THough the Law under which I suffer, be by far the most severe of any in England, that Respects Reli­gious matters, (yea far beyond any that concerns the Papists as such) yet had not I judged that there had been open Violence offered to several plain Statutes in the Management of my Prosecution, and bringing me under present Circumstances; and all other Ways and At­tempts for Redress to my present Grievances, rendred utter­ly ineffectual through the restless Solicitations, and false Re­presentations of my implacable (though causeless) Adver­saries. I had saved both my Self and the World the trouble of this present Narrative. But now having no other way left to Vindicate my self; That the World may pass a right Judg­ment both of my Person and Sufferings, I am fain to give a plain Account, both of the one, and of the other; and leave them to judge of both: Hoping also, that hereby his Majesty may take Occasion to see how much many of his Subjects are abused and oppressed, by the malicious Prosecutions of some inferiour Officers, who prosecute Penal Laws upon them ra­ther to satisfie their own Lusts, and personal Revenge, then for any true Zeal they have either to Justice or Loyalty. And when they have Oppressed any by illegal Proceedings, least their unjust Practices should be detected, and they suffer shame for the same; (being afraid to be brought to the Light, least their Deeds should be Reproved) The next Design is, by Ca­lumnies and false Insinuations, to Render the Persons of those whom they have injured, as dangerous to the Government, and [Page 2]only fit to be destroyed; yea to Obstruct and Obviate all possi­ble Attempts, that their Oppressed Adversaries can make for their just Vindication; which they do by frustrating their En­deavours in seeking Justice by Appeals, either by Way-laying them in all their steps, and so hindring their Access unto; or by Prae-occupying the minds of those with Prejudices against them, who only are capable to Vindicate, or do them Right.

These having been the Methods of my chiefest Adversaries; first, by rendring my Person Vile and Contemptible, and then as Dangerous and Disaffected to the Government: And next, by putting a fair Gloss upon their own Proceedings against me, and Obviating all my Applications for a Relief, by Writ of Error and Self-vindication, I am forced in a way of Self-De­fence to undertake a double work; First, to give the World an Account of my Person and Principles; and then, of the Be­ginning as well as Progress of my present Persecution.

As to my civil Profession, I am a Physician, was born of Pi­ous and Generous Parents, of Competent Estate; was bred a Schollar from my Childhood, and (through the Bounty of the Almighty) was never driven to the Straits of taking upon me the mean Employment of a Drummer; (as some of my Ad­versaries have often scornfully and against Knowledge Re­proached me) I have been a Master of Arts almost this thirty years, have been a Licentiate of the Colledge of Physitians in London, well towards twenty years; have practised Physick in Bristol with considerable Success, and general Acceptation, near this eighteen years; dare Challenge the worst of mine Adver­saries, to say, and prove it, wherein I have all this while Acted any thing that looks Disloyal to the King: Yea, I Ac­count it my Duty, to be subject to the Higher Powers, and be­lieve that whosoever resisteth the Power, resisteth the Ordi­nance of God, and shall receive unto themselves Damnation: and that this Subjection among Christians should not be only for Wrath, but for Conscience sake: And as matter of Duty, and a thing that is good and acceptable in the fight of God; I do dayly heartily pray for the Kings Person, and for all that are in Authority under him; and therefore profess my self an open Enemy to any Plots or Attempts against the Kings Per­son and Government; and as a Testimony of my Loyalty, am is ready as any of my Adversaries, to give all reasonable Assu­rance [Page 3]of my Fidelity to the Government, by taking the usual Oaths of Allegiance and Supremacy. And let them also, if they can, testify against me of any Injustice or Unmercifulness toward my Neighbour, or Insobriety and Intemperance to­wards my self.

And as for my Religion, I own my self a Protestant; and for my Faith, do believe all the Doctrinal Principles Contained in the Articles of the Church of England; and as for Worship, have Accomodated the same (as near as I could) to the Rule of Gods Word, and the best Examples of Primitive Saints; and wherein I have in any thing differed, from the publick in­stituted way of Worship, have always laboured to manage my self, with the least Offence imaginable, towards those from whom I have Dissented; avoiding all Censoriousness of others differing from me.

If these things be otherwise, I dare say with Job, Chap. 31.35, 36, 37. Let my Adversary write it in a Book, and (if he can) prove the contrary, &c.

