USA > New York > New York City > Old New York : a journal relating to the history and antiquities of New York City, Vol. I > Part 7
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On the 9th of Second month, 1689, Bradford was summoned before the Governor of Pennsylvania, who at that time was Captain John Blackwell. and questioned concerning his share in reprinting the Charter of Pennsylvania. The struggle had just begun between the people and the proprietary, in which Franklin won his first political laurels, and which did not end till the Revolution. Roads must be laid out, bridges erected and the poor supported. and it was only practicable to do these things by taxation. The proprietors sought to escape their just proportion of the burden. the popular party in Pennsylvania constantly'endeavoring to make them pay their share. As time rolled on. the disagreements became greater, and it was neces- sary to keep an agent in Great Britain to influence public opinion. In this year Joseph Growden, an eminent citizen, caused Bradford to print the charter, there being then some question at dispute between the Governor and the people. There was no imprint. but it was easy enough to see that the work must have been done at Bradford's office. He was accordingly brought be- fore Blackwell and the Council, and interrogated by them as to the printing. Profiting by the teaching, of Sowle, he refused to criminate himself. The examination ran thus :
Governor .- Why. sir. I would know by what power or author- ity you thus print ? Here is the charter printed.
Bradford .- It was by Governor Pen's encouragement I came to this Province, and by his license I print.
Goed non .- What, sir, had you licence to print the charter? I desire to know from you whether you did print the charter or not. and who set you to work !
Bradford .- Governor, it is an impracticable thing for any man to acense himself : thon knows it very well.
Governor .- Well. I shall not much press you to it, but if you were so ingenuous as to confess it should go the better with you. Bradford .- Governor, I desire to know my accusers ; I think it very hard to be put upon accusing myself.
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Notes on Printing in New York.
Governor .- Can you deny that you printed it? I do know you did print it. and by whose directions, and will prove it, and make vou sinart for it, too, since you are so stubborn.
John Hill .- I am informed that one hundred and sixty were printed yesterday, and that Jos. Growden saith he gave 20s. for his part towards the printing it.
Bradford .- It's nothing to me what "Jos. Growden saith." Let me know my accusers, and I shall know the better how to make my defence ; I do not desire to do anything that might give offence to any ; I have been here near four years, and never had so much sd. to me before by Governor, or any one else. Print- ing the laws was one of the chief things Governor Penn proposed to me before I came here, yet I have forborne the same, because I have not had particular order ; but if I had printed them, I do not know that I had done amiss.
Governor .- Truly, I question whether there hath been a Gov- ernor here before, or not, or them which understood what Gov- ernment was: which makes things as they now are.
Brudford .- That's strange ! I do think and believe that there hath been a Governor here. However, since thee came here, Governor. I never heard of anything to the contrary but that I might print such things as came to my hand. whereby to get my living : it is that by which I subsist: nor do I know of any im- printer appointed. When things are settled and ordered I hope I shall comply, so far as to endeavor to avoid giving offence to any.
Governor .- Sir. I am imprimetvr, and that you shall know. I will bind you in a bond of $500 that you shall print nothing but what I do allow of: or I shall lay you fast.
Bradford .- Governor, I have not hitherto known the pleasure herein, and therefore hope thou wilt judge the more favorably. if I have done anything that does not look well to some.
Governor .- If you would confess you might expect favor. but I see you are wilful : you should have come and askt my advice. and not have done anything that particular parties bring to you. Sir. I have particular order from Governor Penn for the sup- pres-ing of printing here. and narrowly to look after your press, and I will search your house. look after your press. and make you
Notes on Printing in New York. 75
give in £500 security to print nothing but what I allow, or I'll lay you fast.
John Hill .-- The charter is the groundwork of all our laws, and for you to print it at this time without order from Governor is a great misdemeanor.
Griffith Jones .- William, I doubt thou hearest and takes ad- vice of those who advise thee to that which will not be for thy good at last.
Bradford .- Governor, it is my imploy, my trade and calling, and that by wch I get iny living, to print ; and if I may not print such things as come to my hand which are innocent, I cannot live; I am not a person that takes such advice of one party or other, as Griffith Jones seems to suggest. If I print one thing to-day, and the contrary party bring me another to-morrow, to contradict it, I cannot say that I shall not print it. Printing is a manufacture of the nation, and therefore ought rather to be encouraged than suppressed.
