AN EPITOME OR BRIEF DISCOVERY, FROM THE BEGINNING TO THE Ending, of the many and great Troubles that Dr. Leighton suffered in his Body, Estate, and Family, for the space of twelve years and upwards. Wherein is laid down the cause of those Sufferings; namely that Book called Zions Plea against the Prelacy, together with the warrantable Call that he had to the work: And also, the hard and heavy Passage of the Prelates proceed against him, in the high Commission, and Star-Chamber. And lastly, their invective speeches in the said Court of Star-Chamber; from the Impeachment whereof, and the Accusations charged upon him, he vindicates himself by a just Defence. To you it is given in the behalf of Christ, not only to believe on him, but also to suffer for his sake, Phil. 1.29. These are they which came out of great tribulation, etc. Rev. 7.14. Tot mala sum passus, quae si comprendere. LONDON, Printed by I. D. 1646. TO The Right Honourable, the Lords Knights, Citizens, and Burgesses, of the Court of PARLIAMENT. Right Honourable, and high Council of State, AS I acknowledge it a rich mercy from God, that he hath accounted me worthy, (though unworthiest of myself) to suffer any thing for the Name of Christ; * Acts. ●. so this addeth to the setting off the sufferings, that by your Order, and under your Authority (Right Honourable) this Epitome thereof (and but an Epitome) is published to the view of all, many of whom, yet alive, were Eye-witnesses to my nflictions. And as it was a part of Paul's happiness (though a prisoner) to plead before Aggrippa, * Acts 26.2. so I account it a singular favour, that you (more expert than Aggrippa in the Truths of Christ,) have heard pleaded, and adjudged me and my Cause, with so full and satisfactory a Judgement, that nothing can be added, but Execution: And therefore with humble and hearty thanks, give me leave further to entreat your Honours, that with Christ, and for Christ, you would finish the Work that the Father hath given you to do, * John 17.4. And for my particular, as you have broke my bonds, and brought my Weatherbeaten Bark to Shore, so I am confident, you will not suffer me to perish in the Haven, Nam turpe laborantem deseruisse in portu non fraginum facere. To the compassionate Reader. AS thou hadst a Sympathy in my sufferings; so thou enjoyest a share of my deliverance: The servants in the Parable, when they see how cruelly their fellow-servants were used, even by a Fellow-servant, as it is said, they were very sorry, and came and told their Lord all that was done. * Matth. 8.31. So according to the Application, when you did see and hear, * Clem: Alex: lib. hat unparallelled inflict●ons were done upon me in bitterness of soul, you went to God, the Father of Spirits, and with many tears and supplications laid out the Matter before him; neither was it in vain, for your prayers and tears were stronger thou Jeremy's Rags to pull me out of the Dungeon. Now this Book is not only libri mentis, as one of the Ancients * sicut frumentum gemin● molarum opere curatum, Hyer. speaketh of Books. Fut it is also libri afflictionem, & mentis & corporis, the Offspring of Affliction, both of Body and Mind: Let the use of it be threefold, for me, for you, and for the Afflictors, so many as live; For myself, as I must labour in thankfulness to be (as a Father speaks) * Heb. 12.10. like the Wheat that comes from between the two Millstones, tried, and purified. Or with Paul, * Prov. 23. 2●. more and more partaker of his holiness. In you, it may stir up confidence, and resolution, to buy the truth at the dearest rate, and not to sell it. The Gold of Ophir cannot equal the gain of sufferings for Christ; As no man knows the sweetness, joy, and honour, that are in fight the Lords Battles, but he that hath been in the Field; so I way say (though it may seem a paradox, Here are Grapes of Thorns and Figs of Thistles. Lastly, it may be of use to my Tormentors, so many as live, or at least to some of them; of whom, I say from my heart, O! that they might live. If these men have not cast off Man, in regard of this Treatise all sprinkled with Blood; they cannot but relent: If they would act Zacheus his part, humble confession, and due satisfaction; They might have ashare in Zacheus his Portion. But if against God and Man, they will stand out without Bowels towards my necessities, and repairing of my wrongs; then I desire them to take notice of that speech of the Apostle, 2 The s. 1.6. that the righteous God will recompense Tribulation to those that trouble his. For the Spirit calls it a righteous thing so to do, and that righteous God in part hath done it; And though the Laws of God and Man call for revenge of Innocent Blood; yet I refer that to them, to whom God hath committed the Sword. An Epitome, or brief Description of Doctor leighton's troubles, for the space of twelve years, and upward. AS the * justin. ●is●. lib. 6. pag. 114 Ancients of Sparta opposed themselves strenuously in the gates of their City, against the whole Theban Army, under the conduct of Epaminondas, intending to surprise the City: so some of the better sort, both of City and Country, came to my house at Blackfriar's, desiring my advice concerning the presentment of their grievances to the high Court of Parliament then being, in Anno 1628. and that by way of Petition. In the generality of the subject whereof all did agree; namely, the Prelates, who looked like nothing more than the surprisers, yea and sackers of the Church and State; and that in a more cruel and unnatural manner, than the Thebans did against the Spartans', and under a more impious and bloody leader, namely, the Man of Sin, than was that noble and generous General Epaminondas: but in the particular extent or degree of enlarging their desires they varied: Some would have the power of the High Commission abated, some a mitigation of the pressing of the Ceremonies, some, that the Ministers might not be so enslaved; some, that the tyranny of their Courts, troubling of people, and exacting of Fees, might be taken course with; but the queree coming to me, my simple opinion was right down, for Extirpation of the Prelates, with all their Dependences, and Supporters: my reasons against that course was, that the lopping of the branches had done no good, the striking at the root, would make all fall together. Frustrafit per plura, quod fieri potest per pauciora: Many works in one saves labour. They desired me to frame the Petition, which I desired rather should be done by some other, but at their request I set upon it, and in two hours I drew up that Decade or ten Positions, the subject of the Book. Which Positions contain the reasons of my advice. That night we met according to appointment, where the Positions being read, they told me, if I could, and would prove those, I should exceedingly deserve of the Church and State. I replied, that I could not attend it by reason of my Calling; some other might be found both more able and better fitted with helps; I was almost split upon a former employment, and none to hale me to shore. Lastly, I conceived I should have more fists about mine ears then mine own, if that work came to light; but notwithstanding of all these fears and doubts, their importunity and my willingness, (though in much weakness) to bring any thing to the Public Cause, prevailed with me, and I framed up the proofs, which being perused, gave full satisfaction: they desired me to go beyond the Seas, and publish it; which I told them, I neither could, nor would do, without the review, and approbation of the Godliest, Learnedest, and most judicious of the Land, both Ministers, and others: by such parties the thing being approved, some whereof were Parliament-men, I desired their hands to it, which they freely granted, yea (as I confessed in my Examination to the Attorney General) I had 500 hands to it. Away I went, and published it beyond Seas, being both a chargeable and painful piece; and because some might think that I might aim at gain, if any did so, they might answer themselves, the fiery heat of the Work would burn up the gains; but to answer more directly, I profess I had in all but 50 pound of some private friends for the defraying of all charges, which was but a poor pittance of that which it cost me; besides, mine own charges, the thing itself cost me triple, to hasten it to the Parliament, besides the intermission of my calling. And being done, the Parliament had two of them sent over by a friend; but the Parliament being dissolved, I shut up shop till a better time; but fearing to come over (for the Prelate had his Spies there) I gave order to my wife to put away my house, and householdstuff, which was done to our great detriment: but in July following I came over, we set up house again, which being scarce fully furnished; and wherein I had not been above six weeks, when on the 17. of February 1629. coming out of Blackfriar's Church, Cross and Tomlins two High Commission Pursuivants, with many others with them, by an High Commission Warrant, attached me, and dragged me with great force and violence to London-house, where I remained until 7. of the Clock. When the Prelate returned from Fulham with Doctor Corbet in his Coach; Cross made a show to bring me before the Prelate, but he meant it not, for they carried me through a subterranean-way, opening up a door (as they said) not opened since Queen mary's days, and having brought bolts to put upon me, they carried me with an huge multitude of Bills, and Staves, to Newgate; in the entry whereof they had almost killed my Wife: and there they cast me into A nasty Dog-hole, full of Rats, and Miee, no light almost but from the uncovered Roof, no place but the ruins of an old chimney for fire, affording me neither meat, drink, nor bedding; so that I had been between the Tuesday at night, and the Thursday at noon, without food. Two doors were shut upon me, and none suffered to come at me. The sum of all this is in my Petition to the High Court of Parliament, and also in my Answer to the Star-chamber Bill. CHAP. I. THe third day of my Imprisonment, the keepers called me out of the pit, where I was humbling my soul before God, and brought me to an upper Chamber, where seven or eight of the High Commission, with the Clerk of the Register, were set at a Table. After an interview, and some pause taken; Sir Henry Martin began to regrete my condition, speaking more of my parts, than I was capable off; withal he told me, that they were come to examine me. I answered, that it seemed unreasonable to me, to endanger a man's life by so close, and hard Imprisonment, and then to examine: but I desiring to know their authority, and whether they were not of the High Commission? they answered, yea; I replied, that I could not, and therefore would not be examined by them; and that for these reasons. First, because by an unlawful warrant, they had violently cast me into a loathsome Prison. Secondly, both the Laws of God and the King, do forbidden them to meddle with the body or goods of the Subject; whereupon the Commission under Seal being produced, and laid upon the Table, Sir Henry Martin told me, that himself and Doctor Reeve had order from the King, to take mine Examination. I replied, that it was more than I knew: but howsoever, if they would lay aside their Commission, and by virtue of the Kings command examine me: I would answer them. Not so, said Sir Henry Martin; then said I, not so neither as you would, will I be examined. You will not, said he, be examined by any, but by the King. That is your Assertion, say I, and not mine, neither have you any ground for it: for if it please his Majesty to send his meanest Footman with a lawful Warrant, I will obey without more ado. They brought out two Books, demanding of me if they were of my doing; I replied, that neither directly, nor indirectly I would answer one word, ut sub judice. Sir Henry Martin asked me then, since I would not be examined, if I would spend some time in discourse with them; I answered, with all my heart; so they would not lie at advantage to ensnare me. Sir Henry Martin said, that they would not: I told them that the world knew that the Looking-glass of the Holy War, was mine; and I had suffered much from them, unjustly for it: and as for the other Book, I would acquit myself in that, as a lawful examiner should occasion me. The Clerk offered to write those passages; but I told him, he should not, for it was contrary to covenant; so Sir Henry Martin caused him to forbear; and laying by all their tools, we fell to other matter. Sir Henry asked me what I thought of the King's Supremacy. I replied, that if I should be put Legally to it; my answer should give Caesar that which was Caesar's. I told him further, that being a Scholar, and a great Civilian, he could not choose but know; what both Divines and Lawyers, (Popish and Orthodox) had delivered concerning that: he replied, it was true: neither was he so gross, as to think any King or other Man to be Head of the Church; only he did hold the King to be Sovereign and Supreme Governor under Christ. Then (said I) Sir Henry you have answered yourself; but of this further in mine Examination by Sir Robert Heath, than Attorney General. From that he fell to ask me, what was the reason that I did oppose the Hierarchy so vehemently. I replied, true it is, I have ever opposed them, since the Lord called me; but I protested, and that truly, it was not out of hatred to their persons, though I and mine had suffered by them: nor out of envy to their places, whence their wealth, honour, and case might accrue: but first, because their Places and Authority are not of God. Secondly, because in executing of their Places, they take more upon them, then either the Law of God, or Man, alloweth them: to the prejudice and abusing of the King's grants, the heavy detriment of the Subject, and the highly endangering of themselves: and this I offered to make good: and as for their persons, I told them, I wished them as well as myself. What? said Sir Henry Martin, if it be so, we are all mistaken; do you not think that they are of God; Nothing less (said I) neither think I that they think themselves so, if they will impartially examine their own hearts: for they know those thoughts to be contrary to the Word of God, the current of Humane Writers, and to their own Peremptory Assertions in their own Works, written by them for their defence. Yea, said Sir Henry Martin, but I will prove it thus, is there not superiority in a Civil state; and was there not superiority in the State Ecclesiastical, under the Jews: Witness Aaron● superiority over the Priests, so that he reasoned thus in effect, Aaron was over all the levitical Priests. Ergo, Bishops by Divine Right should be over Ministers. For all my pressures, I smiled to hear their Champion for the time; beat the brains out of their cause, with a beam of their own making, or of the Popes; withal I told Sir Henry, that his Anticedent and Consequent were of so deep distance, that all the Learning in the World, could never make them meet. Yet he set a face to prove it, by a connex Proposition; If Aaron were over the Priests, Then Bishops should be over Ministers, etc. I denied the Connexion, and told him that all the learning amongst them could not advance that Argument one foot; nor no more they did; but being at a stand, I told Sir Henry Martin that he could not of all the Quiver, have chosen a deadlier shaft against themselves; as should appear by the retorting of the Argument thus. Aaron's Priesthood was superior to the rest under the Law. Ergo, No Superiority in Ministerial function should have place under the Gospel. The sequel I prove thus. That which was in form of a Type of Christ under the Law, must have no place under the Gospel, because it is done away. But not only the Priesthood, but also the superiority of Priesthood, or Ministerial Function, was in form of a Type under the Law. Ergo, Superiority in the Ministerial Function, must have no place under the Gospel. The Major I cleared both from proof and reason, as Collos. 2. vers. 17. Yea the Author to the Hebrews speaks particularly to the point, as in Hebr. 7.11, 12. The Minor as it is undeniable, so he had granted it by way of quere: yea, the Papists themselves grant both in express terms, in the forequoted place to the Hebrews, That the levitical office in Aaron, and other things were figures of Christ's death, and to be ended and accomplished in the same. I shown how I could make good the Argument from the testimonies of the Fathers; as Cyprian speaks punctually to it, citing the words of the Apostle, Let a man so account of us, as of the Ministers of Christ, and Stewards of the Mysteries of God, 1 Cor. 4.1. Paulus Apostolus (saith the Father) aequales habere voluit Sacerdotes, cum dicit, sic nos existimet, etc. The Apostle Paul will have all Ministers to be equal; when he saith, Let a man esteem of us, etc. Doctor Willet useth the like Argument, by way of retortion against the Papists, bringing Aaron and his ornaments, for a warrant of their Mass, Church-Musique, Vestments, and the like; because (saith he) these were in God's worship then, therefore they should not be now. The premises being thus invincibly proved, Sir Henry for a while was silent; but at last broke out to his Fellow-Commissioners in this sort; Gentlemen, I can go no further, and I assure you if it be thus, you may burn all your Books. The three Deans, or Parsons, or what they were with the Doctor, sat still mute as Fish, not answering one word. By God's mercy, truth thus prevailing; Sir Henry began to touch on an old Calumny, Doctor (saith he)▪ you are a great Conventicle-keeper (as they say.) To which I replied, Sir Henry, you know in your conscience I am no Conventicle-keeper; and as I hate the thoughts, and occasions of impious and illegal contrivements; so if the Law were granted me upon any Subject that should thus charge me, he might smart for it. Hereof it shall not be amiss (according to my simple knowledge) to say something for the clearing of God's people, and good duties. First, against God's people, for the performance of such duties there is no Law, Statute, or Command; Sect. and where there i● Law, there is no transgression. Secondly, it is both contumely, and injury, against God and the duties; and a wresting of the Law against Conventicles, to urge it against the said performances: since it is against the extent of the Law, and the intent of the Lawgiver, witness both the Commission of Peace, giving power to inquire of Conventicles, which are said to be against the Peace: and also divers Statutes made against Conventicles, containing the punishments of offenders therein; as 1ᵒ. Mar. cap. 12. 