But they have
suffered
it patiently, as a sheep that
is brought to the slaughter-house.
is brought to the slaughter-house.
Hunt - Fourth Estate - History of Newspapers and Liberty of Press - v1
The time of great events was approaching, but the changes in the popular feeling did not then find expression in the journals ; and the editors, if editors they may be called, contented them selves with re-telling the News which reached England from other countries.
This want of courage to talk about home affairs, what so many people must have been anxious to know, could have gained little respect for the writers ; whilst the character of the foreign advices was such, that other wits besides Ben Jonson
Shirley's sketch. 47
had their fling at the Newsmonger. Shirley, in his Love Tricks, first played in 1624-5, gives an unflatter
ing picture :—
Antonio. Prythee what's the News abroad ? Easparo. News ? Oh, excellent News !
truth is, the News-maker, Master Moneylack, is sick of a con sumption of the wit.
Ant. The News-maker ! Why, is there any News-maker ?
Eas. Oh, sir, how should younger brothers have maintained themselves, that have travelled, and have the names of countries and captains without book as perfect as their prayers ? Aye, and perfecter too, for I think there is more probability of forget ting their prayers, they say them so seldom. I tell you, sir, I have known a gentleman that has spent the best part of a thousand pounds while he was prentice to the trade in Holland, and out of three sheets of paper, which was his whole stock,
(the pen and ink-horn he borrowed,) he set up shop, and spent a hundred pounds a-year. It has been a great profession. Marry, most commonly they are soldiers ; a peace concluded is a great plague upon them, and if the wars hold we shall have store of them. Oh, they are men worthy of commendation. They speak in print.
Ant. Are they soldiers ?
Eas. Faith so they would be thought, though indeed they are but mongrels, not worthy of that noble attribute. They are indeed bastards, not sons of war and true soldiers, whose divine souls I honour, yet they may be called great spirits too, for their valour is invisible ; these, I say, will write you a battle in any part of Europe at an hour's warning, and yet never set foot out of a tavern ; describe you towns, fortifications, leaders, the strength of the enemy, what confederates, every day's march. Not a soldier shall lose a hair, or have a bullet fly be tween his arms, but he shall have a page to wait on him in
I long to hear some.
Ant. Prithee what is't ?
Eas. There is no News at all.
Ant. Call you that excellent News ?
Eas. Is it not good News that there is no bad News ? The
IS
THE FOURTH ESTATE.
quarto. Nothing destroys them but want of a good memory, for if they escape contradiction they may be chronicled.
Ant. Why, thou art wise enough to be an informer.
Eas. Ay marry, now you speak of a trade indeed, the very
Atlas of a state-politic, the common shore of a city.
falls amiss into them, and if there be no filter in the common wealth (they) can live by honesty, and yet be knaves by their privilege ; there is not an oath but they will have money for it.
Ant. Oh, brave trade !
This is a severe caricature, but amusing as being another unscrupulous sketch dashed off by a contem porary of the early News-gatherers. Shirley's reference to the military character of some of these people looks like another allusion to the Captain Rashingham already noticed.
Butter and his colleagues seem to have issued their publications at more than one office, and, in an historical sketch of the rise of Newspapers, the order in which names of the publishers appear on successive numbers of the Weekly News may well be given, to gether with the headings of the paper showing how they varied. The first number in the British Museum collection has the names of Bourne and Archer as pub lishers; its date, heading, and imprint are :—
The 23. of May (1622). The Weekly Newes from Italy, Germanie &c. London : Printed by I. D. for Nicholas Bourne and Thomas Archer.
The succeeding numbers run thus : —
The 30. of May. Weekly Newes from Italy, Germanie, Hungarie, Bohemia, the Palatinate, France, and the Low Countries. Translated out of the Low Dutch Copie. London : Printed by E. A. for Nicholas Bourne and Thomas Archer, and are to be sold at their shops at the Exchange, and in Pope's- head Pallace. 1622.
