Mr. Croftons' Case SOBERLY CONSIDERED, plainly Stated, and humbly submitted to the consideration of JUST and PRUDENT Men. MADE PUBLIC To Silence Clamour, Correct Mistake, and Acquit him from the Charge of High Treason. Urged by Tho. Tomkins Fellow of All Souls Oxon. and others in their Frivolous, Scurrilous and Invective Pamphlets.  Eccles. 8.14. There is a vanity done upon the earth; that there be Just men, unto whom it happeneth after the work of the wicked. Isaiah 59.15, 16. Truth faileth; and he that departeth from evil maketh himself a prey; and the Lord saw it, and it displeased him that there was NO JUDGEMENT, and he saw that there was NO MAN, and wondered that there was NO INTERCESSOR. 
LONDON, Printed for the Authors, 1661.   

TO THE Right Honourable EDWARD EARL OF CLARENDON, Lord High Chancellor of ENGLAND.  
May it please your Honour,  
ALthough the Confinement of Mr. Crofton, seemeth to pass with the least regard, we cannot but with grief observe, it hath not the least reflection on the Justice and Honour of his Majesty's Government; The person being known to have asserted and adhered unto his Majesty's Just Interest in the worst of times, under, and against the late Usurpers, and their base Complyants' and Confederates, unto the loss of his Estate and Liberty, and Hazard of his Life; nor is any Defection in his Loyalty visible to men, who can see no cause for his present Bonds, save the Casuistical debate of the Oath, the Providence of God had brought on this Kingdom, and that before it was interdicted by any Law.  
We cannot but be afflicted to consider the insultation of his Majesties known enemies, in the sufferings of this man, his Majesties known Faithful and Loyal Subject, who observing him to suffer with them, and more than the most of them, according to their Blasphemous Argumentation from providence, conclude (not without reproach to his Majesty) that his present bonds, is God's punishment for his active endeavours for his Majesty's most happy restauration, reputing his zeal therein, to have been his most grievous sin, which notwithstanding we are well assured, his heart doth abide most upright and sincere towards his Majesty.  
We have in silence long expected some Ebedmelech, in the King's Court, to procure his discharge from his Dungeon: and conceived some by the duty of their place bound, and better capacitated than are poor we, would have appeared by way of Apology for his innocency, but have been therein failed; lest therefore God should say, and wonder there was no Intercessor, we have presumed to break silence, and make Public our apprehensions of his Cause and Case, submitting the same to the censure of Just and Prudent men.  
It hath (Right Honourable) been suggested to us, nor have we been void of fear, that this Apology for our Friend might prejudice him, and endanger us, though we confess we can conceive no cause thereof, save that irrationalitie and injustice which judgeth Truth to be treason, which we dare not but think is a stranger at, and kept at a distance from our King's Court; we profess our deliberate thoughts conclude Magna Charta, and the Petition of Right shall be as soon violated, and the Prisoners humble demand of an Habeas Corpus be determined a crime, as this plain naked representation, be reflected to his damage, or charged on us as an offence; We observe the Quakers and others, do with much boldness publish their Cases without Control, and we cannot suppose this course more offensive in Loyal, and sober Presbyterians, nor can reason condemn us for vindicating him, by that way whereby Tomkins and others have defamed him.  
We are not much acquainted with the Laws, nor do we understand how far some late Laws may extend; but we profess ourselves men of Conscience, and fly to Your Honour as Judge of Equity: We have indeed considered our Friend's Case, as it hath been represented by Vulgar Clamour, and Scurrilous Pamphlets, because we can know it by no other means, no Accuser, or Accusation having appeared against Him; which if there ever do, we shall leave Him to Answer, and do not doubt but He will fully acquit himself; Our Consideration is such, as we fear not to Tender to Your most serious Scrutiny, with an assurance of a most Wise and Just Decree upon it, so far as Your Honour's Power doth extend.  
We want not matter of Clamorous complaint, concerning the hard Usage of our Friend in this close Imprisonment; Where by perdidit patriam, domum, familiam, imo & ecclesiam, cultumque Dei publicum; A manifest Bondage: the Illegal disposing of his Church, immediately on his Confinement, to the depriving of him of all possible means of Subsistance to himself, and numerous Family, and that without allowing him the maintenance, he ought by Law to enjoy whilst His Majesty's Prisoner: And the many tedious chargeable, and (what 〈◊〉 worse) bootless applications by humble Addresses, and ●●…any Submiss Petitions never Answered: But these we ●●…ve, being unwilling to reflect on Persons or Personal 〈◊〉 〈◊〉 and convinced Our Friend suffereth by mistake, 〈◊〉 〈◊〉 ●…pprehension of what he is, and what he hath written; the which being hereby made manifest, we most humbly pray it may, and cannot doubt but it will obtain Your Honour's most Favourable Mediation to the Kings most Excellent Majesty, for the discharge of his long Imprisonment.  
We will not further trouble Your Honour, save to beg Your Pardon for this over bold Address, constrained by compassion to our Friend, and Conscience towards our Righteous God.  
May it please Your Honour, We are Your Honour's most Humble Servants, 

Hugh Griffith.  
Henry Hall.  
James Green.  
Thomas Eton.     

Mr. Croftons' Case Soberly Considered, plainly Stated, and humbly propounded to the Consideration of Just and prudent men.  
MR. Zechariah Crofton, Minister of botolph's Algate, London, now is, and ever since the twenty third day of March 1660. hath been a close Prisoner in the Tower of London, not permitted pen, ink and paper, nor any other way or means whereby to plead his own cause, or vindicate himself from the calumnies cast upon him, by the tongues and pens of violent and unreasonable men; we therefore conceiving ourselves as fellow subjects interested in his restraint: And as men and Christians bound to Plead the cause of the oppressed, and to do as we would be done unto; and observing that trembling, stupendious and God-amazing silence, which hath seized upon such (who in point of duty and ability) are more capacitated, 
Isaiah, 59.16.  and charged to plead the cause of the poor, then are we ourselves, have presumed to inquire into, and represent to others his case and condition, in reference to the cause of his present sufferings, which we are convinced are continued upon him through misapprehension, he being reported and concluded to be, what indeed he is not.  
