Baxters Narrative of His Life and Times, Part 3 · Section 1 · Floating text 1 – Letter 2

Baxters Narrative of His Life and Times · Part 3 · Section 1 · Floating text 1 – Letter 2

p. 35The Subscription of all that have Toleration.

I A. B. do hereby profess and declare, without equivocation and deceit, That I believe Iesus Christ to be the only Governing Head of the Vniversal Church; and the Holy Canonical Scriptures to be the infallible, intire, and perfect Rule of Divine Faith, and Holy Living, supposing the Laws of Nature; and that I believe all the Articles of the Ancient Creeds, called the Apostle's and the Nicene; And that I will not knowingly oppose any Article of the said Holy Canonical Scriptures, or Creeds; nor of the Creed called Athanasius's: Nor will I publickly, seditiously, or unpeaceably deprave, or cry down the Doctrines, Government, and Worship Established by the Laws.]

This doth exclude the Essentials of Popery, and yet is such as all sober, peaceable Persons that need a Toleration, may submit to.

§ 79. It hath oft times grieved me in former times, to hear how unskilfully some Parliament-Men went about to exclude the Papists, when they were contriving how to take off the Test and Force of the Law, compelling all to the Sacrament. Some must have a Subscription that must name Purgatory and Images, and praying to Saints, and Iustification by Works, and other Points, which they could neither rightly enumerate nor state, to fit them for such a use as this; but would have made all their work ridiculous, not knowing the Essentials of Popery, which are only to make up such a general Test for their Exclusion.

§ 80. But I suppose the Reader will more feelingly think, when he findeth upon what terms we strive (and all in vain) for a little liberty to preach Christ's Gospel, even upon the hardest Terms that will but consist with a good Conscience, and the safety of our own Souls; he will think, I say, what a case such Ministers and such Churches now are in? And how strange (or rather sad than strange) is it, That p. 36Christian Bishops, that call themselves the Pastors and Fathers of the Church, should put us on such Terms as these, when Acts 28. ult. Paul preached in his own House, to as many as came to him, none forbidding him, even under Heathens, &c. And if the Reader be so happy, as to live in Days of the Churches Peace, and Liberty, and Reformation, he will be apt to censure us for yielding to such hard Terms as here we do: Who if he had been in the time and place with us, and see… that we could have the Gospel upon no other Terms, he would pity rather than censure the Churches and us.

§ 81. Nay, how joyfully would (I believe 1400 of) the Nonconformable Ministers of England (at least) have yielded to these Terms, if they could have got them. But, alas! all this labour was in vain: For the active Prelates and Prelatists so far prevailed, that as soon as ever the Parliament met, without any delay, they took notice, That there was a rumour abroad of some Motions or Act to be offered, for Comprehension or Indulgence; and voted, That no Man should bring in such an Act into the House; and so they prevented all talk or motion of such a thing; and the Lord Keeper that had called us, and set us on work, himself turned that way, and talk'd after, as if he understood us not.

§ 82. In April, 1668. Dr. Creighton, Dean of Wells, the most famous, loquacious, ready-tongu'd Preacher of the Court, who was used to preach Calvin to Hell, and the Calvinists to the Gallows; and by his scornful revilings and jests, to set the Court on a Laughter, was suddenly, in the Pulpit, (without any sickness) surprized with Astonishment, worse than Dr. South, the Oxford-Orator, had been before him; and when he had repeated a Sentence over and over, and was so confounded, that he could go no further at all, he was fain, to all Men's wonder, to come down. And his case was more wonderful than almost any other Man's, being not only a fluent. extemporate Speaker, but one that was never known to want words, especially to express his Satyrical or bloody Thoughts.

§ 83. In Iuly Mr. Taverner, late Minister of Vxbridge, was sentenc'd to Newgate-Goal, for Teaching a few Children at Brainford; but paying his Fine prevented it: And Mr. Button of Brainford, (a most humble, worthy, godly Man, that never was in Orders, or a Preacher, but had been Canon of Christ's Church in Oxford, and Orator to the University) was sent to Goal, for Teaching two Knight's Sons in his House, having not taken the Oxford-Oath, by one Ross a Justice (a Scot, that was Library-Keeper at Westminster) and some other Iustices: And many of his Neighbours of Brainford were sent to the same Prison, for worshipping God, in private, together; where they all lay many Months (six as I remember.) And I name these, because they were my Neighbours; but many Countries had the like usage. Yea, Bishop Crofts, that had pretended great Moderation, sent Mr. Woodward, a worthy silenced Minister of Hereford-shire, to Goal for six Months. Some were imprisoned upon the Oxford-Act, and some on the Act against Conventicles.

§ 84. In September, Col. Phillips (a Courtier of the Bed-chamber, and my next Neighbour, who spake me fair) complained to the King of me for Preaching to great numbers: but the King put it by, and nothing was done, at that time.

§ 85. About this time Dr. Manton (being nearest the Court, and of great Name among the Presbyterians, and being heard by many of great Quality) was told by Sir Iohn …abor, That the King was much inclined to favour the Non-conformists, and that an Address now would be accepted, and that the Address must be a thankful Acknowledgment of the Clemency of his Majesty's Government, and the Liberty which we thereby enjoy, &c. Accordingly they drew up an Address of Thanksgiving, and I was invited to joyn in the presenting of it (but not in the Penning; for I had marr'd their Matter oft enough:) But I was both sick and unwilling, having been oft enough imployed in vain: But I told them only of my sickness. And so Dr. Manton, Dr. Bates, Dr. Iacombe, and Mr. Ennis, presented it: what acceptance it had with the King, and what he said to them, this Letter of Dr. Manton's will tell you. But the Copy of the Ackno…dgment I cannot give you, for I never saw it, nor sought to see it, that I remember, for I perceived what it aimed at.

Dr. Manton's Letter to me at Acton.

SIR,

I Was under restraint till now, and could not send you an account of our reception with the King. It was very gracious; He was pleased once and again to signifie, how acceptable our Address was, and how much he was persuaded of our Peaceableness; saying, that he had known us to be so ever since his return; promised us, that he would do his utmost to get us comprehended within the Publick Establishment, and would remove all Bars, for he could wish that there had been no Bounds nor Bars at all, but that all had been Sea, that we might have had liberty enough; but something must be done for publick Peace: However, we could not be ignorant, that this was a work of difficulty and time, to get it fully effected for our Assurance: And therefore we must wait till Businesses could be ripened. In the mean time he wish'd us to use our Liberty temperately, and not with such open Offence and Scandal to the Government: He said our Meetings were too numerous, and so (besides that they were against Law) gave occasion to many clamorous People to come with complaints to him, as if our design was wholly to undermine the Church; and to say, Sir, These are they that you protect against the Laws. He instanced in the folly of Farringdon's Preaching in the Play-House: We told him we all disliked the Action, and that he had been sorely rebuked for affronting the Government under which we live, with so much peace, (but I forgot to disclaim him:) He instanced in one more, (but with a Preface, that he had a great respect for the Person, and his Worth and Learning) who draweth in all the Countrey round about to him; this Person is Mr. Baxter of Acton; he instanced in him, because of a late Complaint from a Iustice of Peace, who had a mind to be nibling at him, b…t feared it would be with the offence of his Majesty; we imagine Ross to be the person. I replyed, That you went to the publick, did it in the interval, between Morning and Evening Service, beginning at Twelve. That the first Intendment was for the benefit of your own Family; that this great Company was not invited by you, but intruded upon you; that it was hard to exclude those, who in Charity might be supposed to come with a thirst after the means of Edification. I alledged the general necessity, and that Nonconformists were not all of a piece, and if people of unsober principles in Religion were permitted to preach, a necessity lay upon us, to take the like liberty, that those who have invincible scruples against the publick way, may not be left as a prey to those who might leave bad impressions upon them, which would neither be so safe for Religion, nor the publick peace. To which His Majesty reply'd, That the riffle raffie of the people were not of such Consideration, they being apt to run after every new Teacher; but people of Quality might be intreated to forbear to meet, or at least not in such multitudes, lest the publick Scandal taken thereby, might obstruct his Intentions and Designs for our good: He seemed to be well enough pleased, when I suggested that our Sobriety of Doctrine, and medling only with weighty things, and remembrance of Him in our prayers, with respect, preserved an esteem of his Person and Government in the Hearts of his people, and that possibly people of another humour might season them with worse Infusions: Then Arlington pluck'd him by the Coat, as desiring him to note it. Finally, I told him, That you would have waited upon him with us, if you had not been under the Confinement of a Disease: This is the Sum, express words I have not bound my self unto, only kept as near as I can remember: Since this our Address hath been considered by the Cabinet Council, and approved; the Business was debated, whether it should be made publick, most were for that Opinion, but the final result was, that we should be left at liberty to speak of it with such Restrictions as our Wisdom should suggest. We met him privately in my Lord Arlington's Lodgings. I am now in very great haste, I must abruptly take leave of you, with the profession that I am,

Sir, Your Faithful Brother and Servant. Covent-Garden, this Friday Morning.

Some other things, when they come to mind, I will acquaint you with.

p. 38§ 86. But the Minister that offered this acknowledgment did neither publish it, nor give out any Copies of it, I suppose lest they should be thought to be the Persons that were opening the Door to a Toleration which should take in the Papists: For ever since the King himself published a Declaration of his purpose to give such a Liberty as they also should have their part in, and by the Observation of all that passed before and since, by-standers made this Epitome of their Expections.

1. The Papists must have the Liberty of exercising their Religion.

2. The State must not be reproached by it; as intending Popery.

3. The Bishops must have no hand in it, lest they be taken to intend the same, which some of the People are already too apt to believe, especially since they refused Concord with the Ministers, and are for their silencing, and so great severities against them.

4. The Papists must not be seen in it themselves, till they can be sure to carry it, lest it stir up the Parliament and People against them.

5. Therefore it must be done by the Nonconformists.

6. The Presbyterians are four and will not.

7. The Independent Leaders are for the doing it, but they dare not say so, for fear of becoming odious with the Presbyterians, Parliament and People: (And they intend no good to the Papistsby it when they have done, but to strengthen themselves) Therefore they dare not appear in it till the Presbyterians join with them.

8. When the smart of the Presbyterians is greater, it may be their Stomachs will come down: Who knoweth whether Extremity may not force them, rather to desire a part in a common Liberty, than to see others have it while they lie in Goals

9. At least when they wait and beg for their own Liberty, that which is given to all others, will seem to be given chief…y in compassion to them that were the Sufferers; and their Necessities will make it said, that they were the Causes.

10. And when it is granted, it is easie to distinguish, &c. And the Presbyterians are the backwarder on these two accounts, 1. When they are known to be the most adverse to Popery, and to have made their Covenant, and opposed the Bishops, &c. on that account, and suspect the Bishops to design again such a Confederacy as Heylin defendeth and confesseth, and to have promoted their silencing to this end; after all this to force these Sufferers to take on them the task and odium of procuring the Papist's Liberty, while they that would have it, cry out against it, seeemeth to them so intolerable an Injury, that they cannot willingly submit to. 2. Because if they had a part in a common Toleration they believe it is very easie to turn them out of it quickly, and leave the Papists in, by some Oath which shall be digestible by a Papist, and not by them (such as, the Oxford Oath, or some others)

11. But either they are mistaken in some of these Conclusions, or else the Papists desire to have two Strings to their Bow. For Heylin (in Laud's Life) and Th…r…dike (in three late Books) do plainly tell the World, that one Business to be done is, to open the Door of the Church of England so wide, by reconciling means, that the Papists might be the easilier brought in to us, and may find nothing to hinder the moderate sort from coming to our Assemblies (by the Pope's consent) and so all notes of Distinction may so far cease. But one part of the Papists themselves are as high to the Bishops, as the Bishops to us; nothing …ut all will serve their turns: Whether they will have Wit enough to take less … the first, I hope yet the Wisdom of the Superiours will keep us from knowing by experience.

