THIS Person among others, intend­ing to Scandalize the Govern­ment, hath caused a Book to be published, which I have here in my Hand, called, The Weekly Packet of Advice from Rome, there are some Papers besides what are bound up together, that are con­tinued on, which, my Lord, would not be amiss for us that are of the Kings Counsel to take notice of, not only for the Juries Satisfaction, but likewise for the Satisfaction of this great Auditory, some whereof I know come to pick Advantage, and to know whether or no Rascals may not have Liberty to print what they please. Now all the Judges of England ha­ving been met together, to know whether any Person whatsoever may expose to the publick Knowledge any manner of Intelligence, or any matter whatsoever that concerns the Publick? They gave it in as their Resolution, that no Person whatsoever could expose to the publick Knovvledge any thing that concerned the Affairs of the Publick vvithout Licence from the King, or from such Persons as he thought fit to entrust vvith that Affair. But such is the Age that vve live in, that a man that hath Wit enough for to libell any Man in the Government, thinks he hath Licence enough to expose that Man to publick Knowledge also. And they do it under specious Preten­ces, because they think that any man may be exposed to the publick Censure, that they can either call a Papist, or [Page 2] but popishly affected, and that man is either the one or the other, that is not agreeable to every Rascally Humour that some People affect. I acknowledge, my Lord, that any man that will in a Legal Manner endeavour to suppress Popery, ought to be encouraged in his Endeavour, to the utmost, but if in Case any man vvill be transported with Zeal, because he is of a Party, and under pretence of endeavouring to Suppress Popery, should support a Party, that man ought to be detected. The Author of this Pac­quet of Advice from Rome, or the Publisher of it, Mr. Carr, that is now the Defendant, he thinks he can scratch the Itch of the Age, and that he may Libel any man concerned in the Government, if he can but call him a Papist or popishly affected; let a man be never so honest, let a man be never so much for the Support of that Religion that every ho­nest Man ought to Support, that is, the Protestant Religion as it is Established by Law, without going to Rome or Amsterdam for Assistance. I will not mention the Per­sons that are concerned in it, but I will apply my self whol­ly to this matter, that it is the Opinion of all the Judges of England, that it is the Law of the Land, that no Person should offer to expose to publick Knowledge any thing that concerns the Government without the Kings imme­diate Licence. Now we are to try whether this Person expo­sed this thing to publick Knowledge, and that is matter, Gentlemen, that you are to trie. The other is the Busi­ness of the Court, vve are to say vvhether, if vve prove the Fact, this man is guilty of Punishment, and no doubt the Justice of the Nation vvill punish him. But vvhen I see so many svvarm about me, I am vvilling to hear vvhat Proof there is.

I am of Counsel for the Defendent, I only offer it to your Lordship, that the Information may be proved.

Here are two things we are to keep to [Page 3] the Matter of Proof according to the Information, and ac­cordingly are we to proceed as in Common Justice we find the Case to be. I must say that for the Prisoner, he has behaved himself with as much Modesty as in Duty and Ho­nesty he ought, But I find that Sir Francis Winnington puts you upon proving.

My Lord, vve vvill prove it.

Let them that are not of the Jury go forth, the Jury is no more to be corrupted than the Judge.

We must be allovved the first part, that there was a Plot.

The Jury may take that upon their Oaths, they know there was a Plot, the certainest of any thing of Fact, that ever came before me.

Mr. Stevens, Printer.

Did Mr. Car own he writ this Pacquet, had you any from him.

I had several from him.

Of vvhom else had you any?

Besides Car.

You are upon your Oath, from whom ever had you any besides?

I do not remember that I had any from any body else.

You printed them, did you?

Yes my Lord, I did.

And you know of none from any else, but by him or his Orders.

No my Lord.

Shew him the Paper. Can you Swear upon [Page 4] your Oath, that Mr. Car did send or deliver to you that very Paper?

I can't tell that any body else did send it.

We must do here, as we do in all Cases, He saith, I had divers of these Papers from him, I printed them, and I know of none that ever was but by him or his Or­der.

He saith so, but, my Lord, the Information is to such a particular Book, Entituled a Pacquet of Advice from Rome.

