The History of Thomas Ellwood Written By Himself Part 16

After the meeting was ended, I sent to my friend Isaac Penington, by his son and servant, who returned home, though it was late, that evening, a short account of the business in the following distich:-

Praevaluit veritas: inimnici terga dedere; Nos sumus in tuto; laus tribuenda Deo.

Which may be thus Englished:

Truth hath prevailed; the enemies did fly; We are in safety; praise to G.o.d on high.

But both they and we had quickly other work found us: it soon became a stormy time. The clouds had been long gathering and threatening a tempest. The Parliament had sat some time before, and hatched that unaccountable law which was called the Conventicle Act; if that may be allowed to be called a law, by whomsoever made, which was so directly contrary to the fundamental laws of England, to common justice, equity, and right reason, as this manifestly was.

For,

First, It broke down and overrun the bounds and banks anciently set for the defence and security of Englishmen's lives, liberties, and properties--viz., trial by juries; instead thereof, directing and authorizing justices of the peace, and that too privately out of sessions, to convict, fine, and by their warrants distrain upon offenders against it; directly contrary to the Great Charter.

Secondly, By that Act the informers, who swear for their own advantage, as being thereby ent.i.tled to a third part of the fines, were many times concealed, driving on an underhand private trade; so that men might be, and often were, convicted and fined, without having any notice or knowledge of it till the officers came and took away their goods, nor even then could they tell by whose evidence they were convicted; than which what could be more opposite to common justice, which requires that every man should be openly charged and have his accuser face to face, that he might both answer for himself before he be convicted, and object to the validity of the evidence given against him?

Thirdly, By that Act the innocent were punished for the offences of the guilty. If the wife or child was convicted of having been at one of those a.s.semblies which by that Act was adjudged unlawful, the fine was levied on the goods of the husband or father of such wife or child, though he was neither present at such a.s.sembly, nor was of the same religious persuasion that they were of, but perhaps an enemy to it.

Fourthly, It was left in the arbitrary pleasure of the justices to lay half the fine for the house or ground where such a.s.sembly was holden, and half the fine for a pretended unknown preacher, and the whole fines of such and so many of the meeters as they should account poor, upon any other or others of the people who were present at the same meeting, not exceeding a certain limited sum; without any regard to equity or reason. And yet, such blindness doth the spirit of persecution bring on men, otherwise sharp-sighted enough, that this unlawful, unjust, unequal, unreasonable, and unrighteous law took place in almost all places, and was rigorously prosecuted against the meetings of Dissenters in general, though the brunt of the storm fell most sharply on the people called Quakers; not that it seemed to be more particularly levelled at them, but that they stood more fair, steady, and open, as a b.u.t.t to receive all the shot that came, while some others found means and freedom to retire to coverts for shelter.

No sooner had the bishops obtained this law for suppressing all other meetings but their own, but some of the clergy of most ranks, and some others too who were overmuch bigoted to that party, bestirred themselves with might and main to find out and encourage the most profligate wretches to turn informers, and to get such persons into parochial offices as would be most obsequious to their commands, and ready at their beck to put it into the most rigorous execution. Yet it took not alike in all places, but some were forwarder in the work than others, according as the agents intended to be chiefly employed therein had been predisposed thereunto.

For in some parts of the nation care had been timely taken, by some not of the lowest rank, to choose out some particular persons--men of sharp wit, close countenances, pliant tempers, and deep dissimulation--and send them forth among the sectaries, so called, with instructions to thrust themselves into all societies, conform to all or any sort of religious profession, Proteus-like change their shapes, and transform themselves from one religious appearance to another as occasion should require. In a word, to be all things to all--not that they might win some, but that they might, if possible, ruin all; at least many.

The drift of this design was, that they who employed them might by this means get a full account what number of Dissenters' meetings, of every sort, there were in each county, and where kept; what number of persons frequented them, and of what rank; who amongst them were persons of estate, and where they lived; that when they should afterwards have troubled the waters, they might the better know where with most advantage to cast their nets.

He of these emissaries whose post was a.s.signed him in this county of Bucks adventured to thrust himself upon a Friend under the counterfeit appearance or a Quaker, but being by the Friend suspected, and thereupon dismissed unentertained, he was forced to betake himself to an inn or alehouse for accommodation. Long he had not been there ere his unruly nature, not to be long kept under by the curb of a feigned society, broke forth into open profaneness; so true is that of the poet,

Naturam expellas furca licet, usque recurret.

To fuddling now falls he with those whom he found tippling there before, and who but he amongst them in him was then made good the proverb, in vino veritas, for in his cups he out with that which was no doubt to have been kept a secret. 'Twas to his pot companions that, after his head was somewhat heated with strong liquors, he discovered that he was sent forth by Dr. Mew, the then Vice- Chancellor of Oxford, on the design before related, and under the protection of Justice Morton, a warrant under whose hand and seal he there produced.

