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Sufferings and Oppressions of Many Christians in Devon · John Hickes

Sufferings and Oppressions of Many Christians in Devon, Account

May the 29th. 1670, Mr. George Reynel of Malſon, in the Pariſh of Sherford, Devon (now a Priſoner in the Kingsbench) one of his Majeſties Juſtices of Peace (though a ſufficient diſturber thereof, of which you have ſome ſignal Inſtances in the following Narrative) being informed by ſome Infamous fellows (imployed for that end) that there was an Aſſembly of People at Mr. John Hicks his Houſe, (a Non-conformiſt Miniſter) in the Town of Kingsbridg, came thether about Eleven a Clock in the Forenoon, attended with divers Perſons (moſt of which are well known to be Lewd, and Debaucht) and moſt furiouſly attempts to Break open the Street-door, with an Iron Bar, or Sledg of Iron, which not being able ſpeedily to do, his Brother, Arthur Reynel, goes to the Back-door, which being open, he enters, and haſtens to the other, and not finding the Key in the Lock, begins to Curſe (judgd by ſome a minute Crime in compariſon of Praying, and Preaching the Goſpel) in this manner, the Plague take you, throw too it; but the Key being ſpeedily found, the Door was opened to the Juſtice, and his Attendants; who without delay, having entred the Houſe, preſently aſcends to the Chambers (leaving his Brother Arthur and ſome others below) and enquires for the ſaid Mr. H. being ſuppoſed, but not proved, to have Preacht; whom not finding, moſt unbecoming a Gentleman, and a Juſtice of Peace, before his Wife, Reviles, and Calumniates, calling him then, and at the Tavern after, Rebel, Rogue, Raſcal, Town-Bull, Whore-Maſter, Baſtard-Maker, &c. Then he above, and his Brother below, begin to take the Names of the People whom they found there; but in vain was the Aſſay, for both their Hands Trembled ſo much (which was Obvious to the View and Obſervation of many Spectators, who are ready now to Atteſt it) that they could not ſcarce write one Name, and ſo were for…t to deſiſt. What was Productive, or Cauſative of this Paralytical Diſtemper, I leave the Intelligent, and Impartial Reader to Judg. Yet notwithſtanding, the ſaid Juſtice (as if he would attempt a Conqueſt over the Terrors of the Almighty, and would Baffle, and Stifle the Conſternating Convictions of his own Conſcience) proceeds May the 30th. to a Coviction of ſeveral Perſons to ſuffer, as he pretended, according to the Law made againſt Conventicles. Firſt then, though no Miniſter was found, nor could it be prov'd that there was any, muchleſs that Mr. Hicks, or any other Miniſter did either Preach, or Teach (which is the Crime that Incurs the penalty of Twenty Pound) yet be Levied Twenty Pound upon the ſaid Mr. H. for Preaching, and iſſues forth his Warrant to the Conſtables of Kingsbridg, to take Deſtreſs upon his Goods (be judging and declaring him upon the ſight of his Houſhold Goods the Sabbath-day, ſufficent to ſatisfie the Law) but he refuſing to open his Doors, the lu… eaten againſt Law, transfers the Penalty from him, to ſome of his ſuppoſed Hea…e…s; and amongſt the reſt, he Levieth Forty Shillings upon one Roger-B…rd, who was not the Lords-day before at Mr. H. his Houſe when the Juſtice came, and though he made his complaint to him of the wrong done him, yet he would not relieve him: Twenty Shillings he Levied upon Thomas Cole, of Kingsbridg, who refuſing to pay it, he (as if he … been too merciful, and compaſſionate before) adds Fifteen Shillings more to it, and commands the Conſtables to Deſtrain thirty Sheep for it; which is a moſt horrid Oppreſſion, and higheſt Injuſtice, contrary to all Law: As the 51. Hen. 3. which ſaith, That Diſtreſſes muſt be reaſonable, after the value of the Debt, and Demand.— 52. Hen. 3. Which ſaith, That Deſtreſſes ſhall be reaſonable, and not too great, and he that taketh great, and unreaſonable Deſtreſſes, ſhall be grievouſly Amerced, for the Exceſs thereof. So 28. Ed. 1. 12. Forty Shillings further he Levieth upon Chriſpin Collings, who finding himſelf Agrieved, makes his Appeal according to Law: And now the Injuſtice, and Oppreſſions that he met with at the Seſſions, may be Read. Firſt, when he came up with Witneſſes to prove ſeveral things of Moment, and had been at great Charges, he was not ſuffered to Travers his Appeal, but (as if on purpoſe to Oppreſs him the more, and becauſe there could be no Witneſſes then got to prove he was at Mr. H. his houſe) made to enter into new Recognizance to do it, the next Seſſions after; which when he came to do, he found Juſtice ſtood afar off, and Equity could not enter; for there Judgment principally paſt upon the Evidence of an Ignorant Fellow, who Swore he ſaw him in the ſaid Mr. H. his Houſe, and when it was demanded at what time, he reply'd, in the Afternoon, and yet the pretended Conventicle that Mr. Reynel would Convict of, was in the Forenoon; and though it could not be prov'd that Mr. H. did at that time either Preach or Teach, yet was the ſaid C. Collings adjudg'd to part of the Twenty Pound, beſides the Treble Coſt, which was ſcrewed up to the highth. The moſt that could be Atteſted, was that the Voice of Mr. H. was heard; and yet he that did Swear this, was at that diſtance from his Houſe, that it rendred it very difficult either to hear the Voice of a Man, or ſo as to diſtinguiſh betwixt the Voice of one man, and another; and impoſſible to know whether it were the Voice of one Praying or Preaching, by the moſt open and attentive Ears; yet this was Valid and Authentick enough, to prove that there was Preaching. But as I have heard of a man that was uſually of the petty Jury, for Life, and Death, in the County where he lived, and when Evidence was not clear to the Jury of a Felonious fact, would ſtill ſay, let us hang the man at a Venture: So were moſt of the Juſtices at the Seſſions, and the Jury (which is uſually according to their hearts deſire) reſolv'd to do with Chriſpin Collings to make him pay part of the Fine, whether there was Preaching, yea, or no. And this hath been their practice from Seſſions to Seſſions, as ſhall by ſeveral following Inſtances be prov'd.

Before the next Sabbath, Mr. Reynel left the Country, but his Setters, or Informers continue in it (whether they were Volunteers, and Spontaneous Actors, or ſtired up by him to this Illuſtrious work, and Honourable imployment, I ſhall not determine) who the enſuing Lords-day were very Active, Sedulous, and Induſtrious to diſcharge the truſt repoſed in them after ſometime therefore ſpent in Hunting, they, Scent a Conventicle near Surley Butts, in the Pariſh of Well…vington, to which with great Celerity, and Speed, they haſten, and J…h… -like, drive moſt furiouſly, leaſt they ſhould miſs of their Game, and Prey: The conſiderable Circumſtances of which Actions, are as followeth. Firſt, the number of Perſons engaged therein, which were about Fourteen Horſe and Foot. Secondly, their Quality, one or two of them Gentlemen (in that Common, Abſurd, irrational Notion, and Acceptation of a Gentleman among us, that is one deſcended from ſuch an Ancient, dignified Family, when there is a Degeneration from all the true Noble Accompliſhments, and behaviour of Gentlemen; and a total, and ſhameful Laps from all real Vertue, that true Gentility is the Genuine Off-ſpring of, which it gives its firſt riſe, and being too, and which neceſſarily it muſt have its foundation laid in; when he hath ſcarce a Rag, or Shadow of it left, nothing but Romantick Complements, Pedantick Poſtures, and Legs made with ſome Geometrical proportion) with one Mr. John Bear, who is now in a probability to be lickt into ſome form, and ſhape of Gentility, with Thomas and Nicholas F…d, what they take themſelves to be, I know not; but I think their Gentility will ſcarce paſs for Currant Coyn in the Country where they live: The reſt were the very Scum thereof, a meer Catalines Crew, whoſe Imployment did exactly Harmomonize, and Correſpond with their Quality; for Durty Fellows or moſt fit for Durty work. Thirdly, Their Condition, which is Neceſſitous (for the greateſt part of them) a ſufficient Provocative, and ſpur to theſe Heroick Atchievements. Fourthly, The Head of this Informing Party the aboveſaid Mr. John Beer, or Bear (as he writes after his Grand-father,, the Old Committee-man, who Uſurpt, and Aſſum'd the Name of Bear, which is the Name of another worſhipful Family in Devon, to dignifie his own with) of Woodmaſon, or Bears-comb (as the old Committee-man denominated it from his New Name, Bear) near Kingsbridg, this New-ſtampt Gentleman, was the Captain of, and had the honour to Conduct this Peerleſs Party, and Squadron: Of whoſe Unchriſtian, Ingenerous, and Diſobliging deportment among his Neighbours, with many of his ſordid Actions, you ſhall have a further and fuller Account. Fifthly, The manner of their coming which was with urſine Rage, Bellaine Fury, Impetuous Inſolency, Beating a Youth in the way, whom they ſuppoſed gave warning to the People; to whom in a moſt outragious manner, at firſt they approach, their Renowned and Gallant Leader, Mr. John Beer, or War (but let us not deny, or grudg him the latter name, it being ſo Congruous to his Nature) his firſt Salution being: Where is that Damn'd Rogue, (meaning the ſuppoſed Miniſter) others of them cried out, Ride for your Lives; which they did without any reſpect to the People in the way: And ſuch were their rude Voceferations, and Exclamations, with their moſt ſoul Calumniations, that well might any have judg'd ſome Bedlam-madneſs to have poſſeſt them, or that they were ſome Tartarian Troop, brought by an Inviſible hand thether. And when they could not find the ſaid Miniſter, Mr. John Bear, Retreats; and Advancing towards ſeveral Gentle-women (whoſe Virtue and Modeſty, is well known, and acknowledg'd in the Country where they live, by all, but thoſe that have reſpect for, or value neither) begun Prodigiouſly to Curſe them, after this manner: The Plague take you, What have you done with Hicks? And then adds to it, Swearing by the moſt Sacred, and Terrible Name of the Supream Majeſty: You have hid him under your— The reſt of his words being ſo Obſcaen and Filthy, I ſhall break off with an Apoſioperis.

George Bear, the younger Brother, coming to a young man, demands of him Ten Shillings; who mildly Replied, Do you want Money? Whereupon the ſaid G. B. ſpurs up his Horſe with much Fury and Fierceneſs againſt him, but (as if he were ſenſible of the Inhumanity of his Maſter) he denies Obedience, and Recoyls; then G. B. commands one Lucas his Informing Brother (a Fellow of vaſt Dimenſions) to Beat him, with theſe words; Beat the Rogue; who prenſently with a great Cudgel, moſt furiouſly and forcibly, gave him ſeveral Blows upon his Head, bruiſing it very much, and in all probability had he not kept on his Hat, his Life had been endangered: Yet the other took his abuſe very patiently, making not the leaſt reſiſtance. Tho. Ford, a moſt buſie and active Informer (having his Soul impregnated with ſuch principles of matchleſs Magnanimity, that one might ſuppoſe there was now a clear demonſtration of the Metempſenchoſis of Souls, that ſome Hectors, or Scanderbegs, had tranſmigrated into his Body) with moſt Heroick, and Invincible courage, chargeth three young Women, commanding them with moſt fierce Looks, and the Rays of higheſt Valour, ſparkling through his ſprightly Eyes, to ſtand for their Lives, Minacing, and Threatning moſt formidably, that he would run them thorow, if they would not tell where Hicks was; the words were ſo like Thondering and Lightning, that they were ſtruck into Conſternation, and ſome of them through fear Fainted, and fell down: If Ne Hercules contra duos, What a rare Son of Mars was here, that durſt Encounter with three at once. Certainly on Army of ſuch men would have been ſignally Serviceable to his Majeſty, when the Dutch came firſt up to Chatham, when all the Sons of Bacchus, and Venus, gave a clear Demonſtration by their Pannick fear, how little of Mars was in them; no doubt if he had been then Imploy'd, he would have merited Immortal honour. And to conclude this, when theſe Informers were together, nothing could ſcarce be heard but whole Volleys of Oaths, with a moſt execrable Eructation, and Evomition of Curſes, inſomuch that one would have thought Infernal Spirits had made uſe of Corportal Organs. Some of them were (as the two Informing Beers) upon Conviction by Mr. Baſtard, of Garſton, puniſht according to Law, for Swearing.

