197. Proceedings of the Commissioners,* appointed by Oliver Cromwell, for ejecting scandalous and ignorant Ministers. In the Case of WALTER BUSHNELL, Clerk, Vicar of Box, in the County of Wilts: 8 CHARLES II. A. D. 1656.

THIS Narrative was published by Bushnell presently after the Restoration with the following Preface, and a Dedication to sir Anthony Ashlie-Cooper and John Earnly, esq. knights of the shire for Wilts; dated July 4, 1660.

To the Readers.

ficial one: such who were constant, and frequent, and furious in the business, and were these, Mr. Blisset, Mr. Thomas Bayly, Mr. Hunt of Marlborough, and of the mimisters, Dr. Chambers, Mr. Byfield, and опе of Marlborough, I think they call him Mr. Hughes. Understand me to mean Whom I shall precaution in some few things. these especially; when you meet with any As 1, When they meet with the word Com-hard words uttered against the Commissioners, missioners, they are not to understand me, as I say especially; for although some others intending thereby all those gentlemen whose acted to my prejudice, yet because they never names were put into the Ordinance; as charg-appeared but once, and then, as it was coning them with those unworthy and unjust projectured, upon the solicitation of these men, ceedings. Many w hereof, (as to my business,) according to whose influences they acted, Í never acted: yea further I desire them to know; shall for the present, only point to them in the that some of those who sometime acted, margin." I do hereby acknowledge and report for gentlemen of much civility and moderation. But the Commissioners and ministers which I here speak of, are those that made ejecting of ministers a kind of a trade: And questionless to themselves it was a very bene-lating that Ordinance by which they sat, and

And these respective persons I shall charge, and make good this charge upon them. 1. The Ministers that they were ever meddling with that, which they had nothing to do with al. And 2. The Commissioners for often vio

according to which they were to act, and that The Wiltshire Commissioners summoned in many particulars. As in admitting and Mr. Walter Bushnel, Vicar of Box, near Malins- countenancing such to swear, (if they appeared bury, before them, to answer to a charge of against me) which their Ordinance excepted drunkenness, prophanation of the Sabbath, against. In excluding such witnesses, if apgaming, and disaffection to the government;pearing for me, yea, after they had been sworn, and after a full hearing, and proof upon oath, which by their Ordinance they were to admit they ejected him. The Vicar prepared for the of; and at last making a peremptory order, press a Narrative of the Proceedings of the Com-that such as would might appear against me, missioners appointed by O.Cromwell for ejecting but no more in my behalf. I charge them Scandalous and Ignorant Ministers, in the case again for endeavouring to suppress many inof Walter Bushnel, &c. but it was not printed formations which were taken upon oath, and till the King's Restoration; and even then the discountenancing, interrupting, and thwarting Commissioners did themselves justice in a with many witnesses, who would have deposed reply, which they called, A Vindication of the to the infamy of their witnesses. And their Marlborough Commissioners, by the Commis- clerk, Mr. Blisset's son, I charge for entering sissers themselves. And Dr. Chambers, who many depositions by halves: for confounding was reproached by the said Bushnel, did hin- the order in which they were taken; for self justice in a distinct vindication. However, shuffling up two depositions into one; for the Vicar was restored to his vicarage in a leaving out very material clauses, which might lump, with the rest at the Restoration. have been to my behoof; for endeavouring to insert such words which the deponent never spoke, which might have been to my prejudice; for leaving out in his copy delivered to me, a whole, yea a very material deposition, notwithstanding he had formally taken it, together with the subscription of the deponent and I charge them all, Commissioners, Ministers, Clerk, for countenancing and encouraging infamous persons, such who had forsworn themselves, and touching some of themselves, in their hearing. Such as appeared out of malice by their own confession, and were proved guilty of suborning, and of being suborned, to

"Upon the whole, the industrious Dr. Walker says, he can find no footsteps of the numbers of clergy that were ejected by the Commissioners, though he imagines they might be considerable. But I am well satisfied, there were none of any character; for there were not a great many zealous loyalists in possession of livings at this time; and those that were, had the wisdom to be silent about public affairs, while they saw the eyes of the government were upon them in every corner of the land. The Commissioners continued to act for some time after the Protector's death, and were a greater terror to the Fanatics, than to the regular clergy of any denomination." 4 Neal's Hist, of the Puritans, p. 103.

