to an end, before any one thing was agreed on. The bishops insisted on the laws that were still in force, to which they would admit of no exception, unless it was proved that the matter of those laws was sinful. They charged the presbyterians with having made a schism, upon a charge against the church for things, which now they themselves could not call sinful. They said, there was no reason to gratify such a sort of men in any thing; One demand granted would draw on many more; All authority both they had insisted on, that it was not lawful to impose things indifferent, since they seemed to to be the only proper matter in which human authority could interpose. So this furnished an occasion to expose them as enemies to all order. Things had been carried at the Savoy with great sharpness, and many reflections. Baxter said once, such things would offend many good men in the nation. Stearn, the archbishop of York, upon that took notice that he would not say kingdom, but nation, because he would not acknowledge a king. Of this great complaints were made, as an indecent return for the zeal they had shewn in the restora tion. have been esteemed one of the learned men of the age: He writ near two hundred books: Of these, three are large folios: He had a very moving and pathetical way of writing, and was his whole life long a man of great zeal and much simplicity; but was most unhappily subtle and metaphysical in every thing. There was a great submission paid to him by the whole party. So he persuaded them, that from the words of the commission they were bound to offer every thing that they thought might conduce to the good or peace of the church, with-in church and state was struck at by the position out considering what was like to be obtained, or what effect their demanding so much might have, in irritating the minds of those who were then the superior body in strength and number. All the whole matter was at last reduced to one single point, whether it was lawful to determine the certain use of things indifferent in the worship of God? The bishops held them to that point, and pressed them to shew that any of the things imposed were of themselves unlawful. The Presbyterians declined this; but affirmed, that other circumstances might make it become unlawful to settle a peremptory law about things indifferent; which they applied chiefly to kneeling in the Sacrament, and stood upon it that a law, which excluded all that did not kneel from the Sacrament, was unlawful, as a limitation in the point of communion put on the laws of Christ, which ought to be the only condition of those who had a right to it. Upon this point there was a free conference that lasted some days. The two men, that had the chief management of the debate, were the most unfit to heal matters, and the fittest to widen them, that could have been found out. Baxter was the opponent, and Gunning was the respondent; who was afterwards advanced, first to Chichester, and then to Ely: He was a man of great reading, and noted for a special subtilty of arguing: All the arts of sophistry were made use of by him on all occasions, in as confident a manner, as if they had been sound reasoning; He was a man of an innocent life, unweariedly active to very little purpose: He was much set on the reconciling us with popery in some points: And, because the charge of idolatry seemed a bar to all thoughts of reconciliation with them, he set himself with very great zeal to clear the church of Rome of Idolatry: This made many suspect him as inclining to go over to them: But he was far from it; and was a very honest, sincere man, but of no sound judgment, and of no prudence in affairs; He was for our conforming in all things to the rules of the primitive church, particularly in praying for the dead, in the use of oil, with many other rituals: He forined many in Cambridge upon his own notions, who have carried them perbaps farther than he intended. Baxter and he spent some days in much logical arguing, to the diversion of the town, who thought here were a couple of fencers engaged in disputes, that could never be brought to an end, nor have any good effect. In conclusion, this commission, being limited to such a number of days, came VOL. VI. "The Conference broke up without doing any good. It did rather hurt, and heightened the sharpness that was then on peoples minds to such a degree, that it needed no addition to raise it higher. The presbyterians laid their complaints before the king: But little regard was had to them. And now all the concern that seemed to employ the bishops thoughts was, not only to make no alteration on their account, but to make the terms of conformity much stricter than they had been before the war. So it was resolved to maintain conformity to the height, and to put lecturers in the same condition with the incumbents, as to oaths and subscriptions; and to oblige all persons to subscribe an unfeigned assent and consent to all and every particular contained and prescribed in the Book of Common Prayer. Many who, thought it lawful to conform in submission, yet scrupled at this, as importing a particular approbation of every thing; And great distinction was made between a conformity in practice, and so full and distinct an assent. Yet men got over that, as importing no more but a consent of obedience: For though the words of the subscription, which were also to be publicly pronounced before the congregation, declaring the person's unfeigned assent and consent, seemed to import this, yet the clause of the act that enjoined this carried a clear explanation of it; for it enacted this declaration as an assent and consent to the use of all things contained in the