Although every tongue and pen can now call him by no other name but Traitor, such as have known the man, his principles and practices, yea and suffering; and observed from what persons, and for what cause he received the same, cannot but know he was Conscientiously loyal, and constantly faithful to the King's Majesty and his Interest in these Kingooms; he having manifested the same (beyond all possibility of denial by any) by his retaining his Loyalty and adhaering to the Exiled King, as his only liege Lord, in the very worst of times, under our late Usurpers; in his place and to his power opposing them, disowning their Authority, denying to subscribe the Engagement of fidelity to them, and declaring against it as sinful; dissenting from, and many times expostulating with his complying Brethren, and ever refusing to concur in any Addresle or Application to them: by his Sequestrations, and many sufferings he received from them, for no other cause, than his Loyalty unto his Majesty (than in a low Estate: 
1649: ) by his Sermons preached at Namptwich, at West-chester, at Caherine Coleman and Peter's Church in Cornhill London, 
1659. Vid. Prospering profaneness, and his letter to a Member of the Rump-Parliament.  rebuking the barbarous murder of his late; Rebellion and defection from his now Majesty, and persuading a penitential return of Allegiance to him our lawful Sovereign; the which he enforced with many Pathetical and pregnant persuasive Admonitions, publicly Printed; and the same is made the more legible by the joy of such by whom he formerly suffered, and with whom he now suffereth, who now tauntingly insult over his present sufferings, & upbraid him with his past adherency to his Majesty, saying, Nothing but a King would serve his turn, we hope he hath King enough now; we well knew they who were so zealous for the King, would far no better, than those that were against him. These and the like Evidences of his sincere Loyalty are so notorious, that we should labour without cause and to no purpose, to specify particular proofs, his very enemies, not being able to deny them; That this man retained the same affection to his Majesty after his happy Restoration, we need not inquire into his domestic Expressions of Joy, and daily praises to God, as evidences thereof; the same having been amply testified by his Public Ministry, and the doctrine of Obedience and subjection to the King which he Preached at St. Antholines' Church London, from 1 Pet. 2.13.14.15.16. and the doctrine of Thanksgiving to God for so great a Mercy Preached on May 10. and June 28. 1660. at Buttolph's Algate immediately before, and after his Majesty's happy return, from that Text, 2 Sam. 22.48, 49, 50, 51. And by the Doctrine of humiliation for the horrid Regicide the barbarous murder of his late Majesty, which he preached from 2 Sam. 1.11, 12, 13, 14, 15, 16. On the 30th of Jan. the same year, all which (were they not too tedious for a discourse of this Nature) we had thought to have inserted in these papers six out of those book notes which we took from his own mouth, when he preached the same; Thus much we will be bold to say, that the expressions of his Loyalty in those Sermons, were such as might vie with those who enjoy the most of his Majesty's favour, and administer to all that know the man, matter of amazement and admiration, that he is resolved into such sufferings under pretence of Treason and disloyalty, which must needs be the result of mistake, or unkindness.  
We cannot but admire with what honesty or modesty, men do confound Mr. Crofton with those (because professedly the same with him in ecclesiastics, 
As doth Mr. Tomkins in his Strictures. ) who acted or irritated open Rebellion against his late or present Majesty, (which his Soul ever abhorred,) or who did basely comply under our late sinful, shameful revolutions: with what face can men reflect the odium of these things, upon the person who acquitted his Conscience and Credit, by a constant and public disavowing the one and the other, and in his place declaring the sinfulness of both, and whereof his writings do very plainly show his dislike and detestation, making it his business to vindicate the Solemn League; and Covenant from the least causality of so sad effects, affirming these to have been the perjurious violation of that. We wish the Serious Reader, willing to be satisfied in this particular, to review his Analepsis, pa. 7, 8, 15, 16. Analepsis An elepthe, pa. 17, 18, etc. Berith Antibaal, pa. 51, 52. When we consider Mr. Croftons' constant Loyalty, and confessed vigour, and activity in bringing back the hearts of his Majesty's Subjects, and reflect on his present sufferings, We must confess we are not without fear, that the envious Observation of some of his Majesty's enemies, may cloud the honour of our most Gracious King, with the Oblivion of Joash towards Zechariah the Son of Jehoidah, or the unkindness of Queen Mary towards Mr. Dobson, and the Gospelers of Norsock and Suffock, whom she Imprisoned and Pillored for only minding her of her promise to them passed, for the clearing her passage to the Crown.  
The only matter our best enquiry will give us to understand, or ourselves can rationally conjecture, as an offence chargeable on Mr. Crofton, is, the Affirmation of the Obliging force of the solemn League and Covenant, and in order thereunto observing and arguing the Legislative power of the two Houses of Parliament without the King; These two we confess are Legible in those writings, which bearing his Name in the World, are reputed his; These Books we have heard were Objected to him (without any specification of any thing or word Offensive or Traitorous,) when he was Committed Prisoner to the Tower; Concerning these Assertions we humbly offer these things to be observed, which we conceive to be worthy a due and serious consideration.  