But after all this, we were as before, and the talk of Liberty did but occasion the writing many bitter Pamphlets against Toleration: And among others, they have gathered out of mine, and other Mens Books all that we had then said against Liberty for Popery, and for Quakers railing against the Ministers in the open Congregations, and this they applied now, as against a Toleration of our selves; because the bare name of Toleration did seem in the People's Ears to serve their turn, by signifying the same thing. And because we had said, that Men should not be tolerated to preach against. Jesus Christ and the Scriptures, they would thence justifie themselves for not tolerating us to preach for Jesus Christ, unless we would be deliberate Liars, and use all their Inventions. And p. 39those same Men, who when Commissioned with us, to make such Alterations in the Liturgy as were necessary to satisfie tender Consciences] did maintain that no alteration was necessary to satisfie them, and did moreover contrary to all our importunity, make so many new burdens of their own to be anew imposed on us, had now little to say, but that they must be obeyed, because they are imposed. Before the imposing Laws were made, they could by no means be kept from making them, that when they were made, they might plead Law against those that denied to use their Impositions. Before the Law was made, they pleaded the Ceremonies and Formalities will be all duties when their is a Law made for them, Ergo. a Law shall be made not only for them, but for swearing, unswearing, subscribing, declaring all things imposed to be so true, and so good, that we assent and consent to all: And when the Laws are made, then, O what Rebels are these that will not obey the Law! Then they cry out, If every Man shall be Judge what is Lawful, and shall prefer his own Wit above the Law, what is become of Order and Government: How inconsistent are-these Rebellious Principles with a Commonwealth, or any Rule or Peace.] As if they knew not, that the same words may be said for obedience to the Laws about Religion under Lutherans, Calvinists, Arrians, Papists, Turks, &c. And if Hobb's Leviathan be not set up a Magistrate, that must be Master of our Religion, what signifieth all this? Yet had this talk been more ingenuous by Men that had found all these Laws, and could not procure them to be amended: But for those Men that first resolutely procure them for these ends, to plead them afterwards in this manner, as the reason of all their Actions and violence, is like the Spider in the Fable, to make Webs with great Industry to catch the Flies, and hang them in their way, and then to accuse them of a mortal Crime for coming into their Webs: Or to make Nets to catch the Fish, and take them in it, and then accuse them for coming into their Nets. I speak not this of the Law-makers, but of the Prelatical Commissioners beforementioned, and their after Practices.

§ 88. About this time, or before, came out a Book called A friendly debate between a Conformist, and Nonconformist, written (as was doubted) by Dr. Simon Patrick, which made much talk; and a second part after that; and a third part, with an Appendix after that. He had before written a Book called the Pilgrim, which with many laudable things, had sharply pleaded that Obedience must enter the definition of Iustifying Faith; and had censured tartly those that taught otherwise: And by this he incurred as sharp a censure by many of the Nonconformists: Some thought that this exasperated him; others thought that without exasperation he followed his own Genius and Judgment. He was one of those then called a Latitudinar an, a sober, learned, able Man, that had written many things well, and was well enough esteemed. But this Book was so dis-ingenuous and virulent as caused most Religious People to abhor it for the strain and tendency, and probable Effects. It cannot be denied, but that many godly, zealous Ministers are guilty of weakness of Judgment and expression, and that many mistakes are found among them (for who is it that hath no Errors?) And it cannot be denied but that the greater number of the common People who are seriously Religious and Conscionable, are yet much weaker in Judgment and Language than the Ministers: (For if sudden Conversion and Repentance as soon as it hath changed a Man's mind, and will, and life, in the matters which his Salvation lieth on, did also possess him with all the exactness of Notions and Language which Academicks attain to in many years study, to what purpose were Academies, and those Studies? And then it would be as miraculous a work as the first gift of Tongues.) This Learned Man having met with the weak passages of some Ministers (especially Mr. Bridge, and some of the then Independent Party, who in an excessive opposition to the Arminians spake something unwarily, if not unsoundly under the pretence of extolling free Grace) he scrapes these together for matter of Reproach: And having heard the crude and unmeet Expressions of many well-meaning Women and unlearned private Men, especially that are inclined most to Self-conceitedness, and unwarrantable singularities and separation, he bundleth up these, and bringeth them all forth in a way of Dialogue between a Conformist and a Nonconformist, in which he maketh the Nonconformist speak as foolishly as he had a mind to represent him, and only such filly things as he knew he could easily shame. And while he pretendeth but to humble the Nonconformists for over-valuing themselves, and censuring others as ungodly and erroneous, and to shew them what errours and weaknesses are among themselves, p. 40he speaketh to the Nonconformists in general (though acknowledging some sober Persons to be among them) that which is nothing to the cause of Non-conformity; and laboureth to prove that the Religion of the Non-conformists is foolish, ridiculous, &c. As if he should have sought to prove the Religion of Christians, or Protestants foolish, because there are ignorant persons among them. And instan…ing in things that concern not Non-conformity, but Prayer, and Preaching, and Discourse of Religion, the Book did exceedingly fit the humours not only of the …aters of the Non-conformists, but also of all the prophane despisers and deriders of serious Godliness: So that it was greedily read by all that desired matter of Contempt and Scorn against both Non-conformity and Piety, and was greatly fitted to exasperate them to further Persecutions, and to harden them in impenitency, who had already made such doleful havock in the Church. It was as sit an Engine to destroy Christian Love on both sides, and to engage Men in those ways which still more destroy it, as any thing of long time hath been published. It is true, that in many things they were real weaknesses which he detected, and that he knew more himself than most of those whom he exposed to scorn: And it is true, that many of them by their censoriousness of the Conformists, did too much instigate such Men: But it is as true, that while Christ's Flock consisteth of weak ones in their Earthly State of Imperfection, and while his Church is an Hospital, and he the Physician of Souls, it ill becometh a Preacher of the Gospel to teach the Enemies of Christ and Holiness, to cast all the reproach of the Diseases upon the nature of Health, or on the Physician, or to expose Christ's Family to scorn for that weakness which he pittieth them for, and is about to cure; if he had first told us where we we might find a better sort of Men than these faulty Christians, or could prove them better who meddle with God, and Heaven, and Holiness, but formally and complimentally on the by, he had done something. And it is certain that nothing scarce hardened the faulty persons more in their Way and weaknesses, than his way of reprehending them. For my part I speak not out of partiality; for he was pleased to single me out for his Commendations, and to exempt me from the Accusations. But it made my Heart to grieve to perceive how the Devil only was the gainer, whilst Truth and Godliness was not only pretended by both parties, but really intended.

§ 89. Yea it would have grieved the heart of any sober Christian to observe how dangerously each party of the Extremes did tempt the other to impenitenitency and further Sin! Even when the Land was all on a Flame, and we were all in apparent danger of our ruin by our Sins and Enmities, the unhappy prelates began the Game, and cruelly cast out 1800 Ministers: and the people th…eupon esteeming them Wolves, and malignant prosecutors, fled from them …s the Sheep will do from Wolves, not considering, that notwithstanding their Personal Sin, they still (outwardly) professed the same Protestant Religion; and when any Prelatist told the Sectaries of their former Sin (Rebellions or Divisions) they heard it as the words of an Enemy, and were more hardened in it against Repentance than before, yea, were ready to take that for a Vertue which such Men reproached them for, when as before they had begun from Experience to repent: And on the other side, when the Prelatists saw what Crimes the Army-party of the Sectaries had before committed, which they aggravated from their own Interest, they noted also all the weaknesses of Judgment and Expression in Prayer, which they met with, not only in the weaker sort of Ministers, but of the very Women, and unlearned People also, and turned all this not only to the reproach of all the Sectaries, but (as their Passion, Interest, and Faction led them) of all the Non-conformists also, of whom the far greatest part were much more innocent than themselves.

§ 90. And so subtil is Satan in using his Instruments that by their wicked folly crying out maliciously for repentance, he hindered almost all open Confession and Profession of repentance, on both …ides. For these self Exalters did make their own interest and Opinions to pass with them for the sure Expositor of the Law of God and Man: And they that never truly understood the old Difference between the King and Parliament, did state the Crime according to their own shallow passionate conceits, and then in every book cryed out, Repent, Repent, Repent of all your Rebellions from first to last; you Presbyterians began the War, and brought the King's head to the … cut it off: And as they put in Lies among some truths, p. 41so the people thought they put in their Duties among their sins, when they called them to repent; And if a man had professed repentance for the one without the other, and had not mentioned all that they expected, and made his Confessions according to their prescripts, they would have cryed out, Traytors, Traytors, and have pressed every word to be the Proclamation of another War; So that all their calling for repentance was but an Ambuscade and Snare, and most effectually prohibited all open repentance, because it would have been Treason if it had not come up to their most unjust measures; And all men thought silence safer with such men, than Confession of fin: (And the sectaries were the more persuaded that their sin was no sin): And this occasioned the greater obduration of their Enemies, who cryed out, None of them all repenteth, and therefore they are ready to do the same again; And so they justifyed themselves in all the Silencings, Con…inings, Imprisonments, &c. Which they inflicted on them, and all the odious representations of them.

§ 91. But that great Lie that the Presbyterians in the English Parliament began the War, is such as doth as much tempt men that know it, to question all the History that ever was written in the World, as any thing that ever I heard spoken: Reader, I will tell it thee to thy admiration. When the War was first raised, there was but one Presbyterian known in all the Parliament; There was not one Presbyterian known among all the Lord Lieutenants whom the Parliament Committed the Militia to: There was not one Presbyterian known among all the General Officers of the Earl of Essex Army; nor one among all the English Colonels, Majors or Captains, that ever I could hear of (There were two or three swearing Scots, of whom Vrrey turned to the King: What their opinion was I know not, nor is it considerable). The truth is, Presbytery was not then known in England, except among a few studious Scholars, nor well by them. But it was the moderate Conformists and Episcopal Protestants, who had been long in Parliaments crying out of Innovations, Arminianism, Popery, but specially of Monopolies, illegal taxes, and the danger of Arbitrary Government, who now raised the War against the rest whom they took to be guilty of all these things: And a few Independents were among them, but no considerable Number. And yet these Conformists never cry out [Repent ye Episcopal Conformists; for it was you that began the War.] Much less [Repent ye Arminian, Grotian, innoveling prelates, who were reducing us so near Rome as Heylin in the Life of Laud describeth; for it was you that kindled the Fire, and that set your own party thus against you, and made them wish for an Episcopacy, doubly reformed 1 with better Bishops 2 with less secular power, and smaller Diocesses.]

§ 92. Some moderate worthy men did excellently well answer this Book of Dr. Patrick's; so as would have stated matters rightly; but the danger of the Times made them suppress them, and so they were never printed; But Mr. Rowles late Minister at Thistleworth printed an Answer, which sufficiently opened the faultiness of what he wrote against; but wanting the Masculine strength, and cautelousness which was necessary to deal with such an Adversary, he was quickly answered (by fastening on the weakest parts) with new reproach and triumph; And the Author was doubly exposed to suffering: For whereas he was so neer Conformity as that he had taken the Oxford Oath, and read some Common prayer, and therefore by connivance was permitted to preach in South-Work to an Hospital, where he had 40l. per Ann. and was now in expectation of Liberty at a better place in Bridewell, he was now deprived of that; And … had little relief from the Nonconformists, because he Conformed so far as he did.**He after Conformed. And having a numerous family was in great want.

§ 93. The next year came out a far more virulent book called, Ecclesiastical Policy, written by Sam. Parker a young Man of pregnant parts, who had been brought up among the Sectaries, and seeing some weaknesses among them, and being of an eager Spirit, was turned with the Times into the contrary extreme for which he giveth thanks to God; And judging of … called Puritans and Nonconformists by the people that he was bred amongst, and being now made Arch-Bishop Sheldon's houshold Chaplain, where such work was to be done, he writeth the most scornfully, and rashly, and prophanely, and cruelly, against the Nonconformists, of any man that ever yet assaulted them (that I have heard of:) And in a fluent fervent ingenious style of Natural Rhetorick, poureth out floods of Odious reproaches, and (with incautelous Extremities) saith as much to make them hated, and to stir up the Parliament to destroy them as he could well speak. And all this was to play the old game, at once to please the Devil, the Prelates and the prophane, and so to twist all three p. 42into one party; than which if prelacy be of God, a greater injury could not be done to it; being the surest tryed way to engage all the Religious, if not the Sober also of the Land against it.

§ 93. Soon after, Dr. Iohn Owen first tryed to have engaged me to answer it, by telling me and others that I was the fittest Man in England for that work (on what account I now enquire not). But I had above all men been oft enough searched in the malignant fire, and contended with them with so little thanks from the Independents (tho they could say little against it) that I resolved not to meddle with them any more, without a clearer call than this: And besides Patrick and that Party by excepting me from those whom they reproached (in respect of Doctrine, disposition and practice) made me the unfittest person to rise up against them: Which if I had done, they that applauded me before, would soon have made me seem as odious almost as the rest: For they had some at hand, that, in evil speaking, were such Masters of Language, that they never wanted Matter, nor Words, but could say what they listed as voluminously as they desired.

