Articles exhibited against Benjamin Spencer, Minister of S. Thomas Parish in Southwark, in the right Honourable and high Court of Parliament, for which his living was sequestered. Together with a charge grounded thereupon, and his answer thereunto. With his reasons of printing the same.  
Gentle Reader,  
WHoever thou art, for God's love let me entreat thee to reserve a good opinion of this my action. For I protest in the sight of God I present not this sheet to thee out of any vain glory, to vindicate myself from any aspersions, nor out of malice to my accusers, to render them odious to the world, much less out of any heartburning against the sentence of my judges, who proceed, Secundum allegata & probata, according to allegation and proof: but to show how much one man may be misconstrued by another in the deliverance of his mind, and how free I am from Popish doctrine, or such ill manners whereby to slight orders of Parliament, or to let fall any lose speeches in the Pulpit (of which three things the Articles consist) however I may be mistaken by men who come to hear me with prejudicated minds.  
And I hope you will not blame me for this, considering, the malignity of such a scandal, doth not only like a dead fly corrupt the ointment of a good name (which I thank God till this time he hath honoured me withal, among all men who do truly know me) but also is the greatest blot that can be to my profession, and a just hindrance of my preferment; and therefore I can do no less then print a few sheets to satisfy my friends (but not to sell) in this business, because I find my Articles read to many, but not my answers to them, by which my friends affections may be diverted from me as well as their minds corrupted.  
You are therefore to understand, that after I had answered one jackson's a Scotchmans' Articles against me (before my Lord Major) of which I could never get a copy. I was in good hope to have been at rest, when suddenly my name appeared in a black bill among 66 scandalous (it may be some will prove scandalised) ministers. This bill made by whomsoever, I am sure I was never called to a reckoning about it before any of those Citizens who drew it up and presented it to the Lord Major. The blow I received by this brown bill almost stunned me, having no warning to provide an Helmet.  
The ground of this bill was the complaints of parishioners to some Citizens who were authorized by an order of Common Council dated the second day of December to inquire of all malignant, scandalous, & seditious Ministers, whom I pray God bring to light, so that the Wolf may be known for all his sheepes-skin.  
The next trouble I heard of was by one Quartermaine, who warned me before the Committee of examination, of which the right worshipful Sir Gilbert Garret was the Chaire-man, to answer to 10 Articles alleged against me.  

The Articles were as followeth.  
Inprim. THat Master Spencer wilfully refuseth to give the Communion to those that will not kneel at the Sacrament.  
2 The said Mr. Spencer did publicly aver in his Sermon, that water in Baptism did absolutely cleanse away original sin.  
3 He did aver that the Church of Rome is the true Church and lacks nothing out qualification, and did not err in any fundamental point, but in matter of circumstance.  
4 Certain honest then informing the said Mr. Spencer, that his superstitious gestures were, burdensome to some good Christian consciences in his Congrogation, he thus replied. Am I vile (abusing the words of the Prophet David) I will be more vile yet? And whether the rails be taken away or not, I will bow to the Table, yea I will dance about the Table; he also abuseth all those that stand near, or lean upon the Communion Table, or lay their hats upon the Table in the time of prayer or sermon.  
5 He hath uttered these words in the Pulpit, the times are evil and dangerous, for we may fear great judgements upon the land, because we do not know whither to go for justice. And these words were spoken in the time of Parliament.  
6 In S. Mary Oueris Church, he most basely abused honest Ministers in his Sermon: saying these jackdaws that formerly durst not show their faces, now did appear every where. And where did they now shelter themselves but under the eaveses of the Parliament-house Consider whether these two Articles do include a Scandalum Parlamenti, Or not.  
7 He not only presumptuously neglects to pray for good Magistrates such as my Lord Major of London, as also not praying for the army that is gone forth for Religion, King and Parliament, which is too great an evidence of malignity, but also a presumptuous abuser and scoffer of the Orders of Parliament.  
8 Instance; namely, one Sabbath day there came an order from the Parliament to be read in his Church for the restraining the superstitious bowing at the name of jesus, in the reading whereof, the said M. Spencer used these disdainful words. For any thing I know, this that I do read might have come from a Ballad-monger, I know not which jesus is signified here, whether joshuah, or jesus the son of Sirach, or lesus Christ.  
