The CASE of Mr. ABRAHAM GILL, &c.
ABraham Gill, the Subject of the ensuing Tragedy, was a Minister of the Church of England; He was born in Rivington in the County of Lancaster, had his Education partly among the Dissenters, but last of all in the University of Oxford, where he commenc'd Batchelor of Arts of Brazen-Nose College.
From whence Conforming to the Church of England, he entred into Holy Orders, and was admitted by the present Right. Reverend the Bishop of Chester.
And because his Enemies have had the face to Charge him with forging the Bishop's Orders, We think it necessary, that we may clear every thing as we go along, having abundance of dark things to expose and Hellish Conduct to lay open, to draw this Scene [Page 5] before we proceed, and to tell them, that the very Original Orders, Signed by the Bishop of Chester's own Hand, and Seal'd with his Seal, is left with the rest of the Vouchers of this horrid Transaction, at Mr. John Skey's Tobacconist, at the Black-boy and Three Tobacco-pipes at Queenhithe, where all the World, Friends or Enemies, are promised a free and uninterrupted Opportunity to see them, and detect the Forgeries if they are to be found.
And that it may not be alledg'd, this Freedom of offering a sight of the Originals is but a presumptive Proof, supposing no Man will trouble himself to examine them, (tho' the Willingness of some Gentlemen to expose the Dissenters in this honest Man's Cause suggests otherwise) yet eternally to stop the Mouth of the most prepossess'd Malice, a Reverend Clergy-man of their own Church is to be found, honest enough to do Justice to an injur'd Man, and give a Sanction to the Truth.
This Gentleman is one who entred into Orders with Mr. Gill, and five Ministers more at the same time, and has honestly sworn it: which Affidavit is left also with the rest of the Vouchers at the Place aforesaid. And now if these Orders are Counterfeit or Forg'd, it may fairly be seen, and Mr. Gill be expos'd; but if not, let the World match the villainous Usage this poor Man has met with, if they can.
After this Demonstration of the Certainty and undoubted Truth of his Orders, 'tis humbly desir'd of all those Gentlemen that shall for the future charge him with forging Episcopal Orders, that they would be pleas'd to shew their Faces, that we may see if they do not blush; and that they would tell us their Names, that after some few Examples of this sort made for Satisfaction to Justice and the Law out of the great Number of those that are already detected, they may be recorded, as they deserve, among those that bear false Witness against their Neighbours.
To proceed to the History of Mr. Gill: After he had thus enter'd into Orders, he preach'd as Curate at Maney in the Isle of Ely, about 12 Miles from Wisbich.
While he Officiated in this Place, he was well receiv'd and belov'd of his Congregation; and we never find any Complaint made of him, save that he set an ill Example to his Neighbours of the Clergy, by invading the Custom of the Country, and Preaching twice a day to the People.
Having been two Years in Maney, he received an Invitation from the Inhabitants of Welney, or Welneth, a Hamlet in the Parish of Upwell in the same County, to preach in a certain Privileg'd [Page 6] Independent Chapel in this Parish; the Right of the Place empowering the Inhabitants to choose their own Minister.
After long and earnest Sollicitations from the Inhabitants of Wilney, and with the Consent of his former Hearers, he agreed to go to Wilney, and accordingly went and settled with his Family in the Parsonage-house or Tenement belonging to the said Chapel.
The Freedom with which the Inhabitants of Wilney invited Mr. Gill to be their Curate, appear'd in their chearful assisting him in his Removal thither, and preparing a Feast for his Reception; all the Neighbours in general meeting him to bid him Welcome.
About a Fortnight or Three-weeks after his Settlement at Wilney, the Reverend Dr. Gregg, Rector of Upwell, came to pay him a Visit, thank'd him for coming to the said Chapel, and declared that he was glad his Parishioners were like to be so well serv'd.
In this Chapel Mr. Gill continued about seven Years, viz. from the Year 1695 to the Year 1702, Preaching twice a day, and Conforming in all things to the Usage of the Church of England. But in process of Time being dissatisfied in his Conscience at the Use of the Liturgy, he began at several times to omit such part of the Service as he dislik'd; till at last his Scruples encreasing, he wholly omitted the Common Prayer, applying himself only to the Pulpit, and conceiving he was not under equal Obligation as if Preaching in a Parish-Church, the Chapel he preach'd in being wholly Independent, a Privileg'd Place, and in the Power of the People.
As this was the Original of all the subsequent Malice of the Church-Clergy, and of the barbarous Proceedings of which we are to give an Account; so they are hereby fairly challeng'd to produce one Shadow of a Crime in his Behaviour, which, Humane Frailty excepted, appears wholly blameless, and which we shall produce such Testimonials to justifie, as few of the Clergy of the Church can produce more, and such as indeed no honest Man need desire better.
If this Offence were as great as they would suppose it to be, it yet admits of much to be said in Extenuation; as, I. His Scruples of Conscience, which would not permit him to continue the Exercise of the Common Prayer and Ceremonies, at least not in all parts; 2. His officiating in a private Independent Chapel, in which, as before, he thought himself not oblig'd to an exact and compleat Conformity.
But, to oblige our Adversary, we'll suppose it as heinous a Crime as they can pretend to, yet they will have enough to do [Page 7] to make it out that their Proceedings with him have been legal, rational, just, or humane: And for the Truth of this Suggestion, we refer to the Particulars, and freely make all unprejudic'd Members of their own Church the Judges: this Independency of the Chapel of Wilney will in some measure appear as follows.
Dr. Gregg, the Rector of Upwell, understanding that Mr. Gill omitted the Common Prayer, came to him, and told him, he was sorry he (Mr. Gill) did not hold to his Principles, &c. and that he must therefore dispossess him, and put in another Curate.
But Mr. Gill replied, He was not, nor ever had been, his Curate, and that it was not in his (Dr. Gregg's) Power to dispossess him; and therewith Mr. Gill shew'd the Doctor his Authority for holding the Place, which satisfied Dr. Gregg, so that he never offer'd him the least Disturbance afterward.
After some time Dr. Gregg died, and the Rectory of Upwell was given to one Mr. Hubbart; but he being a weakly Man, and in a deep Consumption, he put in a Curate to Officiate; viz. one Mr. Hugh James.
This Mr. James finding his Parishioners flocking after Mr. Gill, and but few caring to hear him, he exprest his Displeasure frequently in threatning and malicious Speeches against Mr. Gill; but the Incumbent Mr. Hubbart being a pious and peaceable Man, would not permit him to molest Mr. Gill during his Life: but this was not long; for, in about a Year and a half the said Mr. Hubbart, the Rector of Upwell, died, and the Living was then given to the said Curate, Mr. Hugh James.
As this Mr. James was a Man both of a different Temper and Character from his two honest Predecessors, he resolv'd to strain his Authority to the utmost, in order to dispossess Mr. Gill.
The first Step he took in this Undertaking, was that about the [...] He comes to Wilney on a Lord's-day, and demands the Pulpit for the morning: Mr. Gill quietly permitted him to Preach; which he did, or rather Rail, at an uncommon rate, against Mr. Gill, bending his whole Discourse to set out the heinous Sin of Omitting the holy Ceremonies, and telling Mr. Gill, from the Pulpit, that he ought to lie at the Chapel-door for three or four Months in Sackcloth, not daring to tread upon that Consecrated Ground, begging the People to pray to God for him to forgive him that Sin: and to prove this, quoted, as we are told, several Popish Writers, but not one Text of Scripture as can be remembred; running on in such a virulent Stile and unsuitable manner, that many of the Inhabitants could not bear to hear him, but went out of the Chapel.
[Page 8] In the Afternoon there was no Sermon; for the said Mr. James, Rector of Upwell, gave notice to the People to meet him after Dinner at an Alehouse, where he Treated them with Liquor, and, as a place more proper for the Subject, preach'd the Second Part to his Morning Sermon, and bestow'd another plentiful storm of ill Language on Mr. Gill, desiring the Inhabitants to set their Hands to a Letter, Petition, or Paper written to the Bishop, in order to get Mr. Gill turn'd out: But they all unanimously refus'd him.
Being disappointed in his Expectations, and having spent his Breath, as well as Ale, to no purpose, he went, as is reported, that very Night to Ely, and the next Week to London, to complain against Mr. Gill to the Bishop of Norwich.