1. First, Mr. Croftons' Affirmation, or rather Argumentation of these principles, was, before the same was Interdicted by ay Law or Authority, and (if without offence we may observe it,) when it was a duty imposed on all his Majesty's good Subjects (required to use their utmost endeavours to promote the ends of the Covenant, and that as an evidence of their Fidelity to God and their King) by his Majesty's Royal Declaration, transmitted out of Scotland, and (which we have heard) was delivered to Mr. Crofton by a Colonel in his Majesty's Army, marching to Worcester, with an express charge to believe and pursue it as his Majesty's express Pleasure: We are sensible the affirmation of these principles is now forbidden by a Law, and is punishable by a Praemunire in such who shall affirm them, or either of them after the 24th of June, 1661. But in Mr. Croftons' Case we cannot but observe, his Act was in August, September and October, many months before the Law which doth forbid it; What is a Praemunire, by the Laws we conceive could be no Treason before the Law was made; Where there is no Law there is no Transgression; it is an advise worthy a King so just, and wise, as was King James his Majesty's Grandfather, and to be ever Remembered by all Princes and Ministers of Justice; Proceed judicially and spare none where you see cause to punish; But let your proceedings be according to Law, and remember Laws have their eyes in their forehead, not in their neck, for the moral reason for the punishment of vices in all Kingdoms and Commonwealths, is, because of the breach of the Laws standing in force, 
Speech in Parliament, 1621. the 19 of his Reign.  for none can be punished for the breach of Laws by Predestination, b●fore they were made: That Mr. Crofton was committed to Prison for this Cause, might be reputed an Act of Prudence; but that he is nor enlarged, now that his Spirit and Principles are under the Restriction of a Law, seemeth to us something hard and unpolitique; the rather for that a Royal command is fairly pretended to have engaged him in this contest, and that he did it before the bring o● that Law, according to which Justice must acquit him if he had been a Transgressor thereof, more than the time thereby directed for prosecution having passed between his Act and Commitment, and more than twice as much since he was confined, and yet no legal process hath passed against him.  
2. Mr. Crofton hath as a Divine Disputant and Casuist, affirmed these Principles as Weighty and Importart, but doubtful and undetermined by any good and Just Authority; He therefore having used the freedom and confidence of a disputant in his discourse, doth conclude his Argumentation with this profession; 
See the conclusion of his fetters.  Might my poor weak papers provoke more serious Casuists, (in good earnest as before God, and in the dread of an Oath,) to state and by right Religious Reason, resolve this case of conscience (though in the negative) I had obtained my desire, and (if I know mine own heart) none shall he more ready than myself to fall down and worship, and confess God is in you of a truth.  
We have not known that in any well-governd Commonwealths, nor can our reason conceive that Logical Dispute and Casuistical Debate▪ (of things weighty, doubtful and not prohibited) was, or could be Judged any crime, much less a crimen laesae Majestatis; We hope we may without offence observe, that the earnest opponents of the divorce of King Henry the 8th, and the Title of Renowned Queen Elizabeth to the Crown of England, or any of them were not for the same Apprehended or Imprisoned as Offenders, until after that the Law, (the mature and deliberate debates by both Universities, all the Casuists in Christendom and the Estates of Parliament, having first cleared and concluded the question disputed,) had duly interdicted the further debates concerning those matters; The Obligation of an Oath, (in which God is immediately concerned,) we think we may say with confidence) is not inferior to the most weighty of these cases; and no man can or will deny Disputation is directed by God and nature, and used and allowed by all Men and Nations (the Barbarous Turk, and in cases of Religion only excepted,) as the only ready and rational means to discover truth, and disperse such clouds as darken the same; Confutations of fury and false witness are registered Comments on the ignorance and impiety of Stephen's Antagonists; and of fire and force is the high dishonour of Queen Mary's Reign, the same better beseeming the wilful, malicious, obdurate Jew, and blind, bloody Papist, then the Rational Religious Christian, and reforming Protestant: whose only Honourable warfare, hath been ever managed (unto good success) by Argumentation, enforced by Prayers, and Tears as their only Weapons.  
3. Mr. Crofton did not first begin and set on foot this Dispute: This controversy was provoked by the Reverend Bishop of Excester Dr. John Gauden; his Analysis sounded the Alarm, and challenged all men (who feared an Oath, sacred in its nature, and the only security of humane Order and Society) especially Ministers (the Guardians of truth, and guides to duty) to appear unto the defence of the (since condemned) Covenant; Mr. Crofton indeed (forward in zeal, and having improved this Oath to the advantage of his Majesty's happy return) did first step forth, and with all sobriety receive, and repel the Bishop's first assault; the which the Dr. enforcing a second and third time, he resisted with more Logical and Theological strength, taking the Principles from Grotius the Civilian; the learned Sanderson now Bishop of Lincoln the Casuist, and Sir Thomas Smith, Horn and Fortescue the Lawyers, best acquainted with the constitution of the Government of this Kingdom; the which he useth as his Medium, by which to conclude his Argument: So that it is visible to all men that Mr. Crofton is defensive in this whole debate; and is no further criminal, then in suffering his Reason to infer, and relate the conclusion, which the principles approved by all men, and asserted by approved Authors do enforce: Civilians do conclude defensive, to be the most (if not only) lawfal War: Our Law and Reason doth conclude in all Quarrels, the offence is in him who gave the first blow, and began the Fray, no man was ever found guilty of Murder▪ or Treason, for killing a man se defendendo; the heat of the Chase, and chance of Hunting, acquitted Sr. William Tyrrel from the guilt of Treason or Murder, though he slew King William the second; and men of Ingenuity will acknowledge it to be a most fair, candid and clear conquest, which is obtained by the Sword of Goliath, the enemies own weapons; whilst premises stand approved, other men will not want Mr. Croftons' reason to infer the conclusion, nor can they think this common Act could be in him a Capital crime: We cannot but acknowledge the Wisdom and justice of our late Martyred Lord, King Charles' the first, who determining to silence the Arminian Controversy (which then disturbed the peace of the Church) did first by his Royal Proclamation call in the Book Appello Caesarem published by Dr. Montagne Bishop of Chichester, as that which was the first cause, and gave occasion to those Disputes and Differences which troubled the quiet of the Church: We dare be bold to avouch it, that if Dr. Gauden had not appeared against, Mr. Crofton had not (in this way) appeared for the (now condemned consumed) League and Covenant, and we hope we shall not have cause to think the Bishop's Analysts was let loose, to Ducquoy the sober, serious, conscientious, and sincerely Loyal Covenanter, into a snare of Destruction, by a Disputation of a matter so weighty, and undetermined.  