Governor .- I know printing is a great benefit to a country if it be rightly managed, but otherwise as great a mischief. Sir, we are within the King's dominions, and the laws of England are in force here, and you know the laws, and they are against printing, and you shall print nothing without allowance; I'll make Mr. Growden bring forth the printer of this charter.
Bradford .- Since it hath been here said that the charter is the ground or foundation of all our laws and privileges, both of Gov- ernor and people, I would willingly ask one question, if I may without offence, and that is, whether the people ought not to know their privileges and the laws they are under ?
Griffith Jones .- There is a p'ticular office (MS. worn out), thou knows where the charter is kept, and those that want to know any- thing may liave recourse thither. It was a very ill thing for thee at this juncture to offer to print the charter.
Governor .-- It is a thing that ought not to be made public to all the world, and therefore is intrusted in a particular person's hand whom the people confide in.
Griffith Jones .- William, thou knows thy father suffered much in England for printing (though I do not say for doing anything against the law or meddling with government), and I would not have thee bring trouble on thyself.
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Notes on Printing in New York. .
Bradford .- If it were not for the people to see and know their privileges, why was the charter printed in England ?
Gorernor .- It was not printed in England.
Bradford .-- Governor, under favor, it was printed in England. Governor .- It was not. What, this charter ?
Bradford .- Yes, this charter, but that some alterations have been made since.
Griffith Jones .- By what order did you print it in England ?
Bradford .- By Governor Penn's.
Governor .- That was something; but you was not to print it of your own accord ?
Bradford .- Have I ?
Governor .- That I shall prove and make you know, sir.
Griffith Jones .- There is as much need of the alteration of the charter now as ever; and may be, if six parts of seven of the people be agreed, which is not impossible.
Governor .- There is that in this charter which overthrows all your laws and privileges. Governor Penn hath granted more power and privileges than he hath himself.
Bradford .- That is not my business to judge of or determine ; but if anything be laid to my charge, let me know my accusers. I am not bound to accuse myself.
Three months later, Bradford laid before the Monthly Meeting his desire to return to England. In the four years and a half that he had been here he had several times been called before the magistrates and admonislied. Penn did not desire a free press, nor did the leaders of the Friends in the colony. Bradford there- fore thought it well to return, and when on the 26th of Fifth month (July 26) he placed his request for a letter of dismission before the Society, they granted it and instructed Jolm Eakly and Anthony Morris to draw him up a certificate. They, however, were unwilling to let him go, for a printer is frequently a great convenience, and his return might be a reproach to the province and its inhabitants. Ile would undoubtedly be asked for his reasons, and these would reflect upon Pennsylvania. They accord- ingly agreed to grant him a yearly salary of £40, besides all the work they could throw in his way, and the Yearly Meeting which
Notes on Printing in New York. 77
convened on the 9th of Seventh month, 1691, covenanted that of all books printed with the advice of Friends the Quarterly Meeting should take at least two hundred copies. He therefore eoneluded to remain, although he had once before publiely declared that a return to England had been intended by him. This was in a letter of March 1, 1678. In it he says that it had been " spoken up and down eonecrning his going to England to live ; " and that he had intended to do so. But perceiving that Friends and people gen- erally were concerned thereat had eaused him "to decline his said intentions at present."