He saies this in Answer to it, I can't charge my self with this particular, to say positively, I had it from him: But this I can say, we had several from him, and I know of none else, but all were by him or his Or­der.

Will your Lordship give me leave to ask him one Question, can you Swear that any that came from him, contained the very matter in that Book? Was it the Matter or Words?

Do you Believe it?

Good Mr. Recorder let me alone. Can you say it is the very Matter contain [...] in that Pa­per?

I can't say that.

It is not an easie matter for a Man to remem­ber the Matter of a Paper that is writ on all Sides. He Swears that they had several, and that they had none, tho he printed them, from any but him or his Order. This Question Sir Francis Winnington asks, had you this parti­cular Paper from him, he cannot Swear it was the same he had from him, but he does Swear all the weekly Intelligences were from him or his Order; he does not Swear for the Matter of this Book, which no man will do. But he does Swear that these Papers were alwayes by him or his Orders, and that several were received from him.

I ask you upon your Oath, he brought it you in Writing did he not?

They came in Writing.

Have you any of these Papers to shew?

We did not regard them when they were Print­ed.

His Cause shall be tryed very justly, and very indifferently.

Had you ever a Paper from Car's hand or no?

We had few from his own hand.

Had you any?

I can't remember.

Had you any? you are upon your Oath.

My Lord, I can't remember.

Had you one, or two?

Indeed, my Lord, I can't remember. I can't say up­on my Oath he ever brought one.

How then came you to say, you had several from him?

Ay, my Lord, from him, that is, by him or his Or­der.

Are you sure it was by his Order?

I did conceive so, my Lord.

Had he any Mony?

From me?

Had he any Mony from any Body for Print­ing any of these Papers, as you can remember?

I do suppose so, I have heard he had.

Did you give him any?

No, my Lord, I was not concerned. The Publisher, my Lord, was between him and me.

Who is that?

That is one Curtis.

Did Curtis pay him any Mony?

I never saw him pay him any, my Lord.

Hath he owned at any time he had any Mo­ny.

My Lord, I never had any Occasion for that Questi­on.

Have you talk't with Carr.

Yes, my Lord.

Now I shall have you: for I do believe you are an honest Man. Did Carr ever own himself to you to be the Author of this Book, or any of these Papers?

My Lord, as I said in the other Case, so I say in this, I had no Occasion to dispute it, I took it for grant­ed.

Have you ever heard him own it?

I have heard him deny it.

How did you come to take it for granted that he was the Author, when he did once deny, but never owned it? answer me that Question, and thou shalt be a brave Man.

My Lord, there was never Occasion for that Dis­course.

Look you Sir, you must answer me in a Way agreeable to common Reason and Understanding. Why did you say just now you took it for granted that he was the Author, and yet you say he hath denyed it, and never owned it? Why should you then Believe he was the Au­thor.

I don't say, my Lord, he never owned it.

What tricks we have in this World.

I would ask the Gentleman, I will not Quarrel with him at all, if he thinks not in his own Conscience he has reason to Quarrel with himself. Did he ever own it to you.

I don't remember he ever own'd it to me in so ma­ny words.

Did he treat with you in these Circumstances as if he were the Author?

Yes, my Lord, I grant that.

But do you Swear it is so. We don't care for your granting: I ask you upon your Oath, did you ever dis­course him as the Author of these Papers.

I supposed him to be the Author.

Did he deny it or baulk when you discourst him of this Matter.

My Lord, I must needs say as I said before, it was taken for granted.

You had it in Writing, where are those Wri­tings?

We seldom regard those Writings.

It is hard to find the Author, it is not hard to find the Printer: but one Author found, is better than twenty Printers found,

My Lord, I will ask this Man a Question. Upon your Oath, who brought you that Writing?

What Writing?

That by which it was Printed: who brought you that Paper?

I don't remember particularly, I had any of Mr. Carr himself.

Can you name the Person that brought this Paper, or any one Person that brought any one Pa­per?

There was a little Boy.

Whose Boy?

Mr. Car's Boy.

Now it is out.

Name the Boy.

I do not know his Name.

Can you name another, can you name any Bo­dy else.