Mr. Ludloe of Claringdon. James Hely of Sarum,

up their Memorandums as they quote Texts and Authors to the quite contrary of their iatents.

this dividend as well as in the service: Neither can I think that Mr. Sterne would have beknaved him (ask William Blisset the younger, and Tho. Cox how) as he did some others, if Sect. 5. But to return to John Travers, the John Travers had travelled and swore for him reason which (beside common report which upon his own Charges. And for some such rendereth him such a man) moves me to think kind of man was he looked upon by Mr. Cham-in this particular that some feeling would have bers himself, when he first delivered in these Articles against me; who (as he hath reported) called for the Articles with a purpose to have torn them, because they were exhibited by such a hand.

stopped John Travers's mouth, is this: Sometinies before he delivered in these Articles to the Commissioners, he did several times, and at several houses, Alehouses and others, speak of them, yea and read them to several Companies, which I believe he therefore did, that the report thereof might come to my ears: and that that report might alarm me to make in, and to take some timely course that this storm might be diverted: But now I considering, that he who goes about privately to practise with an Informer, doth first on the matter confess himself Guilty: Next, that he doth reward him for one crime, and thereby encourage him to comit another: I considering again, that such sort of fellows will be no longer quiet than they are fed, and that they have (as strong stomachs, so) quick digestions: Considering again that the crimes which I was charged with, were gross and scandalous, and if true, deserving a greater punishment than Fjectment: Consi dering again that the Commissioners mentioned in the Ordinance were many of them gentlemen of eminent rank, and looked upon as men of discretion and integrity; and considering that the instructions by which these Commissioners were to proceed were such that had they becn duly observed, it was almost impossible that a person not guilty should be prejudiced: For they were to examine witnesses upon oath on the behalf of the person charged, and the proof of the charge was to be made by credible witnesses, (the sequel will shew thee how they observed or kept to their in

Sect. 4. And since I have mentioned the Articles, and the person that delivered them in, and the entertainment which they were like to find from Mr. Chambers because they were deEvered in by such a hand; let me now tell thee what (as he hath reported it) was the cause which made the Doctor forbear tearing of them, and that was because he saw there the names of many whom he knew, and took to be honest men. And here (for au introduction to the honesty and discretion of the Doctor,) I shall | observe this unto thee, that (as I have been told he observed it, that although there were several names subscribed, yet they were all written in the same hand, from which it must needs follow, that by the Doctor's confession, the whole writing both Articles and hands might be all forged as indeed they were; so that methinks the Doctor hath very much overshot himself in point of discretion, for he looks upon the Articles the more, because subscribed with such and so many names; and yet, 2. he acknowledgeth all the names to be written with one hand, which would have made any sober man the more to have suspected it. But yet the Doctor had an evasion for this, for at my appearing before them at Caln, some of those whose names were subscribed, desired a sight of the Paper that they might know who had thus abused them, which they could not obstructions) being confident likewise of mine tain: yet the Doctor (that we might not prove his own innocence as to those crimes which were friends guilty of forgery) endeavours to preserve there charged upon me, and persuading myself their reputation with a Salvo to some such pur- that I should find nothing but justice allayed pose, That their names were written only by with equity and candor in my judges, I say, conway of a memorandum, that in case they were sidering these things, I cast myself upon my called upon, they could depose to these Arti- trial. But now how much I was mistaken in cles, that that might be done without their some of these men, how disproportionable their 'knowledge:' I think he added, That it was proceedings were to the Ordinance by which an usual course in the proceedings of these they acted, how little justice I found where I Commissioners.' But now I must tell thee, expected lawful favour, this ensuing discourse that many of them whose names were sub- shall acquaint thee. And indeed calling to scribed to those Articles,.did touching myself mind that abundance of godliness which son e first under their own hands, certify to these of these men pretend unto, making that the Commissioners the quite contrary to these Ar-ymbol to difference themselves from other ticles, and afterward being before them and sworn, were so far from testifying any thing to the sense of the Articles, as that all they said was to my vindication, all which was industriously declined by the Doctor and his Commissioners, for although there were many of them before them, who said much, yet we have not so much as their names in the Depositions. So that this Salvo of the Doctor's, although with him it be but glossa ordinaria, yet is it after the rate of some of such principles who draw

men, and yet observing their actings and proceedings, I cannot but say as Solomon did, Eccl. iii. 16, And moreover I saw under the Sun the place of judgment that wickedness was there, and the place of righteousness that iniquity was there.'

The Transactions at my second time of appear

ing before them at the Antelope in Lavington, April 28, 1656.