Sensible of his error too late, when sleep had restored him to some degree of sense, and discouraged with this ill success of his attempt upon the Quakers, he quickly left that place, and crossing through the country, cast himself among the Baptists at a meeting which they held in a private place, of which the over-easy credulity of some that went among them, whom he had craftily insinuated himself into, had given him notice. The entertainment he found amongst them deserved a better return than he made them; for, having smoothly wrought himself into their good opinion, and cunningly drawn some of them into an unwary openness and freedom of conversation with him upon the unpleasing subject of the severity of those times, he most villainously impeached one of them, whose name was --- Headach, a man well reputed amongst his neighbours, of having spoken treasonable words, and thereby brought the man in danger of losing both his estate and life, had not a seasonable discovery of his abominable practices elsewhere, imprinting terror, the effect of guilt, upon him, caused him to fly both out of the court and country at that very instant of time when the honest man stood at the bar ready to be arraigned upon his false accusation.

This his false charge against the Baptist left him no further room to play the hypocrite in those parts; off therefore go his cloak and vizor. And now he openly appears in his proper colours, to disturb the a.s.semblies of G.o.d's people, which was indeed the very end for which the design at first was laid.

But because the law provided that a conviction must be grounded upon the oaths of two witnesses, it was needful for him, in order to the carrying on his intended mischief, to find out an a.s.sociate who might be both sordid enough for such an employment and vicious enough to be his companion.

This was not an easy task, yet he found out one who had already given an experiment of his readiness to take other men's goods, being not long before released out of Aylesbury gaol, where he very narrowly escaped the gallows for having stolen a cow.

The names of these fellows being yet unknown in that part of the country where they began their work, the former, by the general voice of the country, was called the Trepan; the latter, the Informer, and from the colour of his hair Red-hair. But in a little time the Trepan called himself John Poulter, adding withal that Judge Morton used to call him John for the King, and that the Archbishop of Canterbury had given him a deaconry. That his name was indeed John Poulter, the reputed son of one --- Poulter, a butcher in Salisbury, and that he had long since been there branded for a fellow egregiously wicked and debauched, we were a.s.sured by the testimony of a young man then living in Amersham, who both was his countryman and had known him in Salisbury, as well as by a letter from an inhabitant of that place, to whom his course of life had been well known.

His comrade, who for some time was only called the Informer, was named Ralph Lacy, of Risborough, and surnamed the Cow-stealer.

These agreed between themselves where to make their first onset, which was to be, and was, on the meeting of the people called Quakers, then holden at the house of William Russell, called Jourdan's, in the parish of Giles Chalfont, in the county of Bucks; that which was wanting to their accommodation was a place of harbour, for a.s.sistance wherein recourse was had to Parson Philips, none being so ready, none so willing, none so able to help them as he.

A friend he had in a corner, a widow woman, not long before one of his paris.h.i.+oners; her name was Anne Dell, and at that time she lived at a farm called Whites, a bye-place in the parish of Beaconsfield, whither she removed from Hitchindon. To her these fellows were recommended by her old friend the parson. She with all readiness received them; her house was at all times open to them; what she had was at their command.

Two sons she had at home with her, both at man's estate. The younger son, whose name was John Dell, listed himself in the service of his mother's new guests, to attend on them as their guide, and to inform them (who were too much strangers to pretend to know the names of any of the persons there) whom they should inform against.

Thus consorted, thus in a triple league confederated, on the 24th day of the fifth month, commonly called July, in the year 1670, they appeared openly, and began to act their intended tragedy upon the Quakers' meeting at the place aforesaid, to which I belonged, and at which I was present. Here the chief actor, Poulter, behaved himself with such impetuous violence and brutish rudeness as gave occasion for inquiry who or what he was? And being soon discovered to be the Trepan, so infamous and abhorred by all sober people, and afterwards daily detected of gross impieties and the felonious taking of certain goods from one of Brainford, whom also he cheated of money-- these things raising an outcry in the country upon him, made him consult his own safety, and leaving his part to be acted by others, quitted the country as soon as he could.

He being gone, Satan soon supplied his place by sending one Richard Aris, a broken ironmonger of Wycombe, to join with Lacy in this service, prompted thereto in hopes that he might thereby repair his broken fortune.

Of this new adventurer this single character may serve, whereby the reader may make judgment of him as of the lion by his paw; that at the sessions held at Wycombe in October then last past he was openly accused of having enticed one Harding, of the same town, to be his companion and a.s.sociate in robbing on the highway, and proof offered to be made that he had made bullets in order to that service; which charge Harding himself, whom he had endeavoured to draw into that heinous wickedness, was ready in court to prove upon oath had not the prosecution been discountenanced and smothered.

