I know not perchance not so well I have read of those of that disposition that being once aloft cannot endure to be told that ever they went or sent a begging but when they were on their leggs again their main Endeavours should be to remove or crush them who lifted them up for fear it should be known that they had been down Now whether I incur'd the Marlburrough mens displeasure in being so saucie as to commit their sometime indigent and begging condition to Posterity they though most willing to receive yet as unwilling to be told of it I will not judge I have not now our Register Book at command but for want of that let these Papers remain as a record to testifie to the present and future times how these Marlburrough men have requited me section 26 But to return the next thing in Powel's Deposition is That he never saw me drink to excesse Which I shall desire the Reader to keep in his memory till the Transactions of the next day Next he swears That till within this three or four years Mr. Bushnell have baptized by the Form of Common Prayer To which I shall reply only this that as this was nothing to the Ordinance by which these Commissioners sate and acted so it was more then Thomas Powel knew for he was a man that seldome came to Church nor do I remember that I ever saw him stay the time during the Administration of that Sacrament For present I shall desire thee to observe how Thomas Powel treads in William Pinchins track and swears as if he had taught him his Lesson section 27 The next branch in his Deposition is That about two years since Mr. Bushnell preaching against Malice said That Malicious persons were the Devils Nymphs and wished them with him for their wages And where lies the matter of Charge here or to what Article doth this Deposition refer Is Malice become a Vertue and if a Vice is it so rare in the Land that it is unseasonable to reprove it And what have we next I said that Malicious persons were the Devils Nymphs Risum teneatis Indeed I could not forbear which doubtlesse had he seen it would have much offended Mr. Byfield as he was on the like occasion at another time The Clerk as wondering at the Expressions for some time withheld his hand belike conceiving that Tho. Powel might mistake but he continuing earnest and often iterating those words Nymphs Nymphs the Clerk enters it accordingly Doubtlesse Tho. Powel conceived these to be some stabbing words he was so zealous for them and yet to any understanding man they will not amount to any Charge unlesse it be of simplicity falshood or malice in the Reporter of them For 1. Few that know me will believe it that I should ever say so And 2. In case I had said so the most that I could have been charged with had been impropriety or incongruity of speech although we read of the Devils Children often yet of his Nymphs never untill in Thomas Powels Deposition Give me leave to adventure my conjecture how this might come to passe I told thee a little before that Tho. Powel in his Depositions did tread in William Pinchins steps I doubt me that he had William Pinchin for his tutor here and that he taught him to say that I had said that malicious persons were the Devils Imps which Thomas Powel misapprehending or remembring might swear that I said Malicious persons were the Devils Nymphs I have read of a Guide that by mistaking Casilinum for Casinum was likely to have hazarded Hannibals whole Army What hazard Thomas Powel hath brought upon his soul by this I leave it to him who will one day call vain and unadvised Swearers much more false Swearers to an account section 28 And although at first I smiled at the ridiculousnesse of the Expressions yet afterward considering that Thomas Powel was upon his Oath and so bound by that Sacred tie whereâ—n our great God was called in as a witnesse to the truth and consequently an Avenger if he spake false and he bound to speak the truth the whole truth and nothing but the truth should then depose such words as spoken by â—e which never were spoken and I believe â—ooked on by many even of the Commissiners themselves as even impossible to be true I say â—hat this did much sadden my spirit and sorry â— am that it was so much or no more looked upon â—y these Commissioners But indeed conâ—idering what kinde of Testimonies they reâ—eived against me as likewise what use they made of those Testimonies I much doubt it â—hat they made use of such Testimonies against â—e which they in their Consciences knew to be â—alse And this they might doe although without Equity or Conscience yet not without presidents such as they are both from the Old and the New Testament but me thinks the Example and the Ends of these men are enough to frighten any others to adventure the same â—ray Hast thou marked the Old way which wicâ—ed men have troden section 29 I have often proposed it unto my self what and when and where any words should â—e spoken by me which Thomas Powel could â—rest to such a sense at length I lighted upon this conjecture wherein from some words which Thomas Powel hath formerly let fall in some company I am confirmed Some yeaâ— past I am sure more then two twice told took for my Text those words of our Blessâ— Saviour Math. 12.32 But whosoever speakeâ— against the Holy Ghost it shall not be forgiven hiâ— neither in this world nor in the world to comâ— Where having told them the usual definitâ— of this sin unto death towards the conclusioâ— of my discourse by way of Caveat I adviseâ— my Hearers that as they desired not to coâ—â— at it so neither to come neer it no nor sâ— much as toward it neither In order whereunto after severall other Caveats I told them thâ— men must take heed of raising and reporting malicious slanders such which their own Consciences cannot but tell them are false and yet soâ—â— base by-respect will put them on both to report anâ— justifie them Adding further that a man mighâ— come towards this sin against the Holy Ghost by slandering or maliciously reporting a known falshooâ— of but a Man For I had told them before that the sin against the Holy Ghost was not sâ— called because it was against the person of thâ— Holy Ghost but because it was against thosâ— Graces whereof the Blessed Spirit by way oâ— Appropriation is said to be the author or giveâ— which I cleerly manifested unto them from the case in the Text for otherwise with what congruity could our Blessed Saviour have noâ— taxed them with this sin when as their Malicious slanders were against himself 'T is without doubt that these Pharisees with whom our Blessed Saviour had now to doe came neerâ—t â—t And therefore they came neer it Peterâ—alls â—alls it
usually seduced others to his house to drink As 2. That this William Cottle was a thief who together with John Twyford the hangman cut carryed and stole Poles out of Hungerford wood supposing them to have been the Ministers As 3. That William Cottle was a scandalous and infamous person who having been convicted for selling Ale without License and other misdemeanors and yet taking no warning was by the Justices of the Peace sent to the house of Correction from whence he made an escape so that a Justice of Peace made him give Bond to sell Ale no more because he could not otherwise restrain him As 4. That William Cottle was a cousening and cheating fellow for putting himself into the Office of a Tything-man in the room of another mâ—n he collected monies for the buying of Drums and Câ—lours which he keeps or the greater part of it â— his hands or else otherwise imployes it and suffers the Cattle of one James Butler for whom he 〈◊〉 Deputy to be taken away by Souldiers until saâ— satisfaction were made Insomuch 5. That William Cottle was looked upon a one that regarded neither his word nor his Oath so that the steward of the Leet discovering him would not admit him although he greatly thirsted after it to serve in that place any more conceiving him belike to be a person so unworthy and so unfit to be trusted as that he was not held meet for so mean an office as a Tything-man As 6. That William Cottle was a slanderer of the Ministers charging them in the general with greediness and that he would trust none of them all and that for instance he mentioned Mr. Chambers who had left Claverton and was gone to Pewsie section 26 I say that all these exceptions were then exhibited and would have been every one proved upon Oath but my Counsel for that time waving all the rest pitcht upon the last viz. That William Cottle should say that your Parsons were greedy and that he would trust none of them all no not Mr. Chambers who had left Claverton and was gone to Pewsie This Article was indeed of it self the most inconsiderable although perchance it made the loudest noise with them because it reflected somewhat upon their Doctor Now William Cottle being charged with these words confidently denies that ever he spake them being still upon his Oath affirming That no honest man would justifie that he had said so and drawing his finger a thwart his throat seemed to intimate that he would give any man leave to cut his throat if it were justified Soon after which comes in William Rawlins of Box against whom William Cottle could take no exceptions and being sworn saith That on Whitsunday last soon after the morning Sermon as they were in the Church-yard he named the particular place in the Church-yard as likewise others who heard it as well as himself William Cottle spake these words That your Parsons were greedy that he would trust none of them all no not Mr. Chambers for he had left Claverton and was gone to Pewsie Which words when William Cottle had heard without more ado he acknowledged that he had spoken adding further Why what if I did say so iâ— The truth is that the thing being considered barely in or by it self it mattered not if he had said so for it was true as he said Mr. Chambers had left Claverton nor was this the first time that he had left it and was gone to Pewsie and this to his great advantage too for the report goes that he is three hundred pounds a year gainer by this remove But now William Cottle having been sworn to speak the truth the whole truth and nothing but the truth and this Oath alwayes binding him whiles he was before these Commissioners speaking upon his cross examination to my bvsiness and having upon this Oath denyed any such words to be spoken by him and yet within a few minutes after as our Proverb goes even in the same breath upon the same Oath to confess that he had spoken them What greater or further Testimony could these Commissioners have of this mans falsehood or how could they look upon him as a credible witness against me since he sticks not to forswear himself in their presence Another circumstance for Mr. Blisset section 27 It must not be forgotten that Mr. Byfield kept much adoe about this Deposition of William Rawlins it is like enough that he was unwilling that it should be taken sure I am that there was a kinde of an heat stricken betwixt my Counsell and him about it it may be that it was not only zeal to his friend the Doctor which made him so earnest but also respect unto himself he rightly considering that in this saying he himself was reproached likewise for that the Doctors changes might give occasion to men to enquire what a stedfast and setled man Mr. Byfield had been in his time and how many removes he had made from that time he did officiate at Enford till this time that he was now in the Parsonage at Callingborn But yet my Counsel prevailed and although with some adoe entred it was and subscribed by William Rawlins who had deposed it And yet Reader judge of their equall dealing with me we have not one word of this in that copy of the Depositions which we received from their Clerk and according to which we were to frame our answer I have often told thee that they had an Index expurgatorius yet formerly he came only with his knife or his pruning hook and took away only some boughs or Limbs of a Deposition but here he comes with his Axes and takes away both root and branch section 28 It were not amiss to tell thee that John Travers sitting by during this debate and hearing and noting all the passages observed it and so did others beside and as I have heard hath reported it elsewhere with some complacency that Mr. Chambers did hang down his head the while Now we know that hanging down of the head doth usually signifie that there is shame and sorrow in the Heart Pudet haec opprobria nobis Et dici potuisse non potuisse refelli And whereas shame doth usually produce either an amendment in the person so exposed or else indignation which the person so exposed conceives against him whom he looks on as the cause of this Exposal I have some conjecture that this wrought after the latter and worser way with Dr. Chambers and that he did for this store up a good turn for me against he had an opportunity Of which the Readers shall have some account in due time and place section 29 Next follows the Deposition of William Sanders but because I shall have something touching him and of the Doctor in reference unto him which is very remarkable in the Transactions of the next day I shall therefore forbear him till then section 30 Next follows the Deposition of Lawrence Cottle who deposeth
