A SHORT, BUT JUST ACCOUNT OF THE TRYAL OF Benjamin Harris, UPON AN INFORMATION Brought against him For Printing and Vending a late Seditious Book called An Appeal from the Country To the CITY, For the Preservation of His Majesties Person, Liberty, Property, AND THE Protestant Religion,
Printed in the Year 1679.
On Thursdry, the fifth of this Instant February, at the Guildhall in the City of London, There was an Information exhibited by the King's Council before my Lord Chief Justice Scroggs, against Benjamin Harris Bookseller to this purpose, viz, That He the said Benjamin Harris, did maliciously and designedly to scandalize the King and Government, cause to be printed, and sold, a late seditious Book called, An Appeal frem the Country to the City, for the preservation of His Majesties Person, Liberty, Property, and the Protestant Religion; and after it was read, Mr. Recorder made a speech to the Jury, and the whole Court, to this effect.
I Hope, This being a matter to be tryed in the City of London, Persons coming here in great Multitudes, come to blush rather than to give incouragement to it; and if we can give Your Lordship, and this Iury satisfaction that this Person is guilty of the offence, according as it is laid in the Information, I hope that both you, and all others that shall hear it, (for I perceive there is a great expectation this day from this cause,) I hope, I say, You will all abominate any man that shall offer at any such like thing. Indeed we live in an age where all sort of Faction and Rebellion is countenanced, Magistrates reviled, and scandalized by some persons, who think they have Authority so to do. It is just like such another kind of Religion, which some have now of late taken up, that rather than they will be thought to turn Phanaticks, they will turn plain Atheists, and others, who scorn to be either downright Rebels. This Book is as base a piece as ever was contrived in Hell, either by Papists, or the blackest Rebel that ever was: It seems to carry with it a fine Character, and has a figure of all plausible obedience to the Crown, to wit, an Appeal, &c. For the preservation of His Majestie's Person, Liberty, Property, and the Protestant Religion. But if any of you have seen it, I hope you will be so far from giving any countenance to it, as that you will, with me, think, 'tis so far from tending well to the Government, that it is only designed to rake up all Sedition and Rebellion, and the very worst of all Rebellion. I must confess, I would rather have believed that it was only the sake of lucre made him do what he did, for that would have somewhat extenuated his Crime, if he had not read it first; but then to go, and have it Printed, and exposed to sale, &c. this it a great aggravation,
[Page 3] If the same sort of Insinuation had been used towards any private Tradesman, as hath been offered to the KING and Magistrates, I believe there is no man but would say, That e're this time he might have hid his head.
But Dissemblances of Pretences for the sake of the Protestant Religion now adays in his Shop will pass well enough, and Persons can tell you there how far you may go from hence to Rome with safety; and after they have blackened their mouths with Tobacco and Smoke, and do not rail against the Church and the Government, they are looked upon strait as no Protestants.
But still as to this Person, the farther to urge it, by way of aggravation upon him, he could vauntingly make his Boasts, when it was put home to him, Why he would venture to do such things, &c? That he had above a Thousand Persons who would stand by him in whatsoever he did.
Lord Chief Iustice. There was hardly ever any Book more pernicious to set us together by the Ears than this, nor any thing a greater Incendiary; One can hardly write a worse—
‘ Says he, 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 Dissolved, or Prorogued, whenever they come to redress the Grievances of the Subject, we may be pitied, but not blamed. If the Plot takes effect, (as in all probability it will) our Parliaments are not then to be Condemned, for that their not being suffered to Sit occasioned it.’
So that here is a sly way of casting it upon the KING Himself. And if it be not down-right Treason, I am sure, it is just upon the heels of it. 'Tis a most abominable Piece.
Then were called the Witnesses, to prove that the Books were Sold in his Shop, and after they were all Sworn, first of all Mrs. Grover, a Printer's Wife, stood up, who confessed she had half a dozen of them, but not of him; for he was either gone out, or not in the way, but she had them of his Man.
Then stood up one Mary Darby, and she said, She had four of them.
After her, Mr. Benjamin Tooke, at the Ship in St. Paul's Churchyard Bookseller, was Examined, who said he saw several Quires of them in the Shop. And being asked by Mr. Harris, How he knew they were all those Books? He answered, That he turned over a great many of them, and found them all the same.
