by the council board, to above 50%. charge and damage. In December, 1673, one Mr. Ralph Carter, and Mr. Wickhamn, messengers, came to my shop near the Royal Exchange, with a warrant to fetch me to Whitehall, where immediately they promised me either discharge or dismission upon bail to attend some urgent occasions then lay on me. But instead of bringing me to any hearing, conveyed me to a messenger's house, where I was detained three nights and three days; upon which perceiving their design to put me to charges, I contented myself without either bed, fire or food, excepting a couple of rolls privately obtained, and one pound of raisins of the sun, resolving that way to tire them out, either to accept my security for forth coming when authority pleased, or immediately be brought to hearing; at length I was constrained to threaten them, that if they kept me longer, I should call out at windows, and raise the streets upon them, for such illegal confine ment; which at length after considerable contest for fees, I addressed myself to authority in this following petition. posing thereby to affright me, that I might coinply with such his illegal demands. That upon these proceeding I repaired to counsel learned, who advised, That I might bind Mr. Carter to his good behaviour and indict him; but your honour's complainant was not inclined to any such proceedings, till I had spread my complaint before your honour: In order to which, I repaired to Whitehali on Tuesday following, and was there assaulted, and attempted to be seized by Mr. Carter in the open court again and again; but I refus ing to go with, or submit to him, was pursued by him from thence almost to Pallmall, and there again was violently assaulted, forced, and dragged to a prison-house, tearing my coat and cloak, which caused a great tumult; whereupon the people demanded of Mr. Carter, by what authority he used me with that violence and cruelty? Thereupon Mr. Carter produced your honour's warrant, which his majesty bad most graciously discharged me from the Friday before; and after all this, I was by him forced again to Whitehall, to appear before your hobut Mr. Carter afterwards pretending that your lordship was not at Whitehall, he constrained me from thence to an ale-house, and there detained me at least two hours; the said Mr. Carter still threatening my continuance as his prisoner, on the pretences before alledged; so that I was constrained to call for the master of the house, and desire him to send for the Lord Chief Justice's warrant, to bring us both before his lordship; upon this, Mr. Carter set me at liberty. nour; To the right honourable the Earl of ARLINGTON, Principal Secretary of State: The Case and Complaint of FRANCIS SMITH, Humbly sheweth; That on Tuesday the 2nd of this instant December, by virtue of a General Warrant from your honour, I was apprehended by Mr. Ralph Carter, messenger, and from that time detained as a close prisoner till Friday following in a messenger's house, denying me (notwithstanding my urgent and The premises considered, your complainant pressing occasions) to appear before your lord-humbly beseecheth your honour, That Mr. ship in order to my examination, which was to my damage 401. and upwards. That Mr. Carter denied me a copy of the warrant, or liberty with a keeper to appear at my shop to seal two bonds, and deliver several goods for Barbadoes, to the probable hazard of ruining my trade as well as credit; although my necessity was at that time so urgent that I offered Mr. Carter 1,000l. bail for my appearance before your honour; but he refused it, and confidently affirmed it was your honour's particular order I should be so detained. That after your honour's favour was obtained for my appearance at Whiteball on Friday, and his majesty's gracious favour to discharge me upon bail, (notwithstanding Mr. Carter's great incivilities to me) I gave Lim 20s. for his fee, who nevertheless on Monday the 8th of December instant, came after me into the city, where he demanded seven nobles more, the which he said he would have; and there in a very insolent manner (with many menacings, too tedious here to insert) affirmed I was his prisoner still, and that he would force me down to Whitehall in a coach, if I would not give him his aforesaid demands; saying, Let me see who dares take you out of my hands; And the better to obtain the same, (as I imagine) did falsly and maliciously pretend that I had spoken dangerous words against the king and government; sup Carter may make reasonable reparation, or be left to a due course at law. And your petitioner shall ever pray, &c. In Jan. following I had the second impression printing of a book intituled, A Treatise of Baptisin, wherein that of Believers and that of Infants, is examined by the scripture;' written by Henry Danvers, esq.; to which was both the author's and my own name and sign. This book having passed the first impression under some countenance of Dr. Parker, and the li censed catalogue of books published every term, nevertheless one Mr. Mearn, Mr. Vere, two messengers, beadle and porter to the company of Stationers, entered my house without a civil officer, and searched every room as well as my warehouse, for the said book; Mr. Mearn having but newly before, in his uncharitable diligence, seized near two thousand sheets of the said book, pretending great zeal for the service of the church of England; but the reader may judge by what follows the contrary too manifest; for in his assisting the surveying of the presses about four