Nothing
THE WEEKLY NEWS. 49
The 18. of June. Weekely Newes from Italy, Germanie, Hungaria, Bohemia, the Palatinate, and the Low Countries, with a strange accident hapning about the City of Zitta, in Lusatia. Translated out of the High Dutch Copie. London : Printed by J. D. for Nathaniel Newbery and William Sheffard, and are to be sold in Popes-head Alley. 1622.
The 2. of September. Two great Battailes very lately fought. The one betweene Count Mansfield and Don Cordua, the Spanish General, &c. London: Printed by J. D. for Nicholas Bourne and Thomas Archer, and are to be sold at their Shops at the Exchange, and in Popes-head Pallace. 1622.
The 9. September. Covnt Mansfield's Proceedings since the last Battaile, &c. London: Printed by E. A. for Nicholas Bourne and Thomas Archer, and are to bee solde at their Shops, at the Royall Exchange and Popes-head Pallace. 1622.
The 25. of September. Newes from most parts of Christen- dome, &c. London : Printed for Nathaniel Butter, and Wil liam Sheffard. 1622.
The 27. of September. A Relation of Letters and other Advertisements of Newes, sent hither unto such as correspond with friends beyond the Sea. From Rome, Italy, Spaine, France, the Palatinate, and divers other places. London : Printed for Nathaniel Butter, and Thomas Archer. 1622.
The 4. of Octob. A True Relation of the affaires of Europe especially, France, Flanders, and the Palatine, &c. Lon don : Printed for Nathaniel Butter and Nicholas Bourne. 1622.
Passing on to the following year, 1623, we find the titles become somewhat more regular : —
May 12. Numb. 31. The Newes of this present week. London : Printed for Nathaniel Butter, Nicholas Bourne, and William Sheffard. 1623.
May 17. Numb. 32. The last News. N. Butter and W. Sheffard. 1623.
May 26, 1623. (Here we have the year given in the heading. ) Numb. 33. A Relation of Count Mansfield's last
VOL. I. E
50 THE FOCRTH ESTATE.
proceedings, &c. N. Butter, N. Bourne, and W. Sheffard. 1623.
May 30. Numb. 34. The Last News. N. Butter and T. Archer. 1623.
July 18. Numb. 40. The Weekly News continued. N. But ter and N. Bourne. 1623.
July 22. Numb. 41. More News. N. Butter and W. Sheffard. 1623.
Oct 2. Number 50. Our Last News, &c. E. Allde for N. Butter and Thos. Archer, 1623.
The imprints of the News-books immediately pre ceding the numbers of the Weekly News, and bound with them in Dr. Burney's collection, are :—
Newes out of Holland. London : Printed by T. S. for Nathaniel Newberry, and are to bee sold at his Shop under St. Peter's Church in Cornhill, and in Popes Head Alley, at the Sign of the Star. 1619.
Newes from Poland. &c. London : Imprinted for F. K. and B. B. and William Lee, and are to bee sold at bis Shop in Fleet Street, at the sign of the Golden Buck, neere Serjeant's Inne. 1621.
Newes from France (a great fire in Paris). Translated from the French, and sold at the Golden Lion in St. Paul's Ch. Yard. 1621.
This list of imprints may not be very sightly in the page of a modern book, but they are requisite in this place to give a fair idea of the varying title, and of the changes amongst the publishers, of the first Newspapers. It is probable that the legal responsi bility of issuing a weekly sheet of intelligence without the sanction of the censor may have had something to do with the alterations in the imprint as well as with the irregularities in the appearance of the publication itself. The contents of these primitive journals may
NEWSPAPERS IN 1622. 51
deserve a brief examination before we pass to the con sideration of more stirring and important facts.