9 This was M. Spencer's divinity in the Pulpit, that women now adays were not so holy as the Virgin Mary was. For she conceived the holy Ghost before she conceived Christ, but women now took in men before they took in the holy Ghost and were coupled together by the tails, as Sampsons' Foxes were.  
10 That the said M. Spencer, after he had published the Ordinance of Parliament for the relief of poor maimed soldiers, said, that it may be the said soldiers went out with a zealous intent, but it was a blind zeal; or it may be out of malice and envy to be revenged of some of their enemies; or it may be to rob and steal, and so to enrich themselves; but I hope the misery they feel, and your charity, will make them desire peace.   

His Answers to these 10 Articles before the Committee.  
1 TO the first he answered thus. If he had refused any the Communion, as he remembered none; he did it not because he thinks kneeling more necessary, but because of the Statute of uniformity, which bindeth him to observe it, which statute for direction is bound with the Book of Common prayer.  
2 Upon the second Article the witnesses disagreed. His answer was, that being the plaintiffs did instance not next upon which he so preached, nor time when; he could not say what he preached: but his opinion was, that the outward sign without the thing signified was of no validity, and as it is expressed further in the 27 Article of our protestant doctrine published, and of late protested by himself and others.  
To the third he answered thus: I know not that ever I preached any such thing, nor do they prove it by either place, time, or Text, but I hold the Papacy to be Antichristian, and all that wittingly or willingly adhere thereunto. Neither doth the Doctrine of their Church order a man to heaven, and therefore I detest it as damnable, and hold with our Protestant Doctrine published in that point in the second part of our Church Homily for Whitsuntide. But I suppose the plaintiffs might be mistaken, when in clearing that point so much controverted about the Church of Rome's being a true Church, it is like enough I said it was thus to be understood, (namely) that she had the outward being and existence of a true Church; but not the essence or essential properties of one. As a thief hath the true being of a man in a natural sense, but not the being of a true man in a moral sense: So Waspss have true Combs, as well as Bees, but there is no honey in them. So it is likely, that I might say the Church of Rome agreeth with the true Church in many fundamentals, as in the Articles of the Creed, but overthroweth them by corrupt consequences and superstructions, as when they allow Christ to be the sole Mediator of Redemption, but not of intercession, and in sixty odd other several opinions they differ from the Reformed Churches, and us English Protestant's; in which I hope I shall never agree with them.  
To the fourth he answered thus: I remember no such in formation by honest men. But I acknowledge I have bowed my knees when I have come into the Church, but to no visible thing, but unto that God by whose leave I tread in his Courts: And if I were accounted vile for that, it is like enough I might say, I would be more vile. But since I perceived by an Order from the House of Peers, bearing date sixteenth of january, 1640. that such arbitrary gestures did give offence, and that no Ceremony whatsoever should be used, but those nominated and allowed by Law, I have refrained it and betaken myself to a more private way of devotion. And for abusing any who stand about the Communion Table, I know not, except a fair reproof for an unreverent carriage be an abuse of those who set their Tails where we set the Sacrament when there is room enough to sit elsewhere.  
To the fist he answered thus: Here is neither instance of time or Text, therefore I cannot call to mind what I said. But I believe I might complain of danger us times now in these latter days of which the Apostle prophesied 2 Tim. 3.1. and might deplore the decay of justice among men both distributive & commutative as the Prophets did, Psal. 12.1. ler. 5.1. and yet not reflect on the Parliament, who have found much injustice among men themselves, and punished it.  
To the six he answered thus; here they instance in asermon remembered by many who can tell that the words which they misconstrue were these (spoken unto the Ministers then present at the visitation Sermon) Rebuke, exhort with all authority, as Tit. 2.15. You are commanded, and be not affrighted at those jackdaws, with with their noise first disturb the Church's service, & then shelter themselves under the Leads as many sorts of men do, who hope in vain to shroud themselves under the eaveses of the Parliaments favour, whose worthies though too much troubled with their trivial complaints; yet I am confident they will maintain what they have protested against all schismatical persons and malignant parties, that these were my words many can justify that heard them, without prejudicated affection.  