months before, and finding the same book printing, he passed it with a joke. About February 10, he the said Mr. Mearn being then warden, did with warden White and the beadle, come to the house of one Mr. Redman, a book-binder, and seized 500 of the said Some little time after the present lord of London was invested, Mr. Mearn (as I have good ground to believe) did mis-inform his lordship touching me and my warehouse, (wanting till then an opportunity to improve the sore disgust he had taken at his majesty's gracious favour in restoring me those books Mr. Mearn had before seized, and declared if it cost him an hundred pounds out of his own purse, I should never have then again; not being capable to do me that injury in the late bishop's time, who told him what he did against me, was matter of malice apparently, for that such and such books, which the bishop then named, were by his connivance vended, and every way as unfit to be published as mine) thereby obtamning a council-warrant, suggesting I had private warehouse wherein might be great books, and carried them away; although the complained in his hearing of his injurious said Mr. Redman would have given security for practices at a committee of lords, where he their forth-coming until I was made acquainted, appeared (the man of confidence) receiving and authority should give a legal determination; such just reflections from the lords, the secre but Mr. Mearn said he would have them into taries, the attorney aud solicitor generals, as his own custody, and damask or spoil them, im- might have precautioned a man of modesty, mediately upon hearing of which, I applied my- | though of no religion, never to bave appeared self to the lord Arlington,then principal secretary any more in such unjust and malicious actions, of state, and to the late bishop of London, setting as the sequel will discover. forth the usage I had met with, and requesting their lordships favour, That neither I nor my books might be condemned until a fair hearing, which was most readily granted. But before I could obtain a re-delivery of the said books, in April following I had sufficient intimation that this book (seized in pretended zeal to the service of the church) was re-printing for some of the same persons that had seized mine; upon which I repaired to one Mr. Downing's house, a printer in Bartholomew-close, where I found the sheet D. then printing; and in a short time after I learnt where a parcel of this stolen impression was binding: I then applied myself to Mr. Mearn, he being warden of the company, appealing to him of the injustice of this usage, viz. That he should be a chief actor against me, for printing a book (according to my belief The Mind of the holy scriptures for baptising believ-numbers of the book called The Growth of ers.) And that now I both desired and expected he would seize and suppress this, being done by his favourites, if not with his connivance. He replied, he must first send for the barber and be trimmed, and that it was not a seasonable hour; although it was eight of the clock in the morning in the month of May. Thus finding my endeavours fruitless with him, and my own books still under restraint, my market lost, and and at least 40 or 50l. expended with continued absence from my shop and trade, in attendance and application to several persons of honour; from January till May, I was, as many know, constantly harrassed to and fro; being a part of that time at Windsor, where the court then was: On the 5th of which month, one Mr. Randal Taylor and Mr. Thomas Sawbridge, that had both been very instrumental in the seizing and suppressing of my books, exposes to public sale from shop to shop, that stolen impression of the said hooks, subscribing it in parcels to many booksellers, with the author's name, and my name and sign to it; which stupendous way of proceeding, and adding oppression to the oppressed, was designed, if possible, to have ruined me and my family. Upon this unjust and monstrous dealing, I applied myself with one of their books and one of mine, to several persons of quality, and among the rest, to the right honourable the earl of Shaftsbury, then lord high chancellor of England, who was pleased highly to resent such hard measure; contributing his favour until it came to his majesty's car, who was graciously pleased to grant his order for restitution of my books. And I wish Mr. Mearn would remember, in order to his timely repentance and making me restitution, how highly ill several noble lords resented his procedures, when I Popery, and Advice to grand juries in order to the election of a new parliament, discovering the many grievances the nation groaned under by the mis-proceedings of the late long parliament: (now my warehouse, so suggested for private and dangerous, was in the open street at the Globe tavern near the Royal Exchange) nevertheless on a Saturday in July, 1678, while I was 16 miles off, came Mr. Mearn, with the then deputy-marshal of the King's-bench, and several others, to search my warehouse, (which but the week before, the same marshal, with Mr. L'Estrange and others, had searched, and found nothing criminal) and demanded of my son the key, or they would break open the door; but having ready entrance, found only the books which his majesty had graciously restored two or three years before, with several other innocent books; not one among them I dare appeal to his own conscience, reflecting upon church or state, more than barely that of baptism, respecting the time of administering: