lord Chief Justice,
they will be speedilie Heard, if they in time come in; the Cause
will its thought be heard the beginning of February_. In magnum
scandalum ignominium et contemptum dicti Capitalis Justiciarii et
authoritatis suæ in malum et pernitiosum exemplum omnium aliorum
in tali casu delinquentium ac contra pacem dicti domini regis nunc
coronam et dignitatem suas &c.[211]

The result of the prosecution does not appear.

A copy of this newspaper is preserved in the Library of the British
Museum.

250.

A speech lately made by a noble Peer of the Realm. London. Printed for F.S. at the Elephant and Castle near the Royal Exchange in Cornhill. 1681.

This was published by Francis Smith, the bookseller, and for so
doing, a prosecution was instituted against him. He was tried and
convicted, but his sentence does not appear.

The information is as follows:--

Memorandum quod Cresswell Levinz miles attornatus Domini Regis
nunc generalis qui pro eodem domino rege in hac parte sequitur
in propria persona sua venit hic in curiam dicti domini regis
coram ipso rege apud Westmonasterium die Sabbati proxima post
crastinum Purificationis Beatæ Mariæ Virginis isto eodem termino
et pro eodem domino rege dat curiæ hic intelligi et informari
quod Franciscus Smith nuper de parochia Sancti Michaelis Cornhill
Londonia Bibliopola vicesimo quarto die Decembris anno regni domini
nostri Caroli Secundi nunc Regis Angliæ &c. tricesimo secundo apud
parochiam prædictam infra civitatem Londoniæ prædictam vi et armis
&c. falso et malitiose scripsit et publicavit et scribi imprimi et
publicari causavit quendam fictum falsum seditiosum et scandalosum
libellum intitulatum _A Speech lately made by a Noble Peere of
the Realme_ in quo quidem libello continetur hæc falsa ficta et
scandalosa verba sequentia _My lords 'tis a very hard thing to say
that we cannot trust the King, and that wee have beene already
deceived so often that wee see plainely the apprehensions of
discontent in the people is no argument at Court And though our
Prince be in himselfe an excellent person that the people have the
greatest inclinations imaginable to love; yet we must say he is
such an one as no story affords us a paralell of; howe plaine and
how many are the profes of the designe to murder him, how little
is he apprehensive of it._ Et in altera parte ejusdem libelli
continetur hæc falsa ficta et scandalosa verba sequentia scilicet
_My lords I here of a bargaine in the house of Commons and an
addresse made to the King, but this I know and must boldly say it,
and plainely, that the nation is betrayed if upon any termes we
part with our money till wee are sure the King is ours, have what
lawes you will, and what condicions you will they will be of no
use but wast paper before Easter if the Court have money to set up
for popery and arbitrary designe in the meane while on the other
hand give me leave to tell you my lords the King hath no reason to
distrust his people no man can goe home and say that If the King
comply with his people they will doe nothing for him but teare all
up from him we want a government and we want a Prince that we may
trust even with the spending of half our annuall revenues for some
time for the preservation of the Kingdome._ In malum et pernitiosum
exemplum omnium aliorum in tali casu delinquentium ac contra pacem
dicti domini regis nunc coronam et dignitatem suas &c.[212]

This speech was never spoken; and was, by order of the Lords, burnt
by the hands of the hangman. A copy is preserved among the Chetham
Collection of Broadsides, Manchester, No. 2628; and it is also
printed in Cobbett's Parliamentary History, Vol. 4, App. No. X.

251.

An Act of Common Councill of the City of London, (made in the first and second years of the reign of Philip and Mary) for retrenching of the expenses of the Lord Mayor and Sheriffs, etc. Published, with additional reasons for putting the said Act in present execution, and now offered to the consideration of all good Citizens by some Well-Wishers of the present and future prosperity of the said City. Presented to my Lord Mayor, Aldermen, and Sheriffs. London: Printed for F. Smith, at the Elephant and Castle in Cornhill, near the Royal Exchange. 1680.

For this book, an indictment was preferred against Francis Smith,
the publisher, at the Guildhall, London, on September 16, 1680,
but it was thrown out by the grand jury. The best account of this
book, and the prosecution thereupon, will be found in a tract
published by Smith, at the time, and entitled, "An Account of the
injurious proceedings of Sir George Jeffreys, Knight, late Recorder
of London, against Francis Smith, Bookseller, with his arbitrary
carriage towards the grand jury at Guildhall, Sept. 16, 1680,
upon an indictment exhibited against the said Francis Smith, for
publishing a pretended libel; entitled, 'An Act of Common Council.'"

The following is a copy of the indictment against Smith:--