Lacy, the cow-stealer, having thus got Aris, the intended highwayman, to be his comrade, they came on the 21st of the month called August, 1670, to the meeting of the people called Quakers, where Lacy, with Poulter, had been a month before; and taking for granted that the same who had been there before were there then, they went to a justice of the peace called Sir Thomas Clayton, and swore at all adventure against one Thomas Zachary and his wife, whom Lacy understood to have been there the month before, that they were then present in that meeting; whereas neither the said Thomas Zachary nor his wife were at that meeting, but were both of them at London, above twenty miles distant, all that day, having been there some time before and after; which notwithstanding, upon this false oath of these false men, the Justice laid fines upon the said Thomas Zachary of 10 pounds for his own offence, 10 pounds for his wife's, and 10 pounds for the offence of a pretended preacher, though indeed there was not any that preached at that meeting that day; and issued forth his warrant to the officers of Beaconsfield, where Thomas Zachary dwelt, for the levying of the same upon his goods.

I mention these things thus particularly, though not an immediate suffering of my own, because in the consequence thereof it occasioned no small trouble and exercise to me.

For when Thomas Zachary, returning home from London, understanding what had been done against him, and advising what to do, was informed by a neighbouring attorney that his remedy lay in appealing from the judgment of the convicting Justice to the general Quarter Sessions of the Peace, he thereupon ordering the said attorney to draw up his appeal in form of law, went himself with it, and tendered it to the Justice. But the Justice being a man neither well principled nor well natured, and uneasy that he should lose the advantage both of the present conviction and future service of such (in his judgment) useful men as those two bold informers were likely to be, fell sharply upon Thomas Zachary, charging him that he suffered justly, and that his suffering was not on a religious account.

This rough and unjust dealing engaged the good man to enter into further discourse with the Justice in defence of his own innocency; from which discourse the insidious Justice, taking offence at some expression of his, charged him with saying, "The righteous are oppressed, and the wicked go unpunished." Which the Justice interpreting to be a reflection on the Government, and calling it a high misdemeanour, required sureties of the good man to answer it at the next Quarter Sessions, and in the meantime to be bound to his good behaviour. But he, well knowing himself to be innocent of having broken any law, or done in this matter any evil, could not answer the Justice's unjust demand, and therefore was sent forthwith a prisoner to the county gaol.

By this severity it was thought the Justice designed not only to wreak his displeasure on this good man, but to prevent the further prosecution of his appeal; whereby he should at once both oppress the righteous by the levying of the fines unduly imposed upon him, and secure the informers from a conviction of wilful perjury and the punishment due therefor, that so they might go on without control in the wicked work they were engaged in.

But so great wickedness was not to be suffered to go unpunished, or at least undiscovered. Wherefore, although no way could be found at present to get the good man released from his unjust imprisonment, yet that his restraint might not hinder the prosecution of his appeal, on which the detection of the informer's villainy depended, consideration being had thereof amongst some Friends, the management of the prosecution was committed to my care, who was thought with respect at least to leisure and disengagement from other business, most fit to attend it; and very willingly I undertook it.

Wherefore at the next general Quarter Sessions of the Peace, held at High Wycombe in October following, I took care that four substantial witnesses, citizens of unquestionable credit, should come down from London in a coach and four horses, hired on purpose.

These gave so punctual and full evidence that Thomas Zachary and his wife were in London all that day whereon the informers had sworn them to have been at an unlawful meeting, at a place more than twenty miles distant from London, that notwithstanding what endeavours were used to the contrary, the jury found them not guilty. Whereupon the money deposited for the fines at the entering of the appeal ought to have been returned, and so were ten pounds of it; but the rest of the money being in the hand of the Clerk of the Peace, whose name was Wells, could never be got out again.

Thomas Zachary himself was brought from Aylesbury gaol to Wycombe, to receive his trial, and though no evil could be charged upon him, yet Justice Clayton, who at first committed him, displeased to see the appeal prosecuted and the conviction he had made set aside, by importunity prevailed with the bench to remand him to prison again, there to lie until another sessions.