§ 94. Whereupon Dr. Owen answered it himself, selecting the most odious Doctrinal Assertions, (with some others) of Parker's book; and laid them so naked in the Judgment of all Readers that ever I met with, that they concluded Parker could never answer it: Especially because the Answer was delayed about a year. By which Dr. Owen's esteem was much advanced with the Nonconformists.

§ 95. But Parker contriv'd to have his Answer ready against the Sessions of the Parliament (in Octob. 1670.) And shortly after it came out: In which he doth with the most voluminous torrent of naturall and malicious Rhetorick speak over the same things which might have been Comprized in a few Sentences; viz. The Nonconformists, Calvinists, Presbyterians, Hugonots, are the most villanous unsufferable sort of sanctified Fools, Knaves; and unquiet Rebels that ever were in the World: With their naughty Godliness, and holy Hypocrisie and Villanies, making it necessary to fall upon their Teachers, and not to spare them; for the Conquering of the rest. But yet he putteth more Exceptions here of the Soberer, honest, peaceable sort (whom he loveth but pittyeth for the unhappiness of their Education) and in particular speaketh kindly of me) than he had done before. For when he had before persuaded men to fall upon the Ministers, and said [What are an hundred men to be valued, in Comparison of the safety of the whole.] When Dr. Owen and others commonly understood him as meaning that there was but a 100 Nonconformable Ministers (when 1800 were silenced) he found out this shift to abate both the Charge of malignant Cruelty, and Untruth, and saith that he meant that he hoped the seditious hot headed party that misled the people were but a few: Whereby he vindicated fifteen hundred Nonconformable Ministers against those Charges which he and others frequently lay on the Nonconformists (by that name.)

But the second part of the Matter of his book, was managed with more advantage; because of all the Men in England Dr. Owen was the Chief that had Headed the Independents in the Army with the greatest height, and Confidence, and Applause, and afterward had been the greater persuader of Fleetwood, Desborough and the rest of the Officers of the Army who were his Gathered Church, to Compel Rich. Cromwell to dissolve his Parliament; which being done, he fell with it, and the King was brought in: So that Parker had so many of his Parliament and Army Sermons to cite, in which he urgeth them to Justice, and prophesyeth of the ruine of the Western Kings, and telleth them that their work was to take down Civil and Ecclesiastical Tyranny, with such like, that the Dr. being neither able to repent (hitherto) or to justify all this must be silent, or only plead the Art of Oblivion: And so I fear his unfitness for this Work was a general injury to the Nonconformists.

§ 96. And here I think I ought to give Posterity notice, that by the Prelatist's malice, and unreasonable implacable Violence, Independency and Separation got greater advantages, against Presbytery, and all setled accidental extrinsick order and means of Concord, than ever it had in these Kingdoms since the World began. For powerful and Godly Preachers (though now most silenced) had in twenty years liberty brought such numbers to serious Godliness, that it was vain for the Devil or his Servants to hope that suffering could make the most forsake it. And to the Prelatists they would never turn, while they saw them for the sake of their own Wealth and Lordships, and a few Forms and Ceremonies, silence so many hundred worthy self-denying Ministers, that had been Instruments of their Good, and to become the Son of the prophane malignant Enmity to the far greatest part of the most serious Religious p. 43People in Three Kingdoms. And Presbyterians were forced to forbear all Exercise of their way: they durst not meet together (Synodically) unless in a Goal. They could not (ordinarily be the Pastors of Parish-Churches, no not for the private part of the Work, being driven five Miles from all their former Charges and Auditors, and from every City and Corporation: Which Law, while they durst not (for the most part of them) obey, they were fain to live privately, as still flying from a Goal, and to preach to none but those that sought to them, and thrust in upon them. So that their Congregations were, through necessity, just of Independent and Separating Shape, and outward Practice, though not upon the same Principles. And the common People (though pious) are so apt to be led by outward palpable Appearances, that they forgot both former Principles, and sad Effects and Practices (though such as one would think should never have been forgotten, at least by them who suffered all these Confusions and Calamities as the Fruits:) yea, more than so, 1. the Sense of our common Faultiness; 2. and the necessity of our present Concord; 3. and the harshness of grating upon suffering Persons; 4. and the reconciling nature of our common Sufferings; made us think it unseasonable and sinful (though after ten Years) to tell one another never so gently of our former Faults, or to touch upon our different Principles; but 'twas thought best to bury all in silence, whilst the Fruits of them spread more, and leavened a great part of the Religious People of the City, yea, of the Land.

§ 97. And it was a great Advantage to them, that their selected Members being tyed by Covenants, stuck close to them, and the Presbyterians Assemblies (unless they gathered Churches in their way) were but unknown or uncertain People for a great part: And so the only order seemed to be left in the gathered Churches.

§ 98. And another Advantage was, That being more than the rest against the Bishops, Liturgies, Ceremonies, and Parish-Communion, they agreed much better with the disposition and passions of most of the Religious suffering People. And those of us that were of another mind, and refused not Parish-Communion in some Places and Cases, were easily represented by them to the People, as luke-warm Temporizers, Men of too large Principles, who supt the Anti-christian Pottage, though we would not eat the Flesh. And a few such Words behind our backs, wrought more on the Minds of many, especially of the meaner and weaker sort of People, than many Volumes of Learned Argument: This weakness we cannot deny to their Accusers.

§ 99. But whoever be the Sect-Masters, it is notorious, That the Prelates (tho' not they only) are the Sect-makers, by driving the poor People by violence, and the viciousness of too many of their Instruments, into these alienations and extreams: (though I confess that Men's guilt, in the Days of Liberty of Conscience, must silence both Masters and Disciples from justifying themselves.) When I think of our Case, and think of Christ's way of using Parables, I am inclined to interpose a few.

§ 100. In the West-Indies, the Natives make Bread of a Root which is poison, 'till corrected, and then it is tolerable Bread: The Europeans had a Controversie with the Indians, and another among themselves: The Indians said, That their Roots were the better, because our Wheat consisted of so many small incoherent Grains, and was divisible even unto Atoms: To prove which, they did grind it to Flower on the Mill, and then triumphing cryed, see what Dust your Corn is come to! The Christians said, that their Wheat was better than the Indian's Roots, as being more agreeable to the Nature of Man; and that all those Atoms might be Cemented by a skilful hand, and fermented into a wholsom Mass, and baked into better Bread than theirs, On the other side, in a Place and Year where English Corn was scarce, some of the Christians did eat of the Indian Bread; but the rest maintained that it was unlawful, because the Root had poison in it; and therefore they would rather live without. The other answered them, That the Poison was easily separable from the rest, and a wholsome Bread made of it, though not so good as ours. The Contention increased, and the Refusers called the other Murderers, as persuading Men to eat Poison: And the other called them ignorant Self-Murderers, who would famish themselves and their Families. When the reviling and censure had continued a while, the Famine grew so hot, that one half of the Refusers dyed, and the rest by pinching hunger and dear-bought Experience, were first induced to p. 44try, and a…ter to feed on the Indian Bread, to the preservation of their Lives. But e'er long, the English Wheat prospered again; and then the Europeans fell into three Parties among themselves. One Party joyned with the Indians, and said the Indian Bread is best; for that saved our Lives when the English failed us: Therefore it shall be made Banishment or Imprisonment to sow or speak for the English (or European) Grain or Bread.

Another Party reviled those that drew their Fathers to eat Indian Bread, and said, shall we be befooled, and go against our Nature, and our common Senses, our Taste, our experience of Strength and Vivacity? Do we not see that the English is best? Therefore they were Traytors that drew our Fore-fathers to eat the others, and these are inhuman Tyrants that now compel Men to it.

But the third party said, The English Bread is best, which we never denyed; but the Indian Bread was a thousand fold better than none: we only used it when we could get no better; which was no changing of our Minds, but of our Practice. And we will do the like in the like case of necessity. Yea, though it grieveth us to be put to it by our own Countrey-men, we will rather eat now the Indian Bread, than be famished by Banishment, or in a Prison. How this Controversie will end, time will shew: But every side hath so learned Men, that it's never like to end by Disputing; for every one can shame his Adversary's Words. But either another Famine, or a plenty of European Bread, with liberty to use it, is like to end it, if it ever end.

§ 101. The like Controversie fell out in the Indies, whether Asses or Horses were to be preferred, as fittest for Man's use. The Indians said Asses, because it had been their Countreys use; and Horses were so unruly, that they would run away with the Rider, and cast their Burdens, to the danger of Men's Lives. The Europeans said, the Horses might be so used, as to be more tame, and so made far more useful than the Asses; and some little inconveniencies and perils must be endured for a greater good. At last, all the European Horses dyed; and then the English fell into Difference, whether it were lawful to ride on Asses: Some said no, and aggravated their baseness: Some said yea, when we can have no better. But when the Land was again stored with European Horses, the English fell into just such a Difference as before. Some would have all the English Horses kill'd, and those banished or imprisoned that would use them: And they said, Do we not see by long experience, that Coits cannot be tamed, nor made tractable, except to a few, that use to ride them? And all that never had skill to tame them, or that had ever catch'd a fall by them, were on this side. Others said, it was not lawful to use an Ass, but yet they would have none denyed liberty herein, save only that the Boys that see him, should have leave to hoot. The third sort preferred Horses, but yet would have every Man have liberty to use a Horse or an Ass as he pleased, and none to have liberty to hoot at them, or openly deride them on either side. The Matter came before the Judges. The first sort confessed, that Horses made a fairer shew, but that was their Hypocrisie; and that they went swiflier, but it was to the Rider's overthrow: And said, what need you more than all our Experience; when all we have been cast by them, to the hazard of our Lives: And we only are the King's best Subjects, and therefore by casting us you would depose the King, and whatever you pretend, you are Traytors, and this lyeth at the bottom. For no Subjects, no King; and if we must ride on Horses, we shall be no Subjects long. And …o have some use Horses and some Asses, will breed Factions and endless Divisions amongst us; and what a ridiculous Monster will it make the Kingdom? They that use Horses will still be deriding them that ride on Asses, &c. The other answered them 1. That the main cause of their misfortunes came from their own unskilful…ss, and disuse, who had not Patience to learn to ride, nor Humility to confess their unskilfulness. And that it were better for the Kingdom, that those that have more skill to …ame Col…s, and ride Horses, were suffered to furnish the King and Kingdom with that nobler Breed, than to dishonour it, and wrong so many, to serve the ignorance or slaggishness of some.

p. 45The first urged their Experience, and the latter urged their contrary Experience, till the Judge, being a wise Man, would have fain seen the Experience of the latter sort, and have permitted them to ride a while before them. But the other urged, [Will not all our past Experience warn you? Will you yet be guilty of those Men's Blood?] The Judge answered, It will be but the Rider's, and none of yours: Why pretend you to be more careful of their Lives, than they are of their own; even when you would have them Imprisoned or Banished? So it came to the Tryal; but the Accusers would needs choose the Horses; and they chose none for the Tryal but unbroken Colts. The other only desired, that either they might have time to break these Colts first, at their own peril, or else might be tryed with such as they themselves had broken. But the other cryed out, Do you not hear now, my Lord, the impudence and unreasonableness of these brazen-faced Villains, that will never be content? Did not we tell you, That nothing would satisfie them, if you granted their Desires. You have granted them a Tryal, and now if they may not have their own Terms, they are as unquiet as before: Are these Fellows fit to be suffered in a peaceable Common-wealth.

But the King himself interposed, as wiser than them all, and said, I will try them both on Colts and Horses: so it came to the open Tryal; and it so strangely happened, that all the tamed Horses were ridden in a blameless Order, and the Colts themselves cast not one of their Riders; but only some time kick'd, and bit at those that came too near them, and strove a little against the Bit.

This Experience had like to have carried it for Horses; for the Judge said, I see now it is but the Accusers fault, that they have sped worse. And the Defendents said, We confess, my Lord, that Colts are Colts, and must have labour, and also that some Horses are too hot mettled, and we are contented that you lay by those few, if they prove untameable; but not to banish all Horses, and their Riders for their sakes.

