Then
immediately
after, Mr.
Hunt - Fourth Estate - History of Newspapers and Liberty of Press - v1
affection) would not oftentimes let pass apparant truth, and in other things (oftentimes) so crosse, and alter, which made us almost weary of printing, but he being vanished, (and that office fallen upon another, more understanding in these Forraine
publications,
54 THE FOURTH ESTATE.
Affaires, and as you will find more candid. ) We are againe (by the favour of his Majestie and the State) resolved to go on printing, if we shall finde the World to give a better acceptation of them, (than of late,) by their Weekly buying them. It is well known these Novels are well esteemed in all parts of the World, (but heere,) by the more judicious, which we can impute to no other but the discontinuance of them, and the uncertaine days of publishing them, which, if the poste fail us not, we shall keepe a constant day every weeke therein, whereby every man may constantly expect them, and so we take leave,
January the 9th, 1640.
The leave thus hopefully taken for a week, seems to have extended to a much longer period ; and indeed would appear to have been final. Stirring times were at hand, when the trammels of the press were to fall, because the State lost its power of coercion; and bolder and more unscrupulous journalists were to take the place of the unsuccessful Nathaniel Butter. In this address to the reader it may, however, be noticed that the licenser is named as one of the difficulties in the way, even of a Newspaper so humble in its pretensions as the Weekly News. There is not in the earlier numbers of that print any apparent evidence of such sheets of News being published under any such au thority. On the contrary, an examination of what remains to us of the journals issued by Butter and his colleagues, during the eighteen years between 1622 and 1640, — the changes of name in the imprint, and of place of publication, and the absence of any licenser's mark,—fully justify the belief already expressed, that these earliest Newspapers were issued without the cognizance of the law. —Thus, in February 1625, we find the News marked "London, Printed by B. A.
QUARRELS
OF THE CENSORS. 55
for Mercurius Britannicus ;" subsequently the B. A. is dropped, and the title stands Mercurius Britannicus only,* though the same type has evidently been used, and the publication is avowedly a continuation of pre vious sheets. Why this concealment, and these con stant variations, if the Weekly News was an authorized print ?
Whilst the only Newspapers of this early period were dragging their slow and unprofitable way, telling foreign intelligence only because home News were dangerous to touch, the question of the liberty of the press was working its way in other channels. Those who had the authority to license books clashed at times in their opinions of what was proper to be published. Thus, in the proceedings in Parliament against Eichard Montague, "for publishing a factious and seditious book," it appeared in evidence that the licensers dif
fered as to whether the work should appear or not. The Archbishop of Canterbury disallowed the book, and endeavoured to suppress it ; but the other bishops attested their approbation of and hastened the edi tion, Again, when the obsequious churchman, Dr. Sibthorp, printed sermon in which he advised the people to submit to the illegal taxes of Charles the First, the Bishop of London licensed the pamphlet; but the Archbishop of Canterbury refusing his sanction to the work, he fell under the King's displeasure, and his
* May Number 20. " The continuation of our Weekly News, from the 27th of April unto the 5th of May," &e. " London, Printed for Mereurius Britannicus, 1625. " This title Mercurius Britannicus was often used afterwards, as we shall see.
Howell's State Trials, Vol. II. , p. 1259.
t
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56 THE FOURTH ESTATE.
see was sequestrated. * Again, in 1628, the case of the Rev. Dr. Mainwaring's two sermons, preached and published in support of Charles the First, shows in an other way how the licensing of books was complicated. These sermons had in the opening page the words " Published by his Majesty's Special Command," and this authority was directed to be so placed in print by the Bishop of London, who had been commanded by the King to license the works, yet feared to do so in his own name. These fears were well founded. The Parliament prosecuted the author, sent him to the Fleet, and compelled him to recant on his knees at the bar of the House of Commons. But, though declared disabled for holding preferment in the church, the King gave him a good rectory in Essex, in addition to the living of St. Giles's in the Fields. This bonus
was given to Mainwaring after Charles had issued a
the publications so sanc tioned by royal authority, and forbidding the reprint
ing of them under severe penalties. The books were burnt in London and Westminster, at Oxford, and at Cambridge, whilst the writer was rewarded by rich beni- fices in the Church.
The arbitrary power of the Star Chamber was brought into operation in 1630, in the case of Dr. Alexander Leighton, who had published five or six hundred copies of an Appeal to Parliament against Prelacy. In this work he had declared the prelacy of the English Church to be " an ti- christian, and satan- ical ;" he termed the prelates "themselves " men of blood," and called the bishops ravens and magpies. "
♦Howell's State Trials, Vol. II. , p. 1451.
proclamation condemning
THE SENTENCE ON LEIGHTON. 57
These expressions were quoted in the information against him as amongst the most serious of his offences. To us, who are accustomed to the frequent and severe denunciations of modern Newspaper writing, all this seems harmless enough ; yet, Leighton was convicted, and sentenced to be imprisoned in the Fleet for life ; to be fined £10,000; to be degraded of his ministry; to stand in the pillory; to have his nose slit, and to have his ears cropped ; and, further, to be branded in the cheek. This bitter judgment having been pronounced, the prisoner was taken to the Fleet, and there closely confined ; but, while steps were being taken in the Ecclesiastical Courts for his degradation from the ministry, some friends, aided it is believed by the goaler, assisted him to escape. A loud hue and cry was raised, all " his majesty's loving subjects" were enjoined "to use all diligence for the apprehend ing of the said Alexander Leighton," who is described as " a man of low stature, fair complexion : hath a yellowish beard, a high forehead, and between forty and fiftyyears of age. " This hue and cry of the authorities "followed the fugitive to Bedfordshire, where he was apprehended, and brought again a prisoner to the Fleet. " And the final acts of this cruel tragedy are thus told in the Diary of the Bishop of London, under date November the 24th. *
' Leighton was degraded at the High Commission, Tuesday ' the 9th of November ; that night Leighton broke out of the ' Fleet, the warden says he got or was helped over the wall, ' and moreover professed he knew not this till Wednesday noon, ' he told it not me till Thursday night. He was taken again ' in Bedfordshire, and brought back to the Fleet, within a fort-
* State Trials, Vol III. , p. 386.
58 THE FOURTH ESTATE.
' night. Friday November the 16th, part of his sentence was ' executed upon him in this manner, in the new palace at West- ' minster, in term time : 1. He was severely whipt before he ' was put in the pillory. 2. Being set in the pillory, he had ' one of his ears cut off. 3. One side of his nose slit. 4. Branded
' on one cheek with a red hot iron, with the letters S S, signifying ' a stirrer up of sedition, and afterwards carried back again ' prisoner to the Fleet, to be kept in close custody.
' And on that day seven-night, his sores upon his back, ear, ' nose, and face being not cured, he was whipt again at the ' pillory in Cheapside, and there had the remainder of his ' sentence executed upon him, by cutting off the other ear, slit- ' ting the other side of the nose, and branding the other cheek. '
Afterwards those who procured his escape were taken and brought into the Star Chamber, and proceeded against, viz. The defendants practising with one Leighton, a notable offender, to procure his escape out of the Fleet, Levingston put off his cloak, hat and breeches, being all of a grey colour, and Anderson his doublet, and Leighton put theirs on, and in that disguise they all went out of the Fleet unsuspected; but were afterwards taken again, and for these offences, and respect had of their penitency, they were only lined 500Z. a-piece, and committed to the Fleet during the king's pleasure. *
A more notorious, but scarcely a more cruel, case of Star Chamber tyranny, exercised against those who indulged in the free expression of printed thought, was that of Prynn. This indefatigable writer had with much difficulty procured a license for a book written in condemnation of actors and acting ;t and though, as
* " In 1641 the House of Commons came to several Resolutions in condemnation of the proceedings against Dr. Leighton. Particularly, they resolved, that the fine and corporal punishment and imprisonment by the sentence of the Star-Chamber were illegal, and that he ought to have satisfaction for his sufferings and damages. Journ. Comm. 21 April, 1641. " Hargrave.
t Histrio-mastix, or a Scourge for Stage Players, &c.
THE TRIAL OF PKYNN.
j'J
it was shown, the work was in the press before the
Queen of Charles the First had taken part in a masque
at Court, yet it was urged by Prynn's enemy, Bishop Laud, that the publication was intended to throw dis credit on Her Majesty, and the writer was placed be fore the Star Chamber. To be there charged was to
be condemned. Prynn's answer, though ineffectual as a defence, is curious, since it gives an insight of the de lays and difficulties thrown in the way of an author by the licensers, and a passage from it may be quoted here as an illustration of the system: —
Mr. Prynn taking into his serious consideration the frequent resort of sundry sorts of people to common Stage-Plays about the City of London; and having read divers councils, laws and statutes of this and other realms, against the frequenting of common stage-plays, and the judgment and opinion of several divines, and other ancient authors, and divers English writers allowed by public authority, and his own judgment running with those ; not intending to reflect, or to have relation to the king, queen, state, or government, or your lordships, did about seven years ago, compile this book entitled Histrio-mastix ; which is no more but a collection of divers arguments and authorities against common Stage-Plays. That about four years since, he did commit the same to Michael Sparkes, one of the Defendants, to be commended to such persons as then had authority to license books for the press. Sparkes did carry it to Mr. King, belonging to the late Archbishop of Canterbury ; and before he had perused this book, Mr. Buckner had authority to allow of the books, to the press : Sparkes brought this book to Mr. Buckner, who kept it by him three months, in which time he did fully peruse it. In the interim, he gave part of the book to Sparkes to print, and kept the rest till he had perused
and said, that he should have that also to the press. In October following, he carried this copy with the licence, and caused them to be entered into Stationers' Hall, and did com
it,
60 THE FOURTH ESTATE.
pound with those that had authority for the printing of this book. It was printed publicly, and not secretly ; and because there was some of the copies close written, he caused these to be brought again to peruse, to the intent that he might not be deceived in them ; and as he saw cause, corrected them accord ingly. That in Easter-Term was twelvemonth, the Epistle, and the whole First Part of the Book was printed ; and he had time to examine it between Easter-Term and Trinity, and then he did make such alterations as he saw cause, viz. in p. 711, &c. And afterwards the Second Part, and two sheets of the index of the book was likewise printed, and these were likewise brought to Mr. Buckner; so that the whole Book, with the Index, was bound up about Christmas following, which was
Christmas was a twelve-month. Mr. Buckner sent for Mr. Prynn, and the stationer was desirous that the Book might be published, and that he might send some volumes to him : but Mr. Buckner said, he could wish the word ' Pity,' in such a page might be left out ; and I wish with Mr. Buckner, that ' Pity' might be added to every page of the Book. So when Mr. Prynn saw all this from him, that had license to allow printed Books, he conceived it a sufficient warrant for his proceedings.