June the 12th. theſe Informers, with freſh Auxiliaries, and an Addition to their Number, in a very Hoſtile manner, came into the Town of Kingsbridg, and when they were near Mr. Hicks his Houſe, they drew their Swords, to the Terrour of ſome of the Inhabitants that were within view thereof, and then haſten to his Houſe to beſet it; the better to effect which, they violently, and furiouſly, broke open his next Neighbours Street-door, and then ſome of them run thorow his Entry, and Garden, and Leaping over the Hedg, came to Mr. H. his Back-door, that they might forcibly keep in the People (which they ſuppoſed were there) till a Juſtice of Peace came, and Apprehend the ſaid Mr. H.; which a few days before, one of the Informers (and that George Bear, if I miſtake not) ſaid Fifteen of them had engag'd to the Biſhop of Exam, to do. Now let the Reader know that theſe Informers came (as they did the Sabbathday before) thus Arm'd with Swords, and Piſtols, without any Warrant or Authority from any Juſtice of Peace, and without any Officer with them; the People therefore knowing there was no Authority to Reſtrain, and Deprive them of their Liberty, reſolved to go out at the Back-door, were they found one John Lucas, a Carpenter, with a Piſtol in his hand Cockt, and preſented to them (which Lucas was bound to the Peace, or Good Behaviour, for Beating the man the Lords-day before, of which an Account is given) yet thus they Arm him; when the Piſtol was firſt given him, he quickly and ſpeedily, run to the Back-door of Mr. H. his Houſe, and then returning haſtily again, cry'd our to his Informing Brothren, Yonder are the Rogues: But then ſaid, What ſhall I do with this Piſtol, there is nothing in it? Upon which words, one of the Informers was ſeen to deliver him ſomething, which he put into the Piſtol, and haſted towards the Back-door again, ſaying; Now I am fitted for the Rogues: And when he ſtood at the Door, he was further heard to threaten, that he would Piſtol thoſe that came forth; which cauſed two of the Company (viz. Nicholas Huxome, and John Leech) to diſarm him, to prevent his doing Miſchief (for he that had beaten one the Sabbath before, might kill another now) which when they had done, ſeveral of the Informers came, as Mr. John Bear, his Brother George, the Valiant Tom Ford, &c. to juſtifie him in breaking of the Peace, and with drawn Swords, and cockt Piſtols, they purſue ſome Perſons, threatning to kill them: One of them ſet his point of his naked Rapier to the Breaſt of a Woman (who ſaith, ſhe thinks it was George Bear) uttering Bloodily, and Barbarouſly theſe words: Thou impudent Jade, or damn'd Whore, I could find in my heart to Run thee thorow, and if I ſhould do it, I ſhould do God good ſervice. The ſaid George Bear, ſet the point of his Rapier to the Breaſt of Nicholas Ha…me, and Swore he would Run him thorow. Likewiſe Walter Campion (of whoſe prodigious Perjuries hereafter) a Blacksmith in Dadbrook, near Kingsbridg, Seiſed a young man in the Street (who had been long Sick before, and had Recovered a little ſtrength now to come Abroad) and commands him to go along with him; which he refuſing to do, he forcibly Drags him along; the other demanding a Warrant of him for ſo doing, he took a Piſtol out of his Pocket, and told him that was his Warrant, threatning no leſs than death to him. Another of them highly and terribly threatned a young Woman, bruiſing her Arms by a forcibly Hailing, and Pulling her along, whereby ſhe was much Affrighted, and whereof ſhe much complained. Theſe are ſome of their brutiſh Carriges, and ſavage Actions at that time. After which, John Lucas (who was diſarm'd) to be reveng'd, accuſed ſeveral for beating him, whereof William Gilberd, of Kingsbridg, was one; accordingly a Warrant was granted by Mr. Hele, upon the Oath that the ſaid Lucas had taken, to Convene the ſaid W. G. before him; who when he appear'd in obedience to the ſame, Lucas acknowledged he was miſtaken, after he had thus ſworn againſt him. When the Seſſions came, Lu…us who was Bound over to them, makes his Appearance; but the Judg of the Seſſions, Mr. Car…w, would take no notice of his Breaking the Peace, but ſhamefully Acquits him, Juſtifies him in what he did, highly Countenances him; the Clerk of the Peace refuſed to take any Fees of him, whereby all Encouragement was given him, and the reſt of the Fraternity, outragiouſly to Abuſe at their will and pleaſure, ſuch as are called Conventiclers, and Fanaticks; and though this was ſo Notorious a Riot, according to the Laws of England, yet the leaſt Notice was not taken of it. Had a Heathen ſeen with what Partiality, and Favour towards one Party, all things were managed, and with great Rigour, Injuſtice, and Cruelty towards the other (that is, thoſe whom Lucas falſly accuſed for beating him; and one William March, as wrongfully, for ſpeaking ſome Seditious words, whom Mr. Carew would not give any time to provide Sureties for the good Behaviour, but Commanded with a moſt ſtern Countenance, and in a moſt wrathful manner, which ſhew'd how much his Heart was fill'd, and envenomed with Envy and Malice, the later preſently to take him) he muſt needs have Cry'd out, that certainly Chriſtianity Eradicates, and deſtroys common Equity. Here the very Scum of the Countrey, the moſt abject Fellows, and Droſs of Mankind, were by Mr. Carew, ſuffered to Taunt, Vilifie, and ſet at naught ſome Juſtices upon the Bench, as Mr. Hele, and Mr. Baſtard (being lookt upon as Favourits of Fanaticks, and becauſe they would not Oppreſs their Neighbours; but more concerning them in the ſubſequent part of the Narrative) as if they had not been worthy to wipt their Shooes: No Check, or Controul was given them, but all was heard with much ſeeming delight, and Complacency. Here every Informer was ſuffered to talk, as if he had been a Juſtice of Peace, or a Perſon of greateſt Honour. Among the reſt the Magnanimous Tom Ford, taking his place upon the Bench, aloud aſkt Lucas, if he wanted any Money, he ſhould have enough: And becauſe Lucas, after he had taken a poſitive Oath, that William Gilberd beat him, acknowledg'd his Errour. Tom Ford, in open Court, aloud, further told him (that he might be ſure not to Err the ſecond time) that if he that Beat him had Black Hair, then it was William Gilberd, but if he had Yellow Hair, it was Richerd his Brother (as if Black and Yellow, put a Characteriſtical difference betwixt them, and all other men) whereupon Lucas at a venture, ſwore it was Richard that beat him, which was notoriouſly falſe; and this deſperate Oath was taken, and the ſaid Richard was Bound over to two Aſſizes, of which there is yet a fuller Narrative to come.

Two Lords-days more, viz. June the 19th. and 26th. theſe Informers hunt eagerly, but could find no Game, till July the 3d. when Mr. George Reynel was return'd into the Countrey, and then to work they go Early in the Mourning, having the freſh Scent of a Conventicle in their Noſes at Liuckham-hill-head, near Salcomb, in the Pariſh of Malborough, thether therefore they repair with all the ſtrength they could make, being about Twenty, or Thirty Horſe and Foot, Arm'd, Swearing they would have Hicks if he were above ground: As they were going to the place, they overtook a Young-man of Kingsbridg; of whom Mr. Reynel, demanded where the Meeting was: He replied, He knew not (as he did not the particular place) and then leaves the Lane, to go into a Field… which Mr. Reynel ſeeing, quickly Diſmounts, and ran after him; whom overtaking (moſt well becoming a Juſtice of Peace) he Beat him with his Horſewhip, the Stripes whereof left their Marks and Prints behind them upon his Back, and Shouldiers. When they came near the place, where they ſuppoſed the Meeting was, they divided themſelves into two Squadrons, thinking by that means to Encompaſs the Miniſter, and People, and take them all in a Net at once, but when they came, they found only ſome few in the Circumjacent Fields; then they Rode fiercely about, being moſt Impetuous, and Eager in the Chaſe, and Purſuite of Mr. H. (though he had ſtolen neither Gold nor Silver) Mr. Reynel offered Ten Pound, or a good Sum of Money to one man, if he would diſcover where he was, and demands of another to tell him, who being ſilent, he either ordered, or ſuffered one of his Attendants (I think his own Servant) to Beat him, which was Inhumanly done, with a Cudgel: Then meeting with a third Perſon, who upon demand, refuſed to make Diſcovery of Mr. H. and being unwilling to go along with them, one of the Company (whether by the Order of the Juſtice, or no, I cannot certainly tell) Knockt him down, and then two of them, whereof the Perjured Companion was one; drag'd him along ſeveral Paces like a Dog, by the Heels, which put the man to great pain (he having not long before broke his Leg) which Extorted outerys, and complaints from him, a young Woman being near him, bid him be of good comfort, and not fear, for God would be with him (or words to that purpoſe) this wretched Champion hearing her ſay ſo, endeavoured to bring her into trouble: Saying to the Juſtice, Hark what …he ſaith? She ſaith the Devil is with us, and God is with them; but ſome of their own Company witneſſed the truth, and contradicted him: Then ſaith he, if ſhe ſaid not ſo, ſhe meant ſo. Then after they had ſpent two or three hours in making a diligent ſearch in Fields, Houſes (ſome whereof they violently broke into, without demanding any entrance, or having a denial given them) Orchards, Gardens, &c. for Mr. H. and had wearied out themſelves they depart; but Conviction was made of a Conventicle. Twenty Pound is Levied for Preaching, though it could never be proved; many did ſuffer, though they never knew their Accuſers, which is uſual; and commonly there is no other Evidence to ground, and bottome a Coviction upon, but what is given by Informers. And how Unreaſonable, Unwarrantable, and Illegal this is, let all Engliſhmen, yea, and the world judg, ſeeing they are Parties ſo much concerned.

Now Mr. Bear (the Head of the Informers) expects ſome conſiderable Reward for his good Service done his Majeſty, and the Church, as he accounts it, he writes therefore to the Biſhop of Exon (as he had done ſometimes before, declaring his ſeveral Services for the Church, his Endeavour to bring to Condigne puniſhment all di…enters from her) to acquaint him he had now done what he could in that ſingle Capacity he was in, hoping to arrive at ſome higher pitch of Honour; the Merit of his Zeal, and illuſtrious Atchievements, in his own eſteem, challenging no leſs than the reward of being made a Juſtice of Peace: Which if he were inveſted with the Authority of, he promiſeth him with what Vigour, and Activity, he would Ruine, or Reduce to due Obedience, the Churches Enemies. The Biſhop perceiving him to be a Prompt and Active Young man, to promote the Hierarchical Intereſt, and having had Ample experience of his ſcorning to ſtick at the breaking of any Law, or committing the ſouleſt Riots to advance the ſame. He had no reaſon to ſuſpect his Cowardiſe, if he could get him Advanc'd to a Juſticeſhip, in adventuring Soul, Body, Conſcience, Eſtate and all, for the preſervation thereof. He therefore beſtirs himſelf to get him into the Commiſſion of Peace, which after much difficulty by the Arch-Biſhop, and the Earl of Bat…, he effected. One might indeed have thought, that in good time there would have been a probability of his Advencement to the Degree of a Hundred, or Head Conſtable, but few or none judg'd him worthy of a higher Dignity, conſidering the Inferiority of his Quality, the Inconſiderableneſs of his Eſtate, being as his Neighbours (that know it well) affirm, at the utmoſt but 200 Pound per annum, out of which he pays his Father, his Brother George, and two Siſters, ſuch Annuities, that he cannot have much more than 60 pound per annum to maintain, and ſupport the Grandeur of a Juſtice. Its known likewiſe he is Indebted, being a Borrower of Money; How fit is he for his preſent Preferment, and capable of ſuch an Advancement, let all true Engliſh ſouls judg? I know no other reaſon why his Fellow-Juſtices ſo much ſcorn and diſdain him, why none of them, nor any other Gentleman at the chief Sheriffs Table the laſt Aſſizes, thought him worthy to be Drunk to; which was but ſower Sauce, I believe, to his ſweet Meat, and enough to hinder the good Concoction thereof, But however, though he that was ſo lately the Head of the Informers, be now lookt upon but as the Tail of Juſtices, yet he is reſolved to make his Neighbours, and the Fanaticks to know his Authority; forthwith therefore he begins to diſplay its powerful Beams, the ſcorching Heat whereof, he makes the Conventiclers ſufficiently to feel, but Excentrick to all Law, as the following Inſtances will moſt clearly Demonſtrate.