4. Although Mr. Crafton may in this Dispute have strained towards one extreme, and seemeth to have attributed more to Parliaments, than what doth appertain unto them, (which is the ordinary infortunium of a Dispute) yet he hath not in these wrighting uttered any expressions of Disloyalty, or disrespect to the King's Majesty, or of advise and provocation, unto tumult and disorder in the people, whereby his Majesty's Person, Crown or Dignity, could be endangered, or the Peace of the Kingdoms be disturbed: But on the contrary, they contain (in the general scope of these writings, besides many particular expressions thereunto conducing) the greatest evidence, and security of Loyalty to the King, and peace unto his people that can possibly be given; as an evidence hereof we pray it may be observed.  
1. Mr. Crofton is so far from abetting, approving, or defending the Rebellion against and usage of his late Majesty, that he doth expressly disown, and damn the resistance of his Authoriry, and violence upon his Royal Person, as a most horrid and execrable Rebellion, a most base and Barbarous Regicide, 
See his Analepsis, p. 8.15, 16. Analepsis, Analepthe. p. 105. Berith Anti-Baal, page 52, 53.  a most odious and perjurious breach of the Covenant: Which he vindicateth from the odium thereof, and affirmeth to have been so far from being the cause or accessory occasion thereof, that it is in itself the most full security and strength unto the contrary, that ever was or could be given: and observeth the same to have been slighted, as an Almanac out of date, before that violence could be acted, or advised, which he determineth to have been a full and formal violation of this Oath by the perjured pack who did pursue and effect the same.  
2. This man is so far from detracting from the King's Sovereign Power and Prerogative: that in these very writings he acknowledgeth the King's Supremacy, in every particular, and in the greatest latitude thereof, ever challenged by any English Prince, and he doth therefore urge the Covenant as consistant with, and enforcing to the Oaths of Allegiance and Supremacy: He affirmeth the Subject's Duty and Allegiance to be absolute, 
Analeps, Analepthe. p. 98 99.103.142.144.  and due without any condition of their own prescription, or indenture; and without any respect to the quality or disposition of the King, good or bad, pious or impious; founded in and directed by simple, naked relation: And he asserteth the King's Prerogative and Sovereign power to be such, as doth exempt his Royal Person, from all imposition of conditions, and from all coaction to accomplishment (of what he condescendeth to assume upon himself) by his Subjects, or any humane Power whatsoever; and therefore this very man doth blame the Scots for indiscretion, and over much boldness, who being Subjects could dare to take the advantage of a straight condition, to put such terms (as they did) upon his Majesty.  
3. Mr. Crofton is in these writings so far from a Seditious Spirit, and provoking any preposterous, heady, and seditious attempts, and endeavours, that he bindeth all men in the performance of the Covenant unto just and lawful endeavours, and that within their places and callings, and therefore he alloweth no weapons against Majesty, save Ministerial Rebukes and Admonitions in the Name of God the King of Kings; Parliamentory advice, proposal & Remonstrance, in the name of his Subjects, or the Collective Body of his Kingdom; and vulgar Petitions and supplications from and by themselves, in reference to their vulgar concernments: 
Analeps. pa. 35. Analeps. Analep pag. 36 66, 67, 68, 69, 100  He disowneth and disalloweth all popular Tumults, and disorderiall Insurrections, and insolences in the Subject; binding unto passive obedience, and quiet submission, all who cannot yield active obedience to the establishments decreed by the King, in Church and Commonwealth; whensoever he doth (as he durst do no other) observe the Wisdom, Justice and Sovereign Power of Almighty God, in permitting, or disposing, the Eruptions and Insurrections of the natural, against, and upon the political Power, or the heady, disorderly, Tumultuous, and Seditious Agitations of the people against their Princes, he passeth not his Observations, without a Notation of the sinfulness thereof; and a manifest expression of his own dislike of such ways, and courses: If this man must be branded as a Preacher of Sedition, we must confess ourselves at a loss, how Truth shall be declared with due respect unto, and careful preservation of Order.  
5. The Affirmation of these Principles, and the Disputation in these Books managed, do very rationally profess Loyalty, to be the Centre (at least a chief part thereof) from which they sprang, and to which they are returned: Mr. Crofton argueth Loyalty as the impulsive cause thereof, 
Analeps. Analepthe▪ pag. 10, 11.  and pleadeth it from such evidences which no sober Christian can, or will deny: We shall not conclude Declarations published under the distress of Royal Affairs, do exactly oblige the King's accomplishment; yet cannot but conceive them to be the Subjects apology, and justification for his pursuit of the Royal Command thereby signified, and not any other way countermanded: We cannot but observe the chief of Mr. Croftons' Books (objected against him as his only Crime) were written before His Majesty's Declaration concerning Ecclesiastical Affairs was published: This man owneth no sense of the Covenant, but what is truly Loyal, and fully securing to the King's Interest and Prerogative: It is very well known he had in Press, and Pulpit, improved this very Principle of the Covenant, to bring back the hearts of the people, to the happy Restauration of His Sacred Majesty; and then he found Acceptance, Approbation, and Applause, from those very persons who now reproach him, and rage against him for no reason, save reasoning the same Principles: We confess, we stand amazed, and cannot conceive with what colour of Justice, that which was an eminent Act of Loyalty, April, 1660. could be reputed, represented, and charged to be an Act of High Treason in September following; no new Law intervening to interdict and so alter the nature of the Act, yet we know tempora mutantur, & nos mutamur ab illis; only we conceive a temporising weathercock humour must direct, or the dictates of new made Laws must drive men into the change of Act, and estate: Mr. Crofton doth often protest Loyalty to be his end in this debate (which now seemeth to be his error) and we have cause to believe it did really affect his heart, whence we find no disloyal Act, or expression to have sprung; and this most Loyal profession, doth not a little demonstrate the sincerity thereof. 