Here are some specimens : —In " News out of Hol land, concerning Barneveldt and his fellow prisoners,
their conspiracy against their native country, with the enemies thereof &c, to which is adjoyned a Discourse wherein the Duke D'Espernons' revolt and pernicious designs " are truly displayed and reprehended by his
friends one of the "friends" of the Duke D'Espernons
who adopts the financial signature of L. S. D. reproves him for his rebellion after the following fashion. This passage will illustrate the slavish tone adopted by Butter —the price paid probably for impunity in prin ting News at all: — "You are not ignorant," says this anonymous counsellor with the pecuniary initials, " that Kings are the image of the living God, that their wills and commandments are laws to be specially observed, and that no man can dispense therewith, without being guilty of High Treason both divine and human. — Paris, 28 Mar. 1619. "
The Weekly News of October, 1622, gives us a paragraph of less dignified character —" Letters from Bologna," says the journalist, "assure us that among other prisoners there were taken certain unruly persons who, one riotous night, spoiled the image of our Lady,
and disrobed other saints ; but after great search they were found, and all likely to endure severe punishment. " Spoiling images and disrobing saints seem to have
been the substitutes in those days for the wringing of knockers, and stealing of door-plates of our time. Again, from the same publication: —" On a Tuesday in
September,
in the Piazzo of St Marke's in Venice, e2
52 THE FOURTH ESTATE.
there was a publication of the banishment of La Illus- trissimaSignoraBianca, sister to the illustrious Almeino Balli, for poysoning her husband, Illustrissimo Giron- imo Seranco, and whosoever could bring in her head, should have 2000 livres : her goods were publicly sold, her Vecchia bandited, and a servant of trust proscribed. "
Again—"In the open market-place of St. Marke's, one Antonio Stranariol did deadly wound in the head Giacomo Lanoradi, a musician of St. Marke's Church : for which he fled, and is not yet taken. " We find also in the same paper :—
A true relation of the cruel execution done in Ommelburg, a towne in the Bishopricke of Mentz, upon the persons of two ministers, or preachers of the Gospel, by the instigation of the Jesuits. 'Tis most manifestly known to all the world that hatred, ennuie, and dissension reigne mightily now-a-days: The sonne is against the father, and the sister against the brother, and in general we are so exasperated one against another, that if we could drowne one another in a spoone with water, we would not fetch a pail, as partly appeareth by this present example. Johannes Vander Veech, and Lambertus Liber, being two Protestant Preachers, and having disputed against certain priests at Krugsganck, the Jesuits caused them to be apprehended, and afterwards most cruelly to be executed within the towne of Ommelburg, the 30th of August, 1622, where the hangman with red hot pincers pulled the flesh from their bones, (so that a heart made of stone would have taken
compassion on them,) and put them to death with great mar- tyrization.
But they have suffered it patiently, as a sheep that
is brought to the slaughter-house. About three days after the same, one of the Jesuits who was called Pater or Father John, aged 96 yeeres, was taken about 12 o'clock from his table, and was never seen afterwards. Therefore let us pray unto God that he will not judge us according to our deserts, but grant us everlasting salvation.
THE WEEKLY NEWS, 1640. 53
A later number of the Weekly News for the same year contains — "A continuation of the Affairs of the Low Countries and the Palatinate," —detailing the siege of Bergen bySpinola, and his retreat ;—"where- unto is added a letter fromaperson of speciall note, with
the articles between Monsieur Tilly, General for the Emperor, and Colonel Mernin, Governor of the City of Heidelberg, about the delivery of the same ;" " and also "another letter from a person of credit at Paris. These letters from special correspondents became more gene ral as the publication progressed. In later numbers we find "Briefe Abstracts of News from Divers Letters of trust," arranged in a somewhat similar manner to the foreign news in a journal of the present day.
Like a true speculator, Butter seems to have been full of hope to the last. By the latest of his weekly
to be found in Dr. Burney's collection, we see that, as on many previous occasions, the Paper had been stopped for a month, and then re-appeared ; but, in this instance, with the following title-page and
address to the reader : —
The Continuation of the Forraine Occurrents for 5 weekes last past, containing many remarkable Passages of Germany, &c. Examined and licensed by a better and more impartiall hand than heretofore. London, printed January 11, 1640, for Nathaniel Butter, dwelling at St. Austin's Gate.