1ᵒ. Eliza. cap. 17. these are called Unlawful, and Rebellious Assemblies; including all Ron●s, Riots, or other confederacies, whether sine armis, or vi armata. The former Statutes, and many other speak fully against them, under these names, and divers * 13. Hen. 4ᵒ cap. 2.2. Hen 5ᵒ. cap 8.19. Hen. 7ᵒ. cap. 23. other; where they are called, Rebellious Insurrections, and Rebellious Assemblies; with these, I might cite divers Authors, as Dallison, * 2. H. 5ᵒ. cap 9.15. Ric. 2. cap. 2. Marrow, etc. in all these, we shall not find the performance of any such duties, called by the name of Unlawful Rebellious Assemblies, or Insurrections: and if they had been so termed by Popish Princes, and Statutes made again them; no doubt Professing Princes would have repealed them, as they did other Statutes against Protestants. Secondly, the Matter of Conventicles, doth clear those duties from the Name; Sect. Lambert. for the subject-matter of every Conventicle must (as the learned in the Law observe) be, an unlawful act done, or intended; but no law with us saith so of Fasting, and praying; and more particularly, in every Conventicle, there is a manifest disturbance of the peace, in a greater or lesser degree: as threatening speech, turbulent gesture, show of Arms, or expression of Violence: but by the contrary, Fasting and Praying are the main preservers of Peace. Thirdly, the end of a Conventicle is ever, or for the most part, evil; as to disturb the Peace, or revenge some Quarrel, etc. and therefore it is said to be in terrorem populi, which words, are always laid as mainly material, in an Indictment of this nature: but the intent of such as humble their souls, is to meet God by Repentance, that he may meet us in Mercy▪ and therefore no Conventicle. Fourthly, the Manner of a Conventicle, which gives the being to the thing is naught, as Disorderly,, Tumultuously, or Extremely suspiciously, in regard of the Places, Conversations, or Professions of the Persons; being dangerous to true Religion, or the State. But they that humble themselves, are no Suspicious persons, nor make they any disorder, or tumult in coming together; but soberly, and holily, taking due circumstances with them; they do behave themselves for the Truth and State; and say there were some Anomaly, in the carriage of the business, yet it is fare from such an enormity, as maketh up a Conventicle. Fifthly, they differ in the Effects; the effects of a Conventicle at the best, are the disquieting and terrifying of the more peaceable sort by their Act; and the imboldning of such busybodies as live upon confusion by their evil example; besides the bloodshed and other wrong that often falls out. But the Mourners in Zion are not only means to keep the peace; and to prevent the violence of fears, but also to pacify the unpeaceable; either bringing Lions to be Lambs; or at least by power of Prayer restraining their rage; so that there is nothing of a Conventicle in it. Sixthly, and lastly, they are altogether different in their Causes; for the Devil and man's corruption are the causes of a Conventicle; But of afflicting the soul by humiliation, God is the Author and Mover. By all these large differences, it appeareth what wrong they do unto God, to his People, to his Ordinances, the Laws, and the State; Who call the gathering together of God's people, a Conventicle. For further clearing; to these I may add some experimental trials in our times. A certain Judge, cujus nomini parco, (but no Friend to Zion;) was complained unto in the Circuit, by a Profane exorbitant Crew, that certain godly people in the place where they lived did keep Conventicles; the ground of which complaint, was their mischievous malice conceived against that people, because some of them being in office, had laid the Law to their Prophenesse, the judge gave order to these evil men, to indict the other for Conventicle-keeping; his Brother Judge Itinerant being in the Room and over hearing, asked him what those men were about, which he desiring to conceal, he told him plainly that he knew the matter, and told also the people, that the course they were about was very illegal and injurious, and if they could not prove the people Conventicle-keepers (which they could not indeed) they would have a good action against them, whereupon they desisted. Another instance from a Gentleman's case in the North, who was accused by a Purseivant for keeping of Conventicles, he took witness of such as were present, and sued the Pursuivant at York, where the case was cleared on the Gentleman's side, besides sixteen pound given him for damnages: As this hitteth home (as I have showed) the enemies of God; so it misseth not that Panic fear which is in some of God's people, qui trepidatione mentis & brevificto de minis; Who out of the trembling of the mind, and through a feigned brief of threaten, would once call in question their divine tenor of humiliation, or gathering themselves (as the Scripture phraseth) in more Families, against which there is not one jot of Law's Statute or Common; and for Divine warrant (which no humane Law can contradict) I will say no more at this time but this, because I have largely handled it other where, it is strictly and frequently commanded, and highly commended by God the Lawgiver; all blessings promised to the performance of it, all judgements threatened against the neglect of it, yea the heaviest in all the Book of God, Isaiah 22.14. and accordingly promises and threaten have been accomplished; thus having borrowed leave by way of digression, to clear so good and excellent a duty, of so foul and undeserved a name; I return unto the closure of our conference, where by the way I do not approve of erroneous and fanatic withdrawing from the public Ordinance. O said Sir Henry Martin, I do not mean a Conventicle, but I mean Fasting and Praying; sure (said I) there is as great difference between these, as between loyalty to God and man, and rank disobedience to both: But if Fasting and Praying were Conventicles I was never out, upon good occasion given when I could conveniently; nor never would be as God should enable me, for if it were not for Fasting and Prayer, (said I) where had you and we been ere this? for these are the preservers of the State. With that they▪ rose up from the Table, and standing about me, I told them that their cruel usage of me against all Law was a pregnant evidence that they were not of God, and that the rather because Jesuits, dead men by the Law, enjoyed under them all ease, pleasure, and prosperity, that their hearts could desire; and I, and such as I, had nothing but Gall and Vinegar wrung out to us by them in a full cup▪ With that Doctor Reeve let his bolt fly, affirming in his Conscience, that I did more hurt than the Jesuits, though it was beside my intention. I replied, it was an odious comparison, and found in the mouths of none, but such whose courses sorted better with the Jesuits, then with the courses of such as were trusty friends to the truth; no reply being made, Sir Henry Martin looked steadfastly upon me; my countenance through long fasting, beastly lodging, and other affliction, looking very pale; the tears rushed into his eyes, and he asked me what I would have, if I would drink any wine, with thanks I answered no, and so they departed; and thus much in effect passed amongst us, and I was carried again into my Pit, and two doors locked upon me, where with much cheerfulness I gave humble and hearty thanks unto God, who had given me (though the weakest and unworthiest of his Soldiers,) the better in this encounter, tanquam primitias plenioris victoria as the first fruits of a fuller victory. CHAP. II. A While after came Sir Robert Heath Attorney General to examine me, who told me that the King was informed that I would not be examined; I answered I had the more wrong, and that the contrary might appear: I was willing to be examined not only by him, but by the meanest of his Majesty's Subjects that should come with lawful Authority. It was true, I refused to be examined by the High Commissioners delivering my Reasons in effect, which formerly I have set down: In which Reasons he seemed to acquiesce, proceeding to examine me concerning a book especially; three several Examinations of me they have verbatim, the more material things whereof I will but touch. To his first Quere concerning the Book I told him salvo meliori judicio, that I had rather cause to inquire why I had suffered so much, and so long, without any cause known, than first to put such heavy things upon me, and then to examine the cause; for I knew nothing by myself, neither had they, for any thing I knew, any just matter of such usage against me. As for the Book I told him, if any man could charge either with Book or any other thing; wherein I had transgressed I was willing to satisfy the Law: In the mean time, I desired as one yet clear in Law, to go upon sufficient Bail, and so to come to my Answer: he confessed the Answer was reasonable, but in that he told me the King was very desirous to know the Author, and that not for any evil to him; and if I would discover what I knew, it would be acceptable to the King; (or in his very words) the King would take it well: yea if it entrenched upon myself, I should find as much favour as I could wish. To which I answered, if it were a thing so pleasing unto his Majesty, and if he would be pleased to lay a particular command upon me, I would discover what I knew by myself in that; yea, if I knew guilt by myself, which indeed I did not. He being well content with this, and in words regreeting my distress, he went away and withal making offer, etc. And the next time returned with the King's particular command (as he said) for in my second Examination it was thus set down: Upon the King's Majesties particular command, etc. I acknowledge myself to be the whole and sole Author and composer of the Book, etc. For this in effect was the sum of my second confession concerning my Book. As we were upon discourse, he told me that it was given out that I should deny the King's supremacy; I answered, that it was an unjust aspersion, for I was never put to it juridice, so I told him in effect some passages between Sir Henry Martin and myself by way of discourse; and how his answer was in effect my tenet, and I desired in my heart in regard of Loyalty, not to come short of any subject: Well said he, you shall do well also to express yourself by me in that particular, that if any such aspersion be laid upon you, by giving the King satisfaction it may be prevented: I told him I was very willing and desired him to write my expressions, which I delivered in these words or to this effect: I acknowledge (ex animo) as much dominion and sovereignty, to belong unto our King over all his dominions, and therein over all his Subjects and causes, as any of the Kings of Judah or Israel had over their dominions, and the premises therein; save only in those things wherein they were Types of Christ, or had a particular warrant. This he told me at his return, he had showed to the King, and that it gave him not only good content, (for it is all he could desire) but he said he had not heard that case so well cleared, but for all this I had no release, neither favour afforded, for being, or well-being, only my Wife permitted to come to me. The third approach of Mr. Attorney was nerve transverso with a cross sinew, namely, to examine me who were my partners and abettors in the work, for they conceived I had not done it without the helping hand, of the most judicious Divines and Lawyers in the Land. To this demand I replied, that it was besides my Covenant, yet being willing to satisfy all demands so far as I could without prejudice to others, I professed (as I have also answered to the information) that no living soul had any hand in composing Page or Line of that Book except myself: For I told him as I was not so ambitious, as to derogate from other men if any thing in it were praiseworthy; so I was not so Prodigal of myself as to suffer by taking other men's works upon myself: Then he asked me whether I was moved to it by some other, or if it came of myself, I told him I was moved by some well-affected people to frame a draught of their desires to the Parliament then being, which all the King's liege people might do, but they differing for a time upon the Subject matter; at length it was concluded to desire the removal of the Hierarchy and their Appendices, as the main root of all our bitterness; and the establishing of Christ's Ordinances in their power and beauty; together with the grounds of these our desires; for reason doth convince, and experience teacheth that toto sublato non officiunt parts, take away the whole, and the parts will do no hurt. And where divers Petitions had been put up for Reformation of divers parts, with little or no success, it were as good without mincing, (by showing the extent of their desires) to heave at all; as the Proverb is, cum pulvisculo; yea the Scripture teacheth us, the best way to sweeten waters is to begin at the fountains * 2 Kings ●. 21. head. Whereupon I framed those Ten Positions▪ set down in the Book, the proofs whereof being exceedingly desired, I drew a scantling of them; which being by serious view perused, it had the approbation and hands of many excellent good people; so that I may safely say, I ran not unsent about the business. The Attorney urged me to give up the names of those Approvers, with many fair promises of liberty, and what not: I answered, that in my judgement there was neither Law nor Conscience for it. For what had the people done, but that which good subjects might safely do. Secondly, though there was no danger in the Act, yet the re-vailing of them might endanger them, which I would be loath to do. Thirdly, as it was done in time of Parliament, when every subject might without impeachment unfold a public grievance so if that high Court were in being, and should call them to it, they should either avouch the act; or I would deliver both their names and hands. He replied, that though I was somewhat versed in the Law, yet it was not my faculty. I answered true, yet I stood in need of so much as to square my ways by, and if he being a great Lawyer, could give me any ground for that he required from the Law of God or Man, I would satisfy him forthwith, and every man should bear his own burden. To this I received no answer, but after a pause, he told me that the King would take it ill; for the denial of such a thing, was an Argument that I loved him not, I replied; that I would not for a Kingdom give him just cause of offence, but obedience must be ruled; and for my love to his Majesty let my actions and sufferings witness to the would; for if I had not loved my Sovereign better than my life, I had not put my life in my hand, in the discovery of truths so strongly opposed; which if they should not prevail; I might partly conceive what it would cost me, witness the continuance of my hard usage: In conclusion he began to be rough, and to threaten me with the Rod: To which I answered, the rod was in God's hand, and he should do well to look to it; for the wrath of man did not accomplish the righteousness of God; and for his threaten, I hoped they should never bring me to be an accuser of the Brethren. Thus much in effect passed between the Attorney General and me, where though not totidem verbis, yet I have not wronged him one jot, but how much in this matter he wronged both me and himself, Lord open his eyes to see it. CHAP. III. AT length after fifteen weeks hard Imprisonment, and cruel usage in that loathsome prison, I was served with a Sub-poena out of the Star-chamber, whether I was appointed to go to take out the Information against me; having for the most part one Thief or other out of Newgate to be my Keeper; so that I durst hardly come in any house for fear of his lime-twig fingers, Non fuit Antolycho tam piceata manus. The last 'Bout they had with me before the day of hearing▪ was about the answering of Interrogatories in the Star-chamber office, whereof I was more afraid then of all the rest; for wanting the Copies of three several Examinations, having an information laid against me, with the Answer to it, and to the Interrogatories; all in sum to keep in memory, I might easily fall into a contradiction, which they would have accounted Perjury, and it might be have made that the Matter of their Proceeding against me: But that gracious God who keepeth strait the steps of his weaklings because of their enemies, stayed my foot from sliding, so that way (blessed be his Name) they had no advantage against me. The last Interrogatory was, Who were privy to the composing of the Book. I answered the Examiner (as formerly the Attorney) that I was not tied to answer that Interrogatory by any Law; yea the Law did exempt me, instance 25 Hen. 8. cap. 15. Whereas it is held against equity and order of justice, to call any man in danger of Life, Name, or State, upon intrapping Interrogatories, or by any other Means then Witness, Verdict, Confession, or Presentment; so it is illegal to delate a brother accused of the same thing especially, not evil in itself but taken to be evil. The Examiner answered, that he would not admit that Answer. I replied he should have that or none, for I knew no exception against it; then he said he would set it down, but withal that no other Answer I would make, with which I was content. Hence observe; First, that the waving of this Interrogatory was fundi nostri calamitas, as appeared by many fair promises, if I would discover them. Secondly, we should learn to desire the Lord, when we are under chains and threaten, that he would make us faithful unto the Saints in a lawful concealment of their assistances, though it be with our own prejudice: as a friend is another self, so he should be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, faithful in the deepest distress. It is a shame that Heathens should outstrip us in this * Manil. 