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A32757 Innocence vindicated by a brief and impartial narrative of the proceedings of the Court of Sessions in Bristol against Ichabod Chauncy, physitian in that city, to his conviction on the statute of the 35th Eliz. on the 9th of April, and to his abjuration of all the Kings dominions for ever, Aug. 15, 1684 : together with some passages subsequent thereunto / published by the said I. Chavncy. Chauncy, Ichabod, d. 1691.; England and Wales. Court of Quarter Sessions of the Peace (Bristol) 1684 (1684) Wing C3743; ESTC R22817 12,930 20

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and not Corporal Punishments Now if they made me abjure I should then forfeit my Estate by the same Indictment contrary to the Law in their own sense Secondly According to this Statute of the 35th before abjuration I ought to have been Summoned thereto by a Justice of the Peace which yet I had not been Thirdly That they had Convicted me as as a Recusant and the same Statute saith That no Popish Recusant should be required to abjure by vertue of that Act they replyed that I was not Convicted as a Popish Recusant I told them I thought that if they did not find in any Statute mention of Protestant Recusants then it must be supposed that Coram Lege all Recusants were Popish But all these Pleas being over-ruled I was forced to abjure I do desire to asign me London or Harwich but they refused both The Justices appointed me within three Months to depart from the Port of Bristol Now having abjured one would think the Penalties I had already sustained viz the loss of a very considerable Practice eighteen weeks close Imprisonment the forfeiture of my whole Estate both personal and real Banishment from all the Kings Dominions for ever might have surfeited the most exalted malice but as though the Law on which I am Prosecuted had not been severe enough before I depart the Kingdom I must be further stigmatized by a kind of Remonstrance preferred to the Grand Jury at our General Goal Delivery which was about five days after my abjuration The Paper our T. Cl. presents to the Grand Jury contained such black Characters and high Charges against me that they absolutely refused to subscribe it Upon which refusal many hard words of displeasure passed from him to the Grand Jury Whereupon they were desired to draw up such a Paper as they would subscribe concerning me and accordingly to gratify his importunity they produced this following Declaration We whose Names are hereunto Subscribed being the Grand Jurors for the Body of the City and County of Bristol in the Court of Oyer and Terminer and General Goal-Delivery holden the 20th of August 1684. Do in the Names as well of Our Selves as of all His Majesties Faithful and Loyal Subjects within this City return Our most Hearty Thanks to this Court and all others concerned in the Prosecution against Ichabod Chauncy late of this City upon the Statute of 35. Eliz. for that to Our Knowledge during the time of his abode in this City which hath been for some Years he hath been a great Zealot for the Factious Party and by Reason of his Employment of Practising Physick We have Reason to believe that he hath had very Advantagious Success in gaining to their Cause and Cherishing in it very great Numbers of Proselytes He was their Champion to fight out the Battels of that Party whensoever it came in Question before Our Magistrates by which means though he got of them the Character of a stout Combatant yet by the Magistrates of the City he was still Reputed a sawcy Criminal And this hath not only induced them and us but may also every one that may come to the Knowledge of it to be of the same mind when they consider that he hath not only impudence to menace the deliberate just and temperate Proceedings of this Court with a Libel But also to part from it with an Imprecation against it And We do therefore Declare to this Court and to all the World That it is Our Opinion that the Proceedings against Him to the Abjuration of the Realm was not only fair in all the Particulars thereof but of absolute necessity for the quiet and peaceable Government of this City and for His Majesties Service The plain Design of which in general is partly to help Dun out of the Mire by justifying the Town-clark in all his Proceedings against me to load me with a Charge of such heavy Crimes as may dash any Hopes of a Pardon and blast my Reputation for the future wheresoever I may go hereafter Wherefore I think all men would count me very unjust to my self should I not endeavour to wipe of those grievous Scandals which this Remonstrance hath unjustly cast upon me which if not Answered will for the future destroy my Credit and so may undo both my self and Family And therefore cannot but make a few Remarks upon it First they say That in the Names as well of Our Selves as of all His Majesties Paithful and Loyal Subjects within this City We return Our most Hearty Thanks to this Court and all others concerned in the Prosecution against Ichabod Chauncy upon the Statute of 35 Eliz. There are 1000 besides Dissenters in Bristol and about it that will neither concur with you in nor thank you for your Thanks For that to Our Knowledge he hath been a great Zealot for the Factious Party 'T is no new thing to have the best of men so Reputed Ast. 24.5 We have Reason to believe by Reason of his Employment he hath had very advantagious Success in gaining to their Cause I verily believe there is not one Dissenter the more for me in England Unless my severe Prosecution have made some Neither can they name one of those many Numbers of Proselytes which they say I have made and cherished that I ever solicited to forsake the Church He was their Champion to fight out the Battels of that Party whensoever it came in Question before Our Magistrates I was never before the Magistrates of that City but when forced to it and that in my own Cause except once to vindicate my Wife who was near five of the Clock in the Afternoon on a Sabbath Day taken up in the Streets and sent to Bridewel as supposing she was coming from a Conventicle By which means he got of them the Character of a stout Combatant I never till now thought my Reputation had been so great among them for Valour Yet by the Magistrates of the City he was still Reputed a very sawey Criminal If the Magistrates had so ill an Opinion of him 't is strange they should almost all so far Encourage him as to make use of him for a Pliysician to themselves or Relations When they Consider that he hath not only Impudence to menace the deliberate just and temperate Proceedings of this Court with a Libel Produce any Person that ever heard me so menace the Court and I 'll be content to suffer the Punishment of a Libeller But also to part from it with an Imprecation against it The Words wherewith I parted from the Court were these Mr. Town-clark you have now had a full stroak at me all the harm I wish you is that God may not have as full a stroak at you Living or Dying If this be an Imprecation let the World judge Methinks some one in the Grand Jury should have known the just difference between a Deprecation and an Imprecation Against it The words were by name directed to the Town-clark and I never thought till now that the Town-clark had been the Court. We Declare therefore That 't is Our Opinion that the Proceedings against him to the Abjuration of the Realm was not only fair in all the Particulars of it Sure now the Town-clark will be confirmed in his Opinion that there is no need of a Writ of Error since he hath the Opinion of the Grand Jury in Favour of all his Proceedings But who besides him did ever value the Opinion of Grand Juries in matters of Law But of absolute necessity for the quiet and peaceable Government of this City Is he any whit altered from what he was formerly If not How came the City to be peaceably Governed while he was in it near eighteen years together And for his Majesties Service His Majesty is only then served when his just Laws are Executed and not when His Subjects by Arbitrary Proceedings of his Ministers are Oppressed Thus I have given a true and impartial Account of my present Case The main Design whereof is not to cast any undue Reflections on the Law or the King and his Government but to inform the World that I am not the Turbulent disaffected and disloyal Person which my Adversaries have Represented me to be and that my Cause was not managed with so much Evidence and Impartiallity but that there was and is a just ground for me to expect as a matter of right a Writ of Error But if after all this I shall still be denyed from men either wilfully or through Prejudice and Misinformation that which I judge to be my Right I 'll commit my Cause to Him that judgeth Righteously FINIS