“I wish,” said I, “I could speak with the Earl myself, for I make no doubt but to acquit myself unto him; and,” added I, “if thou pleasest to give me thy letter to him, I will wait upon him with it forthwith. For although I know,” continued I, “that he hath no favour for any of my persuasion, yet knowing myself to be wholly innocent in this matter, I can with confidence appear before him, or even before the King in Council.”
“Well,” said he, “I see you are confident; but for all that, let me tell you, how good soever your intention was, you timed the publishing of your book very unluckily, for you cannot be ignorant that there is a very dangerous plot lately discovered, contrived by the Dissenters against the Government and his Majesty’s life.” [This was the Rye plot, then newly broke forth, and laid upon the Presbyterians.] “And for you,” added he, “to publish a book just at that juncture of time, to discourage the magistrates and other officers from putting in execution those laws which were made to suppress their meetings, looks, I must tell you, but with a scurvy countenance upon you.”
“If,” replied I, with somewhat a pleasanter air, “there was any mistiming in the case, it must lie on the part of those plotters for timing the breaking forth of their plot while my book was printing, for I can bring very good proof that my book was in the press and well-nigh wrought off before any man talked or knew of a plot, but those who were in it.”
Here our discourse ended, and I, taking for the present my leave of him, went to my horse, and changing my companion, rode to Justice Titchborn’s, having with me William Ayrs, who was best acquainted with him, and who had casually brought this trouble on me.
When he had introduced me to Titchborn, I gave him a like account of the occasion of my coming at that time as I had before given to the other Justice. And both he and his lady, who was present, expressed much concern for Guli Penn’s illness.
I found this man to be of quite another temper than Justice Fotherly; for he was smooth, soft, and oily, whereas the other was rather rough, severe, and sharp. Yet at the winding-up I found Fotherly my truest friend.
When I had told Sir Benjamin Titchborn that I came from Justice Fotherly, and requested him to give him a meeting to consider of my business, he readily, without any hesitation, told me he would go with me to Rickmansworth, from which his house was distant about a mile, and calling for his horses, mounted immediately, and to Rickmansworth we rode.
After they had been a little while together, I was called in before them, and in the first place they examined me, “What was my intention and design in writing that book?” I told them the introductory part of it gave a plain account of it—viz., “That it was to get ease from the penalties of a severe law often executed with too great a severity by unskilful officers, who were driven on beyond the bounds of their duty by the impetuous threats of a sort of insolent fellows, as needy as greedy, who for their own advantage sought our ruin.” To prevent which was the design and drift of that book, by acquainting such officers how they might safely demean themselves in the execution of their offices towards their honest and peaceable neighbours, without ruining either their neighbours or themselves to enrich some of the worst of men; and that I humbly conceived it was neither unlawful nor unreasonable for a sufferer to do this, so long as it was done in a fair, sober, and peaceable way.
They then put me in mind of the plot; told me it was a troublesome and dangerous time, and my book might be construed to import sedition, in discouraging the officers from putting the laws in execution, as by law and by their oath they were bound; and in fine brought it to this issue, that they were directed to secure me by a commitment to prison until the assize, at which I should receive a further charge than they were provided now to give me; but because they were desirous to forward my visit to Madam Penn, they told me they would admit me to bail, and therefore, if I would enter a recognisance, with sufficient sureties, for my appearance at the next assize, they would leave me at liberty to go on my journey.
I told them I could not do it. They said they would give me as little trouble as they could, and therefore they would not put me to seek bail, but would accept those two friends of mine who were then present, to be bound with me for my appearance.