Analeps. pag. 35.  I confess we allow unto his most Sacred Majesty all humble submission, active or passive, whatsoever shall be by Royal Authority established in the Church (though never so corrupt yet) whilst consistent with Salvation; it may occasion unto me suffering, and a suspense of my Ministry, but it shall not effect in me; or such on whom I have Influence, Schism from the Church, or resistance of His Majesty's Right and Authority: and in the further, and more fervent enforcement of this debate, this man declareth, He had rather never put pen to paper, then that his writings should disturb the Peace of these two long distracted Nations. 
Analepsis Analep. p. 2.   
Mr. Crofton may (we confess) have taken into his judgement, some of those errors in polity, which the unhappy breach between his late Majesty and the late long Parliament did foment; yet we humbly conceive malice itself cannot charge these writings (written with so legible a line of Loyalty, and love to peace and order) with Treason or Sedition: Certainly this breath is too sweet to come from ulcered lungs; These Principles and Professions could never proceed from a Traitorous Heart; and all Just men will acknowledge Actus non facit reum nisi mens sit rea: nor can they be charitably suspected of dissimulation, when things antecedent Concomitant and consequent, speak the sincerity of a Loyal breast, or when it is observed that these writings exactly square with that constant Loyalty he retained & expressed in the worst of times, from the first moment of his Majesty's Reign, and never stained with the least of action, affirmation, or compliance when almost all men made defection: Yea this man is so well known to us, that we dare affirm and will be bound to produce good demonstration thereof (whenever he be brought out of his present bonds) he retaineth to this very moment the same Loyal Spirit and Resolution, although the wisest of Kings hath in his experiences made this observation, oppression will make a wise man mad.  
We have read all those writings which bear Mr. Croftons' Name, with as strict and accurate Observation, as we are capable of, and we grant, that in some of them, we sometimes meet with a Political Argumentation, which we could not but judge somewhat excentrical, and out of his sphere as a Divine; did we not consider all Arts and Sciences are handmaids to Divinity; and not only useful, but necessary unto a Casuist, who must weigh circumstances before he can give a right, clear and convincing Judgement to satisfy the Conscience: and we find this man to urge the same Casuistically, and in answer to the Objection of those, against whom he doth dispute; we hope it is not more out of Mr. Croftons' way to Answer, than out of his Antagonists way to Argue from Principles in Politics, or the political constitution of the Kingdom: If his fault be that he stepped out of his place, we only pray it may be observed, he was drawn out by the pursuit of his Adversary, and martial Law will allow the man to pursue beyond his bounds, (provided he retreat in time) who may be justly punished, if he leave his place to assault the enemy, and yet,  
The matter of Mr. Croftons' Political Arguments hath been proposed to the Consideration of the Learned in the Law, and they see not any Crime or Capital Offence to be in them, any of them, or all of them put together; much less can they charge it to be Treason, the which the prohibition doth only punish with a Praemunire since the 24th of June, 1661.  
Our ears have been alarumd with the loud clamours of Mr. Croftons' Treason, every scurrilous Pamphleter can better Proclaim, then prove him a Traitor; Every simple Calculator of the Almanac Observations, can more easily calendar his commitment for High Treason, then give the least convincing evidence of his guilt: We have bestowed our money upon these Pamplets, which insult over him in this day of his Affliction, and confess we find in them big words, (preterea nihil,) venting themselves with the highest malice and greatest rage (the event as yet excepted,) that ever was expressed (against a man so innocent,) since the stoning of Stephen: Insomuch that we cannot but suspect it to spring from the same root, and to be an effect of the same Cause, the rather because when we would know the particular matter of his Treason, we find his violent accusers are not agreed among themselves: all indeed place it in words, for which the learned say there is no warrant, (unless in some special opinions relating to the Pope, determined by some special statutes,) but they are divided as to words.  
Some tell us his Treason is for saying, the Parliament had a Legislation without the King, but this is only punishable by a Praemunire since the Law was made, which maketh it criminal: Lestrange fixeth his Treason in these words, The Lords and Commons were a lawful Authority, yet we find no Law which hath determined a crime in this position, much less a Treason; we find Mr. Croftons' Assertion thereof to be very cautious, and so well grounded that we can scarcely yet believe the same will be Judged an error by any sober, serious Englishman: being verified by the daily practice and usage of Pa●liament: for our parts we must confess we dare not deny the Solemn League and Covenant to have been burned by a lawful Authority, and yet we do not know any Act of Parliament with a full, formal assent of the King's Majesty which did direct the same: And we fear, if we should yet presume to disobey any Resolve, Vote or Order of one or both Houses of Parliament, or condemn and resist the execution thereof by any other; this plea such Vote or Order was defective as to lawful Authority, (not coming in the formality of an Act of Parliament, and a full Law with a Le Roy Le ve ult) would not acquit us from the contempt of the Authority of Parliament: And yet we cannot but observe Mr. Croftons' Assertions concerning the Authority of Parliament, to be no more than this, that it was lawful and sufficient, not full and complete, without the express Royal Assent, 
Analeps. Analepth. Pag. 113.  and that also under these two express qualifications, a Parliament rightly constituted, and during their Session: he never Judged any self-constituted assembly, or convention packed by a usurping Tyrant, to be a Parliament, nor any Vote, Resolve, or order of Parliament to have in it any thing of the nature of Law, or Authority, (save to descend what was executed by virtue thereof the Parliament sitting,) when the Parliament is Dissolved: his words are these, A Parliament duly Summoned, regularly elected and returned, rightly constituted and readily embraced by King and Kingdom; 
Analeps. Analepth. Pag. 116.  can any true Englishman in any measure acquainted with the constitution of this Kingdom, or the Authority of the High Court of Parliament deny these to be a Just and Lawful Authority, to resolve, order, and enjoin, yea and to execute their resolves, orders and injunctions during the being of their Power, though not to establish Laws to be executed when they are dissolved and gone: And in every of his Books we find him often deny the two Houses to be full and complete, though he affirm them a lawful and sufficient Authority: Sure Mr. Lestrange will not deny Lawful Authority to be a Subject capable of majus and minus, and such as may admit of degrees; if Mr. Crofton be in this point in an error let any man by good demonstration correct him, we will undertake he shall not by obstinacy appear an Heretic in Politics, but if his confutation must be only rage and violence, we desire Mr. Lestrange will let us know that English Law, which hath determined Treason for any man to think, say, or write the Lords and Commons assembled in Parliament are a Lawful Authority, and then we may be convinced Mr. Crofton suffereth as an evil doer, but till then we must let him know railing is no reason, not doth it become a man.  