book. Another subscription was enacted, with relation to the League and Covenant; by which they were required to declare it unlawful upon any pretence whatsoever to take arms against the king, renouncing the traiterous position of taking arms by his authority against his person, or those commissioned by him, together with a F declaration, that no obligation lay on them or any other person from the League or Covenant to endeavour any change or alteration of government in church and state, and that the Covenant was in itself an unlawful oath. This was contrived against all the old men, who had both taken the covenant themselves, and had pressed it upon others. So they were now to own themselves very guilty in that matter. And those, who thought it might be lawful upon great and illegal provocation to resist unjust invasions on the laws and liberties of the subjects, excepted to the subscription, though it was scarce safe for any at that time to have insisted on that point. Some thought, that since the king had taken the covenant, he at least was bound to stand to it." He then proceeds to give some account of the Act of Uniformity, and of different transactions connected therewith. 209. The Trial of JOHN JAMES, a Fifth Monarchy Man,* at the King's-Bench, for High Treason: 13 CHARLES II. A. D. 1661. [Written by his Friends.] Some PASSAGES at the first taking and apprehending of JoHN JAMES, and the Company with him, met together in Bulstake alley in Whitechapel, Oct. 19, 1661. THE Congregation being assembled the day above-mentioned, (being the seventh day of the week) in Bulstake-alley (where was the place of their public meeting, the doors being open) Of the Insurrection of the Fifth Monarchy Men, under Venner, archdeacon Echard gives us the following account; "While the affairs of the nation seemed to be in peace and tranquillity, in the beginning of the new year 1660-1, there happened a strange and unparalleled action in London, which strengthened the belief of those secret Plots and Conspiracies mentioned by the lord chancellor. This was occasioned by a small body of Fifth-Monarchy Men, who hating all monarchy, and the appearance of it, had formerly made an attempt against Cromwell's government, but escaped beyond expectation. The head of them was one Thomas Venner, sometime a wine-cooper, who by the king's indulgence held a conventicle in Coleman-street, where he, and others, used to preach to them out of the Prophecies of Daniel and the Revelations, and from thence drew strange inferences, persuading their congregations to take up arms for King Jesus, against the powers of the earth, the king, the duke of York, general Monk, &c.' assuring them, That no weapons formed against tirem should prosper, nor a hair of their heads be touched; for one should chace a thousand, and two put ten thousand to flight.' Upon which they got a Declaration printed, entitled, A Door of Hope opened; in which they said, and declared, That they would never sheath their swords till Babylon, as they called monarchy, became a hissing and a curse, and there be left neither Remnant, Son, nor Nephew that when they had led captivity captive into England they would go into France, Spain, Germany, &c. and rather die than take the wicked Oaths of Supremacy and Allegiance: that they would not make any leagues with monarchists, but would rise up against the carnal, to posses continued together the former part of the day in the worship of God without disturbance; and being again come together in the afternoon, continued without interruption till three o'clock; about which time John James was speaking from 1 Cor. vi. 20, in these words, For ye are bought with a price, therefore glorify God in your body, and in your spirit, 'which are Gods.' About which time one justhe Gate, or the world, to bind their kings in chains, and their nobles in fetters of iron.' And so to accomplish this heroic design, they observed so much policy as to put it in execution when the king was attending his mother and sister to embark at Portsmouth, for their return into France. Accordingly on Sunday the 6th of Jan. being fully animated by the sermon, which hinted to them, That they had been praying and preaching, but not acting for God, they sallied out well armed from their Meeting-House, and marched to St. Paul's Church-Yard in the dark of the evening. Here they mustered their party, amounting to above 50, and placed their centinels for the time, one of whom killed a poor innocent man, who upon demand had answered, He was for God and king Charles? This gave an alarm to the city, and the lord-mayor, sir Rd. Brown, and the trained-bands being upon the guard, some files of men were sent against them, whom these desperate men quickly routed, and so marched on to Bishopsgate, where they passed without opposition, and from thence to Cripplegate, where they came into the city again, and so to Aldersgate. Here threatening the constable, who was weakly attended, they were let out again. Then they declared themselves for King Jesus, and thus proceeded to BeechLane, where they killed a headborough that opposed them, and so hastened to Cane-Wood, between Highgate and Hampstead, where they reposed themselves for that night. The noise of this strange Insurrection caused the General to send a party of horse and foot the next day, who drove them out of the wood, and took some of them prisoners, who were committed to the Gate-House. The rest having rallied again, on Wednesday morning returned to London, with assurance by Venner their leader, mies, that thou mightest still the enemy and 'the avenger.' (Which words were occasionally spoken to, by way of addition to what another brother had spoken