to punish or an Officer to prosecute them If he had complained to me of William Pinchins paricide of Obadiah Cheltenhams Chastity of Cottles profanations c. I must have given him the same answer as I did then That it is the Officers business to prosecute them and none of mine By Nicholas Spensers own confession I acted as became one in my place I often reproved and rebuked the Parishioners for the same in my Sermons To which I shall add one thing more I did which I conceive to be most properly the Ministers office in this business publish the several Acts and Ordinances for the Observation of that day that neither the Officers nor any others might pretend ignorance of their duty in that case but that the people might know what was forbidden them and under what penalty it was forbidden them and that the Officers might know what they were to expect in case they neglected their duty I say that these Acts and Ordinances I published oftner then the Law required Yea I think far more often then Mr. Byfield or Dr. Chambers But as touching the same Nicholas Spenser I shall for present only desire thee to observe how he mends and makes some progresse in his Depositions how Pinchin-like he fetcheth Trip in his second Deposition out-going the first and in this third overleaping all as shall be certified unto thee by and by section 35 I shall now put an end to the Transactions of this day Being cald in before them the next morning which was June 5. I perceived that the Marlborough men together with Mr. Byfield Dr. Chambers and another Minister of Marlborough I think they cald him Mr. Hughes were very sharp set they had dispatcht two Ministers before and the Doctor by his big countenance seemed not to have digested it that Cottle should upon his Oath before such a company deny and yet acknowledge it that he should say that your Parsons were greedy that he would trust none of them all no not Mr. Chambers for he had left Claverton and was gone to Pewsie and therefore I was not to expect any kindnesses from him because he might look upon me as the Author of his Exposal And therefore I desired that I might have some further time granted for the Examination of other Witnesses for I told them that the Witnesses which were produced and incouraged against me I could prove to be men neither of honesty nor of credit or truth Which if I made appear then their Testimony be it what it would fell to the ground and became void of it self for their Ordinance allows of none but of credible Witnesses and the old rule is Recriminatio valet ad tollendum Testimonium that a recrimination is of force to take awaâ— a Testimony But to these words of mine that I should prove these Witnesses to be men of neither credit nor truth Mr. Blisset replies to this purpose That it were strange if there should be found such men that were of no credit or truth for that the Devill spake truth sometime To which words for the present I shall ask of Mr. Blisset first What he thinks of those words He the Devil abode not in the truth because there was no truth in him I shall ask him secondly Whether or no if the Devil should depose a truth his Doctors or himself would look upon it as a sufficient Testimony I shall give the Reader my present Judgement touching these particulars in the Transactions of the next day Only let me observe thus much unto thee now that it seemeth to me that ordinary witnesses be they whatsoever come they from wheresoever swear they what or howsoever yet if serving Mr. Blissets turn they should have been welcom to him Yet upon this my motion To have further time granted me for the Examination of other Witnesses I was bade to withdraw and being soon called in again my request was granted But now whether it were because my suite was equall or whether or no it were because Mr. Byfield and the Doctor had not there a full Quorum of fitting Commissioners for although all their friends of Marlborough were there yet I remember not that any of Sarum were I cannot judge The Transactions at my fifth time of appearing before them at the White-Hart at Marlborough July 1. 2. section 1 HAving as I told thee but now a liberty granted to me to bring in my exceptions both against the persons and the Evidence given in against me at that time at Caln I had notice by word of mouth from the Commissioners Clerk Mr. Blissets son that that I was to appeared before them at the White-Hart in Marlborough July 1. next following And thither I repair accordingly with such along with me whose Testimonies had they been equally heard or duly considered of would with uninterested men or such who had not been afore-hand resolved which way it should go right or wrong doubtless have so far prevailed that it would have appeared that the Doctors Mr. Byfields and Mr. Blissets witnesses had been indeed such as I had formerly represented them to be Men of neither truth nor credit Nor can these men have any just cause to distast me that I call them their witnesses when I have given my reasons of it I have told thee already that I believe that many a one which hath appeared before them and have been sworn against me had never so done had it not been for their invitation and countenance which as before so at this time appeared most visible for besides others which I shall name by and by at this time there appear for the Common-wealth VVilliam Pinchin Obadiah Cheltenham and John Travers not as witnesses but as Sollicitors or Promoters and in their addresses neglecting the Gentleman to whom alone of right this business did belong their applications were to Mr. Chambers and Mr. Byfield John Travers and William Pinchin at the upper end of the Table standing at the elbow of the Doctor and Obadiah Cheltenham towards the lower end waiting upon Mr. Byfield and this I conceive to be reason enough wherefore I call them their witnesses There appear at this time beside these Nicholas Spenser lately mentioned and Nicholas Nowell and Jone his wife nor could I have any liberty to produce any witnesses for mine own vindication till the depositions of the witnesses for the Common-wealth were first taken section 2 Of which as I take it the first was the Deposition of Nicholas Spenser in these words Nicholas Spenser of Box being sworn saith that he being at Church when Thrift was killed observed that he was overtaken in Beer by his countenance and absurd carriage section 3 Touching which Deposition I shall offer to thy consideration these things 1. That this Deposition as it is under their Clerks hand is not entered as a distinct Deposition by it self but it is shuffled up together with that Deposition which he took at Marlborough May 8. of which I have
again for Henry Sheyler then deposed That William Pinchin was at the same time with John Travers and made Nowell the same proffer and promises I must tell thee further that soon after this Deposition of Henry Sheyler was taken Nowels wife being before at a window and hearing what had passed comes towards the Doctor for unto him were the most especial addresses made and after a long and a low Courtesie adds Yea surely if Mr. Bushnell had not to pick a thank with Coll. Eyre told him of my Husbands Gun and said that therewith he used to kill Hares and Pigeons we would not have been here to day to have sworn against him And still continuing Courtesing to Mr. Chambers who then turned his head about and looked towards her she adds farther That he had known her of a long time Now if it be true what the Country reports of her she hath in her time been very virtuous woman and of very credible acquaintance Now when I heard these words so unexpectedly spoken and that there was as much or more confest then we desired to prove I could not choose but smile Which Mr. Byfield noting was much displeased with adding withal to this purpose That it was not or that I should not finde it a laughing matter Indeed it is true it was no laughing matter Christians ought to be sorry for others offences and such an offence I shall prove this to be that it is no lesse then perjury And yet thus much let me tell Mr. Byfields friends that if I were to blame for laughing at it then certainly he and his Commissioners deserved no commendation for making use of this Testimony it is enough to make the evidence suspected yea and be it what it will rejected too by equall Judges If it shall appear to them and it was evident enough here That the witnesses depose out of malice or for hopes of reward Nay more such informers are looked upon as guilty of falshood although they spake nothing but what was true I wish that his surviving friends would take notice of the marginal quotations and practise accordingly where they may see that notwithstanding Doeg spake no more then what was true and nothing but what he had seen and board yet David charged him for telling of lies and with having a false tongue for it giving us to know thus much that it is all one to speak the untruth or the truth if the truth be spoken in an undue manner Proportionably say I in case it had been true what they informed yet since the impulsive which incited them unto it was spleen and revenge for a conceived injury which I had done them some seven years before and their aime some hopes that they might sell Ale again may they be as justly taxed of falshood and lying as Doeg was Nay farther Doegs was a bare information and no more and therefore David chargeth him only with lying and falshood but doubtless he would have had another name for it if he had thus spoken upon Oath Nor can any deny it but that if he who speaks a truth after that undue manner speaks falsly then those who swear a truth after that undue manner swears falsly And could Mâ— Byfield countenance encourage and serve his turn with such vile practises as these and yet thunder against me for smiling at them Could he strain at this gnat and swallow the other Camel I shall desire them to observe it that our Saviour speaks the words to the Scribes and Pharisees whom he calls there Hypocrites the Scribes went for the knowing the Pharisees for the just holy or godly of the times yet both these our Blessed Saviour chargeth with blindness and hypocrisie to give us to know thus much that in case we be Scribes never so knowing yet if our eyes are alwayes on others and never on our selves we are no better then blind or in case we be â—harisees and of never so much pretended sanctity yet in case we should be rigid against others if we be indulgent to our selves quick to observe and aggravate and multiply and judge anothers mote and wholly in the mean time to forget our own beam we are no better then Hypocrites Ye blind guides which strain at a Gnat and swallow a Camel section 14 But to return to the Depositions Henry Sheyler hath deposed That William Pinchin and John Travers proffered to take up their Bond that they might sell Ale again in case they would appear and swear against me Now I must tell thee that beside this hope and their quarrel against me about the Gun I believe that Nowel and his wife had another thing to incite them to appear against me which was that they looked upon me as one who had been a cause that their former License was taken away For I must tell thee that beside many disorders which I had heard of from this Nowels house lying â—ot at the foot of Box hill as it is in the Deposition but in a remote place both of the Parish and the County there was a complaint made to me by the wife of one John Pitcher living not far from this Nowels house which as far as I can remember was to this purpose That her husband John Pitcher did usually haunt this Nâ—wels house and that for whole dayes and nights together that he there mâ—st wastfully spent his money which he earnâ—d at his hard labour she his wife and many small children in the mean time wanting necessaries I think she then told me that her huâ—band had pawn'd some of his houshold goods as platters or the like for Bâ—er but this I am sure she then told me that what for some money in hand what for the satisfaction of an old score he was making over a small parcel of sheep which they had to this Nâ—wel which if he did she â—ayes that she and her children must go naked She told me farther Thaâ—â—â—r husband coming thence in his distemperature was very outragious and unnatural towards his wife and children that he had been there the last night that he came home but that morning which was the Lords-day and that she had left him at home asleep I hearing this sad story from her and guessing both by her countenance and habit that her condition was very lamentable and knowing that she had many small children bade my servants to take her in to relieve her and withall commanded that they should give her somewhat to carry home for her children she having told me before that she had at home no sustenance for for those small children nor money to buy but before she went away I asked her what her husbands carriage was towards her and her children when he was himself and sober she told me that it was both loving and careful and that he was never so outragious as when he was set on by this Jone Nowel whereupon I considering the perishing condition which her poor small children