As to my present Sufferings, in Order to a due Understand­ing thereof, 'tis needful to Reflect upon the Cause and Occa­sion, as well as the manner of managing thereof: The internal moving cause thereof, I take to be an implacable Prejudice for­med in the mind of Mr. Romsey our Town-clark of Bristol, a­gainst me; occasioned chiefly after this following manner, if I mistake not, (though he had declared before that, some Pre­judice against me.) Soon after the breaking out of the late Plot, it became a common Discourse, that all the Kings Head Club in London, were concerned in it; and that the Horse-shooe Club in Bristol (so called, because during the time of the last Election of Parliament-men, several Citizens intending to chuse Sir Robert Atkins and Sir Jonathan Knight Senior, Parlia­ment men for that City, did frequently Assemble there, about that Affair) were a Branch of the same; and that all the said Club should be Indicted, and divers of them sent for up to the Councel-Table; in order to which, divers were convened before our Justices, to be examined about it, among which I was one; when I came before them, among other things they questioned me, what Persons used to meet there? Seeing Mr. Romsey Sit­ing by, (and writing Letters as I judged about that matter) I named him for one, who met (though not in the same place [Page 4]yet) at the Mare-maid Tavern, with the same Persons, about the same thing, and was as Zealous for Sir Robert Atkins as a­ny of them; this is notoriously known, and he confessed it be­fore he departed the Room.

I Nominated him for one, because I thought it hard and un­reasonable, that he should be a means to bring so many scores, if not Hundreds, in trouble, (meerly for his own Advantage) in a matter wherein he was equally concerned with them, and knew them all innocent, upon this he was greatly displeased with me, as supposing this Discovery might threaten his place at that Juncture of time; though I told the Justices, that I knew of no unlawful Act committed by the said Club, neither did charge him with any. Howbeit, ever since this, he enter­tained an implacable Prejudice against me, and threatned to divers, that he would speedily either cast me in a Goal, or make me fly the Country. (This I suppose he will not deny.)

In pursuance whereof, though I stood indicted two years be­fore on the same 35th of Eliz. by him, yet the very next Quar­ter-Sessions, prefers two more heavy indictments against me, at one and the same time, either of them enough to ruine me; The one upon the Statute of Eliz. 23. for twenty pound a Month for eleven Months: The other on the 35th Eliz. on which last, for want of any later Crime, he chargeth me for one Committed above four years before the Indictment. And having got the Bills found by the Grand Jury, so earnestly was he bent upon their Prosecution, that he exacts of me Recogni­zances more than double to what was required of others in the like Case, viz. 200 l. to each of mine; whereas another in­dicted on the 35th. of Eliz. was bound but in 80 l. — But be­cause my chief concern lies with this last Indictment, which threatens my Estate, Liberty, and Life, 'tis most reasonable I should be most concerned about the Management thereof a­gainst me. But 'tis not fit for me to judge, (as being too par­tial in my own Cause) I had rather therefore, that those whose part it is, would undertake it on my behalf. But before any true Judgment can pass for, or against me, 'tis needful the In­dictment should be produced, which runs after this manner.

Whether this Indictment be faulty or not in point of Law 'tis not proper for me (who am the Party concerned, and no Lawyer) to determine; but I'll tell the Reader, that the day before my Tryal, 'twas the judgment of a cunning Lawyer, (that pleaded earnestly against me upon it the next day) the first letters of whose name is Mr. J. H. that 'twas so illegal and faulty, that 'twas not worth a F— and that they could not touch an hair of my head by it, and that 'twas not worth a Fee to be quit of such an Indictment; thus he expressed him­self. That which to me seems hard in the management there­of, is,

First, That notwithstanding 'twas by my Councel pleaded, [Page 6]that Justices in Sessions had no Power or Authority to inquire into, and judge upon Crimes relating to that Statute, which Plea was according to the Sentiments of many, if not most of the ablest Lawyers in England; yea, and of one of the Lear­ned Counsel which pleaded against me, who but the Sessions be­fore did with great strength of Law and Reason plead against the Jurisdiction of that Court, to try a Gentleman in the very same Circumstances, and that Mr. Vincent either was actually, or like to be discharged by Writ of Error upon the Plea, viz. That he was Tryed Coram non Judice (i. e. by Justices of the Peace in Sessions) that yet they would proceed to assume that Power to themselves, though to make me the first example which hath been in England upon this Statute for many years: and when my Counsel told them of how ill consequence it might be for them to proceed, in case upon a review it should prove, that they had not Authority so to do; this they were told was to Hector the Court.