Mr. Tomkins who at length appeareth to rescue the Oxford Reasons from the force of Mr. Croftons' Arguments; doth leave the Learned Authors thereof under their observed defects in Logic, History, Politics, and Divinity, and as one whose pinched reason breaketh into passion, (in heat of anger) provoketh a more severe and bloody moderation than his Antagonist hath yet met with, crying out, Mr. crofton's saying that the Parliament ever retained a Jurisdiction over Church and Crown in short is High Treason.  
How much the University of Oxford are engaged to this their Valiant, Learned Defendant, we leave themselves to Judge: how much he hath bettered the cause under contest let sober men Judge: with what ingenuity, candour and clearness he hath taken up and confuted Mr. Croftons' Arguments, let any Sophomore, yea Freshman or ordinary Logician Judge: and how fair an Adversary he is, that alarumeth the hand of Justice against his Antagonist, let Just and Wise men Judge: we are not now to Animadvert his animadversions, but to Apologise for our oppressed, defamed Friend, who cannot do it for himself: and herein  
We would give this confident Gentleman hearty thanks to clear his charge of High Treason, for we would not plead for it if we knew it, or could perceive it; But we yet think this is but one Doctor's opinion, more visible to a Fellow of All-Soules in Oxford, than a Barrister or Bencher in the Temple, near London. This Fellow professeth himself a Reader of Cooks Institutes, and that Learned Lawyer telleth us there is no Treason but what is determined by the Statute of the 25th of Edward the 3d, and we find not this assertion forbidden therein, nor any Opinion determined, and Declared by that Statute to be Treason: This learned lawyer concludeth that Treason must be Factum not Dictum, words may make an Heretic but not a Traitor, we must confess Oxford Disputants have Determined Heresy in their Opponents, he is the first of that learned University, who hath presumed to declare Treason.  
We are sure these words make no immediate, and direct assault upon his Majesty's Person, Crown, or Dignity; and the Lord Cook abandons all Glosses, Inferences, Interpretations, and consequences to be made by Judge or Counsel, in Cases of Treason.  
Judge Jenkins guides the Judgement of Treason by the very Letter of the Law, for that in Criminibus a verbo Legis non est recedendum: And we cannot conceive how an Observation of past Acts, can be Treason in the Logical, or Historical Observer: Mr. Crofton noteth the Parliament retained in times past; He doth note the Fact without any determination of the jus and right of such retention; we would advise this Fellow to repair to All Souls, and reflect on his own Thoughts; and resolve us, that the Treason is not more in his own fancy and imagination, then in Mr. Crofton his expressions; we find he doth throughout his Book mistake the Person, which maketh us suspicious he misunderstandeth the position: on this man he reflecteth the odium of the violence of the Visitors in Oxford whom Mr. Crofton knew not, and it is disputable, whether he was then in England: The defection and compliances under Queen Richard and other Usurpers, which Mr. Crofton ever denied, resisted, and detested, when some who then were, and now are most zealous complyers urged him, with this convincing argument these times affords few Martyrs: and the purchase of Church Lands whilst Mr. Crofton would not take when he might, a living out of which he knew any man to have been Sequestered: He whose heat of Passion doth engage him to misread the Person, may well misinterpret his words, as indeed we observe he doth, understanding King by Crown, and Sovereign coercive, destructive power by jurisdiction: it is no hard matter to make a Traitor, if envy may interpret a man's words; we hope Mr. Tomkins will not take it unkindly; if he be excepted against, as to his being Judge, or Jury which shall pass upon Mr. Crofton.  
That we may not run into the error we rebuke in any other, we shall not presume to give our apprehension of the loyal sense of these words, so positively charged to be High Treason; but shall make bold to present you with Mr. Croftons' own exposition of them declared in a Letter written to some Friends, who desired to understand his sense and meaning therein: All men will allow him Waterford Law as the best and only expositor of his own words, subject to misconstruction.  