8. Vnus erat Pylades, unus qui mallet Orestes Ipse mori, etc. Did one Pylades and Orestes strive For death, each other to preserve alive? And shall not the Saints lay down their lives for a 1 john 3.16. the Brethren? which Text if it were better cleared by practise it would amaze us; but blessed be God it hath been so cleared fare beyond the practice of all Heathens. Witness jonathans' faithful love to David, which he preferred to the preventing of his father's wrath, the saving of a Kingdom, yea and to life itself; so b 1 Sam. 18.1, 3, 4, etc. 2 Sam. 17. Cushi to David, and so of divers Martyrs one to another, who have laid down their lives with others and for others: So that the fidelity of Hercules and Theseus, Socrates and Ceriphon, Achates and Aeneas, Pythias and Damon; and of all the rest of those glorious Pictures, how bright soever it seemed, was but as a piece of polished Crystal, in comparison of that true diamond fidelity of the Saints. But a faithful one in danger for others may here object, in these evil days, where is the mutuallity? I would be a pomegranate, but where is the Myrtle crown to set it in? For that with the Egyptians is the Hyerogliph of faithful friendship. I would be a Pythias, but where is the Damon? A Jonathan, but where is the David? * Aliquorum amacitta arund●nea imo hirundinea. Some in requital prove like Reeds and Swallows unprofitable, and ungrateful? * Num prohibet servare sidem de●eta Sagunthu●. shall sacked Sagunthu● sack thy precious faith? Thy reward is with the Lord: let not other men's unfaithfulness make thy faith of none effect, but be always abundant in the power of it, knowing that thy labour is not in vain in the Lord. As the whole proceed was according to the use of the Adage 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a condemning of the absent; so the parts whereof it did consist, were in the mouths of them and their Abettors invective revile, and passing of unparraleld censure. There is a Maxim unalterable in the Law of Nations; * Formidabilitas & minae in bello, comitas vero & aequitas in judiciis. menacing threaten are useful in War, but Gentleness and Equity should bear sway in judgement. For the better clearing of myself from doing them any wrong, and myself and the cause from reproaches put upon us, I have set down some of their speeches that were sent me by a friend who was present there. First, it is true, the Answer was read after the Information, but without my knowledge or direction; for I abridged the Answer, because I expected a hearing to explain and maintain the particulars, but God otherwise in his wisdom disposed it: but I am not ashamed of the answer, for one told me from the mouth of the greatest in that Court, that he affirmed it to be the sufficientest, truest and justest Answer, that ever was put into that Court these many years; for clearing whereof, I have published the sum of the Bill or Information, with the Answer. The Answer of Alexander Leighton still prisoner in Newgate, to a Bill in the Star-Chamber preferred by his Majesty's Attorney General against the said Defendant. ALL advantages, and exceptions to all and every the uncertainty and insufficiency of the said Information, now and at all times reserved to him, This Defendant saith, That whereas your Majesty's Defendant by a warrant from the High Commission was apprehended the 17. of February 1639. and carried with much violence to the Bishop of London's house, and there detained from eleven of the clock till seven at night, whence he was carried to Newgate without examination; and there shut up close prisoner in a straight smoakey room, where he lay without meat or drink, from the Tuesday at night, till Thursday at noon; and there still hath he lain close Prisoner for the space of nine weeks, being denied all the time the copy of his Commitment, to the utter undoing of his health, both of body and mind, and desolating of his Family: And further, the Prelate's Pursuivants two days after entered your Majesty's Deputies house (as he is informed) with a multitude of Staves and Bills, being suggested, that your Majesty's Deputy was a Jesuit, and then, and there, the said Pursuivants, by their cruel and barbarous dealing affrighted exceedingly your Majesty's Deputy, Wife, and Children, breaking up also Presses, and Chests; notwithding, that all diligence was used for opening of them; yea, they tore up the doors of the house, and broke the doors from the hinges, and that in presence of the Sheriffs of London, who ore-looked them; yea, one of them threatened a young Child, by holding a charged Pistol to his head, since which time, the Child hath never liked. After all this, your Majesty's Defendant was served with a Suppena, and a Bill laid against him in His Majesty's Court of Star chamber, where your Majesty's Defendant appeared with His Keeper, and de●●red according to Law, to have liberty upon putting in of Sureties, to be at the day of hearing: But he was, and is still denied it, as he conceiveth by the overswaying Power of the Prelacy; And he being kept prisoner, he is not able to answer as he should, or would, having neither time nor advise, as the case requireth; and by his imprisonment, is with his Family utterly undone, having no means to maintain them: Further, your Majesty's Defendant acknowledgeth, that under the favour of your Majesty's particular Command, he confessed the compyling of that Book wherewith he is charged in the Bill, as appeareth by his Examination, protesting withal, that it would not stand with the honour of your Majesty, That such a confession made under your Grace's Clemency should accuse him, but if your Grace's favour should protect him from accusation; And this your Majesty's Defendant offereth to prove by instances from divine Writ, from our own and foreign Histories, Maxims of the Laws and Reasons; for a taste whereof, that which Jeremy confessed to the King, the King would not reveal, but had a great care that it should not come against him before the Prince's Priests and Prophets: For if it had (though it was the truth, yet he might have suffered for it, Chap. 38. Vers. 27. etc. It is also a Royal truth, Gratia Principis est accumulativa non privativa, but by suffering this confession to accuse your Maj. Defendant, he is deprived of a main benefit of his own defence: Amisso, clipeyo vulneratus est, having lost his Buekler he is undone; Wherefore he humbly intreateth, that Your Majesty's Royal Favour might deliver him. 3 As for your Majesty's Predecessors, and the Gospel under them, especially for your Royal Majesty, and the Gospel of Peace under You; We humbly and hearty thank God as we are bound, professing always upon every occasion, the Loyalty and Love of our poor hearts towards Your Majesty; and more particularly, in sundry passages of this Book, as, page 175. etc. where we seem to want words to express our affections, yea, we proclaim what we think without flattery, that all Christendom hath not such a King for Kingly Endowments, and Royal Conquest over the faults of Princes, as our Sovereign and Supreme Governor: But that the Discipline exercised by the Hierarchy is Consonant to the Word of God the practice of the Primitive Church, and best agreeable to the State of a Monarchy, Your Majesty's Defendant hath punctually demonstrated the contrary in all these particulars; witness the second position, page 19, 20. page 110, 111, 112, 113. From which passages, your Majesty's Defendant frameth this one Argument. The Discipline of Christ's Church warranted by the Word, is of Christ's own appointment, and by consequent unchangeable, page 111, 112, 187, 188, 189, 242. But the Discipline of the Hierarchy is not of Christ's appointment, nor unchangeable, witness themselves, pag 111. Therefore it is not warranted by the Word or consonant to the Word; yea, themselves confess, it was not so from the beginning, for than they needed not to plead for changability of Discipline; yea, the Papists challenge, and the Hierarchy cannot deny that their Discipline is the very Popish Discipline; witness page 131, 181. Lastly, That their Discipline is not most agreeable to the State of a Monarchy, your Majesty's Defendant hath proved largely and fully page 242, 243, 244. And hath also answered the Objections that may be brought to the contrary. A world of Proofs and Reasons your Majesty's Defendant could bring for further confirmation, if your Majesty's High Court will permit: But he will say no more, but this undeniable and experimented truth. The Sway of Christ's Sceptre in his House, is the very Power and Glory of a King's Sceptre in his Kingdom; where Christ hath his due, there Cesar shall have his due: And where your Majesty's Defendant is charged in the said Bill, to vent the said things out of a seditious and malicious humour with many such terms charged upon him in the aforesaid Bill; He answereth once for all, That he hateth the very lest thought or appearance of malice or sedition: but what hatred and cruelty he and his endureth from the Prelacy, he cannot express, praying that it may never be laid to their charge; And as your Majesty's Defendant conceiveth that he goeth on good grounds; So his ends were the glory of God, the honour and happiness of your Majesty's Person and State, the vindicating of the Nobility from wrong, and the good of the whole Nation. 4 The Book itself was compiled beyond the Seas, save only the Draught and the Lineaments of it, and there it was printed for the Parliament only. Neither did your Majesty's Defendant bring or cause to be brought any of the said Books into the Land; or can it be proved, that he published any of the said Books abroad: but his intent was after the breaking up of the Parliament, not to meddle any further: And how, or by whom, the Books were brought into the Land, he knoweth not. And whereas your Maj. said Defendant is charged with the hating of the Prelate's Persons, and setting them at variance with the Peers and People; In these he protesteth still his Innocence: It being rather a main part of his intent, to have Them, the Peers, Ministry, and People, all at unity in Christ Jesus, by virtue of due Reformation: And this your Majesty's Defendant doth manifest in sundry passages of the said Book, as page 150, 153, 265, 343, 344. So that it is their good, and not their hurt; yea, the good of all that we desire, by removal of the Prelacy: Neither doth your Majesty's Defendant scandal these Prelates; but proveth, what he affirmeth, either by God's Word, your Majesty's Laws, the Writs of the Learned▪ or by good relation: Yea, what your Majesty's Defendant hath said against the Prelacy, rather than the Prelates, is commonly laid down and contained in his ten Positions; Which Positions, your Majesty's Defendant, as he conceiveth, hath sufficiently proved, and is further ready to satisfy, as he shall be called. As for bringing confusion to the Church, dishonour to your Majesty's most Sacred Person, or Government, or to stir up any thereto, He had rather die, then entertain the least thought of any of these; yea, he pleadeth for nothing so much, As the Order of Christ's Church, the honour of your Majesty's Person, and happiness of your Government. 5 Where your Majesty's Defendant is charged in the Epistle to the Reader with these words. W●e do no● rea●e of greater persecution, higher indignity and indemputty done upon God's People in any Nation professing the Gospel then in this our Island, especially since the death of C●een Elizabeth, and that the Prelates are men of Bl●ods. To all these your Majesty's Defendant answereth, That the thing itself is too too true as appeareth by the Prelacies taking away life & livelihood from so many Ministers and private men and their poor Families of whom many were pined to death in prison: many wandered up and down their Families being left desolate and helpless, whereof your Majesty's Defendant could give many instances, and so can many more▪ But your Majesty's Defendant doth only give a touch in sundry passages of the Book, as page 122, 123. pag. 79, 80, pag. 126. Besides all this, the blood of souls hath been endangered, by the removal of the faithful Shepherds from their Flocks, quite contrary to the mind and speeches of your Majesty's Royal Father, whom your Majesty's Defendant hath deservedly cleared, to his everlasting honour of these courses of the Hierarchy; witness, the Epistle to the Reader: also, page 123, 74, 70122. Yea, if there were no more but that which your Majesty's Defendant hath seen and felt, it were enough to prove the assertion. Lastly, the phrase is a Scripture phrase, not only importing violently actual depriving of life, but also the afflicting or wronging of men by indirect courses, which we conceive rather to proceed from the evil of the Calling than from the dispositions of the men; for good men have proved evil Prelates. 6 Whereas your Majesty's Defendant is charged with naming the Prelacy, Satanical and Antichristian persons; your Defendant (as he conceiveth) hath sufficiently proved it from Scripture reasons, and the Evidences of the Learned; Witness, page 11, 12, 13, 14, 15, 16, 17, 18, 19 and shall be ready to prove more fully, if need be: neither be the words your Majesty's Defendants, but the words of the Learned, speaking of the divers kinds of Bishops, page 88, 89. And for further evidence▪ That Office or Calling which hath the internal or essential parts of Antichristian Prelacy, is Antichristian Prelacy itself. But the present Hierarchy hath the internal or essential parts of Antichristian Prelacy: Therefore it is Antichristian Prelacy itself. And this may be the reason of the Major Proposition, that the change of an external efficient or instituting cause cannot alter the nature of a thing, so long as the internal or essential causes remain. And for the reason of the Minor Proposition, the matter and form are all one in both. 7 Whereas your Majesty's Defendant calleth the Hierarchy, The main and Master Sin of the Land established by a Law page 3. He answereth, in haec verba, as we conceive, And that it is a sin your Majesty's Defendant hath proved, from page the first▪ to the twentieth, And that it is established by a Land, the Statutes speak expressly therefore a sin. Therefore a sin established by a Law, and by consequently, As we conceive, the main and master sin of the Land. 8 Where your Majesty's Defendant should say. Tha● Ministers should have voye●s deliberative and decessive in Counsels, page 7; Your Majesty's Defendant answereth, That it is the determination of Counsels from the Word of Truth; witness the afore quoted page, and as for Parity of Ministers, it is the Institution of the Spirit, maintained by the Current of the Learned. Ancient▪ and Modern, but Imparity is the spawn of the Mystery of Iniquity. 9 Whereas your Majesty's Defendant is charged with terming, the Prelates, Ravens and Py-Maggots, he answereth that the Learned term them so in effect, as Mr. Bullinger calleth them Harpies page 13. and Mr. Wick●iffe, Disciples of Antichrist, page 12. And thus they are termed for that repacity that is incident to their calling, and not to assperse any of their persons. 10 Whereas your Majesty's Defendant is charged with suggesting of false fears to the King, for reviving that spawn of the Beast kneeling at the Sacrament for the greater teverence; thereto you● Majesty's Defendant answereth that he speaketh of the time of King Edward the sixth, of whom the Papists desired it tumultuously, to whose contentment by much importunity with the King, it was granted, which giveth good evidence, as your Majesty's Defendant can sufficiently prove, that it was the spawn and supporter of the Real Presence. 