While this was doing I got an indictment drawn up against the informers Aris and Lacy for wilful perjury, and caused it to be delivered to the grand jury, who found the bill. And although the court adjourned from the town-hall to the chamber at their inn, in favour as it was thought to the informers, on supposition we would not pursue them thither, yet thither they were pursued; and there being two counsel present from Windsor--(the name of the one was Starky, and of the other, as I remember, Forster, the former of whom I had before retained upon the trial of the appeal)--I now retained them both, and sent them into court again, to prosecute the informers upon this indictment; which they did so smartly that, the informers being present as not suspecting any such sudden danger, were of necessity called to the bar and arraigned, and having pleaded NOT GUILTY, were forced to enter a traverse to avoid a present commitment: all the favour the court could show them being to take them bail one for the other, though probably both not worth a groat, else they must have gone to gaol for want of bail, which would have put them besides their business, spoiled the informing trade, and broke the design; whereas now they were turned loose again to do what mischief they could until the next sessions.

Accordingly, they did what they could, and yet could make little or no earnings at it; for this little step of prosecution had made them so known, and their late apparent perjury had made them so detestable, that even the common sort of bad men shunned them, and would not willingly yield them any a.s.sistance.

The next Quarter Sessions was held at Aylesbury, whither we were fain to bring down our witnesses again from London, in like manner and at like charge, at the least, as before. And though I met with great discouragements in the prosecution, yet I followed it so vigorously that I got a verdict against the informers for wilful perjury, and had forthwith taken them up, had not they forthwith fled from justice and hid themselves. However, I moved by my attorney for an order of court, directed to all mayors, bailiffs, high constables, petty constables, and other inferior officers of the peace, to arrest and take them up wherever they should be found within the county of Bucks, and bring them to the county gaol.

The report of this so terrified them, that of all things dreading the misery of lying in a gaol, out of which they could not hope for deliverance otherwise than by at least the loss of their ears, they, hopeless now of carrying on their informing trade, disjoined, and one of them (Aris) fled the country; so that he appeared no more in this country. The other (Lacy) lurked privily for a while in woods and bye-places, until hunger and want forced him out; and then casting himself upon a hazardous adventure, which yet was the best, and proved to him best course he could have taken, he went directly to the gaol where he knew the innocent man suffered imprisonment by his means and for his sake; where asking for and being brought to Thomas Zachary, he cast himself on his knees at his feet, and with appearance of sorrow confessing his fault, did so earnestly beg for forgiveness that he wrought upon the tender nature of that very good man, not only to put him in hopes of mercy, but to be his advocate by letter to me, to mitigate at least, if not wholly to remit, the prosecution. To which I so far only consented as to let him know I would suspend the execution of the warrant upon him according as he behaved himself, or until he gave fresh provocation; at which message the fellow was so overjoyed that, relying with confidence thereon, he returned openly to his family and labour, and applied himself to business, as his neighbours observed and reported, with greater diligence and industry than he had ever done before.

Thus began and thus ended the informing trade in these parts of the county of Bucks; the ill success these first informers found discouraging all others, how vile soever, from attempting the like enterprise there ever after. And though it cost some money to carry on the prosecution, and some pains too, yet for every s.h.i.+lling so spent a pound probably might be saved of what in all likelihood would have been lost by the spoil and havoc that might have been made by distresses taken on their informations.

But so angry was the convicting Justice, whatever others of the same rank were, at this prosecution, and the loss thereby of the service of those honest men, the perjured informers--for, as I heard an attorney (one Hitchc.o.c.k, of Aylesbury, who was their advocate in court) say, "A great lord, a peer of the realm, called them so in a letter directed to him; whereby he recommended to him the care and defence of them and their cause"--that he prevailed to have the oath of allegiance tendered in court to Thomas Zachary, which he knew he would not take because he could not take any oath at all; by which snare he was kept in prison a long time after, and, so far as I remember, until a general pardon released him.

But though it pleased the Divine Providence, which sometimes vouchsafeth to bring good out of evil, to put a stop, in a great measure at least, to the prosecution here begun, yet in other parts, both of the city and country, it was carried on with very great severity and rigour; the worst of men for the most part being set up for informers; the worst of magistrates encouraging and abetting them; and the worst of the priests who first began to blow the fire, now seeing how it took, spread, and blazed, clapping their hands, and hallooing them on to this evil work.

The sense whereof, as it deeply affected my heart with a sympathizing pity for the oppressed sufferers, so it raised in my spirit a holy disdain and contempt of that spirit and its agent by which this unG.o.dly work was stirred up and carried on; which at length broke forth in an expostulatory poem, under the t.i.tle of "Gigantomachia" (the Wars of the Giants against Heaven), not without some allusion to the second Psalm; thus:-

Why do the heathen in a brutish rage, Themselves against the Lord of Hosts engage?

Why do the frantic people entertain Their thoughts upon a thing that is so vain?

Why do the kings themselves together set?

And why do all the princes them abet?

Why do the rulers to each other speak After this foolish manner, "Let us break Their bonds asunder; come, let us make haste, With joint consent, their cords from us to cast?"