These words [the Parliament ever retained in themselves a Jurisdiction over Church and Crown] are so far from Treason; that they will not be found an error in politics; if that rule be true which cannot be denied, generalia generaliter sunt intelligenda: I fear you mistake the sense of every word in this short Sentence, and that you conceive Crown doth signify the King, as if these two were not separable; and so known to be in our Laws: And Jurisdiction doth signify coaction, as if Coronae jus dicere did necessarily signify Coronatum cogere per asperte; the which is a Sense inconsistent with, and contrary unto the King's immunity from all humane coaction, which I have expressly asserted in this very Treatise; You here understand Parliament, to signify the Lords and Commons abstracted from the King; which sense this place and case doth not necessitate, though I do sometimes so use that term: For Parliament here is opposed to Pope, and is noted to be the Subject of full and complete Legislation (which I never do attribute unto, but do always deny, the two houses) unto the extendiag the prerogative of the Crown by the statute 1. Elizabeth: or restraint thereof by the Statute 17. Carol. in both which the King was a part of the Parliament: Learned men should expound the Text by the context; and in Reading a Treatise make one part expound another, and know, no Author is to be judged by the sound, much less by the seeming consequence of a single sentence: And now Mr. Tomkins where is Mr. Croftons' High Treason? And yet we will not fear to let you know that admitting your sense of the term Parliament, abstracted from the King there is nothing clearer in the political Constitution, and Administration of our Kingdom, than their retained jurisdiction over the Crown; We do not, nor did Mr. Crofton say over the King, the Subject of the Crown; we will not run you for proof hereof into the Histories of Foreign Countries, or our own Saxon times, in which we find this Jurisdiction larger than Mr. Crofton doth assert it; but nearer home and hand be pleased to consider,  
1. King John yielded by consent of the Barons (saith the Record) the Crown of England unto the Pope of Rome to hold it from, and under him; who often demanded the Surrender of it, but was answered the Parliament must give it; In Anno. 40. of King Edward the third, upon the Pope's demand of the Crown of this Realm, the King appealed to his Parliament, who judicially determined it was not in the power of King John, nor any other King of England to dispose the Crown; but in the sole power of Parliament.  
2. The claim to the Crown made by Richard Duke of York, against King Henry the sixth, having reigned twenty eight Years, was by both parties, submitted by appeal, unto the Judgement of Parliament; who determined for the Duke; yet continued the Crown to the King, during his life, on condition of good behaviour towards the Duke, and in either case the Duke or his heir to possess it.  
3. The several Successors in the strife between York and Lancaster, submitted the success of their Sword, to the censure of Parliament, as their only security to the Crown; the Acts of one Parliament binding until discharged by another, hence it is that the Statutes of that Age recorded in Speeds Chronicle do teach us this Doctrine: the Court of Parliament is of such Authority, and the people of this Land of such nature and disposition, (as experience teacheth) that the Declaration or Manifestation of any Truth or Right by the three Estates (Lords Spiritual and Temporal and Commons saith the Statute) assembled in Parliament, and by authority thereof, maketh before all things most Faith, and certain quieting to men's winds, and removing all doubts.  
4. The Parliament did Bastardise and Legitimate the Children of King Henry the eighth, and they by their Authority enabled him to dispose the Crown to, or from his Children, with and under what conditions he pleased, adjudging any his Children assuming the Crown, otherwise then by this Authority, to lose their Right, and be judged Traitors to the Realm, whence it came to pass that Edward the sixth, Queen Marry, and Elizabeth did hold and enjoy the Crown, by Authority of Parliament, and the Title of the last being questioned, produced the Statute 13. Elizabeth, which made it Treason during the Queen's life, and loss of goods after her Death, for any man to deny the Authority of Parliament to direct, dispose, limit, or restrain the Crown.  
5. Statutes of Recognition have ever been reputed the only riveting security to the Crown; and certainly these signify more than a State Compliment, and although they pass in the same Royal Formality, with other Laws, which concern the Subject; yet it must be confessed they receive strength by an Authority in this respect abstracted from the King, as do the Statutes providing moneys the only support of the Crown.  
6. If we should ask Mr. Tomkins who in the defect of Heirs hath Jurisdiction over the Crown, would he not dare for fear of Treason to say the Parliament, Bishop Bilson saith it in express terms; and that not only for our own Kingdom, but all others also.  
7. Before Mr. Crofton be condemned as a Traitor for saying the Parliament ever retained in themselves a jurisdiction over the Crown, we hope the conclusion of our late Martyred Sovereign King Charles the first (who well knew the constitution of this Kingdom, 
His Answer to the 19 Propositions.  and the extent of Royal Prerogative) will be denied, for he affirmed the Power legally placed in both Houses is more than sufficient to prevent and restrain Tyranny, which must needs import a large Jurisdiction over the Crown.  
8. When we consider the Courts of Judicature, in Westminster Hall, do conclude judicially against his Majesty, in many Suits brought by him in Right of the Crown, against the Subject; and by the Subject against him: We cannot imagine it Treason to say the happy constitution of England's Government is such that the Courts of Justice have a Jurisdiction over the Crown, much less to say the High Court of Parliament hath it.  
If an Observation of Fact, without any assertion of Right; If the Sound of a Sentence capable of a most Loyal Sense; If a Position proved by constant Practice be Treason, we must leave Mr. Tomkins on the Bench, and Mr. Crofton at the Bar to receive his doom, but cannot deny our assent unto the Observation of the Statute, 1. Mariae, discharging the Laws which made words Treason: Those Laws are grievous which are so made, that not only the Rude, Ignorant and Unlearned, but also the learned and expert people minding honesty are often and many times trapped for words only, without other fact, or deed.  
We have with the most exact diligence we are capable of, Enquired and observed the reports of men, that we might be satisfied what is the great matter which causeth this man to be kept in so severe a durance, and some tell us he was ever Turbulent, and not quiet under any power: unto which we answer,  
We presume his Turbulence, under our late Usurpers (being the Act of his Loyalty to his King, restlessely endeavouring his happy Restauration) is not now supposed his crime, or any agravation thereof; The men who do now condemn him, did account it is duty, and honour when others were sinfully quiet, and we see not any difference between this in him, and Jehoiadas endeavours against A●haliah, and for King Joash, save the one enjoyed the Comfort, Peace and Liberty of the effect, whereof the other was and is deprived: His Turbulence hath ever had Sin for its Object, Ministerial rebuke preaching or writing for its only Act and Expression; Which of the Prophets or Apostles were not? What Faithful Minister of the Gospel is not? can or dare be otherwise then thus Turbulent? This is not only Lawful, within his place and calling; But the Indespensable duty thereof: Elijahs must thus trouble Israel, and Amos Alarm the King's Court, cost what it will or can: If he have ever appeared in, advised, or abetted, any Seditious Tumult, Rebellions Insurrection, or Traitorous Conspiracy, we leave him to himself: But Tertullus himself is not able herein to charge him, and other Acts of Turbulence, will subject them to trouble from the Lord, who do therefore trouble him, as a thing most righteous.  