shall manifest it hereafter unto thee that this report is both false and slanderous but only to evidence thus much unto thee that be it true or be it false yet William Pinchin could be no competent Witnesse of it because by his own confession he was at the same time at another place about four or five miles off It hath been observed as a most sencelesse and imprudent piece of malice in the Chief Priests and Elders and indeed Malice is alwayes such that after Consultation they should order it in Sanhedrim That large Money should be given to the Souldiers to say that hâ—â— Discipâ—es came by night and stole him away while they slept Si doâ—mierunt quomodo surtum viderunt Si autem non viderunt quomodo fuerunt testes If they slept how saw they the theft and if they saw it not how could they be Witnesses Proportionably say I if William Pinchin were then at Broughton it is impossible that he should see it And if he saw it not how could he be a witnesse Such conjecturall reports or informations upon hearsay I have known to have been rejected by Justices of Peace in matter of Tythes and shall such an Oâ—th in one case be insufficient to help a man to a shilling and yet in another case be enough to undâ—e him And cleerly these Commissioners gave me here a taste both of their justice and discretion as likewise hinted unto me what I was to expect from them in that they did not only receive such a deposition as this from such a man as this but also set it in the fore-front and make it the Leading Deposition to all the rest section 8 But now as to some other parts of his Deposition as to the first Article William Pâ—â—chin swore positively at this time at Lavington that the day whereon Thrift was kil'd was Midlent-Sunday and that I usually kept Feasts on that day Yet at Marlburrough afterward he takes a greater latitude and sweaâ—s That he was assured that it was betwixt Candlemas and Easter it seems he was not assured of what be swore before whereas upon search in the Register it was found to be on the 13 of Septemb. which as Mr. Byfield who pecused the Register Book said was nothing neer it As I remember it was at this time that Mr. Blisset to reconcile these clashing Oaths and to strengthen his Evidence said that this mistake was only in a Circumstance the Time and such a mistake is enough to mar the whole Action Malum ex quolibeâ— defectu And if Circumstances are enough to specificate moral Actions then much more divine Oaths as they are not to be urged but in weighty and intricate causes so they are not to be taken without much deliberation and precaution He who hath sworn to speak the truth the whole truth and nothing but the truth forswears himself if he speak any thing more any thing lesse or any thing beside Qui in juramento assertorio aliter dicit quam res est et si in re lâ—vissima pejerat The least aberration in an assertory Oath makes it no lesse then Perjury Thou shalt swear the Lord liveth in Truth in Judgment and in Righteousnesse in truth not falsely in judgment not rashly or unadvisedly in righteousnesse not wickedly These three are called Comites Juramenti the Companions of an Oath without which no Oath can be lawfull Judicio caret juramentum â—â—cautum veritate juramentum mendax justitia â—uramentum iniquum seu illicitum And yet no lesse then two of these three hath William Pinchin neglected in his Oath Judgment for he swears rashly and unadvisedly mistaking the Spring for the Autumn and March or April for September and that he made as little regard of swearing in truth as he did to swear in judgment I am next to tell thee section 9 For William Pinchin at this time at Lavington deposed that I preached not that Afternoon when John Thrift was killed imputing it to excessive drinking Whereas at Marlburrough he deposeth that I had received 6 s. 8. d. from the Widow Hedges for preaching a Funeral Sermon upon a Lords day in the Afternoon at the buriall of her Husband John Hedges Now it appeared by the Register then in place and examined that John Hedges was buryed on the self same Afternoon of the same Lords day whereon John Thrift was slain So that William Pinchin having formerly sworn that I preached not that Afternoon swears afterwards that I received Money for preaching a Funerall Sermon at the same time Another Circumstance for Mr. Blisset I could not perceive it that any of the Ministers took it amisse that I received such a reward perchance Mr. Byfield looked upon it as a piece of Sacriledge that I took no more but if they had it would have been testified to their faces that some one among them had on a time received three times as much for the like service section 10 And now had you seen how William Pinchin did then look being thus palpably convicted by himself and caught in his what shall I call it Perjury Perchance some may say that according to the ancient notion of the word Perjury as with reference to our Municipal Laws it was not so much Or shall I call it false witnesse it was more because he was sworn and the Rule of the Civil Law is that whoso shall depose any falshood in Testimony shall be held guilty of Perjury But the Reader may call it what he please yet of this I am sure that with God and in Scripture Phrase false swearing and Perjury are all one With him the Crime is the same wheresoever committed and as the Crime so doubtlesse the Punishment will be the same I say had you seen how Ghastly William Pinchin then looked being thus surprized you would have said that there needed no more to have stopt William Pinchins mouth from swearing or the Commissioners ears from crediting him section 11 But passe we to the next part of his Deposition which refers to the Second Article of Charge against me And he saith further That he knoweth that Mr. Bushnell have usually till within these two years frequented Alehouses in Parish businesse and have there drank hard in Mr. Speke 's and Mr. Long 's Company and have saw him set drinking there after they have been gone but cannot say that ever he have seen him drunk section 12 Touching which I shall offer to thy consideration 1. That we have here expressed that he swears upon his knowledge whereas we have not the word in the former part of the Deposition which may confirm thee that what he had deposed before was either upon Conjecture or Hear-say 2. Those words That I have frequented Alehouses in Parish businesse I shall in this sense admit to be true As often as there were Meetings at Alehouses touching Parish businesse which was but very seldome I might frequent them that
a resisting of the Holy Ghost because â—hat wilfully and wickedly against Knowledge â—nd against Conscience they contemned his perâ—â—n reproached his Life Miracles Doctrine and â—boâ—â—ed the multitude to believe and report such 〈◊〉 of him which they themselves must needs 〈◊〉 were both false and slanderous And all this â—or the carrying on of their hypocriticall pomp â—nd vulger esteem After which I added that â—uch who are busie to suggest false reports of â—en and are desirous to publish such things â—f them which they know are false on purâ—ose to make them odious that they may the â—â—tter compasse some base end of their own â—nd make no conscience of what they report â—ut only labour that they may get credit to it â—â—ch men as these are in that way which leadâ—th to that sin which is the sin which shall â—t be forgiven And indeed such men do so â—roperly perform the Devils work for he is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Calumniator a Malicious slanderer â—â—t it is the great pity or mercy of God that â—â—ey are not with him for their Wages This was the sum of the Discourse which I â—ade upon that part And if I shall be conâ—â—nced of any thing therein as contrary to and Doctrine or good Manners as containing any â—â—ing false or unseasonable I shall most willingly â—tract it and be beholding to the man that shall â—struct me better Till then I shall remain in the same minde as formerly I was but shaâ— not cease to wonder at some body and considering that it was the wickednesse of thâ— Pharisees which occasioned this Discourse â— likewise considering the end which in likely hood hath befaln them for this wickednesse I say considering these things I cannot bâ— wonder at some body as Cicero did at Mar. Anthony I wonder at thee Anthony that thou dâ— not tremble at those mens ends whose Actions thâ— dost imitate section 30 I must trouble thy patience a little furtheâ— about this same Tho. Powel I have alreadâ— told thee what I spake as likewise the occasion upon which I spake it But now whâ— should Thomas Powel take this amiss and keeâ— it so long in his minde and article againâ—â— me for preaching against Malice 'T is weâ— known that if deducible by good consequence from the Text I was as plain and a high against others as against the Malicious was Malice at this time Tho. Powels Herodiâ—s This it is for a man to have a guilty Consciencâ— about him He confesseth himself guilty oâ— the crime by his fretting and storming at thâ— reproof I can cleerly say that my Pulpit Reproofs were far from particularising of personâ— yet I shall give thee another conjecture upoâ— which Thomas Powel might imagine that bâ— that discourse after an especiall manner I aimeâ— at him section 31 About the year 1651. there happened some difference betwixt this Thomas Powel and Robert Raynalds the Clark of the Parish the section 24 person whom I said that this Thomas Powel maliciously and spitefully prosecuted Of him Thomas Powel complains and before some Justices of the Peace takes his Oath or procures William Cottle to swear it that Rainalds had sold Beer on the Lords day as likewise by Vnlawfull Measures Here I shall desire thee to observe 1. That he neglects our own Neighbouring Justices and makes his complaint before Justices of another Division 2. This Oath was meerly upon Hear-say 3. That the complaint is only against him that sold no mention made of him or them that bought I shall have nothing to say touching the first of these But now as to the Second that this Oath was only on Hear-say I am confident that Tho. Powel dares not say that he saw it or knew of it but only by report And here William Pinchin and Tho. Powel concur again William Pinchin swears touching things done at Box when as he was then at Broughton and William Cottle or Thomas Powel swear of selling of Ale at Rainalds whenas perchance they were abroad at some other Alehouse or asleep at home But now as to the third thing If he knew that Robert Rainalds sold Ale on the Lords day then must he needs know who bought it likewise and how comes it that there is no mention made of him or them There is a penalty to the one as well as to the other and I take it the like penalty to the