To begin then with his firſt Conviction of a Conventicle held at Linckham-Hill-Head, the 26th. of July, 1670. which he expreſt in his Warrant to the Conſtables for Diſtreſs, was grounded upon the Oaths of two or more Witneſſes, but who theſe were is unknown; no Perſon being Convicted in the preſence of his Accuſers, nor Summoned to appear before his Worſhip, to hear what was Evidenced againſt them, or what they could plead for themſelves, till the Warrants were granted for Levying Fines, to the Value of Twenty Four Pounds Ten Shillings, upon ſix Perſons by Diſtreſs, without making Demand of the Money. Beſides ſeveral other Diſtreſſes, that I forbear to mention, which the Sufferers groan under, they being ſo Unreaſonable, and their Goods ſold ſo much under Value. Alſo, they were able to prove themſelves elſewhere the 26th. of July, which when Mr. Bear underſtood, he gave the Conſtables new Warrants to keep the above-mention'd Sums for the 3d. of July, commanding them to return the Money to ſome whoſe Goods they had taken, and under-ſold: The Conſtables therefore of Kingsbridg, bring to Mr. John Hingſton, Seven Pound Ten Shills, which was Levied on him: He told them they had no Money, but Goods from him, which if they would bring back again, its likely he might receive them; whereon one of the Conſtables threw down the Money on his Table, and the other catcht it up by a ſecond Warrant, he not receiving it, and the firſt Warrants Mr. B…ar hath ſince forced from the Conſtables.

Another Conviction of his was as followeth: Mr. Tooker, a Non-conforming Miniſter, living in the Pariſh of Weſt-Altington, in the County of Devon, having three Gentle-women at his Houſe on a Sabbath-day (who viſited his Wife, being much afflicted for the death, by drowning at Sea, of her Son and only Child) Prayed with them, it being in the Afternoon when there was no Miniſter at the Pariſh Church; and while he was engag'd in this Chriſtian Work, and Duty, come Lucas, Campion Arnel, with Leech (the Apoſtate, and Judas) all of the Informing Crew, with ſome others, and beſet the Houſe, to ſee that none ſhould paſs in or out, while they ſent for the Conſtables, and Church-wardens of the Pariſh, before whoſe coming, one of the Gentle-womens Servants came with a Horſe to carry her home, but ſeeing the Houſe beſet returned again immediately; and when they came, the Doors were preſently opened to them, who entring the Houſe made a general ſearch, the Informers aſſiſting them, but found not one Perſon beſides the three aforeſaid Gentlewomen, and the Family; this highly diſcontents, and enrugeth the Informers, becauſe they miſled of their expected Prize, and Prey. However, they ſaid, this ſhould not ſerve their turn, but they would make a Conventicle of the three Gentle-womens being there: Accordingly they immediately repaired to the New Informing Juſtice Bear, and acquainted him; that though there were but three Perſons in the Houſe beſides the Family, yet there was a Servant of one of the Gentle-womens, who came Riding thether, and Mr. Revil Baſtard (who hearing that the Informers were there, came to the Houſe to ſee what they did, although not until the Officers had ſearcht the Houſe and were gone) with Joſeph Tripe, who was then walking in his own Ground, where it was not poſſible for him to hear any thing that was ſpoken in the Houſe, and the Informers were betwixt him and the Houſe likewiſe, and this Mr. Bear judg'd to be Notorious Evidence, and Circumſtance of Fact ſufficient to make it a Conventicle; and accordingly the next Morning (without ſending for any of the Perſons complain'd of, to hear what they could ſay for themſelves) grants his Warrants for Diſtraining of Mr. Tooker for 30 Pound, and Joſeph Tripe for 10 Pound; the Officers of the Pariſh the ſame day, came to Mr. Tookers Houſe, and the Informers with them, without being required, or commanded, who pulled and Tore down all the Goods in his Houſe; and ſuch was the Inmanity, and Inhumanity of theſe Rapacious Harpies, and Voracious Birds of Prey (I mean the Informers) that they did not only Seiſe his Beds, and Bedclothes, but the poor Childrens Wearing-clothes, and the very Victuals that was in the Houſe, they left no Corner or Place they could find unſearcht, for Money; neither his Pockets, nor the Fleſh-Tubs, Pigs-pailes, all ſorts of Bottles, nor yet the very Cloſe-ſtool (as if the evacuated Excrements of Fanaticks, could be converted into Coin, or were rich Bullion, however theſe New-Gold-Finders judg'd that ſomething more precious, and Odoreferous a Partepoſt might drop from them, than other perſons) ten Shillings they ſtole, but who was the particular perſon that did it, I know not; but this I know, that one of the principal Actors among them was John Bear, or Beer (who by a Nick-name is called Cocky Bear in the Countrey) a Couſin of the New Juſtices, that had ſufficienly experienced the Pinches of Poverty, before he took up this moſt Diſgraceful, Informing Trade, and now he with the reſt, live upon the Spoyl of the Contrey.

Joſep Tripe, having his Goods deſtrain'd, immediately repairs to Juſtice Bear, and acquaints him that he was ſo far from coming to Mr. Tookers Houſe, as that he ſhund and eſtranged himſelf from it (there being a Sute in Law betwixt him, and Mr. Tooker, upon her former Husbands account) and further prov'd, that he was within his Houſe all that day, until that time that the Informers came, Mr. Bevil Baſtard, and the Gentle-womans Servant prove the ſame; upon which, Mr. Bear diſmiſt them, and ſet their Goods a… Liberty (Mr. Tookers being much Spoiled, and Damnified) but he had not his Money again, which was ſtolen from him; and becauſe Mr. Tooker, about half a year after, complained of the dammage done to his Goods, and that he had reaſon to have Satisfaction for it; Mr. Bear grants a new Warrant to Seiſe all his Goods, and in caſe no Goods could be found, then to Apprehend his Perſon; which Neceſſitates, and Enforceth Mr. Tooker to Diſperſe his Family, and betake himſelf to a Wandring Life, to avoid his Impla…able Wrath and Malice.

September the 11th. This Gorings Crew, or Plunderers, went to Mr. Burdwoods Houſe (a Non-conformiſt) in the Pariſh of Malborough, where they found him ſinging a Pſalm with four of his Neigbours, beſides his own Family; and having a Maſtiff-Dog without at the Door, he Barks at them, a Girle living near, perceiving this, ſets on the Dog (it's likely underſtanding that though theſe were not of the ſame Species, or Kind with the Dog, yet that they were of the ſame Diſpoſition) which the People of the Houſe hearing, preſently call off, and opening the Door to let him in, the Girl being affrighted, enters in too, and the Informers with her, even upon her Heels; and this Mr. Bear makes a ſufficient Ground and Reaſon, to proceed on to a Conviction of a Conventicle (notwithſtanding that one of the Informers did acknowledg, that the Girl went in when the Door was opened, to the Dog) he Levieth therefore Twenty Pound upon Mr. Burdwood for his Houſe, Twenty Pound more for Preaching, and Five Shillings for each of the reſt. One Chiſwel of Kingsbridg, Black-ſmith, owing Mr. Burdwood Three Pound, had a Warrant ſent him from this New Juſtice, requiring him to detain the Money in his hand, which he through fear did; another Warrant he ſent to the Conſtables of Cornwoody, for the Seiſing of an Eſtate which Mr. Bardwood had there, if they found it Chattel for Lives, or Years. April the 23d. of this preſent Year, Leech (the Judas) and Arnel his Brother Informer (two expert and conſiderable Setting Dogs, that Mr. Bear is the Maſter of) Hunt about the Countrey for Game, both for their Maſter, and themſelves, and at laſt they came to a Farmers houſe, in a Village called Leigh, in the Pariſh of Modbury, about Five or Six Miles diſtant, from the place where they live; and ſeeing ſome perſons paſs into the Farmers Yard (it being the Forenoon) one of them ſtops at the Houſe to watch, the other went to call the Officers of the Pariſh, who came with all poſſible ſpeed to the Houſe, and narrowly Searcht it, but found not one perſon in the Houſe, or about it, beſides the Family belonging to it (and the truth is, the people only paſſed through the Court, and went to ſome other place, or about their Occaſions elſewhere, while the Farmer was Praying with his Family) Nevertheleſs, the Conſciences of theſe Informers were ſo prodigiouſly Debaucht, and Cauteriz'd, that they took their Oaths before Mr. Bear, and Mr. Bruton, that they ſaw a great number of perſons go into the Houſe, and that there was at that time a great Number there. Mr. Bear, who called his Neighbour Juſtice Bruton, to aſſiſt him (one ready enough for ſuch an undertaking; which makes the Fanaticks in thoſe parts, ſometimes beholden to the rude Bayliffs.)

Goes out of his own Diviſion to Execute the Law; comes therefore to Mudbury a day or two after, and makes a Warrant to this purpoſe, That whereas they are Credibly Informed, that now there is a Conventicle at ſuch a place, theſe are therefore, &c. The Informers accompany the Officers to the Farmers houſe (this Lye being forg'd and fram'd to attain their end) and violently Break open the Doors (there not being one perſon within) and enters the Houſe, which when they had done, the Informers ſhew'd the Officers another Warrent immediately to take Diſtreſs; to work therefore they go, and empty the mans Houſe of all his Goods, leaving him neither Bed, Pot, nor Pan, Diſh nor Spoon; they took away his Sider, and ſold it for about Four Shillings a Hogs-head (as they did all other things at an under Value) and I hear likewiſe his very Fewel, which was for the Twenty Pound that was Levied upon him, by which the poor man is almoſt, if not utterly undone. Should I write all the unjuſt, and Illegal Actings of this (by an A…tiphraſis) Juſtice Bear, it would make theſe few Sheets ſwell to a conſiderable Volumn: However I will Epitomize a few more before I have finiſhed this Narrative, and bring them within as narrow a Compaſs as I can, that it may be known how much his Majeſty is abus'd, and diſhonour'd by ſuch Oppreſſing, and empty Perſons; who only Proſtitute Authority to Contempt, and Gratifie a ſingle particular Intereſt, which will be found too narrow a Baſis for our vaſt Structure, and too weak a Leg for our great and Bulky Body Politick, to ſtand long upon.