11 Whereas your Majesty's Defendant is said to affirm that the Statute 1 Elizabeth, seemeth inconvenient, etc. page 42 43; your Majesty's Defendant there only relateth, what Positions were agitated, and brought to a fair height of being in the Parliament, Anno 1610. If good Intentions had not miscaryed▪ where your Majesties said Defendant is so fare from derogating from your Majesty's Royal Power and Laws, that with all his best endeavour, he pleadeth the establishment of them: In this particular namely, that neither by the Law of God, nor by the Law of Man, The Prelacy hath any power to fine or imprison. And this is witnessed by the concourse and concord of all our famous Jurists, witness page 31. p. 128. etc. 12 Whereas your Majesty's Defendant is charged to rearm the Canous, nonsense Canons; your Majesty's Defendant humbly entreateth, that they may be perused: and it shall appear, that it is against sense and reason, that for saying, There is any thing in the Book of Common-Prayer repugnant to the Scriptures, a man should be excommunicated, ipso facto. Can. 4. since themselves confess, that all things therein contained, are not warranted by the Word. Also, by the 8. Canon they are excommunicated, ipso facto, that try, or call in question, the Calling of the Hierarchy. Also by the 19 Canon, there must be no diminishing of any part of the Service, in regard of preaching, or any other respect, and yet preaching may be omitted, It seemeth also, Nonsense, that Ministers are forbidden, by fasting and prayer to exorcise or conjure out the Devil▪ without licence obtained from the B. and that on pain of deposition: but so it is ordained by the Canon 72. The passages of which Canon seem very strange; other Instances may be given against them; neither were they consented to, or approved by some of the best of the Synod: for, Dr. Rud, opposed them by an oration. These Canons also cross your Majesty's Laws, depriving your Majesty's Subjects of the benefit of Appeal in Cases before them depending, peremptorily, decreeing, that no Judge ad quem shall admit or allow of any Appeal, except the Appellant will do all that they require, in matter and manner of conformity; witness Canon 98. 13 Whereas your Majesty's Defendant is charged to affirm, that the▪ Prelates corrupt the King, forestalling his judgement against the Good, and goodness, page 118. your Majesty's Defendant answereth, That considering the danger of your Majesty through the corruption of the Calling rather then the Men (if God preserved you not) your Majesty's Defendant citeth only the judgement of the Learned upon the Prophet Hose●, Quod peccata Praelatorum, etc. That the sins of Prelates corrupting Princes, hindereth all goodness: which floweth rather from their Calling, than their Dispositions, so that here is neither evil speech, nor evil thought of your Majesty, as is informed; for if we should use any such▪ it were pity we should live. 14 Whereas your Majesty's Defendant seemeth to regrate the Error of your Royal Match, rather than the match itself, under these words, The Daughter of Heth, pag. 172. Your Majesty's Defendant answereth, that it is not out of neglect of bounden duty to your Majesty's Royal Consort & our Queen; but that she looking into the rock whence she is hewn, may rejoice to be the Daughter of Abraham; for which, as we pray, so no doubt it will be the joy of your Majesty's heart. Secondly, we regrate more in the place sore-quoted our own unthankfulness and unwatchfulness over your Majesty, than any thing else. Thirdly, the phrase is a Scripture phrase by allusion, and hath been used by divers Divines, whose Sermons are extant, and is as little as could be said if any thing were said in that particular; for the Hittites were the kindest & trustiest neighbours that Abraham had. Fourthly and lastly, though your Majesty's Royal and beautiful Ra●hel have an Image-in the stuff, yet Princely prevailing jacob, to his everlasting ●onour, may reform it. 15 Whereas your Majesty's Defendant saith, Consider what a pity it is to all, and an indelible dishonour to the State Representative, that so ingenuous and tractable a King should be so monstrously abused by the bane of Princes, to the undoing of Himself and His Subects, page 175; Your Majesty's Defendant answereth, that whereas your most excellent Majesty is the very breath of our nostrils, and more than we all, If we were Tongue-tied, we cannot but cry out, since we see the Destroyer already gone out against us, and is mounted on the wings of all our sins, which have their But and Rise, as we conceive, upon that Calling of the Hierarchy, which your Majesty's Defendant hath proved to be the bane of Princes. 16 Whereas your Majesty's Defendant is charged with sundry sinister thoughts, concerning the untimely death of the late Duke of Buckingham, as though he should seem to approve of Feltons' Act, &c. Your Majesty's Defendant answereth. That in his Book he rather regrateth it, wishing that the Parliament had restrained the Current of the late Duke's Courses, whereby his untimely death & the others desperate Act, might have been prevented; witness p. 1●3. as for the words alleged, page 176. In God's offering to guide them to Reformation, by giving of that blow; Your Majesty's Defendant answereth, that though the ●●omy or sin of the action, was from that desperate man; yet the action itself, and as it was a Judgement, was from God: for there is no evil in the City which the Lord hath not done. And whereas from the Parliaments following of God; hand, the Bill chargeth upon them, stirring up, or animaring of others to the offering of the like violence against the Prelates; your Majesty's Defendant answereth, that the Consequent hath in it a double Sophism, a simpliciter ad secundum quid: Namely, first in the Subject; because the Parliament may follow God's hand in Justice; It doth not follow that others may, or should follow God's hand with desperate violence. The second inconsequent is from the Object, matter thus: Though we do desire the Parliament to follow, with the removal of the Hierarchy, and other Reformations; yet will it not follow, that we desire, that their Persons should suffer the least wrong or violence; witness, page 78. etc. And hereto your Majesty's Defendant protesteth before God, that he wisheth them as 〈◊〉 in body, soul, and state, as himself; though your Majesty's distressed Defendant hath suffered, and doth suffer much in himself, and his, as he conceiveth, from their indignation against him. 17 Whereas your Majesty's Defendant is charged with these words, The. Church hath her Laws, with the res● following; and by consequence, he should detract from your Majesty's Royal Power, etc. page 191; Your Majesty's Defendant answereth, that they are the words of Reverend Divines; neither doth your Majesty's Defendant detract from your Majesty, to whose gracious Highness your Defendant attributeth, as much power as the Kings of Israel, and judah, in their places, as appeareth by his examination. 18 Whereas your Majesty's Defendant is charged to slander your Majesty in using these words, That we are spoilt of all that pass by, and all are spoilt that rely on us; and for instance, he citeth R●●●●ll●●●, page 264; your Majesty's Defendant answereth, that woeful experience proclaimeth our spoiling, and being spoilt to the world: whereof your Majesty's loyal and loving Subjects are exceeding sensible, and lay it much to heart; besides, it is the subject of Stranger's discourse, with whom indeed your Majesty's Subjects are much out of that ancient esteem, that formerly attended them: yet notwithstanding all this, what face so shameless, or heart so faithless, as to tax your Majesty with the least spot of dissimulation, which we know your Majesty doth utterly detest and abhor: For what can your Majesty do more than afford the means? But if the sins of us all, and the security in sin, turn God's hand against us: If the slight and sedulity of the Enemy, Foreign and Domestic be a snare to entrap us: Lastly, if your Majesty's eyes and hand; should deceive us, we can neither do good nor receive good; yea, we cannot subsist: and therefore your Majesty's Defendant presumeth to entreat that Senate, being your right Hand, and your right Eye, to look to it. 19 Whereas your Majesty's Defendant is charged to have permitted a thousand Copies, and to have published the said Copies; your Majesty's Defendant answereth, that there were little more than half of a thousand printed; and as for the publishing of them, it cannot be proved. 20 Whereas in the closier of the Book, your Majesty's Defendant is charged with these words: High must Ye sore, but Glory gives the Wings, No low attempt a Starlike Glory brings. Your Majesty's Defendant answereth, that he intimateth nothing in these words, but this; That high and inveterate evils, such as we labour of, require much yains, wisdom, and skill, for the curing of them. 21 Lastly, for all the things asserted by your Majesty's Defendant in the said Book, for the qualification of them from peremptory Assertion; your Majesty's Defendant hath recourse to that phrase, in the Preamble to the Parliament, page 3. As we conceive. As for your Majesty's Defendants offers in the Epistle to the Reader, to make good the things asserted; It is to be understood but quoad posse; whereunto your Majesty's Defendant shall in all loyal humility, be ready to show his best endeavour, and where it hath been always the practice of the Reverend Fathers of the Church to convince by reason, and not prison; your Majesty's Defendant humbly desisireth, that some of the Prelates would be pleased to take away his grounds, and show him better, where if he be convinced by falsehood or error by sound reason; your Majesty's Defendant shall both hearty retract, and humbly beg pardon: As for the evils charged upon your Majesty's Defendant, in the said Information; this your Majesty's Defendants Answer, as he hopeth, shall clear his innocence. This Defendant humbly confesseth the writing of the Book, mentioned in the Information: But this Defendant saith, he did it beyond Seas, out of his Majesty's Dominions, and that not out of any such malicious or seditious humour as is alleged in that Information. But being persuaded in judgement, & fearing in his apprehension, that some great inevitable evil was toward us, except by reformation, it were prevented, as the Book at large specifieth; He was moved in Conscience, with the poor man in Ecclesiastes, to set all his thoughts on work, how, under correction, he might cast in a voice, for the safeguard of our Zion, not being moved thereunto by any sinister respect, as hatred, or neglect of any, or self-reflecting end; but he intended only the Glory of God, the honour of his Sovereign, the good of the Nobility, and of all his People & Dominions: For all which, he is not only ready to neglect himself and his (as hitherto he hath done) but also, if need be, to sacrifice himself upon their service. Further, this Defendant saith, that he intended the said Book only for the Parliament; and therefore printed not so many Copies, as are laid down in the Information, almost by half the number; Namely, between five and six hundred; which number, as this Defendant conceiveth, was not sufficient to show the several Members of both the Houses of that high Court of Parliament, being a Body politic (as this Defendant conceived) to which the meanest Members of the Commonwealth might intimate their cares and fears concerning the dangers, or deliverances of the Commonwealth, being the Mother of us all; and these pious Ends and Intentions, this the said Defendant expresseth in his Preamble to the Parliament, and sundry other Passages of the said Book, leaving the success unto God, the Author and Moderator of all good Intents and Actions, submitting also both himself and the Book unto the approbation and censure of that Honourable and High Court: Neither did this the Defendant, bring or cause to be brought any of the said Books or Copies into the Land, but it was the Defendants special care rather to suppress, then to divulge them. And this Defendant further saith, he willingly and humbly confessed the composing of the said Book sub sigillo Mandati Regis, under the favour of his Maj. special Command, from whom as an Angel of God, he could conceal nothing; notwithstanding that the said Defendant was confident at that time, that no creature could accuse him of composing of the said Book; At which time this Defendant also professed, that it could not stand with the honour of his Majesty, that a humble and voluntary mind, under the favour of his gracious Clemency should accuse or condemn though there were delinquency, but that it should rather graciously protect or pardon: and this, this Defendant conceiveth to be free from; from Principles of Divinity, Maxims of Themes, Rules of Reason; and instances from our own and foreign Histories, especially from the Kings of England and Scotland, his Majesty's Ancestors; A touch whereof, this Defendant humbly entreateth leave to deliver to this honourable Court: Neither doth this Defendant wave the said Confession any ways to reflect upon his gracious Majesty; but since he is inferior to no Earthly Power, in all Royal Graces; wherf he is the Ocean, p●y moderat●● & inenipatum tutela●●, he hath recourse to the Sanctuary of His Majesty's Royal Favour. This Defendant further saith, that he neither delivereth the things contained in the Book, nor undertaketh the answer afore the particulars laid down in the Information by way of peremptory assertion: But this qualification still to be understood, as is expressed in the Preface of the said Book to the Parliament page 3. As he conceiveth. Further, this Defendant saith, that he is unstained to this defence or qualification of the things laid down in the Information, by reason of his said Confession made under his Majesty's special Command, and taken by his Majesty's Attorney-general: For as this Defendant conceiveth, that where there is confessio fracti, there must be either defensio juris, or agnitio culpae, he is in all humility and duty to the truth, put upon the best defence or qualification, in the said particulars, that he can possible make; but if this the Defendant hath erred in judgement (as who may not, etc.) upon the discovery of it by clear and sound Reasons, he shall be ready both hearty to retract, and humbly to beg pardon. For as the ingenuous and free Soul holdeth no Truth so weakly, that any flax or affliction can fire it; so it holdeth nothing so confidently, but sound Reason may overrule it: As for the integrity of this Defendants affection to all, from the highest to the lowest, if his heart deceives him not, he may take heaven and earth to witness of it. Further, this Defendant saith, that by reason of the distraction of his Council assigned, he could not have them to meet or agree on putting in his Clause, according to an Order from this Honourable Court, he adventured to present this weak and informal Answer, and that by reason this Defendant is not versed in this Element: All which things, this Defendant humbly offereth to the favourable consideration of this honourable Cout; And so under favour, he cometh to the particulars. I had Counsel allotted, who acknowledged the Equity of my Cause, and freedom from Gild; but they durst not plead, and so I was ordered to put in mine own Answer. First began the A. G. Quam facile crat in absentem & prostratun accusatorem acerbius agere, an easy thing for a man of his place and gifts, with nipping Scoffs, to triumph over an absent and prostrated man, both under the immediate hand of God, and the armed wrath of cruel Enemies. If a man be for God, it is the height of unhappiness to play upon him; yea though with Tertullus he could do it with Eloquence. * Psal. 1.1. job. 16.20. Therefore Cassiodor speaking of an Advocate, saith, he should not be * Ad facetias ursus; adfalendum, vulpos; ad superbiendum, taurus; ad Consumendumm, inotaurus a Bear for tricks and quirks, a Fox for deceit, a Bull for haughtiness, or a Labyrinth to devour, in Psalm. 73. especially, where the Intentions of the accused, are the good of Religion and Policy. It is held a higher commendation in an high Advocate, * that is, as Tully expounds it of Coelius, to defend, better than to accuse. In such a Case, Potiorem sinistram quod dextram habere. the same Orator, in his Oration for Roscius, makes a Goose the Hyerogliph of an Accuser, * Qui obstrepat tantum noceat tamen rihil. a voice would be heard, but not to hurt the harmless. But not to insist, if the pleading was not better than the Information laid, as * Advers. Haeres. Lyri●nsis said of a Father in another Case, it was but rev●latis nuditatis, a further discovery of his nakedness; for neither of both will hold out at the Tribunal of God, before which, we must all appear. CHAP. IU. THe next in order, was I R. Strenu●● Accusator, as may appear, by stating of the Case, under the name of a Crime; & * Est attributio alicujus Deo quod ei non convenit, vel detractio ojus ab eo quod ei convenit. then branching it out under the names of many Crimes: As first of Blasphemy against God, etc. But as he saith much and proveth nothing; so, if to accuse be enough, who shall be innocent! First, for Blasphemy, Scripture, Ethers & Schoolmen, desi e Blasphemy against God, to attribute of God, or affirm of him that, that is not agreeable unto him; or detracting from him, and denying of him that which is proper unto him. Now, what do I, or my Book affirm of God that is Blasphemous? If I were guilty of Blasphemy, especially of that kind, it were unworthy I should live. A Blasphemer is the worst of all Creatures, A mad Dog that flieth in his Master's face, or like a viperous Child that will pience the heart of his Father, as the Story hath it; or as sacred Writ speaks of the Blaspheming Egyptian, according to the Original. He smote or pierood through God's Name. Levit. 