My Lord, he was so mighty zealous of this Book, of so great importance, no doubt, to his Party, that for fear he should be disappointed in time, he gave somewhat to hasten it.
Call — the Printer's Man, and swear him.
What did Mr. Harris give you, ha?
He laid me down Six-pence.
And what, that was for hastening the Book, was it not?
I cannot tell Sir, not I, but he gave me Six-pence.
And what, did you do it in the Day-time, was you not at it in the Night?
Yes, I was upon it in the Night.
Ay, it was a deed of darkness, and so fit for Night-work.
My Lord, If it can be made out to your Lordship and this Jury, that he designed maliciously to scandalize the KING and the Government by it, we must acquiesce, but that, my Lord, he absolutely denies; but seeing it running up and down the Town, he gets some of them, and suffers them to lie up and down in his Shop, and this only as a common thing to get money, so that we suppose it may not lie within the Information, because it does not intentionally scandalize the KING and the Government.
He in his Trade sold this Book, and that we admit; but, my Lord, it is a material part of the Information, that it was done with a malicious design, &c. and we do not take it so, but for the other matter we submit to it.
Then you do admit, that he did sell some of these Books.
We do, my Lord, that he did sell one.
My Lord, this Book was publickly sold in other Booksellers Shops before we had it, and so we thought in a way of Trade, we might do the like; but as soon as ever we heard there was any thing ill in the Book, we supprest the selling of it.
They say, my Lord, the Printer had Six-pence given him by Mr. Harris.—Friend, does not he come, and give you some money at other times? have you never had any of him before?
No, Sir, I never Printed any thing for him before.
Was not this Printed before you saw it?
Not to my knowledge.
Pray ask the first Witness. Was not this in Print before you saw it in his Shop?
Yes, my Lord.
My Lord, he is a man of other Principles than to do such things.
There is scarce any but Smith, that is so Factious a Seller of Books, as Harris: All your Domestick-Intelligences are so; for which, you know, you have forfeited your Recognizance almost in every Book.
My Lord, I have known him about a Twelve-Month; and I have alwayes looked upon him, to be a fair Conditioned, Quiet, Peaceable Man: He is, and has been so Reputed among his Neighbours. And I have never seen any thing from him, but what was very Quiet and Peaceable.
A Book-Seller, that causes a Factious Book to be Printed, or Re-printed, if it was Printed before, is a Factious Fellow.
You say right.
(another Neighbour of Mr. Harris's) said, upon his being asked, If he were acquainted with him? and, If he were wont to Oppose, or to Scandalize the KING or Government? That he never heard such a like thing of him.
I presume, that none of these do stand by him, in any such thing: But he, being advertised of it, and being asked, Why he would offer to Expose to Sale such a Book at this? He answered and said, That he had a Thousand Persons, that would Stand by him.
What can you say?
My Lord, I have seen this Book several times in his Shop, and others too: And I have asked him, VVhy he would so publickly Vend them? (I did not indeed Buy one of them my self, but I caused a Man to Buy one for me) and he said, He had several Thousands to Stand by him: and he is accounted an Anabaptist. He said so before the Masters and Wardens of the Company; who questioned him, why he sold such Scandalous Things? and he said, He had several Thousands to Stand by him.
Then spake the Lord Chief Justice to this Purpose.
BEcause my Brother shall be satisfyed with the Opinion of all the Judges of England, what this Offence is, which they would insinuate, as if the meer Selling of such a Book, was no Offence. 'Tis not long since, that all the Judges met, by the King's Command; as they did sometime before too: and they both Times declared unanimously, That all Persons, that do Write, or Print, or Sell any Pamphlet, that is either Scandalous to Publick, or Private Persons; such Books may be seized, and the Person punished by Law: That all Books, which are Scandalous to the Government, may be seized; and all Persons of Exposing them, may be Punished. And further; That all Writers of News, though not Scandalous, Seditious, nor Reflective upon the Government, or the State; yet if they are Writers (as there are few others) of False-News, they are Indictable, and Punishable upon that Account.
So that, your Hopes of any thing of that kind, will be vain; for all the Judges have declared this Offence, at the Common-Law, to be Punishable in the Seller, though in the way of his Trade: The Books may be seized, and the Person punished.
