The Oxford Magazine; For OCTOBER, 1768. The Behaviour of Judge JEFFERIES, at the Trial of the Reverend RICHARD BAXTER, in the Court of King's Bench. HE revival of the name of judge Jefferies, among political writers, feems to carry with it fome degree of ignorance, as well as malice. That there can be no grounds for the infinuation that any judge upon the bench refembles him at prefent, will appear from confidering his behaviour at the trial of the famous Richard Baxter, a non-conformist minister, in the court of king's bench. In the beginning of the year 1685, Mr. Baxter was committed to the king's bench prifon, by a warrant from the lord chief juftice Jefferies, for his Paraphrafe on the New Teftament, and tried on the 18th of May, in the fame year, in the court of king's bench. As his trial was a very remarkable one, it is fubmitted to the notice of the public. On the 6th of May, being the firft day of Eafter term, 1685, Mr. Baxter appeared in the court of king's bench, and Mr. Attorney declared he would file an information against him. On the 14th,, the defendant pleaded Not guilty; and on the 18th, Mr. Baxter being much indifpofed, and defiring farther time than to the 30th, which was the day appointed for the trial, he moved, by his counfel, that it might be put off; on which occafion the chief justice anfwered angrily, VOL. I "I will not give him a minute's time more to fave his life.' "We have had, fays he, to do with other forts of perfons, but now we have a faint to deal with; and I know how to deal with faints as well as finners Yonder ftands Oats in the pillory, and he fays he fuffers for the truth, and fo does Baxter. But did Baxter but ftand on the other fide of the pillory with him, I would fay two of the greateft rogues and rafcals in the kingdom ftood there." As On the 30th of May, in the afternoon, Baxter was brought to his trial before the lord chief juftice at Guild4" hall. Sir Henry Afhhurst flood by him. Mr. Baxter came first into court, and waited for the lord chief juftice, with all the marks of ferenity and compofure; and his lordship made his appearance foon after with great indignation in his countenance. foon as his lordship was feated, a fhort caufe was called and tried; after which, the clerk beginning to read the title of another, "You blockhead, you, fays Jefferies, the next caufe is between Richard Baxter and the king." Upon this, Baxter's caufe was called. The paffages, mentioned in the information, were his Paraphrafe on Matthew v. 19.Mark ix. 39-xi. 31.-xii. 38, 39, R 40. 126 The Behaviour of Judge Jefferies at the Trial of Richard Baster. faid, The Behaviour of Judge Jefferies at the Trial of Richard Baxter. 127 faid, "That great refpect is due to thofe truly called bishops among us." Aye, faid Jefferies, this is your Prefbyterian cant-truly called to be bifhops; that is himself, and fuch raf cals, called to be bishops of Kidderminster, and other fuch places. Bishops fet apart by fuch factious, niveling Presbyterians as himself. A Kidderminfter bishop he means; according to the faying of a late learned author, and every parifh fhall maintain,a tithe pig metropolitan." Mr. Baxter beginning to fpeak again, Jefferies fays to him, Richard! Richard! doft thou think we will hear thee poison the court? &c. Richard! thou art an old fellow, an old knave. Thou haft written books enough to load a cart, every one as full of fedition (I might fay treafon) as an egg is full of meat. Hadft thou been whip ped out of thy writing trade forty years ago, it had been happy. Thou pretendett to be a preacher of the Gofpel of Peace, and thou hast one foot in the grave: 'tis time for thee to begin to think what account thou intendent to give. But leave thee to thyfelf, and, I fee, thou'lt go on as thou haft begun: but, by the grace of God, I will look after thee, I fee a great many of the brotherhood, in corners, waiting to fee what will be come of their mighty don, and a doctor of the party [Dr. Bates] at your elbow; but, by the grace of almighty God, I will crush you all."Mr. Rotherham fitting down, Mr. Atwood endeavoured to fhew, that not one of the paffages, mentioned in the information, ought to be ftrained to that fenfe, which was put upon them by the inuendoes, they be ing more natural when taken in a milder fenfe; nor could any of them be applied to the prelates of the church of England, without a very forced conftruction." To evidence this, he would read fome of the text; but Jefferies cried out, "You fhall not draw me into a conventicle with your annotations, nor your niveling parfon neither." My lord, rejoins Atwood, I conceive this to be exprefsly within Rofwell's cafe, lately before your lordship." 66. You conceive, fays Jefferies, you conceive AMISS: it is not." "My lord," replied Atwood," that I may use the best authority, permit me to repeat your lordship's own words in that cafe." "No, you shall not, anfwered his lordship. You need not fpeak, for you are an author already; tho' you fpeak and write impertinently." Says Atwood, "I cannot help that, my lord, if my talent be no better; but it is my duty to do my best for my client." After this, Jefferies proceeded to expofe what Atwood had published; and Atwood, on the other hand, infifted, "that it was in defence of the English constitution; adding, that he never difowned any thing that he had written." Jefferies commanded him to fit down feveral times, but he ftill continued fpeaking. "My lord, faid he, I have matter of law to offer my client;" and he proceeded to cite feveral cafes, wherein it had been adjudged, that words ought to be taken in the MILDER fenfe, and not to be trained by inuendoes." "Well," fays Jefferies, when Atwood had done fpeaking, "You have had your fay."Mr. Williams and Mr. Phipps faid nothing; for they faw it would be to no purpofe. At lalt Mr. Baxter himself addreffed his lordship to this effect: "My lord, I think I can clearly anfwer all that is laid to my charge; and I fhall do it briefly. The fum is contained in these few papers; to which I shall add a little by teftimony." But the judge would not hear him. After fome time, the chief justice fummed up the whole, in a long, and, fome fay, fulfome harangue, to this purport and tenor, "Tis notoriously known, there has R 2 been |