24.11. * An accustomed Blasphemer (as a Worthy of out Nation saith) is a Devil incarnate. Blasphenia veniaus 〈◊〉 maretur, saith Hierome, Epist. 32 Chrysost. teacheth us how to know a Blasphemer; besides, the comparison of a Woolse, and a Sheep together. Si quis lupum cooperiat pelle, Ovina quomodo eognoscit illum, etc. * If a man cover a Wool, with a Sceepskin, how shall he know him, but by voice or act, as the harmless Sheep with a demisse countenance bleateth, and the Wolf setteth his face against Heaven and howleth: So he that in humility of soul confesseth that truth believed in his heart, though with danger of his life, is a Sheep; and as the Prophet saith, led to the slaughter. * qui voro adversus veritatem turp●●or blasphemis ululat contra Deum lupus, etc. But he who shamelessly with Blasphemi●● howls against the Truth, howling against God in reviling of his Servants, is a Wolse. Hence I appeal to any man's judgement, who is the Blasphemer. As speaking truth from the heart is required of all, * so especially in Magistrates and Judges; Lying lips becometh not a great one, Matth. 7. A main property required by I●thr● in a Judge, Homil. 9 is, that he be a man of truth. Psalm. 15.2. * The second thing charged upon me is Schism, prov. 17.7. A schismatic, etc. saith he, * Exod. 18.21 the Word of God which best defineth a schismatic, I hope shall clear me of that Imputation. Paul telleth us * Rom. 16.17.18. that a Schismatique is one that bringeth in or maintaineth corrupt Doctrine or Discipline contrary to the Word, or besides the Word of GOD, as a Divine observeth from the word * Fai●●. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 where not only (saith he) that which is contrary to the Word is forbidden; * but if any other thing, or in any other manner be brought in belonging to Doctrine, which Paul calleth * Sed si quid aliud, vel al●ter introducitur. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Whereon Mr. B●z● well observeth, that not only false Doctrine apparently, contrary to the Truth, is forbidden but also the adulterating the pure Doctrine, by Humane Inventions. * 1 Tim. ●. 3. And Chrysosperm on this place to the Romans thinketh that the Jews are 〈◊〉 especially, who together with the Christian Faith urged also the Ceremonies of the Law. Of whom as Enemies of the Gospel, the Apostle often complaineth. Now what Doctrine or Discipline contrary to the sacred Word, or besides it? have I broached or maintained in my Book? they can show me none; therefore I am no Schismatique. But such as do so, let them be Schismatics. I pray God with the Apostle, that All, but especially such as be in supreme places, may diligently observe such, and avoid them. Indeed, all divisions cannot be avoided; and therefore one observeth well upon that place, that the Apostle forbiddeth not all divisions, but such as are caused by Innovation of Doctrine; For there are some profitable divisions (saith he) * Gualther. whereby consent in Superstition is hindered: such a division is said to be among the People about Christ; * Quibus conscusus in superstitione, etc. John 7.4. some confessed him, some rejected him, and some went about to take him. For the better discovery of Schismatics, and avoiding of them, the Apostle brandeth them with remarkable Marks: As first, with rotten hypocrisy, they serve not the Lord Jesus. What pretence soever they make. Secondly, from their base Ends, they serve their Bellies: Or, as in another place, they make their Bellies their God, * Phil. 3.18. Omnia questus causa. they do all for filthy lucre. It is a miserable thing, saith chrysostom, * Pro Doctoribus servos ventriis habere. to have for Teachers, Servants of their Bellies. Thirdly▪ from the means they use to fill their Bellies, by fair speeches, etc. that is, they sooth and flatter men in their sin. They speak pl●c●nti●, all is well, so they have enough: lkie murdering Physicians, they please the Humours, and kill the Patients; they devour Princes alive. Let such an one then * Qui natus ab domini ventris. as is born to his Belly, or (as Hierome) * Habet inventre. as minds nothing so much as his Belly, who for Giant's Bowls, Esau his Red Pottage, or the Red Earth of Gold, will sell Laws Divine and Humane, Soul, Heaven, and Christ himself and yet will be taken to be Servers of Christ, by coming to the Church, etc. though nothing less. Let such an one (I say) be noted for a schismatic, and avoided. The third thing, S●ct. he taxeth me with, is, Treason against the King; For branding me unjustly with the other two; Namely, Blasphemy and Schism: his ignorance in terms of that nature, might seem in tanto, though not in toto to excuse him; For I take him, as P●racess●●● spoke, of Quacks, to be Iulia●●m Theologum. But to put Treason upon m●e, must either evince, that he hath never throughly perased my Book, nor weighed my Cause in a true Scale, which a man of his place should do before he judge; or otherwise, it must appear that ded●ta opera, he accused me of that, for which he hath not the least appearance of ground: First, Is it likely that I standing out this thirty years against my world●● preferment, the advancing of my children's good, and that in tenderness of Conscience, should at last wrap up all the rejoicing of my Sufferings, in the Black and ignominious Veil of horrible and damnable Treason. I might answer him in the words of Secrates, to a Persian Ambassador, folliciting him to Treason in the behalf of their King. When he was eating Cabbage to his Dinner; * Audite inquit an hoc prandium proditorem facit Valer. Max. lib. 7. observe, saith he, if this kind of Diet can make a Traitor. Traitors are fatte● in the Rib, than I, and look for greater matters, than I do. Secondly, my heart beareth me witness, and God himself who is greater than my heart, Sect. that I have ever accounted, and do account the King's Majesty, the Anointed of the Lord the very Breathe of our N●str●●s, and as I have often protested, I esteem the least particular, conducing to his Being, or Wellbeing, better than my life, and the life of all mine, and many thousands; and so I hope it shall appear against all opposition, when Truth by Time, shall manifest itself. Thirdly, Let the Book be tried by judicious men, Sect. though partial to the Cause, if either vola or ves●●●gi●m of Treason be found in it: I desire, besides, what I have suffered to die the most shameful and bitter death, that could be thought on against any Traitor. Fourthly, and lastly, If I be a Traitor against the King: Sect. why did they not proceed against me as a Traitor, according to the Laws of God and of the Nation? As Treason is a Sin of the highest name, * 2 Tim. 3.4. whether it be immediately against God, as Idolatry, or against the King's Person, and other Appendices. So there be condign Penalties, both by Divine and Humane Laws, inflicted upon it. Witness, Amaziahs' dealing, with those that killed his Father, * 2 Chr. 23.5. and also the People's exact revenge taken upon the Murderers of Amon; * Cap. 33.25. witness also the Laws of all Nations; of ours in particular, against such Imma●e and prodigious Persons, with their several Penalties; instance for all, that exact and duly deserved Justice, that was done upon the bloody Regicides and Parricides, upon that thrice learned, & Majestic King, King, james the first, of Scotland: of which Aeneas Silvius, (afterward Pope Pius the second) was an Eye witness (being there for the time) who much commended the Nations Wit in devising such exquisite, and answerable torments, and their love, in inflicting them to a hair. If any happily reply, that it was the King's mercy to alter the case, and that I should suffer in this sort, in stead of punishment due to Treason. To which I answer, as I did in public presence, that if I might have but a due Trial at Common-Law, and if I perished that way, I would think it in favour howsoever. So in this case, I may say with Seneca, * Beneficiam in vito non datur. A forced Benefit is no Benefit, when a man may not choose, especially in two Evils it is a poor Benefit. Secondly, I am persuaded, that herein his Majesty is abused; For how can they change the Gild and Punishment, before the Gild be known; and how can it be known before the Law try it? And further, where the favours of Kings are free, and Accumalative. But this kind of Commutation is into a Punishment more bitter than death, and for shame and ignominy: what more can be? If it were not the glory of the Lord that resteth upon the Cause, and so turns the shame of the suffering into glory. Lastly, if I had died, I could have forfeited no more than I had: But to the rest of my sufferings, they added that, wherein I could not ●uffer: Namely, they fined me ten thousand pounds, though the Judge said, he thought in his Conscience the Sneak was not worth so much. And was not this Proportia asimetra, I am sure it was neither Gramatrica, nor Arith●●●tica, or to speak In Law, was it Salvo Conten●m●●to; but to leave Suppositions and Probabilities, Let his Lordship give me leave to deal with him obsigu●●is ●abulis; all the Statutes against Treason clear me of that Crime. First, am I guilty of attempting any thing against the King or Queen's Person, or the Persons of their Princely Issue, Levying of Forces, counterfeiting either of the Seals, bringing in of counterfeit Coin, killing a Judge fitting in his place, as the Butcher would have done, forging the sign Mann●ll, clipping of Coin: have I prejudiced the King's honour? Have I entered on any Castle or Ship; etc. Have I concealed Treason, or any Bull from Rome? Have I set any at liberty, committed for Treason, by the King's Commandment? No verily, Heaven and Earth shall clear me of all: Then not guilty of Treason, or misprision of Treason; for those are all the several kinds in Effect, that are condemned by the Statutes here quoted: * 25 Edw. 3.2 1 Mar. 6.1 & 2. P. & M. 3.14. Eliz. 11.3. Edw. 6.11. etc. But to come close unto the Particulars, concerning words spoken against the Sovereign for the time being. There be two Statutes especially remarkable; the one of which, is that ●3. Eliz. c. 2. in hoc ver●a, If any man shall advisedly; and with a ●●l●●ious intent devise Writs, etc. any manner of Book, Writing, etc. containing false, seditious. and slanderous matter; to the defamation of the Queen's Majesty, or to the encouraging stirring, or moving of Rebellion, or Insurrection within this Realm, he shall suffer, or forfeit as a Felon. Before this Statute enacted, words of this nature were not Felony; as appeareth by the Censure of Mr. Stubs of Lincolns-Inne; upon the oc●●sion of whose Fact, this Statute was made, no terrify men from writing slanderously of their Sovereign. Let my Book be laid to the Statute in the strictest kind of Trial (so it be true) it shall evidently appear, that neither for matter; nor manner: I do infringe the Statute, and so am no Felon, much less a Traitor. The other Statute, is conce●●ing words of an higher ●●●ure uttered against the Queen of King, for the time being Namely, ●●●ing him, or Her Heretic, etc. 1●. Eliz. c. 1. It is enacted, that whosoever shall publish, that her Highness is a● Heretic, Schismatic, Tyrant, etc. shall be punished as a Traitor. This Stature hath relation to the former; which was made, as it seemeth, to protect the Sovereign Majesty from petty, or lesser slanders, as Iu●●mperancie, Uncleanness. etc. The latter was to prevent such grand & gross slanders, as foul mouths might cast upon the Persons of Sovereignty; as Heresy, Schism, Tyranny. The transgression of the former Felony, or the latter Treason. Now as I am clear of all the aforesaid forequoted Statutes made against Treason, against the least King. So it is clear as the Sun, that I come not within the touch of the compass of this Statute: yea, I protest, not in thought; How then came I to be made a Traitor, without the breach of any Law? Let the Judge show me * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. my transgression of the Law, and I shall willingly acknowledge the Law to be the just Coercion or Castigation of mine Offence or Offences. But I am so fare from Gild by the Law, that I challenge all the Law he hath to bring me within the Compass of Treason, ex consequent, by Inferrence, or directly; although he knoweth very well, that the Law is not so fare to be stretched, against any Subject Delinquent, or non-Delinquent, in Case of Life, or Blood For every poenall Law, concerning those, is strictly and literally, according to the Grammatical sense, to be expounded and delivered; Witness, the Papists calling of Protestants, Heretics; by the Law of Universals, including particulars, they call the King Heretic; and so by consequent, in so speaking, are Traitors, by that foresaid Statute, 13. Eliz. c. 7. Yet the Law layeth not hold on them as Traitors for this speech. And so I might instance in other things; which I note the rather for my just defence, that if he, or any other there did plead any Law against me by way of Consequence, which must needs be enforced, by the true intent of the Law it was null: Thus all men may see mine integrity to be a quitted from Treason by the Laws. For where the St●tute-Law cl●●●eth, no Principle of Common-Law, nor Case, nor Comment d●●h condemns. But it is 〈◊〉 wonder, that I am thus traytored, it hath been thus with by Betters, as a Learned Divine hath it: It is a s●ole Imputation of Ages to Be-traytor God's Servants, when they stand for their Master. H●m●n accused Morde●ai, and the Jews of Treason, to King Ahashu●r●sh. * Mr. Samuel ward, in his coal, etc. when any thing is amiss, Elijah must be the Traitor, * Hest. 3.8. and by Tertullus; the mouth of God's Enemies, * 1 King. 18.17, 18. Paul is accused to be a plaguey Fellow, and a tumultuous Traitor; * Act. 24.5. yea, Christ himself, the harmless and spotless one, escapes not this branding Imputation, * Luk. 23.2. where they falsely allege, that they found him overturning the State (for so is the word) and also hindering the Revenue of the Crown. The Disciples must not look to be better used then their Master. It is an old daubing trick of corrupt times, to slurry and soy●e the fairest Excellencies, with the foulest Names, to make the things more odious, and to veil and varnish the foulest Exorbitances, under the fairest Names; as for example, Holiness must be called hypocrisy, or Puritanisme, Zeal, fury, truly strict and sincere obedience, no better than Treason. But on the contrary, foulest Exorbitancies must be masked with the fairest Names, State-subverting principles, and practise, must be called by the name of Policy, Rotten pollution of God's Worship, by men's Devises, Orders and Dece●●i●. Pleading impudently for a bad Cause, ability in Law, giving away, or selling men's Estates at pleasure, and imprisoning their persons, Equity, condemning the innocent, and absolving the Guilty, nothing but justice; and this the wronged Parties must acknowledge, or perish, Treacherous cunning to make bare the King and State, for making their own Nests in the Cedars, must be termed wise and frugal guiding, halting between God and B●●●, ●●dera●e d●f●retion, harboring and mainraining openly Traitors against God and the King, a point of State-mystery. But God weigheth not things by their Names, but by their Nature; Yet (as the Philosopher saith) * Nomi●● 〈…〉 cons●●tian●, Pl●● 〈◊〉 sap. let Names, and the nature of things agree together, God in the Creation, and Man in his Integrity, put fitting names upon all the Creatures, truly expressing their Natures: But to invert this Institution, is to subvert the order of nature, and to sin highly against the God of Nature. Cursed be they therefore, th●● call Good Evil and Evil Good, saith the Spirit; But to hold to the particular, and so to close it up, there be so many Traitors (the Apostle showeth us) in the last days, what perilous times shall be; and that through the abundance of monstrously wicked men, of all sorts, amongst whom he reckoneth Traitors. * 2 Tim. 3.4. All Idolators, or such as serve other Gods, are Traitors immediately against God. As all offences in a Commonwealth are against the King; because they are against his Laws, and he is the head of the Politic Body: But those that are immediately against his Person, are of an higher nature; especially, the seeking of his life or to dethrone him, which are high Treason. So Idolatry intrencheth upon the Throne of God's Dominion, and striketh at the very Root of his Being; and therefore is high Treason against him. * Tantum est aliquod peccatum gravius quanto longius peripsum ho more a deo ec epit. A sin is so much the more grievous, as it removes a man the further from God. As Traitors are in greatest distance from the King, so Idolators, from God; and therefore Moses calleth it the great fin. * Aquin. 