fell into a very bad state of health, fo as to be scarce able to ftand. He was in this condition, when the juflices of peace for the county of Middlefex granted a warrant against him, in order to his being bound to his good behavior.

They got into his houfe, but could not immediately get at him, Mr. Baxter being in his study, and their warrant not impowering them to break open doors. Six conftables, however, were fet to hinder him from getting to his bed-chamber, and fo, by keeping him from food and fleep, they carried their point, and took him away to the feffions houfe, where he was bound in the penalty of four hundred pounds to keep the peace, and was brought up twice afterwards, though he kept his bed the greatest part of the time. In the beginning of the year 1685, Mr. Baxter was committed to the King's Bench prifon, by a warrant from the lord chief justice Jefferies, for his paraphrafe on the New Teftament, and tried on the 18th of May in the fame year in the court of king's-bench, and found guilty, and on the 29th of June following received a very fevere fentence*. In 1686, the king, by the mediation

This trial of Mr. Baxter was by much the most remarkable tranfaction in his life; and therefore, though we by no means affect long citations, yet, in fuch a cafe as this, we are under a neceffity of stating things from a person who has given us the fairest account of them, for the fake of authority. On the 6th of May, being the first day of Eafter Term, 1685, Mr. Baxter appeared in the court of King's Bench, and Mr. attorney declared he would file an information against him. On the 14th the defendant pleaded not guilty, and on the 18th, Mr. Baxter being much indifpofed, and defiring farther time than to the 30th, which was the day appointed for the trial, he moved by his counfel that it might be put off; on which occafion the chief juftice anfwered angrily, I will not give him a minute's time more to fave his life. We have had (fays he) to do with other forts of perfons, but now we have a faint to deal with, and I know how to deal with faints as well as finners. Yonder (fays he) ftands Oats in the pillory (as he actually did in New Palace-yard), and he fays he fuffers for the truth, and fo does Baxter ; but if Baxter did but ftand on the other fide of the pillory with him, I would fay two of the greateft rogues and rafcals in the kingdom stood there. On the 30th of May, in the afternoon, he was brought to his trial before the lord chief juftice Jefferies at Guild-hall. Sir Henry Afburf, who could not forfake his own and his father's friend, ftood by him all the while. Mr. Baxter came first into court, and with all the marks of ferenity and compofure waited for the coming of the lord chief justice, who appeared quickly after with great indignation in his face. He no fooner fat down, than a fhort caufe was called, and tried; after which the clerk began to read the title of another caufe.

You

blockhead you (fays Jefferies), the next caufe is between Richard Baxter, and the king Upon which Mr. Baxter's caufe was called. The paflages mentioned in the information, was his Paraphrafe on Matth. v. 19. Mark ix. 39. Mark xi. 31. Mark xii. 38, 39, 40. Luke

diation of the lord Powis, granted him a pardon; and, on the 24th of November he was difcharged out of the King's-Bench. Sureties, however, were required for his good behavior, but it was entered on his bail-piece by direction of K. James, that his remaining in London, contrary to the Oxford act, fhould not be taken as a breach of the peace. After this he retired to a houfe he took in Charter-Houfe Yard, contenting himself with the exercife

t

x. 2. John xi. 57. and Act xv. 12. Thefe paffages were picked out by Sir Roger L'Efrange, and fome of his fraternity. And a certain noted clergyman (who shall be nameless) put into the hands of his enemies fome accufations out of Rom. xiii. &c. as against the king, to touch his life; but no ufe was made of them. The great charge was, that in these several paffages he reflected on the prelates of the church of England, and fo was guilty of fedition, &c. The king's counsel opened the information at large, with its aggravations. Mr. Wallop, Mr. Williams, Mr. Rotberam, Mr. Attwood, and Mr. Phipps, were Mr. Baxter's counsel, and had been feed by Sir Henry Aburft. Mr. Wallop faid, that he conceived the matter depending being a point of doctrine, it fought to be referred to the bishop, his ordinary; but if not, he humbly conceived the doctrine was innocent and juftifiable, fetting • afide the innuendo's, for which there was no colour, there being no ⚫ antecedent to refer them to. (i. e. no bifhop or clergy of the church ⚫ of England named). He faid the book accused, i. e. "The Comment "on the New Teftament," contained many eternal truths; but they who ⚫ drew the information were the libellers, in applying to the prelates of the church of England, thofe fevere things which were written concerning fome prelates who deferved the characters which he gave. My lord (fays he), I humbly conceive the bithops Mr. Baxter speaks of, as your lordship, if you have read church hiftory, muft confefs, were the plagues of the church and of the world.' Mr. Wallop, fays the lord chief justice, I obferve you are in all thefe dirty causes; and were it not for you gentlemen of the long robe, who should have more wit and honefty, than to fupport and hold up thefe factious knaves by the chin, we should not be at the pafs we are. My lord, fays Mr. Wallop, I humbly conceive, that the paflages accufed are natural deductions from the text'. You humbly conceive, fays Jefferies, and I humbly conceive: Swear him, fwear him.' My lord, fays he, under favor, I am counsel for the defendant; and, if I understand either Latin or English, the information now brought against Mr. Baxter upon fuch a flight ground, is a greater reflection upon the church of England, than any thing contained in the book he is accufed for. Says Jefferies to him, Sometimes you humbly conceive, and fometimes you are very pofitive: You talk of your skill in church history, and of your understanding Latin and English; I think I understand fomething of them as well as you; but, in fhort, I muft tell you, that if you do not understand your duty better, I fhall teach it you.' Upon which Mr. Wallop fat down. Mr. Rotheram urged, that if Mr. Baxter's book had fharp reflections upon the church of Rome by name, but spake well of the prelates of the church of England, it was to be prefumed, that the fharp_reflections were intended only against the prelates of the church of Rome.' The lord chief justice