I have in the preceding part of this Narrative, told the Reader of Fifteen Informers (or very near the Number) who as Volunteers, Invaded, and Beſet in a moſt Hoſtile manner Mr. H. his Houſe at Kingsbridg, the 12th. of June, 1670. Among whom, there was one John Lucas, who ſtood at the Back-door with a Piſtol, threatning to Kill any that come out, which was the cauſe why he was Diſarmed, being bound before to the Peace, or good Behaviour, and deporting himſelf ſo Minaciouſly, without any Authority. This Lucas, in the Month of December laſt Sickned, and Died the beginning of January; when he was Dead, his Informing Brethren Mr. Bear, and the reſt, threaten that ſome ſhould ſuffer for Murdering him. Mr. H. the latter end of Auguſt, leaves the Countrey about Eighteen Weeks, and near the time that the ſaid Lucas died, his Adverſaries conjectur'd, he was returned in Devon. They reſolved to make him guilty of this horrid Murder, as they reported it to be (though while Lucas was well, and in health, he never Accuſed him for Beating, or Aſſaulting him at the time ſpoken of, or any time after) Juſtice Bear being return'd from the Seſſions, preſently enquires into the pretended bloody Fact. Lucas his Widdow, ſhe ſwears before him (who was then the Head of this Informing party) that when he lay upon his Sick-bed, he ſaid that Mr. H. came out in the Head of Threeſcore men (or near that Number) and Knockt him down, and that Eight perſons more, viz. Mr. Bevil Baſtard, Mr. Henry Luke, William and Richard Gilberd, — Merrigame, J…hn Leech, Nicholas Hexome, and John Bowen, fell upon him, and Beat him ſo cruelly, than he was never well after, but gradually Languiſht, which was the cauſe of his Sickneſs, and ſo of his Death; her Father Kiſland (a Fellow that Lucas was heard to ſay, not long before he fell ſick, would for a Groat betray, or take away any mans Life, or words to that purpoſe) Swears that when he was ſtript, there were the Impreſſions of the Blows, which he called Stripes, upon his Back; this being done, Juſtice Bear grants forth his Warrants to Apprehend all theſe Perſons upon Suſpition of Murder; they all yield themſelves, but Mr. H. (who was not at home, nor hath been for many Months) Mr. Bear refuſed to Bayl them, though the Caſe will admit thereof, to the Goal therefore they muſt go; the Mittimuſſes of ſome of them were made, but two other Juſtices did Bayl them, either not being ſo Ignorant of the Law, or not ſo Malicious as himſelf, Now though this Juſtice and the reſt of the Informers confidently Report, and Aſſert, that this was a moſt Bloody, and Barbarous Murder, yet they Bury him, never endeavouring, and it's likely never intending, to have him Crown'd; a Coroner indeed came not long after, but did not his Office (I will not confidently avere that Mr. Bear, or any other, did tamper with him privately to be gone, knowing that no Stripes would be found upon his Back.) But the Accuſed knowing their own pure, and ſpotleſs Innocency, were reſolv'd to have him Crown'd, and accordingly ſent for a Coroner, who came and Executed his Office according to Law. When his Jury was Impanel'd witneſſes on both ſides, with Impartiality were Examined. Lucas his Widdow, and her Father ſwore as before the Juſtice (except as ſome ſay ſhe accuſed not Mr. H.) to whom was added a new Witneſs, John Bear (a Fellow that not long before took an Oath before a Juſtice of Peace, that Mr. John Tripe of Kingsbridg, was at a Conventicle, when he was ſick at home) who ſwore that going with Lucas to find a Conventicle, he Riding and the other walking on Foot; and not holding pace with him, he aſked him the reaſon why he could go no faſter. To whom he replied: He was never well ſince he was Beaten at Mr. H. his Houſe. After the Evidence of theſe three was taken, then were Witneſſes for the Accuſed Examined; who were firſt his own Natural Parents, its well known in the Countrey where they Live, that there was much Love betwixt theſe and their Son, that he was very dear to them; inſomuch that his Affectionate Mother, from the Intenſneſs and Strength of her Love, when her Son was taken out of the Grave, after he had putrified there a full Fortnight, Embrac'd him (as if by her own warm Boſome, ſhe would have Reanimated, or given him a ſecond Life, or breath'd her own into him; yea, ſhe abundantly wept over him, as if with a Flood of her own Tears, ſhe would have waſht away the Filth, and Corruption of his Body) Certainly then if they had Apprehended, or Suſpected theſe Perſons, or any other to have ſhed his Blood, they could not have been backward to proſecute them; but they being convinc't of the contrary, they Voluntarily take their Oaths that to their Apprehenſion, their Son was us Healthful, Strong, and Lively from the 12th. of June, to the time he ſickned, as ever they knew him, that they never heard him complain of any of the Accuſed doing him wrong, or hurt: They further Sware, that all the time of his Sickneſs, they never heard any complaint of this Nature, and that they did believe in their Conſciences he had no wrong, or harm done him by the Perſons Accuſed; and for the Stripes upon his Back that Kelland ſware to, they did judg them nothing but Strikes made with the folding of his Shirt, and Waſt-coat, lying much upon his Back. Another Witneſs was his Phiſitian, who Atteſted upon Oath, that he died of a Putrid Feaver. A third that gave Evidence, was a Fellow-workman with him, who did Swear that the next day after this pretended Beating was, he came to work with him, and he aſked him if he was Hurt by Beating the day before? and he anſwered, No; And further he Witneſſed, that he wrought with him Seven Weeks together, and that all the time he did his Work (being a Carpenter) as Luſtily, and Lively, as ever he knew him to perform it. William March (who is lately Dead, but while he Liv'd, was known, and approved to be an Honeſt man, and Peaceable man, by all his Neighbours) had not Providence prevented his coming, would as he intended, have taken his Oath, that he, being next Neighbour to Lucas, heard him the Evening of the ſame Day in which it's ſaid he was Beaten, ſpeak theſe words, as he was walking in his Garden with another man: That he had no more hurt than himſelf; when he aſked him the Queſtion, whether or no, he was ſo Beaten. And further told him, They did, or might Strike one another; but they could not Strike him they ſtood ſo thick: This, William March often while he Lived, affirm'd to be a Truth; but though he was now wanting to give in ſuch material Evidence. Yet the former with Barbary Cawſeys, who (being Mr. H. his next Neighbour) was in her own Court, or Garden, a Spectator at that time, was ſo Pertinent, Demonſtrative, and Satisfactory, that there was no need of any more.

Evidence therefore being thus given on both ſides, the Jury Adviſe, and Conſult together, what Verdict to bring in; the far greater part preſently concurred in their Judgments, that Lucas died a Natural Death; Three or Four diſſented from the reſt, which cauſed a Debate, and Things to be Argued Pro and Con, ſeveral Hours: Then one Mr. Ford (who hath good Judgment and Skill in Chirurgery) being a Juror, declared his Opinion; That if Lucas had Sickned, and Died of any Blows that was given him ſo long before, they muſt have Impoſtumated before that time, and this gave general Satisfaction: So the Verdict of the Jury was, that he died a Natural death, by the Viſitation of God.

Notwithſtanding this Search is not only the Mortal, but Immortal hatred and malice of this Juſtice Bear againſt Mr. H. That about three Weeks after he grants forth a Hue and Cry, to purſue him for Wilful murder; when his u…ſi…e fury could not reach him any other way: And though by Vertue of his Warrants, his Houſe had been Searcht for him ſeveral times before, yet now he is reſolved to make thorow work (ſuppoſing him to be in that Countrey, when he was not) on a Saturday Night therefore about Ten a Clock, came the Conſtables of Kingsbridg, with moſt of the Informers for their Guard, and many others, to the Number of near Thirty Perſons, and Beſets his Houſe; to whom his Wife opened the Doors, a ſtrict Search then they make for him: One of the Conſtables commanded to Stab any that ſhould go out (a Fellow lately put into that Office by Mr. Bear, who was never iudg'd fit for it, or capable of it before) but not finding him there, they made a further Search, very diligently all that Night in the Town, diſturbing many Families; and among the reſt, they re…uire ſome Quakers to open their Doors (though no doubt they expected him not to be ſhelter'd in their Houſes, as the Sequel declares, from whom he had met with ſo much Diſturbance, and Oppoſition in Preaching) and when they were got in, they violently took away their Goods. The Sabbath-day in the Morning early, they leave Kingsbridg, and go to Weſtalvington, where a Search was made in ſome Gentlemens Houſes, but to no purpoſe; from thence they proceed to Milton Pariſh, from it to Hughes, ſo to Salcomb, thus they ſpent the Sabbath: And after they had by their great Labouriouſneſs, and Diligence tyred themſelves, they gave over, not finding their Prey, having Searcht near Thirty Houſes: How unwearied, and implacable is Malice, how ſweet is Revenge?

When the Aſſizes begun at Exon, the eight Perſons ſpoken of before, according to their Recognizance, made their Appearance, and the Grand Jury debated the finding of the Bill of Murder againſt them, which continued from Wedneſday, or Thurſday, till Munday (when the Aſſizes were nearly concluded) the Gentlemen being divided Thirteen againſt Twelve; the greater Number were for finding it an Ignoramus, but the Twelve were for finding Billa Vera. Now the Reaſon why there was ſuch a Number for it, was in all probability ſome Under-hand dealing with the Under-Sheriff, Mr. Norman in Exon; for Sir John Davy, the chief Sheriff of the County, had ſent a Liſt of ſuch Gentlemen to Mr. Norman, as he deſir'd the Grand Jury ſhould conſiſt of, with Orders to warn them; but he not liking what his Maſter had done; without acquainting him with it, takes upon him to alter his Liſt, leaving out whom he pleaſed, and warning ſuch in their ſtead as he judg'd more fit, and ſuch as he knew would gratifie the Malice of the others, whatever it did his own. Notwithſtanding therefore, all the care of that Honourable Perſon Sir John Davy, to have a Grand Jury, in reference to all Concernments that ſhould come under their Cognizance, of Sober, Solid, Judicious, and Honeſt Gentlemen; it was now in a great meaſure otherwiſe Conſtituted, there being thoſe that without any reſpect to Equity, and Juſtice, would take away the Lives of thoſe called Fanaticks. The Bill being now found, the Priſoners were called to the Bar, where they Pleaded not Guilty, and then came to their Tryal, which laſted about three Hours; in reference to which, I ſhall give an Account both of the prodigious Perjuries of the Witneſſes for the King, and the Partiality (to give it no worſe Name) of the Judg, before whom the Tryal was.

And while I preſent to the Reader ſome of thoſe Sowre Grapes, which theſe Plants ſo far Degenerated from all Truth, and Righteouſneſs, brought forth; I ſhall begin with Mr. John Bear, the Juſtice, who being called to be a Witneſs againſt the Priſoners, Swore as if he had no Senſe of an Omniſcient Deity, or a Divine Nemeſis, to take Vengeance upon him, for his unparrelled Perjuries. The Sum and Subſtance of his falſe Oath, is, That Lucas was almoſt Beaten into the Ground, that the Priſoners did lye upon him, and Beating him, had made a Pit in the Ground, enough to bury him in, (which muſt be very large conſidering his great Dimenſions, but its likely this Gentleman was reſolved to Swear Rhetorically, by an Hyperbole) when the Ground the Pit was made in, was only a very ſoft Dunghil, and many People paſſing over it, at that time, had Trod it down, and made ſome Holes, or Pits in it; at this deſperate rate he went on Swearing Roundly, and Smoothly, but with ſuch a ſtill and low Voice, that the Priſoners at the Bar, could not diſtinctly hear him: Therefore Mr. Luke, humbly deſired the Judg, that he would command him to ſpeak more Audibly, which being ſo Juſt and Reaſonable a Requeſt, was granted; in obedience to the Judg, he raiſed his Voice a degree higher, but yet not Loud enough to be heard by the Priſoners (from all probability he was unwilling they ſhould hear him, that they might not except againſt any thing he Swore, and ſo all might be credited by the Jury, and likewiſe his Conſcience might fly in his Face, and tell him what monſtruous falſhoood he did atteſt) Mr. Luke therefore moved again, that he might more extend his Voice: Which at laſt doing, he deſired the Judg to ask him; Whether he ſwore thoſe things from his own knowledg? The Queſtion being aſkt him, he replied No, but he was informed of it, and had heard ſo. Now he was pincht to the purpoſe, for if he had anſwered Affirmatively, there were thoſe preſent (which he was not ignorant of) that could prove the contrary, he not coming till after Lucas was diſarmed, and upon his Legs, and when there was no perſon in the leaſt that did moleſt him. How may the Reader ſee what bloody Malice, Prompted, and Acted, this Juſtice Bear, to precipitate, and hurry himſelf into the abſorping Gulph of Perjury. For ſuppoſing all had been Truth which he Swore, yet it's Falſe-ſwearing in the ſight of God, to Swear what he had no certain knowledg of, (ſuch knowledg being an Eſſential Conſtitution of a right Oath, as the Divine Oracles, and Caſuiſts do Determine) and it's very probable, he contracted more of this dreadful Guilt upon his Soul: For he further Swore, that a little before Lucas his Death, he was with him, and that then he heard him charge his Death among others, upon William Gilberd; and yet afterwards, when the Queſtion was aſked him, Whether Lucas did not Acquit the ſaid W. G. before Mr. Hele (then one of his Majeſties Juſtices) after he had Accuſed him upon Oath, for Beating him, he confeſt he did; it being ſo known a Truth, he could not deny it. Let the Impartial Reader judg, that rationally it muſt be diſſonant from Truth, that L. who had Acquitted J. before a Juſtice of Peace, would ſo long after, charge his Death upon him: And though Mr. Bear ſwore he did it upon all the reſt, yet this having the ugly Viſage of a Lye, what may we judg of the whole, but that it was a Contexture, and Concatenation of many notorious Falſhoods together. Now we will leave Mr. Bear Immerſt, and Drown'd in the dreadful Guilt of his Perjuries (though afterwards we ſhall find him ſinking deeper) and proceed to another deſperate Swearer, by Name John Roope, in the Pariſh of Cheſtow: He Swore, that when he came he found Lucas lying upon his Back in a Wet, or Dirty place, and John Leech, and H…xome upon him; and that Lucas was ſo weak, and Spent, when they roſe from him, that he had not ſtrength of himſelf to riſe, but was help…, or liſted up by him: But Barbary Cawſ…y witneſſeth (who was a Spectator, ſtanding upon the Hedg that parts betwixt Mr. H. his Garden, and here, under which Lucas was thrown down, and lay at that time when R. came, ſo that ſhe had him full, and perfectly in her View) that its true J. R. coming immediately as H. ro…e from L. he took him by the Arm, but by his own ſtrength, with much Ni…bleneſs, and Quickneſs, he Leaped, or Sprung (but was not Pull…d) up, and threw his Arms about him, crying out with great Vehemency, and Voceferations, There's the Rogue (pointing to H.) that took away the Piſtol; and to give a clear Demonſtration, that he was not ſo ſpent, with great Force and Fury (Mr. B…ar with ſome other Informers, being then in ſight for his encouragement) fell upon H…xome, wrapping one hand in his Hair behind, and pulling back his Head with the other hand, gave him ſuch a Blow upon the Mouth, that he ſtruck him down to the Ground, where he lay a conſiderable time before he could riſe, being depriv'd of his Senſes by the force, and greatneſs of the Blow.