one as to the other And had it been pure zeal and zeal like Phinehas they had been pares in peccato equall in the offence so Thomas Powel would have made them like Zimri and Cozbi pares in poena equall in the punishment Nay further I am sure that it will be made appear that to Thomas Powels knowledge others have sold Ale on that day as well as Rainalds yea and by as small Measures yea and that Thomas Powel hath been at the drinking of it yea and hath paid part of the Reckoning and yet we have not one word from Thomas Powel of this And how comes he to be so zealous for the Lords day and lawfull measures now Certainly not out of any regard he had either to the one or the other but to satisfie his own leven'd spleen in doing Rainalds a discourtesie This same partial indirect information was among the Heathen accounted most unjust and unworthy Quis hoc statuit quod equum sit in Quintium id iniquum esse in Nevium But now amoâ—gst the people of God if proceeding from a wrong ground in the informer as Envy Malice or the like or looking towards a wrong end as benefit to himself or revenge or mischief towards him against whom he gives the information it was accounted a lye although the Informer had spoken nothing but the truth And when it shall be upon Oath that a man affirms so I doubt not but that as he who speaks so speaks falsly so he that swears so swears falsly Omnino idem sit accedente juramento Perjurium quod est in nuda pollicitatione Mendacium section 32 Now possibly I might thus discourse on thâ—se words neer about the time that these differences depended betwixt Tho. Powel and his Neighbour and Thomas Powel for Hypocrites are very touchie might cut his own heart with them his conscious breast giving him that when I reproved the fault I meant him and might watch for an opportunity for Hypocrites are very revengefull to do me some displeasure This I remember when there was a Jurie at Chippenham imployed to enquire touching Ministers and the value of their Livings this Thomas Powel and William Pinchin and another Miller I think they cal'd him Stanmore were as I heard very busie about me but then they had not Commissioners which were for their turns and therefore as to my prejudice they did nothing But since Thomas Powel makes this an Article against me That I preached against Malice and said that Malicious persons were the Devils Nymphs I must needs
conclude him to be guilty of the crime and I shall tell him further that I have read of such a one yea and a good one too heretofore Master thus saying thou reproachest us also where you may observe that the Lawyer freely acknowledgeth himself guilty of those crimes which our Blessed Saviour there reproves and yet the impudent proud thing counts himself slandered or reproached in that he is told of them section 33 We have no more to say touching the Depositions which were taken at this time But yet for a Conclusion to the Transactions of this day give me leave to observe a few things unto thee 1. That the Deposition of Mary Workman who was examined upon all the Articles and that Deposition carefully taken for said Mr. Blisset she was a Midwife and so might know much is wholly left out section 19 2. I told thee before that Obadiah Cheltenham then thwarted with a witnesse which was this Mary Workman he then affirming when she had denyed it that I had within a quarter of a year signed two Children with the sign of the Crosse she holding them in her arms which he said were the Children of Mr. Speke and Mr. Snell This made the poor woman amazed considering that Obadiah Cheltenham being sworn with her self but a little before to speak the truth the whole truth and nothing but the truth and she rightly conceiving that the same Oath bound him still all the while he was before these Commissioners and speaking to my businesse I say it made her amazed that he should swear that I signed two Children within a quarter of a year when as one of those Children Mr. Speke's was Baptized Octob 28. 1653. and almost a year older then the Ordinance by which these Commissioners sate and acted Another Circumstance for Mr. Blisset section 34 Nor must it be forgotten that at such time as William Pinchin was giving in his Testimony touching my use of the Form of Common Prayer he having informed that I began with the Lords Prayer and afterward read some Psalms Mr. Byfield asks him whether after the end of the Psalms I said Glory be to the Father and to the Son and to the Holy Ghost He then asked likewise whether after I had Baptized Children I said Forasmuch as this Childe is regenerate I remember not what Answer William Pinchin made to one or other But to me Mr. Byfield seems to intimate by his Questions that it should have been matter of Charge against me if I had used either I assure thee Reader that this made me wonder And what may there be in that Doxology that should offend Mr. Byfield the thing it self and is it a crime to give glory to the Blessed Trinity or will he be angry with us because we say as the Heavenly Host did Glory to God in the Highest Were we not all Baptized in the Name of the Father and of the Son and of the Holy Ghost Which I conceive to mean more then Beza's Invocato nomine Dei Patris c. and to import as much as to devote our selves unto or to resign our selves up to the service of the Blessed Trinity And are we charged for this that we now make publique profession of it or was it disliked by him because looked upon now as altogether uselesse it being composed by the Council of Nice in confutation of the Heresie of Arrius But now what if I should prove it to be more ancient then that Council and formerly put to another use and that those Fathers did not so much constitute as quote it and quote it thereby to overthrow the Blasphemy of the Arrian because it was contrary to that Doxology which was appointed in the Apostolical and Primitive times But yet admitting that Heresie to have been the cause of it is it therefore now a crime such a crime as may deserve ejectment to continue it is our Field our Church so free from those Tares is the Orthodox Doctrine of the Trinity so sincerely taught and believed and so unanimously Tell me you Reformers have you never since you began your Reformation heard of some that have pluckt off no lesse then two of three of the persons of the Blessed Trinity stripping one of his Being another of his Deity and indeed had I not found it by experience I should not have believed it that the use of this Doxology should be imputed to a Minister as a crime or that a man should be reputed scandalous for this because he made publique profession that he was no Arrian section 35 And as touching Mr. Byfields next Query Whether I said forasmuch as this Childe is regenerate I answer that I believe that Mr. Byfield had small minde to ingage himself or me in any of the publique Schools on that Question touching Baptismal Regeneration possibly he might have read what Dr. Burges and Mr. Bedford have said upon the same Argument yea even Mr. Baxter himself doubts not but that Baptisme is an Instrument of relative Regeneration and Sanctification But to put this matter as to Mr. Byfield out of doubt In that Confession of Faith set out by the Assembly whereunto there was no doubt Mr. Byfields consent and approbation as well as his hand we have these words Baptisme is a Sacrament of the New Testament ordained by Jesus Christ not only for the solemn admission of the party baptized into the Visible Church but also to be unto him a Sign and Seal of the Covenant of Grace of his ingrafting into Christ of Regeneration Doth Mr. Byfield under his hand acknowledge it to be a Sign and Seal of Regeneration and yet is it in his judgement a crime in me to say so If it be among men when once a man hath put to his Sign and Seal the person so ingaging as to all purposes and Covenants expressed in that Instrument stands obliged to make them good and the person to whom the Grant is made will from that day rest himself assured of his Bargain because he hath it under hand and Seal And dares any say that the Covenant of God is not Authentick when as he hath put his Sign and Seal to it and if it be Authentick can it be a fault in a Minister to publish so much I shall sum up all into an Argument thus Baptisme is a Sign and Seal of Regeneration to Infants of Believing Parents But the Childe or Children by me Baptized were such Therefore it is a Sign and Seal of Regeneration to them Mr. Byfield hath under his hand acknowledged the major Proposition and the minor he dares not deny and yet he was angry with me for inferring and pronouncing the Conclusion Certainly his Spleen conceived against the Liturgy had now so far prevailed upon him that in his Passion he forgets what he had formerly written and published for Orthodox So that me thinks Mr. Byfield might have then done as did one of whom I have heard heretofore
who stiffly denying a thing wherewith he was charged and after being convicted of the truth of that Charge by a Writing under his own hand fell to smite and complain of his Head in some such upbraiding words as these Why Head Head Head hast thou forgotten what thy Hands have wrote section 36 But I shall put an end to the Transactions of this day desiring the Reader to observe only this that as we were leaving the Room about Eleven or Twelve of the Clock at night William Pinchin and Obadiah Cheltenham delivered in a Paper to one of the Commissioners which as we guessed by the Sequel contained either that they had other matter of Charge or else some other Witnesses which they desired might be heard against me The Transactions at my Third time of appearing before them at the White Hart in Marlburrough May 8. and 9. 1656. section 1 SHortly after my being at Lavington there came a piece of Paper unto me in these words Mr. BUSHNELL YOu are hereby required to take notice that the Commissioners for Ejecting Scandalous Ministers have appointed their next meeting at the Sign of the White Hart in Marlburrough to be holden on Thursday the 8 of May next by Nine of the Clock in the Forenoon when and where they expect and require your appearance before them with your Witnesses for your defense to receive their judgment according to â—he demerit of your Causes For Mr. Walter Bushnell Minister of Box these 29 of April 1656. Signed in the Name and by the Order of the Commissioners by me Will Blisset section 2 In order whereunto I repair unto Malburrough where I find at the White Hart a very great appearance For the Common-wealth summoned in by the procurement of William Pinchin there appeared besides William Pinchin Thomas Powel William Clement Nicholas Spencer John Cottle William Rawlin's Thomas Steven's Anthony Balden William Cottle of Rudlâ—…oe Henry Harris John Harding Obadiah Cheltenham being gone thence for London that morning These being all sworn were required to speak to the Articles But before any deposition was taken Mr. Byfield made a motion that all my Witnesses for I had many at that time there might be withdrawn or turned out whiles the Witnesses for the Common-wealth were in examination giving this reason That it was not meet that they should bear what the other Witnesses testified Not meet indeed for they would have noted and remembred many of their Contradictions and Perjuries which Mr. Byfield would not that they should be publique This man in his proceedings desiring to be as close and as just as the Inquisition This motion of his was soon condescended unto and accordingly put in practâ—ce he had before taken order that I should have no copy of their depositions from the Clerk which order was so strictly observed that which was strange even money would not procure it and here he takes a course that we shall not hear them from their mouths But now when my Witnesses came to be examined the others were permitted to stay still yea and encouraged to contradict controll except against and turn back whom they pleased of which the Reader shall have more hereafter section 3 The leading men at this time were William Pinchin and Tho. Powell who for in the Clerks Copy they are both yoked together depose thus That about seven years since Mr. Bushnell drank so hard upon the Lord's day as they theâ— conceived that when he was at Church he could scarcely read plain and distinctly and John Jones and Lawrence Pinchin came from his house with him section 4 Where