22.3. ●●tic. 3. Idolater are also Traitors against the State; because Idolatry brings desolation upon it; Witness the same place of Exod. Where GOD putteth many to the sword, and had slain the rest, if Moses had not stood up in the Gap, and turned away his wrath. * Exod. 32.7. As learned Calvin saith, it brings utter destruction. * Accersit ultimam cladem. These are held to be Traitors to the State, who being in place, as Eye▪ and hands to the King and state, see and do only for themselves, to the undoing of both the former; and not only so, but they also divert by corrupt suggestions the King's favour from his Subjects: and by deading of their spirits, do weaken the love of the Subject to the King: That such Courses are Treason, there is Express Testimony for it in a work of that judicious, and Learned Erasinus * De Institut. princip. si capito ple●titur, qui principi● monetam viti●●it quanto dignior est eo supplicio qui principis ingenium corruperit. if Clipping or corrupting of the Kings Coy●● be Treason and her worth to lose his bea●e, that doth it; how much more worthy is he of the same Punishment that Corrupteth the disposition of the King: They are Traitors who by any ●ea●●●, words writings or other practice, Endeavour to withdraw any with in the King's dominions, from their Natural Obedience, or from the Religion now established here, to the Romish Religion: a● to move them to Promise Obedience to the Sea of Ro●e, the Counsellors, and Aiders of such offenders are within Misprision of Treason, * 23 Eliz c. 1. what Case then by the Laws are all the Plotting and Pragmatical jesuits in their accomplies, yea such as entertain the Archplotters in their houses and at their Tables. Th●se devour the fa● and at their tables these devour the fat and sweet of the land, and walk where they will, do what they list, and Pampered with dainties and flagons of wine (as they say) strut it out insultingly over the imprisoned and distressed Servants of God, sustering: much hardship for witnessing the truth. I speak upon Experimental knowledge, what in sufferable Treason is it; for a Subject to Suggest to the Queen to convert to the Catholic faith, or rather subvert our King, and to profess their hopes of it, which is flat Treason by the statute, and this is delivered in a Book written by R. B. as he calls himself, and printed at Douai (as they say) anno: 1632: wherein (he saith) he hopeth, that the Queen shall make the Land happy by restitution of the Catholic Religion, & converting of the King to the same * Epist.] page 32. & in a passage of the Book itself, he taketh not only away the King's supreamacy or Regal power, but also subiecteth him and all other Kings, to the Obedience of the Bishop of Rome, making his Honour inferior to that of the Bishop; * Ne● magis vituper andu● est proditor patria quam communis utilitati● aut lalutis desert●r. Cic. de: sin: finally to finish this point, that great statesman of Rome reckoneth those up for Traitors, that withdraw their aid to their uttermost power, place, or ability from the advancement of the Public good, and so they are indeed. * Amos 6.9. Or as another hath it that teacheth the Law, causing the wicked to compus●● the righteous. * Habac. 7.4. Surely by the nature of the evil, and the verdict of the Word this man is the Arch-traitor, because he 〈◊〉 loeth the King and subverteth the state; who are b●●● preserved by the Laws and the execution thereof p●pul● s●●● 〈◊〉, yea such an one layeth all upon to the cons●●●ing and unquenchable Wrath of God; witness Amos in the forequoted place, where the Lord laying out ●●●●pting of judgement, and the violence of such as boast they have Ho●●●● by the strong he whereof they thrust down People Laws and all, He sheweth also the fearful & damnable fruits of this bitter Root, behold I will raise up against you a Nation, faith the Lord God of Hosts; and they shall afflict you from the entering of Bemah; to the river of the Wilderness that is from one correr to another. Where this conclusion ariseth demonstratively. That Subverters of the Law, and Corrupters of judgement, and Violent Opressors of the People, are Traitors which I demonstrate thus. That Person or Persons who bringeth in a desolating Enemy, upon the whole state and Kingdom is a Traitor; But a subverter of the Laws A corrupter of judgement, an oppressor of the People brings in a desolating judgement upon a whole State and Kingdom (witness the words of the Text.) Ergo, Subverters of the Laws, Corrupters of Judgement, and Oppressors of the People, are Traitors. By all this, we see, that there be Traitors enough and too many in States and Kingdoms; and it as cheerly appears, that I am not one of those. Nor never a faithful Counsellor, nor uncorrupt Judge, nor impartial Justice; nor in a word no good Patriot in maintaining of the King's honour, the life of the Law, and the Subjects Right. I wish from my Soul, that a●l Traitors of what sort soever had their Treasons branded in their due desert, with Phalarius Duke of Venice, who after his Execution, instead of a Seat of Honour had a Chair cove●ed with Black set in the Senate-house, as an Emblem of his everlasting Infamy. The fourth Article of the Charge is that I am a Libello● against the Parliament: Sect. If he were a private man, I might well say sobrius haec nunquum diceret: For who fee not, that hath read my Book, that no man of my Talon hath more perspicuously vindicated the honourable Privileges of a Parliament, from the affronts of the Malignant, than I have done; and therein I have cleared divers ways and means, for the advancement of the Regalities and Profits of His Majesty, the Weal of the Subject, with the pr●pogating of the Kingdom of Christ, in the sme●rity of Religion, which is indeed the Sceptre of his Kingdom, and the Crown of his People, and that not upon supposed or feigned, but upon infallible and impregnable grounds; both from God's Laws and Mans. is this then to Libel? nothing less. what madness had it been in me, to address suits, in the behalf and name of the subjects, to the highest, and most honourable Court of the State; and withal to Libel against them? would any friend to the State, and favour of my endeavours, present one of the Copies unto the Lords another to the Commons, if it had been a Libel? Lastly, Would I have in my Answer to the Information, employed an Appeal to the Parliament for Trial, if I had Libelld against them? Let any man judge how these sort together. But for my more evident clearing, let us see what a Libel is: The name L●bellus is taken in divers senses, both by Humanists and Lawyers; All of which, I will not mention, but such as are most pertinent. As, sometime it is taken for a Supplication, which the Greeks' call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Hend●ca●●l supplic●bus vacat lybelli●. so Martial, so Sueton in Caesar, such were preferred unto Princes and Senates, by the People or Subject, * Ad negotia explicanda▪ to unfold their Grievances and Desires. And such a Libel I acknowledge mine to be: But to clear other acceptions, let us pitch upon that, wherein I take he useth it against me, * libellus accusationis. viz. An Accusatory, or Defamatory Libel. So it is used in Plautus, * Ubi tues qui me libello venereo citasti, etc. in C●r. Where art thou, that accusest me of incontinency? This Desamatory Lybel thus defined. * Famosus lyb●llus est no●modo si dissi mulato, vel ficto author is nomine reddit●r, v●rum etiam si expresse ad infamiam hoc est impingis delictum aliquod notabile. A Defamatory Libel is an Expression in writing, (whether with name of the Author feigned suppressed, or expressed) of some Infamy against a Person or State, taxing it unjustly with some notorious Crime. Now let me be tried, by this true and essential definition, * Nam c●i compe●it divinity, competit de●●●itum. If this agree to me, I am the man: but if I have not charged that Senate with any defamatory Crime (which far be it from me) then am I free from the Crime of Libeling. To shut up the point, If there were nothing but one thing to quit me of Libelling, that would do it: Namely, if I had Libelled against the Parliament, I might happily instead of tortures and torments, imprisonment, and pining to death, I might have had some of the World's wealth and glory. Ye, from the Centre of Ignominy, why must not I ascend to move in the Orb of Erring Planets, as well as others▪ who from their black mouths, and malapert affronts, have libeled, and done against the Parliament things not tolerable: Notwithstanding all which, they are come to be polished stones in the Jewelhouse of the Hierarchy; Witness, M. C. and M. * qui torqueri deb●nt ampliantur, beneficii. Senec. They who deserve highest punishments, are laden with heaps of Benefices, saith Senco●. Which they may sear shall be enough Punishments in the End. In the mean time, etsi hoc impune faciunt, yet let the Saddle for Lybelling, be set upon the right horse. The fist Article against me is innovotion of the Laws. Sect. This is as true as the Papist charge against the protestants of innovation of Religion He cannot show me what Law of God, or Man, what Statute-Law or point of Common-Law. I have innovated: * Omnium legum est manis censura nisi Divine legis imagin●m geraba●. Aug. lib. 9 de Civit. Dei. For as I plead for the Royal Right of the Ancient of Days; so I make the Antiquity of Truth, the ground of my Plea desiring, and urging, that with the Prerogative of Christ, the King's just Prerogative may be preserved. And that the ancient Laws of the Land, answerable to the Laws of God, may be like the Laws of the Mede● and Persians, which are unalterable, * supremam popu●i sal●●tem. the tenure of every Law is void except it carry the Image of the Divine Law. Since ever I knew any thing in the Law, I held it ever to be the highest Weal, * Lex est san●ti● san●ti, ju●ence ●onesta, & pr●●ibens contraria. Fortescue in comondation ●f the laws of England, fol. 8 of the Weal-public, because it is nor the invention of man; but as the Orator speaks of it, the Law is the Invention and Gift of God; the Common Juncture of the Body Politic. And therefore that learned▪ and zealous Chancellor, giveth a good definition of the Law; the Law is a holy Sanction, or Decree, commanding things honest, and forbidding the contrary. Agreeable to that Definition of Tully's. * Jubec ●a qui saci●nda sunt prohibetque con●raria. lib. 〈◊〉 league. Another reason, why I, nor others should not innovate Laws; because good Laws, are not only God's Institution, but in the Equity of them, they are Eternal: And therefore inviolable * ●●x non es● s●itum abquod populorum, se●● ternam quid●dam. the Law is not the Devise of Man, but a thing Eternal (saith the Orator.) Thirdly, whereas the Learned say, the Excellency of the Law consists in two things: In the goodness of the Laws, and the Effluence of things thence proceeding. Which of these have I opposed, or innovated? Or, yea, rather have I not pleaded, and suffered for the maintenance of both these. Fourthly, where thete are six grounds of the Law; Namely, Reason, the Law of God Good, Generall-custome, sound Maxims, Good Particular-Customes, and wholesome Penall-Statutes. On which of these, have I entrenched? Fifthly, and lastly, * Cum lex obedientibus vir, tutem declarat injuriam paffis vindicatix sit & scopus, sit legis de vita hom inum bene mereri. since it adorns the obedient with virtue, revenge the wronged, and deserveth well of every man's life; What good should I get by innovating the Laws? Indeed there be too many Innovators, both of God's Law and Mans. As first, such as decree, wicked Decrees (as the Prophet speaketh) * Esr: 10.1. where by wicked Decrees, he meaneth either such as make Decrees against Piety, Equity, or Honesty. And such the Prophet calleth, Statutes that are not good. Wherefore I gave them Statutes thet were not good, saith God, * Ezek. 20.25 that is, he gave them up to obey fancies of their own devising, id stead of the good Laws that he had given them. Or by such Decrees is meant, the wresting of the Law against the true meaning and intent of the Law, or Lawgiver, either by corrupt Pleading or by giving of Sentence. For as no corruption is so contagious and noxious, as corrupt Pleading according to the Greek Comic. * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. A wicked Pleader is the Pox to the Laws. Such Judges also as do pervert or wrest Judgement, as the Spirit speaketh, * Deut. 27.19 or justifieth the ungodly, or condemneth the Innocent, * Prov. 17.15. Such, I say, are Innovators, yea and Falsificators. Against such the Lord pronounceth a heavy Curse and Woe; yea, Esa 5.23 they are an abomination unto the Lord, as in the places forequoted. So the Lord prescribeth Laws to all men, how they should walk before him, both in their general and particular Callings; and this is called the Regal-Law, able to make every man perfect to every good work. As for instance, the Law concerning his Worship is called the Old Way. * Jerem. 6. 1● Ask for the old Way, which is the good Way, and walk therein. Now what is this Old Way? But that wherein the Prophets and Patriarches walked, directed by the Word of God. Intimating thereby, Mr. Per●. order of Causes, p. 25. that there is no true way; but that which God prescribeth. As it is a part of Christ's Kingly Office to govern his Church: so it is a main part of his government to make Laws; and another part to appoint Officers. * Jam. 4.12. There is one Lawgiver, which is able to save and destroy: and so for Officers. * Ephes. 4.11 Hence it will follow, that all they who put ways upon men in Godsworship, which he prescribeth not; ordain Laws not of Christ's making, and appoint Officers and Ministers such as God never gave; do innovate, and so it may be said of the Laws of Kingdoms agreeable to the Will of God and not of Man. In the execution whereof, Men should be like to God; and in this respect they are called Gods, * 2 Chron. 19 But if they judge injurious Evil (as it is there phrased) and will not know or understand whose judgement they execute, but make the Laws serve their Lusts, or the unjust desires of other m●n; then they innovate the Laws indeed, and thereby shake the Foundations of the Kingdom, as it is in the same Psalm, mon shall be all the Foundations of the Earth * Psalm. 82. as if the Prophet would say where men of Place will not undestand but pervert judgement and carve it against its own intent, and the intent of the Lawgiver. Upon the violation of these Laws, such disorders and disturbance of State shall follow, that all helps whatsoever shall come to ruin, the Earth (as the Prophet speaketh) shall Reel to and fro like a drunkard, and shall be removed like a Cottage; and the transgression thereof shall be so heavy upon it; that it shall fall and not rise again. * Vers. 5. there is an absolute necessity of judges to declare the Laws: and to give sentence according to the Laws; as the Civilians, and our own Learned judges have it. * Esa 24.20. it is little material that humane society enjoy Laws: except there be men of place to declare these Laws, and to judge according. and because affairs be many: Kings and States must have judges, as hands, and Eyes to discern and determine of Right * Parum est jus in societate buwana nifi, fint qui jura▪ di●●●t & regere possunt. and Wrong, according to that Council of jethro to Moses * Exod. 18.6. where not only the necessity of such judges; but also the due qualification of them is laid out, as also * De●t. 1.13 they must be wise men, * Nam ignora●●cia jud●cis est Calamitas innocentis. Aug. de civet. D●i. lib. 19 c. 6. the Ignorance of the judge is the undoing of the Innocent saith that learned father, where by Wisdom, they must not understand a bare speculative Insight in the Laws: but such a speculation as is joined with practice. And therefore the Spirit of God useth two words to express the Knowledge of Judges, Wisdom, and Understanding; where by the first, the Interllectuall part must be well informed: and by the other, that Information must be well applied to the Particulars in hand. And this Knowledge and Practice (as I take it) is all one with that Courage which is required in Judges. * Exod. 18.21 It is the same word that Pharaoh useth to Ios●ph, concerning his Brethren, where he asketh, if they be Men of Activity. Therefore Simlerus rendereth it well, * Valentes ingenio. Men of a dextrous Wit. A great Civilian * speaketh elegantly, and pertinently to this purpose; A Judge must be seasoned with two sorts of Salt, the Salt of Science, without which he unseasoneth all; and the Salt of Conscience, without which his Knowledge is Diabolical. Judge's also, saith the Word must be men of Truth, that is (as the Learned say well) * they must be true in Word and Deed, both to speak the truth, and to practise it. There must first be a diligent seeking out of it, by all good evidences; and then a judging accordingly, secundum allegata & probata, as they say, * yet never with the neglect of Conscience. * Let them determine as it becometh them, according to the evidence of things proved, saith that great Lawyer Vlp●anus; and that they may thus do, let them love the Truth, as another Civilian saith upon this place, or as Solomon, Let them buy the Truth, and not sell it, as every Man should speak the truth from the very bottom of his heart, So the hearts of the Judge should be the Cabinet of Truth. And as Untruth should be odious in the mouth of every man; so it is most abominable in the mouth of a Judge, because it is countenanced from the place of Justice, whereby the Name of God is blasphemed the Righteous broken, the Wicked strengthened, and the State ruined. Auother Property; they must hate Covetousness, where the Phrase (as Cajetan observeth) is very emphatical, * ●Etfi sufficit alia non esse avarum. though it be enough unto another, that he be not covetous: yet a Judge must be so far from Covetousness, that he must hate it and abhor it. As the word Batzah signifieth * Avaritia & cupidi tate evertituus Judicium. by covetous Desires, judgement is over-turned, saith a Civilian. Augustine calleth the Covetousness of Judges * Noveram Jus●itiae & nu●●●tricam Gehennae. the Stepmother of justice, and the Nurse of Hell. justiman draws the Picture of a Covetous Judge to the life, A covetous Judge delighteth more to look upon the Mass of Gold, th●n the Son of Righteousness. Plutarch tells us, that the Judges of Thebes were pictured without hands: Implying, that they should be free from Gnifts, which (as Moses saith) Blind the eyes of the wise, and perverteth the words of the just. A worthy Judge of our own simming out the lineaments of a Judge, besides that freedom from acception of Persons; he saith, there must be in him * Avarus gratius intuetur auri molamquam Justiliae . Novel. 