Truely, Sir, I don't remember any Body else.

now I will ask you one thing: Had you any Di­rections for the Printing this Paper?

To what purpose was this written Paper brought to you?

To be Printed, my Lord.

VVho gave Directions?

It was the Publisher that chiefly directed me.

VVho was that?

I have named him.

Name him again.

Curtis.

Did Car never direct you to Print this Pa­per?

He did not deal immediately with me.

VVhen the little Boy came, who did you take him to come from? from Mr. Carr, or Mr. Curtis?

From Mr. Carr.

He says he was Carr's Boy, and that he came from him. This I speak to the Jury, and I promise you this, if my Life and Fortune were at Stake, I would be tryed by this Jury at the Bar; and would do in this, as in all Cases. Mr. Car, is looked upon as the Au­thor of this Book, that it either came from him or by his Order, his Boy (he can remember no Body else) did bring it. This is now remaining only, are you sure Mr. Carr sent him, saith he, we talk't with Mr. Carr several times.

Thus it is, my Lord in the Information, Mali­ciose & illicite imprimi causavit & publicavit. Now I would only ask him a Question, my Lord, Whether or no did Mr. Carr own to you, that he sent the Boy to have it Printed?

No, Sir, I think not.

That is the same Question asked before. Did Mr. Car ever own it as his or no? Upon your Oath, did Carr own this Pacquet to be his when you discourst with him about ith

My Lord, I humbly crave your leave to explain my self. I mean by the Discourse I had, common Conversati­on, as the drinking a glass of Wine: but I know not that ever we discourst upon this thing.

I mean so, When you talk't about this Matter, Did you take it by his Discourse for granted, that he was the man that publish't it?

I took it for granted, because I had it from him.

What say you to this? Have you blamed Carr for writing too sharply in this Book against the Govern­ment?

My Lord, I do confess I have.

VVhat Answer hath he made, when you blamed him for writing too sharply as you thought? did he deny that he did it?

I do not remember that.

VVhat sort of Answer did he make to excuse it, that he thought it not too sharp, or did he say, I care not.

My Lord, I can't particularly say what Answer he made.

VVhen you blamed him, by the Oath you have taken, upon that Blame of yours, did he deny he wrote it.

No my Lord, I do not remember he did.

Did Carr at any time deny he was the Author or Publisher of it?

He hath at sometimes.

VVhat did he deny?

That he was the Author.

Of what Book?

Of the Pacquet.

Did he deny he was the Author of this parti­cular Book for this week, or deny it in general? Did he de­ny in general that he was the Author of that Book that is called the Pacquet of Advice?

I have heard him say sometimes, that he was not the Author.

And sometimes what?

I have heard him say sometime or other that he was not the Author.

And what else?

The Printers Servant.

Are you acquainted with Carr?

I never had any Converse with him.

Do you know any thing of the Pacquet of Ad­vice?

I know we have had Pacquets from him: I fetch't some from him.

VVhat, from his Hands?

Yes.

VVhat from his own hands?

Yes, in pieces, no whole Sheets.

This is my Servant, I am not always there.

My Lord, I would ask this Man a Question. This Printed, Paper that is put in the Information, did he ever deliver that to you?

I can't speak particularly to any one.

But generally to all?

Have you done?

I ask you a Question?

If you could, Mr. Williams, shew me any Author besides Mr. Carr, I would say something.

Who brought you this Paper?

Which Paper.

I don't speak of this Paper particularly. Did any bring any besides Carr?

Yes, his Boy.

Did any body else bring any from any Place?

No body else that I know of.

The Pacquet he brought you, had it been Printed before? I ask you upon your Oath, was it print­ed before he brought it?

Did he bring Papers to Print that were never Printed?

They were never Printed that I know of.

Did he bring any to Print?

I can't say he brought any.

Did Mr. Carr bring any▪

No, the Boy.

Who directed you to Print them? did Carr direct you?

I can't tell, I am a Servant in the House.

I will assure you a Non est Factum can't pass at this rate.

Who did you take to be the Man that sent you all the Pacquets.

I very seldom took any, because I was not alwayes in sight.

Who did you understand?

I understood they came from Mr. Carr.

Have you any more? Read the Words in the Information.