I shall offer to thy consideration 1. That whereas Thomas Powell swore formerly in William Pinchin's track here they swear in a breast together 2. That they had both sworn before that they never saw me drunk or drinking to excess and yet now upon the matter and by consequence they depose it 3. That this their deposition is grounded meerly upon conjecture neither of them seeing me drink a drop Let us next see the Reasons or grounds which moved them thus to conceit 1. When I was at Church I could scarcely read 〈◊〉 2. That John Jones and Lawrence Pinchin came from my house with me section 5 As to the first When I was at Church I could â—â—nce read plain and could no body observe this but Thomas Powell and William Pinchin by â—hat I have charged them with and proved upon them in the Transactions of the former â—ay these two must needs appear to such as â—re of honesty or discretion to be very unfit men â—nd incompetent Witnesses against me much â—esse to be ring leaders to the rest I am conâ—ident that there were more at Church at that â—ime as well as they and such as were as atâ—â—â—tive and sate as neer as they and how comes â—t about that William Pinchin could find no â—â—earing mate but Tho. Powel This may be the reason of it Thomas Powell had the last â—ay approved himself to be a very hopeful Scholler and having then deposed that about 〈◊〉 years since I said that Malicious persons were â—he Devils Nimphs he might well depose now â—hat about seven years since I could scarcely read â—im And yet should I ask them what Chapter or Psalm it was or in what words I faulterred I believe for all their good memories they would say that they could not remember it if the faultering had been often the Congregation must needs have noted it and â— but once how come they to forget what it was And in such cases I conceive it necessâ—ry that depositions and examinations should â—â—scend to perticulars and as they had chargâ—â— me with indistinct reading so ought they â— have given instance wherein I faild If theâ— had charged me with Treasonable words â— Lascivious debosht speeches it would haâ—â— been demanded But what were those words â— What were those speeches I told thee 〈◊〉 long since what an excellent faculty Thâ—â— Powell had to remember when he came â— perticulars and I believe that at this timâ— had they been urged to it we should haâ—â— had some such wise answer now as we haâ—â— then it was at this time that William Pincâ—â—â— informs upon Oath that I had used some â— the Common-Prayer at the Thanksgiving for 〈◊〉 Wife and being asked what I said he answered that I prayed that the Moon shoulâ— not burn her by day nor the Sun by night doubtless this man remembers himself accordingly as he teacheth Tho. Powell section 6 But Farther in case I read not plain thâ— cause might not be in me but in the booâ—â— wherein there are many Typographical Errorâ— some of which I might unexpectedly light oâ— It might proceed likewise from dimness 〈◊〉 sight darkness of the afternoon or froâ— many causes beside But if they will need have it that he who reads indistinctly must undoubtedly have drank hard before I shalâ— â—rom their Antecedent infer this conclusion That their man since at Box never came to
him to do that which I believe hath troubled VVilliam Clement more then the taking of any Oath whatsoever of which thou shalt have more hereafter for the present I shall only acquaint thee with what affections VVilliam Clement appeared against me and afterward shall leave it to thee to Judge whether he had not some malicious and spiteful intentions which set him on work Sometime after this VVilliam Clement meets with one Thomas Morley of Swanswack neer Bath whom contrary to his former use he bespeaks very fair calling him Couzen proffering him the Beer that he was glad to see him that he had been oftentimes coming to his house or to some such purpose but in the close he fals to the business which was That the Minister of Box was not right that they were resolved to out him that an especial witness which they had against him was one Sanders who had done Thomas Morly some wrong That is had broken open and robb'd his house but in regard that this Sanders was so material witness for their purpose his request to him was That Thomas Morly would not at that time appear against him because that might very much impair the credit of that witness whose Testimony was so useful All that I shall now say touching this VVilliam Clement is only this that be who laboured to stop another mans mouth from speaking a truth which might have been to my behoof may rationally be conceived to open his owne mouth to report a falshood which might be to my prejudice section 20 The Transactions of this day do now draw towards an end for although there be seven witnesses yet behind viz. Anthony Balden John Harding John Cottle VVilliam Rawlings Thomas Stevens Henry Harris and VVilliam Cottle of Budâ—â—e for his mother yet these being sworn and examined upon the several Articles had not one word to say to either which made one of the Commissioners in a kind of wonder to ask Wherefore so many were summoned to appear having nothing to say I cannot but tell thee that one of the witnesses whom I named but now conceived that at that time we should have had an end of it in regard that all that said any thing which signified any matter of charge against me were William Pinchin and Thomas Powel and in regard again that it was so manifest that what they spake they spake out of malice which said he the Commissioners having more understanding then we must needs perceive and so they did some of them and one of them a Minister too to the Doctors credit be it spoken reported it elsewhere And yet w ch is strange in this man although he discovered their leaven and so must know them to act from base principles and with reference to a â—â—se end yet he always vouchsafed to these men whom he knew thus to act his favorable countenance and furtherance I know that the comparison would be odious and therefore I will make none only let me observe thus much unto Dr. Chambers That Pilate sought to discharge the person accused before him because he perceived that they delivered him out of Envy and it is commendable in him but now here we have one acknowledging that the prosecution of these witnesses proceeded from malice and yet he backs and incourages the very worst of them to go on section 21 It was at this time that I desired the Commissioners might have been informed upon Oath what a manner of man William Pinchin had formerly been towards Grand-father in law and Grand mother Father and Mother Father in Law and Mother in Law Vncle and Aunt Brother and Sister and how barbarously he had used me and what further mischief he had threatned against me for no other cause that I can imagine but only for entertaining lâ—dging relieving clothing furnishing with money his Father Mother and Brother when he had beaten them out of doors for I had a confidence that there were then amongst the Commissioners some Gentlemen of discretion and conscience who having a right understanding of his qualities and conditions and being informed how he had been several times complained of and convicted before several Justices of the Peace of such horrid and barbarous crimes as have scarcely been acted since Cain and the Father of Canaan and Absalom lived upon the Earth All which I could then and at this present can easily prove would never have taken him for a credible witnesse or have countenanced him as an Informer or Solicitor no nor so much as looked on him unless it had been in detestation But now none more forward to withstand and oppose this then Dr. Chambers who knew much of it to be true but was not willing 't is like that it should come to the knowledge of these Gent. for fear that he should thereby have lost so pretious a witness or perhaps for fear that he should have heard something which would have neerly reflected on himself This Doctor then acknowledging that there had been some small differences between them praying that no more words might be made of it together with an intimation that all differences were now composed or to some such purpose In order whereunto William Pinchin produces a large Paper which he had then in readiness written by himself containing a large story of his own making acknowledging that there had been some small differences among them that he had 500 l. with his Wife and that all was now composed and well or to that purpose This Paper being solemnly delivered in was deliberately read by Mr. Blisset That Mr. Blisset which would not then allow of cousening and Cursing and Paricide to be sufficient exceptions against him or any man in point of Testimony These 't is like he looked on as Circumstances and to tell thee my mind when I had observed the manner of their proceedings I could not but think of those Elders and Nobles that condemned Naboth who notwithstanding that they knew the witnesses which appeared against him to be Sons of Belial notwithstanding they knew them to be false Witnesses of their own making yet passed sentence according to that false evidence which they themselves had put into the Witnesses mouths But to return to the Paper of all other passages I cannot forget this that he sayes That now all differences were composed belike he means betwixt his Father and himself And such another Certificate might Cain have framed and delivered in and have said that All was now sweetly composed and there were new no differences remaining betwixt him and his Brother for that he himself had murdered him some certain years before That good old man William Pinchins Father was dead near three years before this time and although I cannot but believe that God gathered him to his Grave in peace so knowing what I know I cannot think otherwise but that this Son of his hastened his fall and so although the Father were there by the sooner with God yet we may well
others came from my house Here we have dead men and c. my companions again for although Mr. Hunt were then living yet he was not at the time of my appearing before the Commissioners in a capacity to vindicate either himself or me And whereas he sayes that they had there drank very hard it must be replyed that it was more then John Travers knew whether they drank so much as a drop there he saw it not for he was not in the house and therefore what he swears is either upon conjecture or hear-say This is the third time that they have received such Testimonies against me section 8 I shall give thee an account of the story as it was A party of Souldiers whereof John Travers was one having taken up Horses in the Parish amongst others light upon a Horse or two of one Mr. Colliers a Gentleman then living in Dorsetshire and a Brother to Mris. Hunt whom he then came to visit they being thus distressed repair to Colonel William Eyre for his assistance which he promises in order whereunto he repairs to Box wiâ—l her likewise repair Mr. Hunt Mr. Collier Mris. Hunt and two more of her Sisters who conceiving Colonel Fyre to be at my house come thither but not finding him there after a very short stay they make to another place where they understood he was and I along with them And I assure thee that their hast was such and their stay with me so short that I cannot say that they ever sate down or drank so much as a glass of Beer And thus much would two Souldiers at that time quartered with me in the house who were more likely to know and to speak the truth then John Travers have deposed if I could have had so much justice that they might be heard Indeed John Travers was so far in the right that one of the Gentlemen was very high which was this Mr. Collier but it was in anger and not in Beer and so I believe John Travers would have found him if Mr. Collier had had him in a convenient place I have told thee that we all came along together from my house to Colonel Eyre where John Travers likewise was and many more beside where we made some stay and had much discourse about those Horses and other matters And it is strange that none should observe this distemperature in all that time but only John Travers who never saw us drink But doubtless John Travers expected some monies for his pains and therefore right or wrong true or false he would swear somethinng to the purpose that he might seem to have deserved his wages I