before) whereat the said Tipler taking offence, went to justice Chard to acquaint him therewith; but being an, idle fellow, the justice, as it is said, took not much notice of what he spake, till bringing a neighbour with him, he was provoked by him to regard his testimony. tice Chard, with Mr. Wood the headborough, came to the meeting-place, Mr. Wood commanding him in the king's name to be silent and come down, having spoke Treason against the king: but John James, taking little notice thereof, and going on upon his subject, the headborough came nearer to him in the middle of the meeting-place, and commanded him again in the king's name to come down, or else he would pull him down; whereupon the disturbance grew so great he could not proceed, but told the headborough he would not come down except he was pulled down; whereupon be pulled him down, and hauled him away. The cause of his being apprehended proceeding from one Tipler, a pipemaker, journeyman to a neighbour near adjoining, who from their yard bearing the said John James speak a little before, from Psal. viii. 2, in these words; Out of the mouths of babes and sucklings hast thou ordained strength because of thine ene-Justice Bide, Justice Swallow, and Justice 6 Whereupon the Justice came forth and went with Mr. Wood the headborough to the meeting-place, and seized upon him as aforesaid, the said Justice standing at the door: Here upon an uproar grew, some crying out in the streets, Treason! Treason! the Hamlets were hereupon summoned upon pain of death, many of whom appeared accordingly; and by this time four Justices of the Peace were come together, to wit, the Lieutenant of the Tower, That no weapon formed against them should ard, Fall, Hopkins, Wells, and about as many 'prosper: therefore they might look upon more, not much worth the naming; who blasthe example of Gideon: it was the same phemously alledged, That if they were dething to God, whether he saved by a few ceived or mis-led, it was God that deceived or a multitude.' Their first appearance was them.'-These, to the number of 20, were in Threadneedle-street, behind the Exchange, soon after arraigned at the Old Bailey for treawhere they beat back a party sent by the son and murder; which being fully proved, guard there. But, upon the advance of more with all the forementioned particulars, they forces, they retreated to Bishopsgate-street; were all found guilty, except Hopkins and where after a sharp encounter, two of each Wells, against whom the evidence was not full, side being slain, they gradually slipt away and against one Patshul only a single witness: and disappeared. A while after, like the wherefore they were acquitted by the jury. gathering of clouds, they were seen again at When sentence was pronounced against them, College-Hill and Maiden-Lane, where they and the lord chief justice Foster seriously designed to sacrifice the lord-mayor. But charged Venner with the blood of his unhappy missing of him, they crossed Cheapside, and accomplices, he impudently replied, 'It was passed into Wood-street. Here began a cruel not he, but Jesus that led them.' Three of fight, wherein they shewed skill as well as great them confessed their crime, and craved mercy, valour; and having ruffled some trained-bands, but the rest continued obstinate. Being senand repelled the horse-guards that came to tenced to be hanged, drawn, and quartered, assist them, they did not give way till Venner Venner and Hodgkins were on the 19th of was knocked down and severely wounded, and Jan. executed over-against their MeetingTuffney and Cragg, two of their fiercest preach-House in Coleman-street. The former spoke ers and combatants, were slain. Whereupon little but in vindication of himself and his fact, the greatest part of them retreated to Cripple- and something of his opinion, with an assurgate, firing in good order in their rear upon the trained-bands, who were in close pursuit of them. Col. Cox, who commanded, lodged ten of them in an ale-house near the postern, which house they obstinately maintained. The house being surrounded, some of the soldiers antiled the next house, and shot in upon them, being in the upper room, who still refused quarter: at the same time another party of musketeers got up the stairs, broke down the door, and entered their garrison. Six of them were killed before, another refusing quarter was first knocked down, and then shot with a musket. The rest being demanded why they did not ask quarter before, auswered They durst not for fear their own fellows should have shot them.' In this Insurrection 20 of the king's men were slain, and as many of the rebels. Those taken were Venner himself, Hodgkins, Gowler, Allen, Pym, Ashton, Prich ance That the time was at hand when other judgment would be;' highly reflecting upon the present government. Hodgkins raved and cursed in the manner of praying,calling down vengeance from Heaven upon the king, the judges, and the city of London;' nor would he desist, till the executioner put an end to all his extravagancies. Two days after nine more were executed in five several places of the city, without being quartered, as the two first were. All persisted, like the Regicides, in justifying their crimes, except one young man, who shewed great signs of repen tance. Thus ended a Rebellion of a very strange nature, which was begun and carried on with such infernal rage, that if their numbers had been equal to their spirits, they would have overturned the city and the nation, and the world, which in their imagination they had divided among themselves." P. 784. Chard; John James in the mean time was committed to the custody of the headborough, who carried him to a tavern