AN ACCOUNT OF THE PROCEEDINGS AGAINST Nathaniel Thomson, UPON HIS TRYAL AT THE KINGS Bench-Bar Westminster, Who was Tryed, and found Guilty on Wednesday the 26th of November 1684. For Printing a Dangerous and Seditious LIBEL, Intitled the PRODIGAL RETURN'D HOME, asserting the POPES Supremacy in Ecclesiastical Affaires, &c.

THE House of Nathaniel Thompson the Printer, upon Information, that divers Seditious Books or Papers, were Printed by him: And especially, a Book Intituled the Prodigal returned home; asserting the Popes Supremacy in Ecclesiastical Affairs being searched, &c. A consider­able quantity of those Books, were found and seized by Mr. Stephens Messenger to the Press; as likewise, a Book known by the name of Doleman a­bout Succession, whereupon Mr. Thomson by virtue of a Warrant, being taken into Custody, after some Examination was Committed to Newgate, Bail not being accepted, in a case of such a dangerous consequence; notwithstanding, he moved by his Counsel at the Kings-Bench Bar, for a Habeas Corpus, which after some diffi­culty he obtained, and was thereupon removed Corpus cum Causa, to the Kings-Bench, and charged with an Indictment of Trespass and Misdemeanours, for Print­ing the said Seditious and dangerous Libel; upon which, the Tryal come on upon Nisi prius, on the 26th of November 1684. when as the Council for the King, af­ter the Juries being Impanell'd, and sworn, opened the Case, Informing the Jurors that Nathaniel Thomson the Defendant, stood Indicted, for Printing a Seditious and dangerous Book or Libel, asserting the Pope's Supremacy above the Kings, in or­der to withdraw His Majesties Subjects from their Allegiance, and to bring a scan­dal upon the E [...]lished Government &c. and that divers of the said Books, Inti­tled the Pr [...]ed home, had been found in his House, that he had been no­ted for a Pe [...] had accustomed himself to Print and disperse Libells &c. which accordingly [...]pear to them upon Evidence to this effect the I [...] [Page] that being Informed by one Alexander Banks, not long before in Service with Mr. Thomson, that several ill Books seditious and dangerous to the Government, had been Printed by his Master, and that many had been dispos'd of, and that himself had help'd to Compose part of a Book, called the Prodigal returned home, and that he doubted not, if search was speedily made, some part of them might be found in the House, he on the 21th of October last, taking to his assistance one Mr. Clinch a Constable, and suddenly entring the House, found several of those Books in Quires, and that he found another seditious Book, in the hands of Mr. Thomsons Maid servant, which she had taken from her Mistriss, further urging, that he had formerly Printed and Published the Appeal, and the Libellous Pamphlet Intitled the Noble Peers Speech, &c. and that Mr. Thomson since his confinement, had con­fessed he had Printed Three Hundred of the Books, for which he was brought up­on his Tryal, but that he had done them for a gentle Man, that was to carry them beyond the Seas, not designing to disperse them in England, and that he had named the Author, but his name he could not well remember: The Evi­dence having proceeded thus far against the Prisoner, Alexander Banks was Exa­mined, and demanded whether he had not Composed part of the Book in que­stion, who with many abrupt stammerings, endeavoured to deny it, although he had formerly sworn it, and his Examination taken by Mr. Recorder, produ­ced, for which willfull Retraction, being sharply reproved, Mr. Clinch the Con­stable was Examined, who confirmed all that Mr. Stephens had sworn, in rela­tion to the finding the Books in the House of Mr. Thomson, adding, that meet­ing with Mrs. Thomson, and perceiving her to hold something slyly behind her, he demanded what it was, to which she replied nothing, but he pressing her to see it, her Maid took it out of her hand, and went about to escape with it, but was taken, and the Book seized, which imported matter of very evil con­sequence.

Notwithstanding, the Evidence being thus full, that the Jurors might the better understand the malicious design of the Libel, divers Paragraphs on which the Prosecution was grounded, were Read, Importing, that the Proselites of the Reformed Churches, by reason of the Heresie they embraced, were not capable of Salvation, and that St. Peter being once appointed Head of the Church, the Pope as his Successor, derived this Power from him, and that all Ecclesiastical dignities must of necessity hold of him and the Bishops &c. ought to be of his Constituting, Insinuating how Gregory the Great, had the whole Power of Eccle­siastical Affaires in his hands, and that Christian Princes intermedled not therein, when he sent St. Augustine and his Monks into this Nation, who Established the Romish Religion, and subjected the Ecclesiasticks to the Sea of Rome, In fine, it al­together appeared to justifie the Romish Religion, and plead for the Popes Supre­macy, magnifying the Pontifical Prelates, and justifying them in their Usurpation, and unlawful claime.

To this the Prisoners Council made reply, that he hoped what had been pro­ved, would not extend to make his Client guilty of publishing the Books (which he could not deny were ill and not justifiable) for as much as it did not ap­pear, he had exposed any of them to sail, to which it was replied, that he had confessed he had Printed them, and it could not be Imagined he designed them for wast Paper, or to dispose of to any other end, than to disperse them, or that they might be dispersed, and that such things were of ill consequence, nor had this been the first Libel the Prisoner had Printed, as had appeared up­on Evidence, when little or no other defence being made, the Right Honoura­ble the Lord Chief Justice, gave the Charge, fully summing up the Evidence, and minding them especially, of what the Prisoner had voluntarily confessed, laying open the dangerous effects such Libells might produce; declaring, that upon the Evident proof they had before them, and the confession of the Pri­soner which had been sworn, they could no less then find him Guilty, where­upon laying their Heads together, without going from the Bar, they gave in their Verdict, that Nathaniel Thomson was Guilty of the Trespass, &c. And he con­tinued in order, to receive the Judgment of the Court.

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