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About the same time a culprit, who bore very little resemblance to Oates or Dangerfield, appeared on the floor of the Court of King's Bench. No eminent chief of a party has ever passed through many years of civil and religious dissension with more innocence than Richard Baxter. He belonged to the mildest and most temperate section of the Puritan body. He was a young man when the civil war broke out. He thought that the right was on the side of the Houses; and he had no scruple about acting as chaplain to a regiment in the parliamentary army: but his clear and somewhat sceptical understanding, and his strong sense of justice, preserved him from all excesses. He exerted himself to check the fanatical violence of the soldiery. He condemned the proceedings of the High Court of Justice. In the days of the Commonwealth he had the boldness to express, on many occasions, and once even in Cromwell's presence, love and reverence for the ancient institutions of the country. While the royal family was in exile, Baxter's life was chiefly passed at Kidderminster in the assiduous discharge of parochial duties. He heartily concurred in the Restoration, and was sincerely desirous to bring about an union between Episcopalians and Presbyterians. For, with a liberty rare in his time, he considered questions of ecclesiastical polity as of small account when compared with the great principles of Christianity, and had never, even when prelacy was most odious to the ruling powers, joined in the outcry against Bishops. The attempt to reconcile the contending factions failed. Baxter cast in his lot with his proscribed friends, refused the mitre of Hereford, quitted the parsonage of Kidderminster, and gave himself up almost wholly to study. His theological writings, though too moderate to be pleasing to the bigots of any party, had an immense reputation. Zealous Churchmen called him a Roundhead; and many Nonconformists accused him of Erastianism and Arminianism. But the integrity of his heart, the purity of his life, the vigour of his faculties, and the extent of his attainments were acknowledged by the best and wisest men of every persuasion. His political opinions, in spite of the oppression which he and his brethren had suffered, were moderate. He was friendly to that small party which was hated by both Whigs and Tories. He could not, he said, join in cursing the Trimmers, when he remembered who it was that had blessed the peacemakers. 279
In a Commentary on the New Testament he had complained, with some bitterness, of the persecution which the Dissenters suffered. That men who, for not using the Prayer Book, had been driven from their homes, stripped of their property, and locked up in dungeons, should dare to utter a murmur, was then thought a high crime against the State and the Church. Roger Lestrange, the champion of the government and the oracle of the clergy, sounded the note of war in the Observator. An information was filed. Baxter begged that he might be allowed some time to prepare for his defence. It was on the day on which Oates was pilloried in Palace Yard that the illustrious chief of the Puritans, oppressed by age and infirmities, came to Westminster Hall to make this request. Jeffreys burst into a storm of rage. "Not a minute," he cried, "to save his life. I can deal with saints as well as with sinners. There stands Oates on one side of the pillory; and, if Baxter stood on the other, the two greatest rogues in the kingdom would stand together."
When the trial came on at Guildhall, a crowd of those who loved and honoured Baxter filled the court. At his side stood Doctor William Bates, one of the most eminent of the Nonconformist divines. Two Whig barristers of great note, Pollexfen and Wallop, appeared for the defendant. Pollexfen had scarcely begun his address to the jury, when the Chief Justice broke forth: "Pollexfen, I know you well. I will set a mark on you. You are the patron of the faction. This is an old rogue, a schismatical knave, a hypocritical villain. He hates the Liturgy. He would have nothing but longwinded cant without book;" and then his Lordship turned up his eyes, clasped his hands, and began to sing through his nose, in imitation of what he supposed to be Baxter's style of praying "Lord, we are thy people, thy peculiar people, thy dear people." Pollexfen gently reminded the court that his late Majesty had thought Baxter deserving of a bishopric. "And what ailed the old blockhead then," cried Jeffreys, "that he did not take it?" His fury now rose almost to madness. He called Baxter a dog, and swore that it would be no more than justice to whip such a villain through the whole City.
Wallop interposed, but fared no better than his leader. "You are in all these dirty causes, Mr. Wallop," said the Judge. "Gentlemen of the long robe ought to be ashamed to assist such factious knaves." The advocate made another attempt to obtain a hearing, but to no purpose. "If you do not know your duty," said Jeffreys, "I will teach it you."
Wallop sate down; and Baxter himself attempted to put in a word. But the Chief Justice drowned all expostulation in a torrent of ribaldry and invective, mingled with scraps of Hudibras. "My Lord," said the old man, "I have been much blamed by Dissenters for speaking respectfully of Bishops." "Baxter for Bishops!" cried the Judge, "that's a merry conceit indeed. I know what you mean by Bishops, rascals like yourself, Kidderminster Bishops, factious snivelling Presbyterians!" Again Baxter essayed to speak, and again Jeffreys bellowed "Richard, Richard, dost thou think we will let thee poison the court? Richard, thou art an old knave. Thou hast written books enough to load a cart, and every book as full of sedition as an egg is full of meat. By the grace of God, I'll look after thee. I see a great many of your brotherhood waiting to know what will befall their mighty Don. And there," he continued, fixing his savage eye on Bates, "there is a Doctor of the party at your elbow. But, by the grace of God Almighty, I will crush you all."
Baxter held his peace. But one of the junior counsel for the defence made a last effort, and undertook to show that the words of which complaint was made would not bear the construction put on them by the information. With this view he began to read the context. In a moment he was roared down. "You sha'n't turn the court into a conventicle." The noise of weeping was heard from some of those who surrounded Baxter. "Snivelling calves!" said the Judge.
Witnesses to character were in attendance, and among them were several clergymen of the Established Church. But the Chief Justice would hear nothing. "Does your Lordship think," said Baxter, "that any jury will convict a man on such a trial as this?" "I warrant you, Mr. Baxter," said Jeffreys: "don't trouble yourself about that." Jeffreys was right. The Sheriffs were the tools of the government. The jurymen, selected by the Sheriffs from among the fiercest zealots of the Tory party, conferred for a moment, and returned a verdict of Guilty. "My Lord," said Baxter, as he left the court, "there was once a Chief Justice who would have treated me very differently." He alluded to his learned and virtuous friend Sir Matthew Hale. "There is not an honest man in England," answered Jeffreys, "but looks on thee as a knave." 280
The sentence was, for those times, a lenient one. What passed in conference among the judges cannot be certainly known. It was believed among the Nonconformists, and is highly probable, that the Chief Justice was overruled by his three brethren. He proposed, it is said, that Baxter should be whipped through London at the cart's tail. The majority thought that an eminent divine, who, a quarter of a century before, had been offered a mitre, and who was now in his seventieth year, would be sufficiently punished for a few sharp words by fine and imprisonment. 281
The manner in which Baxter was treated by a judge, who was a member of the cabinet and a favourite of the Sovereign, indicated, in a manner not to be mistaken, the feeling with which the government at this time regarded the Protestant Nonconformists. But already that feeling had been indicated by still stronger and more terrible signs. The Parliament of Scotland had met. James had purposely hastened the session of this body, and had postponed the session of the English Houses, in the hope that the example set at Edinburgh would produce a good effect at Westminster. For the legislature of his northern kingdom was as obsequious as those provincial Estates which Lewis the Fourteenth still suffered to play at some of their ancient functions in Britanny and Burgundy. None but an Episcopalian could sit in the Scottish Parliament, or could even vote for a member, and in Scotland an Episcopalian was always a Tory or a timeserver. From an assembly thus constituted, little opposition to the royal wishes was to be apprehended; and even the assembly thus constituted could pass no law which had not been previously approved by