But an event was soon to happen which convineed hin that it was neither safe nor profitable to be at the mercy of any one pre- dominant seet. The principle of the inner light is an essential one of the Friends' doetrine. This action of the divine spirit is necessary for the guidanee of mankind. Obviously, therefore, he to whom it is given must not eoneeal it, when it concerns others. He has the test of its agreement with the Scriptures, but no other. These manifestations are granted to the weak and lowly, as well as the powerful ; and to the unlearned and ignorant, as well as to men of great intellects. George Keith, a Scotehman by birth, who was the Surveyor-General of New Jersey, had become a promi- nent speaker at the meetings of Friends, and there had denounced the magistrates for fitting out vessels upon which armed men were placed to put down piracy, as being against their ancient principles of non-resistance. The magistrates attempted to silenee him, but ineffectually, and the whole Society soon became divided into Keithian and anti-Keithian Friends. He was, said the predominant faction, of a turbulent and overbearing spirit, and gave them mueh trouble in the city meetings. He was condemned, but believed he would be sustained on an appeal to the General Meeting. He therefore wrote an address which was printed and generally eir- eulated. "This conduet," says Thomas. " was highly resented by his opponents. The address was denominated seditious, and Brad- ford was arrested and imprisoned for printing it. The Sheriff seized a form containing four quarto pages of the types of the address ; and also took into his custody a quantity of paper and a number of books which were in Bradford's shop, with all the copies of the address which he could find."
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Notes on Printing in New York.
It happened that those who were opposed to the teachings of Keith in the meetings, and who were the most numerous, were also those who were in possession of the civil power. They claimed that their action against the prisoners was on aeeount of the seditions nature of the pamphlet, and not for religions rea- sons. " George Keith," says Proud, "had published several viru- lent pieees, one of which indeeently reflected on several of the principal magistrates in their judicial eapaeity, whereby their authority with the lower elass of the people was lessened. The printer, William Bradford, and John MaeComb, who had pub- lished it, were apprehended by a warrant from five magistrates and examined, and upon their contemptuous behavior and refusal to give security, were committed." But Bradford, Keith, Budd, and the others maintained that the reasons were only spiritnal. That it was a religious quarrel was the view which prevailed among those who were not Quakers, and therefore capable of judging dispassionately.
Those who were arrested were Peter Boss, George Keith, Thomas Budd, William Bradford and John MaeComb. The war- rant for the two latter was dated August 24th, 1692, and was ini- mediately executed. On the 25th a private session of the county eourt was held, at which there were present six Quakers and two others. It is needless to remark that most of our knowledge of this matter is derived from Keith and his associates, and is no doubt somewhat eolored, but there can be very little reason for suspecting it is not substantially true. Keith deelares that the court met for the purpose of condemning them without a hear- ing, but that the two magistrates who were not Quakers repro- bated the measure, and refused to have any concern in it, say- ing that the whole transaction was a mere dispute among the Quakers coneerning their religion, in which the government had no eoneern. They, however, advised that Keith and the others be sent for and allowed to defend themselves. This was not eon- sented to, and the two magistrates in consequence left the eourt.
Bradford and MaeComb requested an early trial, saying that it was very injurions to themselves and families to remain in con- finement. Bradford declared that not only was his person re- strained, but " his working tools, and the paper and books from
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Notes on Printing in New York.
his shop were taken from him, and without them he could not. work and maintain his family." Justice Jenings inquires of him :
Does not thee know that there's a law that every printer shall put his nanie to the books he prints, or his press is forfeited ?
Bradford .- I know that there was such a law, and I know when it expired.
Justice Cook .- But it is revived again, and it is in force and without any regard to the matter of the book provides that the printer shall put his name to the books he prints, which thou hast not done.
The court refused to give him satisfaction for a speedy trial, and "for some reason known to them," which to us at this day appears to be nothing more than a desire to torment the prisoners, deferred it till the next session, which was in December.
How long Bradford was in close durance does not appear. Certain it is that he was not confined as closely as Zenger was afterwards held in the New York jail. for when the Provincial Council met on the 21st of September, four weeks after he was arrested, he was sent for to appear before them. The Minutes say : "This Board intending to caution the printers con- cerning the orders of yesterday's sitting did send for William Bradford and his servant. But the Sheriff returned Answer That the sd. Bradford is gone out of Town to stay for a week. And his man is gone to William Salway's plantacon, as his Mr. informed the Sheriff." MacComb, who was arrested at the same time, was favored in a similar way. The jailer was so obliging as to let him go home for an hour or two sometimes in the evening after it was dark. After Bradford was seized, his shop was searched, and his papers and his printing letters, to the value of ten pounds sterling, were taken away. All the material was not seized, for the Appeal, for printing which he was arrested, was reprinted shortly after, with a postscript." On the 6th of December of that year he was placed at the bar, and the presentment was read, which averred that the ninth, tenth, eleventh and twelfth articles of the
* The Appeal runs thus : " An appeal from the Twenty Eight Judges to the Spirit of Truth & true Judgment In all Faithful Friends, ealled Quakers, that meet at this Yearly Meeting at Burlington, the 7th month, 1692." Pp. 8. At the Brinley sale this pamphlet was sold for seventy-seven dollars.