cife of his miniftry, as affiftant to Mr. Silvefier, and though no man was better qualified than he, for managing the public affairs of his party, yet he never meddled with them, nor had the leaft to do with thofe addreffes which were prefented by fome of that body to K. James II. on his indulgence. After his fettlement in Charter-Houfe Yard, he continued about four years and a half in the exercife of public duties, till he became fo very weak as

to

faid, Baxter was an enemy to the name and thing, the office and perfon of bifhops. Rotheram added, that Baxter frequently attended divine fervice, went to the facrament, and perfuaded others to do fo too, as was certainly and publicly known; and had, in the very book fo charged, fpoken very moderately and honorably of the bishops of the church of England. Mr. Baxter added, "My "lord, I have been fo moderate with refpect to the church of England, "that I have incurred the cenfure of many of the diffenters upon that account." Baxter for bishops, fays Jefferies, that's a merry conceit indeed: Turn to it, turn to it.' Upon this Rotheram turned to a place where 'tis said, 'That great refpect is due to those truly called to be bishops among us, or to that purpose. Ay, faith Jefferie, this is your prefbyterian cant; truly called to be bishops; that is himfelf, and fuch rafcals, called to be bithops of Kidderminster and other fuch places: Bishops fet apart by fuch factious, fivelling prefbyterians as himself; a Kidderminfer bishop he means: According to the faying of a late learned author, and every parifh fhall maintain, a tithe-pig metropolitan.' Mr. Baxter beginning to speak again, fays he to him, Richard, Richard, dost thou think we will hear thee poifon the court, &c. Richard, thou art an old fellow, an old knave; thou haft written books enough to load a cart, every · one as full of fedition (I might fay treafon) as an egg is full of meat. Hadft thou been whipped out of thy waiting trade forty years ago, it had been happy. Thou pretendeft to be a preacher of the gospel of peace, and thou haft one foot in the grave; 'tis time for thee to begin to think what account thou intendeft to give. But leave thee to thyfelf, and I fee thou'lt go on as thou haft begun; but, by the 6 grace of GOD, I will look after thee. I know thou haft a mighty party, and I fee a great many of the brotherhood in corners, waiting to fee what will become of their mighty don, and a doctor of the party (looking to Dr. Bates) at your elbow; but, by the grace of almighty GOD, I'll crush you all.' Mr. Rotheram fitting down, Mr. Attwood began to fhew, that not one of the paffages mentioned in the information ought to be trained to that fenfe, which was put upon them by the innuendos, they being more natural when taken in a milder sense, nor could any one of them be applied to the prelates of the church of England without a very forced construction. To evidence this he would have read fome of the text: But Jefferies cried out, you fhall not draw me into a conventicle with your annotations, nor your fnivelling parfon neither. My lord, faid Attwood, I conceive this to be exprefsly within Refuell's cafe lately before your lordship.' You conceive, fays Jefferies, you conceive amifs it is not.' My lord, fays Mr. Attwood, that I may ufe the best authority, permit ne to repeat your lordship's own words in that