Fryday the 1st▪ of August 1679. The [...]e is lately found out by an experienced Physitian, an incomparable Medicament, called The Wonder-working [...] Truely Catholick in Operation, somewhat of Kin to the Jesuits

[Page 12] Powder, but more effectual. The Vertues of it, are strange and various. It makes Justice deaf, as well as blind, and takes out Spots of the deepest Treason, more cleaverly than Castle-Soap does common Stains. It alters a Man's Consti­tution in two or three dayes, 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 Innocency in the blackest Malefactors. 'Tis a mighty Cordial for a declining Cause, it stifles a Plot as certainly as the Itch is destroyed 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 pretious Balm is bright and dazling, and be­ing applyed privately to the Fist, in decent manner, and a competent Dose, infallably performs all the said Cures, and many others, not fit here to be mentioned. Probatum est.

I am Councel for the Defendant. May it please your Lordship, and you Gentlemen of the Jury. I am Councel in this Cause. And the Question is, Whether or no we must take the Information as it lies? And true­ly, for the first part of it, whether there was a Plot or no, I do not intend to make exceptions: for I believe there was one, and do intend to take it as in the Information. Gentlemen, we are to proceed now to this other Questi­on; which is, my Lord, Whether or no this Defendant, that is Carr, did falsely and malitiously, and with design to scanda­lize the Government, cause to be printed and published this false Libel, that is in the Information. Now truely, my Lord, We that are for the Defendent, say we are not guil­ty. My Lord, we very well know how penal a thing it is, for a Man to be the Author of a Libel that relates to the Scandal of the Government. And, my Lord, whe­ther this Defendent be guilty of this or no, we must sub­mit [Page 13] that to your Lordships, and the Juries consideration. They have produced two Witnesses, that is to say, the Printer and his Man. Now, my Lord, there hath been going out for some time, a Weekly Pacquet of Advice from Rome; and I did ask the Witnesses (for the Information Points at one Paragraph, and puts the Paragraph In haec verba) I did ask him, whether or no he did send, or, whether the Matter that he sent, is that contained in this Informati­on. That he could not Swear; but must be left in point of Evidence; it being, we allow, a very penal Matter. The second Witness, and the first Witness likewise say, there was a Boy, but whether that Boy came by his Masters direction, he does not know. I ask't him if ever his Ma­ster sent the Boy, he does not know; he says that he sent him. But the last Witness says, divers were had from the hands of Carr; but whether it was the thing that is now complained of; there is the Question, and that is in the dark. For, by your Lordships leave, I do not understand that ever this man was complained of to any publick Ma­gistrate for writing this Book: for it was thought he was a Satyrist against Popery; and thought to be very well liked on, til this Fault was found with it; and 't may be very justly, whether or no we be guilty of this, is uncertain: for we know, in the Age we live in, there are two many shams put upon men, and who knows, but that the Papists, that might have an ill will to this Mr. Carr, that hath been no Friend to them, might shuffle in this Paragraph, by that means to have Justice come upon him. I would not con­trive against common Evidence, where a Man is guilty to the Publick; but we know there are abundance of Ar­tifices in this Age to abuse Men. For this purpose I hope your Lordship and the Jury will expect that you should have positive Evidence against him. Now, granting your Lordship should have Conjectural Evidence, that he [Page 14] did cause it to be Printed and published, that this Man did write it, is, I say, very uncertain, for there is no posi­tive Evidence. What a man may have in his private thoughts of it, is not enough: but whether Secundum alle­gata & probata, it shall be alleadged and proved that this man was the Author of it. Now, my Lord, I say, I must submit it to your Lordship, I say, that as to the cau­sing it to be Printed, or the causing it to be Published, or that this individual Paragraph was writ by him in Order to its being Printed or published, my Lord, I say, there is but remote and conjectural Evidence, and an angry Papist might contrive this way to have an Innocent Protestant found guilty.

Hem—

You see what a Case we are in, Gentlemen, You see what a sort of People we are got among. Go on Sir Francis.