To the seventh Article he answered: I pray for the King Queen, and Royal Progeny, and for all that are in authority. Indeed, I do not name my Lord Major; nor is it usual so to do, except at Panis-Crosse or the like. Neither do I name the Army, but I pray for all those that fight for the truth, and the faith of the Gospel and true Religion, which is no evidence of malignancy. Nor do I, nor ever did scoff at any Orders of Parliament, as shall appear by my answer to the instance following.  
To this only instance of scoffing at Orders, which they produce, though the Article chargeth him in general, he thus answered. One Lords day, such an Order was brought to me as aforesaid, of which he that brought it, could render no account but that it was bought of one that fold pamphlets about the streets. I suspended therefore the reading of it till I had enquired further; & finding it to be the Parliaments order, I read it in the Church. And to excuse myself, that I did not read it at first to some that were offended, I said I durst not read that at first, which he that brought could not avouch to have received from any other authority than a Pamphlet seller, or a Ballad-monger. As for the name jesus I confess I said thus, that considering there were more named by that name in the Bible, as jesus the son of Nun, Acts 7.45. and jesus son of josedech, Zach. 3.1. and jesus the jonne of Sarach, Eccles. 1. And for that many ignorant people have used the same gesture to each name alike, when they have been read; and for that the name is not distinguished in this order, (viz.) which jesus is meant as it is in the 18. Canon, which enjoineth reverence at the reading of it, I will not be so bold to interpret the Parliaments mind therein, till it be further expressed by themselves: And I hope no charitable mind will take this for an abuse or scoff, but rather want of right apprehension of their mind.  
He thus answered the ninth Article: Here is neither Text nor time instanced in, nor can I remember all I said: But I believe it is no bad Divinity to say the Virgin Mary conceived the Holy Ghost in her heart, before she had Christ in her womb; because she was before both gracious and faithful: And I conceive those that marry merely for lust, without those other holy ends of marriage, couple like beasts, and may be likened to Sampsons' Foxes: The Prophet Ezekiel speaks much broader, 
Ezek. ●6. 2●.  and yet is not to be blamed; Lewd manners may have loud reproofs, so far as I know.  
The tenth he answered thus, I finding some people scrupulous to contribute to that occasion, said thus: It is the end that maketh actions good. Now whereas some object, that it may be some soldiers go to war with divers ends, some with a good intent, some with a blind zeal, some to be revenged on their enemies, some in hope to enrich themselves by spoil; let not us judge their hearts, nor look upon their infirmities; but be their end what it will, let our end be to relieve their miseries, and no doubt if you think they have erred in war, the misery they feel, and your charity they find will make them more addicted to peace.  
You may perceive by these Answers, that I am much mistaken in my preaching by these my accusers, whom I blame not so much for thus accusing me (though a little discourse with me might have rectified all) if so be they be fully persuaded that I spoke as they have alleged, but I fear there is some leaven of ill will in it, which never speaks well; God be judge between us, to whom I refer myself  
After I had thus answered, I was dismissed. Divers weeks after one Nicollson got a warrant for me from the Committee for the safety of the Kingdom. A man who knew nothing of me except my face, as I did bis. By virtue of the warrant, I was kept under Custody certain days, but found no charge appear there against me. But being in prison a warrant was brought to me to appear before the Lords to answer to a charge drawn up against me with all sequestration of my living, which charge though it consisted of fewer Articles by three than before was alleged, namely the 5.2. and 7. yet it is no whit lighter, but doth in some words so much differ from the Articles, that me thinks my adversaries themselves should consider where they spoke truest, before the Committee, or before the Lords; they being witnesses, both to the Articles and charge; and especially one woman whose zeal against me was so smart, that she blushed not to maintain the ninth Article, farther than was alleged therein; namely that I should say worse than (that women took● in men) for she added these words (Your Lordships know where) O frons, o facies. Mark the charge and compare it with the Articles, and you will find that whatsoever Clerk drew it, he hath made his building too heavy for the foundation, viz. For the Articles upon which it is built.   

The sequestration and charge, Martij 16. 1642.  