Secondly, That notwithstanding the Statute (urged by my Counsel) of Eliz. 31. chap. 5. Paragr. 5. where 'tis expresly said, That no Indictment shall lye upon any Penal Statute beyond two years, but if it be laid for a Crime beyond, it shall be void and of none effect; any Statute to the contrary notwithstanding: And my Indictment appears to be laid for Crimes more then four years backwards (before the Indictment,) yet must it be allow­ed for Legal.

Thirdly, That whereas the Indictment chargeth me, that obstinately and willingly I refused to come to some Church or Chappel to hear Divine Service (wherein doubtless the Stress of the Act lyes) for a bare abstinence for four weeks another Law punishes but at four shillings; and being at a Conventicle, at five shillings, or ten at the most. but these punishes these two put together with Imprisonment, loss of the whole Estate, and perpetual Banishment or Death) therefore doubtless lyes the chief of the Crime upon obstinate refusing to come to Church; this my Counsel told them necessarily supposed some legal Premonition, viz. either by the Ordinary or Parson of the Parish, &c. but no such thing was attempted to be proved a­gainst me, and yet I must be found guilty of the whole In­dictment.

Fourthly, They did moreover admit of so light a proof of [Page 7]the Conventicle, (which was one Essential Branch of the in­dictment,) in this weighty case, as would scarce have been admitted by a considering Justice of the Peace, to impose on the Offender the Penalty of Five Shillings, viz. One Person swears that he came into a certain house in the Castle where a Sermon was Preaching, and that I was there present; (where­as the Conventicle Act expresly requires two Witnesses to swear the Fact, if it be proved that way) and what is this to prove an unlawful Assembly, contrary to the Liturgy of the Church of England; to prove which as he ought, he should have been there from the beginning, and then he might have swore there was no Common-Prayer.

Fifthly, Though 'twas objected by Counsel, that I had been punished before for this Offence, (which was proved by a Co­py of the Record produced in open Court, which shewed that I had been punished Ten Pound for this Conventicle, and the Town-clark also owned in open Court, that he had drawn this Indictment by that Record) yet exprelly contrary to that clause of the 22. Caroli Secundi Cap. 1. Par. 14. which saith, That any Person who shall be punished for any Offence by vertue of this Act, shall not be punished for the same Offence, by vertue of any other Act or Law whatsoever; yet notwithstanding this Plea added to all the former in favour of my Cause, the Jury according to the instructions given them by Mr. Town-clark, bring me in guilty; whereupon I am immediately sentenced to Goal till Conformity, and making this following submission in the Church or open Court, viz. That

Neither doth the Wrath of mine Adversaries cease at my Imprisonment, but follows me still, to bring me within the reach of the utmost Severity and Penalty of the said Law. ( viz. the loss of my whole Estate, and Abjuration at the end of three Months) Whereupon within the three Months, viz. the 16th Day of June; I was by the Justices twice in one Day Summo­ned to Conform, and to make the above recited Submission.

And to make this pinch the closer upon me, my chief Ad­versary (being all this while in London) is using his utmost endeavours, to Obviate all Attempts made by my Friends, both in Reference to a Pardon, or Writ of Error. And so fearful is he least a Writ of Error should be obtained, and thereby his Acts of Injustice be exposed to the World, that when he un­derstood that through a just Report of my Cause, made by Mr. Attorney General to the King and Councel, a Writ was like to be granted: He takes a Coach on purpose, and rides away to Hampton Court, where the Councel was that day to sit; and desiring to be called in when the Report of my Cause was made, by Mis-representing my Person and Cause, procured a stop to be put to the Writ of Error. — Sometime after this, He returns for Bristol, where he boasts of his great Success in hin­dring my Writ of Error; supposing that now he had me at his Mercy▪ and that I must come up to his Terms, or be undone. Therefore sends me word, that except I would subscribe to a Petition, acknowledging that I had been legally Convicted, there was no pardon or Writ of Error to be procured: but in Case I would do that, he would not Obstruct but promote it.