This Motion seemed reasonable to some, and I am persuaded it had prevailed, but for two unhappy Arguments at the last. 1. Said the Accusers, my Lord, you see that these Horses, even the best ridden of them all, are Factious: They make a difference between the King's Subjects; they will be ruled indeed, but it is only by these Fellows that are used to them; they would quickly cast VsUs off, if we should ride them: And then they say, it is our unskilfulness, when it is nothing but their seditious unruly humour. My Lord, We can name you as worthy Men, and skilful Riders, as any are in the World, that have been cast by Horses. And moreover, it appeareth, That Nature never made them for Man's use; for they have not their Gentleness as the Asses have by nature, but only by much force and use: And who knoweth not forced things will quickly return like an unstringed Bow, to their natural state, which here is nothing but unruly fierceness. And besides, when in all Ages, it must cost so much ado to tame them, with the hazard of Men's lives, Men will at last be weary of so much pains as well as we. 2. But if all this will not do, in a word, if you banish them not, you are not Caesar's Friend, for we can tell you of a Horse that once cast an Emperor, to the loss of his life, who was as good and as skilful a Rider, as any in the World. This last Word stopt the Defendent's Mouths. For though they whispered among themselves, 1. That the main fault was in the Riders, that should have better tamed that Horse for the Emperor. 2. And that a Man in white was seen to put Nettles under the Horses Tail, and continually to keep and prick in his side, and to beat him on. 3. That many thousand Irish-Men frighted him with Guns and Fire-balls, 'till he was not himself. 4. That it was an extraordinary fierce natur'd Horse. 5. The Accusers themselves were the unskilful Riders, who first spoiled them. 6. That it hath been revenged already by the Blood of many, who had the last Hand in spoiling the Horse. 7. That they abhor the Thoughts of the Action, as well as the Accusers; and are content, that as strict Laws be made as may be, for skilful Riders, and for a careful choice for the King's own Saddle] with more such like; yet this was so tender a Point, that very few of the Defendents durst speak out; and so—

p. 46And here also the defendents fell into differences among themselves; when the point of necessity, some that had pleaded most for Horses, would make use of Asses rather than none: And others for it, called them Turn-Coats, and the Servants of Tyranny. But how the Controversie is like to end, I told you before.

I have but one word to say, for expounding my Parable, that by Horses I do not mean Non-conformists, (unless as any of them fall under another Genus. It is serious, Religious Persons that I mean, who are scorned as Puritans, Zealots, and Precisians, because they set not as light by Heaven as others, and will go further in Religion than dead Formality, and Imagery.

§ 102. But I must return and say something of my own affairs: Whilst I lived at Acton, as long as the Act against Conventicles was in force, though I Preached to my Family, few came to hear me of the Town; partly because they thought it would endanger me, and partly for fear of suffering themselves, but especially because they were an ignorant poor People, and had no Appetite to such things. But when the Act was expired, there came so many that I wanted room; and when once they had come and heard, they afterward came constantly. Insomuch that in a little time there was a great number of them that seemed very seriously affected with the things they heard, and almost all the Town and Parish, besides abundance from Brainford, and the Neighbour Parishes came: And And I know not of three in the Parish that were Adversaries to us or our Endeavours, or wisht us Ill.

§ 103. Experience here convinced me that the Independent separating rigour is not the way to do the People good. After Dr. Featly, Mr. Nye, and Mr. Elford, two able Independents had been the setled Ministers at Acton; and when I was there, there remained but two Women in all the Town, and Parish, whom they had admitted to the Sacrament (whereof One was a Lady that by alienation from them turned Quaker, and was their great Patroness, and returned from them while I was there, and heard me with rest.) This rigour made the People think hardly of them; and I found that the uncharitable conceit, that the Parishes are worse than they are, doth tend to make them as bad as they are thought. I am sure there were many that spake to me like serious Christians, of the poorer sort, and few that were scandalous, and many I could comfortably have Communicated with. And when Threatnings increased, they continued still to hear with diligence, so that my Rooms would not contain them. And had I continued there longer, I should have hoped by those beginnings, that experience might convince Men, that Parish-Churches may consist of capable materials.

§ 104. The Parson of the Parish was Dr. Rive, Dean of Windsor, Dean of Wolverhampton, Parson of Haseley, and of Acton, Chaplain in ordinary to the King, &c. His Curate was a weak, dull young Man, that spent most of his time in Ale-houses, and read a few dry Sentences to the People, but once a day: But yet because he preached true Doctrine, and I had no better to hear, I constantly heard him when he preached, and went to the beginning of the Common Prayer; and my House faceing the Church-Door, within hearing of it, those that heard me before, went with me to the Church; scarce three that I know of in the Parish refusing, and when I preached after the publick Exercise, they went out of the Church into my House. It pleased the Dr. And Parson that I came to Church, and brought others with me: But he was not able to bear the fight of Peoples crowding into my House, though they heard him also; so that though he spake me fair, and we lived in seeming Love and Peace (while he was there) yet he could not long endure it. And when I had brought the People to Church to hear him, he would fall upon them with groundless Reproaches, as if he had done it purposely to drive them away, and yet thought that my preaching to them, because it was in a House, did all the mischief, though he never accused me of any thing that I spake. For I preached nothing but Christianity and Submission to our Superiours; Faith Repentance, Hope, Love, Humility, Self-denial, Meekness, Patience, and Obedience.

§ 105. But he was the more offended because I came not to the Sacrament with him. Though I communicated in the other parish-Churches at London, and elsewhere. I was loth to offend him by giving him the Reason; which was that he being commonly reputed a Swearer, a Curser a Railer, &c. in those p. 47tender times it would have been so great an offence to the Congregational Brethren, if I had Communicated with him (and perhaps have hastened their sufferings who durst not do the same) that I thought it would do more harm than good.

§ 106. The last year of my abode at Acton, I had the happiness of a Neighbour whom I cannot easily praise above his worth: Which was Sir Mat. Hale Lord chief Baron of the Exchequer, whom all the Judges and Lawyers of England admired for his skill in Law, and for his Justice, and Scholars honoured for his Learning, and I highly valued for his sincerity, mortification, self-denyal, humility, conscientiousness, and his close fidelity in friendship. When he came first to Town, I came not near him lest being a silenced and suspected person (with his Superiors) I should draw him also under suspicion, and do him wrong: Till I had notice round about of his desire of my Acquaintance; And I scarce ever conversed so profitably with any other person in my Life.**I have since written my knowledge of him.

§ 107. He was a Man of no quick utterance, but often hesitant; but spake with great reason. He was most precisely just; insomuch as I believe he would have lost all that he had in the World rather than do an unjust Act: Patient in hearing the tediousest speech which any Man had to make for himself! The pillar of Justice, the Refuge of the subject who feared Oppression, and one of the greatest Honours of his Majestie's Government: For with some more upright Judges, he upheld the honour of the English Nation, that it fell not into the reproach of Arbitrariness, Cruelty and utter Confusion. Every Man that had a just cause was almost past fear, if they could but bring it to the Court or Assize where he was Judge (for the other Judges seldom contradicted him.) He was the great Instrument for rebuilding London: For when an Act was made for deciding all Controversies that hindered it; it was he that was the constant Judge, who, for nothing followed the work, and by his Prudence and Justice removed a multitude of great Impediments. His great advantage for innocency was that he was no Lover of Riches or of Grandeur. His Garb was too plain; He studiously avoided all unnecessary familiarity with great persons, and all that manner of Living which signifyeth Wealth and Greatness. He kept no greater a family, than my self. I lived in a small house, which for a pleasant back-side he had a mind of: But caused a stranger (that he might not be suspected to be the Man) to know of me whether I were willing to part with it, before he would meddle with it; In that house he liveth contentedly, without any pomp, and without costly or troublesome retinue or visitors; but not without Charity to the poor: He continueth the study of Physicks and Mathematicks still as his great delight: He hath himself written four Volumes in Folio (three of which I have read) against Atheism, Sadduceism and Infidelity, to prove first the Deity and then the immortality of Man's Soul, and then the truth of Christianity and the holy Scripture, answering the Infidels Objections against Scripture; It is strong and masculine, only too tedious for impatient Readers: He saith, he wrote it only at vacant hours in his Circuits to regulate his meditations, finding that while he wrote down what he thought on, his thoughts were the easilyer kept close to work, and kept in a method, and he could after try his former thoughts, and make further use of them if they were good. But I could not yet persuade him to hear of publishing it.

The Conference which I had frequently with him, (mostly about the immortality of the Soul, and other Foundation points, and Philosophical) was so edifying, that his very Questions and Objections did help me to more light than other mens solutions. Those that take no Men for Religious who frequent not private Meetings, &c. took him for an Excellently righteous moral Man: But I that have heard and read his serious Expressions of the Concernments of Eternity, and seen his Love to all good Men, and the blamlessness of his Life, &c. thought better of his Piety than of mine own. When the People crowded in and out of my House to hear, he openly shewed me so great respect before them at the Door, and never spake a word against it, as was no small encouragement to the Common People to go on; though the other sort muttered that a Judge should seem so far to countenance that which they took to be against the Law. He was a great Lamenter of the Extremities of the Times; and the violence and foolishness of the predominant Clergy, and a great desirer of such abatements as might restore us all to serviceableness and Unity. He had got but a very small Estate (though he had long the greatest Practice;) because he would take but little Money, and undertake no more business th…n in he could well dispatch. He often offered to the Lord Chancellor to resign …, when he was blamed for doing that which he supposed was p. 48Justice. He had been the Learned Selden's intimate friend, and one of his Executors: And because the Hobbians and other Infidels would have persuaded the World that Selden was of their mind; I desired him to tell me truth therein: And he assured me that Selden was an earnest Professor of the Christian Faith, and so angry an Adversary to Hobbs that he hath rated him out of the Room.

§ 108. This year 1669 the Lord Mayor of London was Sir William Turner, a Man Conformable, and supposed to be for Prelacy; but in his Government, he never disturbed the Nonconformable Preachers, nor troubled men for their Religion; And he so much denyed his own gain, and sought the Common good and punished vice, and promoted the rebuilding of the City, that I never heard nor read of any Lord Mayor who was so much honoured and beloved of the City: Insomuch that at the End of his year, they chose him again and would have heard of no other, but that he absolutely refused it, partly as being an usual thing, and partly (as was said) because of a Message from his superiours: For the Bishops and Courtiers who took him for their own, were most displeased with him.

§ 109. The liberty which was taken by the Nonconformists in London, by reason of the plague, the fire, the connivance of the King, and the resolved quietness of the Lord Mayor, did set so many Preachers through the Land (as is said) on the same work, that in Likelyhood many thousand Souls are the better for it; And the predominant Prelates murmured and feared: For they had observed that when serious Godliness goeth up, they go down. So that they bestirred themselves diligently to save themselves and the Church of England from this dreaded danger.

§ 110. At this time our Parson Dean Rive got this following advantage against me (As I had it from his own mouth). At Wolverhampton in Staffordshire where he was Dean, were abundant of Papists, and Violent Formalists: Amongst whom was one Brasgirdle an Apthecary, who in Conference with Mr. Reignolds (an able Preacher there silenced and turned out) by his bitter words tempted him into so much indiscretion as to say that [the Nonconformists were not so contemptible for Number and Quality as he made them, that most of the people were of their mind, that Cromwel tho an Usurper had kept up England against the Dutch, &c. And that he marvelled that he would be so hot against private Meetings, when at Acton the Dean suffered them at the next door.] With this advantage Brasgirdle writeth all this greatly aggravated to the Dean. The Dean hastens away with it to the King as if it were the discovery of a Treason. Mr. Reignolds is questioned, but the Justices of the Country to whom it was referred, upon hearing of the business, found meer imprudence heightened to a Crime, and so released him: But before this could be done, the King exasperated by the name of Cromwell and other unadvised words, as the Dean told me, bid him go to the Bishop of London from him, and him so to the suppression of my Meeting (which was represented to him also as much greater than it was) whereupon two Justices were chosen for their turn to do it: One Ross, of Brainford, a Scot,, before-named, and one Phillips, a Steward of the A. Bishop of Canterbury.