His judges thought differently. They convicted him, and sentenced him to the pillory; to lose his ears, to pay a fine of £5000, and afterwards to suffer imprisonment for life. His book they directed to be burnt by the common hangman. The licenser was fined £50 ; whilst Sparkes, another of the defendants, who is described as "a common publisher of unlawful and unlicensed books," was also condemned to pay a fine of £500, and to stand in the pillory, and for the pillory to be in Paul's Church Yard. " It is a con secrated place," interposed the Archbishop of Canter bury, who sat as one of the judges. "I cry your Grace's mercy," added Lord Cottington, who was pro nouncing sentence; " then let it be in Cheapside. " And
MORE PERSECUTION. 61
the sentence was executed accordingly; the Attorney General Noy, who prosecuted the unfortunate author, " laughing at Mr. Prynn, whilst he was suffering in
the pillory. "
A few years afterwards, (13th, Charles the First,
1637,)Prynn was again seized by the authorities, but this time he had companions in persecution. John Bastwick, a Physician ; Henry Burton, Bachelor of Divinity ; and William Prynn, Barrister, were pro ceeded against, by information in the Star Chamber, for writing and publishing books against the Hierarchy. They prepared their written answers, but no counsel having courage to sign the documents for fear of offending this dreaded court, the accused petitioned to be allowed to sign the answers themselves. This obvious justice was denied them, and the matters in the information were taken pro confesso.
They loudly complained of this, and Prynn craved of the court " only so much favour and justice as Christ found
before Pilate, and Paul before Felix, Festus, and Agrippa, or as every traitor and felon enjoys in the Court of Justice —to answer for himself when his coun sel will not, cannot, or dare not. " It was in vain. They were held to have pleaded guilty, because no barrister had signed their answers to the information, and, on the 14th of June, they were brought up for sentence. Let some extracts of the report of the proceedings, as they stand in the State Trials,* tell the sequel of this curious and interesting drama of real life in England, when Charles the First was King.
* State Trials, Vol. III. , pp. 717, 754.
62
THE FOURTH ESTATE.
June 14, (1637. ) The Lords being set in their places in the Star-Chamber, and the three Defendants brought to the bar, to receive their Sentences, the Lord Chief Justice Finch looking earnestly on Mr. Prynn, said, I had thought Mr. Prynn had no ears, but methinks he hath ears ; which caused many of the lords to take the stricter view of him, and for their better satisfaction, the usher of the court was commanded to turn up his hair, and show his ears : upon the sight whereof the lords were displeased they had formerly been no more cut off, and cast out some disgraceful words of him. To which Mr. Prynn replyed, ' My lords, there is never a one of your honours, but would be sorry to have your ears as mine are. '
Lord Keeper. In good faith he his somewhat saucy.
Mr. Prynn. I hope your honours will not be offended, pray God give you ears to hear.
Lord Keeper. The business of the day is to proceed on the Prisoners at the bar.
Mr. Prynn. then humbly desired of the Court to give him leave to make a motion or two, which being granted, he moved First, That their honours would be pleased to accept of a Cross Bill against the prelates, signed with their own hands, being that which stands with the justice of the Court which he hum
the business of the day. Read the Information, which was read being very large, and having these five Books thereto an nexed, Dr. Bastwick's Latin 'Apology, 'his Litany, Mr. Burton's book entitled, 'An Apology for an Appeal to the king's most ' excellent majesty, with two Sermons for God and the King, ' preached on the 5th of November last : The News from Ipswich, and the Divine Tragedy, recording God's fearful Judgments against Sabbath-Breakers. —The king's counsel being five, took each of them a several Book.
Mr. Attorney began with Dr. Bastwick's Latin Apology ; next unto the Attorney, Serjeant Whitfield falls upon Mr. Bur ton's book, saying, In good faith, my lords, there is never a page in this Book, but deserves a heavier and deeper Censure than this Court can put upon him.
bly craves ; and so tendered it.
Lord Keeper. Your Answer comes now too late ; proceed to
***
BASTWTCK BEFORE THE STAR CHAMBER. 63
Next followed the Archbishop, who in like manner descanted on The News from Ipswich, charging it to be full of pernicious lyes ; and especially vindicating the honour of Matthew Wren, bishop of Norwich, as being a learned, pious, and reverend father of the Church.
Next followed the king's Solicitor, (Mr. Littleton) who des canted upon the Divine Tragedy ; to which part of it concern ing God's judgements on Sabbath-Breakers, he said, That they sat in the Seat of God, who judged these accidents which fell out upon persons suddenly struck, to be the judgments of God for Sabbath-Breaking.
Prynn sought to urge a word in defence, but was over-ruled. Dr. Bastwick also spoke out boldly against the manifest injustice of the Court :—
Dr. Bastwick. My noble lord of Arundell, I know you are a noble prince in Israel, and a great peer of this realm ; there are some honourable lords in this court, that have been forced out as combatants in a single duel ; it is between the Prelates and us, at this time, as between two that have appointed the field. The one being a coward goes to the magistrate, and by virtue of his autho rity disarms the other of his weapons, and gives him a bullrush, and then challenges him to fight. If this be not base cowardice, I know not what belongs to a soldier. This is the case between the Prelates and us, they take away our weapons (our Answers) by virtue of your authority, by which we should defend ourselves, and yet they bid us fight. My lord, doth not this savour of a base
I know, my lord, there is a decree gone forth (for my Sentence was passed long since) to cut off our ears.
cowardly spirit ?
Lord Keeper. Who shall know our Censure, before the court pass it ? Do you prophecy of yourselves ?
Dr. Bastwick. My lord, I am able to prove and that from the mouth of the Prelates' own servants, that in August last was decreed, that Dr. Bastwick should lose his ears. my noble lords this righteous judgment may say, as the Apostle once said, What, whip Roman have been soldier able to lead an army into the field, to fight valiantly for the honour of their prince Now am physician, able to cure
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64
THE FOURTH ESTATE.
nobles, kings, princes, and emperors ; and to curtalize a Roman's ears like a cur, O my honourable lords ! is it not too base an act for so noble an assembly, and for so righteous and honour able a cause ? The cause, my lords, is great, it concerns the glory of God, the honour of our king, whose prerogative we labour to maintain and to set up in a high manner, in which your honours liberties are engaged : And doth not such a cause deserve your lordships consideration, before you proceed to censure ? * * My good lords, it may fall out to be any of your lordships cases to stand as delinquents at this bar, as we now do : It is not unknown to your honours, the next cause that is to succeed ours, is touching a person that sometime hath been in greatest power in this court : And if the mutations and revolutions of persons and times be such, then I do most hum bly beseech your honours to look on us as it may befal your selves. But if all this will not prevail with your honours to peruse my Books, and hear my Answer read, which here I tender upon the word and oath of a soldier, a gentleman, a scholar, and a physician, I will clothe them (as I said before) in Roman buff, and disperse them throughout the Christian world, that future generations may see the innocency of this cause, and your honours unjust proceedings in it ; all which I will do, though it cost me my life.
Burton claimed that his answer should be received, but was told his answer was impertinent:—
Thus the Prisoners desiring to speak a little more for them selves, were commanded to silence. And so the lords proceeded to Censure.
Lord Cottington. I condemn these three men to lose their ears in the Palace-yard at Westminster; to be fined 5,000£ a man to his majesty; and to perpetual imprisonment in three remote places of the kingdom ; namely, the castles of Carnarvon Cornwall and Lancaster.
Lord Finch. I condemn Mr, Prynn to be stigmatized in the cheeks with two letters (S & L) for a Seditious Libeller. To which all the lords agreed. And so the Lord Keeper con cluded the Censure.
PUBLIC WRITERS IN THE PILLORY. Co
Archbishop Laud, after this sentence, made a lengthy speech, in which he defended the Bishops and himself against the attacks made upon them in the News
from Ipswich, and other publications. No one could answer him in that chamber; the Court rose; and on the 30th of June the sentence was executed in Palace Yard, Westminster, where the pillory was put up. Again let us quote the State Trials, and see how gallantly these writers braved the wrath of their enemies : —
Dr. Bastwick and Mr. Burton first meeting, they did close one in the other's arms three times, with as much expressions of love as might be, rejoicing that they met at such a place, upon such an occasion, and that God had so highly honoured them, as to call them forth to suffer for his glorious Truth.