3. a diligent search, and inquiry of all things to be judged, and a just execution of things decreed. * Diligence exquisitio oportet en●m Judicem cun●●a ruminari, etc. And he gives Reasons for all these from Scriptures. * Deut. 1. Job. 29. 2 Chron. 19 ●●amford, lib. 2 c. 4. One thing more required, and that is the Bas● of all the rest, they must be men fearing God. The fear of God is the Foundation of all the other qualifying Virtues, * fine h●c no●● sunt verae virtutes sed umbrae. without this, the rest are not true Virtues, but shadows of Virtues. Arm a man with Authority of Place, if he fear not God, * cu●● ex p●tenciahomine●. Gen. 20.11. since out of might he feareth not wrong, what wrong may he not do? Or what will he not do, if occasion serve. As Abraham looked for nothing in Gerar, but some bloody death, because the fear of God was not there: So let no man look for justice from the mouth of that Judge; in whose heart the fear of God resideth not: For either he doth no justice at all; but by wresting of justice, turns it against those whom he should protect. Or if they do any justice at any time not for Justice sake; It is by the fear of the Lord (saith the Wiseman) that men depart from evil * Prov. 6.6 a vive Pattern of such a Judge, Our Saviour relateth in the Gospel, there was in a City a Judge, that neither feared God norreverenced man: * Luke 13. ● such a cruel and bloody Crew of unjust Judges not fearing God, were the Chief-Priests, Scribes, and Elders, * Matth. 27 who came together betimes in the morning and arraigned Christ, and condemned the Innocent to die. Which Judges and judgement Hierome & Chrisostome describeth prettily. * Erat illie solum figurae Judicii reverae autem impetus suit latronum. There was (say they) a shape or shadow of judgement, but in very deed, nothing but a violent shock of Bloody Robbers. Therefore, that Judges may bring their hearts to this fear, let them inform themselves of two things. First, as they can do a King and State no higher injury, then by wresting of judgement to violate Laws. So Kings (thus provoked) have and will put the highest Censures, and that deservedly upon such Godless Judges, as neither fear God, nor reverence them: and that the rather, because Kings shall answer to God for all the violence (especially in case of Blood) and wrong that they commit or maintain, under pretence of their Place. And therefore as Kings had need of many Eyes, and also to use them, the Egyptians drew the Hierogliph of their King, in a convolved Serpent always awake; holding fast as it were biting the tail in the teeth: writing upon it in stead of the King's Name, Custos, a Keeper, giving Kings to understand that if they will be Kings indeed, they must have an Eye to all things; aswell the lesser, as the greater, that co●●ern the good of the Weal-public, especially, in matter of Justice, * Valeria lib. ●. pag. 140. that Woman's speech to Caesar, though somewhat bold; yet was not in-opportune in itself, nor evil taken by him. If Caesar will Reign, he must look that his poorest Subjects have Justice. * Erasmus lib. 6. Apoth. For the hurt of the least Member, reflects upon the Head. And therefore, good Theodosius the younger gave a sweet expression of a Princely disposition. * Ad privata oportet principem esse facilem ad ignoscendum: in iis quae laedunt rem debent esse severi. Erasm. Apoth. 8. In privacies Princes should be easy to pardon; but in things that prejudice the Weal-public, they should be very severe. But to the point of danger to unjust Judges; let that remarkable Example suffice for all, Sesamines by an unjust Sentence perverting the right of a poor Woman, she pitifully complained to Cambyses the King, who took the matter to hearing, and finding her to be wronged in judgement, he caused the Judge's skin to be flayed off, and to be set in the place of Judgement (or as some made a Cushion of it) appointing his Son Ottanes in his place, with this Item; that when he looked on his Father's Skin, he should be taught to do righteous judgement. * Herod. lib. 4. This were a dangerous Law in these evil days, Cum pones justes jus est, etc. where Judges kill the Witnesses, surely if skins should be hazarded, for every unjust Sentence, if some had more skins than the Serpent, that casteth one every year, they were sure to forfeit them all. The second means to bind this fear upon their hearts, is that inevitable Answer, without Appeal, that they must make before the high Judge of Heaven and Earth to whom they must give an account of their great Steward-ship; which if they cannot do, as they have broken the People in judgement so God will bray them to powder. He who ascends the Seat of Justice, should so judge: as he desireth to be judged by that great & supreme Judge in the last judgement, over whose judgement he was left on earth. Saith one, where this holy in-awing fear is not in Judges, in judging according to the Laws, they plague the State, prejudice the King, and abuse his Royal Favour. They dishonour our God, whose judgement they execute, and they provoke God to plague them in their Posterity. ●●●tnesse, God himself in divers places, * Exod. 23.8. where the reason why men should not wrest Judgement, in slaying the Innocent, ver. 7. is this, He will not justify the Wicked, vers. 8. that is to say, God will be avenged of the unrighteous Judge. So in the second Psalm, and other places. The Prophet Micah in the 3. of his Prophe●ie from the 9.10 the 11. s●●●th forth Emphatically the monst●●●s and cruel dealing of the Judge; of Israel, they ab●●r judgement, s●ith the Land and pervert Equity, they build up Zion with Blood, and Hi●●● J●l●●● with Iniquity, the Heads thereof judge for reward, th●● Priests teach for Hire, and the Prophet's Divine for 〈◊〉 yet they lean upon the Lord, and say, is not the Lord among us? None evil can come upon us. But observe what followeth in the verse, therefore shall Zion for your sakes be ploughed, ●●●●sa●●● shall become an heap and the Mountain of the house, the high-places of the Forest; where observe, how the Impiety and Iniquity of the judges and Ministers of a Nation covered with Hy●roc●isie, do not only bring a fearful plague upon them and theirs; but also utter des●l●●tion upon Church and State. As the greater Celestial Bodies out of frame do distemper the inferior; so if Judges more not directly, they mar all: as sinews or tendo●s out loseth the motion of the Member, because they cannot be consolidated; So want of integrity in Judges makes a la●●e Commonwealth. As the Organical parts are of the s●●e temper with the similar parts of which they are compounded; to Persons & Officers in Law follow the temperature of the greater, as Counsellors and others. God pronounceth an heavy Curse and a Woe against such, * Deut. 27. 1● Esa 5.23. all their supposed advantage of place shall inlargetheir Punishment▪ their Table (as the Psalmist speaketh) shall be made a s●●●● unto them, * Psal. 69.22 and every good thing that they possess shall increase their Woe. * Potentes tormenta patientur. Mighty winked ones shall be mightily tormented. God moveth a fearful Question unto s●●● as turn allied judgement, what will ye do in the day of Visit●●●● 〈◊〉 where b●●h●●● contrary they that establish judgement in th● ga●e. (〈◊〉 A●●● speaketh) hath p●●●ises of ●●●●●y and Protection, * Amos 5. ● a● D●od●r●● S●●●l●● rep●●●eth the ma●●●r of the Th●●i●●●. * quod capital● crimen habitum cavillationib●● interpretam legum, severitatem & Majestatem distrahere proinde ●utum ●rat non cicere nisi laqueo colio circumdato, etc. It was holden a capi●●ll Crime, by ●●villing 〈…〉 ●o ●●stract or stretch the si●●●● of the Lawe● 〈…〉 ●●●●rity; and 〈…〉 i●●● as 〈◊〉 dai●●● that in 〈◊〉 of gr●at cons●● 〈◊〉 of 〈…〉 the 〈◊〉 ●re and i●●●● 〈…〉 La●es, of 〈◊〉 and Policy were to be scanned, being the very souland spirit of the Weal-public. The Councillors come to the Bar and Plead with gualthers about their necks, that if they offered Violence to the Law, they should be hanged up. Bernard speaking of such * Ampullis & resonantibus, verbis. as by swelling & frothy words pervert the Laws he calls them H●stes Insticiae▪ ●●●mies to justice. Galen speaking of bad Physicians who deceive themselves and others; sheweth the of strength erroneous Opinions, when they once seize upon the minds of men. How much more dangerous when they study falsehood for love of Lucre? false opinions seizing upon the souls of men make them not only deaf but also blind: this affected blindness joined with greediness of gain and some faculty▪ of expression Tully layeth out from the dangerous effects or Symptoms of it * Postquam commodit as prona virt utis imitatrix dicendi copiam consocuta, etc. in Prol. Rheto. when desire of gain, with semblance of fair dealing, hath once obtained a fluent faculty of expression. Then (saith he) it is odinary for mischief masked with wit; to overturn Houses Lands, & Lives. That deserved Encomie that Galen and others gives of Medicines; may be applied to the Laws; if they be well used 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they a●● the Auxiliary bands of God: but if they fall into the hands of Mountebanks, who rather abuse, then use the Laws * there is more danger from the Physician than the sickness. As the Law is defined to be an Holy Sanction: so the judges or deliverers of the Law, are by the Leg●sts called S●●●dotes. That is sacra d●tentes ●t ministrantes, teachers and administratros of the Holy things▪ therefore it is Sacrilege to abuse, or innovate them. If the supreme judge on earth cannot inno●ate the Laws, except they crossed the Laws of God and the good of the State; then mue● less ●a● Mi●●st●rs ●r deliver●●s of the Law cru●●● to the Right hand 〈◊〉 to there●●, from the ●●ve intent and m●●ning of the L●ws▪ Now that the former may not; it is cleared in th●● Tr●tise called the commendation of the Laws by that n●●er-enough commended fallen of the Laws Gh●●●●s●er▪ F●●●as●●●, and that by an●eleg●● Sim●●e from the●● 〈…〉 the body politic in these word●. As the Head of a ●ody. Natu●all●annot change his fineness, no● cannot deny or withhold from his inferior Members, their peculiar powers, and several nourishments of Blood: No more can a King, which is the Head of the Body-politic, change the Laws of the Body; nor withdraw from the same People, their proper Substance, against their wills and consent in that behalf. Then to shut up this particular, with that Axiom of the civil-law Judges should not judge or sentence after the guidance of their own Will: but according to the Lawe●, laudable Customs, and received Statutes of the place. Like unto this, is that Order of the Imperial Chamber: It is given in charge to the Judge and Assistants of the Imperial Chamber; that not out of their own proper and bare pleasure they should give Sentence: but according to the Laws and Statutes of the Empire. A conscionable ●●dge or Lawyer is such an one, as ruleth his Conscience by the Law, and then his Sentence, or Plea, from Conscience. For such as pretend Conscience without Law, are like unto Papists, or other Heretics; who still proclaim Conscience, but without that word of Truth which is the ground of Conscience. To this purpose speaketh Oruat Baldus, * Consci●●●●● l●gis vincere Consci●●●iam ●●●●●●is. The Conscience of the Law should ever command the Conscience of Man. * 〈…〉 Hence (saith he) is safety of Conscience. * The Conscience of the judge is never offended, who in judging observeth the inviolable precepts of the Law. By all which, we see, the Conservation, or Innovation of the Laws, spring especially from the integrity or curruption, Cu●●d●● L●g●●●, of the Keepers or Ministers of the Laws. Which corrupt Ministers are not unlike those Succed●●●an Vi●●●ers, of whom this relation goeth: The Lord Major of London gave order to a Sergeant to call the Brewers before him; who instead of them, warned the Vintners to appear, 〈…〉 whom the Lord Major beholding in the Court, asked what they did there: the Sergeant answered him, that upon his Lordship's Com●●●●●●ent, he had warned them to appear: the Lord Major rep●●ed that he gave order for the Brewer's appearance: It is true my Lord, (said he) and these be the greatest Brewers, or grand Impostors in corrupting of the Queen of Liquors, as I, and my Fellows find by dangerous experience. Whereupon, the Lord Major and Aldermen approved his wit, and took the matter to consideration. Even so they that are the Masters of the Wine-cellar of justice; if they mix their wine with water, or turn judgement into wormwood, these are the corrupt Brewers, or Masters of the Laws, the grand Impostures poisoning the whole State, because they poison the Fountain's head. Therefore David describing the wicked man in opposition unto the godly; he useth the word Rashangh, which fignisieth a restlessness in himself, and a disturber of others; and therefore likened to the raging of the Sea, the learned Paraphrast doth call them ex leges. Nonita Divini gens ●e●cia foederis exlex. Not only lawless but such (as if they be in place) trouble and bemire the pure Fountained of the Laws. And in this they become like the wicked and devouring Shepherds, spoken of by Ezekiel, seemeth it a small thing to you, to have eaten up the good Pasture: but ye must tread down with your feet the residue of the Pastures? and to have drunk of the deep waters, but ye must foul the rest with your feet? And as for my Flock they eat that which you have trodden with your feet: and the drink, that which ye have fouled with your feet. * Ezek. 34.18, 19 where by shepherds, are meant, both Pastors, and Magistrates; and by good Pastures, and deep Waters are meant, The pure Word of God, and the uncorrupt Pountain of Practice. Out of the corrupting of both which, they first made up their own mouths; and then distributed to the People nothing but what they had corrupted. Let Kings therefore (as the Psalmist speaks) be prudent, and let the judges of the earth be well nurtured; * Psalm. 2.10 for if they kill not the Son, whilst he is angry, that is, both in justice and Religion, they shall perish in the midway; that is, even in the top and the ruff of their wicked works; when they looked least for it, they shall suddely perish. And this the Apostle assureth them of, as if they had it in their hand, the wrath of God (saith he) is revealed against ungodinesse. * Impiet as est proc are in Deu●● Iniquil●● in Homi●es Orig & Chr. Where Impiety is to sin against God, and Iniquity against Men: the reason is, from that which aggravateth their sin: Namely, the withholding of the Truth in Unrighteousness. Which Phrase, a the Learned do observe, doth intimate men to have a knowledge of the Truth, both in things concerning God and Man. But they do the contrary, the very Emphasis of the Word laveth it home to corrupt judges, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a word borrowed from the Practice of such as tyrannously 〈◊〉 press the I●uo●ent and casteth them into Prison. But by the contrary, blessed are those judges, and other Ministers of the Law, that do and speak righteous judgement: for they may confidently wait for safety, when trial cometh upon the whole Earth. It is remarkable how Marcham chief justice in Ri●h, the third his time, denying to give sentence against Burdet the Vintner, for saying, he would make his Son Heir to the Crown; Was contented rather to lose his place, then to part with a good Conscience for which his Posterity hath prosperously flourished till this time. But on him who for his place was content to condemn the Innocent, the Lord revealed his wrath indeed, in plaguing of his Postestrity; and so much for the Innovation of the Laws. The last particular of this long charge, is, Sect. that I am a factious Person in the Commonwealth. Respondent ulti●a primis, the last is like the first, When accusations come from men of place, from whom nothing but sacred truth should proceed, they seize deeply upon the Accused, being brought low in the eyes of men, how soever they be guiltless both in God's eyes, and in the eyes of all that are impartial. It is an ordinary course in such Accusations, to use words of courses which being many in number, and wanting weight of proof sunt sol●is le●●●●a caduci●, of themselves they are lighter than fallen leaves. How soever accidentally they damnisie the Accused. Now to clear myself of this, as of the former, according to the course that I have taken in the rest, Let us consider what Faction, or a Factious Person is, for as my Accusor should have cleared the Crimes charged upon me, by giving a definition or description of them; and so according to the nature of a definition, * Rem definitum prosequi dum proprium. efficiat●r lib. 2. de demonst. c. 14. ●it. 17. is to prosecute the thing defined, till it plainly appear to agree properly to the Party spoken of. But as I am not gvilty of the matter nor