The next Witneſs againſt the Priſoners, that I ſhall give the Reader a faithful Account of, is, Walter Campion, (who bears the Bell away from all the reſt of his Perjur'd Brethren, being a moſt profound Sink of Lies, and Abyſs of Falſhoods, to whom the precedency of all the Knights of Poſt is due) who Sware he ſaw the print of Forty ſtrokes in the pilm upon his Back. Roope ſwore, he hearing a great Tumult in Mr. H. his Court, haſted with all ſpeed thither (and it was no great diſtance from him) where he found Lucas down upon the Ground, and lying upon his Back, but ſaw no man ſtrike him; it's ſtrange then that he ſhould have ſo many Blows given him, in ſo ſhort a time, and that in a Throng, and Crowd, where one hinder another (as William March heard L. ſay in his own Garden, they could not ſtrike him, they ſtood ſo thick) he could not have them when he was thrown down, becauſe he lay upon his Back, as J. R. ſwears; and it's ſtrange he ſhould receive ſo many behind, and not one before that did appear, or was ſpoken of; either they were moſt baſe Cowards, that would only Aſſault him behind, or he was a notorious Coward that would not face about to defend himſelf. But any Impartial Reader may ſee by this, if no more ſhould be produced to Demonſtrate it; What a Diſperado this Campion is for Swearing? But to evince this Perjury more clearly, let it be conſidered what J. R. Swore, viz. That he found Lucas upon his Back, in a Wet or Durty place (which is a truth, for there many times Water runs, and there is always Mud and Durt) the Forty blows then that C. ſwore he ſaw, muſt be either before he fell, or after; before it could not be, becauſe he was thrown down before R. came, who came before Campion; after, no man can rationally ſuppoſe it to be, becauſe he lying in a Wet place upon his Back, the Pilm, or Duſt muſt be removed, or changed into Durt, ſo that no Prints, or Impreſſions of Blows could be ſeen in it; yea, if it had been in a Dry blace he fell in, yet Tumbling, and Strugling upon his Back, would have defaced them altogether, or rendred them very undiſtinguiſhable; it's ſtrange further, that ſo many Blows ſhould be unobſerved by all the reſt, as if he who had a more notorious Lying Tongue, ſhould have a more quick and piercing Eye, than all his Brethren had. And take all this in Conjunction with what Barbary Cawſey ſwore, that ſhe was a Spectator, and Obſerver of all Paſſages both at the beginning, and the end, and ſaw not one Blow given him; and that ſhe heard the people, or ſome among them ſay; Strike him not a Blow: And then the incedibility of all that he Swore in reference to this particular will be moſt manifeſt. So I will leave this, and proceed to another piece of Perjury as Infernal, and Tremendous, as the former, that he was Guilty of in the open Court, where he Swore twice (to render Mr. H. as oudious as he could) once when he was call'd to be a Witneſs againſt Mr. H…, and Mr. Baſtard, for neglecting their Duty as Juſtices, in the Execution of the Act againſt Conventicles; and now when he was a Witneſs againſt the Priſoners, that the ſaid Mr. H. near the time that the Act againſt Conventicles was in Force, threatned, that if any man came to Diſturb him in keeping them, he would Knock him down, ſhewing him a C… as he term'd it, near as thick as the wreſt of his Arm; to whom, Campion ſaid, he Reply'd, You may miſs your blow, and if I cloſe with you, I may prove as nimble as you (or words to that purpoſe) and further ſaid, he was not affraid of him: To whom Mr. H. replied after this manner, Sav'ſt thou ſo, and pulling out of his Pocket a Ste…etto, or long Daggar Knife, turn'd the point of it towards him, and told him, there was that which ſhould pick his Teeth. That the Reader may know the matchleſs Empudence of this Fellow, and what a Debaucht, Profligated, and Canterized Conſcience he hath, which Generates his moſt Horrid, and Helliſh Perjuries, I will give him a True, and Faithful Relation of this Matter; as Mr. H. calls the Searcher of Hearts to Witneſs, and Verbo ſi…erdotis, doth proſeſs. Which take as followeth:

About the midſt of December, 1669. Mr. H. had a Horſe dangerouſly wounded, and employed Campion to cure him, who came to his Houſe to dreſs him; and one Evening before he went away, he aſked him if he would Drink, which Campion accepted of: He then put it to his choice, whether he would drink Beer, or Sider. Campion replied; He could drink Beer at home, and he knew Mr. H. had good Sider, therefore he would rather chuſe that; which when he had drunk, he commended it. Mr. H. at that time had a Staff in Hand, which Campion took notice of, and ſaid, it was a good one: To whom he replied; That he had rather have ſuch a Staft, than a ſmall Rapier, ſuch as now was in uſe. Then ſaid Campion, But what if one ſhould give you a prick? Mr. H. again: Poſſibly he might put by one thruſt, which if he did, he would prevent the ſecond, if he got one blow at his Adverſary that ſhould Aſſault him. Campion ſpeaking of his Skill in Fencing, and what Feats he could do with a Sword: Mr. H. told him (which was the Concluſion of the Diſcourſe) that if a man ſhould Aſſault him with a …o…d, he would be in ſuch a poſture with his Knife in his left Ha…d (…aking it then out of his Pocket) and his Staff in his Right; and if he p… by a Thruſt, he would quickly pick his Teeth. This Knife is indeed made after the form of a Daggar, with a little Croſs-bar, to prevent its run…ing th…h the Sheath; both Haſt and Blade, are but about a quarter of a Yard lon…. And when Mr. H. firſt had it, they were frequently, and commonly u…'d for cutting Meat, and for this purpoſe many Sober perſons uſe them …et: But in all this Diſcourſe, there was not one word relating to C…ve…icles, or in the leaſt bordering upon them, it being at that time when to Act was in Force againſt them, and ſeveral Months before the preſent Act was made; and Mr. H. never exchang done word with Campion, by way of any Diſcourſe, ſince he pay'd his Money for the Cure he wrought, which was a few days after it was done. And now I ſhall leave this Fellow a while, deeply Abyſt in his Perjuries, and under the heavy Preſſures of that Soul-ſinking Guilt.

Thomas Ford (that man of Magnanimity, and Might, already mentioned) Sware that Lucas was thrown down on his Back athwart a Gutter, which was pitcht with ſharp ſtones, over which, by the Head and Heels, they drew his Body. Now that the Reader may underſtand what a Brother in Iniquity this man is with the other, he muſt caſt his Eye upon what followeth, viz. That Tho. Ford was not there when Lucas was thrown down, and diſarm'd, neither ſaw he in what poſture he lay. He Swore further, that Mr. Bevil Baſtard, and Mr. Luke, cry'd, Kill the Rogue, Knock down the Rogue, and yet he was not there (as before is aſſerted, and can be prov'd) when Lucas in ſtrugling for the Piſtol fell, or was thrown upon the Ground; and none can prove, or doth affirm, that one Minacious word was ſpoken after he got up. I need not declare the Perjuries of Lucas his Widdow, or her Father Kelland, they being much the ſame at the Aſſizes, that they were before the Coroner, except one Addition that Kelland made, viz. That Lucas not only from time to time complained of his Beating, but ſpit Blood, and brought up Knots of Blood as big as French Nuts at his Mouth, and that much Blood went from him by Stool. To all that hath been Evidenced by ſuch near Relations, and others to prove Rationally the contrary, I will add the Authentick Evidence of Mr. George Sutchcot (who is known to be no Friend to Non-conformiſts, nor their Meetings; but a moſt Intimate and Familiar Converſer with the Informers, being judg'd by many to be an Abettor, and Encourager of them) which was this. That though Lucas the next day after his pretended Beating, complain'd to him thereof, yet he wrought with him ſeveral Months after, without failing any thing in his Work, and he never heard him to complain more of it. I could Write much more to Confirm what hath been Aſſerted, but let this Suffice, till there be need of further Evidence.

I will now proceed to the Narration of the Judges Partiality, I will not ſay Injuſtice, and apparent Malice. Firſt, It's evidenced that the Judg came Prejudiced to the Tryal of the Priſoners, and had hearkned to their Enemies Informations before he came; for at Mr. H…les Tryal at the Niſi Prius Bench, when there was an occaſion to ſpeak of the Conventicle held at Mr. H. when Lucas was diſarm'd, and of the Barbarous, and rude Carriage of the Informers; he juſtified them, and ſaid, it was well they were all Arm'd (or word to that purpoſe) or they might all have been Murdered at it as Lucas was, whom he declar'd was then Murdered, for want of Arms to defend himſelf: All which was before the Tryal of the Priſoners, whereby it evidently appears with what prejudice he was poſſeſt, and how little he intended to do Juſtice.

He gave alſo the Witneſſes againſt the Priſoners, the utmoſt Liberty to declare themſelves; and when Mr. John Bear Swore ſo deſperately by Hearſay, and Information, and Ro…p, and Campion, did in their Oath contradict themſelves, he took no notice of it: But the Witneſſes for the Priſoners were Snib'd, and Diſcouraged not a little by him, he lying ſtill at the Catch, to make their Evidence to Interfere; he uſed likewiſe all ways to Nonplus, and daunt them, that they might not have boldneſs to declare the Truth. The Mother therefore of Lucas, when ſhe came to Evidence for the Priſoners, he aſked her, How much Money was given her for her Sons Blood? And told her, ſhe came to Sell it for Money (or words to that purpoſe) he Tauntingly, and Scornfully reflected upon Mr. Baſtard likewiſe, who was deſired to be a Witneſs for the Priſoners; ſaying, He thought it a fine thing to ſtand there to own a Cauſe. So he dealt with another Perſon (who was a material Witneſs in the behalf of the Priſoners) floutingly: Telling him, That he was dreſt up in a Coat, or Cloke, with a fine made Story. To another Witneſs Jeeringly, and Scoffingly, he ſaid: He did believe that ſhe was one of them, for ſhe did Tone it out like one of them. The Coroner likewiſe being deſired to ſpeak ſomething of the death of Lucas, was ſuffered to ſay little or nothing, the Judg telling him, That Coroners were wont to be Tampered with: And when he came to give Inſtructions to the Jury, and to Sum up the Evidence, againſt, and for the Priſoners, he Omitted moſt of the material Circumſtances that made for them; and told the Jury they muſt find it Wilful Murder, or nothing. And when the Jury brought in their Verdict not Guilty, he ſeem'd to be diſcontented, not letting the Priſoners depart, without Slurring them in the open Court, and rendring them as Odious as he could: Telling them, That though Men had Acquitted them, yet there was a God that knew they were Guilty, of that they are charged with (or words to that purpoſe) I ſhall leave the Impartial Reader to Judg thereof.