The Inhabitants of Wilney having discovered the Design, and being very loth to part with their Minister, importun'd Mr. Gill to draw up a Petition to the Lord Bishop of Norwich, in order to prevent Mr. James from obtaining his malicious Design.
Mr. Gill, at the Desire of his Congregation, did draw up the said Petition, which was Sign'd by near 80 Hands of the Inhabitants of Wilney, and sent up to the Lord Bishop of Norwich (by the Post) who receiv'd it, as is supposed, before the said Mr. James got thither.
Soon after the Arrival of the Petition, the Rector Mr. James came up to the Bishop, and makes his Complaint against Mr. Gill, desiring he might be dismist: but his Lordship (as Mr. James himself has reported) answer'd, That he had heard a very good Report of the said Mr. Gill from his Neighbourhood, That by the Right of the Place the Choice of a Minister was in the Inhabitants, and they testifying to his Behaviour, he could not dismiss him, or credit the Accusation of one Man against the unanimous Voice of the whole Town, or Words to that effect. But, in short, he rejected the Request of Mr. James, and refus'd to Censure or Dispossess Mr. Gill.
Mr. James finding himself disappointed here, applies himself to the Spiritual Court at Norwich, and about May 1702 procures a Citation against Mr. Gill, to appear at Norwich. Mr. Gill obey'd the Citation very readily, appear'd at Norwich, and retain'd one Mr. Batchelour as his Proctor to manage his Defence.
Mr. James finding himself still defeated, and not venturing to proceed in the Bishop's Court at Norwich, let drop his Citation, and ceas'd his Prosecution till about August 1702, when he serv'd Mr. Gill with another Citation.
[Page 9] While this was depending, Mr. Gill going to Cambridge to Vote in the Election of Knights of the Shire, being possest of a Glebe to the Chapel as a Freehold, came into the Company of Sir R [...] Jen [...]gs Knight, who pretending Friendship to Mr. Gill, and his Neighbours who were there present, began to perswade them to part quietly and lovingly; and to avoid continual Fewds, perswaded Mr. Gill to quit the Chapel of Wilney, as a Place not worth so much Fewd and Contest; and upon his doing so, he promis'd he would engage on the behalf of Mr. James, the Suit in the Spiritual Court should go no farther.
Mr. Gill consented, and tho' much against the minds of the Inhabitants, agreed to leave Wilney, and depending on the Promise of Sir R. Jen [...]gs, omitted any regard of the Suit at Norwich; where, for want of his appearing, and that worthy Knight breaking his word with him, they proceeded to Excommunication against him.
Mr. Gill having thus quitted his Charge, had a Call from Lincolnshire to a Dissenting Congregation; which Call, after some time, he accepted, and accordingly remov'd to go thither. And here 'tis necessary to advertise the Reader; that Mr. Gill was so far from a hasty Flight, or any precipitance in his Remove, that he was near ten Weeks resolving, removing, and settling his Family in Lincolnshire.
In this Interval, and when it is plain these Gentlemen themselves knew every day where to find Mr. Gill, and that he was frequently in the Town of Wilney, and never conceal'd himself or absconded from any body, yet even then one of the most impudent Forgeries that can be paralell'd in this Age, was practis'd upon him; viz. To publish in the Gazette that the said Mr. Gill was fled from Justice, having been detected of Forgery, &c.
And because the bare-fac'd piece of Villainy shall admit no Misconstruction, we have here transmitted it to the World Word for Word as it stands in the Gazette, and as Care will speedily be taken to make the proper Persons account for it—as follows:
Gazette, Thursday Nov. 22. 1702. Advert.
WHereas Abraham Gill, aged upward of 30 Years, middle-statur'd, having some grey Hairs, sometimes wearing a light Wig, of a sanguine Complexion, bold and confident in Conversation, of a strong Voice, and a North-country Pronunciation, writing a tolerable Clerks hand (as having been sometime employed under an Attorney) but lately [Page 10] officiating as Curate at Welney in the Isle of Ely, belonging to the Rectory of Upwell in Norfolk, has been detected of Forging Letters of Orders under the Hand and Episcopal Seal of the Right Reverend Father in God Nicholas Lord Bishop of Chester, and being for that and other wicked and scandalous Practices prosecuted in the Lord Bishop of Norwich's Consistory Court, is fled from Justice; all Clergy-men are to take notice not to entertain the said Gill as a Curate, or suffer him to perfom any holy Office. And whoever gives notice of him, so as he may be Prosecuted, either to Mr. Hugh James Rector of Upwell, or to Mr. Robert Clark at the Consistory Court aforesaid in Norwich, shall have a good Reward for the same.
Gazette, Monday, March 22. 1702.
ABraham Gill, (aged upwards of 30 Years, middle-statur'd, some grey Hairs, wearing sometimes a light Wig, sometimes a darker, sanguine Complexion, bold and confident in Conversation, strong Voice, a North-Country Pronunciation, writing a Clerk-like Hand, as having been sometime employed under an Attorney, travelling the Country with a Woman and three or four Children) some time since forged Letters of Orders under the Hand and Episcopal Seal of the Lord Bishop of Chester, and for some time Officiated as Curate at Welney in the Isle of Ely, belonging to the Rectory of Upwell in Norfolk, until the Forgery was detected: for which, and other wicked and scandalous Practices, being Prosecuted in the Consistory Court at Norwich, he fled from Justice: Since which time he hath forged other Letters of Orders under the Bishop of Ely's Hand and Episcopal Seal, which were discovered to be Counterfeit upon his producing them at Bollingbrook in Lincolnshire, where he offered himself to be Curate; upon which, being again taken into Custody, he hath again made his Escape. All Clergy-men are therefore desired not to entertain the said Gill as a Curate, or suffer him to perform any Holy Office. And whoever gives notice of him (so as he may be secur'd) to Mr. Hugh James, Rector of Upwell, or to Mr. Robert Clark, Proctor in Norwich, shall have a good Reward for the same.
Mr. Gill has been inform'd, this black piece of Malice had its birth in Jesus College in Cambridge, concerted there between Dr. Cook, Dr. James, Mr. Lateward, and their Confederates; but as he is not positive in that, he shall be glad of an Occasion to ask their Pardon for the Suggestion when they shall have purg'd themselves honourably from the Suspicion; and till then, thinks the [Page 11] Grounds he has for his Opinion are sufficient to clear him of any breach of Charity in believing it.
Mr. Gill was with his Family upon the Road from Wilney into Lincolnshire, when this Publication was first made; and coming to Boston on a Thanksgiving-Day, he rested, and went to the Dissenting Meeting to hear the Sermon; when, after Sermon, Mr. Keeling the Minister took him home to his House, and shew'd him the Gazette with the aforesaid Advertisement in it.
Mr. Gill, surpriz'd at the Reading of this Gazette, as he well might, immediately took Horse, leaving his Family in Boston, and resolv'd to go to Cambridge, where he expected to find out the bottom of the matter.
In this place it will be necessary to leave Mr. Gill a while, and the Reader may suppose him Travelling to Cambridge, with a Heart full of Trouble to see himself persecuted with so much Malice, and in hopes to find out his Enemies and their Design. And while he is on the Road, let us enquire upon what sorry and sandy Foundation all this Fabrick of Malice and Folly was erected, which will at last tend to lessen the Wonder at the Authors being confounded in their own Devices.
There had been a Man in Derby Jayl whose Name was Gill (but, to avoid all possible Cavil, 'tis noted his Name was not ABRAHAM GILL, but Stephen Clifford alias Gill. This Man having been Committed for Forging Holy Orders, and Counterfeiting the Coins, and Convicted of both, had broke out of the County Jayl at Derby, and was fled from Justice.
Mr. James, the Rector of Upwell, having been inform'd of this by his Attorney, immediately fixes it upon Mr. Gill, and he must be the Man: And to bring this Plot to a Head, takes the pains, about June 1702, to send to Derby, and informing the Jaylor there that his Prisoner was found, procures two Men to be sent from Derby to seize him, and so sure was he of his Game, that he openly gave it out that Mr. Gill had broke out of Jayl, and he should be hang'd.