hear that afterward he wished that he had never medled in it so did Judas too for that he had thereby gained the disrespect of some Gentlemen nor can I wonder if that all men should abandon and abhor his society that sticks not at forgery and perjury But since he is dead I shall say no more of him but only this and this interrorem aliorum That notwithstanding he had been of a long time a Contribution gatherer a plunderer an informer a kind of Agent and Sequestrator yet it is said that he dyed very poor and notwithstanding he had been many times absent from Slaughtenford and for a long time together yet divine Providence so orders it that he should die a beggar in that place where his infamies were known and practised touching the manner of his death I say nothing section 9 Next comes Jone Pinchin widow and says that about two years and a half since Jane Hendy told her that Mr. Bushnel had attempted to lie with her and withall said that she did think that most of your Parsons were flâ—shly given And saith That about two year since Mr. Bushnel baptized Mr. Spekes child by the Book of Common Prayer and signed it with the sign of the Cross section 10 You may remember that in the Transactions of the first day at Lavington I told you that Jane Hendie was summon'd in as a Witness for the Common-wealth but I made no mention of her information then conceiving that it might be better deferr'd till another time She was likewise at Marlburgh May 8. and was sworn there likewise her Deposition being taken in these words That she never heard of any lascivious talk from Mr. Bushnell nor did he ever attempt to lie with her nor doth she remember that she ever spake of any such thing to Jone Pinchin widow or to any other person This her Deposition together with her age and poor withered countenance had in all likelihood satisfied the Commissioners as to that particular but now William Pinchin at Lavington boldly interposes and tels the Commissioners that his mother this Jone Pinchin had told him that this Jane Hendy had said so much to her on which Master Chambers adds that if Goodwife Pinchin had said so he was bound to believe her And againe at Marlburgh May 8. when there were Papers delivered in by William Pinchin written by himself wherein it was affirmed under her mark that Jane Hendy should say so the Doctor adds again That If Goodwife Pinchin said so he was in conscience bound to believe her section 11 Now by the Doctors leave I conceive these words of his I am bound and I am bound in conscience to believe her were not spoken by him either with discretion or charity 1. Not with so much advisedness or discretion for it is well known that William Pinchin had that power over his Mother that she dared not but to say and to do as her Son woulâ— have her I believe so well known that the Doctor himself could not be altogether ignorant of it and what an incouragement 〈◊〉 these words of the Doctor give William Pinchâ—â— to teach his Mother to say or to swear any thiâ—â— having this assurance given her before-hanâ— That what ever she said must be believed and 〈◊〉 for currant if she had not said so yet he having such a hint given him and such a poweâ— with his Mother might easily order it that against her appearing before them she should attest it with confidence When I consider the story of Herod and the Baptist I am fully perswaded that Herods unadvised promise gave occasion to his Wives and Brothers daughter to ask John Baptists head And that notwithstanding they hated him to death they would not have made such a request unless they had been imboldened thereunto by Herods promise But now when such words shall fall from his mouth Whatsoever thou shalt ask of me I will give and this promise confirmed with an Oath This is enough to make them flâ—e high and to bethink themselves touching some great demand proportionable to his vast concession and their vaster malice One of the Evangelists reports it that having such a promise she consulted with her mother what she should ask and there is no doubt of it but that the consideration of such a
spoken already 2. Whereas the Clerk puts this in the first place as if it were the first that ever Nicholas Spenser took yet that this was the last and that his Depositions of May 8. and of June 4. of which I have spoken before were both before this to which I am now to speak Now who or what should move the Clerk in this and many other places beside to this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to invert and confound the order wherein these Testimonies were delivered or taken whether it were design thereby to confound my counsel and us that we should have a confused as well as an unperfect Paper to answer to that so having but a little time to answer unto it by this inversion of order we might be the more perplex'd or whether or no they therefore placed the Depositions of their most Gigantick swearers in the front as the Indians set their Elephants to face their Enemies that the world might think that all the rest were like the first or whether it were from neglect or oversight I cannot judge Observe 3. That this Nicholas Spenser had as I have said been twice before them before that he had been twice sworn and examined upon all the Articles and could not remember any such thing Now I have heard that it hath been deemed an undue course for a witness to be twice examined against a man This being given as a reason Because that this is to draw him on by degrees to swear home and to mend in his second Deposition what he fell short in the first Nor is it unlikely but that such who have been once or twice called in upon Examination and cannot remember any thing may if called in the third time have so much aim given them that they may remember somewhat amiss but more of this by and by section 3 But pass we to the Deposition it self 1. He swears that he was at Church when John Thrift was killed Now there are many others that are confident that he was not in the Church when John Thrift came in and rang but might come in afterward when as it was reported that he was slain But now 2. Observe with me what a notable argument the man hath got or what reasons he hath to perswade him to believe it He observed that he was overtaken in Beer by his countenance and absurd carriage I have seen this Nicholas Spenser as fantastique and ridiculous in his carriage as I have seen any man turning himself half round upon his toe or his heel casting out his legs throwing abroad his arms and for his countenance I have seen him as our Proverb goes as red as the roust Cock and yet I believe at that time he hath been as far from distemperature as he was at this time from truth or charity section 4 We have had often mention of the death of John Thrift as likewise in what condition he was in when he was slain I shall here once for all give thee a brief of the story as it was This John Thrift living in the Parish of Box and being my neer kinsman together with his wife and some others of our neighbouring kindred agreed among themselves as I have since heard to meet all together at Church at Box and afterward to dine with me there was neither feast prepared nor any invitation made by me as many of them yet living did depose before these Commissioners Soon after dinner I retiring to my Chamber this John Thrift speaks to some others to go along with him to the house of one John Hedges who was to be buryed that afternoon with a purpose to attend the Corps to Church But in the way thitherward understanding that the company there expected were not as yet come together they turn into the Church where there were some ringing where this John Thrift takes a rope from one that was ringing and soon after delivers it to him again as you have it in Richard Cottles Deposition to which I refer you Now soon after this he espying the Tower door open arises from the seat to which he had retired himself after his ringing and beckning to one to follow him goes up the stairs as 't is thought to see how they tol'd the great Bell in the Tower and being in all likelihood utterly unacquainted with the place as he who followed him likewise was going up a Ladder about 12 rounds whether by a blow from the trap door or from the Bell or from the wheel or by what other sad accident it is not known he fell from the Ladder as it is thought upon a piece of Timber lying in a nether loft and was taken up dead This as to the manner of his death Now as touching the condition he was then in beside the opinion of William Love and the testimony of Richard Câ—ttle take the following Depositions section 5 The first in these words John Jones being sworn saith That at the time mentioned when Thrift was killed this deponent dined with him at Mr. Bushnells when he came there by accident and drank no more then might do him good and went thence to the Church where he came by his deaâ—h â— but saith that he was not distempered with Beer And saith that the said Mr. Bushnell then went forthwith from dinner to his study as this Deponent conceived section 6 Take another given at the same time 〈◊〉 place and taken in these words Richard Pinchin of Box being sworn saith That he was then also at Mr. Bushnells at dinner and speaks fully to the same purpose as doth John Jones and sayes that there was no drinking after dinner section 7 Take a third given at the same time and place and taken in these words Jane Hendy being sworn saith That at the time last mentioned the said guests came all to Mr. Bushnells by accident without invitation as Mr. Bushnell told her she being his servant section 8 Let us now take a short view of these contradictory Depositions and see in which of them there lieth the greater likelihood of the truth which will be done if we look on 1. The quality of the persons who thus informed And 2. If we consider whether of them had the more likely means to know the truth in this particular In brief whether of these were more likely to know and which of these were more likely to speak the truth Touching William Pinchin and William Cottle and of their creditableness you have heard something already and more you shall hear anon and as touchâ—◠〈◊〉 Nicholas Spenser I have told thee but now â—â—â—t he had been twice sworn before and could remember no such thing as likewise what may be thought of such who have been at several times admitted to swear against the same person I have told thee likewise what incouragement the witnesses had to swear any thing against me and such most made of that would swear most desperately So that Nicholas Spenser having been