§ 111 Hereupon Ross and Philips send a Warrant to the Constable to apprehend me and bring me before them to Brainford. When I came, they shut out all persons from the Room. and would not give leave for any one person. no not their own Clerk or Servant, or the Constable to hear a Word that was said between us. Then told me that I was convict of keeping Conventicles contrary to Law, and so they would tender me the Oxford Oath. I desired my Accusers might come Face to Face, and that I might see and speak with the Witnesses that testified that I kept Conventicles contrary to the Law; which I denied, as far as I understood Law; but they would not grant it. I pressed that I might speak in the hearing of some Witnesses, and not in secret; for I supposed that they were my Judges, and that their presence and business made the place a place of Judicature, where none should be excluded, or at least some should be admitted. But I could not prevail: Had I resolved on silence, they were resolved to proceed, and I thought a Christian should rather submit to violence, and give place to Injuries, than stand upon his right, when it will give others occasion to account him obstinate. I asked them whether I might freely speak for my self, and they said yea, but when I began to speak, still interrupted me, and put me by: Only they told me, that private Meetings had brought us to all our Wars, and it tended to raise new Wars, and Ross told me what he had suffered by the War, (who, it's said was but a poor Boy, and after a Schoolmaster) and Phillips having but one p. 49Leg, told me he had lost his Leg by the Wars; and I thought then there was no remedy, but Preachers must be silenced, and live in Goals. But with much importunity I got them once to hear me, while I told them why I took not my Meeting to be contrary to Law, and why the Oxford Act concerned me not, and they had no Power to put that Oath on me by the Act: But all the Answer I could get, was, That they were satisfied of what they did. And when, among other reasonings against their course, I told them I thought Christ's Ministers had in many Ages been Men esteemed, and used as we now are, and their Afflicters have insulted over them, the Providence of God hath still so ordered it, that the Names and Memory of their Silencers and Afflicters have been left to Posterity for a Reproach, insomuch that I wondered that they that fear not God, and care not for their own, or the People's Souls, should yet be so careless of their fame, when Honour seemeth so great a matter with them. To which Ross answered, that he desired no greater Honour to his Name, than that it should be remembred of him, that he did this against me, and such as I, which he was doing. Then they asked me whether I would take the Oath, I named a difficulty or two in it, and desired them to tell me the meaning of it. They told me, that they were not to expound it to me, but to know whether I would take it. I told them it must be taken with understanding, and I did not understand it. They said I must take it according to the proper sence of the Words. I asked them whether the proper sence of those Words [I will not at any time endeavour any alteration of Government in the Church] was not [of any time] universally as it's spoken; they said yea: I asked them, whether it were in the Power of the King and Parliament to make some alteration of Church-Government; Ross first said, that before it was settled it was—But better bethinking himself, said, Yea: I told him the King once gave me a Commission to endeavour an alteration of the Liturgy, and allowance to endeavour the alteration of Church-Government, as may be seen in His Majesty's Declaration about Ecclesiastical Affairs. If he should command me the like again, am I not sworn by this Oath, if I take it, to disobey him; yea, or if the Law-makers change the Law, &c. At this Ross only laught and derided me, as speaking a ridiculous supposition, and said, that could not be the Sence. I told him, that then he must confess the Error of his Rule, and that the Oath is not to be understood, according to the proper meaning and use of those Words. And I bad them take notice that I had not refused their Oath, but desired an explication of it, which they refused to give, (though I had reason enough to resolve me not to take it, however they that were not the makers of the Law, should have expounded it.) And so Phillips presently wrote my Mittimus, as followeth,

§ 112. To the Keeper of his Majesty's Goal commonly called the New-Prison in Clerkenwell.

Middlesex.

VVHereas it hath been proved unto us, upon Oath, that Richard Baxter, Clerk, hath taken upon him to Preach in an unlawful Assembly, Conventicle, or Meeting, under colour or pretence of Exercise of Religion, contrary to the Laws and Statutes of this Kingdom, at Acton, where he now liveth (in the said County) not having taken and subscribed the Oath by Act of Parliament, in that case appointed to be be taken. And whereas we having tender'd to him the Oath and Declaration appointed to be taken by such as shall offend against the said Act, which he hath refused to take, we therefore send you herewith the Body of the said Richard Baxter straitly charging and commanding you in his Majesty's Name to receive him the said Richard Baxter into his Majesty's said Prison, and him there safely to keep for six Months without Bail or Mainprize. And hereof you are not to fail at your Peril. Given at Brentford the Eleventh of June, in the one and twentieth year of the Reign of our Sovereign Lord Charles the Second.

J. Philips.

Tho. Ross.

p. 50§ 113. Here it is to be noted that the Act against Conventicles was long ago …; that I was never Convict of a Conventicle while that Law was in force. nor since: that the Oxford Act supposeth me Convict of a Conventicle; and doth not enable them to Convict me, without another Law: That really they had … but Ross's Man to witness that I preached, who crept in but the Lord's Day before, and heard me only preach on this Text. Mat. …5. Blessed are the meek, for they shall inherit the Earth] presseth especially Quietness and Patience towards our Governours, and denying all turbulent, unpeaceable, and seditious dispositions and practices.

§ 114. They would have given me leave to stay till Monday before I went to G…al, if I would promise them not to preach the next Lord's Day, which I denied to promise, and so went away the next Morning.

…115. This was made a heinous Crime against me at the Court, and also it was said by the—that it could not be out of Conscience that I preached, else why did not my Conscience put me on it so long before. Whereas I had ever preached to my own Family, and never once invited any one to hear me, nor forbad any: So that the difference was made by the people, and not by me. If they come more at last than at first, before they had ever heard me, that fignified no change in me. But thus must we be judged of, where we are absent, and our Adversaries present; and there are many to speak against us what they please, and we are banished from City and Corporations, and cannot speak for our selves.

§ 116. The whole Town of Acton were greatly exasperated against the Dean, when I was going to Prison; insomuch as ever since they abhor him as a selfish Perseentor: Nor could he devise to do more to hinder the success of his (seldom) Preaching there: But it was his own choice, Let them hate me, so they fear me: And so I finally left that Place, being grieved most that Satan had prevailed to stop the poor People in such hopeful beginnings of a common Reformation, and that I was to be deprived of the exceeding grateful Neighbourhood of the Lord Chief Baron Hale, who could scarce refrain Tears when he did but hear of the first Warrant for my appearance.

§ 117. I knew nothing all this while of the rise of my trouble; but I resolved to part in Peace on my part with the Dean, not doubting but it was his doing. And so I went to take my leave of him, who took on him to be sorry, and swore it was none of his doing, and to prove it, told me all the Story before mentioned; that such a Letter he received from Wolverhampton, and being treasonable, he was fain to acquaint the King with it: And when he saw my Meeting mentioned in the Letter, he examined him about them, and he could not deny but they were very numerous; and the King against his Will sent him to the Bishop of London to see it supprest. I told him that I came not now to expostulate or express any Offence, but to endeavour that we might part in Love. And that I had taken that way for his assistance, and his People's good, which was agreeable to my Judgment, and now he was trying that which was according to his Judgment; and which would prove the better the end will shew. He expostulated with me for not receiving the Sacrament with him, and offered me any Service of his which I desired, and I told him I desired nothing of him, but to do his People good, and to guide them faithfully, as might tend to their Salvation, and his own, and so we parted.

§ 118. As I went to Prison I called of Serjeant Fountain, my special Friend, to take his Advice (for I would not be so injurious to Judge Hale) And he perused my …ittimus, and in short advised me to seek for a Habeas Corpus, yet not in the usual Court (the King's-Bench) for reasons known to all that know the Judges, nor yet in the Exchequer, lest his Kindness to me should be an Injury to Judge Hale, and so to the Kingdom (and the Power of that Court therein is questioned) but at the Common-Pleas, which he said might grant it, though it be not usual.

§ 119. But my greatest doubt was whether the King would not take it ill, that I rather sought to the Law than unto him; or if I sought any release rather than continued in Prison. My Imprisonment was at present no great Suffering to me, for I had an honest Jaylor, who shewed me all the Kindness he could; I had a large room and the liberty of walking in a fair Garden; and my Wife was never so chearful a Companion to me as in Prison, and was very much against my seeking to be released, and she had brought so many Necessaries, that we kept p. 51House as contentedly and comfortably as at home, though in a narrower room, aad I had the sight of more of my Friends in a day, than I had at home in half a Year: And I knew that if I got out against their Will, my sufferings would be never the nearer to an end. But yet on the other side, 1. It was in the extreamest heat of Summer, when London was wont to have Epidemical diseases: And the hope of my dying in Prison I have reason to think was one great inducement to some of the Instruments, to move to what they did. 2. And my Chamber being over the Gate. which was knockt and opened with noise of Prisoners just under me almost every Night, I had little hope of sleeping but by day, which would have been likely to have quickly broken my strength, which was so little, as that I did but live. 3. And the number of Visiters by day, did put me out of hope of Studying, or doing any thing but entertain them. 4. And I had neither leave at any time to go out of Doors, much less to Church on the Lord's Days, nor on that Day to have any come to me, nor to Preach to any but my Family.

Upon all these Considerations, the advice of some was, that I should Petition the King, but to that I was averse, 1. Because I was indifferent almost whether I came out or not; and I was loth either to seem more afflicted or impatient than I was, or to beg for nothing. 2. I had avoided the Court, and the Converse of all great Men so many years on purpose, that I was loth to creep to them now for nothing. 3. And I expected but to be put upon some promise which I could not make, or to be rejected. 4. I had so many great Men at Court who had profest extraordinary Kindness to me, (tho' I was never beholden to one Man of them all for more than Words) that I knew if it were to be done, they would do it without my seeking. And my Counsellor, Serjeant Fountain, advised me not to seek to them, nor yet refuse their Favour if they offered it, but to be wholly passive as to the Court: but to seek my Freedom by Law, because of my great weakness, and the probability of future Peril to my Life. And this Counsel I followed.

§ 120. The Earl of Orery I heard, did earnesty and speedily speak to the King how much my Imprisonment was to his dis-service. The Earl of Manchester could do little, but by the Lord Arlington, who with the Duke of Buckingham seemed much concerned in it: But the Earl of Lauder dale, (who would have been forwardest had he known the King's mind to be otherwise) said nothing. And so all my great Friends did me not the least Service, but made a talk of it, with no Fruit at all. And the moderate honest Part of the Episcopal Clergy were much offended, and said, I was chosen out designedly to make them all odious to the People. But Sir Iohn Babor often visiting me, assured me, That he had spoken to the King about it, and (when all had done their best) he was not willing to be seen to relaxe the Law, and discourage Justices in executing it, &c. but he would not be offended if I sought my Remedy at Law (which most thought would come to nothing.)

§ 121. Whilst I was thus unresolved which way to take, Sir Iohn Babor desiring a Narrative of my Case, I gave him one, which he shewed the Lord Arlington; which I will here insert, and I will joyn with it two other Scripts, one which I gave as Reasons to prove, That the Act against Conventicles forbad not my Preaching: Another which I gave all my Counsellors when they were to plead my Cause about the Error of the Mittimus.

§ 122 The Narrative of my Case.

The Oath cannot be imposed on me by the Act.

First, Because I never kept any Conventicle or Unlawful Assembly proved.

1. By Conventicles and Unlawful Assemblies for Religious Exercises, the Laws do mean only the Meetings of Recusants, Separatists, or such as Communicate not with the Church of England, or such Assemblies as are held in opposition to the Church-Assemblies, and not such as are held only by the Conformable Members of the Church, in meer Subordination to the Church-Assemblies, to promote them. But all Meetings which I have held are only of this latter sort.

p. 52The former Proposition is thus proved.

1. The Canons give the Sense of the Word [Conventicles] (for it is a Church-Term, about Church-Matters.) But the Canons mention but two sorts of Conventicles, one of Presbyters, when they meet to make Orders or Canons for Church-Discipline; the other of People who meet under the Profession of being a Church distinct from the Church of England; (and neither of these is my Case.)

2. The Statute of the 35 of Eliz. expoundeth it accordingly; charging none of Unlawful Assembling, but such as Separate, or Communicate not with the Church.

3. There is no other Statute that saith otherwise.

4. The Rubrick and Law alloweth Conformable Ministers to keep many Religious Assemblies, which are not in the Church, being but Subordinate, as 1. At the Visitation of the Sick, where no numbers of Neighbours are prohibited to be present: Sermons at the Spittle, Sturbridge-Faire, &c.

2. At private Baptisms.

3. At private Communions, where any Family hath an impotent Person that cannot Communicate at Church.

4. At the Rogation Perambulations, where it was usual to Feast at Houses in their way, and there for the Minister to instruct the People, and to Pray, and sing Psalms.

5. The Laborious sort of Conformable Ministers, have many of them used to repent their Sermons to all that would Assemble at their Houses: Which Repeating was as truly Preaching, as if they had Preached the same Sermon in several Pulpits. Therefore all Meetings, besides Church-Meetings, are not Conventicles, nor those that are in Subordination to them.

5. Even the late Expired Act against Conventicles, forbiddeth no Religious Exercises, but such as are otherwise than the Liturgy or Practice of the Church; and distinguishing expresly between the Exercises and the Numbers, doth forbid no number, when the Exercises are not otherwise, as aforesaid, tolerating even unlawful Exercises to the number of Four, but not to more.