Accordingly, the two Men sent by the Jaylor came over to Wilney, and pretending extraordinary Business with Mr. Gill, sent for him to an Ale-house in Wilney. Mr. Gill went boldly, as innocently, to them; and as they were Strangers, and had pretended Business, he wonder'd they discours'd with him of several Things, treated him courteously, paid the Reckoning, but never spoke a a word of any Business to him, only frequently whisper'd together, and left him.
[Page 12] The Truth of this after came out, and Mr. Brookhouse Jaylor of Derby discovered the whole Affair to Mr. Gill, how and on what Pretence the two Men were procur'd to be sent from Derby, whose Business with him was to have apprehended him; but the reason of their leaving him as they did, was, because they found he was not that Man.
By this Discovery Mr. Gill came to know that Mr. James's Assistant in this new Plot was one Thomas Johnson an Attorney of Outwell, a Man of ill Fame and foul Practice, who positively affirm'd to the two Men that came from Derby, that Mr. Gill was the same Man that broke out of Derby Jayl.
This Delusion might in some measure have pleaded in Excuse of Mr. James, if his next Scene had not put him out of the reach of any rational Shelter or Defence; for, not content with this Defeat, he joyn'd with this infamous Attorney and one Tho. Beart, who since died in a most horrible manner, rotting away above ground. These three went to one John Marriot of Upwell, and offer'd to give him 10 Pounds, or to Guineas, if he would swear that Mr. Gill was the same Man that had broke out of Derby Jayl for Forgery and Counterfeiting.
But here they were defeated again, and Heaven, the only Protector of Innocence, so blinded their Understanding, that they always made an ill Choice of their Instruments. Honest John Marriot told them plainly, he knew Mr. Gill was not the same Man; and ask'd them with what face they could desire him to burthen his Conscience with a false Oath, or fell his Soul for 10 Guinea's?
By this time the Reader is to suppose Mr. Gill arriv'd at Cambridge, where having been above 14 Days, and all that while walking publickly about the Streets, and openly enquiring about the Notice in the Gazette, he receiv'd a Message from the Vice-Chancellour of Cambridge to come to him to Jesus College; whither, confirm'd and assur'd of his own Innocence, he freely went.
Coming to the College, Dr. Cook demanded his Name, which Mr. Gill readily told him, and the Place of his last Residence and Preaching; viz. at Wilney. Dr. Cook told him that he was describ'd in the Gazette, and upon the Advertisement therein he must send him to Jayl; which he accordingly did on the 24th of March to the Tolhooth in Cambridge, by a Mittimus in the following Words, or to that effect:
I Send you herewith the Body of Abraham Gill, whom I charge you to keep till discharg'd by due Course of Law.
Thus, without any Proof that he was the Man mention'd in the Gazette, without any Oath, or any Crime alledg'd, Mr. Gill was Committed to Prison by the worthy Dr. Cook; of which 'tis presum'd he may hear again in a different manner than this.
Nor was the sending him to Prison the End of their Malice, but as soon as he came thither he had heavy Irons laid upon him, and was fetter'd like a Fellon or a Highway-man.
At the General Quarter-Sessions Mr. Gill being call'd, and Dr. Cook sitting on the Bench, the Dr. told him, Mr. Gill, they had nothing to charge him with: He told them, Then they had done him a great deal of Wrong to keep him in Custody so long, and treat him so hardly, and loading him with Irons: And as they had now nothing against him, he hoped they never would; and therefore pray'd they would Discharge him.
Notwithstanding all this, they remanded him to Prison. Dr. Cook alledg'd he had a Letter from Mr. James, Rector of Upwell, full of Crimes against Mr. Gill; in which Letter, it seems, he desir'd Mr. Gill might be kept close Prisoner till the next Quarter Sessions.
In Obedience to this Command of Mr. James, Dr. Cook endeavour'd to keep Mr. Gill in Prison: but the Barbarity of this Treatment appearing so exceeding great, and the Action so foul that the Country began to talk of it, some Gentlemen of the Country having spoken of it to Dr. Cook's Disadvantage, which coming to his Ears, he was at last prevail'd upon to accept of Bail for Mr. Gill, two eminent Freeholders of that Conuty of 80 l. per ann. each offering to be his Bail.
The Bail being such as could not be objected against, The Dr. let him go, binding his Bail in 60 l. each, and himself in 120 l. to appear at the Quarter-Sessions.
This Usage of Mr. Gill, with the Fury and Barbarity of their Curate and Rector, had so wrought upon the Inhabitants of Upwell, together with the known Innocence of their Minister, that it fill'd them with just Prejudices, and they unanimously invited Mr. Gill to come and Preach to them as a Congregation Dissenting from the [Page 14] Church; which he did, duly Licencing the Place in the Archdeacon's Court at Norwich, and duly Qualifying himself according to Law.
From whence the Author of these Sheets humbly observes, and recommends it to the Consideration of the Clergy of the Church of England, Whether such unjust and cruel Treatment of their Fellow-Christians, Neighbours and Brethren, is the Way to confirm the People in their Adherence to the Church of England; or whether they do not rather Wound the Church, drive their Parishioners from her, fill them with Prejudices, and encrease the Number of the Dissenters in this Nation.
Mr. Gill being thus settled among his old People, and knowing that he was to appear at the Quarter Sessions, where he had good reason to expect all the foul Usage his Enemies wer capable of, and where he saw their Power was but too great, was advised to remove it by Certiorari to the Queens-bench; which he did accordingly, the Certiorari being allow'd in Court, and the Fees of it paid by Mr. Gill.
But Mr. James, and Mr. Lateward the Curate hearing of this Certiorari, they, or one of them, went to Cambridge at the Assize; and applying themselves to my Lord Chief Justice Holt by the means of Dr. Cook and Dr. James, they procur'd a Habeas Corpus to remove Mr. Gill to Norwich Jayl, pretending they could prove Matter of Fact against him there.
Accordingly he was Committed to Norwich Jayl for Felony, Forgery, Trespass, Contempt, and other high Crimes and Misdemeanours.
Here the said Mr. Gill lay till the Assizes; and still his Enemies being able to bring nothing against him, he mov'd, by his Conncil, to be Discharg'd, and was Discharg'd accordingly, by Order of the Court; which Order is there to be seen upon Record.
Here he was credibly inform'd Mr. James and Mr. Lateward striving by some other Machinations and Conspiracies to have continued Mr. Gill in Jayl to the next Assizes, receiv'd a severe Reprimand from the Lord Bishop of Norwich for their unjust and inhumane Treatment of Mr. Gill; and that his Lordship threatned them with Suspension upon that account.
Also that Mr. Clark, the Register of the Spiritual Court at Norwich, being enquir'd of concerning his Name being put into the Advertisement in the Gazette, as, that he would give a Reward for the Apprehending Mr. Gill; declared it was done without his [Page 15] Privity or Consent, and that it was a meer genuine Forgery; that he knew nothing of it, but that it was as strange and surprizing to find his Name there, as it could be to Mr. Gill to see his there.
Thus being return'd to his People, Mr. James and Mr. Lateward whom henceforward, in Charity to them, I shall conceal under the Title of the Conspirators, theratned him, that if he presumed yet to Preach there, he should be sent to Prison again: But he continuing to do his Duty, it remains to examine how punctual they were to their Words with him.
About the 13th of April 1704, one Thomas Pitchford, Constable of Wilney, serv'd a Warrant on Mr. Gill, under the Hand of Tho. Edwards Esq a Justice of the Peace for the Isle of Ely; the Warrant requiring the said Constable to bring Mr. Gill before him &c. the 20th of the same Month at Wisbich.
The Constable having serv'd his Warrant, took Mr. Gill's Word for his Appearing; but Mr. Lateward, one of the Conspirators, came in a great Passion, and railing at the Constable, told him he must keep Mr. Gill close Prisoner till his Appearnce, for that then he should certainly go to Jayl; and if he went away from him, he the Constable should go to Jayl in his room, and more ill Language to the like effect: however, the Constable still took Mr. Gill's Word for his Appearance.
On the 20th of April, being a Sessions, the said Mr. Gill appear'd, according to his Promise, at Wisbich, where was present 7 or 8 Justices, several Gentlemen, some Clergy men, and the Conspirators.