This I refused to do, as judging that several illegalities had been acted in Proceedings against me. At length, about the 8th of this instant August, a good friend of mine came unex­spectedly to Town, who coming to visit me in Newgate, and Commiserating my Condition, resolved to discourse Mr. Town Clark about me, which he accordingly did. The Town Clark after much Discourse, and many Complaints, told him what kind offers he made me, and that I was so stout, I would not Petition the King; my Friend told him, he did dare to ingage for the contrary, and undertook to draw a Petition [Page 9]which both of us should like, which accordingly he did, and delivered it to the Town Clark, who with his own Pen altered several things, by Addition and Substraction. Agreeing, that if a Petition according to this model were consented to, then he would prefer the said Petition, either to procure a Pardon, or a Writ of Error. I consented to the same, and caused it to be new drawn and prepared for him, when my Friend went out of Town, the Town Clark promised all Aid and Dispatch, accor­ding to these Terms. The Person who new drew the Petition acquainted him that the Petion was drawn; which Petition was as follows.

When he heard the Petition was ready, he seemed to demur, and to signify that something else must be done by me, before he could prefer or promote it; and accordingly the next Day sends me this following Letter.

One that reads this Letter, and knows not the Gentleman, would imagine him a person intirely devoted to his Majesties Interest, as if that were the Pole Star by which he sayles in the management of all his actions. How sincere he may be in his affections to it, I'll not undertake to censure; but I believe very many (and those not Dissenters) do question his judge­ment in Prosecuting thereof; as judging that discouraging the chief Traders of this City, by severe Prosecutions, on Penal Laws, too heavy Fines and Imprisonments, whereby some are forced to quit the City; and others to withdraw themselves from Trade, that they may live retiredly; are very unintel­ligible methods to promote the same. Whether by this means the Trade of this sometime flourishing City hath not been greatly abated, to his Majesties great detriment, needs no other proof then comparing the Kings Customs in this Port since these things began, with what they were before: Which, if I am not greatly misinformed fall short some years 20000 l. per Annum of what they were before; I verily believe did this Gentleman find by this management of Affairs, his own Interest did suffer proportionably, he would soon change his measures. But these things bring Grists to his Mill.

Well as to the Letter the person to whom he sent it, to con­vey it to me, writes me word after this manner.

He had no sooner received this answer, but the very same day, viz. Aug. 15 after I had suffered eighteen weeks close Imprisonment in a nasty Goal, (it being an adjourned Sessions) sends for me to Court. Being called to abjure, I craved Jeave to give some reasons to the Court why they could not legally call me to it; and that

First, Because 'twould be contrary to an express Statute in [Page 13]their own sence. For upon my Tryal, when my Counsel ob­jected that my Indictment was void, as being laid for a Crime committed above four years before, whereas the Statute of Eliz. 31. saith, That no Indictment upon any Penal Statute shall be of force that calls in question a Fact beyond two years] Twas then answered, that that Law did extend only to those Penal Sta­tutes which did impose Pecuniary Punishments limited to the King, and not Corporal Punishments: Now if they made me abjure, I should then forfeit my Estate by the same Indictment; contrary to the Law in their own sense.

Secondly, According to this Statute of the 35th, before ab­juration, I ought to have been Summoned thereto by a Justice of the Peace, which yet I had not been.

Thirdly, That they had Convicted me as as a Recusant, and the same Statute saith, That no Popish Recusant should be required to abjure by vertue of that Act; they replyed that I was not Con­victed as a Popish Recusant. I told them I thought that if they did not find in any Statute mention of Protestant Recusants, then it must be supposed that (Coram Lege) all Recusants were Popish. But all these Pleas being over-ruled, I was forced to abjure. I do de­sire to a­sign me London or Har­wich but they refu­sed both The Justices appointed me within three Months to depart from the Port of Bristol.

Now having abjured, one would think the Penalties I had already sustained, viz the loss of a very considerable Practice, eighteen weeks close Imprisonment, the forfeiture of my whole Estate both personal and real; Banishment from all the Kings Dominions for ever might have surfeited the most exalted ma­lice; but as though the Law on which I am Prosecuted had not been severe enough, before I depart the Kingdom, I must be further stigmatized by a kind of Remonstrance preferred to the Grand Jury at our General Goal Delivery, which was a­bout five days after my abjuration; The Paper our T. Cl. pre­sents to the Grand Jury, contained such black Characters and high Charges against me, that they absolutely refused to sub­scribe it. Upon which refusal many hard words of displeasure passed from him to the Grand Jury. Whereupon they were desired to draw up such a Paper as they would subscribe, con­cerning me; and accordingly, to gratify his importunity, they produced this following Declaration.