Then immediately after, Mr. Prynn came, the docter and he saluting each other, as Mr. Burton and he did before. The doc tor then went up first on the scaffold, and his wife immediately following came up to him, and saluted each ear with a kiss, and then his mouth. Her husband desired her not to be in the least manner dismayed at his sufferings: and so for a while they parted, she using these words 'Farewell my dearest, be of good ' comfort, I am nothing dismayed. ' And then the doctor began to speak these words :
Dr. Bastwick. There are many that are this day spectators of our standing here, as delinquents, though not delinquents, we bless God for it. I am not conscious to myself wherein I have committed the least trespass (to take this outward shame) either against my God, or my king. And I do the rather speak it, that you that are now beholders may take notice how far innocency will preserve you in such a day as this is ; for we come here in the strength of our God, who hath mightily sup ported us, and filled our hearts with greater comfort than our shame or contempt can be. The first occasion of my trouble was by the prelates, for writing a Book against the Pope, and the Pope of Canterbury said I wrote against him, and therefore
VOL. I. F
66 THE FOURTH ESTATE.
questioned me : but if the presses were as open to us as formerly they have been, we would shatter his kingdom about his ears : but be ye not deterred by their power, neither be affrighted at our sufferings ; let none determine to turn from the ways of the Lord, but go on, fight courageously against Gog and Magog. I know there be many here who have set many days apart for our behalf (let the prelates take notice of it) and they have sent up strong prayers to Heaven for us, we feel the strength and
I would have you to take notice
benefit of them at this time ;
of it, we have felt the strength and benefit of your prayers all along this cause. In a word, so far I am from base fear, or caring for anything that they can do, or cast upon me, that had I as much blood as would swell the Thames, I would shed it every drop in this cause ; therefore be not any of you discouraged, be not daunted at their power ; ever labouring to preserve inno- cency, and keep peace within, go on in the strength of your God, and he will never fail you in such a day as this : as I said before, so I say again, had I as many lives as I have hairs on my head, or drops of blood in my veins, I would give them all up for this cause. This plot of sending us to those remote places, was first consulted and agitated by the Jesuits, as I can make it plainly appear. O see what times we are fallen into, that the lords must sit to act the Jesuits plots ! For our own parts, we
owe no malice to the persons of any of the prelates, but would lay our necks under their feet to do them good as they are men, but against the usurpation of their power, as they are bishops, we do profess ourselves enemies till dooms-day.
Prynn likewise spoke to the assembled crowd, amongst whom, doubtless, there were many who sym pathized with these sufferers for liberty of printed thought. He said :—
We praise the Lord, we fear none but God and the king : Had we respected our Liberties, we had not stood here at this time : it was for the general good and liberties of you all that we have now thus far engaged our own liberties in this cause. For did you know how deeply they have entrenched on your
PRYNN AGAIN IN THE PILLORY. 07
liberties in point of Popery ; if you knew but into what times you are cast, it would make you look about you : and if you did but see what changes and revolutions of persons, causes and actions, have been made by one man, you would more narrowly look into your privileges, and see how far your liberty did law fully extend, and so maintain it.
This is the second time that I have been brought to this place ; who hath been the author of think you all well know For the first time, (7th Feb. 1633. ) could have had leave given me, could easily have cleared myself of that which was then laid to my charge as also could have done now, might have been permitted to speak that book (Histrio-mas- tix,) for which suffered formerly, especially for some parti cular words therein written, which quoted out of God's Word and antient Fathers, for which notwithstanding they passed censure on me that same book was twice licensed by public authority, and the same words then suffered for, they are again made use of, and applied in the same sense by Heylin, in his Book lately printed and dedicated to the king, and no exceptions
taken against them, but are very well taken.
Dr. Bastwick. And there another Book of his licensed,
wherein he rails against us three at his pleasure, and against the Martyrs that suffered in queen Mary's days, calling them Schismatical Hereticks and there another book of Pockling- ton's licensed (Altare Christianum. ) they be as full of lies as dogs be full of fleas but were the presses as open to us as they are to them, we would pay them, and their great master that upholds them, and charge them with notorious blasphemy.
Mr. Prynn. You all at this present see there be no degrees of men exempted from suffering Here reverend Divine for the soul, a Physician for the body, and Lawyer for the estate. *
Bastwick, will be seen, longed for the time when
* The Archbishop of Canterbury being informed by his spies what Mr. Prynn said, moved the lords then sitting in the Star Chamber that he might be gagged, and have some further censure presently executed upon him; but that motion did not succeed. State Trials, Vol. III. , p. 749.
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68 THE FOURTH ESTATE.
the presses should be as open to them as it was to
their opponents. That time was approaching, and these cruelties hastened it. But the pillory was gaping for its victims :—
Now the Executioner being come to sear him, and cut off his ears, Mr. Prynn spake these words to him : Come, friend, come, burn me, cut me, I fear not. I have learned to fear the Fire of Hell, and not what man can do unto me : come sear me, sear me, I shall bear in my body the marks of the Lord Jesus : Which the Executioner performed with extraordinary cruelty, heating his iron twice to burn one cheek : and cut one of his ears so close, that he cut off a piece of his cheek. He said, The more I am beaten down, the more am I lift up.
Upon the day for Execution, Mr. Burton being brought into the Palace-yard, unto a chamber that looked into the yard, where he viewed three pillories there set up : Methinks (said he) I see Mount Calvary, where the three crosses (one for Christ, and the other two for the two Thieves) were pitched : and if Christ were numbered among thieves, shall a Christian (for Christ's cause) think much to be numbered amongst rogues, such as we are condemned to be? Surely, if I be a rogue, I am Christ's rogue, and no man's. And a little after, looking out at the casement towards the pillory, he said, I see no difference be tween looking out of this square window and yonder round hole. Pointing towards the pillory, he said, It is no matter of differ ence to an honest man. And a little after that, looking some what wistfully upon his wife, to see how she did take she seemed to him to be something sad to whom he thus spake Wife, why art thou so sad? To whom she made answer, Sweetheart, am not sad. No, said he See thou be not, for
would not have thee to dishonour the day, by shedding one tear, or fetching one sigh for behold there, for thy comfort, my triumphant chariot, on which must ride for the honour of my Lord and Master and never was wedding day so welcome and
joyful day as this day and so much the more, because have such noble captain and leader, who hath gone before me with such undauntedness of spirit, that he saith of himself, gave
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A. PILLORY SCENE. G9
my back to the smiters, my cheeks to the nippers, they plucked off the hair, I hid not my face from shame and spitting, for the Lord God will help me, therefore shall I not be confounded : therefore have I set my face like a flint, and I know I shall not be ashamed. At length being carried toward the pillory, he met Dr. Bastwick at the foot of the pillory, where they lovingly saluted and embraced each other ; and parting a little from him, he returned and most affectionately embraced him the second time, being heartily sorry he missed Mr. Prynn, who was not yet come, before he was gone up to his pillory, which stood alone next the Star Chamber, and about half a stone's cast from the other double pillory, wherein the other two stood ; so as all their faces looked southward, the bright sun all the while, for the space of two hours, shining upon them. Being ready to be put into the pillory, standing upon the scaffold, he spied Mr. Prynn new come to the pillory, and Dr. Bastwick in the pillory who then hasted off his band, and called for a handkerchief, saying, What ! shall I be last, or shall I be ashamed of a pillory for Christ, who was not ashamed of a cross for me ? Then be ing put into the pillory, he said, Good people, I am brought hither to be a spectacle to the world, to angels and men ; and howsoever I stand here to undergo the punishment of a rogue, yet except to be a faithful servant to Christ, and a loyal subject to the King, be the property of a rogue, I am no rogue. But yet if to be Christ's faithful servant, and the King's loyal subject deserve the punishment of a rogue, I glory in and bless my God, my conscience clear, and not stained with the guilt of any such crime as have been charged with, though otherwise
confess myself to be a man subject to many frailties and hu man infirmities. Indeed that Book intitled, " An Apology for an Appeal, with sundry Epistles and two Sermons, for God and the king," charged against me in the Information, have and do acknowledge (the misprinting excepted) to be mine, and will by God's grace never disclaim whilst have breath within me. After a while, he having nosegay, in his hand, bee came and pitched on the nosegay, and began to suck the flowers, which he beholding, and well observing, said, Do ye not see this poor bee? she hath found out this very place to suck sweet from
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70 THE FOURTH ESTATE.
these flowers ; and cannot I suck sweetness in this very place from Christ?
With other such devout remarks, this reverend author of an open-speaking book endeavoured to lighten the sufferings of the pillory.