Mr. L [...] one of the Conspirators, call'd the Constable to bring up Gill his Prisoner: upon which Mr. Gill readily appear'd. The Conspirators immediately told their Tale, and giving Mr. Gill base and scurrilous Language, according to their particular Talent, which abounds that way, they inform'd the Justices that Mr. Gill bred great Disturbances in the Parish by a Conventicle, as Conventicles did all England over. Which, by the way, might be the only Truth they spoke: for it seems by these very Words he bred no more Disturbance with his Conventicle than other Ministers did with theirs; ergo, they should be all serv'd so. Shortest Way for that.
Mr. Edwards, one of the Justices, taking up the Cause, told Mr. Gill he was inform'd he kept an unlawful Assembly or Conventicle at Upwell, and gave him a great deal of rough and threatning Language.
[Page 16] Mr. Gill, with Calmness and Respect replied, He own'd he kept a Meeting for Religious Worship at Upwell in the County of Norfolk, but, that it was no unlawful Assembly; for the Place was Licensed according to Law, and he had qualified himself as the Law Directs: and therefore hoped he did not deserve to receive such Abuse in that place.
The Justice then Demanded to see the Licence by which the said Mr. Gill held the Meeting; which he producing, both the Conspirators said in open Court it was Forged: and whether the Court believed them or no, is uncertain, or what other reason they had for it will be enquir'd in another place, but they immediately made a Mittimus and Committed Mr. Gill to the Jayl in Wisbich—for Forging a Licence, and Preaching in a Conventicle. And taking the Licence from him, they refus'd to restore it him.
They demanded indeed Bail, but gave him no leave to find it, refusing to let him stir out of the place: But Mr. Gill may, without Detriment to his Cause allow all their Pretensions of Bail for his Behaviour, since the Treatment he had received from them was such, as he might be sure whoever he had brought to be his Bail should be brought into equal Trouble; and for that Reason he resolv'd to embroil none of his Friends.
And being sensible of no Crime for which he ought by the Law to be bound to his Behaviour, he was advis'd not to offer any Bail, and refer it to the Law still to decide whether—it could be justly demanded.
The Wisdom as well as Justice of these Magistrates is very remarkable also here, that they should know no better than to Commit a Man in the Isle of Ely for a Fact pretended to be committed in the County of Norfolk; all which will help to their Consolation when they shall come to answer for it before a Court and Judges that understand the Law.
And as I undertook at first to prove every thing as I went along, the following Affidavit is an undoubted Testimony of the Truth of this last part of the Tragedy; viz. of the Conspirators charging him with Forgery, which they could not pretend to prove, and their treating him with base scurrilous Language, tho' all of them are pleas'd to deny it upon Oath.
Mr. Cole's Affidavit.
JOseph Cole of Upwell, in the County of Norfolk, Gent, maketh Oath, That Abraham Gill of Welney in the Isle of [Page 17] Ely and County of Cambridge, is a Preacher to a Congregation of her Majesty's Protestant Dissenting Subjects in Upwell aforesaid, having been a Preacher in the said Parish of Welney for several Years last past, and that he is now, and hath all the time, been well approved of his Congregation. And this Deponent farther saith, That on or about the 20th day of April last past, he saw the said Mr. Gill brought before Her Majesty's Justices of the Peace at Wisbich in the said Isle of Ely, by vertue of a Warrant to answer the Complaint of Mr. Hugh James Rector of Upwell aforesaid; and that at that time there was one Mr. Lateward, Curate to the said Mr. James, and Mr. James in presence; and that the said Mr. Lateward commanded the Constable (who then had the said Mr. Gill in Custody) to bring up Gill his Prisoner, which the Constable did; when and where Mr. James and Mr. Lateward alledged, That the said Mr. Gill kept an unlawful Conventicle. And Mr. Gill, to justifie the keeping of a lawful Meeting for Worship of God, produced his Licence; whereupon the said Mr. James and Mr. Lateward affirmed, That the said Mr. Gill had forged the Licence, and they gave the said Mr. Gill very base, unbecoming, and scurrilous Language, which Mr. Gill, to my Knowledge, did not deserve, nor did it become them to utter; and afterwards, upon this way of Complaint, Mr. Gill was committed to the Jayt in Wisbich aforesaid. And this Deponent verily believes, That the said Mr. James and Mr. Lateward have maliciously designed to ruin and undo the said Mr. Gill and his Family, consisting of a Wife and four small Children; for they have, by several barbarous ways of Prosecution, utterly reduced the said Mr. Gill and his Family to Poverty. And this Deponent verily believes, that the said Mr. Gill never gave either Mr. James or Mr. Lateward any cause of Offence, nor did they, or ever could they, prove any cause of their malicious Prosecution. But this Deponent verily believes, that the cause of this Malice of Mr. James and Mr. Lateward against Mr. Gill, was because Mr. Gill Preached twice every Lord's-day, and they but once; and Mr. Gill was more diligent in his Ministry, and more charitable to the Poor, and better approved of in his Place than they the said Mr. James and Mr. Lateward are. And this Deponent farther saith, That Mr. Gill hath been a Freeholder in the said Parish for several Years till [Page 18] about the 29th of September 1702, and that James Holms of Welney (since deceased) held in Farm under Mr. Gill for several Years, a parcel of Land of Mr. Gill's Freehold of the yearly Rent of 4 l. 10 s. or thereabouts; and that Mr. Gill had other Lands besides, and lived in good Fame and Plenty amongst his Neighbours; and he the said Mr. Gill is greatly beloved in the whole Parish by all but a few that dare not displease the said Mr. James and Mr. Lateward.
In this Condition Mr. Gill remain'd a close Prisoner without Bail till the General Quarter-Sessions, which was about five Days; when, he expected to be call'd and lawfully charg'd with some matter of Misdemeanour, or else to be discharg'd.
But now the Plot was ripe for Execution, and at the Quarter-Sessions he was omitted, and never call'd at all.
The Assizes follow'd in two Days more, viz. April 26. 1704. when he design'd to move for his Discharge, not doubting but he should find Justice there, as he had before at Norwich.
But the Design was calculated to disappoint him here too, and now the black Scene opened; for on the said 26th of April, being the first Day of the Assizes, the Conspirators had procur'd two Justices, in Concert with themselves, to come to Wisbich, tho' above 20 Miles out of their own Division.
The Names of these worthy Gentlemen are, (for they deserve to be recorded) David Rowland Esq and Francis Fern Esq and Clerk; for this Gentleman is both Clergyman and Magistrate, of whom we shall say no more, till Justice thinks fit to take Cognisance of them, and treat them as they deserve.
These Gentlemen, who now made up the number of the Conspirators to be four, brought with them one Captain Marshal, an Officer in Colonel Lutteril's Regiment of Marines, in order to Impress, List, and Carry away this innocent Man as a Souldier, by Virtue of the Law for Listing Vagabonds.
There were several Officers in the Town who wou'd have been very willing to have rais'd Men, and who stay'd there for that purpose; but the Country had rung too loud of the Injury done this poor Man, so that no Officer that knew the Circumstance, could be imagin'd Villain enough to confederate; but this Gentleman having the Word of a Justice of Peace, and a Man of God made a Magistrate, might the more easily be imposed upon.
[Page 19] Upon the Arrival of these Gentlemen, Mr. Gill was sent for out of Prison to the Sign of the Bell in Wisbich. All the Conspirators being present, the Church Justice began with him in base and villainous Language, as unbecoming his Commission as his Gown, calling him Disturber of the Country, and Sawcy Fellow for answering for himself; told him he was a Drunkard, a Swearer, and a great deal to the same purpose; that he rais'd a Conventicle in Mr. James's Parish, Impair'd the Congregation at the Church, which was a thing of bad Consequence, and ought to be supprest; and that he was not fit to live in the Country, but to Serve Her Majesty, and that therefore he should go for a Souldier.
This Justice Fern, being justly asham'd of this Treatment, is pleas'd upon his Oath to deny giving any ill Language: and therefore, to make out that Particular as we go, take the following Affidavit of an honest Inhabitant of Upwell, who heard it.
Cornelius Neale's Affidavit.
