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 publishing the same, a prosecution was instituted against John Darby, bookseller, of the parish of St. Bartholomew the Great, London.

The information charges that the defendant being a pernicious and seditious man, and contriving and practising, and falsely, and maliciously, and wickedly and seditiously intending to disturb the peace of the king and the common tranquillity of this kingdom, and to weaken and bring into discredit and bad repute the laws and customs of this kingdom, and the ancient government and the common justice thereof, and to excite and procure discords and seditions between the king and his subjects, also to bring into discredit the trial and sentence of Lord William Russell, did, on the fourteenth day of August in the thirty-fifth year of the reign of King Charles the Second, at the parish of St. Bartholomew aforesaid, falsely, unlawfully, unjustly, wickedly, seditiously, maliciously, and scandalously, make, compose, and print and sell, utter, and publish a certain false, seditious, malicious, and scandalous libel intituled The speech of the late Lord Russell to the Sheriffs, together with the paper delivered by him to them at the place of execution, containing, among other things, these false, malicious, seditious and scandalous sentences, viz., I wish with all my soul all our unhappy Differences were removed, and that all sincere Protestants would so far consider the danger of Popery, as to lay aside their Heats, and agree against the Common Enemy; and that the Churchmen would be less severe, and the Dissenters less scrupulous; For I think Bitterness and Persecution are at all times bad, but much more now. For Popery, I look on it as an Idolatrous and Bloody Religion, and therefore thought myself bound, in my Station, to do all I could against it. And by that, I foresaw I should procure such great Enemies to myself, and so powerful ones, that I have been now for some time expecting the worst. And blessed be God, I saw by the Axe, and not by the Fiery Tryal, And in another part, these other false, seditious, scandalous and defamatory sentences, viz., I did believe and do still, that Popery is breaking in upon the Nation; and that those who advance it, will stop at nothing, to carry on their Design: I am heartily sorry that so many Protestants give their helping hand to it. And in another place are contained these other false, scandalous, seditious and defamatory sentences, following, I cannot but give some touch about the Bill of Exclusion, and shew the Reasons of my appearing in that Business; which in short is this: That I thought the Nation was in such danger of Popery, and that the Expectation of a Popish Successor (as I have said in Parliament) put the King's life likewise in such danger, that I saw no way so effectual to secure both as such a Bill. As to the limitations which were proposed, if they were sincerely offered, and had pass'd into a Law, the Duke then would have been excluded from the Power of a King, and the Government quite altered, and little more than the Name of a King left. So I could not see either Sin or Fault in the one, when all People were willing to admit of t'other; but thought it better to have a King with his Prerogative, and the Nation easy and safe under him, than a King without it, which must have bred perpetual jealousies, and a Continual Struggle. All this I say, only to justify myself, and not to inflame others; Though I cannot but think my Earnestness in that matter has had no small Influence in my present Sufferings. And in another place are contained these other false, scandalous, and seditious sentences following:—I pray God lay not this to the charge, neither of the King's Counsel, nor Judges, nor Sheriffs, nor Jury: And for the Witnesses, I pity them, and wish them well. I shall not reckon up the Particulars wherein they did me wrong: I had rather their own Consciences should do that, to which, and the Mercies of God I leave them. And in another place are contained these other false, malicious, scandalous and seditious sentences following:—From the Time of chusing Sheriffs, I concluded the Heat in that Matter would produce something of this kind; and I am not much surprised to find it fall upon me. And I wish what is done to me, may put a stop, and satiate some Peoples' Revenge, and that no more innocent Blood be shed, for I must, and do still look upon mine as such, since I know I was guilty of no Treason; and therefore I would not betray my Innocence by Flight.

On November 20th, 1683, Darby was tried, and found guilty, and on February 1, 1683/4 he was brought to the Court of King's Bench to receive judgment, which, he humbly submitting himself to the Court, and begging pardon, with a promise never to commit the like offence, the Court ordered to be, That he should pay 20 marks for a fine to the king, and find securities for good behaviour for twelve months, and that till this be paid and done, he should be committed to prison.[244]

293.

The Night Walker of Bloomsbury.

A single sheet in folio printed on both sides. A copy is preserved in the British Museum Library.

Langley Curtis, the bookseller, was prosecuted for publishing this sheet. The indictment charges that the defendant, contriving and intending to disturb the peace and common tranquillity of this kingdom, and to bring the king into the greatest hatred, contempt, and infamy with all his subjects; and to cause, incite, and procure divers differences and false rumours concerning the pretended ghost of Lord William Russell, lately attainted and executed for high treason, did, on the twelfth day of October in the thirty-fifth year of the reign of King Charles the Second, at the parish of St. Bride aforesaid, unlawfully, seditiously, and maliciously print and publish, and cause to be printed and published, a certain feigned, false, seditious, and scandalous libel of and concerning the pretended ghost aforesaid, intituled The Night Walker of Bloomsbury, containing these false, feigned, and scandalous sentences following, viz., Ralph: D'ye hear the newes. Will. What newes, &c., &c., to Caball of bigotted Papists. And in another part as follows,—Will. In this Meremaid's attire, &c., &c., to quickly changed the colour of his ghostly habit.

Upon this indictment Curtis was tried on February 14, 1683/4, found guilty, and on April 21, 1684, sentenced to stand in and upon the Pillory in Bloomsbury Market between the hours of eleven and one o'clock, with a paper on his head denoting his offence in large letters, and at the same time the libel was to be burned by the Common Hangman. He was also sentenced to pay a fine of £500, to be committed to the Marshalsea until payment, and to find security for good behaviour during life.