they thought that if Sanders himself had appeared in person he should have been apprehended for his former felonies and so sent to a place where he should have been secured from starting section 23 I love not to trouble my self or thee with the whole story of his infamies let the Reader enquire after him in any place where he hath lived and I believe that an especial token that he will be remembred by will be some vile prank that he hath plaid and the truth is that when this Sanders appeared at Box Church-house where his Father lived we of the Neighbourhood conjectured either that he had done some pranck elsewhere and was come thither to shelter himself or that he was come thither to do some good pranck in order whereunto it was observed that he was much accustomed to night-walking as he pretended to go a Fishing and such was their credit if any thing were lost Sheep or the like and search to be made the house which the Officers did usually begin with was the Church-house where this Sanders Father lived and harboured him section 24 Yet with a pranck or two of his being of latter dayes being notoriously known and infamous I shall here acquaint thee with sometime in the year 1654. I think it was about the 15. or 16. of September this Sanders being at an Alehouse in Pickwick in the Parish of Carsham in the company of one Thomas Stockman of Bathford he falls there to abuse him so far forth as that he forced him to pay a reckoning for Beer c. which Sanders had spent before Stockman came in and afterwards following the poor man going homeward it being night in a lane about half a mile from the house where they had drank this Sanders overtakes him knocks him down robs and wounds him so grievously that he lay sometimes under the hands of a charitable person for his recovery Insomuch that complaint was made to a Justice of Peace who grants forth his Warrant yet to be shewn against Sanders but I know not the cause of it this Warrant was never served upon him so that he stands guilty of this assault and robbery even to this hour Thus much hath Thomas Stockman formerly affirmed although at this time he would neither be deposed of it nor prosecute Sanders for it for since the time that he was rob'd and this July 1. this Thomas Stockman is faln off to the Quakers and therefore conceives Oaths and prosecutions to be against his Principles And all this would have been testified to the Commissioners if they would have given my witnesses leave to speak I shall trouble thee with one passâ—ge more I having some discourse since with a man of Corsham one whom the Doctor knows and pretends to respect much touching this business and having told him that Sanders was an especial witness against me the man by way of wonder speaks to this purpose Why they would not take the Testimony of such a rogue as Sanders I think would they and then tells me a story that Sanders on a time coming to his house fits him down by the fire where the man having some occasion to go into another place left him sitting but at his return which it seems was sooner then Sanders expected he finds this Sanders with his feet standing in the fire and his head and his hands up in the Chimney stealing Bacon that hang'd there Nay even at this time his Oath and behaviour were such that it bred astonishment even in those that countenanced him Insomuch that John Travers sitting by and hearing his Deposition was overheard to say to this purpose There is a rogue to swear I could not keep him sober a day together but that he would be drunk every day section 25 And indeed the Commissioners might soon have perceived the truth and credit of this man if they would have noted or been informed touching words by him then spoken he being then upon Oath and those were touching his fidelity to the State and his service done to the State and the wounds as he reported yet to be seen which he had received in the State-service Whereas it would have been proved if they would have heard my witnesses That he received those wounds when he was in arms against the State and under the command of Captain Thinn and 't is like enough that he had there continued still had he not fear'd that they would have hanged him for breaking open and robbing houses and this fear it was and not any good will which forced him over to the other party there to secure himselfe and as John Travers reported it brought a good Horse with him to give them some assurance that he durst not go back again to that party from whence he fled and as Sanders then affirmed he became a Souldier under Captain Travers a fitting match like Captain and like Souldier section 26 But may some say That all this however true makes him no more then a thief or a robber of both God and man or a plunderer or a paricide a profaner or a drunkard or the like But now this doth not wholly disinable his Testimony but could I make it appear that he had formerly foresworn himself that then I had said something to the purpose To this I shall answer 1. That by their instructions the Commissioners were to take the Testimony of none but credible witnesses and then certainly it will appear by that which hath been already said that Sanders to all uninterested men is nothing like it we cannot prove it that those who bare false witness against Naboth did ever bear false witness against any before But this it was which rendered them suspicious and with just Judges should have been cause enough to abhor them because they were sons of Belial wicked mischievous lawless men men of so much known infamy that they would not stick at any thing which was put upon them be it either to speak or to do but in the general were ready for any wicked imployment and for the particular fitted themselves according to their occasions who imployed them Such who held a common shop for all commers and would furnish their customers according to their likings And here by these Commissioners leave I shall tell them that there are other exceptions as well as former perjury which with equal Judges such who have the discretion to know and the conscience to practise just things may render some witnesses unworthy of credit In that famous trial of Faulconers perjury in the case of the Lord Craven we have several proofs brought in touching Faulconers former behaviour and credit and all taken a piece of justice which I could not obtain from these Commissioners as that this Faulconer had been a blasphemous debaucht man a cousening and cheating fellow and one that had been several times committed for suspicion of felony and all for this purpose to make it probable that he who formerly had for nothing or
betwixt this Mr. Long his Mother and Brother which were heightned so far as to some suits of Law that these differences caused a great alienation of affections betwixt them so great that although but three the same house would not hold them for the composure of which strifes there were many and some persons of quality that travel'd much in it and it was the pleasure of some of them to take me along with them as one who was well known to all the disagreeing parties and well thought of by them in order to a composure I was sometime with one party sometime with another and sometime in one place and sometime in another and that for more hours together then are mentioned in the Deposition And that this was the business which drew me to Rainalds house at this time and occasioned me to stay so long there and that I was not at all distempered with Beer would have been Deposed by Mr. Canion mentioned in the Deposition who was then and there all the time and heard and saw all that had passed but him beside many other very material witnesses they would not admit of section 32 And I have now presented thee with all the Depositions against me as I received them under their Clerks hand and I make no question but the Reader remembring how many Depositions I have charged them with which they never took how many Depositionâ— were taken but never entred and how many Depositions were entred by halfs will take these for the greatest worst which they had against me To which beside what I have already observed I shall offer to thy consideration some few things more 1. Whereas there is mention made of my being at Bailies and Rainalds his Alehouses and of my drinking there I shall tell thee that I had both the women who keep these houses being both very antient and their husbands dead before the Commissioners who were there sworn but their Depositions in the Clerks copy very much contracted and are only in these words 1. Sarah Rainalds who keeps the Alehouse aforesaid sayes that Mr. Bushnell seldom came to her house but in Parish business nor hath he been there this half year and the last time not to drink 2. Elizabeth Bailie who kept the Alehouse aforesaid being sworn saith That Mr. Bushnell never came to her house as she remembers but upon Parish business for making rates or the like but saith that he hath not been there this two years past This is every word which we have as deposed by them when as 't is well known that their Depositions were very much longer I passe by that part of Sarah Rainalds Deposition where she informs that I was once there in company when the reckoning came to two shillings and to Mr. Byfield who asked how many there were of us answers that there were about sixteen and besides they had Tobacco which passage the Clerk noted although he did not take it and to Mr. Byfield who somewhat scrupled the reckoning sayes looking up into Mr. Byfields face that there were sixteen and that they had Tobacco too section 33 But now the Question which I desired might be proposed to them both was this Whether either of them saw me distempered with Beer at any time or drinking to excess in their houses Which Question was proposed to them both and they both answered No. If there had been any such thing that I had drunk hard with Mr. Long or any other they must needs know it and had they known it I am confident that they would not have forsworn themselves to conceal it I know not whether it were at this time against them or at another time against Thomas Brewer that Mr. Byfield took exceptions to this purpose That they were parties being Alehouse-keepers and therefore not likely to speak the truth because it might prove penal to themselves for entertaining any too long or letting them drink too much Now to see the Disposition of that godly man he would not believe that any swear truly but such as swear as he would have them To do a mischief With him no Witnesses were credible but desperate ones Nay to see the abundant charity of that man I presume that he conceived these women to have some understanding of an Oath otherwise he would not have admitted them to swear and yet he sticks not to imply that they would perjure themselves to save their five shillings a piece I had it not at that time in my head but now let me mind them of one thing more of which I have some confidence and it is this That had these women by virtue of those Oaths which they had then taken been demanded Whether they had never seen William Pinchin drinking to excesse in their houses they must have answered that although much against their wils when they knew not how to be rid of him he hath been drinking and smoking and quarelling and drivelling so long that he hath made himself worse then a beast yea and that this would have been proved too he hath there disgorged himself I say not into his Hat but as seemly as one that uttered his minde having overcharged himself with Wine and Quince pie section 34 I had at this time and before several Witnesses with me which I desired might be examined upon such Queries as should have been proposed unto them but a word of exception against them from William Pinching the Solicitor and Mr. Byfield the Advocate soon silenced or put them all by and thus they served no lesse then four at this time some whereof would have told prety stories of William Pinchin John Travers Obadiah Cheltenham William Cottle William Sanders yea perchance of the Doctor too if they might have been heard which doubtless William Pinchin foresaw and thereâ—ore was so forward to stop their mouths Mr. Byfield and the rest ever seconding him having this pretence for what they did That what those who deposed against me was for the Common-wealth and present Government but that those who would have deposed for me was against the Common-wealth and against the present Government section 35 But amongst others there appeared for me at this time Henry Sheyler before mentioned whom William Pinchin stoutly opposed alleadging That he was a drunkard and that there had been two Bastards laid to his charge To which the other as stoutly replies That that charge might be false as well as true but put him in minde of an attempt of a Rape made by this William Pinchin upon a Woman near Bristol when they two were in Armes in the Kings Army and had he not been taken off pretending this was nothing to the present business he would have told the Commissioners such a story of their witness and Solicitor William Pinchin naming the time when the place where the manner how together with other circumstances so filthy and much worse then beast-like that I remember not that I have in any Author either sacred