When the Executioner had cut off one ear, which he had cut deep and close to the head in an extraordinary cruel man ner ; yet he never once moved and stirred for though he had cut an artery, so as the blood ran streaming down upon the scaffold, which divers persons standing about the pillory seeing, dipped their handkerchiefs in, as thing most precious, the people giving a mournful shout, and crying for the surgeon, whom the croud and other impediments for a time kept off, so that he could not come to stop the blood he all the while held up his hands, said, Be content, well, blessed be God. The other ear being cut no less deep, he then was freed from the pillory, and came down, where the surgeon waiting for him, presently applied remedy for stopping the blood after large effusion thereof, yet for all this he fainted not in the least manner, though through expense of much blood he waxed pale. And one offering him a little wormwood-water, he said, It needs not yet through importunity he only tasted of
and no more, saying, His master, Christ, was not so well used, for they gave him gall and vinegar, but you give me good strong water to refresh me, blessed be God. His head being bound up, two friends led him away to an house provided him in King- street, where being set down, and bid to speak little, yet he said after pause, This too hot to hold long Now lest they in the room, or his wife should mistake, and think he spake of himself concerning his pain, he said, speak not this of myself; for that which have suffered nothing to that my Saviour suffered for me, who had his hands and feet nailed to the cross and lying still while, he took Mr. Prynn's sufferings much to heart, and asked the people how he did, for, said he, his sufferings have been great. He asked also how Dr. Bastwick did, with much compassion and grief, that himself (being the first that was executed) could not stay to see how they two fared after him.
a
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:
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:
it is
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;
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it,
FORBIDDEN BOOKS IMPORTED. 71
When all the ingenuities of cruelty had been thus tried upon Prynn, Bastwick, and Burton, they were securely locked up in prison;* but the key of the gaoler could not confine the thoughts that had escaped them at the pillory in Westminster, or obliterate from the minds of the spectators the recollection of the shameful exhibition. "The people," says Carte, "listened greedily to their speech. Notes were taken of them, and in written copies spread about the city. "t Another Royalist recorder of these events, Clarendon, dilates upon the fact that their dangerous opinions " had been faithfully dispersed by their proselytes in London. " These opinions, however, no man dared reprint in Eng land, and recourse was had to presses abroad. Books, which it was found impossible to complete in this country, were produced in Holland and elsewhere, and secretly imported. The rule of the political economists that demand will create supply held good, and the very persecution of the offending writers having assisted in spreading their fame, the demand for copies of their books, unsatisfied by English publishers, was fed by the presses of Holland. As an additional punishment to Prynn, his volumes (and they were by no means small ones) were burnt by the hangman, so close under his nose as he stood in the pillory that he was nearly
* Prynn was taken to the Tower by water ; and, on his passage in the boat, composed the following Latin verses on the two letters S. L. , which had been branded on his cheek, to signify Schismatical Libeller, but which he chose to translate "Stigmata Laudes," the stigmas of his enemy, Archbishop Laud —
" Stigmata maxillis referens insignia Laudis Exultans remeo, victima grata Deo. "
tCarte's History of England, Vol. IV. , p. 236.
72 THE FOURTH ESTATE.
choked by the flames and smoke ; yet from the ashes of their destruction they rose again Phoenix-like, more vigorous in their power to offend the authorities. Various modes were adopted to stay this invasion of foreign reprints of distasteful opinions. On the 1st of July, 1637, a Star Chamber decree was issued, "for reducing the number of master printers, and punishing all others that should follow the trade, and for prohibit ing as well the impression of all new books without licence, and of such as had been licensed
formerly without a new one, as the importation of all books in the English tongue, printed abroad, and of all foreign
books whatever, till a true catalogue thereof had been presented to the Archbishop of Canterbury, and the Bishop of London, and the books themselves had been received by their chaplains, or other learned men of their appointment, together with the masters and war dens of the Stationers' Company. " Carte, who recites this order in his history, adds — " Care was taken to have this decree duly executed, and to procure from the States General of the United Provinces a procla mation against the printers and dispersers of seditious books and libels injurious to the Church and Bishops of England. The magistrates of Amsterdam and Rotterdam were likewise engaged to apprehend and punish such Englishmen as had printed any unlicensed pamphlets. "
These measures were so stringently acted upon, that for a time they seemed to have the intended effect, but the difficulties of the King's government were in creasing, and as the attention of his officers was called to other affairs, means were adopted for smuggling the
THE LAWS AFFECTING BOOKS. 73
forbidden publications into London. To stop this, the Star Chamber was once more brought into play.
It was an old law—a law enacted in the reign of Richard the Third, who, though the villain of Shaks- pear's play and of history, was yet in many things a
prudent and talented king— that foreigners might import any books, and sell them, by retail or otherwise, in England. * Henry the Eighth repealed this law
(in the 25th year of his reign), when books from foreign countries were likely to tell against his kingly views, t and imposed a fine on those who offended the new rule. A few years afterwards, the same monarch procured the passing of an act directing that any person printing opinions contrary to the six articles should be burnt alive. J His more benevolent son, the friend of education, Edward the Sixth, repealed this sangui nary decree : but the edict against imported books remained in force, was aided by the proclamations of Elizabeth,|| and was further strengthened by the
* 1st Richard ILL, c. 9, § 12. 1 25th Henry VIII. , c. 15, { 1,
% 31st Henry VIII. , c. 14.
|| Queen Elizabeth seems to have been very fond of meddling with
the spread of written opinion, as the following list of proclamations will testify :—
11th Eliz. —A proclamation was issued against "bringing into the realm unlawful books. "
12th Eliz. — A proclamation against "Seditious and traitorous books, bills, and writings. " 1st July.
15th Eliz. —A proclamation " prohibiting the having or selling of a book called The Admonition to the Parliament, made against the book of Common Prayer. " 11th June. In the same year another proclama tion against slanderous and seditious books and libels. 28th September.
18th Eliz. — A proclamation "for the discovery of the authors of certain seditious and infamous libels. " 26th March.
21st Eliz. —Aproclamation " against such as speak evil of Monsieur
74 THE FOURTH ESTATE.
obedient Parliament of James the First, who passed an act* prohibiting altogether the importation of Popish" books in any language, and imposing a fine on all who imported Superstitious Books in English. " Superstition in Latin, therefore, might be dealt in; and such a statute emanating from the author of a work on witchcraft is very amusing to us who live in days when witchcraft no longer obtains belief. Sanctioned by these laws, and by their own decree, the Star Chamber determined upon making another example that should cast terror upon the minds of the people.
selected two victims, — one a man in his eighty-fifth year, but whose character and exertions had strengthened the popular cause ; the other a youth of twenty, who had newly arrived from a visit to Holland, the country whence the hated books were
This selection was most unfortunate for those who made it ; for the old man, John Wharton, became in the eyes of the people a venerable martyr ; whilst the injustice and cruelty of the Star Chamber goaded the youth to a heroism of puritanical furor and soldierly zeal which bore bitter fruits to his op pressors, when Cavalier met Roundhead at Edgehill and Marston Moor.
the French King's brother, and against a book seditiously published against him by Stubs, called the Gaping Gulfe. " 27th September.
25th Eliz. A proclamation "against seditious and schismatical books and libels. " June.
26th Eliz. — A similar proclamation.
31st Eliz. —Another repetition of the same.
43rd Eliz. —A proclamation offering a reward of £100 (a very
large sum in these days) to such as shall discover any authors or wri ters of such libels as were scattered abroad in London. 5th April.
* 3rd James c. 25.
They
brought.
I. ,
5, §
THE SEIZURE OF LILBURN. 76
The manner of Lilburn's seizure, and the treacher ous civilities of Mr. Cockshey, the Attorney General's clerk, cannot be better told than in the words of the
chief actor in the scenes: —
Upon Tuesday the 11th or 12th Dec. 1637, I was treacher
ously and Judasly betrayed (by one that I supposed to be my friend) into the hands of the pursuivant, with four of his assist ants, as I was walking in Soperlane with one John Chilburne, servant to old Mr. John Wharton, in Bow-lane, a hot-presser. And about twelve of the clock the next day, I was committed to the Gate-house, by sir John Lamb, the prelate of Canterbury's chancellor, with others, without any examination at all, for send ing of factious and scandalous Books out of Holland into England. And having not been at the foresaid prison above three
days, I was removed, by a warrant from the Lords of the Coun cil, to the Fleet, where I now remain. And after my being there some time, I drew a Petition to the Lords of the Council for my liberty ; and their Answer to it was, that I should be ex amined before sir John Banks, the king's Attorney : The copy of which examination thus follows.
Upon Tuesday the 14th Jan. 1637, I was had to sir John Banks the Attorney General's chamber, and was referred to be examined by Mr. Cockshey his chief clerk; and at our first coming together, he did kindly intreat me, and made me sit down by him, and put on my hat, and began with me after this manner; Mr. Lilburn, what is your Christian name? I said John. —Did you live in London before you went into Holland ? Yes, that I did. —Where? Near London-stone. —With whom there? With Mr. Thomas Hewson. —What trade is he? A dealer in cloth, I told him. —How long did you serve him? About five years. —How came you to part ? After this manner : I perceiving my master had an intention to leave off his trade, I often moved him that I might have my liberty, to provide for myself, and at the last he condescended unto it : and so I went into the country, to have the consent of my friends ; and after
that went into Holland. — Where were
dam. — And from thence you went to Amsterdam ? yes I was
you there ? At Rotter
76 THE FOURTH ESTATE.
at Amsterdam. —What books did you see in Holland ? Great store of books, for in every bookseller's shop as I came in, there were great store of books. —I know that, but I ask you if you did see Dr. Bastwick's Answer to my master's Information, and a Book called his Litany ? Yes, I saw them there ; and if you please to go thither, you may buy an hundred of them at the booksellers, if you have a mind to them. — Have you seen the "Unbishoping of Timothy and Titus," the "Looking-glass," and a "Breviate of the Bishop's late Proceedings"? Yes I have, and those also you may have there, ifyou please to send for them. —
Who printed all those books ?
the charges of printing them ? Of that I am ignorant. —But
I sent not any of them over. —Do you know one Hargust there ? Yes, I did see
did you not send over some of these books ?