Some clamour against our Friend as Seditious, and Treasonable because against Episcopacy, and relying on that maxim, no Bishop no King: Conclude he cannot be a Friend to the King, who is an enemy to the Bishops, to which we answer.  
Such as know him, and have read his Writings, will find if is clamour is not true, for he professeth for Episcopal Degree which is much as our sober Reformers ever challenged, or our Learned Usher approved; He is indeed against Papal Hierarchy, and that Episcopacy which was the step and seemeth the support of the man of sin, but suppose the utmost, his Opposition is purely Argumentative, and is but ill resisted with Rage and Violence.  
No Bishop no King may be a maxim of State, but we have not known it to be a Principle in our Law, we have not heard of any Statute which hath so conjoined the Mitre to the Crown, as that a disrespect to that, must needs be reputed, and punished as a Treason against this; We hope we shall not offend if we say that is a sad Government which pretendeth to Divine Right, and yet hath no uphold or guard but Violence and Oppression of Reason, urged against it, and cannot silence a Disputing Antagonist, otherwise then by a close Prison.  
We have heard a third cry, Mr. Crofton Preached against the Bishops, and provoked the opposition of them by fire and blood; to this we answer,  
We heard the last Sermons this math did Preach, and can give the true account thereof, wherein we desire it may be noted,  
1. He went not out of his way to fly in the faces of the Bishops; He had purposed a full exposition of the first Epistle of Peter in his Lectures at Antholins London, in pursuit whereof, he proceeded so far as to the last words of the second Chapter; And observed the Lord Jesus was the Shepherd and Bishop of our Souls: In the Explication of this Position, he enquired how? and by whom the Lord Jesus Christ did Execute this his Pastoral charge, and Episcopal Office, in and towards his Church? And Resolved and Asserted, the Lord doth execute this Pastoral charge and Episcopal Office by his Ministers, all, equally Authorized, and without any such Order or standing function of an Episcopus Episcoporum; The which having demonstrated by considerable evidence, and answers to Objections, he did press on his people, as a truth considerable to be understood, as relating to Christ's Royalty, as King of his Church, and closed with this Observations in these express Terms, There seemeth unto me an Emphasis in those words, Rev. 11.7. Relating to the two Witnesses, when they shall have finished their Testimony: These words seem to relate no less to the matter, than the time of these witnesses Prophesy, (viz.) That they must bear witness to the last punctilio of Christ's Pastoral charge, and Episcopal Office, before they were slain: we all know this Shepherd and Bishop of our Souls, to work out our Salvation by his threefold Office of Prophet, Priest and King: And I cannot but observe each of those (besides the general assault and opposition of the whole) hath had a particular and special conflict in the World, and hath constrained an open and Public Testimony, from Christ's Church in the fire and with their blood:  
In the first Age of Christianity the great and special Question was concerning Christ's Prophetical Office, whether the Scriptures or the Oracles of Apollo, Traditions of the Jews, and Delusions of Impostors and Haeretiques should be received obeyed? and we well know in what fiery Trials and with what fearful sufferings the Sheep of Christ did hear his voice, decline strangers, and witness against them: this Office was no sooner rescued from violence, and established in the World by the blood of the Primitive Martyrs; but Christ's Priestly Office was by the working of the man of sin denied and darkened, the great controversy in the Catholic Church concerned the one Mediator, and High Priest, the one Sacrifice once only offered; or others made coequal with him, if not preferred before him, and how long and bloody conflicts were under-gone in the same the Histories of our Progenitors and Smithfield Flames do plainly show: this Office was scarcely rescued from violence before Christ's Kingly Office cometh on the Stage, and calleth for the Testimony of the Saints that the Government is on his shoulders administered by his own Officers, and Ordinances; and this must be attested in the greatest Tribulation; saddest Sufferings in fire and blood that can befall us.  
In this whole Discourse Mr. Crofton mentioned not fire and blood, in any sense but passive, as doth the Apostle, Ye have not resisted unto blood, Heb. 11.4. and disowned all actions unto fire and blood, which at any time were or should be attempted on the pretence of Christ's Kingly Office, declaring his detestation of that Mad, Treasonable Rebellion of Fenner and his Fellow real fanatics, which had lately passed to the scandal of the true Religion: these things our ears heard, and therefore do we testify the same, yea and some of us wrote the same from his mouth (in characters) as they were by him spoken. Had Pagan or Popish Priests heard this Doctrine, and cried out Treason or Heresy, it had not been strange; but the outcry of Christian, and Protestant Bishops doth make us admire, and stand amazed.  
These things considered, we humbly offer it to the consideration of Just and Prudent men sincerely affected to his Majesty's Government, whether Mr. Crofton (what ever hath been suggested or clamored against him) hath done any thing worthy of death, or of bonds? and whether his enlargement, and restitution will not much more conduce unto the honour of his Majesty's Government, than the continuance of him in bonds, to the undoing of himself, wife, and seven small children, by the expense of his poor Estate already wasted; and the real prejudice of his health, and ruin of many souls which might be saved by his Ministry? the liberty of the Subject being fully secured by many Ancient and later Laws.  
FINIS.