The Second Proposition [That my Meetings were never Unlawful Conventicles] is proved.

1. I do constantly joyn with the Church in Common Prayer, and go at the beginning. 2. I Communicate in the Lord's Supper with the Church of England. 3. I am no Nonconformist in the Sense of the Law, because I Conform as far as the Law requireth me (having been in no Ecclesiastical Promotion, May 1. 1662. the Law requireth me not to subscribe, declare, &c. till I take a Cure or Lecture, &c. 4. I sometimes repeat to the Hearers, the Sermon which I heard in the Church. 5. I exhort the People to Church-Communion, and urge them with sufficient Arguments, and Preach ordinarily against Separation, and Schism, and Sedition, and Disloyalty. 6. I have commanded my Servant to keep my Doors shut at the time of Publick Worship, that none may be in my House that while. 7. I go into the Church from my House, in the Peoples sight, that my Example, as well as my Doctrine, may persuade them. 8. In all this, I so far prevail, that the Neighbours who hear me, do commonly go to Church, even to the Common-Prayer; and I know not three, or two of all the Parish, that use to come to me, who refuse it; which success doth shew, what it is I do. 9. I have long offered the Pastor of the Parish (the Dean of Windsor) that if he would but tell me, that it is his Judgment, that I hinder his Success, or the People's Good, rather than help it, I will remove out of the Parish, which he never yet hath done. 10. I have the Now-Arch-Bishop's License (not reversed, nor disabled) to Preach in the Diocess of London, which I may do by Law if I had a Church. And I offered the Dean to give over my Meetings in my House, if he would permit me to Preach (without Hire) sometimes occasionally in his Church, which I am not disabled to do. By all this it appeareth, that any Meetings are not Unlawful Conventicles. 11. And riotous they are not, for my House being just before the Church Door, the same Persons go out of the Church into my House, and out of my House into the p. 53Church; so that if one be riotous, both must be so. And I perform no Exercise at all, contrary to the Doctrine or the Practice of the Church; but when the Curate readeth only in the Evening, and doth not Preach or Catechize, when he hath done one part, I do the other which he omitteth.

2. The Oath cannot be imposed on me, because I am none of the three sorts of Offenders there mentioned. The first sort in the Act are such as have not Subscribed, Declared, and Conformed, according to the Act of Uniformity, and other Acts, I am none of them, because the Laws require it not of me (being, as aforesaid, in no Church Promotion on May 1. 1662.) The second sort, are other Persons not Ordained according to the Order of the Church, but I am so Ordained. The third sort is School-Teachers, which is not my Case (though I have also a Lice…se to Teach School.) And that the two Descriptions of the Conventicles in the Preamble, are to be the Expositions of the following prohibitous Parts of the Act, is plain by the answerable distinction of them. And also, 1. Because the very Title and plain design of this Act, is only to restrain Nonconformists. 2. Because the express end and business of it, is to preserve People from Seditious and Poisonous Doctrine. But the Clergy which are not Nonconformists, are not to be supposed to be defamed, or suspected by the Laws, of Preaching poisonous seditious Doctrine nor can it be imagined, that they mean to drive them five Miles from all their Parishes in …ngland, if they should once be at a private Meeting, or put the 40l. Fine on them, if they preach one Sermon after such Meeting, to their Parishes, before they have taken the Oath, though no Man offer it them, which would follow if it extended to them. And I am exempted from the Suspicion of that Preaching.

1. By being chosen and Sworn His Majesty's Chaplain in ordinary, and Preaching before Him, and Publishing my Sermons by His Special Commands, and never since accused of ill Doctrine, but the sharpest Debates written against Nonconformists, do quarrel with them, for quarrelling with my Doctrine.

2. Some think the words [have kept] in the Act, refer to the time past before the Act; and then 'tis nothing to me.

3. Should I not have been Convict in my presence of some one unlawful Conventicle, and of not departing after five Miles from the place: for how should I be bound to forsake my Dwelling, as an Offender, before I knew of my Offence?

Lastly, I told the Justices, That I did not refuse the Oath, but professed, that I understood it not, and desired time to learn to understand it, if I could; which they denyed me; and would neither tell me who were my Accusers, or Witnesses, nor shew me the Words of the Accusation or Depositions, nor suffer any Person but us three (themselves and me) to be at all present, or to hear any thing that was said by them or me. And though I shall never take Oaths which I cannot possibly understand, nor in a Sense which is contrary to the plain importance of the Words, till they are so expounded, nor shall ever number deliberate Lying, or Perjury, with things indifferent; yet I so far defie any Accuser, who will question my Loyalty, that (as I have taken the Oaths of Supremacy and of Allegiance, and a special Oath of Fidelity, when I was Sworn (I know not why) as His Majesty's Servant, so) I am ready to give a much fulle… signification of my Loyalty than that Oath, if I had taken it, would be: And to own all that is said, for the Power of Kings, and of the Subject's Obedience and Non-resistance, by any (or all) the Councils and Confessions of any Christian Churches upon Earth, whether Greeks or Romans, Reformed, Episcopal, Presbyterian, or any that are fit to be owned as Christians (that ever came to my notice) besides what is contained in the Laws of our own Land. And if this will not serve, I shall patiently wait in my Appeal, to the Un-erring Universal Judgment.

§ 123. 2. [In other manner than is allowed by the Liturgy or Practice of the Church of England—At which Conventicle, Meeting, or Assembly, there should be Five Persons, or more, Assembled over and above those of the Houshold.

Pos. 1. To Preach or Teach in a House not Consecrated for a Temple, is not contrary to the Liturgy and Practice of the Church of England.

p. 54Arg. 1. That which the Scripture expresly alloweth, is not contrary to the Liturgy and Practice of the Church of England. But to Preach and Teach (even Multitudes) in Houses (and other places) not so Consecrated, the Scripture expresly alloweth: Ergo.—

The Major is proved, 1. Because the Book of Ordination requireth, that all that are Ordained, shall promise to [Instruct the People out of the Holy Scripture, being persuaded that they contain sufficiently all Doctrine required of Necessity to Salvation; and to teach no other: And with all Faithful Diligence to banish all Doctrines contrary to God's Word: And to use both publick and private Monitions and Exhortations, as well to the Sick as to the whole, as need shall require, and occasion shall be given.

2 The same Sufficiency of the Scripture is asserted in the 6th. Article of the Church. And Article 20. bindeth us to hold, That it is not lawful for the Church to ordain any thing contrary to God's written Word. So Art. 21. more.

3. The said Scriptures are appointed by the Rubrick to be read as the Word of God himself.

4. The Law of the Land declareth, That nothing shall be taken for Law which is contrary to the Word of God.

5. The First and Second Homily shew the sufficiency of it, and necessity to all Men.

The Minor is proved 1. from Acts 20. 20. 7, 8, & 28. last, & 8. 4, 25, 35. & 10. 34. & 12. 12. 2 Tim. 4. 1, 2. Mat. 5. 1, 2. Mark 2. 13. & 10. 1. Luke 5. 3. & 13. 26.

2. From those Texts which command Christ's Ministers to Preach, and not forbear: Therefore if they be forbidden to Preach in the Temples, they must do it elsewhere. Iohn 21. 15, 16, 17. 1 Cor. 9. 16. Acts 4. 18, 19, 20. 2 Tim. 4. 1, 2. Luke 9. 62.

3. From the Expository Practice of the Church in all Ages.

4. From the Expository Practice of the Universal Church of England, who Preached in Houses in the time of their late Restraint by Cromwel.

Arg. 2. The Church of England bindeth Ministers to Teach both publickly and privately, in their Ordination, as afore recited.

2. In the Liturgy for the Visitation and Communion of the Sick, it alloweth private Exhortation, Prayer, and Sacraments.

3. The 13 Canon requireth that the Lord's Day, and other Holy-Days, be spent in publick and private Prayers. And the very Canon 71. which most restraineth us from Preaching and Administring the Sacrament in private Houses, doth expresly except Times of necessity, when any is so impotent as he cannot go to Church, or dangerously sick, &c.

4. The instructing of our Families, and Praying with them, is not disallowed by the Church. And I my self have a Family, and Persons impotent therein (who cannot go to Church) to Teach.

Arg. 3. The 76 Can. condemneth every Minister, who voluntarily relinquisheth his Ministry, and liveth as a Lay-Man: Ergo, We must forbear no more of the Ministerial Work than is forbidden us.

Pos. 2. The number of Persons present above Four, cannot be meant by this Act, as that which maketh the Religious Exercise to be [in other manner than allowed by the Liturgy or Practise of the Church.]

Arg. 1. Because the manner of the Exercise, and the number of Persons are most expresly distinguished: And the restraint of the number is expresly affixed only to them who shall use such unallowed manner of Religious Exercises; not medling at all with others. The Words [at which Conventicle, &c.] do shew the Meeting to be p. 55before described by the manner of Exercise. Otherwise the Words would be worse than Non-sense.

2. Because if the Words be not so interpreted, then they must condemn all our Church Meetings for having above four. As if they had said [where Five are met, it is contrary to the Liturgy of the Church] which cannot be.

If it be said, That for above Four to meet in a House is not allowed by the Church.] I Answer;

1. That is a Matter which this Act meddleth not with, as is proved by the foresaid distinguishing the manner of Exercise, from the number of Persons.

2. Nor doth the Act speak of private Houses, or put any difference between them and Churches, but equally restraineth Meetings in Churches, which are for disallowed Exercises of Religion.

3. Nor is it true in it self, that the Church disalloweth the number of Five in private Houses, as is proved before. But it contrarily requireth, that at private Communions there shall be [Neighbours got to Communicate] and not fewer than three or two.] And at private Baptisms, and other occasions, the number is not limited by the Church at all.

3. Because the Act is directed only against seditious Sectaries, and their Conventicles.

4. Because the Words of the Act shew, that the Law-makers concur with the sence of the Church of England, which is no where so strict against Nonconformity as in the Canons: And in these Canons, viz. 73, and 11. A Conventicle is purposely and plainly descibed to be such [other Meetings, Assemblies or Congregations, than are by the Laws held and allowed, which challenge to themselves the Name of true and lawful Churches:] Or else secret Meetings of Priests or Ministers to consult [upon any matter, or course to be taken by them, or upon their motion or direction by any other, which may any way tend to the impeachment, or depriving of the Doctrine of the Church of England, or the book of Common-Prayer, or of any part of the Government and Discipline] of the Church. So that where there is no such Consultation of Ministers, nor no Assemblies that challenge to themselves the Name of true and Lawful Churches, distinct from the allowed Assemblies, there are no Conventicles in the sence of the Canons of the Church of England, which this Act professeth to adhere to.

The same Sence is exprest also in Can. 10. which describeth Schismaticks: [Whosoever shall affirm that such Ministers as refuse to subscribe to the Form and manner of God's Worship in the Church of England, prescribed in the Communion-Book, and their Adherents may truly take unto them the Name of another Church, not established by Law; and dare presume to publish, that this pretended Church hath long groaned under, &c.—

And in the 9th Canon, where the Authors of Schism are thus described; [Whosoever shall separate themselves from the Communion of Saints, as it is approved by the Apostle's Rules in the Church of England, and combine themselves together in a new Brotherhood, accounting the Christians who are conformable to the Doctrine, Government, Rites, and Ceremonies of the Church of England, to be prophane, and unmeet for them to join with in Christian Profession.—]

Pro. 3. If our manner of Religious Exercises did differ in some meer degrees or Circumstances from that which is allowed by the Liturgy, and Practice of the Church, it ought not no be taken to be the thing condemned in this Act.

Arg. 1. Otherwise the Justices themselves, and almost all his Majesty's Subjects, either are already obnoxious to the Mulcts, Imprisonments, and Banishments, or may be they know not how soon.

Arg. 2. And otherwise no Subject must dare to go to Church, for fear of incurring Imprisonment or Banishment.

The reason of both is visible. 1. Almost all conformable Ministers do either by some omissions of Prayers, or other parts of the Liturgy, or by some alterations, p. 56many times do that which is dissonant from the Liturgy, and practise, or Canons of the Church. I have seldom been present where somewhat was not contrary to them. 2, Because most conformable Ministers do now Preach without Licenses; which is contrary to the express Canons of the Church. 3. Because few of the King's Subjects, or none can tell when they go to Church, but they may hear one that hath no License, or that will do somewhat dissonant from the manner of the Church.

Pro. 4. Preaching without License bringeth me not within the Penalty of the Act.

Arg. 1. Because I have the Archbishop's License.