Imet with him one day accidentally at Amsterdam. —How oft did you see him there ? Twice upon one day. —But did not he send over books ? If he did, it is nothing to me, for his doings are unknown to
such a man. —Where did you see him ?
me. — But he wrote a letter, by your directions, did he not? What he writ over I know no more than you. —But did you see him no where else there?
publications,
54 THE FOURTH ESTATE.
Affaires, and as you will find more candid. ) We are againe (by the favour of his Majestie and the State) resolved to go on printing, if we shall finde the World to give a better acceptation of them, (than of late,) by their Weekly buying them. It is well known these Novels are well esteemed in all parts of the World, (but heere,) by the more judicious, which we can impute to no other but the discontinuance of them, and the uncertaine days of publishing them, which, if the poste fail us not, we shall keepe a constant day every weeke therein, whereby every man may constantly expect them, and so we take leave,
January the 9th, 1640.
The leave thus hopefully taken for a week, seems to have extended to a much longer period ; and indeed would appear to have been final. Stirring times were at hand, when the trammels of the press were to fall, because the State lost its power of coercion; and bolder and more unscrupulous journalists were to take the place of the unsuccessful Nathaniel Butter. In this address to the reader it may, however, be noticed that the licenser is named as one of the difficulties in the way, even of a Newspaper so humble in its pretensions as the Weekly News. There is not in the earlier numbers of that print any apparent evidence of such sheets of News being published under any such au thority. On the contrary, an examination of what remains to us of the journals issued by Butter and his colleagues, during the eighteen years between 1622 and 1640, — the changes of name in the imprint, and of place of publication, and the absence of any licenser's mark,—fully justify the belief already expressed, that these earliest Newspapers were issued without the cognizance of the law. —Thus, in February 1625, we find the News marked "London, Printed by B. A.
QUARRELS
OF THE CENSORS. 55
for Mercurius Britannicus ;" subsequently the B. A. is dropped, and the title stands Mercurius Britannicus only,* though the same type has evidently been used, and the publication is avowedly a continuation of pre vious sheets. Why this concealment, and these con stant variations, if the Weekly News was an authorized print ?
Whilst the only Newspapers of this early period were dragging their slow and unprofitable way, telling foreign intelligence only because home News were dangerous to touch, the question of the liberty of the press was working its way in other channels. Those who had the authority to license books clashed at times in their opinions of what was proper to be published. Thus, in the proceedings in Parliament against Eichard Montague, "for publishing a factious and seditious book," it appeared in evidence that the licensers dif
fered as to whether the work should appear or not. The Archbishop of Canterbury disallowed the book, and endeavoured to suppress it ; but the other bishops attested their approbation of and hastened the edi tion, Again, when the obsequious churchman, Dr. Sibthorp, printed sermon in which he advised the people to submit to the illegal taxes of Charles the First, the Bishop of London licensed the pamphlet; but the Archbishop of Canterbury refusing his sanction to the work, he fell under the King's displeasure, and his
* May Number 20. " The continuation of our Weekly News, from the 27th of April unto the 5th of May," &e. " London, Printed for Mereurius Britannicus, 1625. " This title Mercurius Britannicus was often used afterwards, as we shall see.
Howell's State Trials, Vol. II. , p. 1259.
t
5.
t
a
it,
56 THE FOURTH ESTATE.
see was sequestrated. * Again, in 1628, the case of the Rev. Dr. Mainwaring's two sermons, preached and published in support of Charles the First, shows in an other way how the licensing of books was complicated. These sermons had in the opening page the words " Published by his Majesty's Special Command," and this authority was directed to be so placed in print by the Bishop of London, who had been commanded by the King to license the works, yet feared to do so in his own name. These fears were well founded. The Parliament prosecuted the author, sent him to the Fleet, and compelled him to recant on his knees at the bar of the House of Commons. But, though declared disabled for holding preferment in the church, the King gave him a good rectory in Essex, in addition to the living of St. Giles's in the Fields. This bonus
was given to Mainwaring after Charles had issued a
the publications so sanc tioned by royal authority, and forbidding the reprint
ing of them under severe penalties. The books were burnt in London and Westminster, at Oxford, and at Cambridge, whilst the writer was rewarded by rich beni- fices in the Church.
The arbitrary power of the Star Chamber was brought into operation in 1630, in the case of Dr. Alexander Leighton, who had published five or six hundred copies of an Appeal to Parliament against Prelacy. In this work he had declared the prelacy of the English Church to be " an ti- christian, and satan- ical ;" he termed the prelates "themselves " men of blood," and called the bishops ravens and magpies. "
♦Howell's State Trials, Vol. II. , p. 1451.
proclamation condemning
THE SENTENCE ON LEIGHTON. 57
These expressions were quoted in the information against him as amongst the most serious of his offences. To us, who are accustomed to the frequent and severe denunciations of modern Newspaper writing, all this seems harmless enough ; yet, Leighton was convicted, and sentenced to be imprisoned in the Fleet for life ; to be fined £10,000; to be degraded of his ministry; to stand in the pillory; to have his nose slit, and to have his ears cropped ; and, further, to be branded in the cheek. This bitter judgment having been pronounced, the prisoner was taken to the Fleet, and there closely confined ; but, while steps were being taken in the Ecclesiastical Courts for his degradation from the ministry, some friends, aided it is believed by the goaler, assisted him to escape. A loud hue and cry was raised, all " his majesty's loving subjects" were enjoined "to use all diligence for the apprehend ing of the said Alexander Leighton," who is described as " a man of low stature, fair complexion : hath a yellowish beard, a high forehead, and between forty and fiftyyears of age. " This hue and cry of the authorities "followed the fugitive to Bedfordshire, where he was apprehended, and brought again a prisoner to the Fleet. " And the final acts of this cruel tragedy are thus told in the Diary of the Bishop of London, under date November the 24th. *
' Leighton was degraded at the High Commission, Tuesday ' the 9th of November ; that night Leighton broke out of the ' Fleet, the warden says he got or was helped over the wall, ' and moreover professed he knew not this till Wednesday noon, ' he told it not me till Thursday night. He was taken again ' in Bedfordshire, and brought back to the Fleet, within a fort-
* State Trials, Vol III. , p. 386.
58 THE FOURTH ESTATE.
' night. Friday November the 16th, part of his sentence was ' executed upon him in this manner, in the new palace at West- ' minster, in term time : 1. He was severely whipt before he ' was put in the pillory. 2. Being set in the pillory, he had ' one of his ears cut off. 3. One side of his nose slit. 4. Branded
' on one cheek with a red hot iron, with the letters S S, signifying ' a stirrer up of sedition, and afterwards carried back again ' prisoner to the Fleet, to be kept in close custody.
' And on that day seven-night, his sores upon his back, ear, ' nose, and face being not cured, he was whipt again at the ' pillory in Cheapside, and there had the remainder of his ' sentence executed upon him, by cutting off the other ear, slit- ' ting the other side of the nose, and branding the other cheek. '
Afterwards those who procured his escape were taken and brought into the Star Chamber, and proceeded against, viz. The defendants practising with one Leighton, a notable offender, to procure his escape out of the Fleet, Levingston put off his cloak, hat and breeches, being all of a grey colour, and Anderson his doublet, and Leighton put theirs on, and in that disguise they all went out of the Fleet unsuspected; but were afterwards taken again, and for these offences, and respect had of their penitency, they were only lined 500Z. a-piece, and committed to the Fleet during the king's pleasure. *
A more notorious, but scarcely a more cruel, case of Star Chamber tyranny, exercised against those who indulged in the free expression of printed thought, was that of Prynn. This indefatigable writer had with much difficulty procured a license for a book written in condemnation of actors and acting ;t and though, as
* " In 1641 the House of Commons came to several Resolutions in condemnation of the proceedings against Dr. Leighton. Particularly, they resolved, that the fine and corporal punishment and imprisonment by the sentence of the Star-Chamber were illegal, and that he ought to have satisfaction for his sufferings and damages. Journ. Comm. 21 April, 1641. " Hargrave.
t Histrio-mastix, or a Scourge for Stage Players, &c.
THE TRIAL OF PKYNN.
j'J
it was shown, the work was in the press before the
Queen of Charles the First had taken part in a masque
at Court, yet it was urged by Prynn's enemy, Bishop Laud, that the publication was intended to throw dis credit on Her Majesty, and the writer was placed be fore the Star Chamber. To be there charged was to
be condemned. Prynn's answer, though ineffectual as a defence, is curious, since it gives an insight of the de lays and difficulties thrown in the way of an author by the licensers, and a passage from it may be quoted here as an illustration of the system: —
Mr. Prynn taking into his serious consideration the frequent resort of sundry sorts of people to common Stage-Plays about the City of London; and having read divers councils, laws and statutes of this and other realms, against the frequenting of common stage-plays, and the judgment and opinion of several divines, and other ancient authors, and divers English writers allowed by public authority, and his own judgment running with those ; not intending to reflect, or to have relation to the king, queen, state, or government, or your lordships, did about seven years ago, compile this book entitled Histrio-mastix ; which is no more but a collection of divers arguments and authorities against common Stage-Plays. That about four years since, he did commit the same to Michael Sparkes, one of the Defendants, to be commended to such persons as then had authority to license books for the press. Sparkes did carry it to Mr. King, belonging to the late Archbishop of Canterbury ; and before he had perused this book, Mr. Buckner had authority to allow of the books, to the press : Sparkes brought this book to Mr. Buckner, who kept it by him three months, in which time he did fully peruse it. In the interim, he gave part of the book to Sparkes to print, and kept the rest till he had perused
and said, that he should have that also to the press. In October following, he carried this copy with the licence, and caused them to be entered into Stationers' Hall, and did com
it,
60 THE FOURTH ESTATE.
pound with those that had authority for the printing of this book. It was printed publicly, and not secretly ; and because there was some of the copies close written, he caused these to be brought again to peruse, to the intent that he might not be deceived in them ; and as he saw cause, corrected them accord ingly. That in Easter-Term was twelvemonth, the Epistle, and the whole First Part of the Book was printed ; and he had time to examine it between Easter-Term and Trinity, and then he did make such alterations as he saw cause, viz. in p. 711, &c. And afterwards the Second Part, and two sheets of the index of the book was likewise printed, and these were likewise brought to Mr. Buckner; so that the whole Book, with the Index, was bound up about Christmas following, which was
Christmas was a twelve-month. Mr. Buckner sent for Mr. Prynn, and the stationer was desirous that the Book might be published, and that he might send some volumes to him : but Mr. Buckner said, he could wish the word ' Pity,' in such a page might be left out ; and I wish with Mr. Buckner, that ' Pity' might be added to every page of the Book. So when Mr. Prynn saw all this from him, that had license to allow printed Books, he conceived it a sufficient warrant for his proceedings.