or profane met with a story to match or parallel it unless that Lam. 5.11 come near it but this was quasht and Henry Sheyler permitted to proceed which he did in these words That on Saturday on Whitson week last past he went to enquire for William Cottle whose wife told this Deponent that he had been three or four dayes running after William Pinchin to witness against Mr. Bushnel upon which William Cottle coming into the house told this Deponent That William Pinchin promised him that if he would swear that Mr. Bushnel came drunk from Corsham he would make him Parish-Clerk and Register of Box. However if he were not ejected he should be Register And then said farther that if he should swear it he should offend the Gentlemen if not the Farmers To which this Deponent by reply bid him speak the truth upon which the said Cottle affirmed That he could not swear that he ever saw Mr. Bushnell distempered with Beer yet the said Cottle then affirmed that he had now an opportunity to be even with Mr. Bushnell for permitting Col. Eyre to send him to Bridewell for selling Ale without Licence section 36 Some few things I shall here offer to thy consideration touching this Deposition of Henry Sheyler 1. That William Cottles wife told him that her husband had been three or four dayes running after William Pinchin to witness against Mr. Bushnell Now so much she had said before to Anthony Balden and before her husbands face too and thus much was testified upon Oath before the Commissioners sitting at Caln by Anthony Balden but it seems according to the custom either never entred or else Index Expurgatorius hath dasht it out 2. William Pinchin offered to make him Parish-Clerk and Register c. Now these were places which to mine own knowledge William Cottle greedily thirsted after and made great suit for but was rejected for both we conceiving him to be very unfit to bear any office about the Church who had been formerly thought unfit to serve so much as for a Tithingman I must tell thee further that there was some such trade driven likewise betwixt this William Cottle and John Travers For William Cottle being summoned to appear before these Commissioners by this John Travers asks him Who should pay him for his dayes work To whom John Travers replies That if Mr. Bushnell were ejected he would see that he who succeeded him should pay him but if Mr. Bushnell were not ejected that then he was likely to loose it A pretty bait for such a fellow and questionless enough to make him fetch trip or as Obadiah Cheltenham instructed him to swear out right for otherwise he was likely to lose his present labour and expected reward and that this was discoursed betwixt John Travers and William Cottle was testified on Oath before the Commissioners now sitting at Marlborough by Mary Bayly but either not taken or else Index Expurgatorius hath been here again And here let me observe this unto thee how that VVilliam Pinchin and John Travers have their varieties of baits and flies sutable to the appetites of their fish We know that Cataline had such heretofore yea Mr. Chambers the chief Priests and Elders made use of the like Matth. 26.61 compared with Luke 23 2. Nowel they knew longed to have his Bond up that he might sell Ale again and therefore they promise him That if he will appear and swear that shall be taken up VVilliam Cottle sore longed for these offices and therefore VVilliam Pinchin baits for him with these promises That if he would swear that Mr. Bushnell came drunk from Corsham he would make him Parish Clerk and Register section 37 It hath been observed that there are four things especially which cause false accusations Malice Obsequiousness Coverture and Covetousness we have no lesse then all these discovered in this VVilliam Cottle here 1. Covetousness The Registers and Clerks place together with five pound beside were promised him as his reward and he must swear that I came drunk from Corsham that he might obtain it 2. Obsequiousness He seems little to regard it whether he swore truth or falshood but whether he should please or displease If he should swear it he should offend the Gentlemen if not the Farmers 3. Malice and indeed leavened stale and sowred Malice and such on which the sun had gone down many an hundred time That he had now an opportunity to be even with me for permitting Col. Eyre to send him to Bridewel for selling Ale without Licence which happened about Sept. 1653. 4. Coverture if it be not somewhat worse for he falsly chargeth me of his crimes and he therefore chargeth me with them because I had laboured to suppress them in him when as he was guilty of them like the Elders in the Apocryphal story of Susanna because I would not consent or suffer him to practise profanations and other disorders he chargeth me to have been a practiser of such section 38 I am now willing to put an end to the Transactions of this day only I shall tell thee before that at this time it appeared that they had somewhat overshot themselves an usual thing for such Polititians and that it was in some sort long of themselves that they had not their will of me so soon as they desired I have told thee already that Mr. Byfield had taken order formerly that we should not in any wise have any copy of the Depositions which at this time stood us in some stead for the Doctor and he had then a strong party yea and if not a Quorum yet a major party for them Their friends of Marlborough and some one of Sarum Mr. Phelps were at their elbows who no doubt had it in their thoughts to have made a quick dispatch with me but my counsel opposed their sentence then because we having no copy of the Depositions could not possibly give in any answer or plead to the charge The Evidences were long and could not readily be summoned up either by my Counsel or by him which was for the Common wealth This obstructed them at that time and for the present the business was suspended section 39 I heard the next morning that my next appearing should be at Sarum about the Assize time shortly then to follow but soon after I had word brought me that it should be before that time and at Lavington I understood likewise that Mr. Byfield was the cause of that alteration for having been for some time absent and at his return into the room understanding what had passed the man began to be in some passion and clapping his hand upon the Table he fiercely tels them to this purpose That if that order stood the order made in his absence or if I were nâ—t ejected he would sit no more amongst them Whereupon for as I have said he had then a major party that former order was reversed before the Ink were dry and I being called
in Mr. Blisset read a new Order to me to this purpose That my next appearing before them was to be at Lavington July 14. where I was to have my final judgement that I was not to bring in any more witnesses for my self but that they for the Common-wealth might bring in as they pleased Whereupon for that time I had my discharge but I looked upon my self as condemned and that this was only a reprieve from Execution for so many that is about 12 dayes The Transactions at my sixth time of appearing before them July 14. 15. at the Antelope in Lavington section 1 ALthough I looked on my self as a condemned person having now no liberty left me to speak for my self nor any beside to be heard in my behalf But that all that were or would be against me had not only a liberty but a kind of invitation likewise to speak their pleasure of me with approbation and therefore might conceive that this summons was only that they might undo me with the greater reproach every son of Belial being now incouraged to wound and insult over me now that my hands were bound and my mouth stopt yet to Lavington I repair Excepting that some far sought and prepared youths would have appeared and have sworn up to the suborners instructions and the Commissioners desires When Lo there appear for the Common wealth only William Pinchin Obadiah Cheltenham Nicholas Spenser William Cottle and one Brewer I think his name be John that lived then either in Corsham Parish or at Weaver-Mill Of these William Pinchin and Obadiah Cheltenham as formerly solicite the business and unless it were in order to that or his Sequestratorship or to hear his own commendations I know not what it was which drew Nicholas Spenser thither But there were only two prepared to swear This Brewer and William Cottle But now as touching Brewers Deposition as I remember that was never taken by the Clerk but as Brewer spake Mr. Byfield wrote down something in his Note Book but what I know not A story it was he told about an Health or remembrance drank in Colonel Eyre his house and that I was then present in the room and he likewise as a servant to Colonel Eyre but that I drank that health he could not depose Whereupon Obadiah Cheltenham being belike displeased because he had sworn so much short of their expectation addresses himself to the Commissioners and tells them that he that is Brewer had represented it otherwise unto them So that it seems that they had the Catechizing of him before he came to swear yea and possibly this might be done when as they that is William Pinchin Obadiah Cheltenham John Travers met somewhere at a kind of a feast where as I have heard Obadiah Cheltenham being a small Clothier William Pinchin having fulling Mills and Brewer being a fuller this Brewer had some promises that he should be set on work by them Another bait suitable to the appetite of their fish But it seems that Brewer being at this time under another influence had forgotten his lesson and spake not as they had taught him but somewhat of the truth and somewhat which was false for he then and there reported upon Oath That at the time aforementioned he was then in Colonel Eyres house and his servant of which falshood he was then convicted by Colonel Eyre himself at that time and place present who then affirmed which the other could not deny That this Brewer had never been any servant of his that he had not found him meat and drink or paid him wages which he should be unwilling to ow to any servant But it seems that the occasion which drew John Brewer to Colonel Eyres house at this time was this it happened that this Brewer ran a hunting after their Hounds that day and so afterwards thrust himself into the house for a meals meat and 't is not unlikely but that he might be so officious as to make himself a waiter until his turn came to dine But now the Information which Colonel Eyre gave touching Brewers Deposition wherein he largely insisted on the Company there present as likewise the occasion on which that discâ—urse began as likewise the time and place where it began and from what it had its rise as likewise what he would have informed touching our being at Nowels house in order to his own vindication and mine was at this time wholly supprest because contrary to that order which they had formerly made viz. That no witnesses for me should be admitted Yea notwithstanding one of the Commissioners then sitting Mr. Michel urged that Colonel Eyre should be sworn and his Deposition taken yet the Marlborough and Sarum men together with Mr. Byfield carryed it in the Negative because contrary to their good order and the Colonel being put back I had not any hopes that any beside should be so much as lookt upon section 2 And touching this Gentleman Colonel Eyre let me here add something That as Justice of Peace he had proceeded against many of those witnesses which swore most desperately against me as felonious and scandalous Malefactors against William Cottle by sending him to Bride-well for selling Ale without License against William Sanders by sending him to Gaol about a robery against William Pinchin in binding him to the good behaviour and granting forth several Warrants against him for beating his Father and Mother out of doors I cannot say that he acted any thing against Nowel unless it were in taking away his License for although Nowel hath been since prosecuted for the attempt of a rape in an house and in the night time and he upon the out-cry of the party as I have heard making away was yet discovered by the shooe of his Hurl foot which he left behinde him yet I cannot say that Colonel Eyre bound him over for it All which notwithstanding all these men by Colonel Eyre thus proceeded against for several infamies are by Mr. Byfield the Doctor and their friends at Marlborough encouraged to testifie against him to his reproach and yet he not permitted to say any thing in his defence I shall for the present observe thus much unto these Commissioners and Doctors from a Topick drawn a Testibus ad Judices That such Judges have proceeded but with little credit or justice that have countenanced infamous persons to be their witnesses and that where sons of Belial are encouraged to testifie there the Judges are usually such as the Elders were in Jezreel or the chief Priests and Elders were Matth. 26. 59 60. section 3 William Cottle as I have told thee was now at Lavington likewise but all that he had to say was only this that he would be dâ—posed That he had never spoken such words to Henry Sheyler as are mentioned in his Deposition But the man and his proffer were both rejected and 't is like enough for this reason The Commissioners might look upon him already