they were afraid of confequences; and; therefore,

or, The Hiftory of Popery:" non ulterius imprimatur • vel publicetur per aliquam perfonam quamcumque.

"per Cur. And did cause the said Carr, and divers printers, and other persons, to be served with the fame; which faid rule, and other proceedings, were most apparently ⚫ contrary to all juftice, in condemning, not only what • had been written, without hearing the parties, but also all that might for the future be written on that fub'ject; a manifeft countenancing of popery, and discouragement of proteftants; an open invafion upon the right of the fubject, and an encroaching and affuming to themselves a legiflative power and authority (r).' There wanted not ground for this accufation. For Scroggs had given out warrants to one Stephens, a meffenger of the prefs, to feize all books unlicensed; together with the authors, printers, and publifhers of them.

of them.

As a curiosity, I will here tranfcribe one Whereas the kings majefty hath lately iffued out his proclamation for fuppreffing the printing and publishing unlicensed news-books, and pamphlets of news: notwithstanding which, there are divers perfons who do daily print and publish such unlicensed books and pamphlets. Thefe are therefore to will and require you, and in his majesty's name to charge and command you, and every of you, from time to time, and at all times, fo often as you fhall thereunto be required, to be aiding and affifting to Robert Stephens, messenger of the prefs, in the seizing all such

• books

therefore, iffued proclamations against

coffee

books and pamphlets as aforefaid, as he fhall be in• formed of, in any booksellers shop, or printers shop or • warehouses, or elsewhere whatsoever, to the end they may be difpofed of as to law shall appertain. • Likewise, if you fhall be informed of the authors, C printers, or publishers of fuch books and pamphlets, you are to apprehend them, and have them before me, or one of his majesty's justices of the peace, to be pro⚫ceeded against as to law fhall appertain. Dated this 28th day of May, Anno Dom. 1680.

• To Robert Stephens, Meffenger of the Prefs.'

What treatment this man gave to fuch as were had before him, on account of these kind of tranfgreffions; will beft appear from the report of the committee of the commons, appointed to examine the proceedings of the judges. In this report, we find, That the committee were informed, by Francis Smith, bookfeller, that he was brought before the chief juftice, by his warrant, and charged by the messenger, Robert Stephens, that he 6 had feen fome parcels of a pamphlet, called, "Obfervati"ons on Sir George Wakemans Tryal," in his fhop: upon

⚫ which

which the chief juftice told him, he would make him an example; use him like a bore in France; and pile him and all the bookfellers and printers up in prison, like faggots; and fo committed him to the kingsbench: fwearing and curfing at him in great fury.' And when he tendred three fufficient citizens of London for his bail, alledging imprisonment in his circum'ftances would be his utter ruin; the chief juftice replyed, the citizens looked like fufficient perfons, but he would take no bail: and fo he was forced to come out by Habeas Corpus, and was afterwards informed against for the fame matter, to his great ' charge and vexation.

.

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And a while after, Francis (the son of the said Francis Smith) was committed by the said chief juftice, and bail refused, for felling a pamphlet, called, "A New "Years Gift, for the faid Chief Juftice," to a coffeehoufe; and he declared to them, he would take no bail, for he would ruin them all. And further it ap'peared to the committee, that the faid chief juftice 'committed in like manner, Jane Curtis, the having a • husband and children, for felling a book, called,' “ A "Satyr against Injustice," which his lordship called a libel against him; and her friends tendring fuffici-~ ent bail, and defiring him to have mercy on her po< verty and condition; he fwore, by the name of God, ' she should go to prison, and he would fhew no more 6 mercy than they could expect from a wolf that came to devour them; and the might bring her Habeas Corpus, and come out fo: which she was forced to do; and after informed against and profecuted, to her utter ruin, four or five terms after.

In like manner it appeared to this committee, that, ' about that time alfo, Edward Berry (stationer, of Greys Inn) was committed, by the faid chief juifice, being accused of felling, the "Obfervations on Sir George "Wakemans Tryal;" and though he tendered Icool.

(5) Jour-him in all that time (s).' —

nal, 23 Dec.

bail; yet the chief juftice faid, he would take no bail; ⚫ he should go to prison, and come out according to law. C And after he, with much trouble and charge, got out by Habeas Corpus, he was forced by himself, or his attorney, to attend five terms before he could be difcharged, though no information was exhibited against Poffibly Scroggs was of 1680. Wolfey's mind; who publickly forewarned the clergy, • that if they did not destroy the prefs, the press would deftroy them.'. It is, indeed, a bitter enemy to tyranny of every kind *. - Mr. Johnfon, for writing Julian the Apoftate, in oppofition to the fucceffion of the Duke of York, was condemned, by the infamous Jefferies, in a fine of five hundred marks, and committed prifoner to the King's Bench till he should pay it, which was the fame as perpetual imprisonment, fince he was not able to raise that fum (†). —I will only just mention one fact more, and it shall be that of the immortal Algernon Sydney; who being obnoxious to the court, on account of his principles and his virtue, had his closet searched by a warrant fron Jenkins, secretary of state, and his papers carried away. Among these were found a manuscript of the admirable book of Government, which was given in as evidence on his trial, and made an inftrument of his destruction (u).-Such a hatred and dread had

(t) See his Life, prefixed to his Works.

(u) See his Tryal.

*It should be obferved, that the act for regulating printers and printingpreffes, though twice renewed, was now expired; and, confequently, all these proceedings were illegal.

coffee-houses (xxx), as they were deemed the

the monarch, and his minifters, of every thing which had a tendency to revive the spirit of liberty! But, thanks be to God! all their efforts were vain. Sydney's and Johnson's writings live: and will live, while there is any fuch thing as fenfe or virtue in the world.

(xxx) Proclamations were issued for suppressing coffeehouses.] At the Restoration, Charles was very popular; and his measures, how weak foever, were applauded. But Time began to open mens eyes; and they faw clearly enough into his defigns. This fet men on talking, and communicating their fears and apprehenfions. On this, the court was alarmed: and, one day, his majesty called the Chancellor [Hyde] to him, and complained very 'much of the licence that was affumed in the coffee'houses; which were the places where the boldest calumnies and fcandals were raised, and difcourfed amongst 'people who knew not each other, and came together only for that communication, and from thence were 'propagated over the kingdom and mentioned fome. ' particular rumours which had been lately difperfed from • the fountains, which, on his own behalf, he was enough 'displeased with; and asked him what was to be done in it. • The chancellor concurred with him in the fenfe of the • scandal, and the mischief that muft attend the impunity of such places, where the fouleft imputations were • laid upon the government, which were held lawful to ⚫ be reported and divulged to every body but to the ma'giftrates, who might examine and punish them; of ' which there having yet been no precedent, people ge'nerally believed that those houses had a charter of priT2 vilege

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