His judges thought differently. They convicted him, and sentenced him to the pillory; to lose his ears, to pay a fine of £5000, and afterwards to suffer imprisonment for life. His book they directed to be burnt by the common hangman. The licenser was fined £50 ; whilst Sparkes, another of the defendants, who is described as "a common publisher of unlawful and unlicensed books," was also condemned to pay a fine of £500, and to stand in the pillory, and for the pillory to be in Paul's Church Yard. " It is a con secrated place," interposed the Archbishop of Canter bury, who sat as one of the judges. "I cry your Grace's mercy," added Lord Cottington, who was pro nouncing sentence; " then let it be in Cheapside. " And
MORE PERSECUTION. 61
the sentence was executed accordingly; the Attorney General Noy, who prosecuted the unfortunate author, " laughing at Mr. Prynn, whilst he was suffering in
the pillory. "
A few years afterwards, (13th, Charles the First,
1637,)Prynn was again seized by the authorities, but this time he had companions in persecution. John Bastwick, a Physician ; Henry Burton, Bachelor of Divinity ; and William Prynn, Barrister, were pro ceeded against, by information in the Star Chamber, for writing and publishing books against the Hierarchy. They prepared their written answers, but no counsel having courage to sign the documents for fear of offending this dreaded court, the accused petitioned to be allowed to sign the answers themselves. This obvious justice was denied them, and the matters in the information were taken pro confesso.
They loudly complained of this, and Prynn craved of the court " only so much favour and justice as Christ found
before Pilate, and Paul before Felix, Festus, and Agrippa, or as every traitor and felon enjoys in the Court of Justice —to answer for himself when his coun sel will not, cannot, or dare not. " It was in vain. They were held to have pleaded guilty, because no barrister had signed their answers to the information, and, on the 14th of June, they were brought up for sentence. Let some extracts of the report of the proceedings, as they stand in the State Trials,* tell the sequel of this curious and interesting drama of real life in England, when Charles the First was King.
* State Trials, Vol. III. , pp. 717, 754.
62
THE FOURTH ESTATE.
June 14, (1637. ) The Lords being set in their places in the Star-Chamber, and the three Defendants brought to the bar, to receive their Sentences, the Lord Chief Justice Finch looking earnestly on Mr. Prynn, said, I had thought Mr. Prynn had no ears, but methinks he hath ears ; which caused many of the lords to take the stricter view of him, and for their better satisfaction, the usher of the court was commanded to turn up his hair, and show his ears : upon the sight whereof the lords were displeased they had formerly been no more cut off, and cast out some disgraceful words of him. To which Mr. Prynn replyed, ' My lords, there is never a one of your honours, but would be sorry to have your ears as mine are. '
Lord Keeper. In good faith he his somewhat saucy.
Mr. Prynn. I hope your honours will not be offended, pray God give you ears to hear.
Lord Keeper. The business of the day is to proceed on the Prisoners at the bar.
Mr. Prynn. then humbly desired of the Court to give him leave to make a motion or two, which being granted, he moved First, That their honours would be pleased to accept of a Cross Bill against the prelates, signed with their own hands, being that which stands with the justice of the Court which he hum
the business of the day. Read the Information, which was read being very large, and having these five Books thereto an nexed, Dr. Bastwick's Latin 'Apology, 'his Litany, Mr. Burton's book entitled, 'An Apology for an Appeal to the king's most ' excellent majesty, with two Sermons for God and the King, ' preached on the 5th of November last : The News from Ipswich, and the Divine Tragedy, recording God's fearful Judgments against Sabbath-Breakers. —The king's counsel being five, took each of them a several Book.
Mr. Attorney began with Dr. Bastwick's Latin Apology ; next unto the Attorney, Serjeant Whitfield falls upon Mr. Bur ton's book, saying, In good faith, my lords, there is never a page in this Book, but deserves a heavier and deeper Censure than this Court can put upon him.
bly craves ; and so tendered it.
Lord Keeper. Your Answer comes now too late ; proceed to
***
BASTWTCK BEFORE THE STAR CHAMBER. 63
Next followed the Archbishop, who in like manner descanted on The News from Ipswich, charging it to be full of pernicious lyes ; and especially vindicating the honour of Matthew Wren, bishop of Norwich, as being a learned, pious, and reverend father of the Church.
Next followed the king's Solicitor, (Mr. Littleton) who des canted upon the Divine Tragedy ; to which part of it concern ing God's judgements on Sabbath-Breakers, he said, That they sat in the Seat of God, who judged these accidents which fell out upon persons suddenly struck, to be the judgments of God for Sabbath-Breaking.
Prynn sought to urge a word in defence, but was over-ruled. Dr. Bastwick also spoke out boldly against the manifest injustice of the Court :—
Dr. Bastwick. My noble lord of Arundell, I know you are a noble prince in Israel, and a great peer of this realm ; there are some honourable lords in this court, that have been forced out as combatants in a single duel ; it is between the Prelates and us, at this time, as between two that have appointed the field. The one being a coward goes to the magistrate, and by virtue of his autho rity disarms the other of his weapons, and gives him a bullrush, and then challenges him to fight. If this be not base cowardice, I know not what belongs to a soldier. This is the case between the Prelates and us, they take away our weapons (our Answers) by virtue of your authority, by which we should defend ourselves, and yet they bid us fight. My lord, doth not this savour of a base
I know, my lord, there is a decree gone forth (for my Sentence was passed long since) to cut off our ears.
cowardly spirit ?
Lord Keeper. Who shall know our Censure, before the court pass it ? Do you prophecy of yourselves ?
Dr. Bastwick. My lord, I am able to prove and that from the mouth of the Prelates' own servants, that in August last was decreed, that Dr. Bastwick should lose his ears. my noble lords this righteous judgment may say, as the Apostle once said, What, whip Roman have been soldier able to lead an army into the field, to fight valiantly for the honour of their prince Now am physician, able to cure
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64
THE FOURTH ESTATE.
nobles, kings, princes, and emperors ; and to curtalize a Roman's ears like a cur, O my honourable lords ! is it not too base an act for so noble an assembly, and for so righteous and honour able a cause ? The cause, my lords, is great, it concerns the glory of God, the honour of our king, whose prerogative we labour to maintain and to set up in a high manner, in which your honours liberties are engaged : And doth not such a cause deserve your lordships consideration, before you proceed to censure ? * * My good lords, it may fall out to be any of your lordships cases to stand as delinquents at this bar, as we now do : It is not unknown to your honours, the next cause that is to succeed ours, is touching a person that sometime hath been in greatest power in this court : And if the mutations and revolutions of persons and times be such, then I do most hum bly beseech your honours to look on us as it may befal your selves. But if all this will not prevail with your honours to peruse my Books, and hear my Answer read, which here I tender upon the word and oath of a soldier, a gentleman, a scholar, and a physician, I will clothe them (as I said before) in Roman buff, and disperse them throughout the Christian world, that future generations may see the innocency of this cause, and your honours unjust proceedings in it ; all which I will do, though it cost me my life.
Burton claimed that his answer should be received, but was told his answer was impertinent:—
Thus the Prisoners desiring to speak a little more for them selves, were commanded to silence. And so the lords proceeded to Censure.
Lord Cottington. I condemn these three men to lose their ears in the Palace-yard at Westminster; to be fined 5,000£ a man to his majesty; and to perpetual imprisonment in three remote places of the kingdom ; namely, the castles of Carnarvon Cornwall and Lancaster.
Lord Finch. I condemn Mr, Prynn to be stigmatized in the cheeks with two letters (S & L) for a Seditious Libeller. To which all the lords agreed. And so the Lord Keeper con cluded the Censure.
PUBLIC WRITERS IN THE PILLORY. Co
Archbishop Laud, after this sentence, made a lengthy speech, in which he defended the Bishops and himself against the attacks made upon them in the News
from Ipswich, and other publications. No one could answer him in that chamber; the Court rose; and on the 30th of June the sentence was executed in Palace Yard, Westminster, where the pillory was put up. Again let us quote the State Trials, and see how gallantly these writers braved the wrath of their enemies : —
Dr. Bastwick and Mr. Burton first meeting, they did close one in the other's arms three times, with as much expressions of love as might be, rejoicing that they met at such a place, upon such an occasion, and that God had so highly honoured them, as to call them forth to suffer for his glorious Truth.
