Note 517 — Chapter XXIX · LITERATURE, THE PRESS, ETC.

In 1704 the House of Commons took umbrage at some remarks which John Tutchin, the conductor of the Observator, had made on some mismanagement of public affairs (and they were undoubted libels), and cited him, the printer, and publisher before their Bar, to be brought in custody of the Serjeant-at-Arms. Tutchin gave bail for his appearance: and his trial came on on Nov. 4, 1704.[517] He got off somehow, and was never tried again. Earlier in life he had been tried at the Bloody Assizes, where he had the brutal Jeffreys for his judge, and he was sentenced 'to be imprisoned for Seven Years; that once every year he should be whipt through all the Market Towns in Dorsetshire; that he should pay a fine of one hundred marks to the King, and find security for his good behaviour during life.... Upon passing the Sentence, the Clerk of the Arraigns stood up, and said, My lord, there are a great many market towns in this County; the sentence reaches to a whipping about once a fortnight, and he is a very young man. Aye, says Jeffreys, he is a young man but an old rougue; and all the interest in England shall not reverse the sentence I have past upon him.' So poor Tutchin's heart died within him, and he petitioned the King that he 'will be mercifully pleased to grant him the favour of being hanged with those of his fellow prisoners, that are condemned to die.' But to no avail.