• cafe,'

to be forced to keep his chamber. Even then he ceafed not to do good, fo far as it was in his power; and as he fpent his life in taking pains, fo to the laft moment of it he directed his Chriftian brethren by the light of a good example. He departed this life December 8, 1691. A few days after his corpfe was interred in Chrift-Church, being attended to the grave by a large company of all ranks and qualities, efpecially minifters, and amongst them

cafe. No, you fhall not, fays he. You need not speak, for you are an author already; though you speak and write impertinently.' Says Attwood, 'I cannot help that, my lord, if my talent be no better; but it is my duty to do my bett for my client.' Jefferies thereupon went on, inveighing against what Attwood had published: And Attwood justified it to be in defence of the English conftitution, declaring that he never difowned any thing that he had written. Jefferies several times ordered him to fit down, but he still went on. My lord, fays he, I have matter of law to offer for my client; and he proceeded to cite feveral cafes, wherein it had been adjudged, that words ought to be taken in the milder fenfe, and not to be trained by innuendos. Well, fays Jefferies, when he had done, you have had your fay.' Mr. Williams and Mr. Phipps said nothing, for they faw it was to no purpose. At Length fays Mr. Baxter himself, "My lord, I think I can clearly anfwer all that is laid to my charge, and I fhall do it briefly. The fum is contained in these few papers, to which I fhall add a little by "teftimony:" But he would not hear a word. At length the chief justice fummed up the matter in a long and fulfome harangue. Tis notoriously known (fays he) there has been a defign to ruin the king and the nation. The old game has been renewed, and this has been the main incendiary. He is as modeft now as can be; but time ◄ was, when no man was fo ready to bind your kings in chains, and your nobles in fetters of iron; and to your tents, O Ifrael. Gentlemen, for GOD's fake, don't let us be gulled twice in an age, c. And when he concluded, he told the jury, that if they in their confciences believed he meant the bishops and clergy of the church of England, in the paffages which the information referred to, they must find him guilty, and he could mean no men elfe; if not, they must find him not guilty. When he had done, fays Mr. Baxter to him," Does your lordship think any jury will pretend to país a verdict "upon me, upon fuch a trial?" I'll warrant you, Mr. Baxter, says he,

don't you trouble yourself about that.' The jury immediately laid their heads together at the bar, and found him guilty. As he was going from the bar, Mr. Baxter told my lord chief justice, who had fo loaded him with reproaches, and yet continued them, that "a "predeceffor of his had had other thoughts of him :" Upon which he replied, That there was not an honeft man in England but what took

him for a great knave.' He had fubponad feveral clergymen, who appeared in court, but were of no ufe to him, through the violence of the chief juftice. The trial being over, Sir Henry Asburst led Mr. Baxter through the crowd (I mention it to his honor), and conveyed him away in his coach. On June the 29th following he had judgement given against him. He was fined five hundred marks, to lie in prifon till he paid it, and be bound to his good behavior for feven years. Ca. lamy's Abridgement, Vol. I. p. 368---373,

them not a few of the established church, who very pra dently paid this laft tribute of refpect to the memory of a great and good man, whofe labors deferved much from true Chriftians of all denominations. He was a man, to fpeak impartially from the confideration of hist writings, who had as ftrong a head, and as found a heart, as any of the age in which he lived. He was too confcientious to comply from temporal motives, and his charity was too extenfive to think of recommending himfelf to popular applaufe by a rigid behavior. These fentiments produced fuch a practice as inclined fome to believe he had a religion of his own, which was the reason that when Sir John Gayer bequeathed a legacy by will to men of moderate notions, he could think of no better expreffion than this, that they fhould be of Mr. Baxter's religion. We need not wonder that a person so little addicted to any party fhould experience the bitterness of all; and in truth, no man was ever more feverely treated in this refpect than Mr. Baxter, against whom more books were written, than against any man in the age in which he lived. His friends, however, were fuch as the bare repetition of their names might well pafs for a panegyric, fince it is impoffible they could have lived in terms of ftrict intimacy with any other than a wife and upright mant. But the beft teftimony of Mr. Baxter's worth may,

be

Sir John Gayer did by his laft will and teftament bequeath a confiderable fum of money to perfons lately entered into the miniftry, and young ftudents for the miniftry, with this reftriction, that they fhould be fuch as were neither for domination nor unneceffary feparation, but of Mr. Baxter's principles. His lady, being of the established church, inclined to pay the legacy to fuch as were within Sir John's defcription of her own community. Upon this a chancery fuit was commenced, wherein it was proved, to the fatisfaction of the court, that Mr. Baxter was a nonconformit; whereupon a decree went in favor of the plaintiffs. This was certainly a very fingular cafe, and much for the honor of Mr. Baxter, fince it plainly appears that Sir John Gayer thought him a man of diftinguifhed piety and uncommon moderation; and, on the other hand, neither church nor diflenters could be prevailed on to part with their right in him, but actually tried it in a court of equity.

We have already mentioned many of his court friends, to whom we ought to add the famous duke of Lauderdale, the earl of Balcarras, a Scotch nobleman of the name of Leley, and at the head of the prefbyterian intereft in that kingdom. The great chief juftice Hale, who honored him with an intimate friendship, gave a high encomium of his piety and learning to all the judges, when he was in prifon on the Oxford act, left him a legacy in his will, and feveral large books in his own hand-writing, on the matter of their converfations; alderman Afburft, Sir John Maynard, Sir James Langham, Sir Edward Harley, &c.

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