Then immediately after, Mr. Prynn came, the docter and he saluting each other, as Mr. Burton and he did before. The doc tor then went up first on the scaffold, and his wife immediately following came up to him, and saluted each ear with a kiss, and then his mouth. Her husband desired her not to be in the least manner dismayed at his sufferings: and so for a while they parted, she using these words 'Farewell my dearest, be of good ' comfort, I am nothing dismayed. ' And then the doctor began to speak these words :
Dr. Bastwick. There are many that are this day spectators of our standing here, as delinquents, though not delinquents, we bless God for it. I am not conscious to myself wherein I have committed the least trespass (to take this outward shame) either against my God, or my king. And I do the rather speak it, that you that are now beholders may take notice how far innocency will preserve you in such a day as this is ; for we come here in the strength of our God, who hath mightily sup ported us, and filled our hearts with greater comfort than our shame or contempt can be. The first occasion of my trouble was by the prelates, for writing a Book against the Pope, and the Pope of Canterbury said I wrote against him, and therefore
VOL. I. F
66 THE FOURTH ESTATE.
questioned me : but if the presses were as open to us as formerly they have been, we would shatter his kingdom about his ears : but be ye not deterred by their power, neither be affrighted at our sufferings ; let none determine to turn from the ways of the Lord, but go on, fight courageously against Gog and Magog. I know there be many here who have set many days apart for our behalf (let the prelates take notice of it) and they have sent up strong prayers to Heaven for us, we feel the strength and
I would have you to take notice
benefit of them at this time ;
of it, we have felt the strength and benefit of your prayers all along this cause. In a word, so far I am from base fear, or caring for anything that they can do, or cast upon me, that had I as much blood as would swell the Thames, I would shed it every drop in this cause ; therefore be not any of you discouraged, be not daunted at their power ; ever labouring to preserve inno- cency, and keep peace within, go on in the strength of your God, and he will never fail you in such a day as this : as I said before, so I say again, had I as many lives as I have hairs on my head, or drops of blood in my veins, I would give them all up for this cause. This plot of sending us to those remote places, was first consulted and agitated by the Jesuits, as I can make it plainly appear. O see what times we are fallen into, that the lords must sit to act the Jesuits plots ! For our own parts, we
owe no malice to the persons of any of the prelates, but would lay our necks under their feet to do them good as they are men, but against the usurpation of their power, as they are bishops, we do profess ourselves enemies till dooms-day.
Prynn likewise spoke to the assembled crowd, amongst whom, doubtless, there were many who sym pathized with these sufferers for liberty of printed thought. He said :—
We praise the Lord, we fear none but God and the king : Had we respected our Liberties, we had not stood here at this time : it was for the general good and liberties of you all that we have now thus far engaged our own liberties in this cause. For did you know how deeply they have entrenched on your
PRYNN AGAIN IN THE PILLORY. 07
liberties in point of Popery ; if you knew but into what times you are cast, it would make you look about you : and if you did but see what changes and revolutions of persons, causes and actions, have been made by one man, you would more narrowly look into your privileges, and see how far your liberty did law fully extend, and so maintain it.
This is the second time that I have been brought to this place ; who hath been the author of think you all well know For the first time, (7th Feb. 1633. ) could have had leave given me, could easily have cleared myself of that which was then laid to my charge as also could have done now, might have been permitted to speak that book (Histrio-mas- tix,) for which suffered formerly, especially for some parti cular words therein written, which quoted out of God's Word and antient Fathers, for which notwithstanding they passed censure on me that same book was twice licensed by public authority, and the same words then suffered for, they are again made use of, and applied in the same sense by Heylin, in his Book lately printed and dedicated to the king, and no exceptions
taken against them, but are very well taken.
Dr. Bastwick. And there another Book of his licensed,
wherein he rails against us three at his pleasure, and against the Martyrs that suffered in queen Mary's days, calling them Schismatical Hereticks and there another book of Pockling- ton's licensed (Altare Christianum. ) they be as full of lies as dogs be full of fleas but were the presses as open to us as they are to them, we would pay them, and their great master that upholds them, and charge them with notorious blasphemy.
Mr. Prynn. You all at this present see there be no degrees of men exempted from suffering Here reverend Divine for the soul, a Physician for the body, and Lawyer for the estate. *
Bastwick, will be seen, longed for the time when
* The Archbishop of Canterbury being informed by his spies what Mr. Prynn said, moved the lords then sitting in the Star Chamber that he might be gagged, and have some further censure presently executed upon him; but that motion did not succeed. State Trials, Vol. III. , p. 749.
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68 THE FOURTH ESTATE.
the presses should be as open to them as it was to
their opponents. That time was approaching, and these cruelties hastened it. But the pillory was gaping for its victims :—
Now the Executioner being come to sear him, and cut off his ears, Mr. Prynn spake these words to him : Come, friend, come, burn me, cut me, I fear not. I have learned to fear the Fire of Hell, and not what man can do unto me : come sear me, sear me, I shall bear in my body the marks of the Lord Jesus : Which the Executioner performed with extraordinary cruelty, heating his iron twice to burn one cheek : and cut one of his ears so close, that he cut off a piece of his cheek. He said, The more I am beaten down, the more am I lift up.
Upon the day for Execution, Mr. Burton being brought into the Palace-yard, unto a chamber that looked into the yard, where he viewed three pillories there set up : Methinks (said he) I see Mount Calvary, where the three crosses (one for Christ, and the other two for the two Thieves) were pitched : and if Christ were numbered among thieves, shall a Christian (for Christ's cause) think much to be numbered amongst rogues, such as we are condemned to be? Surely, if I be a rogue, I am Christ's rogue, and no man's. And a little after, looking out at the casement towards the pillory, he said, I see no difference be tween looking out of this square window and yonder round hole. Pointing towards the pillory, he said, It is no matter of differ ence to an honest man. And a little after that, looking some what wistfully upon his wife, to see how she did take she seemed to him to be something sad to whom he thus spake Wife, why art thou so sad? To whom she made answer, Sweetheart, am not sad. No, said he See thou be not, for
would not have thee to dishonour the day, by shedding one tear, or fetching one sigh for behold there, for thy comfort, my triumphant chariot, on which must ride for the honour of my Lord and Master and never was wedding day so welcome and
joyful day as this day and so much the more, because have such noble captain and leader, who hath gone before me with such undauntedness of spirit, that he saith of himself, gave
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A. PILLORY SCENE. G9
my back to the smiters, my cheeks to the nippers, they plucked off the hair, I hid not my face from shame and spitting, for the Lord God will help me, therefore shall I not be confounded : therefore have I set my face like a flint, and I know I shall not be ashamed. At length being carried toward the pillory, he met Dr. Bastwick at the foot of the pillory, where they lovingly saluted and embraced each other ; and parting a little from him, he returned and most affectionately embraced him the second time, being heartily sorry he missed Mr. Prynn, who was not yet come, before he was gone up to his pillory, which stood alone next the Star Chamber, and about half a stone's cast from the other double pillory, wherein the other two stood ; so as all their faces looked southward, the bright sun all the while, for the space of two hours, shining upon them. Being ready to be put into the pillory, standing upon the scaffold, he spied Mr. Prynn new come to the pillory, and Dr. Bastwick in the pillory who then hasted off his band, and called for a handkerchief, saying, What ! shall I be last, or shall I be ashamed of a pillory for Christ, who was not ashamed of a cross for me ? Then be ing put into the pillory, he said, Good people, I am brought hither to be a spectacle to the world, to angels and men ; and howsoever I stand here to undergo the punishment of a rogue, yet except to be a faithful servant to Christ, and a loyal subject to the King, be the property of a rogue, I am no rogue. But yet if to be Christ's faithful servant, and the King's loyal subject deserve the punishment of a rogue, I glory in and bless my God, my conscience clear, and not stained with the guilt of any such crime as have been charged with, though otherwise
confess myself to be a man subject to many frailties and hu man infirmities. Indeed that Book intitled, " An Apology for an Appeal, with sundry Epistles and two Sermons, for God and the king," charged against me in the Information, have and do acknowledge (the misprinting excepted) to be mine, and will by God's grace never disclaim whilst have breath within me. After a while, he having nosegay, in his hand, bee came and pitched on the nosegay, and began to suck the flowers, which he beholding, and well observing, said, Do ye not see this poor bee? she hath found out this very place to suck sweet from
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70 THE FOURTH ESTATE.
these flowers ; and cannot I suck sweetness in this very place from Christ?
With other such devout remarks, this reverend author of an open-speaking book endeavoured to lighten the sufferings of the pillory.
When the Executioner had cut off one ear, which he had cut deep and close to the head in an extraordinary cruel man ner ; yet he never once moved and stirred for though he had cut an artery, so as the blood ran streaming down upon the scaffold, which divers persons standing about the pillory seeing, dipped their handkerchiefs in, as thing most precious, the people giving a mournful shout, and crying for the surgeon, whom the croud and other impediments for a time kept off, so that he could not come to stop the blood he all the while held up his hands, said, Be content, well, blessed be God. The other ear being cut no less deep, he then was freed from the pillory, and came down, where the surgeon waiting for him, presently applied remedy for stopping the blood after large effusion thereof, yet for all this he fainted not in the least manner, though through expense of much blood he waxed pale. And one offering him a little wormwood-water, he said, It needs not yet through importunity he only tasted of
and no more, saying, His master, Christ, was not so well used, for they gave him gall and vinegar, but you give me good strong water to refresh me, blessed be God. His head being bound up, two friends led him away to an house provided him in King- street, where being set down, and bid to speak little, yet he said after pause, This too hot to hold long Now lest they in the room, or his wife should mistake, and think he spake of himself concerning his pain, he said, speak not this of myself; for that which have suffered nothing to that my Saviour suffered for me, who had his hands and feet nailed to the cross and lying still while, he took Mr. Prynn's sufferings much to heart, and asked the people how he did, for, said he, his sufferings have been great. He asked also how Dr. Bastwick did, with much compassion and grief, that himself (being the first that was executed) could not stay to see how they two fared after him.