The plain Design of which in general, is partly to help Dun out of the Mire, by justifying the Town-clark in all his Pro­ceedings against me; to load me with a Charge of such heavy Crimes, as may dash any Hopes of a Pardon, and blast my Re­putation for the future, wheresoever I may go hereafter. Wherefore, I think all men would count me very unjust to my self, should I not endeavour to wipe of those grievous Scandals, which this Remonstrance hath unjustly, cast upon me; which if not Answered, will for the future destroy my Credit, and [Page 15]so may undo both my self and Family: And therefore can­not but make a few Remarks upon it.

First they say, That in the Names as well of Our Selves as of all His Majesties Paithful and Loyal Subjects with­in this City, We return Our most Hearty Thanks to this Court, and all others concerned in the Prosecution against Icha­bod Chauncy, upon the Statute of 35 Eliz.] There are 1000 (besides Dissenters) in Bristol (and about it) that will neither concur with you in, nor thank you for your Thanks.

For that to Our Knowledge he hath been a great Zea­lot for the Factious Party.] 'Tis no new thing to have the best of men so Reputed, Ast. 24.5.

We have Reason to believe, by Reason of his Employ­ment, he hath had very advantagious Success, in gaining to their Cause;] I verily believe there is not one Dis­senter the more for me in England. (Unless my se­vere Prosecution have made some.) Neither can they name one (of those many Numbers of Prose­lytes which they say, I have made and cherished) that I ever solicited to forsake the Church.

He was their Champion to fight out the Battels of that Party, whensoever it came in Question before Our Magi­strates.] I was never before the Magistrates of that City, but when forced to it, and that in my own Cause, except once to vindicate my Wife, who was near five of the Clock in the Afternoon on a Sabbath Day, taken up in the Streets, and sent to Bridewel; as supposing she was coming from a Conventicle.

By which means he got of them the Character of a stout Combatant.] I never till now thought my Reputation had been so great among them for Valour.

Yet by the Magistrates of the City, he was still Reputed a very sawey Criminal.] If the Magistrates had so ill an Opinion of him, 'tis strange they should almost all so far Encourage him, as to make use of him, for a Pliysi­cian to themselves or Relations.

When they Consider, that he hath not only Impudence to menace the deliberate, just, and temperate Proceedings of this Court with a Libel.] Produce any Person that ever heard me so menace the Court, and I'll be con­tent to suffer the Punishment of a Libeller.

But also to part from it with an Imprecation against it.] The Words wherewith I parted from the Court were these: Mr. Town-clark, you have now had a full stroak at me; all the harm I wish you, is, that God may not have as full a stroak at you Living or Dying. If this be an Imprecation, let the World judge. Me­thinks some one in the Grand Jury, should have known the just difference between a Deprecation, and an Imprecation.

Against it.] The words were by name directed to the Town-clark, and I never thought (till now) that the Town-clark had been the Court.

We Declare therefore, That 'tis Our Opinion, that the Proceedings against him, to the Abjuration of the Realm, was not only fair in all the Particulars of it] Sure now the Town-clark will be confirmed in his Opinion, that there is no need of a Writ of Error, since he hath the Opinion of the Grand Jury in Favour of all his Pro­ceedings. But who besides him, did ever value the Opinion of Grand Juries, in matters of Law?

But of absolute necessity for the quiet and peaceable Go­vernment of this City;] Is he any whit altered from what he was formerly? If not! How came the City to be peaceably Governed while he was in it near eighteen years together.

And for his Majesties Service,] His Majesty is only then served, when his just Laws are Executed, and not when His Subjects by Arbitrary Proceedings of his Ministers are Oppressed.

Thus I have given a true and impartial Account, of my present Case: The main Design whereof, is not to cast any undue Reflections on the Law, or the King and his Government; but to inform the World, that I am not the Turbulent, disaffected, and disloyal Person, which my Adversaries have Represented me to be; and that my Cause was not managed with so much Evidence and Impartiallity, but that there was and is a just ground for me to expect (as a matter of right) a Writ of Error. But if after all this, I shall still be denyed from men, either wilfully, or through Prejudice and Misinformation, that which I judge to be my Right, I'll commit my Cause to Him that judgeth Righteously.