With your Lordships leave, I have one thing to put to your Lordship. The Information sayes, false, illicite, & malitiose. I know there are some things that do imply Malice in themselves. Truly, my Lord, I am upon a tender Point, and know not how to express my self. I say, supposing it should fall out, that this Man writ this Book, and he might have some little extrava­gancies in his Head in writing, whether this Man did it malitiously to scandalize the Government, as the Informa­tion says, is a Question. Truely, my Lord, there is many an indiscreet Act a man may be guilty of, that cannot be called a malitious Act; and that is the second thing, there must be Evidence that this Man did it malitiously, or that he did it with a design to scandalize the Govern­ment. If you be of Opinion, that it is otherwise, that is, in your Lordships Breast, we are of the Negative, and we say, we can't prove a Negative. But if you find him In­nocent, I suppose there will be no Cause to complain of him afterwards, for he had no Malice in his Heart.

My Lord, it can never be supposed, that a good Man, and a good Subject should do an ill Action. If he be a very good Subject, if he be upon a Square in every respect, a Person that loves his King, and loves the Government, in Church and in State if he be such a Person, he cannot be thought guilty; my Lord, we will prove him to be such a Man, and I hope the Gentlemen will be­lieve us.

Call Mr. Sutton, Mr. Ayliffe, and Mr. Ambler.

Mr. Sutton, do you know Mr. Carr?

I know him very well.

How long since have you known him?

Two or three Years.

Does he go to Church or Meetings?

He hath been with me at Church often.

Does he receive the Sacrament according to the manner of the Church of England?

I was never with him at the Sacrament.

Is he one of them you call Dissenters?

Did he ever discourse with you concerning this Book?

My Lord, I have often spoken to him.

Has he disown'd he was the Author?

He has so sometimes.

How do you believe it was upon that Dis­course?

I do think he is able to write such a Book.

That is not the Question, answer me what I ask.

It did seem something like his Writing me­thought.

Did it seem by his Answer to your Discourse with him?

Pray tell us, did you look upon him to be the Au­thor?

By the discourse you had with him. How did it appear upon that discourse? Pray tell us plainly and clearly, How do you think by the discourse you had with him concerning this Pamphlet, whether he was the Author or no?

My Lord, about a Year, or a Year and an half since, I did ask him whether this Book were Licens'd, he told me it was Licens'd by Mr. L'Estrange: but he did not tell me he was the Author.

How did it seem by his discourse?

I did apprehend he might write it.

My Lord, but the Question is, whether he writ this Paragraph.

Mr. Ambler.

Mr. Ambler, pray do you acquaint my Lord, Do you know Mr. Carr?

Yes Sir.

How long have you knowd him?

Three Years.

Of what Conversation is he, and how affected to the Government?

He went to Church with me.

Do you look upon him, as a man well affect­ed to the Government? Do you think he would maliti­ously write any thing to scandelize the Government.

How do we know how Mr. A. understands the Government.

Mr. A. Had you any discourse with him about the Pacquet of Advice?

Never in my Life.

Did you ever hear of the Book?

Yes, Sir.

Upon your Oath, Did you look upon him to be the Author?

The common report was, that Mr. Carr was.

Mr. Ayliffe.

Mr. Aliffe, Do you know Mr. Carr?

Yes, Sir.

Is he a conformable Man to the Government, in Church▪ and in State? Does he go to hear Common-Pray­er?

I have seen him at Church, and at Divine Service.

Did he behave himself reverently there?

Yes, Sir.

Do you think he writ this?

My Lord, I never asked him.

My Lord, it seems he was accounted the Author of Books, but whether of this particular one in the Information, we conceive not prov'd.