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FORBIDDEN BOOKS IMPORTED. 71
When all the ingenuities of cruelty had been thus tried upon Prynn, Bastwick, and Burton, they were securely locked up in prison;* but the key of the gaoler could not confine the thoughts that had escaped them at the pillory in Westminster, or obliterate from the minds of the spectators the recollection of the shameful exhibition. "The people," says Carte, "listened greedily to their speech. Notes were taken of them, and in written copies spread about the city. "t Another Royalist recorder of these events, Clarendon, dilates upon the fact that their dangerous opinions " had been faithfully dispersed by their proselytes in London. " These opinions, however, no man dared reprint in Eng land, and recourse was had to presses abroad. Books, which it was found impossible to complete in this country, were produced in Holland and elsewhere, and secretly imported. The rule of the political economists that demand will create supply held good, and the very persecution of the offending writers having assisted in spreading their fame, the demand for copies of their books, unsatisfied by English publishers, was fed by the presses of Holland. As an additional punishment to Prynn, his volumes (and they were by no means small ones) were burnt by the hangman, so close under his nose as he stood in the pillory that he was nearly
* Prynn was taken to the Tower by water ; and, on his passage in the boat, composed the following Latin verses on the two letters S. L. , which had been branded on his cheek, to signify Schismatical Libeller, but which he chose to translate "Stigmata Laudes," the stigmas of his enemy, Archbishop Laud —
" Stigmata maxillis referens insignia Laudis Exultans remeo, victima grata Deo. "
tCarte's History of England, Vol. IV. , p. 236.
72 THE FOURTH ESTATE.
choked by the flames and smoke ; yet from the ashes of their destruction they rose again Phoenix-like, more vigorous in their power to offend the authorities. Various modes were adopted to stay this invasion of foreign reprints of distasteful opinions. On the 1st of July, 1637, a Star Chamber decree was issued, "for reducing the number of master printers, and punishing all others that should follow the trade, and for prohibit ing as well the impression of all new books without licence, and of such as had been licensed
formerly without a new one, as the importation of all books in the English tongue, printed abroad, and of all foreign
books whatever, till a true catalogue thereof had been presented to the Archbishop of Canterbury, and the Bishop of London, and the books themselves had been received by their chaplains, or other learned men of their appointment, together with the masters and war dens of the Stationers' Company. " Carte, who recites this order in his history, adds — " Care was taken to have this decree duly executed, and to procure from the States General of the United Provinces a procla mation against the printers and dispersers of seditious books and libels injurious to the Church and Bishops of England. The magistrates of Amsterdam and Rotterdam were likewise engaged to apprehend and punish such Englishmen as had printed any unlicensed pamphlets. "
These measures were so stringently acted upon, that for a time they seemed to have the intended effect, but the difficulties of the King's government were in creasing, and as the attention of his officers was called to other affairs, means were adopted for smuggling the
THE LAWS AFFECTING BOOKS. 73
forbidden publications into London. To stop this, the Star Chamber was once more brought into play.
It was an old law—a law enacted in the reign of Richard the Third, who, though the villain of Shaks- pear's play and of history, was yet in many things a
prudent and talented king— that foreigners might import any books, and sell them, by retail or otherwise, in England. * Henry the Eighth repealed this law
(in the 25th year of his reign), when books from foreign countries were likely to tell against his kingly views, t and imposed a fine on those who offended the new rule. A few years afterwards, the same monarch procured the passing of an act directing that any person printing opinions contrary to the six articles should be burnt alive. J His more benevolent son, the friend of education, Edward the Sixth, repealed this sangui nary decree : but the edict against imported books remained in force, was aided by the proclamations of Elizabeth,|| and was further strengthened by the
* 1st Richard ILL, c. 9, § 12. 1 25th Henry VIII. , c. 15, { 1,
% 31st Henry VIII. , c. 14.
|| Queen Elizabeth seems to have been very fond of meddling with
the spread of written opinion, as the following list of proclamations will testify :—
11th Eliz. —A proclamation was issued against "bringing into the realm unlawful books. "
12th Eliz. — A proclamation against "Seditious and traitorous books, bills, and writings. " 1st July.
15th Eliz. —A proclamation " prohibiting the having or selling of a book called The Admonition to the Parliament, made against the book of Common Prayer. " 11th June. In the same year another proclama tion against slanderous and seditious books and libels. 28th September.
18th Eliz. — A proclamation "for the discovery of the authors of certain seditious and infamous libels. " 26th March.
21st Eliz. —Aproclamation " against such as speak evil of Monsieur
74 THE FOURTH ESTATE.
obedient Parliament of James the First, who passed an act* prohibiting altogether the importation of Popish" books in any language, and imposing a fine on all who imported Superstitious Books in English. " Superstition in Latin, therefore, might be dealt in; and such a statute emanating from the author of a work on witchcraft is very amusing to us who live in days when witchcraft no longer obtains belief. Sanctioned by these laws, and by their own decree, the Star Chamber determined upon making another example that should cast terror upon the minds of the people.
selected two victims, — one a man in his eighty-fifth year, but whose character and exertions had strengthened the popular cause ; the other a youth of twenty, who had newly arrived from a visit to Holland, the country whence the hated books were
This selection was most unfortunate for those who made it ; for the old man, John Wharton, became in the eyes of the people a venerable martyr ; whilst the injustice and cruelty of the Star Chamber goaded the youth to a heroism of puritanical furor and soldierly zeal which bore bitter fruits to his op pressors, when Cavalier met Roundhead at Edgehill and Marston Moor.
the French King's brother, and against a book seditiously published against him by Stubs, called the Gaping Gulfe. " 27th September.
25th Eliz. A proclamation "against seditious and schismatical books and libels. " June.
26th Eliz. — A similar proclamation.
31st Eliz. —Another repetition of the same.
43rd Eliz. —A proclamation offering a reward of £100 (a very
large sum in these days) to such as shall discover any authors or wri ters of such libels as were scattered abroad in London. 5th April.
* 3rd James c. 25.
They
brought.
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THE SEIZURE OF LILBURN. 76
The manner of Lilburn's seizure, and the treacher ous civilities of Mr. Cockshey, the Attorney General's clerk, cannot be better told than in the words of the
chief actor in the scenes: —
Upon Tuesday the 11th or 12th Dec. 1637, I was treacher
ously and Judasly betrayed (by one that I supposed to be my friend) into the hands of the pursuivant, with four of his assist ants, as I was walking in Soperlane with one John Chilburne, servant to old Mr. John Wharton, in Bow-lane, a hot-presser. And about twelve of the clock the next day, I was committed to the Gate-house, by sir John Lamb, the prelate of Canterbury's chancellor, with others, without any examination at all, for send ing of factious and scandalous Books out of Holland into England. And having not been at the foresaid prison above three
days, I was removed, by a warrant from the Lords of the Coun cil, to the Fleet, where I now remain. And after my being there some time, I drew a Petition to the Lords of the Council for my liberty ; and their Answer to it was, that I should be ex amined before sir John Banks, the king's Attorney : The copy of which examination thus follows.
Upon Tuesday the 14th Jan. 1637, I was had to sir John Banks the Attorney General's chamber, and was referred to be examined by Mr. Cockshey his chief clerk; and at our first coming together, he did kindly intreat me, and made me sit down by him, and put on my hat, and began with me after this manner; Mr. Lilburn, what is your Christian name? I said John. —Did you live in London before you went into Holland ? Yes, that I did. —Where? Near London-stone. —With whom there? With Mr. Thomas Hewson. —What trade is he? A dealer in cloth, I told him. —How long did you serve him? About five years. —How came you to part ? After this manner : I perceiving my master had an intention to leave off his trade, I often moved him that I might have my liberty, to provide for myself, and at the last he condescended unto it : and so I went into the country, to have the consent of my friends ; and after
that went into Holland. — Where were
dam. — And from thence you went to Amsterdam ? yes I was
you there ? At Rotter
76 THE FOURTH ESTATE.
at Amsterdam. —What books did you see in Holland ? Great store of books, for in every bookseller's shop as I came in, there were great store of books. —I know that, but I ask you if you did see Dr. Bastwick's Answer to my master's Information, and a Book called his Litany ? Yes, I saw them there ; and if you please to go thither, you may buy an hundred of them at the booksellers, if you have a mind to them. — Have you seen the "Unbishoping of Timothy and Titus," the "Looking-glass," and a "Breviate of the Bishop's late Proceedings"? Yes I have, and those also you may have there, ifyou please to send for them. —
Who printed all those books ?
the charges of printing them ? Of that I am ignorant. —But
I sent not any of them over. —Do you know one Hargust there ? Yes, I did see
did you not send over some of these books ?
Imet with him one day accidentally at Amsterdam. —How oft did you see him there ? Twice upon one day. —But did not he send over books ? If he did, it is nothing to me, for his doings are unknown to
such a man. —Where did you see him ?
me. — But he wrote a letter, by your directions, did he not? What he writ over I know no more than you. —But did you see him no where else there?