nevertheless, he sent for a cart and five porters, employing them to load the cart with above 200l. worth of several sorts of my books, and carried them to Stationers Hall; obtaining from the present lord of London, by false suggestions, an order for damasking or defacing them all: and so industrious was he, and Mr. Randal Taylor the beadle, (one of those that had some time before printed and published the stolen impression) that in two days from the seizure above 50l. worth was made good for nothing but to paste upon trunks or hatcases. Their seizure was made on a Saturday towards evening, and on Wednesday following, by the mediation of a person of honour that hath known me for 20 years, I made my appli cation to the present lord of London, that a stop might be put to the total spoil, till I had a fair hearing; and by his lordship's favour, with the message he sent to the then master and wardens, they spared no pains to put a stop to further spoil, and were contributary to all possible restitution of what had been seized, spoiled and unspoiled. Nevertheless by the first seizure, before I could recover them again, which was about six months, attendance and charges cost me above 50%. besides the loss of my market, by their prodigious and wicked act of printing an impression of the same books, while mine were under restraint, to my dainage above 100l. The re-seizure of the same books three years after, and as many other sorts as together loaded a cart, at which five porters were employed by the said Mr. Mearn and competitors, with the spoil they made by damasking, and cost to recover, damnified me above 60%. In the whole, the first and last charge and damage above 2107. upon moderate computation; besides many weeks time lost from my shop and trade, to my prejudice in probability equal to the rest. In August 1679 there came forth a pamphlet called "Observations on sir George Wakeman's trial," the author and printer of which I knew not; but it being commonly sold, I had a proportion (by some hand or other sent me.) In October following, one Mr. Stevens, a messenger to the press, brought a warrant from the lord chief justice Scroggs to bring me before his lordship, who was pleased to examine me as to the author; but I not being capable to answer his expectation in that, requested (for weighty considerations) I might not be committed, for it would much at that season tend to my prejudice, and I had sufficient citizens there present, who offered themselves for my bail. His lordship made answer, I do not except against your bail, they seem to be honest responsible gentlemen; but I tell you; you shall to gaol, unless you presently tell me who was the author of that seditious pamphlet. I replied, my lord, I cannot tell who was the author; but believe my case bailable, and beg your lordship to take bail. No, said his lordship, you may take your Habeas Corpus; I will take no bail; make his Mittimus: which was done accordingly, as followeth : I have herewith sent you the body of Francis Smith, whom you are to keep in safe custody till he shall be discharged by due course of law; oath being made before me, that there was a great parcel of that scandalous libel seen in his house or shop, called Observations on sir George Wakeman's trial. WM. SCROGGS. Dated Octob. 24, 1679. To Joseph Cooling, esq. marshal of the King's-bench prison. Upon this I had my Habeas Corpus, and in four days following was brought to the King'sbench bar, and so I was bailed; but an information was put into the Crown-office, whence a summons came for a trial at a time when I was under an extreme sickness of a high fever and every-day-ague, being brought so low, that I was not able to go cross a room without help, of which the physicians certified; and the court was moved by counsel to put off the trial till it might please God to work my reco very; but not prevailing, the jury was impan nelled, and the honourable sir Thomas Jones, who sat as judge, it seemeth advised my council that they would refer my case to the court, and he would mediate with the lord chief justice for clemency; which to a tittle his honour truly performed. At the same time, as I am credibly informed, sir George Jeffreys, who was counsel against me, made the like promise, and was waited on the day before my appear ance at the King's-bench bar, with a request for his performance; but instead of making good what he had promised before many hundreds, he incensed the court with such aggravating expressions, as procured a fine; which with the Crown-office charge and imprisonment, with the charge of Habeas Corpus, and trial at Guildhall, cost me above 361. besides a chargeable sickness several months, much more to my charge and damage. In December following, the aforesaid Mr. Stevens and a constable came to my shop with a warrant to search for unlicensed books; I desired to hear it read, and found it was a general warrant signed by the lord chief justice Scroggs, not expressing my name nor crime; upon which I replied, I should not obey it, for it was against Magna Charta, and therefore advised the messenger at his peril neither to seize me nor my books. About this time, seeing two or three sober persons make a stand, I requested them to bear witness to what might happen; then the constable replied, Sir, My work is only to keep the peace, I shall meddle with nothing. Well but, sir, said I, I conceive it is your work as well to see the peace is not broke, for neither my name nor books are mentioned in this warrant, therefore it is against law. The