Arg. 2. Because a License is not necessary for Family Instruction.

Arg. 3. Because else most of the Conformists would be as much obnoxious, which is not so judged by the Bishops themselves.

§ 124. (3.) The Errors of the Mittimus, with the explication of the Oxford Act.

THis Act containeth, 1. The end and Occasion; that is, the preserving of Church and Kingdom, from the Danger of poisonous Principles.

II. The Description of the dangerous Persons. 1. in the Preamble: Where they are 1. Nonconformists, or such as have not subscribed and declared according to the Act of Uniformity, and other subsequent Acts. 2. They, or some of them, and other Persons not ordained, according to the Form of the Church of England, who have since the Act of Oblivion preached in Unlawful Assemblies, and have settled themselves in Corporations.

2. In the Body of the Act, where are two parts answering the two aforesaid in the Preamble. 1. The first Subject described is, Non-subscribers, and Non-declarers, according to the Act of Uniformity, &c. That is, Non-conformists; who also have not taken the Oath, (which is here prescribed as a preventing Remedy. 2. The second Subject is [All such Persons as shall Preach in unlawful Meetings, contrary to Laws, which must needs refer to the second branch of the Preamble, and mean only [such Nonconformists, and unordained Persons as shall so Preach;] the Word [shall] signifying that it must be after the passing of this Act.

III. The Offence prohibited is being, or coming after March 24. 1665. within five Miles of any Corporation, or of any place, where since the Act of Oblivion, they have been Parsons, Vicars, Lecturers, &c. Or have preached in an unlawful Assembly, contrary to the Laws, before they have in open Sessions taken the Oath. That is, who have done this since the Act of Oblivion before this Act (it being the purpose of this Act to put all those who shall again after this Act preach in Conventicles, in the same Case with them, who since the Act of Oblivion were Parsons, Vicars, &c. That is, that none of them shall come within five miles of any place where they were either Incumbents, or Conventiclers, before this Act since the act of Oblivion.

IV. The Penalty is, 1. 40l. for what is past, (which the after taking of the Oath will not save them from.) 2. And six months Imprisonment also for such of them as shall not Swear, and subscribe the Oath and Declaration offered them.

So that in this Act the Offence it self prohibited is Coming within five miles, &c. But the qualification of the subject offending, is absolutely necessary to it.

So that the Mittimus for an offence against this Act, must signifie, That N. N. having not subscribed and declared, according to the Acts of Uniformity, and other subsequent Acts; or being not ordained according to the Form of the Church of p. 57England, having since the Act of Oblivion preached in an unlawful Assembly: and also hath so preached since this Act; and hath not taken the Oath here required, is proved by Oath to us to have been, or come since Mar. 24. 1665. Within five Miles of a Corporation, or a place where he was an incumbent, or preached in a Conventicle, before this Act since the Act of Oblivion; and also hath refused before us to swear and subscribe the said Oath, &c.

Now in this Mittimus. 1. Here is no mention that R. B. hath not subscribed and declared already according to the Act of Uniformity; or is a Non-conformist; nor yet that he is not ordained according to the Form of the Church of England.

2. Nor is there any mention that he hath preached in an unlawful Assembly since the Act of Oblivion; much less, since this Act, (which must be said)

3. Nor that ever they had proof of his not taking the Oath before, or that ever he was Convict of Preaching before he took it.

4. The Offence it self is not here said to be proved by Oath at all, viz. Coming or being within five Miles, &c. But another thing, viz. his Preaching in an unlawful Meeting, is said to be proved by Oath, which this Act doth not enable them to take such proof of.

As for the Word in the Mittimus, [where he now dwelleth] it cannot be understood as a part of Deposition. 1. Because it is expressed but as the Justice's Assertion, and not so much as an [and] or Conjunction put before it to shew that they had Oath made of it, as well as of Preaching.

2. Because the Word [now dwelleth] must be taken strictly or laxly; if strictly, it referreth but to the time of the Writing of the Mittimus, which was two days after the Constable's Warrant; and no Accuser, Witness, or other Person was suffered to be present; and therefore it must needs be but the Justice's own Words, or Assertion, without proof. Or if [now dwelleth] be taken laxly for a distant time; then note, that here is not any mention of Proof that there was any just or considerable distance between his [Preaching] and his [dwelling here] but he might go away the next hour after his Preaching, notwithstanding any thing here mentioned. For any Man that Preacheth, is in the place where he Preacheth while he Preacheth; and if he go away the next hour, it must be considered in what time he can go five Miles. But if [now] be taken for the Witnesses Words, here is no intimation of the least distance. And none can imagine that the Law meaneth that the Preacher shall be five Miles off the next Minute, or Hour. And indeed, seeing no Man can tell how many hours must be allowed, it is plain that the Act meaneth that the Person must be first legally Convict of Preaching in an unlawful Assembly (and also of not having conformed or taken the Oath) before the Oath is made of his not removing five Miles.

3. This Act, not at all enabling the Justices to take Oath about the Conventicles; but only about [not coming within five Miles] and there being but one Deposition mentioned [where he now dwelleth] being a very part of that one Testimony, if it be not the Justice's own Words; it followeth that this Oath must be made before the Act against Conventicles was expired; because no other Act enableth them to take such an Oath: And then the [now dwelleth] will signifie long ago, without any notified distance from his Preaching.

4. If [where he now dwelleth] be part of the Deposition, then so must the following Words [not having taken and subscribed the Oath,) which Charity forbiddeth us to believe that they swore, seeing I was never accused of it, and it's not possible that they, or any Man living should know that I have not taken it heretofore.

5. Here is no Oath that Richard Baxter Preached in a Conventicle before this Act, which is to be proved as well as that he did it after.

The great difficulty in this Act is, whether the general Words [all such Persons as shall take on them to Preach] be not to be taken as expounded in the Preamble limited to Non-conformists, and the un-ordained, as aforesaid. And it's plain, that it's not to be extended to Conformists. 1. Because the Law doth not dishonour them so far as to suspect them of poisonous Principles. 2. Else what ruin would it make in the Church, when every Pastor must no more come within five Miles of his Charge (no not the dignified Clergy) if any Enemy shall secretly swear that they once preached in an unlawful Assembly. 3. All the Conformable Clergy, p. 58and their Council are of this mind: For none of them take this Oath at the Sessions; and therefore none of them think they are bound to take it. Note, it is to be taken unoffered; and that on the Penalty of 40l. if they come within five Miles of their Charge, though they were never so willing to take it after.

Objection 1. The Conformists need it not, because they keep no Conventicles.

Answ. 1. They are commanded many private Meetings, as private Visitations of the Sick, Baptisms, Communions, Perambulations in the Rogation-Week (when they use in Houses by the way to spend the time in Pious Instructions, Prayers, &c.) And many of them repeat their Sermons in their Houses, which is as much Preaching as any thing I have ever done.

2. And there are few publick Assemblies, where some-what is not done contrary to the Liturgy, by Omissions, &c.

3. And every Man hath some Enemy, who may Swear that these are unlawful Assemblies.

Obj. 2. The Conformists have already Subscribed.

Answ. 1. That proveth that this Act intendeth them not, (and therefore not me, who Conform as far as any Law requireth me.)

2. It is one thing to [say I am of Opinion] and another thing to [Swear that so it is.]

3. I may say that [the Covenant bindeth me not to endeavour any Alteration of Church-Government] easilier than Swear [That I will never at any time endeavour it] when we once already so far endeavoured it by Command, 1660. as His Majesty's Gracious Declaration about Eccles. Affairs expresseth; even while contrary Laws were in force.

§ 125. While I stayed in Prison, I saw some-what to blame my self for, and some-what to wonder at others for, and some-what to advise my Visitors about.

1. I blamed my Self that I was no more sensible of the Spiritual part of my Affliction, such as was the interruption of my Work, and the poor People from whom I was removed, and the advantage Satan had got against them, and the loss of my own publick Liberty, for worshipping in the Assemblies of his Servants.

2. I marvelled at some who suffered no more than I, (as Mr. Rutherford, when he was confined to Aberdeen) that their Sufferings occasioned them so great Joys as they express! which sure was from the Free Grace of God, to encourage others by their Examples, and not that their own Impatience made them need it much more than at other times. For surely so small a Suffering needeth not a quarter of the Patience, as many poor Nonconformable Ministers (and Thousands others) need, that are at liberty; whose own Houses, through Poverty, are made far worse to them, than my Prison was to me.

3. To my Visitors I found Reason, 1. To intreat my Acton-Neighbours, not to let their Passion against their Parson, on my account, hinder them from a due regard to his Doctrine, nor from any of the Duty which they owed him.

2. To blame some who aggravated my Sufferings, and to tell them, That I had no mind to fancy my self hurt before I felt it: I used at home to confine my self voluntarily almost as much: I had ten-fold more publick a Life here, and converse with my Friends, than I had at home: If I had been to take Lodgings at London for six Months, and had not known that this had been a Prison, and had knock'd at the Door and ask'd for Rooms, I should as soon have taken this which I was put into, as most in Town (save only for the Interruption of my sleep:) That it sheweth great weakness to magnifie a small Suffering, and much worse to magnifie our selves and our own Patience, for bearing so small a thing; (than which most poor Men in England bear more every Day.)

I found Cause to desire my Brethren, that when they suffered, they would remember that the design of Satan was more against their Souls than their Bodies: and that it was not the least of his hopes to destroy their Love, which w…s due to those by whom they suffered, and to dishonour Superiours, and by aggravating our Sufferings, to render them odious to the People: As also to make us take such a poor p. 59Suffering as this, for a sign of true Grace, instead of Faith, Hope, Love, Mortification, and a Heavenly Mind; and that the loss of one Grain of Love, was worse than a long Imprisonment: And that it much more concerned us, to be sure that we deserved not Suffering, than that we be delivered from it, and to see that we wronged not our Superiours, than that they wrong not us; seeing we are not near so much hurt by their Severities, as we are by our Sins. Some told me, that they hoped this would make me stand a little further from the Prelates and their Worship, than I had done. To whom I answered, That I wondred that they should think that a Prison should change my Judgment: I rather thought now it was my Duty to set a stricter watch upon my Passions, lest they should pervert my Judgment, and carry me into Extreams, in opposition to my Afflictors. (And not past a Year and half after, two Gentlemen turned Quakers in Prison.) If Passion made me lose my Love, or my Religion, the loss would be my own. And Truth did not change, because I was in a Goal. The temper of my Visitors called me much to this kind of talk.

§ 126. When I was in Prison, the Lord Chief Baron, at the Table at Serjeant's Inn, before the rest of the Judges, gave such a Character of me openly, without fear of any Man's displeasure, as is not fit for me to own, or recite, who was so much reverenced by the rest (who were every one Strangers to me, save by hear-say) that I believe it much settled their Resolutions. The Lord Chief Justice Vaughan was no Friend to Nonconformity, or Puritans, but he had been one of Selden's Executors, and so Judge Hale's old Acquaintance: Judge Tyrell was a well-affected sober Man, and Serjeant Fountain's Brother-in-Law by Marriage, and sometime his Fellow-Commissioner for keeping the Great Seal and Chancery: Judge Archer was one that privately favoured Religious People: And Judge Wild, though greatly for the Prelates way, yet (was noted for) a Righteous Man. And these were the Four Judges of the Court.

§ 127. My Habeas Corpus being demanded at the Common Pleas, was granted, and a Day appointed for my Appearance: But when I came, the Judges, I believe, having not before studied the Oxford-Act, when Judge Wild had first said [I hope you will not use to trouble this Court with such Causes,] asked whether the King's Council had been acquainted with the Case, and seen the Order of the Court: which being denied, I was remanded back to Prison, and a new Day set: They suffered me not to stand at the Bar; but called me up on the Table (which was an unusual respect;) and they sent me not to the Fleet, as is usual, but to the same Prison, which was a greater favour.

§ 128. When I came next, the Lord Chief Justice coming towards Westminster Hall, went into White-Hall by the way, which caused much talk among the People. When he came, Judge Wild began, and having shewed that he was no Friend to Conventicles, opened the Act, a…d then opened many defaults in the Mittimus, for which he pronounced it invalid; but in Civility to the Justices said, that the Act was so Penned, that it was a very hard thing to draw up a Mittimus by it (which was no Compliment to the Parliament.) Judge Archer next spake largely against the Mittimus, without any word of disparagement to the main Cause: And so did Judge Tyrell after him (I will not be so t…dious as to recite their Arguments:) Judge Vaughan concluded in the same manner, but with these two Singularities above the rest.