As for this Book, in particular; You can hardly read a more base, and pernitious Book, to put us all into a Flame: It gives you such Incitements, and such base Incouragements, with such Reflections upon all sorts of Persons, (for I have Read it upon this Account) that I think, there can scarce be a worse made. He would set up another Man, that has no Title, to the Crown: For (sayes he) the Greatest Danger accruing to your Persons, as well as to the whole Kingdom, upon the KING's untimely Death, will proceed from a Confusion, and want of some Eminent and Interested Person, whom you may trust, to Lead you up against a French and Popish Army: For which purpose, no Person is fitter, than his Grace, the Duke of Monmouth; as well for Quality, Courage, and Conduct, as for that his Life and Forture depends upon the same Bottom with Yours. He will stand by You; and therefore, You ought to stand by him. And remember the Old Rule is, He who hath the worst Title, ever makes the best KING; as being Constrained by a Gracious Government, to supply what he wants in Title: That instead of, GOD and my Right; his Motto may be, GOD and my People. He sayes, Such a one would make a better KING; [Page 7] for, as you see, the Worse the Title, the Better the KING. A KING, with a Bad Title, makes a Better KING, than he that hath a Good One; for, he shall be obliged to Comply with, and will humour the People, for want of a Title. A Thing, which is of the basest Nature, that can be: And yet this Man must give Money, to hasten the Printing of such a Book; and he had several Quires of them in his Shop. Except the Writer of it, there cannot be a worse Man in the World; who, for Trival Profit, will neglect the Peace and Quiet of his Country, and set us all together by the Ears, for a Groat. And, Mr. Harris, if you expect any thing in this World, of this kind of Favour, you must find out the Author; for he must be a Rebellious, and a Villainous Traytor: For, though he seems to inveigh against Popery, it is only to be a Rebel. And certainly, he has rejected all the Laws of God, and all Obedience that Man requires; and prophaned all Holy Writ. He is some Body, whose Fortune does not suit with his Condition; and who, because he is not at ease and quiet himself, will let no Body else be so neither.
You have nothing more to do, but to give your Verdict: Speaking to the Jury, who presently with-drew.
If there be any thing in Law, let me know it; because you go out.
Then one of the Jury asked my Lord, if they might not have the Book with them, which was there in the Court, and it was answered in the Negative.
Before the Jury went out, Mr. Harris would fain have spoke to them for himself, but it was not permitted him.
Then, after a little while tarrying, they returned to the Bar.
And being, as is usual, asked if they were agreed on their Verdict, and who should speak for them; they answered yes, and appointed their Foreman, who said He was guilty of selling the Book.
At which there was a very great and Clamorous Shout.
Lord Chief Justice said, that was not their business, they were only to determine whither barely Guilty, or not Guilty.
The Recorder would have had them given their Verdict by the Poll, but they all unanimously Cryed out, they were all Agreed, and then the Foreman gave the Verdict again, Guilty.
[Page 8] Mr. Recorder then prayed, that he being for the King, Mr. Harris might stand Committed; who was thereupon presently delivered to a Tippstaff to be carryed to the Kings Bench.
Mr. Harris earnestly beseeched his Lordship, that he might be sent to any other Prison, and named Newgate three or four times, but it was not granted him: Thereupon he said, I hope God will give me Patience to go through it.
Then my Lord Chief Justice spake to the Jury to this Effect.
I am sorry you gave Countenance to this Cause so much, as to stir from the Bar, when the Evidence was so full, and when I told you plainly, not only my Opinion, but likewise that of all the Judges of England, that selling this Book was an Offence at the Common Law, for which they ought to be punished: and yet with your Scruples, you give the Party (with their Hollows, and Shoutings) to take Advantage; though you did mean upon the matter, the same thing then, you do now: Yet you see, upon every little occasion, when a thing shall seem to thwart the Government, how ready they are to send up their loud Hollowings. It was not so prudently done as might have been done.
We had need look about us, for if at such a time, and for such a base Book, such Clamorous Noises shall be made, what shall become of us? Our Lives and Fortunes are at stake. Would I knew some of those Shouters, I would make them know, I would punish them: I am Incensed in the behalf of the Government, and of all our Lives and Fortunes, that such shall go unpunished.