messenger alledged, that besides his warrant, he had particular instructions to seize such and such things; and it would be worse for me, if I obeyed not to which I replied, God's will be done, I will obey no general warrant; I have long and often known what it was to suffer, and now by God's grace I would know for what I suffered. Upon this the messenger was in a great heat, both threatening me, and persuading me much to obey his general warremember Empson and Dudley, that though rant. I replied, Take heed what you do, and they acted by an act of parliament, much greater than your general warrant, yet going against Magna Charta, they were both hanged for their pains. Upon this the messenger and constable departed. A few days after, the same messenger came again with a particular warrant, and brought me before his majesty in council; and after he had made oath, gave evidence, and charged me with refusing to obey his general warrant, de trary ways, and particular or private piques, that have (from a flourishing condition,) been reduced to such poverty, as to die in gaols; others buy a poor 3s. coffin, to carry them to the grave; witness the truth of these cases, in one Mr. Brewster, who died low some years ago in Newgate, and his family reduced to such want, that his wife lately lived upon charity, and died under great extremity. One Mr. Calvert died little less than in prison, and his family brought to total beggery, that once lived plentifully; also one Mr. Dover a printer died in Newgate, almost to the ruin of his family, Mr. Lidwell Chapman in the like manner, by continued im fined above their ability, as late instance shews; others by like imprisonments, also were ruined, by persons invested with power of surveying the stationary trade, abusing the same at pleasure; and even wink, when, and where they please, as favour or pique governs them; seize as unlicenced, because others shall not sell them, and sell them themselves. claring, That I often threatened him with a parliament, and Magna Charta, on purpose to discourage him from doing his duty, and that he had more trouble with me than all the book-not able to leave at their death so much as to sellers and printers in town besides; And it was in vain for him to execute his office, unless some course was taken with me; further adding, That I had printed queen Elizabeth's Association, (which he then produced) and two seditious petitions for the sitting of the parliament, for which he then produced a witness; further complaining, That I went up and down getting hands to petitions for sitting of the parliament, and that still as he came to search my shop for seditious books, I bid him have a care what he did, and bid him tell the 10 letters of a parlia-prisonments, he and his family ruined; others ment upon his 10 fingers, and that, sooner or later, we must have a parliament, and then I must answer for what I did, on purpose to discourage me from doing my duty with many aggravations too tedious here to relate. Upon the whole his general warrant was read, but nothing was said to it. Then my Lord Chancellor asked me, Where I had the Association? I replied, as I was a bookseller, That, as other books, came to my hands; and besides, it had been formerly printed in queen Elizabeth's days, and I hoped there was no hurt in reprinting it; His lordship replied, But the Queries in it was not then; and I must find the author, or be deemed author myself. Then his majesty was pleased to ask me, If I had printed petitions for the parliament to sit and promoted hands to them; To which I replied, Yes, and please your majesty, with all my heart, and thought I could not do your majesty and my country better service, than to endeavour a parliament at the time your majesty appointed, in January next. After some further passages to this purpose, we were bid to withdraw; and after a short stay a warrant was ordered for a messenger to carry me to Newgate, where I remained in custody, till delivered by Habeas Corpus, upon bail. [Then computing the amount of his pecuniary loss on each of these occasions, he represents the aggregate as amounting to about 1,4007. besides the loss of his shop and trade for two years together.] In compensation or support [he proceeds] towards this, or any other losses, I can truly say to this day, I never had directly or indirectly, to the value of 201. reparation, from any person or persons whatsoever. Though it hath been often suggested, both by persons in authority and others, that Competitors have born me out; upon which, occasion hath been taken to minister greater aggravation to my bonds. And as a close of this my afflicted relation, be it remembered, that many of these my sufferings both on my person and substance, were by general warrants exercised on me; and without compassion, (by those employed in surveying, printing, and vending books,) upon many others; of which a doleful catalogue might be given, of several persons by (in the general) mere arbi Even, by what they seize (to the ruin of perhaps families,) for waste paper one of another, as parties in iniquity, and sell the same for vendable commodity; yea some persons goods seized, because they shall not vend them; and others connived at to vend the same: I myself was kept a long time in the messengers hands, at horrid charges, a noble every day for fees, a mark a day seizure, a mark last day release; sometimes 52s. 6d. order before released, with diet and lodging at proportion; and another of the same trade, print and vend (with connivance) the same