COrnelius Neale of Upwell, in the Isle of Ely, and County of Cambridge, Carpenter, maketh Oath, That he, at the time of Abraham Gill's being Imprest for a Soldier, to wit, on or about the 25th day of April, A. D. 1704, did see the said Abraham Gill in Custody in a Room at the Sign of the Bell at Wisbich, where was John Bellamy Esq and Francis Ferne, Clerk, Justice of Peace for the said Isle, and another Gentleman, who, as this Deponent was informed, was David Rowland Esq another Justice of Peace for the said Isle, who, after some base, scurrilous, and hasty Words by them given to the said Abraham Gill, then right or wrong ordered that he should go into Her Majesty's Service for a Souldier; and then caused the Officer to tender him Listing-money; after which, they ordered the said Officer to read the Articles of War to him: and this Deponent did see the said Abraham Gill some time after with the rest of the Imprest Men.
There was present another Justice of the Peace, one John Bellamy Esq who at first vigorously oppos'd these Gentlemen; told them he found Mr. Gill had a Licence, and he verily believ'd it was a good one; that if he (Mr. Gill) was guilty of any Crimes, he ought to be Tryed for them; and, that now was a good time to do [Page 20] it in, the Judges being in Town, and the Assizes begun, and advis'd them to consider if their Authority extended to Pressing him for a Souldier.
This wholsome Advice (which they may have leisure to repent they did not accept of) they over-rul'd: They flew into some Heat at Mr. Bellamy's arguing for him, and told him, tho' they were not in their own Division, yet they were Justices there as well as he, and expected that they had a Power to act all over the Isle; and if they had any Power they would try it, for the said Gill should be Imprest, and sent for a Souldier, and they would answer it—At which Mr. Bellamy was over-ruled, and joyn'd with them.
Mr. Gill told them, That besides his Profession, which he suppos'd exempted him from such an Insult as that, he had two Qualifications expresly excepted in the Act, and which legally forbid them what they now purpos'd to do—First, That he was a Freeholder of England; and Secondly, That he was a Freeman of a Corporation; both which were expresly nam'd in the Act of Parliament, as Qualifications excepted.
Justice Bellamy urg'd again, That these were material Objections, and ask'd him, Where he was a Freeholder, and for How much? He told them he was a Freeholder to the Value of 10 l. per Ann. Land of Inheritance in the County of Lancaster, where he was born, and a Freeman of the Corporation of Wigan.
Mr. Bellamy urg'd again, that he should be remanded to Prison till they could send to the Place to be inform'd—. But the Plot was otherwise laid, and they resolv'd he should go; so they call'd Captain Marshal, and order'd him to give him 20 S. which Mr. Gill refus'd: then they order'd his Name to be entred in a Certificate for Imprest Men, and the Justices Sign'd it, and Delivered him over to the Capt. and Mr. Fern in particular call'd to the Souldiers, and bid them tear his Band off, and take him along with them, and use him Severely, (in so many Words.) Which Command the Souldiers took care to execute; for they carried him into a large Room crowded with Prest Men, where he had nothing but Straw to lie on. And in this Posture and Place he remain'd, sitting up in his Cloaths and Boots for six or seven days, and then was oblig'd to march on foot in his Boots, Riding-Coat, &C. to Downham 12 Miles, and from thence to Ely 16, and thence to Cambridge 10 or 12.
For the Proof of this Matter, and how cunningly and industriously these Men acted, some to get out of the Room, and avoid signing the Certificate of his Impressing, and others to sink and [Page 21] conceal the Certificate it self, in order to smother an Action they were justly asham'd of, the following Affidavits are necessary to be examin'd.
CApt. Henry Marshal, of Col. Alexander Lutterel's Regiment of Marines, maketh Oath, That in pursuance of a late Act of Parliament, John Browne, Thomas Gibson, and Abraham Gill, on the twenty sixth day of April last past, were brought before Mr. Rowland, Mr. Pearson, Mr. Bellamy, and Mr. Fern, four of Her Majesty's Justices of the Peace for the Isle of Ely, in the County of Cambridge, who thought them, the said Browne, Gibson, and Gill, to be proper Persons to serve as Soldiers under Her Majesty Queen Ann: Thereupon (as the said Act directs) a Tender was made by this Deponent to them, the said Browne, Gibson, and Gill, of twenty Shillings each, in the Presence of the aforesaid Justices, which the former accepted, and the last refused: And this Deponent farther saith, That the Certificate for the said three Soldiers, was lodged in the Hands of one of the Clerks, belonging to one of the aforesaid Justices, in order to be registred, but is since lost or mislaid. And the said Clerk, in whose Hands it was so lodged, alledgeth, That he left it with the said Mr. Bellamy, who owned to this Deponent that he had a Copy of the said Certificate, but deny'd that he had the Original.
This Affidavit charging some of the Clerks the Certificate, we shall trace it thither; and first Justice Bellamy owns he had a Copy, but denies that he had the Original.
In the next place, the Clerk to Justice Colvill swears, That in his Presence all the Justices agreed Mr. Gill should be listed, and that he should be delivered to Capt. Marshal; and ordered him to draw up the Certificate. which he did, but did not see it sign'd: the Copy of which is as below,
JOHN Rawlett of Thorney, in the Isle of Ely, and County of Cambridge, Clerk to Ralph Peirson, Esq one of Her Majesty's Justices of the Peace for the- said Isle, maketh Oath, That at a Meeting of several Justices of the Peace for the said Isle, and in particular of this Deponent's Master, Josiah Colvill, [Page 22] David Rowland, Esquires, Francis Fern, Clerk, and John Bellamy, Esquires; on or about the seven and twentieth Day of April last, it was agreed by the said Justices, That Abraham Gill of Welneth, in the said Isle of Ely, who was then examined before the said Justices, should be lifted for a Soldier, as being a Person (according to their Opinion) liable thereto, according to the late Act of Parliament for raising Recruits for the Land Forces and Marines; and that the said Gill should be delivered accordingly to Capt. Henry Marshal, of the Honourable Col. Lutterel's Regiment of Marines, who was then present, and tend'red the said Abraham Gill twenty Shillings for Listing Money, in this Deponent's Presence: And this Deponent saith, That the said Justices ordered this Deponent to draw up a Certificate of the same, according to the Directions of the said Act of Parliament: The Articles of War against Mutiny and Desertion being also then read by the said Capt. Marshal to the said Abraham Gill. And this Deponent did accordingly draw up a Certificate; as also of the listing of Thomas Gibson, and John Browne, both of Well, in the same Isle; which at the Desire of the said Capt. Marshal was not sealed that Night, because he expected more Soldiers, and designed to put them all into one and the same Certificate the Day following. And this Deponent saith, that the Paper hereunto annexed is the Draught of the said Certificate; but this Deponent going away in the Morning following is not acquainted with what was farther done on the Premises, only that he left a Copy of the said Certificate behind him with the said Mr. Bellamy.
IN Pursuance of an Act of Parliament made in the Second and Third Year of the Reign of our Sovereign Lady Anne, by the Grace of God, of England, Scotland, France, and Ireland, Queen, Defender of the Faith, &c. for raising Recruits of the Land Forces, Marines, &c.
We, whose Hands and Seals are hereto set, three of Her Majesty's Justices of the Peace for the said Isle, do hereby certify, That the following Persons we listed according to the said Act by Captain Henry Marshal, in the Honourable Colonel Lutterel's Regiment of Marines; who did make Tender of twenty Shillings to the Persons hereafter mentioned, which they accepted [Page 23] of; and that the said Captain did read the Articles of War against Mutiny and Dissertion to them in our Presence.
- Tho. Gibson of Well in the said Isle.
- John Brown de eadem.
- Abraham Gill late de eadem.
To return to Mr. Gill. The Fateagne of this violent March reduc'd him to a very miserable Condition; his Feet and Legs gall'd and swell'd with his Boots, and his Blood, as may be supposed, surfeited and heated with unusual Force beyond his Strength.
Thus you have the History of his Delivery over to the Soldiers; with whom, and in the Condition as above, he came to Cambridge; where he was arrested for Debt, and so by one Misfortune delivered from another.
They used some Attempts to clear him from this Arrest; but the Debt appearing to be real, and too much for them to discharge, being 27 l. 9 s. 6 d. they were forc'd to leave him in the Tollbooth Prison at Cambridge.