Sect. 1. I heard no more of this business

nin from the Commissioners that he seemed thus to hang back (for in such cases forward witnesses, even amongst Heathens, were not so well thought of) and therefore be pretends an unwillingness to that which he most desires; for I am assured, that he would never have gone about so to excuse himself if he had believ ed that such an excuse would have been ac cepted of. Someshat it was which Mr. Biisset then spake unto him, that he had been lately there he approves himself a valiant knight) Sworn before cther Commissioners (yea and which I conceive was spoken either out of wonder, that William Pinchin should now be 50 calin who was lately so fierce, or else by way of invitation to encourage him to go on.

Sect. 3. But this hindrance being removed, Williaca Pinchin goes on in these words:

That about eight years since, when Mr. Bu-hnell came first to Box, he feasted s friends on the Lord's day, and having drankiberally that day there, one Thrift, one of the guests, was killed in the Tower there, but by what means this deponent knoweth not. And saith farther, That he knoweth, that Mr. Bush

quented alehouses in parish business, and have there drank hard in Mr. Speke's and Mr. Long's company; and have seen him sit there drisking after they have been gone, but cannot say that ever he saw him drunk. And saith forther, That Mr. Bushnell have alway baptised infants by the form of the Common Prayer til the last Sabbath day, excepting the sign of the cross.

As I said before, I received not this paper till the 24th of April, (for his pains the soldier required and received 2s. 6d.) And notwithstanding I could then easily have absented myself, and justified my non-appearance, beth because the Monday next after the 31st of March, on which by this warrant I was to appear, was April 7th, and so elapsed more than a fortnight before the paper came to my hands: as likewise because I had not five days warning be-nell have usually till within this two years fre fore band, as the Ordinance enjoins. Yet because the soldier told me that the Monday next mentioned in the warrant did not refer to March 31, on which it was dated, but unto the 24th of April on which he delivered it, and so must be April 28th, as also being unwilling to move a question, whether by five days mentioned in the Ordinance were to be understood five days inclusive, or exclusive, I say I being unwilling to make use of such poor shifts, which might rather render me suspected than any way vindicate me, and desiring nothing more than a fair and speedy hearing, I repair to Lavington accordingly I shall observe this unto thee from the last clause of their warrant, that they command me to bring witnesses for my Defence, when as none had deposed against me, and yet afterward when they had received depositions against me, they rejected whom they pleased of my witnesses, and at last made a peremptory Order, that no more of my witnesses should be admitted, of which more hereafter.

Sect. 4. Where I shall offer to thy consideration, 1. That although William Pinchin, pretends he came unwillingly to swear, yet we see he comes not unprepared. I shall there fore desire the reader to take some notice of this Deposition, which consists of three parts, answerable to the three first Articles exhibited against me.

1. Profanation of the Lord's Day.
2 Frequenting Alehouses.

3. Using the Common Prayer at the Baptis ing of Children.

I shall observe something to the touching all these accordingly as they lie in order.

Sect. 5. And first I shall tell thee that what socver William Pinchin deposeth touching my feasting on the Lord's day, or drinking iberally on that day, or of the death of John Thrift, be bath only upon conjecture, or else upon hear say: For he then upon oath acknowledged before the Commissioners, that he was not that day at Box, but at Broughton, which is four or five miles distant from Bos, and it is like enough he was there at the Revel, that being their Revel day.

Sect. 2. At this time at Lavington there appear as witnesses for the Common-wealth (for that was the name by which they were called) William Pinchin, Peter Webb, Thomas Powell, Mary the wife of Henry Workman, and Jane Hendie widow of Box, and Obadiah Cheltenham of Ditcheridge, who being all sworn, were required to speak their knowledge touching the charge against ine. I must tell thee that William Pinchin (as I take it before he was sworn) desired to be excused in regard of some relation of kindred which was betwixt us two; but this I opposed, knowing it to be a piece of himself; he I knew for a long time had been the prime contriver of all; and that the others 3. He then deposed, that I preached not that who appeared there, were there by his pro-afternoon, impuing it to excessive dunking; curement; and that some of them acted ac- and yet we have not one word of this in the cording to his instructions. I conceived like- copy of the Depositions which we received from wise that this might be to gain the greater opi- their clerk. Whether it were ever taken, or is

near

2. He then deposed likewise that this Lord's day was Mid-Lot Sunday.

taken, whether inder expurgatorius hath dash- | ed it out I will not say.

evidence of a thing which they never knew. In after ages it is reported that they deponed after this sort.