The Printer to the Reader : —
Courteous Reader : We had thought to have given over printing our foreign avisoes, for that the licenser (out of a par tial! 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
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
:
I
a
a
! is
! I I?
it,
a
O
it
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.
Shirley's sketch. 47
had their fling at the Newsmonger. Shirley, in his Love Tricks, first played in 1624-5, gives an unflatter
ing picture :—
Antonio. Prythee what's the News abroad ? Easparo. News ? Oh, excellent News !
truth is, the News-maker, Master Moneylack, is sick of a con sumption of the wit.
Ant. The News-maker ! Why, is there any News-maker ?
Eas. Oh, sir, how should younger brothers have maintained themselves, that have travelled, and have the names of countries and captains without book as perfect as their prayers ? Aye, and perfecter too, for I think there is more probability of forget ting their prayers, they say them so seldom. I tell you, sir, I have known a gentleman that has spent the best part of a thousand pounds while he was prentice to the trade in Holland, and out of three sheets of paper, which was his whole stock,
(the pen and ink-horn he borrowed,) he set up shop, and spent a hundred pounds a-year. It has been a great profession. Marry, most commonly they are soldiers ; a peace concluded is a great plague upon them, and if the wars hold we shall have store of them. Oh, they are men worthy of commendation. They speak in print.
Ant. Are they soldiers ?
Eas. Faith so they would be thought, though indeed they are but mongrels, not worthy of that noble attribute. They are indeed bastards, not sons of war and true soldiers, whose divine souls I honour, yet they may be called great spirits too, for their valour is invisible ; these, I say, will write you a battle in any part of Europe at an hour's warning, and yet never set foot out of a tavern ; describe you towns, fortifications, leaders, the strength of the enemy, what confederates, every day's march. Not a soldier shall lose a hair, or have a bullet fly be tween his arms, but he shall have a page to wait on him in
I long to hear some.
Ant. Prithee what is't ?
Eas. There is no News at all.
Ant. Call you that excellent News ?
Eas. Is it not good News that there is no bad News ? The
IS
THE FOURTH ESTATE.
quarto. Nothing destroys them but want of a good memory, for if they escape contradiction they may be chronicled.
Ant. Why, thou art wise enough to be an informer.
Eas. Ay marry, now you speak of a trade indeed, the very
Atlas of a state-politic, the common shore of a city.
falls amiss into them, and if there be no filter in the common wealth (they) can live by honesty, and yet be knaves by their privilege ; there is not an oath but they will have money for it.
Ant. Oh, brave trade !
This is a severe caricature, but amusing as being another unscrupulous sketch dashed off by a contem porary of the early News-gatherers. Shirley's reference to the military character of some of these people looks like another allusion to the Captain Rashingham already noticed.
Butter and his colleagues seem to have issued their publications at more than one office, and, in an historical sketch of the rise of Newspapers, the order in which names of the publishers appear on successive numbers of the Weekly News may well be given, to gether with the headings of the paper showing how they varied. The first number in the British Museum collection has the names of Bourne and Archer as pub lishers; its date, heading, and imprint are :—
The 23. of May (1622). The Weekly Newes from Italy, Germanie &c. London : Printed by I. D. for Nicholas Bourne and Thomas Archer.
The succeeding numbers run thus : —
The 30. of May. Weekly Newes from Italy, Germanie, Hungarie, Bohemia, the Palatinate, France, and the Low Countries. Translated out of the Low Dutch Copie. London : Printed by E. A. for Nicholas Bourne and Thomas Archer, and are to be sold at their shops at the Exchange, and in Pope's- head Pallace. 1622.
Nothing
THE WEEKLY NEWS. 49
The 18. of June. Weekely Newes from Italy, Germanie, Hungaria, Bohemia, the Palatinate, and the Low Countries, with a strange accident hapning about the City of Zitta, in Lusatia. Translated out of the High Dutch Copie. London : Printed by J. D. for Nathaniel Newbery and William Sheffard, and are to be sold in Popes-head Alley. 1622.