The Conspirators, who concluded their Work was done, and Mr. Gill carried clear off, were under no small Disappointment when they heard he was gotten out of their Hands: and tho' they could not but know where he was, yet, in pursuit of their old Design, they issued Hue and Cry to apprehend him as a Deserter from the Queen's Service, and Mr. Fern the Church-Justice sign'd the Hue and Cry. This failing, they issued a special private Warrant to Constables at Upwell, Wilney, and Maney, to make search for him, and still the reverend Mr. Fern's Hand was to this also, as by the Warrant now secured and remaining with the Constables of Wilney will appear.
It was now high time for Mr. Gill to take Sanctuary in the Law; and going to Counsel in the Case, he was advised to move in the Queen's Bench for a Habeas Corpus, to discharge him from enrolling or listing in the Army: which he did, and obtain'd it accordingly; and also a Rule of Court for all the Conspirators to show Cause, &c.
And now these Gentlemen having run their Length, the Tables were turn'd, and the Time began to come when they must render an Acount to her Majesty and the Law for all this Oppression of her Subjects, Contempt of her Authority, and Abuse of the Power put into their Hands by the Laws.
[Page 24] The Conspirators appear'd at the Queen's Bench Court in Westminster, and mov'd for Time, and several Motions being made alternately, in order to bring in Affidavits; at last they found themselves so press'd by the Course of the Law, that they were obliged to have Recourse to their old stock of Villany they had work'd upon before, and form'd a second Conspiracy to bring Mr. Gill into Contempt of the Court; the detecting whereof will conclude this part of our History: and the future Rewards Justice will bestow upon them for these things, are reserv'd to their proper Season; and may serve for a Second Part of this Account.
After seven Weeks Imprisonment at Cambridge, Mr. Gill having made up matters with his Creditor was releas'd, and went home to his Family at Welney, showing himself publickly, and Preaching every Week to his Congregation as usual; for now the Conspirators saw he was out of their power, and whatever they did they must expect to account for.
At last they mov'd the Court that Mr. Gill might appear in Person to accuse them, which was granted, and appointed to be on the 4th of July last.
Mr. Gill's Attorney sent him Notice of this Order, and he immediately went for London; and setting out on the 3d of July, in order to his appearing in the Court, with one Mr. Tokelove in his Company, he was arrested on the Road about 6 Miles from his own House, by one Betts a Bailiff, in an Island Warrant, at the Suit of one John Smith of Downham.
Betts the Bailiff holding him to Bail, carry'd Mr. Gill to Maypole, a little Village, 10 Miles from his own House, Mr. Gill being exceedingly surpriz'd at this Arrest, knowing the Consequence of his Disappointment, perswaded the Bayliff to go back with him, 5 Miles to Maney, where he got some Friends to be his Bail.
This ended the Trifle of the Arrest; but the Conspirators End was answered by it; for by that time Bail was given it was Afternoon, and there was no possibility of Mr. Gill's being in Court at the time appointed, which was the next Morning, being not able to ride all night, nor to ride so hard as to reach to London time enough, (sending Mr. Tokelove, who was then with him, forward to Cambridge, to make Oath of what had pass'd, which he did accordingly, as will appear by his Affidavit) being above 60 Miles, so he went back to his own House.
The Court resented his Default, and the Conspirators took Care to have it improv'd to his Disadvantage: But before we come to relate the Consequences of the Contempt in Court, 'tis proper to [Page 25] examine the Contrivances of this Arrest, and some subsequent Management of the Conspirators.
When Betts the Bayliff first arrested Mr. Gill, he told him, That this was a Choak Pare for him, and was procur'd by Mr. Lateward, one of the Conspirators, to prevent his appearing at London.
This was spoken in the hearing of Mr. Tokelove, who was then with Mr. Gill, as appears by the following Affidavit.
RIchard Tokelove, of Upwell, in the County of Norfolk, Yeoman, maketh Oath, That he, this Deponent, came to Mr. Abraham Gill's House at Wellney, in the Isle of Ely, and County of Cambridge, on the third Day of July, Ann. Dom. One Thousand Seven Hundred and Four, very early that Morning, and found him at home; and that the said Mr. Gill, nor this Deponent, did not that Day Morning see nor speak with John Betts the Bayliff, till he overtook and arrested the said Mr. Gill on the Bank Road, six Miles from home, or thereabonts, he this Deponent, and the said Mr. Gill being going for London: And this Deponent doth farther say, That the said John Betts did then declare, That the said Mr. Gill was arrested by the Procurement of one Mr. Lateward, intending for to stay his Journey from attending the Court.
Betts the Officer, a Man capable of being moulded for the purpose of the Conspirators, not remembring what he had said at the time of the Arrest, chang'd his Note quickly after.
For the Conspirators finding the Plot had taken Effect, and that they had effectually prevented Mr. Gill from appearing at the Court; the next Step was to make the World believe this was a Contrivance of his own, and so throw their own Villany upon Mr. Gill.
Accordingly they report, That Mr. Gill had caused himself to be arrested, in order to get an excuse for his not going to London, not daring to appear at the Queen's Bench Bar.
And now that their Engine may appear as black as themselves, this Mr. Betts the Bayliff is made to swear.
- 1. That he Betts had a Letter from Mr. Smith the Plaintiff at Downham, to him with Orders to arrest Mr. Gill; and that this Letter was of Mr. Gill's own writing, but sign'd by Mr. Smith.
- 2. He swears, That he received two several Letters from Mr. Gill, directed to himself, desiring him to arrest him that Monday [Page 26] Morning that he was to go to London, in order to stop his Journey.
- 3. He swears, Mr. Gill call'd him up that Morning, in order to be arrested by him; and that he brought him a blank Warrant, &c.
Tho' this Comi-Tragedy will be best related after this Wretch has been brought to Justice, with his Procurers, the Conspirators; yet to finish this Relation, 'tis necessary to acquaint the World how this hard-mouth'd Swearer is confronted.
Mr. Tokelove swears as before, That he Betts voluntarily declared at the time of the Arrest, That it was procur'd by Mr. Lateward; but this, 'tis supposed, was before he was made privy to the Conspiracy; and being afterward let into the Secret, forgetting what he had said, confirm'd the World in his own known Character; and verify'd the Truth of that old Saying, Opportet Mendacem esse Memoriam.
2. Mr. Smith of Downham the Plaintiff owns, He gave leave to Mr. Lateward to order Mr. Gill to be arrested; but swears, He was desir'd so to do by an importunate Letter from Mr. Lateward as per his Affidavit appears, and being threatn'd in Case of Refusal.
JOHN Smith of Downham, in the County of Norfolk, Yeoman, maketh Oath, That he this Deponent received a Letter by a Messenger from Mr. Lateward, Curate-at Welney; to the best of this Deponent's Remembrance the Letter bares Date about the latter end of June last: The Purport and Meaning of the Letter was to desire, and indeed strongly to urge, him this Deponent to give the said Mr. Lateward Orders to arrest Mr. Abraham Gill, Minister to a Dissenting Congregation at Upwell; and the Letter urged, That Mr. Gill must be arrested Monday Morning next after the Date thereof, by one or two a Clock in the Morning, to prevent Mr. Gill's attending at London, at a Hearing between Mr. Hugh James, Rector of Upwell, and Mr. Gill, and then Mr. James could have an Advantage against Mr. Gill: The Letter promised, That his this Deponent's Kindness should be well gratify'd if this Deponent answered the Request, else Mr. Lateward and his Interest would take it unkindly, and this Deponent should loose their Respect; upon which this Deponent gave order in writing by Mr. Lateward's Messenger to arrest Mr. Gill, and use their Pleasure according to Law; and this Deponent is well satisfied they did order Mr. Gill to be arrested, and kept in Custody about ten Miles from [Page 27] home, in his Journey towards London. And this Deponent is credibly informed, That the Bayliff, one Betts, hath been often feasted, and well fed by Mr. Lateward; and hath constantly kept Mr. Lateward Company, and rode about with him ever since. And this Deponent farther saith, That he saw Mr. Gill upon the six and twentieth of this instant October, who is very sick, and hath been so for a long time, and is very weak, unfit for going abroad, and liker for Death than Life.