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Notes on Printing in New York.
pamphlet had a tendency to weaken the hands of the magistrates. William Bradford was presented as the printer of that seditious paper.
At the beginning of the trial the clerk asked him if he pleaded guilty or not guilty, but he previously desired to know whether he was elear of the mittimus, which differed from the present- ment. After consultation, he was told that on the issue of the presentment he would be elear of the other. He then asked what the presentinent was founded on, and desired to see a copy of it and to know the law upon which he was prosecuted. This was refused him, and he was asked if he had any exceptions to make against the jury. He named two of the persons on the panel whom he claimed had prejudged the ease. One of the jurors acknowledged that he had spoken the words charged against him, and desired to be exeused, but the Court refused. Then the great point in the trial came. The prosecuting attorney inquired :
Attorney .- Hast thou at any time heard them say that thou printed that paper ? for that is only what they are to find.
Bradford .- That is not only what they are to find. They are to find also whether this be a seditious paper or not, and whether it does tend to the weakening of the hands of the magis- trates.
Attorney .- No, that is matter of law, which the jury is not to meddle with, but find whether Williamt Bradford printed it or not, and the bench is to judge whether it be a seditious paper or not, for the law has determined what is a breach of the peace, and the penalty, which the beneh only is to give judgment on.
Justice Jenings .- You are only to try whether William Brad- ford printed it or not.
Bradford .- This is wrong, for the jury are judges in law as well as the matter of faet.
The attorney again denied it, whereupon some of the jury desired to know what they were to try, for they did believe in their eonsciences they were obliged to try and find whether that paper was seditious, as well as whether Bradford printed it, and some of them desired to be discharged.
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Notes on Printing in New York.
A great noise and confusion among the people.
Some on the bench showing their willingness to allow of Brad- ford's exceptions to the two jurors, Justice Cook said, " I will not allow of it ; is there four of us of a mind ?" Then the attorney read the ninth, tenth, eleventh and twelfth articles of the said printed appeal, etc., and commented thereupon, and then said, William Bradford is presented for printing and publishing this seditions paper, whereof you of the jury are to find him guilty, if it appears to you that he has printed it.
Bradford .- I desire you of the jury and all men present to take notice, that what is contained in this paper is not seditious, but wholly relating to a religious difference, and asserting the Quakers' ancient principles, and it is not laid down positive that they ought not to have proceeded against the privateers, but laid down by the way of query for the people called Quakers to con- sider and resolve at their yearly meeting whether it was not a transgression of the Quakers' principles to hire and commissionate men to fight ?
Justice Cook .- If it was intended for the Yearly Meeting at Burlington, why was it published before the meeting ?
Bradford .- Because it might be perused and considered of by Friends before the meeting, even as the bills that are proposed to be passed into laws, they are promulgated a certain number of days before the Assembly meets, that each may have opportunity to consider them.
Then the attorney read the act" against printing any book without the printer's name to them ; and he said that was one act which they prosecuted William Bradford upon.
George Keith answered the attorney :
"It may be observed the singular and extraordinary severity of those justices, called Quakers, who will pick out a statute made in Old England, and prosecute a man upon it here, which might ruin him and his family, though it's not certain whether that act be in force ; most of William Penn's and the Quakers' books were printed without the name of the printer when that act was in force, and ye
* An act of the British Parliament, passed in the fourteenth of Charles the Seeond.
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Notes on Printing in New York.
we never heard that any printer in England was proseeuted for that; these here because they cannot fix the matter to be any breach of the peace they'll proseeute the printer for not putting his name to what they suppose he printed."