The 2. of September. Two great Battailes very lately fought. The one betweene Count Mansfield and Don Cordua, the Spanish General, &c. London: Printed by J. D. for Nicholas Bourne and Thomas Archer, and are to be sold at their Shops at the Exchange, and in Popes-head Pallace. 1622.
The 9. September. Covnt Mansfield's Proceedings since the last Battaile, &c. London: Printed by E. A. for Nicholas Bourne and Thomas Archer, and are to bee solde at their Shops, at the Royall Exchange and Popes-head Pallace. 1622.
The 25. of September. Newes from most parts of Christen- dome, &c. London : Printed for Nathaniel Butter, and Wil liam Sheffard. 1622.
The 27. of September. A Relation of Letters and other Advertisements of Newes, sent hither unto such as correspond with friends beyond the Sea. From Rome, Italy, Spaine, France, the Palatinate, and divers other places. London : Printed for Nathaniel Butter, and Thomas Archer. 1622.
The 4. of Octob. A True Relation of the affaires of Europe especially, France, Flanders, and the Palatine, &c. Lon don : Printed for Nathaniel Butter and Nicholas Bourne. 1622.
Passing on to the following year, 1623, we find the titles become somewhat more regular : —
May 12. Numb. 31. The Newes of this present week. London : Printed for Nathaniel Butter, Nicholas Bourne, and William Sheffard. 1623.
May 17. Numb. 32. The last News. N. Butter and W. Sheffard. 1623.
May 26, 1623. (Here we have the year given in the heading. ) Numb. 33. A Relation of Count Mansfield's last
VOL. I. E
50 THE FOCRTH ESTATE.
proceedings, &c. N. Butter, N. Bourne, and W. Sheffard. 1623.
May 30. Numb. 34. The Last News. N. Butter and T. Archer. 1623.
July 18. Numb. 40. The Weekly News continued. N. But ter and N. Bourne. 1623.
July 22. Numb. 41. More News. N. Butter and W. Sheffard. 1623.
Oct 2. Number 50. Our Last News, &c. E. Allde for N. Butter and Thos. Archer, 1623.
The imprints of the News-books immediately pre ceding the numbers of the Weekly News, and bound with them in Dr. Burney's collection, are :—
Newes out of Holland. London : Printed by T. S. for Nathaniel Newberry, and are to bee sold at his Shop under St. Peter's Church in Cornhill, and in Popes Head Alley, at the Sign of the Star. 1619.
Newes from Poland. &c. London : Imprinted for F. K. and B. B. and William Lee, and are to bee sold at bis Shop in Fleet Street, at the sign of the Golden Buck, neere Serjeant's Inne. 1621.
Newes from France (a great fire in Paris). Translated from the French, and sold at the Golden Lion in St. Paul's Ch. Yard. 1621.
This list of imprints may not be very sightly in the page of a modern book, but they are requisite in this place to give a fair idea of the varying title, and of the changes amongst the publishers, of the first Newspapers. It is probable that the legal responsi bility of issuing a weekly sheet of intelligence without the sanction of the censor may have had something to do with the alterations in the imprint as well as with the irregularities in the appearance of the publication itself. The contents of these primitive journals may
NEWSPAPERS IN 1622. 51
deserve a brief examination before we pass to the con sideration of more stirring and important facts.