If we should not do right, we disclaim that Service we owe to the Crown, and that respect we owe to the Government, as honest Men, and as true Protestants, and as much against Papists, as any men whatsoever. I shall endeavour to give the World satisfaction, that this man is guilty of this Offence. My Lord, for any man to come and pretend that we must prove, that a man is malitious, or because that a Man writes against the Papists, he must never therefore be convicted of Malice, surely, is a strange Argument; And I wonder to hear any Man that pre­tends [Page 18] to reason, Men of Sence, and Conscience, and Understand­ing, so out of their common Sense and Understanding, as to make that go as an Argument. Gentlemen, the things themselves bespeak their Malice. For so we in our com­mon discourse, when we bring our common Actions, (of which you have heard a number) if in Case, any man call a man Thief, we say he does falsely, and malitiously, and scandalously call a man Thief. If we prove he called him Thief, the very thing does intimate, he does it falsly, scan­dalously, and malitiously. Therefore, the thing it self is a sufficient Indication of the Malice and Depravity of it. There's no man, but may know in plain English, what the meaning of these words; It is as plain as can be in the World. We must debauch our Understandings, and be as great Doltheads, as they would make all men that will be of their Party, if we don't plainly see into the meaning of these words, That Justice is to be bribed with Mony. In the next Place, Gentlemen, we do not come and say, that the Information lies against these very particular words, that is a Mistake of the Information, but the Information is, that he did cause to be Printed and Published a Book, in which among others, there were such words as these; though, if they had been the very words themselves, the very words have been proved. Now, there is no better Proof under the Heavens, than the Proof we have offered. The Printer himself, he comes here and saies, that Carr did ac­knowledge himself the Author, and he did gene­rally publish the Book. I appeal, if you do not Believe it. This they would now come and excuse; for they are glad to make a Rascal of any of their Party, if they can but save a man that is Guilty. But, things come out with much difficulty, and much straitness; and I must say, if ever any thing were an Instance of Popery, then that man is one of the Jesuited'st Fellows that ever was; for he does, cant so like them, that a man can't tell how to govern [Page 19] Who was it that should write these things? Truly, he had discourst with him about the matter. Who sent the Boy? Do you know? Truly I can't tell, and wonderfull great Snuffling and Canting before he comes to the business. Besides, what can there be more plain than the Proof Pieces before the Publishing. To'ther Man sayes, that he was the Man that fetched pieces from Carr's own hand, and that he alwayes looked upon it that all did come from Carr.

Now every man that knowes any thing of Print­ing, knows this, that after it hath first taken the Press, it is alwayes carried back again to the Author, to see whether it be done according to his mind; and after that, it comes to the Publick view. And that this man, Carr, is the Author. Mr. Sutton and the rest of his Witnesses, if they speak according to Conscience, they themselves looked upon this very Man to be the Author. Their own Witness looked upon it so. It was not only the Private Opin­ion of these Men, but the General report of all. So that, my Lord, had it not been necessary to the support of the Government, I should have scarce troubled my self to give your Lordship and the Jury this Trouble. But I must say, and I do believe, that there is no man whatsoever, that stands to have vices of this nature convicted and punished; but desires the Protestant Re­ligion may be supported to the utmost, and that Popery may be supprest. But I say, who ever it is, that after this evidence, who is bound by his Oath to go ac­cording to evidence, shall acquit this man, he must be a man of a Humming Conscience indeed.

I shall hint one thing to your Lordship in this case. That it is an unlikely thing that a Papist should set out this Pacquet at this time. For then [Page 20] my Lord, how came it to Pass, that Mr. Carr▪ had none came out that Week; for his is a weekly intelli­gence. If Mr. Carr's had come out and this likewise there had been some pretence for this: but since there came out but one, that the Papists set out this is unlikely. They have not pretended to bring in any body else as the Author: but there own Witnesses say, and they themselves say, he was looked upon as the Author. Those things that are done against the Government, are never done in the face of the Government.

