The CASE of Mr. ABRAHAM GILL, &c.
ABraham Gill, the Subject of the enſuing Tragedy, was a Mini⯑ſter of the Church of England; He was born in Rivington in the County of Lancaſter, had his Education partly among the Diſ⯑ſenters, 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 en⯑tred 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 [5] before we proceed, and to tell them, that the very Original Or⯑ders, 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 Tranſ⯑action, at Mr. John Skey's Tobacconiſt, at the Black-boy and Three Tobacco-pipes at Queenhithe, where all the World, Friends or Ene⯑mies, 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 al⯑ready 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 [6] Independent Chapel in this Pariſh; the Right of the Place em⯑powering 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 Recep⯑tion; all the Neighbours in general meeting him to bid him Welcome.
About a Fortnight or Three-weeks after his Settlement at Wil⯑ney, the Reverend Dr. Gregg, Rector of Upwell, came to pay him a Viſit, thank'd him for coming to the ſaid Chapel, and decla⯑red 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 Con⯑forming 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 Ser⯑vice as he diſlik'd; till at laſt his Scruples encreaſing, he wholly o⯑mitted 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 In⯑dependent, 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 [7] to make it out that their Proceedings with him have been legal, ra⯑tional, 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 Cu⯑rate, 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 of⯑fer'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 fre⯑quently 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. Hub⯑bart, 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 permit⯑ted him to Preach; which he did, or rather Rail, at an uncom⯑mon 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 up⯑on that Conſecrated Ground, begging the People to pray to God for him to forgive him that Sin: and to prove this, quo⯑ted, 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.
[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 Li⯑quor, and, as a place more proper for the Subject, preach'd the Second Part to his Morning Sermon, and beſtow'd another plenti⯑ful 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 unani⯑mouſly 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 com⯑plain 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 Inha⯑bitants 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 Inhabi⯑tants, 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 Cen⯑ſure 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.
[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 In⯑habitants, 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 break⯑ing his word with him, they proceeded to Excommunication againſt him.
Mr. Gill having thus quitted his Charge, had a Call from Lincoln⯑ſhire 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 Fami⯑ly in Lincolnſhire.
In this Interval, and when it is plain theſe Gentlemen them⯑ſelves knew every day where to find Mr. Gill, and that he was fre⯑quently in the Town of Wilney, and never conceal'd himſelf or abſconded from any body, yet even then one of the moſt impu⯑dent 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 Miſ⯑conſtruction, 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 late⯑ly [10] officiating as Curate at Welney in the Iſle of Ely, belonging to the Re⯑ctory of Upwell in Norfolk, has been detected of Forging Letters of Or⯑ders 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 Nor⯑wich'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 Proſe⯑cuted, 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 Pra⯑ctices, 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 them⯑ſelves honourably from the Suſpicion; and till then, thinks the [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 Diſ⯑ſenting 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 Founda⯑tion 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, a⯑bout June 1702, to ſend to Derby, and informing the Jaylor there that his Priſoner was found, procures two Men to be ſent from Der⯑by 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 inno⯑cently, 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 toge⯑ther, and left him.
[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 Aſ⯑ſiſtant in this new Plot was one Thomas Johnſon an Attorney of Out⯑well, 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 Pro⯑tector of Innocence, ſo blinded their Underſtanding, that they al⯑ways 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 Cam⯑bridge, where having been above 14 Days, and all that while walk⯑ing publickly about the Streets, and openly enquiring about the Notice in the Gazette, he receiv'd a Meſſage from the Vice-Chan⯑cellour of Cambridge to come to him to Jeſus College; whither, con⯑firm'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 pre⯑ſum'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 there⯑fore 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 Seſ⯑ſions.
In Obedience to this Command of Mr. James, Dr. Cook endea⯑vour'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 of⯑fering 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 Cu⯑rate and Rector, had ſo wrought upon the Inhabitants of Upwell, to⯑gether 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 [14] Church; which he did, duly Licencing the Place in the Arch⯑deacon'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 con⯑firm the People in their Adherence to the Church of England; or whether they do not rather Wound the Church, drive their Pa⯑riſhioners 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 Aſ⯑ſize; and applying themſelves to my Lord Chief Juſtice Holt by the means of Dr. Cook and Dr. James, they procur'd a Habeas Cor⯑pus 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 Miſde⯑meanours.
Here the ſaid Mr. Gill lay till the Aſſizes; and ſtill his Ene⯑mies 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 threat⯑ned them with Suſpenſion upon that account.
Alſo that Mr. Clark, the Regiſter of the Spiritual Court at Nor⯑wich, 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 [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 preſu⯑med 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 War⯑rant 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 Con⯑ſpirators, 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 ap⯑pear'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 Con⯑venticles 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 Conven⯑ticle at Upwell, and gave him a great deal of rough and threat⯑ning Language.