3. Mr. Tokelove swears, He was with Mr. Gill early in the Morning the same Day he was arrested, and found him at Home, and never parted with him till he was arrested; and that therefore it was impossible he should call at Bett's House, as Betts swears he did, to have him arrest him: And because Mr. Tokelove's Affidavit is very full, and a Confirmation of several things already advanced here, we refer to the Copy of it duly attested, as follows.
RIchard Tokelove of Upwell, in the County of Norfolk, Yeoman, maketh Oath, That Mr. Abraham Gill of Welney, in the Isle of Ely, and County of Cambridge, did never serve at Welney Chappel as Curate to Dr. Gragge, or to any one else, to his this Deponent's Knowledge; but was a Preacher elected and chose by the Congregation and Feoffees, in a time when the Chappel was vacant; and this Deponent's Opinion is, That it was in the said Feoffees and Congregation's Power to elect their Minister. And this Deponent farther saith, That the said Mr. Gill was a Freeholder for several Years in Welney, and lived in good Fame and Plenty all the time of two pious and sober Rectors of the said Parish; and was well approved of both for Doctrine, Charity, and Behaviour. And this Deponent farther saith, That since Mr. James and Mr. Lateward have been so malicious against Mr. Gill, he is elected and chosen a Preacher to a Dissenting Congregation of Protestants in Upwell aforesaid; and is able in Doctrine religious, and of sober Life and Conversation, and highly approved of with his Congregation, and most of his Neighbours, and with most his Acquaintance; but Mr. James our present Rector at Upwell, and Mr. Lateward his Curate (as this Deponent very believes) envying the said Mr. Gill, and maliciously designing to ruin him and his Family [Page 28] hath scandalously, maliciously, and without Cause, spread abroad evil, unjust, and undeserving Characters of the said Mr. Gill, which, by Strangers and Persons remote and Ill-wishers to the Dissenting Party, may perhaps be believed as coming from such Authors; and this Deponent farther saith, That it is his Opinion that by insinuating Speeches and Threatnings the said Mr. James and Mr. Lateward have caused the Clerk, one Thomas Fewlis (who is a loose, idle, and wicked Person) to swear contrary to his Knowledge, and to the Truth, and that only for fear of losing his Clerk's Place and their Favour; and this Deponent the rather believes this, because he hath heard the said Fewlis commend the said Mr. Gill, and set forth a quite contrary-Character of him. And this Deponent farther saith, That the said Mr. James and Mr. Lateward have given Mr. Gill very unjust Prosecution which hath reduc'd him to Poverty, Mr. Gill having been imprisoned at their Complaint in several Goals, (viz.) at Cambridge, in March 1702, and Aprill, May, June, and July 1704, and removed to Norwich Goal, and kept Prisoner all the Assize Week, till discharged the last Day according to Law; and believes that he was entered in the Goaler's Calender July 1703: And after their Threatning to imprison him again if he presumed to serve and preach to our Congregation any more, they have this last April persecuted and imprisoned the said Mr. Gill, and (without shewing Cause of the Imprisonment, or giving any Prosecution at Sessions or Assizes, which was at the same time of his Imprisonment at Wisbech) they caused him to be Imprest out of Goal for a Soldier, without Liberty to make any Defence, when at the same time he was our Minister, and well approved of, and highly beloved, having (as he may have still) a very plentiful Allowance for his Maintenance, that way of Preaching (as this Deponent doth apprehend) being a lawful Employment for a Maintenance; and his Congregation is large, consisting of Gentlemen, and very substantial Freeholders, as well as Farmers: So that by the way of Prosecution, not only Mr. Gill, but also this Deponent, and all the said Congregntion are Sufferers; and in truth Mr. James did not only threaten and prosecute Mr. Gill, and procured him sent to Goal, and imprest for a Soldier, as aforesaid, but positively sent to the Meeting-place (though qualified according to Law) and threatned some of the Congregation, and especicially [Page 29] him this Deponent; and apprehended five several Men by a Warrant from Mr. Upwood, a Justice of the Peace, and carried them like Felons before the said Mr. Upwood; which Persons (although Mr. James is pleased to swear they were idle Persons) yet some were very substantial Freeholders, and the rest substantial Farmers, and very honest Men: And altho' Mr. James and Mr. Lateward pretend no Malice in their Prosecution, yet it is a real Truth they have highly abused both Mr. Gill and his Congregation, and constantly preach railing Sermons, as this Deponent hath heard and believes; and they are reputed very malitious and troublesome Men in the Parish, having excommunicated several Men, and totally ruined one Mr. Whitworth, our School-Master; and in carrying on that malicious Design against him, both Mr. James and his Curate did swear falsly against him at Swaffam Sessions, as one of the Grand Jury hath declared and affirmed; and prosecuted the said Mr. Whitworth, till they banished him the Town, causing him to be imprest for a Soldier, as they did Mr. Gill. And this Deponent saith, That it is credibly affirmed by one John Marriot, that they would have had him to have sworn, That our Minister Mr. Gill was one Mr. Gill a Minister who escaped out of Darby Goal about six Years since, being convict for forging of Holy Orders, and counterfeiting the King's Coin; (altho' Mr. Gill had been in this Country about us nine or ten Years) but the said John Marriot refused to go contrary to his Conscience. And this Deponent farther saith, That Mr. Gill was never reported to be a Swearer or Drunkard, as is alledged in their Affidavits; and he verily believes he was never once seen to be drunk, nor heard to swear one Oath since he came into our Country: And this Deponent is very positive that neither Mr. James nor any that made Affidavits at present against Mr. Gill, have any intimate Acquaintance or personal Knowledge of the said Mr. Gill, excepting Nicholas Scott, Tho. Beart, and Tho. Fewlis; which said Thomas Fewlis is overawed to swear to carry on and vindicate their unjust Prosecution, as this Deponent believes; and this Deponent verily believes he would for a Reward swear twice as much on Mr. Gill's Behalf, if requested. And this Deponent farther saith, That Mr. Gill was coming the Morning towards London, being the third Day of July, about three a Clock in the Morning, and was arrested upon the Road in an Action of Debt at the Suit of one John [Page 30] Smith, and is now in Custody, and held to Bail; and that the Bayliff says, the Plaintiff was urged to arrest Mr. Gill to prevent his attending the Court, that so Mr. James and Mr. Lateward might obtain an Advantage against him: he is in Custody at Maypole, ten Miles from home.
4. Mrs. Gill, Mr. Gill's Wife, swears, That her Husband came home from the Meeting on the Evening before, and did not stir out of his House till about two a Clock Monday Morning, when Mr. Tokelove and he took Horse together to go to London the same Day he was arrested.
Elizabeth Gill's Affidavit.
ELizabeth Gill, the Wife of Abraham Gill, of Welney in the Isle of Ely, and County of Cambridge, maketh Oath, That upon Sunday the second Day of July, A. D. 1704, last past, this Deponent's Husband came home at Evening from his Congregation at Upwell; and after his coming home was never out of his House all that Night, till about one or two of the Clock the next Morning; at which time Richard Tokelove of Upwell came to call him, in order to go on a Journey with him towards London. And this Deponent saith, That her said Husband did not see nor speak with John Betts a Bayliff at that time, nor with any other: And that this Deponent's Husband, and the said Richard Tokelove took Horse together, and went on their Journey, intending for London.
5. Mr. Gill himself who in this Case is Evidence for the Queen swears, That he neither wrote any Letters to Betts, or call'd him up, or ordered him to arrest him, or procur'd any one else to order him, or knew any thing directly or indirectly of this Arrest, till he was surprized by him on the Road.
Mr. Gill's two Affidavits.
ABraham Gill of Welney in the Isle of Ely, in the County of Cambridge, maketh Oath, That he this Deponent hath seen two Letters, one dated the first, and the other the second [Page 31] day of July 1704, sign'd Abra. Gill; and also a Letter dated July the 3d 1704, signed John Smith; as also a Writing purporting to be a Warrant for arresting this Defendant; and which said Letters and Warrant, when this Deponent saw the same, were annexed to the Affidavit of one John Betts, a Bayliff, produced in this Honourable Court. And this Deponent saith, That the said Letters or Warrant, or any or either of them, or any part of any or either of them, or the Name Abra. Gill so signed to the two first of the said Letters is not nor are of this Deponent's own Hand-writing; nor were the said Letters or Warrant, or either of them, or any part of them, or either of them writ by or with the Order, Knowledge, Privity, or Procurement of this Deponent. And this Deponent saith, That he was not in Company with or did see or speak to or with the said John Betts upon the said second Day of July: Nor did this Deponent call upon the said John Betts next Morning, or see him till he overtook and arrested this Deponent, as this Deponent was upon his Journey towards London, to attend this Court. And farther this Depenent saith, That the said Betts upon such Arrest held this Deponent to Bail, and this Deponent and one Thomas Harrison (as this Deponent's Bail) did seal and execute a Bail Bond accordingly, in the Presence of the said Betts, about one of the Clock that Day.