near thereunto, where several soldiers and other loose people came about him, scoffing and blaspheming, some taking wine and saying, I drink to you in the 'spirit;' and others being rude, and reproved by the officer, said, 'I would only speak to him a few words in the spirit:' in this time the rest of the meeting by sevens were brought before the justices (being at an house near the meeting-place) who tendering the Oath of Allegiance unto them, committed those that refused, some to Newgate, both men and women, being guarded thither by the Hamlets; afterwards the same justices entering the meeting-place sate down about the table with their clerk and (one major Manly standing by) did send for Johu James, and in the mean time the Licutenant of the Tower read a Paper which he pulled out of his pocket, saying, he would read to them what doctrine was preached there that day, being of the nature of a charge, which they drew up from Tipler's mouth against John James, demanding of certain women (relating to the meeting, yet detained, and whose names they were then taking) how they could hear such things as those? To which they unanimously replied in the fear of the Lord, That they never heard such words, as they should answer it before the Lord, and they durst not lie: who replied, That they had but their words, but they had others oaths for it: who made answer in the prophet's words, Psal. cii. 8. They which were mad against them, had sworn ' against them.' By this time John James was brought into the meeting-place, and the Lieutenant (looking upon him) said to the women, What have you no better a holder-forth than he? John James said, That the way of the Lord was and is many times, to use the poorest of his people to do his work, alledging also the Apostle's words, 1 Cor. i. 27, that He chooseth the weak and foolish things of the world to 'confound the mighty: Then said the Lieutenant of the Tower, What you are a Jew. John James said, that in one sense 'he was a Jew, and in another sense not, repeating those words of the Apostle in Rom. ii. last. For he is not a Jew that is one outwardly, neither is that circumcision which is outward in the flesh; but he is a Jew which is one inwardly, and circumcision is that of the heart in the spirit, whose praise is not of men, but of God.' The Lieutenant asked him, whether he had not been before him before this? who answered, he had: and whether he had not been civilly used? be replied, Yea, and for his civility he thanked him: Then the Lieutenant asked him, if he was not counselled for to take heed for the future? he auswered, Yea, and he had taken it so far as he could with a good conscience upon which the Lieutenant told him be should stretch for it, and if he were not hanged he would be hanged for him.' John James told him, he was not careful in that matter, and that they could do no more than they should be suffered by the Lord to do: The Lieutenant told him, he thought he was not careful, for he had a mind to be hanged as some of his holy brethren that went before him. John James desired he would not speak so lightly. The Lieutenant spake something also about the Fifth Kingdom, and asked him, whether it was not his principle? who told him he did own the Fifth Kingdom which must come : whereupon they laughed one upon another and said, Now they had it from his own mouth.' Something also was charged upon him about his learning to sound a trumpet, in order to a rising with Venner's Party; to which he said, there was a friend of his who lay in his house, minding to go to sea, being to learn to sound, desired he might have liberty to be taught in his house, but he never learned himself, neither was he one of those in that rising, judging it to be a rash act. Then the Lieutenant of the Tower called in capt. Hodgskin, who commanded the party of soldiers that stood at the door, and said, Take this man, be careful of him, and commit him close prisoner to Newgate. So they carried him away with his Mittimus hereafter expressed. To the Keeper of the Gaol of Newgate, or his Deputy. 6 'Middles. These are in the king's majesty's 'name to require you to receive into your custody the body of John James, whom we send you herewith, being taken this present day at a conventicle, or private meeting, in the 'parish of White-Chapel, and there speaking in the audience of the people present, trea'sonable words against his majesty's royal person; you shall therefore keep him close 'prisoner until further order, and this shall be 'your warrant. Given under our hands this 19th day of October, 1661. JOHN ROBINSON, Lieut. of the Tower.' Thomas Bide, Edward Chard. Thomas Swallow.' After that John James was sent away according to the Mittimus afore-mentioned, the witnesses were called in and further examined, and forthwith a Paper was presented to one of them, being as was supposed the substance of what Tipler had before sworn to, which being read with a low voice, the relator could not bear, but this he saw, that one of the witnesses refused to take his oath, saying, That there were many words in the paper which he did not hear: but the justices said, That this which was written, and that which was heard, was all to one purpose, therefore take it; but he refused it again: yet it being tendered once more, with much persuasions, entreaties, and threatnings to send him to prison if he refused it, he took it; after which the lieutenant said, he knew nothing to the contrary but that this business might be worth to them 1007. a piece: after this Osburn, who was a seaman, said, I cannot stay, but must go to sea for a liveli hood, for I am poor; Then justice Chard said to the lieut. of the Tower, Let him be entered HIS