Really, Gentlemen, I thought not that this had been a Cause of that Moment, that now I find it. For their very Disturbance hath altered it from Mr. Carr's, to a publick concern. The noise which they make, this way that these People use, that with their shouts and noise attend the cause, hath quite spoiled it. As in the Case of Harris. But those People that did then attend him, leave fol­lowing him in a Goal, for Five Hundred Pounds, which may be five shillings a piece had discharged him of, if they had been as free of their purses as they are of their noises and acclamations: So that in Truth, they are only violent against the Government whilest they can make shouts and noises, but if it come once to deliver a man from a penal sum they will let him rott in Goal. For so Harris sent to me, that his Party had all forsaken him, and no man would give him any thing. And this is for those Hummers, those brave fellows that seem to espouse a Cause, and yet leave their Party in distress: but let them go away with this, that they prove them­selves [Page 21] hereby▪ Enemies to the Government, and false to that Interest, and Men that they seem to espouse; that come only here to affront a Court of Justice with their Shouts and Noises, and will not relieve their Party: for this is the Complaint of Harris, and the Disparagement of all men that come to espouse it. This Cause, the truth on't is, I did not look upon to be of this nature and moment, when it was opened. For though, there are in this very Paper, upon which the Information is grounded, words malitious and reflective enough; yet, they were not so apparently appropriated, that a man might observe an extraordinary Design in them. This I thought, but really, the case is al­tered, even by those Men. For, I'le tell you, Harris is poor, and his keeping in Prison, is principaly occasioned, from the manner of the reception of his Punishment, which he calls, His Pardon. And therefore, these Fellows, these Hum­mers, let them all know, when ever they come to espouse a Cause of publick Concern against the Government, they spoil it; and when they are taken, then they ruine one another. And this is like to be so; for none will help them with a Groat. And this is the misfortune of that unfortunate Man Harris, that he hath no place of Mercy left him from the King, because, he was attended with such a rabble, as these People are, that have made a noise here, and ye [...] will give him no help nor assistance when he wants it. And, let them know, it hath turned this mans Cause, into a publick Cause, because, here are People that do espouse it, and the Government is hereby concerned much more, than by any one Action that this Carr could have done. I have said so much the more of this, that I might shew you to what a sad Cause this is brought, from what at first it was. For, if it had past without such a noise, as you see how they express themselves, I should not have thought much matter in it▪ and though, you had convicted him, I should have thought a better [Page 22] Sentence might have served the turn: but, they have un­done Carr, if you find him guilty, and so, it's like to prove, when ever there is a popular attendence upon publick Causes that concern the Government.