Here are some specimens : —In " News out of Hol land, concerning Barneveldt and his fellow prisoners,
their conspiracy against their native country, with the enemies thereof &c, to which is adjoyned a Discourse wherein the Duke D'Espernons' revolt and pernicious designs " are truly displayed and reprehended by his
friends one of the "friends" of the Duke D'Espernons
who adopts the financial signature of L. S. D. reproves him for his rebellion after the following fashion. This passage will illustrate the slavish tone adopted by Butter —the price paid probably for impunity in prin ting News at all: — "You are not ignorant," says this anonymous counsellor with the pecuniary initials, " that Kings are the image of the living God, that their wills and commandments are laws to be specially observed, and that no man can dispense therewith, without being guilty of High Treason both divine and human. — Paris, 28 Mar. 1619. "
The Weekly News of October, 1622, gives us a paragraph of less dignified character —" Letters from Bologna," says the journalist, "assure us that among other prisoners there were taken certain unruly persons who, one riotous night, spoiled the image of our Lady,
and disrobed other saints ; but after great search they were found, and all likely to endure severe punishment. " Spoiling images and disrobing saints seem to have
been the substitutes in those days for the wringing of knockers, and stealing of door-plates of our time. Again, from the same publication: —" On a Tuesday in
September,
in the Piazzo of St Marke's in Venice, e2
52 THE FOURTH ESTATE.
there was a publication of the banishment of La Illus- trissimaSignoraBianca, sister to the illustrious Almeino Balli, for poysoning her husband, Illustrissimo Giron- imo Seranco, and whosoever could bring in her head, should have 2000 livres : her goods were publicly sold, her Vecchia bandited, and a servant of trust proscribed. "
Again—"In the open market-place of St. Marke's, one Antonio Stranariol did deadly wound in the head Giacomo Lanoradi, a musician of St. Marke's Church : for which he fled, and is not yet taken. " We find also in the same paper :—
A true relation of the cruel execution done in Ommelburg, a towne in the Bishopricke of Mentz, upon the persons of two ministers, or preachers of the Gospel, by the instigation of the Jesuits. 'Tis most manifestly known to all the world that hatred, ennuie, and dissension reigne mightily now-a-days: The sonne is against the father, and the sister against the brother, and in general we are so exasperated one against another, that if we could drowne one another in a spoone with water, we would not fetch a pail, as partly appeareth by this present example. Johannes Vander Veech, and Lambertus Liber, being two Protestant Preachers, and having disputed against certain priests at Krugsganck, the Jesuits caused them to be apprehended, and afterwards most cruelly to be executed within the towne of Ommelburg, the 30th of August, 1622, where the hangman with red hot pincers pulled the flesh from their bones, (so that a heart made of stone would have taken
compassion on them,) and put them to death with great mar- tyrization.
But they have suffered it patiently, as a sheep that
is brought to the slaughter-house. About three days after the same, one of the Jesuits who was called Pater or Father John, aged 96 yeeres, was taken about 12 o'clock from his table, and was never seen afterwards. Therefore let us pray unto God that he will not judge us according to our deserts, but grant us everlasting salvation.
THE WEEKLY NEWS, 1640. 53
A later number of the Weekly News for the same year contains — "A continuation of the Affairs of the Low Countries and the Palatinate," —detailing the siege of Bergen bySpinola, and his retreat ;—"where- unto is added a letter fromaperson of speciall note, with
the articles between Monsieur Tilly, General for the Emperor, and Colonel Mernin, Governor of the City of Heidelberg, about the delivery of the same ;" " and also "another letter from a person of credit at Paris. These letters from special correspondents became more gene ral as the publication progressed. In later numbers we find "Briefe Abstracts of News from Divers Letters of trust," arranged in a somewhat similar manner to the foreign news in a journal of the present day.
Like a true speculator, Butter seems to have been full of hope to the last. By the latest of his weekly
to be found in Dr. Burney's collection, we see that, as on many previous occasions, the Paper had been stopped for a month, and then re-appeared ; but, in this instance, with the following title-page and
address to the reader : —
The Continuation of the Forraine Occurrents for 5 weekes last past, containing many remarkable Passages of Germany, &c. Examined and licensed by a better and more impartiall hand than heretofore. London, printed January 11, 1640, for Nathaniel Butter, dwelling at St. Austin's Gate.
The Printer to the Reader : —
Courteous Reader : We had thought to have given over printing our foreign avisoes, for that the licenser (out of a par tial! 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
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.
