Index Expurgatorius Anglicanus / Or, a descriptive catalogue of the principal books printed or published in England, which have been suppressed, or burnt by the common hangman, or censured, or for which the authors, printers, or publishers have been prosecuted

by W. H. Hart

For this book, an indictment was preferred against Francis Smith, the publisher, at the Guildhall, London, on September 16, 1680, but it was thrown out by the grand jury. The best account of this book, and the prosecution thereupon, will be found in a tract published by Smith, at the time, and entitled, "An Account of the injurious proceedings of Sir George Jeffreys, Knight, late Recorder of London, against Francis Smith, Bookseller, with his arbitrary carriage towards the grand jury at Guildhall, Sept. 16, 1680, upon an indictment exhibited against the said Francis Smith, for publishing a pretended libel; entitled, 'An Act of Common Council.'"

The following is a copy of the indictment against Smith:—

London, ss. The Jurors for our Lord the King upon their oaths present that Francis Smith, late of London, Bookseller, being a man seditious and pernicious, plotting and intending the peace and common tranquillity of this kingdom to disturb, and discord, differences and ill will, amongst the citizens and inhabitants of the city of London, to stir up, provoke and procure; also the Mayor, Aldermen, and Sheriffs of the City of London, now in being, and the Mayor, Aldermen, and Sheriffs of the City of London, for the time past in great odium, contempt, and base accompt to bring; the same Francis Smith, the 17th day of August, in the reign of our Sovereign Lord Charles the Second, by the grace of God, of England, Scotland, France and Ireland, King, Defender of the Faith, &c. the two and thirtieth at London, viz. in the parish of St. Michael Cornhill in the ward of Cornhill London, aforesaid, with force and arms &c. unlawfully, wickedly, maliciously, scandalously, and seditiously printed, and caused to be printed, a certain malicious, scandalous, and seditious book, of and concerning the expences of the Lord Mayors, Aldermen, and Sheriffs of the City aforesaid, in their houses, in the time of their several offices; entituled An Act of Common Council of the City of London, (made in the first and second years of the reign of Philip and Mary) for retrenching of the expences of the Lord Mayor and Sheriffs &c. Published with additional Reasons for putting the said Act in present Execution, and now offered to the Consideration of all good Citizens by some Well-wishers of the present and future prosperity of the said City. Presented to my Lord Mayor, Aldermen, and Sheriffs. In which book by the said Francis Smith then so as aforesaid published, printed and caused to be printed, the same Francis Smith then and there, viz. the day and year before mentioned, at the parish and ward aforesaid, mischievously, unlawfully, wickedly, maliciously, scandalously, and seditiously printed, made known openly, and published, mischievously, malicious, scandalous, and seditious sentences, in these English words following, viz.:—

Reader,

As by this Act you may observe, that our Predecessors taking notice, that the extravagancies of Mayors and Sheriffs caused (as they say) almost all good citizens to flie and refuse the service; so to prevent that mischief in the future, they limited them in their living to the method directed by this Act. And if when little was spent besides the growth of our own Country, Beer and Ale being then their drink, they thought it their wisdom to set bounds to Luxurious Profuseness, there is much more reason for it now, when Debauchery is come to that height, that the fifth part of the charge of a Shrievalty is in Wine, the growth of another Country. And when Feasts, hardly heard of in former times, are risen to that Excess, as would be scandalous to mention, as those called the Chequer and Spittle Feasts; the first costing in Wine betwixt Seventy and Eighty Pounds; and the latter, after the pretended Service of God in hearing a Sermon, costs above Three Hundred Pounds to each Sheriff. And though much after this rate is the rest of the year spent, yet when the Example of this Act is urged for laying aside these sinful Feasts, and reducing the rest unto this Pattern, which is a wholsom Law; some who should see to the putting it in execution, will not hear of it; and possibly, because they would have others be as profuse as themselves have been, though there are these Reasons for a Reformation herein.

And these mischievous, malicious, and seditious sentences, in these English words following, viz.:—

Because nothing can tend more to the Advancement of any City or Country than the having wise and good Magistrates; and that so long as the great expence of Shrievalties continue, the City must (as this Act suggests) have an Eye to Wealth, more than Parts or Vertue, in the choice of their Sheriffs; and that such as their Sheriffs are, such will the Court of Aldermen be: and therefore as necessary for the good Government of this great City, the charge of Shrievalties ought to be reduced to such an Order and Method, as may be an Encouragement to Men of more Honesty than Riches to serve the Place.

And these mischievous, malicious, scandalous, and seditious sentences, in these English words following, viz.

No man hath reason to be expensive in his Shrievalty; because though the Court of Aldermen hath a rule for supplying, as any die their vacant places out of those that have served Sheriffs, yet they make their Election to depend upon the uncertain humour of their Court, thereby frustrating when they please all Compensation for the Expence and Drudgery of a Shrievalty, as lately appeared in their Choice of Sir Simon Lewis, one of their present Sheriffs, rejecting Sir Thomas Stamp, who had served the Place several years before with good approbation, and was presented to them by the Ward he lives in as a deserving Person. And whereas each Ward when they want an Alderman, do present two Commoners to the Court, for them to chuse one; the Ward of Bassishaw, to the end that Sir Thomas might unavoidably be chosen, joyned the younger (and not the elder) Sheriff with him, not thinking that an old Sheriff would be baulked, to chuse one that had not served his year; and yet notwithstanding, the Court by their Prerogative passed by Sir Thomas, to the disappointing of the Ward that sent him. And this Example is, I suppose a good reason for Sheriffs in the future not to spend more in their Shrievalties, than is necessary, when their Reward is so uncertain.