[16] Mr. Gill, with Calmneſs and Reſpect replied, He own'd he kept a Meeting for Religious Worſhip at Upwell in the County of Nor⯑folk, 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 imme⯑diately made a Mittimus and Committed Mr. Gill to the Jayl in Wisbich—for Forging a Licence, and Preaching in a Conven⯑ticle. 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, with⯑out 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 of⯑fer 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 re⯑markable alſo here, that they ſhould know no better than to Commit a Man in the Iſle of Ely for a Fact pretended to be com⯑mitted 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 charg⯑ing 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 [17] Ely and County of Cambridge, is a Preacher to a Congre⯑gation of her Majeſty's Proteſtant Diſſenting Subjects in Up⯑well 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 be⯑fore 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 ſcur⯑rilous 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 be⯑lieves, 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, ut⯑terly reduced the ſaid Mr. Gill and his Family to Pover⯑ty. 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 Depo⯑nent 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 [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 Juſti⯑ces, 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 Conſpi⯑rators to be four, brought with them one Captain Marſhal, an Of⯑ficer in Colonel Lutteril's Regiment of Marines, in order to Im⯑preſs, 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 pur⯑poſe; 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.
[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 Conſpi⯑rators 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 anſwer⯑ing 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 there⯑fore, to make out that Particular as we go, take the following Af⯑fidavit 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 Bella⯑my 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 [20] it in, the Judges being in Town, and the Aſſizes begun, and ad⯑vis'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 ſup⯑pos'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 Free⯑man 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 Deli⯑vered 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 induſtri⯑ouſly theſe Men acted, ſome to get out of the Room, and avoid ſigning the Certificate of his Impreſſing, and others to ſink and [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 Regi⯑ment 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. Bella⯑my, 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: There⯑upon (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, be⯑longing 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 Ori⯑ginal.
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 Co⯑py 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, [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 Abra⯑ham Gill of Welneth, in the ſaid Iſle of Ely, who was then examined before the ſaid Juſtices, ſhould be lifted for a Sol⯑dier, 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 Arti⯑cles 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 be⯑hind 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 Ire⯑land, Queen, Defender of the Faith, &c. for raiſing Re⯑cruits 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 Lutte⯑rel's Regiment of Marines; who did make Tender of twenty Shillings to the Perſons hereafter mentioned, which they ac⯑cepted [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 re⯑duc'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, ſur⯑feited 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 deli⯑vered 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 De⯑ſign, 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 War⯑rant 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 accord⯑ingly; 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.
[24] The Conſpirators appear'd at the Queen's Bench Court in Weſtmin⯑ſter, and mov'd for Time, and ſeveral Motions being made alter⯑nately, 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 be⯑fore, and form'd a ſecond Conſpiracy to bring Mr. Gill into Con⯑tempt 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 Per⯑ſon 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 immedi⯑ately 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 Com⯑pany, 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 ex⯑ceedingly 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 After⯑noon, 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, for⯑ward 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 [25] examine the Contrivances of this Arreſt, and ſome ſubſequent Ma⯑nagement 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 pur⯑poſe 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 Contri⯑vance 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 [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 War⯑rant, &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 decla⯑red 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 Con⯑ſpiracy; 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, Yeo⯑man, 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 Or⯑ders 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 De⯑ponent 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 [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 con⯑ſtantly 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 Octo⯑ber, 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 Morn⯑ing 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 Be⯑haviour. 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 Fa⯑mily [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 belie⯑ved 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 Proſecuti⯑on 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 ac⯑cording 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 perſecu⯑ted 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 Im⯑priſonment 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 appro⯑ved 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 Free⯑holders, as well as Farmers: So that by the way of Proſecuti⯑on, 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 po⯑ſitively ſent to the Meeting-place (though qualified according to Law) and threatned ſome of the Congregation, and eſpeci⯑cially [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 abu⯑ſed 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 Seſſi⯑ons, 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 in⯑timate 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 requeſt⯑ed. 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 [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 Toke⯑love 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 or⯑der 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 [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 De⯑fendant; 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 Depo⯑nent 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 Depo⯑nent write any Letter or Letters to order it to be done (as the ſaid Betts in his Affidavit doth falſly depoſe) but this Depo⯑nent 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 [32] time of this Deponent's Marriage, being about fifteen or ſix⯑teen 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 or⯑dered 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 Acquain⯑tance with any ſuch Perſon as John Smith of Downham in Norfolk, Yeoman; nor did at any time ever write any Let⯑ter, 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 Depo⯑nent 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 in⯑formed this Deponent, and alſo this Deponent doth believe hath [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 infor⯑med, was Mr. Lateward, came to the ſaid John Smith's Houſe in Downham aforeſaid, upon the 13th day of Novem⯑ber 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 fol⯑lowing 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, [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 in⯑formed 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 Neigh⯑bours [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 ſcan⯑dalous 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 Depo⯑nent 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 Ju⯑ſtice 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 up⯑on 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.