And now that none may Ignore, or be Unacquainted with the true Ground and Reaſon of this Violent, and Virulent Proſecution of ſo many Innocent perſons: I ſhall but briefly relate a few Paſſages, viz. George Bear's words (who Swore deſperately enoug among the reſt) who when he heard what full Evidence was given for the Priſoners, ſwelling with Indignation, burſt forth into theſe Audable words, which contain'd a Diabolical Imprecation, to this purpoſe: The Pox of God take them, they will be all Acquitted. The Widdow of Lucas returning home, did Chide her Mother in Law, for the Evidence ſhe gave, and told her if ſhe had been good (or words to that purpoſe) ſhe might have got her a Thouſand Pound: The Mother replied, What Advantage could it be to you, if the Priſoners had been Hang'd? The Widdow replied, Rather than ſo they would have given her a good part of their Eſtates. Juſtice Bear, when the firſt Examination of matter of Fact was, and Lucas his own Father was Summoned before him, who Swearing that they were but Strakes upon his Back, made with the folding of his Waſtcoat, and Shirt, which Kelland ſwore were the Impreſt blows; he commanded his Clerk to Write down Stripes. The Coroner that came firſt, (as I have told the Reader) went away without doing his Office: I will not abſolutely determine who was the cauſe, or what was the reaſon of it; but we have another Notorious Exidence, and Circumſtance of Fact, from Mr. Bears ſending for the Coroner, that came upon notice given him by the Accuſed, who refuſed to go. Now I leave it to the Ingenuous, and Judicious Reader, to determine in his own thoughts, whether this eager Proſecution was to Vindicate Inn…l Bl… ſpilt, or to ſpill Innocent Blood, Now if it be queſtioned by any, What's the reaſon Mr. H…ks did not appear with the other Eight, that his Innocency aſwel as theirs, might be cleared? The Anſwer is briefly this: That he being at ſome conſiderable diſtance from his own Houſe, when Mr. Bear ſo Illegally, and Maliciouſly purſued him with a Hue and Cry, and never being where it came, he judg'd it fit, with many others, to take no Notice of it, but enioy his Liberty till the Aſſizes; when, if he were Accuſed to the Grand J…ry, and the … of Murder found againſt him, with the Feſt, he intended to make his Appearance, and put himſelf upon his Tryal, if he could have any hopes of Juſtice, and Moderation: But underſtanding how the Judg did prejudg the …act, calling it Murder, when the Tryal was betwixt Mr. H…l…, and one of the Informers; and how thoſe that were witneſſes then againſt Mr. H…l…, did moſt prodigiouſly Perjure themſelves, and who were to be Witneſſes againſt himſelf; and not being Ignorant how Active, and Induſtrious ſome … ſ…aſticks, or Hierarchiſts, were to Ruine him if they could ( …aving … ſt… a…arn'd; for that end, ſome ſaying, … him, … …ld H…g for all the reſt) conſidering with all theſe things, the Care and Induſtry of the Under-Sheriff, to have a Grand Jury ſo Conſtituted, as the B…ll of M…rder might be found againſt him, with the Reſt. He had good reaſon to Suſpect, and Fear, that he had alſo provided ſuch a P…tty J…ry, a… would gratifie the Malice of his Enemies, and into whoſe hands it would not be ſafe for him to put his Life. Upon all theſe diſadvantages he thought it not fit to yield, and give up himſelf to thoſe who Intended, and Attempted ſo Voraciouſly to make a Prey of him. If it be ſaid — Hic ma…s ab…s …, &c. And that Abſconding, and Flying, argues Guilt. I Anſwer, That ſometimes the moſt Unſtained, Unſpotted Righteoſneſs, and Virgin …en…, cannot ſtand before malicious Fury, and powerful Malice, or devouring Envy Arm'd with power (which made the w…te M… ſay, T… …metimes the Righteous d… …eri…h in his Righteouſneſs, th… r…gth… that … juſtifi… … wicked, and co… the other, though both be …) and when it… ſo, it's no diſhonour to any perſon to ſecure himſelf by …ight; … doth it Adminiſter a juſt ground of jealouſie in any other, that … the caſe of Guilt, which it cannot in the leaſt Infer. What Mr. H. doth, many who have been in the ſame Circumſtances, have done. But this is not all that he hath to plead for himſelfe; For there is Impriſonment, which his Enemies deſign againſt him, ſo if they cannot deprive him of his Life, they will of his Liberty; and Liberty being more Eligible, and D…able than Reſtraint, he is reſolv'd to enjoy it as long a… he can. And … he deſirs may be Publiſhed to the whole World, that let him have a … before a Juſt, Upright, and Unb…aft Judg, and have a Jury of Indi… … Indicious perſons, not choſen by Malice, and Prejudice; and … …f he be not found Guilty, he ſhall have his Liberty, He will p… … it, for the clearing of his Innocency.

I now proceed to give the … fully, and Impartially of the Tryals that were betwi… … …n Baſtard, Eſquires, and Mr. Edward R…ynel, and J… … or Bear, for pretended Neglects of putting the Act againſt Conventicl… in Execution, &c. The firſt Infomer Sued Mr. Hele for three Neglects, and ſo was in hopes of having one Moity of Three Hundred Pounds, however his Majeſty would diſpoſe of the other (it's likely he was not without hopes of it, as the Merited reward of his Signal, and eminent Service) now let the World know the Ingratitude, and Diſingenuity of Edward Reynel, towards Mr. Hele, not only as he is his God-Son, but as he at that time Owed him ſeveral Sums of Money, both on his own, and Fathers Accounts; his Elder Brother, Mr. George Reynel (the Priſoner in the Kings-Bench, and the Juſtice) Owing him likewiſe an Hundred Pound, which his Lady ſent for ſome Years ſince, to pay her Phiſitians with, and had it from him, only on her ſingle Letter, without Bill, or Bond, and which is not Paid to this day, He is now reſolv'd to requite Mr. Hele well, for all his Civilities, and Favours ſhewed to him, and the Family. The other Informer Sued Mr. Baſtard, for two Neglects, and now thought to enrich himſelf with the ſhare of the Two Hundred Pound, thereby to get above the Diſgrace, and Contempt of Poverty: Non habet infaelix paupertas durius in ſe, quam quod rediculos homines facit— In this Account which I give, I ſhall as before Methodize, and Digeſt it into this Order. Firſt, To relate the Perjuries of the Witneſſes that ſware againſt both the Gentlemen, and the hard Meaſure they met with from the Judg; who ſet himſelf with that Violence, and Vehemency againſt them, that it was obſerved, and ſpoken of generally with Abhorrency, and Deteſtation.

When Mr. H. Tryal was put forth after four days Attendance on the Aſſizes, and the Jury call'd, Robert Adams, of Malborough, being the Foreman of it, was excepted againſt by Mr. Bear, the Juſtice (who was not long before the Principal Informer) as an Excommunicated Perſon, for which he took his Oath in the Court, whereby the ſaid R. A. was Incapaciated to ſerve in the Tryal, relating to Mr. H. and Mr. B. Now the Reader muſt know, that the foreſaid Perſon was ſuſpected by the Informers, to Favour, or bear Good-will towards thoſe they call Fanaticks; and they could contrive no way to remove him but this, to prove he was not Capable of ſerving as a Juror (which by the Law no Excommunicated perſon is) Mr. Bear therefore he undertakes for an Expedient, and that is, to call the Omniſcient God, and Him that is Eſſential, and Eternal Truth, to be a Witneſs to a Lye. For ſince the Aſſizes, it hath been enquired into, and found that Robert Adams was not then Excommunicated. M. Bear further Swore, to Aggravate Mr, Heles ſuppoſed Neglects, that the Inſolency of Conventiclers was grown to that height, that all Loyal Subjects had juſt cauſe to fear a Rebellion: That they (ſpeaking of Mr. Hicks, and the people he Preacht too, did not only Uſurpt the Pulpits of Lawful Miniſters, but pull'd them out of their Pulpits, and laid Church-wardens that came to Suppreſs them, flat on their Backs in the Church, and broke open Church Doors, &c. all which things, if Truths, Mr. Bear was never an Eye-witneſs of: But what Notorious falſhoods theſe are, the whole Countrey round about knows. It's ſtrange, and moſt Inconſiſtent with Reaſon, that they who were continually Attempting to bring Mr. Hicks into trouble for Preaching, ſhould never take …o great, and fair an Advantage againſt him, as hereby they had. If Mr. Bear can produce one Church-warden, or any Officer in a Town, or Pariſh where Mr. H. Preacht publickly, that will affirm, that either he oppoſed him, or that any Aſſault, or the leaſt Violence, and Incivility was offered by him, or any of his Hearers, upon the Account of his Preaching; or can bring one Miniſter to prove that ever Mr. H. or any of his Hearers did diſpoſſeſs him of a Pulpit, when he was in it; or that any Church Doors were Broke open to poſſeſs the Pulpits, then will I engage Mr. Hicks ſhall appear at any Aſſizes, or any other time, to ſuffer whatever any Law in the utmoſt Extremity can Inflict upon him, and promiſe never to Indite Mr. B. for Perjury.

The Jury being Sworn, one Witneſs upon Oath, Swore that Mr. Hele refuſed to take Informations upon Oath, that there was a Conventicle at Mr. Hicks his Houſe, May the 19th. When another of them upon his Oath did confeſs, and acknowledg, that Mr. Hele did take their Informations, which alſo ſeveral perſons of Mr. Heles Houſe, did Atteſt. As for the other two Neglects Mr. Hele was charged with, and Sued for, which were in one day, June the 19th. 1670. I ſhall ſpeak nothing concerning them, till I relate the Carriage of the Judg, in reference to them.