The accounts say that while Bradford and the other persons were on trial the grand jury sat by them, overawing and threaten- ing them when they spoke boldly in their own defence, and one of the jury wrote down sueh words as they disliked, signifying that they would present them. The report further says :
After a long pleading, D. Lloyd, their attorney, began to sum- mons up the matter to the jury, and eoneluded by saying it was evident William Bradford printed the seditious paper, he being the printer in this place, and the frame [the form of type] on which it was printed was found in his house.
Bradford .- I desire the jury and all present to take notice that there ought to be two evidenees to prove the matter of fact, but not one evidenee has been brought in this ease.
Justice Jenings .-- The frame on which it was printed is evidenee enough.
Bradford .- But where is the frame ? There has no frame been produced here ; and if there had it is no evidence, unless you saw me print on it.
Justice Jenings .- The jury shall have the frame with them ; it cannot well be brought here ; and besides the season is eold, and we are not to sit here to endanger our health. You are minded to put trieks upon us.
Bradford .- You of the jury, and all here present, I desire you to take notiee that there has not one evidence been brought to prove that I printed the sheet ealled An Appeal; and whereas they say the frame is evidenee which the jury shall have ; I say, the jury ought not to hear, or have any evidence whatsoever, but in the presence of the judges and prisoners.
Yet this was nothing minded, but Sam [Justice] Jenings sum- moned up to the jury what they were to do, viz., to find, first, whether or not that paper, ealled the Appeal, had not a tendeney to the weakening the hands of the magistrates, andthe eneourage- ment of wiekedness ? Secondly, whether it did not tend to the
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Notes on Printing in New York.
disturbance of the peace ? And thirdly, whether William Brad- ford did not print it, without putting his name to it as the law requires? The jury had a room provided for them, and the Sheriff caused the frame to be carried in to them for an evidence that William Bradford printed the Appeal. The jury continued about forty-eight hours together, and could not agree; then they came into court to ask whether the law did require two evidences to find a man guilty ? To answer this question, the attorney read a passage out of a law book that they were to find it by evidences, or on their own knowledge, or otherwise ; now, says the attorney, this otherwise is the frame which you have, which is evidence sufficient.
Bradford .- The frame which they have is no evidence, for I have not seen it; and how do I or the jury know that that which was carried in to them is mine ?
Bradford was interrupted ; the jury were sent forth again, and an officer commanded to keep them without meat, drink, fire or tobacco. In the afternoon the jury came into the court again, and told they were not like to agree; whereupon the court discharged them.
Bradford then said to the court that seeing he had been detained so long a prisoner, and his utensils with which he should work had been so long kept from him, he hoped now to have his utensils returned, and to be discharged from his imprison- ment.
Justice Jenings .- No ! Thou shalt not have thy things again, nor be discharged ; but I now let thee know thou stand in the same capacity to answer next court as before.
Next court being come, Bradford attended, and desired to know if the court would let him have his utensils, and he be discharged ?
Justice Cook .- Thou shalt not have thy goods until released by law.
Bradford .- The law will not release them unless executed.
Justice Cook .- If thou wilt request a trial, thou may have it.
Whereupon Bradford queried whether it be according to law to seize men's goods, and imprison their persons, and to detain them under the terror of a jail, one six months after another, and not
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bring them to trial unless requested by the imprisoned ? Whether, when a jury is sworn well and truly to try, and true deliverance make between the proprietor and prisoner, it is not illegal to absolve them from their oaths, dismiss them, and put the cause to trial to another jury ?
It is probable that Bradford was then set at liberty, although the account does not say this in so many words explicitly. But that portion of his tools and material which was taken away in August was still held back. Part of this was in pi, or complete disorder. When, at the December session, the jury had the "frame," as the judge inaccurately called it, before them, tradition reports that its members attempted to get it in a more favorable position for examination than that in which they found it, lying on a letter board. One of the jurymen, assisting with his cane, pushed against the bottom of the form as the type was raised perpendicularly, " when, like magic, this evidence against Bradford instantly vauished. The types fell from the frame, or chase, as it is termed by printers," forming a confused heap, and preventing further investigation. The form had been dry from August till December, and no printer would have then attempted to lift it except after tightening, so great was the liability to accident.
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