ARRAIGNMENT AND TRIAL. according to custom, to hold up his hand; and he did so, and told them he did hold up, his hand to signify he was there to answer to what should be laid to his charge. But he held up his hand with his glove on, which some were offended at; and, told him he must pull it off. John James answered, it was all one to him, to hold up his hand with it off or on; and then he did pull off his glove, and held up his hand, and then bis Charge was read. The Substance of the Indictment. in the Tower, or upon some ship, to receive the king's pay till the business be over; bidding him come to the Tower accordingly the next What passed the 1st day, Nov. 14. morning. As they were going away, a woman and friend of the seaman's being present and Being carried in a coach to Westminster by heard what passed, said, that his oath was not the under-sheriff, and brought to the King's to be taken? Then the lieutenant asked what she bench bar; chief justice Forster, justice Mallet, was, saying that she would fain seduce the wit-justice Twisden, and justice Windham, being nesses, and that she deserved to be sent to New-judges upon the bench; be was commanded, gate; to which she replyed saying, You may do what you please, but I speak the truth, and know that his word is not to be taken; after this they said to the seaman as they were going away, Be not seduced by her; and further said, that if he did not stand to his oath, he should be committed, with other threatening words, and so they departed. And it is further asserted by several persons that were then upon the place when Osburn was sworn, who immediately demanded of him what it was he had swore unto, desiring him to tell them the words, who seemed at that time to be very sad, He stood indicted by the name of John telling them that he could not remember the 'James: 1. For compassing and imagining the words except he heard them named over again; 'death of the king. 2. For endeavouring to levy upon which also some of the guard themselves 'war against the king. 3. For endeavouring a hearing him speak thus, said to him, that they change of the government. And in this his comwould not be in his condition for all the world. 'passing, imagining, and contriving the king's Some time after this, several spake unto the death, he had maliciously, traiterously, and by said Bernard Osburn, questioning him about the instigation of the devil, not having the fear of oath he had taken; he declared that he had 'God before his eyes, declared these words: 1. sworn to he knew not what, being forced thereThat the king was a bloody tyrant, a bloodto through fear and hopes of release; That the sucker, and blood-thirsty man, and his nobles said Bernard Osburn intending not to stand to the same. 2. That the king and his nobles had his oath, went to his ship towards the Hope 'shed the blood of the saints at Charing-Cross, in order to the sea-voyage he was engaged in, and the blood of the covenanters in Scotland. but not long after came a warrant from the 3. That the king was brought in to this end, to lieut. of the Tower, to require his appearance 'fill up the ineasure of his iniquity; aud that in the court as one of the witnesses, which was 'the king's cup of iniquity had filled more within directed to his brother's house in Wapping this last year, than in many years before. 4. where he used to lodge, but his sister ac"That he did bemoan that they had not improved quainted them that he was gone to sea sometheir opportunity when they had the power in time before; and they demanding where? she 'their hands; and that he did say it would not said, I suppose he may be in the Downs by 'be long before they had power again, and then this time; at which the messenger was much 'they would improve it better; and that he did offended, threatening him greatly, which occa- 'bewail the apostacy of the people of God, and sioned her speedy coming to the lieut. of the say, they had not fought the Lord's battles thoTower, who in great wrath demanded, how 'roughly but when the Lord should give powlong he had been gone, and what ship he was er to them again, and give his work into their upon? which she signified unto him, and ac-hands, they would do it better. 5. That the cordingly he forthwith sent his marshal to de- ' death and destruction of the king drew very mand him from his ship, which was performed near.' accordingly; and when he was come, they threatened to have him hanged, if he did not stand to his evidence, but if he did he should have all his charges borne, and a reward for his pains; and from this time he was kept in the marshal's hands at the king's charge, till the trial was over; After this the said Osburn, with the other witnesses, were divers times under private examination by the king's counsel and attorney and solicitor general, &c. The evidence being prepared, and all things in readiness for a Trial, John James having been in Newgate from the 19th of the 8th month, was appointed the 14th of the 9th month to appear at the King's-bench bar in order to his Trial. : The Indictment being read, the clerk called upon John James to answer to his Charge, and plead Guilty, or Not Guilty. John James desired, before they did proceed, that he might have a copy of his Charge, and time to consider of it. The Lord Chief Justice answered, That a copy of the Charge was not allowed in cases of High Treason; and he told him he must plead Guilty, or Not Guilty, or else a worse thing would follow. John James answered, he humbly conceived it was his privilege as an Englishman; and till he had that he was not free to plead one way or other. He alledged that Chief Justice Coke had declared it good law; and that Judge |