1. That he made it an Error in the Mittimus, that the Witnesses were not named; seeing that (the Oxford-Act giving the Justices so great a power) if the Witnesses be unknown, any innocent Person may be laid in Prison, and shall never know where, or against whom to seek remedy (which was a Matter of great moment.)

2. When he had done with the Cause, he made a Speech to the People, and told them, That by the apperance, he perceived that this was a Cause of as great Expectation as had been before them, and it being usual with People to carry away things by the halves, and their misreports might mislead others, he therefore acquainted them, That though he understood that Mr. Baxter was a Man of great Learning, and of a good Life, yet he having this singularity, the Law was against Conventicles, and it was only upon the Error of the Warrant that he was released; and that they use in their Charge at Assizes to enquire after Conventicles, and they are against the Law; so that if they that made the Mittimus had but known how p. 60to make it, they could not have delivered him, nor can do it for him on any that shall so transgress the Law.

This was supposed to be that which was resolved on, at White-Hall by the way. But he had never heard what I had to say in the main Cause, to prove my self no Transgressor of the Law: Nor did he at all tell them how to know, what a Conventicle is which the Common Law is so much against.

§ 129. Being discharged of my Imprisonment, my Sufferings began; for I had there better Health, than I had of a long time before or after; I had now more exasperated the Authors of my Imprisonment; I was not at all acquit as to the main Cause; they might ame…d their Mittimus, and lay me in again: I knew no way how to bring my main Cause (whether they had power to put the Oxford-Oath on me) to a legal Tryal: And my Counsellors advised me not to do it, much less to question the Justices for false Imprisonment, lest I were born down by power. I had now a great House of great Rent on my Hands, which I must not come to: I had no House to dwell in; I knew not what to do with all my Goods and Family; I must go out of Middlesex; I must not come within five Miles of City, Corporation, &c. where to find such a place, and therein a House, and how to remove my Goods thither; and what to do with my House the while, till my time expired, were more trouble than my quiet Prison by far; and the Consequents yet worse.

§ 130. Gratitude commandeth me to tell the World who were my Benefactors in my Imprisonment, and Calumny as much obligeth me, because it is said among some, that I was … by it; Serjeant Fountain's general Counsel ruled me; Mr. Wallop, and Mr. Offley sent me their Counsel, and would take nothing. Of four Serjeants that pleaded my Cause, two of them, Serjeant Windham (afterwards Baron of the Exchequer) and Serjeant Sise, would take nothing. Sir Iohn Bernard (a Person that I never saw but once) sent me no less than Twenty Pieces; and the Countess of … Ten Pound; And Alderman Bard Five; and I received no more; but I confess more was offered me, which I refused; and more would have been, but that they knew I needed it not. And this much defrayed my Law, and Prison Charges.

§ 131. When the same Justices saw that I was thus discharged, they were not satisfied to have driven me from Acton, but they make a new Mittimus, by Counsel, as for the same (supposed) Fault, naming the Fourth of Iune as the Day on which I preached, and yet not naming any Witness (when the Act against Conventicles was expired long before.) And this Mittimus they put into an Officer's hands in London, to bring me not to Clerkenwell, but among the Thieves and Murderers, to the common Jail at Newgate, which was since the Fire (which burnt down all the better Rooms) the most noisom place that I have heard of (except the Tower Dungeon) of any Prison in the Land.

§ 132. The next Habitation which God's Providence chose for me, was at Totteridge, near Barnet, where for a Year, I was fain, with part of my Family separated from the rest, to take a few mean Rooms, which were so extreamly smoaky, and the place withal so cold, that I spent the Winter in great pain; one quarter of a Year by a sore Sciatica, and seldom free from such Anguish.

§ 133. It would trouble the Reader for me to reckon up the many Diseases, and Dangers for these ten Years past, in, or from which, God hath delivered me; though it be my Duty not to forget to be thankful. Seven Months together I was lame, with a strange Pain in one Foot; Twice delivered from a Bloody Flux; a spurious Cataract in my Eye (with incessant Webs and Net-works before it.) hath continued these eight Years, without disabling me one Hour from Reading or Writing: I have had constant Pains and Languors, with incredible Flatulency in Stomach, Bowels, Sides, Back, Legs, Feet, Heart, Breast, but worst of all, either painful Distentions, or usually vertiginous or stupifying Conquests of my Brain, so that I have rarely one Hour's, or quarter of an Hour's ease. Yet, through God's Mercy, I was never one Hour Melancholy, and not many Hours in a Week disabled utterly from my Work, save that I lost time in the Morning, for want of being able to rise early: And lately, an Ulcer in my Throat, with a Tumour, of near half a Year's continuance, is healed without any means. In all which I have found such merciful Disposals of God, such suitable Chastisements for my Sin, such plain Answers of Prayer, as leave me unexcusable if they do me not good. Besides many sudden and acuter Sicknesses, which God hath delivered me from, not here to be numbred; p. 61his upholding Mercy under such continued weaknesses, with tolerable, and seldom disabling Pains, hath been unvaluable.

§ 134. I am next to give some short account of my Writings since 1665. 1. A small MS. lyeth by me, which I wrote in Answer to a Paper which Mr. Caryl of Sussex sent me, written by Cressy (called now Serenus) about Popery.

§ 135. 2 Mr. Yates of Hambden, Minister, sending me the Copy of a Popish Letter, as spread about Oxford, under the Mask of one doubting of Christianity, and calling the Scholars to a Trial of their Faith, in Principles, did by the Juggling Fraud, and the slightness of it, provoke me to write my book called, The Reasons of the Christian Religion. And the Philosophy of Gassendus, and many more besides the Hobbians, now prevailing, and inclining men to Sadducism, induced me to write the Appendix to it, about the Immortality of the Soul.

§ 136. 3. Oft Conference with the Lord Chief Baron Hale, put those Cases into my mind, which occasioned the writing of another short Piece, of the Nature and Immortality of the Soul, by way of Question and Answer (not printed.)

§ 137. 4. The great Weaknesses, and Passions, and Injudiciousness of many Religious Persons, and the ill effects; and especially perceiving that the Temptations of the Times, yea the very Reproofs of the Conformists, did but increase them among the separating party, caused me to offer a book to be Licensed, called, Directions to weak Christians how to grow in grace, with a second part, being Sixty Characters of a Sound Christian, with as many of the Weak Christian and the Hyyocrite; Which I the rather writ to imprint on men's minds a right apprehension of Christianity, and to be as a Confession of our Judgment in this malignant Age, when some Conformists would make the World believe, that it is some menstruous thing composed of Folly and Sedition, which the Nonconformists mean by a Christian and a Godly Man. This Book came forth when I was in Prison, being long before refused by Mr. Grigg.

§ 138. 5. A Cristian Directory, or Summ of Practical Divinity in Folio, hath lain finished by me, many years; (and since twice printed.

§ 139. 6. My Bookseller desiring some Additions to my Sermon before the King, I added a large Directory of the whole Life of Faith, which is its Title, which is published.

§ 140. 7. Abundance of Women first, and Men next growing at London, into separating Principles; Some thinking that it was sin to hear a Conformist; and more, That it is a sin to pray according to the Common Prayer with them; and yet more, That it is a sin to Communicate with them in the Sacrament: And the Conformists abominating their House-Meetings as Schismatical; and their Distance and Passions daily increasing, even among many, to earnest desires of each other's Ruine, I thought it my Duty to add another part to my book of Directions to weak Christians, being Directions what course they must take to avoid being Dividers, or troublers of the Churches: The rather because I knew what the Papists and Infidels would gain by our Divisions, and of how great necessity it is against them both, that the honest moderate part of the Conformists, and the Nonconformists, be reconciled, or at least grow not into mortal Enmity against each other. This Book was offered to Mr. Sam. Parker, the Archbishop's Chaplain to be Licensed, but he refused it; and so I purposed to cast it by: But near two years after, Mr. Grove, the Bishop of London's Chaplain (without whom I could have had nothing of mine Licensed, I think) did License it, and it was published; of which more anon.

§ 141. 8. About this time I heard Dr. Owen talked very yieldingly of a Concord betweent the Independents and Presbyterians (which all seemed willing of.) I had before, about 1658. written somewhat in order to Reconciliation; and I did (by the invitation of his Speeches) offer it to Mr. Geo. Griffiths to be considered: And near a twelve-month after he gave it me again, without taking notice of any thing in it. I now resolved to try once more with Dr. Owen: And though all our business with each other had been contradiction; I thought it my Duty without any thoughts of former things, to go to him, and be a Seeker of Peace: which he seemed to take well, and expressed great desires of Concord, and also many moderate Concessions, and how heartily he would concur in any thing that tended to a good agreement. I told him, That I must deal freely with him. that when I thought of what he had done formerly, I was much afraid lest one that had been so great a breaker, would not be made an Instrument in healing: But in other Respects I thought him the fittest man in England for this Work; partly because he could understand the Case, and partly, because p. 62his Experience of the Humours of Men, and of the mischiefs of dividing Principles and Practises, had been so very great, that if Experience should make any man wise, and fit for an healing Work, it should be him: And that a book which he had lately written (a Catechism for Independency) offensive to others, was my chief Motive to make this Motion to him; because he there giveth up two of the worst of the Principles of Popularity; acknowledging,

1. That the People have not the Power of the Keys.

2. That they give not the Power of the Keys, or their Office-Power to the Pastors. I told him that I had before this driven on an Agreement between the Presbyterians and Independents, in another manner, but that I plainly saw, that while the Lord Chancellor, and such others, were still talking of Plots and Conspiracies, they would be so jealous of our Union, that they would give out, that we were strengthening our selves by it, as Confederacy against the King; and it would have tended to the sudden increase of our Suffering. He answered me, That for his part, he thought the Work so necessary, that he would trust God, and over-look such dangers. I told him, That the danger being so visible, Prudence in the management of the Work was our Duty, though not carnal Policy to desert it. The great difficulty had always been to find out the Terms on which we must be United, if ever it be done: This was it which could not be done in the Assembly at Westminster, nor in all the Years of our Liberty and Difference ever since. And this is a thing which a few Hands may dispatch, much better than many. I told him therefore, that my Opinion was, That he and I only should first try whether we could come to Agreement in Principles; and that none living might know of our Attempt till it was fininished; that if we could not agree, the notice of our Failing might not be a hindrance to others, nor a reproach to our selves; but if we did agree, it were easie to make use of the Terms agreed on, when ever Prudence should tell us it was conducible to our Ends; and to get two or three of a side to Subscribe it first, till it were fit to make it publick for the use of more.

This much we agreed on, and our next Question was of the method. I told him that as to the positive Terms of Concord, I thought that those Essentials of Religion and Communion, which are the Terms that all Christians must agree in, must be ours; and that we had not any new Terms to devise; but only some new Means to bring us to consent to Communion upon those Terms. To which end I thought it would be a good way to draw up a Writing, containing all the Points of Discipline, which the two Parties are really agreed in (great and small,) that while the World seeth the extent of their Agreement, the few things which they differ in may seem so small, among all those, and not to be sufficient to hinder their Communion. He approved of the Motion, and desired him to draw it up; which when he put off, I desired that each of us might bring in a Draught; but he would needs cast it on me alone.

When I had drawn up abundance of Theses as the Matter of our common Concord, and left them with him, the next time I came to him, he commended the thing, but said, that they were too many, and I could do it in a narrower room. I perceived by this, that his Thoughts were, that many that were among them, would not grant all those Points, and so it must be wider yet. I told him, that if he changed the Design, we must change the Means: If he thought it the better way to draw up only those Points which are necessary to our Agreement, then we must do it in as narrow a compass as may be; which being determined of, I urged him again in vain to do it: but he cast it upon me, and I brought him speedily a Draught of so many of the things which both Presbyterians and Independents are agreed in, as are necessary to their Practical Concord and Communion, with respect to the things in which they are, or seem disagreed. When he had kept them a few Weeks, I waited on him again and again; and he told me, that it was the fairest Offer, and the likeliest Means, that ever he yet saw; and he saw nothing yet but that it might well conduce to the End intended. I desired him to give me his Animadversions, 1. Of all that he took to be false or unfound in it. 2. Of all that he thought the two Parties were not agreed in. 3. Of all that he thought inconvenient and unapt to the End intended. 4. Of all that he thought unnecessary: which he consented to, and shortly after sent me this Letter (which intimateth his purpose of coming to me, because I invited him to take the Country Air with me, in a Cold that he had, &c.)

p. 63§ 142.