When the Tryal betwixt Mr. Baſtard, and John Bear, was put on for two Neglects, the firſt being for the 29th. of June. Likewiſe, one of the Informers, and the Dog-whipper, Swore they came between Twelve and One a Clock, to Mr. Baſtards houſe, to Inform of a Conventicle near Kingsbridg, in Mr. H. his Houſe; and that it was three miles betwixt Gorſton (where Mr. Baſtard dwells) and Kingsbridg; but the contrary to all that they affirmed upon Oath, was ſo fully prov'd, that all who heard it, might, and moſt were convinced what perjur'd Miſcreants they were: Campion Swore that he ſaw Miſtriſs Baſtard, Mr. Baſtards Wife, at the ſame Conventicle, whereas it can be prov'd ſhe was elſewhere, by ſeveral Witneſſes. Should I publiſh to the World all the falſe Oaths, and Voluminous perjuries of theſe, and other Witneſſes, the Narrative would break the bounds, and ſtretch it ſelf far beyond the Conſines, I intend it ſhall be kept within. I ſhall now conclude all with the Carriage of the Judg, who ſuffered without any Check, Mr. Hele, and Mr. Baſtard, to be Jeared and Flouted, and high Affronts put upon them, by ſuch Humuncios, and Dregs of Humanity, as Campion, the Smith, Leech (the Judas) that's glad of a days work in the Countrey, the Dog Whipper, and others. When Campion ſwore he ſaw Mr. Baſtards Wife at a Conventicle, and the Judg aſked him, How he knew it was her? He moſt Saucily, and Impudently replied: He could not tell whether ſhe was Married to him, or no, but he had had ſeveral Children by her, &c. And yet the Judg did not in the leaſt reprove him for, or ſhew the leaſt diſlike of his ſo ſhamefully abuſing Perſons of that Worth, and Honour, they are known, and eſteemed generally to be. When Leech ſware, That if Mr. Baſtard had been ſo zealous in Executing the Kings Laws, as he was to maintain Rebellion, the Conventiclers had been all Routed before that time; the Judg did not in the leaſt Check him, for that high and moſt ſcandalous Charge, but ſeemed rather to be delighted with it, and all the reſt of that filthy Traſh. He ſuffered likewiſe the very Council to be Flouted by ſome of the Varlots, as th… Campion, whom he permitted as long as he pleaſed, to Act the parts of a Fool in the Play, to make Sport for, and move Laughter in Court; and he himſelf Reflected ſufficiently upon the Gentlemen, inſomuch that one of them told him, if he were an offence to him, he would go out of the Court. Yea, he Laboured to Diſcourage their Councel, and to prevent their full, and effectual Pleading for their Clients: Telling them, he was ſorry to ſee any Plead in ſuch a Cauſe, bidding them for ſhame to hold their peace (or to that purpoſe) but ſaid, he thought what they did, was for their Fees. When the Councel for the Informers, had all deſirable Liberty to ſpeak, yea, and were often eaſed, and Aſſiſted by him. And though as to the firſt Neglect, Mr. Hele was Sued for, it was fully proved, that he did not refuſe to take the Informations of the Witneſſes, by the acknowledgment of ſome of them in the Court, aſwel as by the Evidence of his own Servants; and none could Swear that there was either Praying, or Preaching, or any Religious Worſhip diſſonant from the Liturgy, and Practice of the Church of England, at that time, but that about three Fields off (beſides a high Houſe, that the Voice was to aſcend over) they heard a Voice, which they concluded, came from Mr. H. his Houſe: Yet he gave a ſtrict charge to the Jury, to find for the Informers, the Plantiffs. Concerning the two other Neglects, which were for one day, the one for the Forenoon, the other for the Afternoon, how the Judg ſuffered Juſtice to take Place, and Sway; what follows may give the Reader ample Satisfaction. In reference to the Forenoons Neglect, the Witneſſes Sware that they were at Pool (Mr. H…les Pariſh Church) about Ten of the Clock in the Forenoon, to Acquaint him with a Conventicle at Mr. H. his Houſe, which was confeſt upon Oath by them, ended a conſiderable time before Mr. Hele had any Notice of it; and yet it was judg'd a Neglect, that Mr. Hele came not ſoon enough to Suppreſs the ſame: And as to the other pretended Neglect in the Afternoon, though Mr. Hele prov'd, he ſent immediately for his Horſes to be fitted for him againſt he came from Church; and after he had refreſht himſelf with ſome meat, he came to Mr. Hicks his Houſe, where he found neither Preaching nor Praying, neither could any of the Informers Swear there was any; but they heard a Voice of one in ſuch an Exerciſe, and that it was Mr. Hicks's Voice (which was deſperate enough, ſeeing Voices are many times as like as Faces) and that this Conventicle began at a Eleven a Clock, and ended at Two (which was more than Mr. Hele then knew) yet not the leaſt Grane of Allowance, muſt be laid in the Ballance for Mr. Hele; and whatever was ſaid by his Adverſaries, was ſufficient to Preponderate, whatever might rationally be pleaded, to Acquit him from the Guilt of a Witting, and wilful Neglect of his Duty (the moſt Rigid, and Severe Interpretation, being put upon all his Actions, and the ſmalleſt Circumſtance aggravated to the higheſt Pitch, that it was poſſible for Malice, and Prejudice to Rack, and Screw it up to) as that it's Contravertible, and Diſputable, whether the Act doth require a Juſtice of Peace to come in Perſon to any place, where he is Inform'd a Conventicle is, there's no ſuch Law expreſt; if there be any thing of that Nature, it's but very Darkly imply'd. And further, that he was Engaged in the Publick Worſhip of God when the Informers came: And ſhould he leave that, to Ride Three or Four mile upon an uncertainty at the beſt? (And if he had come, it had been to no purpoſe, there being no Meeting at that time) And after the Worſhip was over, it was moſt reaſonable that Nature ſhould be refreſht, before he Ride ſo far? And yet he came at the moſt probable time to find a Conventicle, which was about Two a Clock, the ordinary and uſual time, that Mr. H. was wont with the People, to meet at his Houſe. And certainly, if the Informers had not Alarum'd them by their coming, before the Juſtice, he had Surprized, and found them all like Bees in the Hive together; And when he came, none did Swear that there had been any Worſhip of God, only a Voice of one Praying, or Preaching, was heard, and it was Mr. Hicks's. And ſuppoſe it had been ſo, they did not Swear that it was to above the Number of Five: It's true, Mr. Hele found ſome Women in the Houſe, and he Aſkt them, How they came there? And how, or when, or to what end they came: How could he know? Mr. Hicks had a Child very Sick, and they were with his Wife, in the Chamber where the Child lay: And how this could be a Notorious Evidence, and Circumſtance of Fact (that is ſuch a Circumſtance, that carries in it, a certain Demonſtration of the Fact, coming within the compaſs of that Axiome, or, Maxim poſitâ Circumſtantia rei, ponitur res ipſa: For it's Abſurd otherwiſe to Interpret the Law the two former ways of Conviction, viz. Confeſſion of the Party: Or the Oath of two Witneſſes, being certain Quoad Nos, the laſt muſt be of the ſame kind) to him, that there had been Religious Worſhip, and differing from the Liturgy, and Practice of the Church of England; or a ſufficent Reaſon to prove him Guilty of a Witting, or Wilful Neglect of Duty, let all Sober, Impartial, or Unprejudiced men judg. However, the Judg ſtrictly chargeth the Jury (which deſtroys the Liberty of a Judgment of Diſcretion, aſwel as of Determination in them, and ſo makes Juries to ſignifie nothing) to find three Neglects, which is more than the Law (as many that are Judicious rationally ſuppoſe) doth charge him with, or any other man; for it doth not ſay Toties Quoties, or ſo often as a Juſtice doth not Convict of a Conventicle when he may, he ſhall Forfeit ſo many Hundred Pounds, but not doing his Duty he ſhall Forfeit one Hundred Pound; When our Wiſe Legiſlators intended, that Conventiclers ſhould ſuffer for every particular Crime, they Expreſs it: Why then ſhould we think, much leſs abſolutely determine, that ſeeing they have not expreſt it with reſpect to Juſtices of the Peace, that they did certainly intend it. The Jury having this charge given them, after ſome time, bring in their Verdict to the Judges Chamber, of Two Hundred Pounds for two Neglects only; at which, he was highly diſpleaſed, and would not receive their Verdict, till they brought it in for Three.

Mr. Baſtard producing ſuch full proof, and clear Evidence to Acquit himſelf from one Neglect he was charged with, and Sued for, he was reſolved to make him Guilty of the other; therefore, though Mr. Baſtard prov'd that he took all the Informations of the Informers, and every word that they ſaid in reference to the ſame, and every Name of the Perſons, that they affirmed were then preſent: To which Informations likewiſe, the ſeveral Informers put their hands, but without any proof, that there was either Preaching or Praying (Mr. John Bear upon his Oath, acknowledging he ſaw, or knew of no manner of Worſhip among the people; and the reſt, that there was no Worſhip contrary to the Liturgy, and Practice of the Church of England.) And notwithſtanding this, though Mr. Baſtard (that he might not Neglect his Duty) made a Record hereof as a Conventicle, which was put in at the next Seſſions; and the Money return'd of thoſe Offenders (whom two of the Informers ſware, were there preſent) ſo much as concern'd the King; yet the Judg declared it a Neglect, becauſe the Record was not Dated the Firſt day of the Seſſions, but the Third. Whereupon Mr. Baſtard declared openly, and in the Face of the Court, that he did not Neglect his Duty Wittingly, and Wilfully (which are the expreſs Words of the Act againſt Conventicles) for he could aſwel have Dated it the Firſt, as the Third day; but he knew nothing to the contrary, but that it was Valid enough if Entred, and Dated any time during the Seſſions (which are taken in a general Senſe, every particular day not being a New, or diſtinct Seſſions) and what Unprejudiced Perſons can rationally think, or judg otherwiſe: However, according to the Directions given to the Jury, he was Fined a Hundred Pound. Now if the Reader be curiouſly Inquiſitive to know what Judg this was, that ſo far Deviated, and Swerv'd from all Juſtice, and Equity, leaſt any other ſhould be cenſured for him, I muſt declare; it was Judg Rainford, who is profoundly Wiſe, and Underſtanding in the Law, Mild, Compaſſionate, and Impartial in the Adminiſtration of Juſtice, here in England (for ought I ever heard to the contrary) except when the Cauſes of thoſe call'd Fanaticks come before him; and then like Naaman, he muſt be pardoned.

At Aſhbrenton, near Totneſs, on, or about June the 12th. one Andrew Helly, with his Son, Daughter, and a Friend, were Repeating a Sermon in a Barn of his, about a mile from his Houſe; to which place, juſt as they had ended, came James Parrat, and a private Perſon, the Setting-Dogs being Abroad, Scented, and eſpied the Game, and rather than they would not be rewarded for their pains, reſolutely Sware, he was the Miniſter; and ſo the Number Five is made up, and conſequently a Meeting prov'd, and Preaching too Logically concluded. So Parrat, that was never near the place till all was done, was Fined Twelve Pound, A. H. and his Relations, Twenty Eight Pound; and this was done by Juſtice Fowel, and J. Kelland, who made the Evidence of Informers (that are parties) the ground of this Conviction, which was againſt all Reaſon, and Law. For ſuppoſe the Barn part of the Dwelling-houſe (which is about a mile diſtant from it) then though J. P. had been preſent, and a Preacher too, there could be no Conventicle, A. H. and his Children being of the Family: Let it be taken otherwiſe, yet Parat not being there, there could be no Conventicle, the other not being a Number above what the Law allows; ſo the place was not liable to Twenty pounds. But grant that he were there, yet not being a Miniſter, or if he were, yet he neither Preaching, nor Teaching, no Law doth puniſh for Twenty pounds more. But the Juſtices were reſolved to ſet this Poor Barn, like a Shepherds Tent, on Wheels, carrying it home to the precincts of the Dwelling-houſe, for the Fining of that, and then Recarrying it to the Fields, for the Fining of the people. The Agrieved become Appellents to the Seſſions, where they find no Relief, or Redreſs, but great Oppreſſion; inſtead of a Plaiſter, their Heads are Broken more, they are Caſt, and Treble Coſts they muſt pay for their Traverſe, which is always an Hyperbole in the Exceſs, never in the Defect, at the Seſſions.

At Silverton, near Exon, Juſtice Sainthil, Seiſed ſome perſons, with a Non-conformiſt, Mr. Treg…ſs (I hope now after all his Storms, Arrived at the Haven of his everlaſting Reſt) in a private Houſe, about Nine a Clock in the morning, and Fined the Houſe Twenty pound; and though he could not prove that there was any Preaching, or Teaching (as there was none) yet ſome of the people were Fined for the Miniſter, Twenty pound more: Though he had an Eſtate of his own, which he Acquainted the Juſtice with, and deſired he might bear his own Fine, but the Gentleman would not grant it: The Agrieved appeal to the General Seſſions, where they Traverſe with ſome good Succeſs, touching the Preachers Fine, his Conviction not being Recorded; which the Appellants Advocate obſerved to Advantage: But yet the Remedy was almoſt as bad, if not worſe than the Diſeaſe; for being found Guilty of the Meeting, though not of Preaching; they were Sentenced by the Judg of the Seſſions, Mr. Carew, to pay treble Coſts as high, as if they had been Caſt in both parts.

At Exon, there lives an Old Gentleman, called Mr. Butler, a Juſtice of Peace in the City, who hath been a Notorious Conventicle-Hunter many years, the Fame whereof is diffuſed through all the Weſt: The Ardours of whoſe Zeal and Paſſion, when he is to Engage in this Honourable Imployment, ſo far Tranſports him, that many times he becomes a compleat Th…mobedlamus; his Geſtures, Poſtures, Ravings, much reſemble theirs, whom I have ſeen bound in Chains, which the Boys in the City can Act, and Imitate with admirable Dex…y, though no doubt he deſerves for them a Canonization of Saint…hip, but by the Romiſh Church; becauſe he's never zealous for the Fifth of November, and an eſteem of a greater Wit, becauſe what he hath, appears hereby to be mixt with Madneſs. I might Write Voluminouſly hereof, but I will Omit, and paſs by all things concerning him, except this one, which the Reader may be pleaſed to caſt his Eye upon, thereby to take a meaſure, and judg of all the reſt. One Evening upon Information given him by ſome of his Familia…s, that there was a Meeting of the Fanaticks, at Mr. A. Jeffreys, thether he haſtens as the Eagle to the prey; when he came to the Houſe, the Doors without delay were opened to him, there he finds about ſixteen perſons, moſt of them Relations of the Family, and Invited to Supper; but this Quick-ſcented Juſtice ſmells another Feaſt in his Conventicling-Fancy, and judging rather by Number of the perſons, than weight of Reaſon, after ſome wonted Ravings, and Ragings, Fines the Houſe Twenty pound for a Suppoſed Meeting; and Mr. Chriſpin, beſides his own Mulct and his Wifes, was Fined for ſeveral Rich perſons, directly contrary to Law, which makes the Rich to pay for the Poor only (not whom a Juſtice ſhall judg to be ſo, but who are really to be ſo.) Mr. J. and C. appeal from the Rage of one ſingle Juſtice, to the Reaſon of a Bench: At the City Seſſions they Traverſe their Appeal, where Mr. Butler was not only Judg, but Witneſs in his own Caſe; his Oath moſt unreaſonably taken, and as falſly he Swears in the Face of the Court. That when he came to Mr. Jeffreys Houſe, he could have no entrance, but was forced Violently to break open the Door, inſomuch that he made the Staple flye; the contrary whereunto was ſufficily prov'd, viz. That the Maſter of the Houſe opened the Door quietly, and ſeaſonably; the Attendants that ſtood by, perceiv'd no ſuch effects of his Vigour, and Vivacity. But no wonder to hear a falſe Oath drop from a falſe Lip, that hath cauſed a Wide-mouth'd untruth, to paſs proverbially under the Name of a Butler: But happily he might Lodg ſome mental reſerve, for a Salvo to his Oath, and ſo be able to ſay with that prophane, and profligated Wretch— Jur…, at mentem injuratam Gero. It was likewiſe Sworn, if I miſtake not, by ſome of his Setting-Dogs, that the Meat was laid down to the Fire, after, or about the time they entered the Houſe; which was prov'd by the Appellants, to be then near half Roaſted, and that all the Harbingers of a Supper, were there. But however, though they did ſufficiently Invalidate all Circumſtances of Fact, that the Juſtice would ground his Conviction of a Conventicle upon, yet it was to no purpoſe: For Juſtice Carew ſitting as Deputy Recorder, and Judg of the Seſſions, ſo inſtructed the Jury-men, who were fit to receive his Impreſſions, that they brought in their Verdict againſt the Appellants, and they are Laden with treble Coſts, according to the liberal Calculation of the Judg.