WHereas Benjamin Spencer, Stipendiary Curate of the Church of Saint Thomas Hospital in Southwark in the County of Surrey hath endeavoured in his preaching to corrupt his people and Auditors, partly with the leaven of Popish doctrine pressing upon them, Articl. 3 1. That the Church of Rome is a true Church, saving only in Circumstances and not in fundamentals. Articl. 4 2. And bowing to the Altar, saying, that if he were vile in that, he would be more vile yet, and whether the rails were taken away or not, he would bow to the Table, and dance about it. Articl. 9 3. And partly by profane doctrine that the Virgin Mary received the Holy Ghost before she conceived Christ, but now women took in men first and were coupled together like Samsons Foxes. Articl. 5 4. And hath expressed great malignancy against the power and proceed of Parliament, saying in Parliament times, that now men knew not whither to go for justice. Articl. 6 5. And that Reverend Orthodox Ministers, whom he termed jackdaws, that formerly durst not show their faces, did now appear and shroud themselves under the Eves of the Parliament. 6. Articl. 8 And reading in his Church the order of Parliament against bowing at the name of jesus, in contempt thereof said openly, that for aught he knew, it might come from some Ballad-monger and that he knew not what they meant whether jesus the Son of Sirach or Jesus Christ, and that they that made it, were best able to express their own meaning. Articl. 10 10. And that in his publishing of the Ordinance of Parliament, for the relief of maimed Soldiers, informed his Auditory that it may be these Soldiers went out with a zealous intent, but ●t was a blind zeal, or they went out of malice or envy to be revenged, or it may be to rob and steal. Which the Lords and Commons in Parliament Assembled taking into consideration for the better supply of an able and godly Minister in the said Church, and for the provision of fit maintenance for those that shall officiate therein, do Constitute and ordain that john Hardwicke, joseph Collier, john Humphrey, Daniel Sowton, Thomas Bennet, john Simes, john Winengton, William Jackson, or any three of them shall have power and authority, and are hereby required to sequester all and singular stipends and Allowances, Tithes, Rents, Fees or profits whatsoever belonging to the Cure of the said Church, or heretofore paid to the said SPENCER, and to appoint Collectors for the gathering and receiving of them as they in their discretion shall think fit, and shall have power to pay the same unto john Biscoe a godly learned and Orthodox Divine who is hereby appointed and required to preach every Lord's Day and to officiate as Curate and to take care for the discharge of the cure of the said place in all the duties thereof until further order shall be taken by both Houses of Parliament. And if any shall refuse to pay unto the said sequestrators, or any three of them, or to the collectors appointed by them any of the Rents, duties, or lawful sees acoustomed to be paid upon information thereof by the sequestrators or any three of them unto either House of Parliament. The said Lords and Commons do hereby declare they will proceed against such refusers according to their several offences and contempts.  
I answered to the charge that first it differed much from the Articls that were laid against me; first in the number, for in the charge there were 3. wanting of the ten alleged, namely the first which charged me for doing what the statute of uniformity enjoined me. The second which the witnesses being then examined severally did not agree upon. And the seventh which seemed ridiculously to accuse me for not praying for my L. Major. Secondly I said the charge differed in many words from the Articles, as in that it chargeth me to endeavour to corrupt people with popish Doctrine, and yet there is in all but one Article of popish doctrine in the whole charge, which might be as well mistaken, as not, by my hearers. Secondly, It chargeth me that I bowed to the Altar whereas there was never any in the Church, nor did the Table stand Altarwise. Indeed it was railed in by Mr. Lynne one of my accusers, without command from any authority, save himself that I know of. Thirdly, It makes these words (that now in time of Parliament men knew not whither to go for justice) a part of the Article which in the Article itself is made only an insinuation of the accuser and therefore the witnesses could not as I suppose under favour maintain rightly both the Articles and the charge. However they swearing, the Court inclined the rather to their testimony, for an oath must be the end of controversy: Let the accusers look to it, the Court is free. I was committed to the fleet for a while, for contempt, where I petitioning for maintaining of my charge, a Wife and many Children, was by the Lords granted thirty pounds per annum to be resumed in the hands of the Governors of Saint Thomas Hospital from the sequestrators, & to be paid to me or my assigns, as formerly it had, I was afterward upon petition released also from imprisonment.  
But all this suffering could not quiet the spleen of mine adversaries. For they would feign restrain the Governors so, that they might not pay me my allowance of thirty pounds aforesaid, by reason whereof I and my family should be forced to live upon alms while one eats our bread, who can neither well desire it, and worse deserve it. God forgive mine enemies, open their blind eyes and soften their hard hearts, that repenting, they may escape the wrath to come, through jesus Christ. Amen.   
FINIS.