ABraham Gill of Welney, within the Isle of Ely, in the County of Cambridge, maketh Oath, That he was no way directly nor indirectly privy to nor concerned in procuring John Betts to arrest him this Deponent; neither did he this Deponent write any Letter or Letters to order it to be done (as the said Betts in his Affidavit doth falsly depose) but this Deponent was upon the Road coming to London, in Obedience to a Rule made in this Honourable Court to appear in the said Court; and was arrested by the said John Betts, who then affirmed to this Deponent, and one Richard Tokelove (who then was with this Deponent) that the said Arrest was by the Procurement of Mr. John Lateward, on purpose to prevent this Deponent's Journey; or Words to the like Effect. And this Deponent farther maketh Oath, That he hath Freehold Lands in Rivington in Lancashire, of the Yearly Value of eight or ten Pounds; and hath had the same ever since the [Page 32] time of this Deponent's Marriage, being about fifteen or sixteen Years last past.
Now these four Persons must all be forsworn, or else this Fellow has both perjur'd himself, forg'd the Letters, and Mr. Lateward one of the Conspirators was the Procurer and Contriver of this Arrest; and Mr. Gill is very willing to wait the Conclusion the Law will give to this Affair, when the World shall not fail of an impartial Account of the Particulars, and Indictment of Perjury being ordered to be brought against the said Betts for this matter.
To confront this indeed, Mr. Lateward swears to the following Affidavit, full of Negatives, Neithers, and Don't knows, and all for himself too: but that they may not complain of Partiality, his Affidavit must not be omitted, as follows,
JOHN Lateward of Welney, in the Isle of Ely, and County of Cambridge, Clerk, aged twenty five Years and upward, maketh Oath, That he this Deponent never saw knew or had Acquaintance with any such Person as John Smith of Downham in Norfolk, Yeoman; nor did at any time ever write any Letter, or send any Messenger to any such Person as the said John Smith, concerning Mr. Abraham Gill, either about arresting him, or any wise else however; nor did this Deponent ever consent, order, or procure any Person so to do in his this Deponent's Name: Neither did this Deponent ever hear of any such Person as the said Smith, until after the said Gill was arrested, or pretended to be arrested, and at Liberty again: Nor did this Deponent ever order the said Gill to be arrested, nor knew that he was arrested, nor knew Betts the Bayliff which arrested the said Gill, till after such Arrest, if any was made, and the said Gill was again at Liberty. Nor can this Deponent any wise imagine how any Letter should be wrote to the said Smith, or any Messenger sent to him in this Deponent's Name about arresting the said Gill, unless the same was done by the said Gill, or by some other in his Behalf, or by his Procurement; which he this Deponent has good Reason to believe and suspect hath been done, because as the said Betts the Bayliff who arrested the said Gill hath informed this Deponent, and also this Deponent doth believe hath [Page 33] deposed that the said Gill sent him a Note to arrest him the said Gill.
To corroborate this Affidavit, and being we suppose asham'd of what he had done, Mr. L . . . . . . d took some pains to make Mr. Smith of Downham to say back again what he had sworn for Proof of this Matter upon Lateward; which Attempt appears by the Oaths of three credible Persons of Downham, as follows.
GEorge Holt, late of Downham, Gent. William Pincher of the same Town and County Taylor, and Mary Smith the Wife of John Smith of the same Town and County, do severally make Oath, That one who called himself Hugh James Rector of Upwell in the County of Norfolk, but, as we are informed, was Mr. Lateward, came to the said John Smith's House in Downham aforesaid, upon the 13th day of November now last past, and brought along with him one Johnson an Attorney of Her Majesty's Court of Queen's-bench, a Man of Tricks, and an unjust Practitioner; who together did intreat John Smith, the Husband of Mary Smith one of these Deponents, to own and swear that the Affidavit he had made in the Queen's-bench this Term was unjust and untrue: but he affirmed what he had done was just, and that he would stand by it; upon which they urged him to unsay it; and then said it would prove his Ruin if the said John Smith did not revoke the former Affidavit.
- Geo. Holt.
- William Pincher.
- Mary Smith.
And against that part of Mr. Lateward's Oath and Betts's Oath, that it was wrote by Mr. Gill, besides the Affidavit of Mr. Gill already mention'd, we conclude this black Story with the following Affidavit.
THomas Wilson, now of Downham Market in the County of Norfolk, Gent. maketh Oath, That he being at the House of John Smith in Downham aforesaid, saw and read a Letter there that was sent from Mr. John Lateward to urge him to give Orders to Arrest Mr. Gill; and having seen, [Page 34] and well knowing the Hand-writing of Mr. Gill, does verily believe and affirm, that the said Letter was not Mr. Gill's Hand-writing.
Only as the Conspirators have taken a great deal of pains to blacken Mr. Gill, and load him with Crimes, of all which we shall fairly and honourably clear him; we cannot but present the World with two Evidences to the Character of this Knight of the Post, Mr. Betts: and 'tis humbly recommended to the Reverend Mr. James and Mr. Lateward, to clear their worthy Agent of the Charge, lest the World should blame their Understanding for hugging such a Wretch, and caressing a Man of whom they ought to have been ashiam'd to have been seen in his Company.
1. Mr. Martin, Post-master of Epping, where this Betts it seems liv'd till he could stay there no longer, swears, That he (Betts) having given Mr. Martin Possession of some Goods for a just Debt, he broke open the Door in the Night, and carried them away; and that being carried before a Justice, he sav'd himself from being sent to Jayl by restoring the Goods again.
THomas Martin, of Epping in the County of Essex Innholder, maketh Oath, That he this Deponent know John Betts late of Epping aforesaid Innkeeper, but now of Chatteris in the Isle of Ely and County of Cambridge as this Deponent is informed and believes, and saith, that the said John Betts being indebted to this Deponent, this Deponent about six Years since caused him to be Arrested; and thereupon the said Betts, to procure his Liberty, delivered certain Goods into Custody of anoter Person in trust for this Deponent: But the said Betts caused the Door of the Room where such Goods were, to be broke open in the night time, and conveyed the same away, and would not let this Deponent have the same again till this Deponent took him before a Justice of the Peace, who forced the said Betts to re-deliver the said Goods, or else said he would send the said Betts to Jayl.
2. Mr. Earl of Epping swears, Betts is a Person of a scandalous Character, esteemed a Highway-man, so that few of his Neighbours [Page 35] care to be seen in his Company, believing him a Man that cares not what he says or swears.
RIchard Earl, of Epping in the County of Essex, Yeoman, aged sixty Years or thereabouts, maketh Oath, that he knoweth John Betts late of Epping aforesaid, but now of Chatteris in the Isle of Ely and County of Cambridge, a Bailiff, and saith, that the said Betts is a Person of a very bad and scandalous Life and Reputation, and is esteemed no better than a Highway-man, insomuch that few of his Neighbours care to keep him Company; and this Deponent verily believes he cares not what he either saith or swears. And this Deponent farther saith, That the said Betts, when he lived at Epping, caused a Room, wherein he had put certain Goods in trust for one Mr. Martin a Creditor of the said Betts, to be broke open in the Night-time, and was taken before Justice Wroth on that account, who forced the said Betts to deliver back the said Goods, or said he would send him to Jayl, or used Words to that or the like effect.
All these Affidavits were, in behalf of Mr. Gill, produc'd in Court; and Mr. Gill being examin'd on several Interrogatories upon Oath, and under Recognizance, and having given the Court full Satisfaction, was disharg'd of the Contempt; and the rest of this black Story lies now before the Judges of Her Majesty's Court of Queen's-bench, where Mr. Gill doubts not to have Justice.