At Derwood, near Exon, on a Lords-Day, a little after the 10th of May, ſome perſons met together in a Wood, but not ſo cloſe as to eſcape the Eagle eyes of the Informers, who obſerv'd their going in, which they concluded confidently to be a Conventicle. The adjacent Pariſh upton-pines, being ſpeedily Alarum'd herewith, from thence ruſh forth with all Expedition, and Fury, a company of Club-men, whereof the Son of the Pariſh Prieſt was one, and fall violently upon one perſon; which madneſs, when a Sober, Honeſt man rebuked, telling them he would go without compulſion; they outragiouſly fell upon him, Drawing, and Dragging him along, ſome taking hold of his Arms, ſome of his Legs, and ſo rudely was he handled, that he Recovered not for ſome conſiderable time of thoſe Diſtortions, Compreſſions, and Contuſions, which his Body ſuffered by them. At laſt, ſome few of them (the reſt eſcaping) were brought before Juſtice Tackfield (that bluſtering Tempeſt of Wrath, and Rage, againſt his Fanatical Neighbours) where being in an outward Room, they heard what the Informers Sware before him, viz. That they heard a Voice, but whether there was either Prayer, or Preaching, they could not tell. However, this Don Farioſ… (that he might make ſome further Compenſation for his Notorious Quandam Fanaticiſm) Convicts of a Conventicle, Fines ſome of the people for themſelves, and ſome for a Miniſter, though none could be ſo much as prov'd to be there, much leſs to Preach, or Teach: But, Corruptio optima eſt poſſima, Which is not only true Phyſically, but Morally.

At Darlington near Totneſs, Goodman Searls Houſe was Viſited upon ſuggeſtion of a Meeting; by Mr. Tho. Carew, where he found but one Perſon (above the Family) Viz. a Kindſman of the ſaid Searls. But the quick-ſighted Juſtice in a certain Room finds many Spittle spots, and thence by Logical Deduction Concludes it a Company, and at next ſtep a Conventicle, Two or three being met in a certain Field, at ſome diſtance from the Houſe: now a moſt dim ſuſpicion is made, a very demonſtrative cercumſtance, and notorious evedence that God had been worſhipped there by more then Four, beſides the Family, or that there was a Meeting for ſuch an end. When a man looks through a multiplying, and magnifying Glaſs of malice, the minuteſt circumſtance ſhall be ſubſtance enough, and a dark ſhadow a clear Sun-beam: rather therefore then he will not attain his end, even that which is next to nothing ſhall be a ſufficient ground to paſs a Conviction upon; So now wo be to the Rheumatck People, for they muſt pay large Fees when this Man is their Phyſitian, twenty pownd therefore muſt the ſhoulders of the poor man (the Maſter of the Family) bear the weight off; and unleſs he and his Family will forbear ſpitting, when together, he may be in danger of paying more: but all that this Juſtice doth, is little enough to Compurgate and abſolve himſelf from the Imputation of Fanaticiſm, and he muſt be pardoned if he ſhew his Valour in this Cauſe, as he once did in another of a differant Character, when a Champion in Captain Braddons Troope,

D…ven. and Cornwall being ſo nearly Conjoyn'd, and ſuch frindly Neighbours, it may not be impertinent, and unlawful to caſt an Occular glance upon the Borders, and Fronteirs of it; where there is a Tovvn call'd Landrake, vulgarly Larrake, at which lives an Aged Reverend Divine, whoſe vvorth is furrher knovvn then his ovvn Country, a Non-conformiſt, by name Mr. Gaſper Hicks, Who continuing to Preach in his Family ſince the 10. of May, 1670. to the Number that the Act againſt Conventicles allovvs of, vvith others under 16 years of age, it did highly inrage a young Levite of Jejune, and Immature Braines; Who Serves for the Pariſh Prieſt, by Name Mr. Winnel, or Windle; this Supercelious, Pragmatical, and ſelf-conceited Novice reſolves therefore to injure as much as poſibly he could, him vvhom he ought to have rever'd and had in high Veneration; to accompliſh his end he ſticks not to turn Informer (the moſt diſhonorable and imfamous Miſcreant upon the Earth) againſt him, that he kept Conventicles, he gets the Officers of the Pariſh to ſearch his houſe, vvho found none but four Perſons of or above the age of 16, vvith ſome fevv under, beſides his ovvn Family: Hovvever this Munſeur Furibundo, rides from Juſtice to Juſtice to make a conviction; but theſe worthy and noble Gentlemen that were his Neighbours, who have right reſentments of Genoroſity, and walke according to the Rules of Juſtice and Equity, as Sir J. C. Sir W. M. Mr. S. would give him no Countenance, knowing the Law was not violated by Mr. H. Then he ſpurs up his Horſe further Weſtward, where he met with ſome Juſtices, who like Tinder preſently took fire; upon the firſt Information: (I know not all their Names, but one of them was Dr. Polewheel, that terrible Fulminoſo, who for theſe 10 or 11 years paſt, hath anhelated nothing but threatning cruelty againſt thoſe Catachreſtically called Fa…aticks) with the higheſt impetuoſity and rage; Theſe Juſtices fall upon Mr. H. creating ſomething out of nothing, they Convict him of a Converticle kept in his own houſe, and likewiſe take it for granted, without any proof, that he Preached, and ſo Levy 40l. upon him: He finding himſelf agrieved becomes an Appellant to the next General Seſſions, which is out of the Frying-pan into the Fire, for all Juſtice was baniſh'd from the Bench, Mr. H. was denyed a Jury, directly contrary to the Law, Page 9 of the Acts againſt Conventicles; Mr. P. and others cry'd to the Vote, which was done; and ſo not withſtanding all the ſtrenuous, and nervous endeavours of ſeveral Juſtices there to make Mr. H. his innocency a fence againſt the ſtorms and flames of the others fury, and to ſhelter him from oppreſſion, Judgment by an illegal Vote only paſſeth aganſt him; and his Appeal hereby being made unjuſt, beſides the 40l. they give treble coſte againſt him, and moſt ignobly load him with ſouleſt revilings, and reproaches: never was there more monſtrous and barbarous Injuſtice acted. Firſt, that they ſhould deny the Appellant that previledge which the Law gives, and which is every Engliſh-mans Birth-right, Viz. his Tryal by a Jury. Secondly, that they ſhould judge him guilty of a Conventicle, when there were no more then four Perſons of or above the age of 16 years beſides his Family, neither was he accuſed of having more; but however it holds to be a Conventicle by a nevv nice, and ſubtle diſtinction, (which like an Ariadnes fine ſpun thread, helps and conducts them out of the Labyrinth they vvere in) viz. That though perſons under Sixteen years of Age, be no Conventiclers, yet being found with thoſe that are of, or above the ſame Age, conſtitute a Conventicle: Whereas the old Axiom is, Quicquid effecit tale, eſt magis tale. Theſe New Phyloſophers can make Non-entities, productive of Realities. Children muſt make men guilty, and yet themſelves remain Innocents ſtill. A Thouſand under the Age of Sixteen years, are Nullities in Law, but in the Execution thereof, make others Criminals and Penals too. Theſe New Oracles of Law make the former Criminals, but not expoſed to Penalties (though they expoſe others) and ſo makes the Law in this reſpect an ineffectual Vanity, ſuppoſing it to make Offenders, without a Sanction, and Allotment of puniſhment for them. Theſe New Arithmeticians, can make Ciphers, caſt Figures, Four above the Family in Law, is nothing, Ten Thouſand under Sixteen years, are nothing; but now according to their Rule, add nothing to nothing, and you make Five, or more. But their definitive Sentence, and final Determination by Vote (to which he muſt ſtand) ſhall make all ſound Phyloſophy, good Law, and true Arithmetick. Thirdly, That they ſhould Convict him of, and puniſh him for Preaching, when none could prove it (ſuppoſing him guilty of keeping a Conventicle) neither was there the leaſt Circumſtance to be Demonſtrative of it. It's true, our Legiſlators have made Notorious Evidence, and Circuſtance of Fact, to prove a Conventicle, but no ſuch thing to prove Preaching, or Teaching, for it can ſcarce poſſibly admit of any proof thereby. For, grant a Miniſter be found among a people above the number of Five; What notorious Evidence can reſult from this, that he Preacht? for it might onelyonly be (as often it is) to Pray, or his Preaching might be prevented; or grant he were ſound with his Bible, and Notes in it; yet this cannot evince clearly he did Preach: It may indeed beget a ſuſpition, that either he did, or intended to do it. But is it Legal, or Rational, to puniſh perſons upon ſo ſlender a ground as this? To inflict the Law upon him from a jealouſie of his Intentions, is to make ſuch an Act of his, or another Non-conformiſt, worſe than Murder, or Theft, &c. For no man is puniſht as a Felon for intending, though it be manifeſted by Attempting Felony, when it's not Actually committed. And to puniſh him for having done it, when it did not ſo appear, is equally unjuſt, and unreaſonable: For, De non apparentibus & non-exiſtentibus eadem eſt ratio, Doth our Law condemn any Felon from a naked abſtracted Jealouſie, that he's guilty of the Crime he ſtands charged with, when there's no Evidence to prove the ſame: Our Law therefore is moſt Juſt, that Jurors muſt proceed Secundum allegata, and Probata. And that every Conviction of Guilt, and judicial Sentence muſt be Founded, and Bottom'd upon the ſame: But here was no ſuch thing to be the Baſis of the Determination at this Seſſions, by the Major part of the Bench, againſt Mr. H. they were therefore ſo uncertainly Fluctuating, and Dubious, whether he Preacht, yea, or no, for want of clear demonſtrative Evidence: That in the Record of the Offence, it was expreſt Disjunctively that Mr. H. did Preach, or Pray, and not Copulatively that he did both, or poſſitively, and abſolutely he did the firſt. His Council pleaded to this, and opened the Law fully to them, ſhewing them their Groſs miſtake. But all was to them like beating the Air, for neither Law, nor the ſtrongeſt Reaſon, can be an impregnable Bulwark againſt their Envenom'd and Virulent malice, which was ſo Oppreſſingly diſgorg'd upon Mr. H. Thus Reader, thou ſeeſt how Illegally, not only in Devon, but Cornwal, many Juſtices Act, and that the New Chancery, or court of Appeals, which ſhould be a cheriſhing Boſome to the Oppreſſed, is made a Ponderous, and Preſſing-ſtone for ſuch as will not yield to the unjuſt Convictions of one or more private Juſtices. Thus poor Diſtreſſed, Agrieved Conventiclers, like unweary Birds, flie from the Hawk, into the Fowlers hand: So that henceforth, the Philoſopher muſt be the Appellants beſt Councellor, who having his Head broken, and being by a Friend adviſed to go to the Magiſtrate, and get the violent Fellow puniſhed: Nay, ſaid he, it's better to go to the Surgeon, to get my Head healed. The beſt Remedy for Sufferers, is to cry to that God who hath his Throne (as the Pſalmiſt tells us) eſtabliſhed in Righteouſneſs, and Juſtice, and Judgment, for the Habitation thereof, that executes Judgment for the Oppreſſed; that for the crying of the Poor, and ſighing of the Needy, will ariſe, and from whom their cries, by reaſon of their Oppreſſions, cannot be debar'd. That will bring forth their Righteouſneſs as the Light, and their Judgment as the Noon-day; who ordaineth his Arrows againſt the Perſecutors of his people. To that Eſſentially, and Eternally Juſt, and Righteous God, be Glory for evermore. Amen.