The present case, it stands thus. Mr. Carr, here is an Information brought against him, for publishing a print­ed Pamphlet, called, The Pacquet of Advice from Rome, and in it there are recited some Particulars, which were ob­served to you before, which was not well done; but yet, not so insolently done, as some perhaps do conceit. The Question is, whether he was the Author, or Publisher of this. You hear, he is thought the Author, but say his Coun­cel, it is not plain, and that is true. But, it seems by their own Witnesses, to any mans Understanding, that they look't upon him as the Author. But then, is he the Au­thor, and Publisher of this particular Book? I had rather, Mr. Carr, with all his Faults about him, and his Hummers, should go away with applause, and have him found not guilty, than do him wrong in one Circumstance: for, I come to try Causes according to the truth of Fact, I come not to plead on one side nor another. Not to Condemn Men that are Innocent; nor, to acquit them, if they be guilty. Now, it remaines for you to consider, what Proofs you have, as to this particular Book, against which, the In­formation lies. And that's the Printer himself, who is one of the best sorts of Evidence that can be had: for, you very well know, that Evidences of Fact, are to be expected according to the nature of the thing. That is, Forgery, is not to be proved so plainly, as to expect Witnesses, as you do at the sealing of a Bond: for, Men do not call Wit­nesses, when they forge a thing. Therefore, in things of that nature, we are fain to retreat to such probable and conjectural Evidence as the matter will bear. I believe, some of you have been of Juries at the Old-Bayly, and that even for Mens Lives, you have very often, not a direct [Page 23] Proof of the Fact, of the Act, or of the actual Killing; but yet, you have such Evidence by Presumption, as seems reasonable to Conscience. If, there be a known Case in Mens Lives, certainly, that should govern in Offences, and especially, when Offences are of a nature that reflects upon the Government. As for those Words, Illicite, ma­litiose, unlawfull; for that I must recite what Mr. Recorder told you of at first, what all the Judges of England have declared under their hands. The words, I remember, are these, when by the Kings Command, we were to give in our Opinion, what was to be done in point of the regu­lation of the Press. We did all subscribe, that to Print, or Publish any News-Books or Pamphlets of News whatsoever, is illegal; that, it is a manifest intent to the Breach of the Peace, and they may be proceeded against by Law for an illegal thing. Suppose now, that this thing is not scan­dalous, what then. If there had been no reflection in this Book at all, yet, it is illicite, and the Author ought to be convicted for it. And that is for a publick notice to all People, and especially, Printers, and Booksellers, that they ought to Print no Book, or Pamphlet of News whatsoe­ver, without Authority. So as he is to be convicted for it as a thing illicite done, not having Authority. And I will assure you, if you find any of those Papers, I shall be more merciful in the Consideration of their Punish­ment, if it be inoffencive. But, if so be they will under­take to Print News foolishly, they ought to be punish­ed, and shall be punished, if they do it without Authority, though, there is nothing reflecting on the Government, as an unlawful thing. The reason is plain. So [...]ond are Men in these Days, that when they will deny their Chil­dren a penny for Bread, they will lay it out for a Pam­phlet. And it did so swarm, and the Temptations were so great, that no man could keep two pence in his Poc­ket [Page 24] because of the News. But still, they never re­pented of laying out their Mony, till they found, there was nothing against the Government. This is not worth a Farthing, there is nothing of Trea­son in it, we will not give a Farthing for it. There­fore this Book, if it be made by him to be publish­ed, it is unlawful, whether it be malitious or not. Now for the Matter, the subject Matter. What, doth Carr think he hath too much Wit to fool us that are to try the Malice. It was sillily writ, if he did not believe we understood it, and that were ve­ry intolerable in us; I hope, I speak plain: that is, the sort of Books that he writ, it must be with an intent, People should know what reflections he made, and shall all Mankind know, and shall they that try the Cause not know it. If you find him guilty, and say what he is guilty of, we will Judge whether the thing imports Malice or no. Sir Francis Winnington hath told you, there are some things, that do necessarily imply Malice in them. If this thing doth not imply it, then the Judges will go according to Sentence, if it doth, so that it concerns not you one farthing, whether mali­tious, or not malitious, that's plain. Now, there remains only one thing, that is, whether or no he was the Publisher of this Book? for that we have this Evidence. The Printer tells you, he was the Person that they look't upon to be the Author of this Book, that he sent this Book to be Printed by his Boy. The Printer sayeth, that he often discourst with him, and he took it for granted. His Boy brought it. To what purpose? to be Printed. The [Page 25] Printers Servant saies, they looked upon him as the Au­thor, and I have fetched Sheet by Sheet, several Sheets from his own hand. I will do right in the Case, be it what it will, let him escape or not. Say his Councel, had you this particular Paper from him. I urge this as clear­ly, as their own Councel have objected it. For that you must consider, whether he is the Author of the Book. You must take Evidence in this case, as you do all the Year long; that is, in other Cases, where you know there is an absolute certainty, that the thing is so: for humane frailty must be allowed; that is, you may be mistaken. For, you do not Swear, nor, are you bound to Swear here, that he was the Publisher of this Book; but, if you find him guilty, you only Swear, you believe it so. God help Juries, if so be, in matter of Fact, they should pro­mise otherwise. They can't Swear it. Now, the Questi­on is, whether you have Evidence enough here to Swear he was the Publisher: for this is the main thing, to prove that he is so. Now, the Printer tells you that he knew the man; that he had frequent converse with him about it, and that he took it for granted. Now consider, when a man talks at this rate, he does not say he was, but that he took it for granted, he does not as much as say he is. They will own he writ several Sheets of this Book; then, why not all this Book. Now, we come to the more principle matter of Fact, according to reason, and the probable Evidence of things. That this Person is taken to be the Author, and that it was his Boy that brought these Papers to be Printed. If you can't say he sent him, you can give no Verdict while you live, if you expect that. The Printer saies, he hath been of­ten discoursing with him, that his Boy brought them, and that he knew no other Persons in the World, that had a­ny pretensions to be the Author, and if he were the Au­thor, no doubt, but he is the Publisher. Whether or no [Page 26] any body else had an hand in this, we don't know. If you are satisfyed in your Consciences, that you believe he is not the Author, you must acquit him. If you are satis­fyed it is not he, you must find him not guilty. So that as you are honest Men and wise, as I believe you are; if you believe he was not the Publisher of this Pamphlet, that he did not send his Boy to have it Printed, but that he came of his own head, you must find him not guilty.

The Jury went from the Bar, and nigh an hour after re­turned, and brought him in guilty.

You have done like honest Men.

They have done like honest Men.