book. I had, as many yet know, 500 books of a great value seized at the binders, forsooth the pretence not licenced, and mine being taken from me, and near 50%. spent after them, in order to recovery; some of the same persons that made a great noise in the ears of authori ty; saying they are against the church, against the church; (at this time with such usage for ought they knew, I had not money to buy bread for my many children.) Yet the same persons could print, and sell, and connive at printing, and selling the same book, line for line; yea, and a conscience so tender or seared to put my name and sign to the same book, and sell them city and country over; as if their selling could alter or take away all the venom pretended to be in them. It was become a frequent custom to seize from some, and connive at others, to print and vend the same. а And notorious it is that one Mr. Bprinter was sworn against through a brick wall, as my information saith, and utterly ruined from all visible probability of ever recovering; his materials so broken and damnified; as dis abled him from his common customary ability of getting bread for, his family; and what was his crime? (a very great one, as most others before him here inserted) he printed, or was printing a Speech made in Common Council, by a member thereof, for a petition to his majesty to dissolve that (by some worthy patriots of their own accounted; and felt one great grievance of the nation,) the late long parliament. And the author of the said Speech was many weeks kept in the Gate-house for his intended good service. Were all the ruins and spoils that have been made upon booksellers, printers, and merchants in books, and haber dashers, printed here, it would contain a volume; Till therefore a further opportunity calls for it; I shall omit much more that might be here inserted; humbly praying God Almighty to continue this honourable sessions of parlia ment, from whom it is not doubted, (when froin more weighty affairs they can condescend into the inspection of such grievances,) but they will both punish offenders, and make such provision, as learned men of great worth, may not subject their labour to the pleasure of an imprimatur, or censure of striplings to them; nor yet booksellers and printers wait the justice and favourable dispatch of a license, till their markets be over, as is notoriously known, and felt by too many witnesses. of the sadness of my sufferings and damages, Having thus given a short and true account and also of the most that I have received in reparation, I hope I shall neither be looked upon as an unquiet and troublesome man, deserving those afflictions I have undergone; nor as one that by men of like unquiet spirits have at least my charges repaired; But that I may stand in the eyes of honest and unprejudiced persons, as a man who desires to preserve myself and family by my trade, as well as I may; (yet have met with hard dealings, great sufferings and losses, and these for the most part illegally and unjustly brought upon me, by the malice of ill men, which if I may obtain), I have the desired end of this Narrative, and subscribe myself a servant to all true English men, while, FRANCIS SMITH. 263. The Trial of JANE CURTIs, at Guildhall, for publishing the same Libel* 32 CHARLES II. A. D. 1680. Mr. Holt. MAY it please your lordship, and gentlemen of the jury, here is an information brought against Jane Curtis; and it sets forth, That the defendant did publish and put to sale a seditious libel against my Lord Chief Justice Scroggs: The defendant pleads Not Guilty; if we prove it upon her, you are to find for the king; and if not, you are to say so, and no more. Mr. Williams said (who was a counsel for the defendant), he would admit the record: whereupon they proceeded no further to trial, but the woman being called, she said: Mrs. Curtis. I was ignorant in the matter, and knew no such thing, my lord; my husband, an't please your lordship, was in the In an account which was published of this trial, this Jane Curtis is called wife of Langley Curtis, and the libel for the publication of which she was tried, is called, “A Satire upon Injustice, or Scroggs upon Scroggs." country a hundred miles off of me, in Lincolnshire. Justice Jones. You did it ignorantly and simply, without any malice, and, I suppose, you are heartily sorry for it. You see your neighbour there, Mrs. Smith, hath shewed good discretion in the behalf of her husband; she has ingenuously declared, that he shall come and make submission, and if I find you as submissive, and as sorry for what you have done, L may do the like for you. Mrs. Curtis. In any thing that I have done, I know not myself Guilty; and if I am, I beg your lordship's pardon with all my heart, my lord, or any body's else. Justice Jones. I know you will find mercy from my Lord Chief Justice, and therefore go and make your submission. Then the jury proceeded to give their verdict, and their foreman said, Guilty. See the Proceedings against the Judges, in fra. 264. The Trial of Sir THOMAS GASCOIGNE, bart. at the King's Bench, for High Treason: 32 CHARLES II. A. D. 1680. Sir. T. Gasc. No, I cannot hear, I am very deaf. close to the bar, and went on thus:] [Then the Clerk of the Crown went down Cl. of Cr. Sir Thomas Gascoigne, hold up thy hand. [Which he did.] Thou standest indicted by the name of sir Thomas Gascoigne, late of the parish of Elmett, in the West-riding in the county of York, bart. for that thou, as a false traitor against our most illustrious and excellent |