1. They must testify from their own sight. 2. What day of the month such a thing was done.

3. What month of the year such a thing was done.

4. What seventh year of the Jubilec. And sure enough it is, that whatsoever is deposed in such a case, is no testimony but a report, and so as to the testimony and the witness, it is false, although the thing reported were true. Testis falsus est, non is modo qui mendacium dicit, sed qui etiam quod verum est testificatur cujus certam et indubitatem notitiam non habet, id est, testatur quod nec vidit, nec audivit, nec expertus est.' Cartwr. in Pr. 21, 28.-I presume they will not dislike my author. He is a false witness, not only he who tells a lie, but he also who testifies a truth whereof he hath not a certain and undoubted knowledge, that is, if he testify that which he hath neither seen nor heard, nor hath had any experience of; which I speak not in any wise by way of granting that to be true which Wm. Pinchin hath informed in this particular; for I shall manifest it hereafter unto thee, that this report is both false and slanderous, but only to evidence thus much unto thee, that be it true, or be it false, yet William Pinchin could be no competent witness of it, because, by his own confession, he was at the same time at another

Sect. 6. I must not forget to tell thee, that whilst the Clerk was taking William Pinchin's Deposition, Mr. Byfield did often interpose, as if it had belonged to him to teach Wm. Pinchin how to swear, and the Clerk how to enter it. Adding, that if he wrote so, or so, it would not amount to a Charge, for that the latter part of it would contradict the former, or words to such a purpose: (No Deposition pleased him but such as had poison in it.) And here I must tell the reader, that this Mr. Byfield seemed wholly to have forgotten both the place and the purpose, for which his name was put into the Ordinance, for by that it is clear that neither Mr. Byfield, nor any other minister, hath any thing to do but only to assist the Commissioners, in their adjudging who shall be accounted ignorant and insufficient; whereas it is well known, that Mr. Byfield intermeddled in the matter of scandal more than all the Commissioners beside. I appeared nine times before them, where Mr. Byfield ever made one; and, when the pipe was out of his mouth, his tongue was seldom silent: but either dictating to the Clerk; encouraging some Witnesses, thwarting with, and threatening and turning back others; thrusting some out of doors, that they might not hear how things past charging the Clerk that he should give no Copies of the Depositions, making Orders which were for his purpose, reversing others which were not; reading and explaining Acts and Ordinances; conceal-place about four or five miles off. It hath been ing some other which were not for his purpose, instructing and catechising some of his Commissioners: Of all which thou shalt have particular instances in the sequel. But now in the business which was properly his Examination, my man was as mute as a fish, for 1 remember not that he proposed so much as one question unto me. Indeed he hath not been so favourable in that particular to every body: For he hath, as I have been told, pressed a neighbour' of mine with a question very earnestly and closely; and wot you what it was? It was (doubtless with Mr. Byfield a fundamental one) "What was the yearly value of his living ?” and indeed, when Mr. Chambers preaching at Bath, Nov. 11, 1657, on those words, Joh. xiv. 22, made this observation, That Judas Iscariot proposed no question, but about earthly things, as, What will you give me? Might not this have been sold? &c., I could not choose but think of Mr. Byfield.

Sect. 7. But to return to the Deposition, William Pinchin acknowledgeth himself to be absent, and yet he swears as if he had been at Box. I am not so much a lawyer as to know how far forth an oath will extend, or to what it will amount, if a man depose nothing but what he hath received by hear-say. Amongst the people of God heretofore, the matter was not established, but at the mouth of two or three witnesses, Deut. xix. 15; they could not, if absent, send in their testimony under their hands, and then certainly much less could they give

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observed, as a most senseless and imprudent piece of malice in the Chief Priests and Elders, (and indeed malice is always such,) that after consultation they should order it in Sanhedrim, That large money should be given to the soldiers to say, that his disciples came by night, and stole him away while they slept. Matt. xxviii. 11, 12, 13. Si dormierunt quomodo 'furtum viderunt? Si autem non viderunt, quomodo fuerunt testes?' Jansen in Concor.-If they slept, how saw they the theft? and if they saw it not, how could they be witnesses? Proportionably say I, if William Pinchin were then at Broughton, it is impossible that he should see it? And if he saw it not, how could he be a witness? Such conjectural reports or informa tions upon hear-say, I have known to have been rejected by justices of peace, in matter of tithes; and shall such an oath in one case be insufficient to help a man to a shilling, and yet in another case be enough to undo him? And clearly these Commissioners gave me here a taste both of their justice and discretion, as likewise hinted unto me what I was to expect from them, in that they did not only receive such a Deposition as this, from such a man as this; but also set it in the fore-front, and make it the leading Deposition to all the rest.

But now as to some other parts of his Deposition, as to the first Article, William Pinchin swore positively at this time at Lavington, that the day whereon Thrift was killed, was Midlent Sunday, and that I usually kept feasts 2 T