charge with it methodically: so I follow a course by way of Definition to acquit myself of the matter charged upon me, namely proving directly that the thing defined toucheth not me. N●m eni non competit defintio non competit definitum. Faction with Lawyers and Polititions, is either taken in the better, or in the worse sense. In the better sense, it is either taken so simply, or accidentally, the former of these is defined thus by Politician's * there is one kind of faction, which defendeth the Laws and Right of a Weale-Publiqve against all unjust oposers of the same. And this is the best or an approvable factions. Of this kind of faction I desire ever to be, and all good Subjects should doc the like, so fare as place, and power, calleth them. * Nam nati sumus potius Reipub. & legibus quam nobis ipsis. We are rather borne to the Republic, and the maintenance of its Rights; then to ourselves. The latter kind of good faction consisteth, in the division of families, or men of note in place, evil in itself, yet accidentally good, because it poiseth the adverse faction. To this purpose speaketh that great Ropsodian in Rep: * divers factions so they move not sedition, are to be tolerated in a commonwealth: because by this means the State may be better tempered, and kept as it were in an equal balance. Instance, in Rome, the Tribunes of the people, kept the Consuls and the Senate in an Equilibrie. So in England under Queen Elizabeth and other Princes, by divers factions the State was Poised: howsoever the parties in their divisions had their own particular ends. And this is that concerdia discors, that keepeth the State in tune and temper. The second sort of faction is evil continually and co-incident with sedition, though in some particulars they differ, there is a faction (saith a Statist) that without just ground rusheth upon violent courses; and this faction, is sedition, if it be confirmed by Covenant, it is called Conspiracy, if by oath Conjuration where upon immediately followeth his definition or description; faction is, a gathering together of more or ●●wer by Conspiracy the end or Issue where of (saith Bodin) is either the destruction of both or the advancement of the one party to the stern of Government. For this there be a world of Instances, as of that Faction of the Gwelph● and Gibellines, that of the Samaritans, and of the jews, and of the M●n of judah, and the Men of Israel, Tacitus gives a description of Factious Persons, being base and poor in their privacies, and having no hope to raise themselves; but by the ruining dissensions of the Public State, they become deadly mischiefs to the Common good, and therefore are to be taken off. The Grounds of Faction, are Ambition, or Sedition. Avarice, Hatred, Discord, and the like, or dependenc● upon great ones, whose Humour, they serve, and whose Discords they foment. * Unde factiosi qui primates civitatis discordantes ctantur. Hence they are called faction (saith the Orator) who follow the great ones of State in their discords and heart-burnings. This ground of Faction was called by the Ancients. Ius Client●●a the right of ●●●a●ing, or adhering to their Patron or Defender, whose observancy they preferred before the League of Kindred and Friend hip. Plu●arch in the life of Romulus. treating of this Subject, calleth such Clients 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 willingly to come nigh, or to adhere, intimating the strict necessitude between such Clients, and their Patrons or Maintainers. julius C●sar calleth these Clientary Coitions, factiones, factions. Another main ground of Faction, and the last that I will mention, is Reward. In such States or Kingdoms wherein Factions are ●●●●pened and maintained by Rewards there Faction or Sedition shall never be warting. For that thing to which there is a gainful recompense proposed, must needs grow exceedingly, be it good or bad. To this purpose speaketh that universal Architector. The Rise of Discord and Sedi●●●, is from converting a Public Right into a Private. Now let me be put to trial upon these particulars, both from the Nature and Grounds of Faction, as upon a competent Jury, and then it shall evidently appear, whether I be guilty of factious Faction, or no. First, was there any unjust cause undertaken, or maintained by me? or any that moved me to the work? was there concursus ad vivum, any violent manning out of the matter? was there any Conspiracy, any Conjutation? was the ruin of the tottering State, or rather the recovery aimed at by us? Was a lawful and necessary recourse, in time of danger to the whole State representative, a point of Faction? Especially, they being the great Physicians, we being the Patients. This recourse being the joint privilege of all good Subjects. Lastly, in matter and manner of our recourse, nothing laid down but the very open and public Diseases of the Church and State. Proved invincibly from the Laws of God and Man; pleading for nothing more next unto Christ's right, than the right of the King. For the truth of all which and true intent in handling of it, I call my Conscience to record and God himself, which is greater than Conscience; For which truth I also suffer, and am ready by God's assistance to suffer to the last, if he think it good. Now if this be to be Factious, I know not what is to be faithful. As I am thus acquitted from the nature of Faction; Sect. so all the Grounds of Faction or Sedition will clear me of the guilt of it. erst, for Ambition, which according to the Etimon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is a Haughty desire of Dignity, or Vainglory; which as a Father calleth it, Barnard Ep. 126. is causa furoris, the cause of madness, now a days especially: As I had no ground for it, considering mine own unworthiness; so I thank God, since ever he gave me a call, I desired never to be ambitious of any thing, save to have a share in Paul's Ambition, Namely, to know the Power of Christ's resurrection, the Fellowship of his Sufferings, and to be made conformable unto his Death. * Phil. 3.10. In evidence whereof, the world knoweeths, that for keeping a good Conscience, I have forsake-great Preferment. As for covetousness the root of all evil, by God's mercy I had learned in some measue to be content, And where covetousness (as Augustine saith) consisteth in two things in aliena rapi●nd● et cupide sua servando, in robbing others, and in two nighly kee●ing of a man's own; For the former none can accuse me; and for the latter the world can wi●nesse with me that at time and time; I have lost for Christ, and the State a competent state for a private man. For hatred; howsoever I had many wrongs now and then; yet blessed be God they turned ever to my good; why then should I hate the Instruments? for this had been to have marred the Medicine, and to have weakened Prayer, by which the Medicine is sanctified. Augustine speaketh sweetly to that purpose. * sicut nullum in vulner evalet medicamentum, si sit infut farum ita nihil proficit oratio ubi manet odium. De rectitud. Catholic. converse. As no Salve can cure the wound so long as the weapon remaineth in it; So Prayer in affliction profiteth nothing, so long as hatred remaineth in the heart. As for Dus●ord (as the Prophet Jeremy saith) I had not much mediing with the World, and therefore the less ground for contention. As for Clientary Dependency, in truth I neither had it nor did affect it; Neither had I relation to any great Ones except my Calling occasioned me. Lastly for Reward, It is true indeed, that Reward of the Good, and Punishment of the Bad, be the Rod and Staff of Government: yet I can safely say, that I was so fare from any man's reward, that I rather spent of mine own in any business of State I confess ingeniously, that the Seeds of all the former Corruptions are in my corrupt nature; yet the grace of God in me did so curse the springing of them, that I protest, they never grounded in me, the least thought of my seditions Faction as is here charged upon me. But by these grounds, it will appear, who be the seditiously Factious; namely, Ambiti us Humans, and over-lording Dictrepheses; who! so they climb, they care not who, or what fall. And by the golden steps of their ascent, it evidently appeareth, and they may truly say with the chief Captain, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with a great sum we have redeemed it. * Act. 22. 2●. And when they are once mounted in Seats of Justice they verify that which Innocentius said of his time; * Non curant Prodesse sed gloriantur Praeesse. De utilitat conditionis human●. their care is not to profit the State: but all their glory is, that they are set in high places. And then they make the suppression and consusion of Divine and Humane Laws, Scabella ambitionis, the very Footstools of their Ambition. On these men and their Practices, Nero's Motto may well be set. N●bis viventibus, terra misceatur Coelo. So we live, let all he swallowed up in confusion. A second sort of seditious Persons, are such cove●ous achan's, as shake the Foundations of Piety and Policy, for a wedge of Gold, gainsaying baalam's, who when they cannot curse the People of God as they would, they lay stumbling blocks before them, to cause them to eat things sacrificed to Idols, and to commit Fornication. Which words are the very Comment of our Saviors words, upon baalam's practice, * Rev. 2.14. and all this breaking of the people, and polluting of God's Worship, plotted and practised by that factious Baalam, Numb. 22.7. was for there ward of Divinations, as Moses calleth it: * 2 Pet. 2.15. or ways of unrighteousness as the Apostle calleth it, * of this Cut was seditious, treacherous judas, who betrayed the Innocent blood of his Lord and Master, for a poor piece of Thirty-pences. Even so the eyes of such Baalamites and judasses', whose hearts hunt after reward, may easily be put out: and what will they not do, or undo! Philip never doubled the surprisal of that City, where an Ass might enter laden with Gold. Yea the Spirit of God (as I have formerly noted) telleth us, that where the Heads judge for reward, the Priests teach for hire, and the Prophet's Divine for money; there shall be nothing but over-whelming desolation. * Mich. 3.11, 12. These may well be called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 inexpleble Hogshead, whose practices only challenge this Motto. Oportet habere nil refert unde. Have we must; but whence, and how, it matters not. A third Sort that become Seditious, are such Misanthropicall Athenian Tymon's, whose Bowels will burst, if they cannot vent themselves in Bloody revenge. It is true, there is a lawful and necessary hatred; and that is, both of Evil and of Evillmen: ye lovers of the Lord have the evil: so the Prophet saith of evil men. Do not I hate them (O Lord) that hate thee? I have hated them that observe vain Falsehoods. * Psal. 97.10: Where by the word Hebel translated Lying-Vanities, or vain-falshoods. He understandeth not only the vanity of worldly things spoken against by Solomon, * Psal: 1: 73 but especially I dolatry, or men's vain Inventions in God's Worship as some Translations have it; and these are often so called in Scripture as, * Eccles: 10 because they are light, vain, Deut: 32: 27 1 King: 16.26 Jerem. 8.9: vile the word is simmed out by the same Prophet, in the forequoted 139. Psalm. By the qualification and extent of it, I do hate them with a perfect hatred, or with perfection of hatred; I esteem them as mine Enemies, vers. 22. where by perfection of hatred is meant (as Austin well expounds it) Vitia non homines edisse nec vitia propter homines dilexisse. to hate the Sins, and not the Persons, nor to love the Sins for the Persons; yea; the very Heathens could go thus far Naturam errantem dividere a vitiis. to difference men from their Vices, and thus not to hate is to sin, and to provoke the breaking out of the Lords wrath. Instance that saying of the Seer to Ich●saphat, wilt thou love them that hate the Lord. Where by consequence, he should have hate them: * 2 Chro 19: 2. But as this hatred is good, rightly determinated by the object. So there is another hatred that is nor good; namely, the hating of the good; and this is vatineanum odrum▪ that deadly and irreconcilable hatred which is the ground of Faction and Sedition; as this is of the Devil, and all other works of the Flesh; so hence ariseth in the wicked 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an endless War with the Godly. And of all the Factions, or Seditions▪ that ever we read of, where the Gospel was preached. We shall ever find men of this mood, the raisers of them. Was not hating Ish●●ael, the cause of the Faction in Abraham's house and Esa● in isaack's house, and josephs' Brethren in jacob, house; and were not all these Factions from Hellish hatred? and this hatred is without a cause (as our Saviour saith) they have hated me without a cause. john. 15. Yea, it is (as I have said) for the good they see in the godly. * Mat. 10.22. Yea, ye shall be hated of all men for my name's sake. And from this hatsed ariseth factious persecutions, wherewith they follow the People of God. and wh●n they shall pers●ente you, etc. vers. 23. And in this they rise up and conspire against God and his Christ, * Psal. 2.2 Sicut rex imagine honoratur sic. Deus in suis diligitur aut oditur. Greg. mortal 10. as a King is honoured in his Image: so God is hated or loved in his own. He cannot hate them, who loveth God; nor can he love God that hateth them. As the I vie or Colewort through Antipathy, eatech the hart out of the Vine; and the Oak planted by the Ollive, loseth the growth; So that Serpentine hatred of Souls possessed with it, against the good of Religion and State, will not suffer them to rest till they have either secretly eaten our the heart of both: or by open Faction burnt up the Vines, and hewed down the Oaks, yea, and Cedars too, whereby the ruin of the State ensueth; and this word will serve their humours, aut pereo, aut perim●. The 4 Seed of Sedition, is Discord or Contention one object seem two: Sect. so the crystalline humour of reaso misplaced, make a work also of the flesh. As hatred (by Austin) is said to be tras in ocul●, A beam in the Eye. As the Crystalline humour of the Eye, wavering towards any corner, makes the Eye evil against the good that it hateth. As Hamon's hateful Eye was evil against Mordecai, and the Pharisees against Christ. Out of this hatred ariseth contention (as Solomon saith) Hatred stirreth up strifes, * Prov: 10: 12 and strife or contention must be aided and maintained by Sedition: As the one of these is the original of the other, so God disclaimeth them both, as the Works of the Devil. The sour of Discord (saith Solomon) is an Abomination to God, * Prov: 6: 19 and God is not a God of confusion, as the vulgar, or rather according to the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of 〈◊〉 us stirs. As an Impostumated Botch (saith Plutarch) having rooted itself deeply in the flesh; casteth the Body in a Fever, whose Cr●ssis proveth often deadly: Even so Contention seated in avima exulcerata in a Soul, festered with hatred, begetteth that Pestilantiall Fever, of Seditious Faction, which causeth the dislocation of every State where it cei●eth. Instance the ruin of all Commonwealths that ever we read of. Instance the sour Monarchies, this Island; and all out Neighbour Kingdoms; the particulars whereof I pass, because they are so well know: to my purpose lee Virgil's testimony fustice for all, Egl. 1. Im●ius hac tum culta novalia miles habebit; Barba●●s has segest●●●●n quo discordia ●ives Perdu●it ●●iseres! Enqueis consevimas agres! Shall Impious Soldiers share our fertile Soil? Shall ba●oarous Brood reap that which we have sound? Lo Citinen● what mischief Discord brings. The Common wealth is like the Tythian Stone; of which Plynie speaketh, * lib. 2. c. 106 lib.; 6: c: 17. that notwitstanding the greatness and weight of it; if it be entire, will swim above the water: but if it be diminished never so little, it sinketh. Even so by Concord-Internall, the Common wealth is upholde●, though it be pressed down with the weight of much opposition; But if factious Discord beset the heart, like unto that Disease called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Palpitation of the heart, which ariseth from foggy and fuliginous vapours, included in the Pericardium, or tunicle of the hart; then by agitation, it fulleth into a deliquium, or fainting fit, and sinks right down: and as in this Disease, a Burning Favour is deadly, if it be not prevented by Phlebotomy; So, except the Liver-vein of contention's Faction be opened, actum est de ●e●●b the S●●s is 〈◊〉. As the great winds that bloweth, cannot move the Earth, but the subterranean Vapours in the Bowels thereof, make an Earthquake, till all reel again; So those ro●●en vapours stuffed up in the Caverns of Factions, under the colour of much deceit full calmness, break 〈…〉 ●●st in an o●●r tarning Earthquake. But in the enucleation or uncovering of this corrupt Seed of Contention, it is 〈…〉 that I re●isie, if I can, a wilful mistake of the worse sort, or at least, resolve the doubt of the bea●●●, 〈◊〉 by a clear discovery who be these conce●●i●● 〈◊〉 and by consequence who be the factions: Both the peaceable and contentious agree in the Thesi or general, that contentious Persons, are pernicious weeds, and are either to be kept very low, or to be plucked up; But in the Hypothesi or particular application, they descent mainly, who are those contentious ones. Men of contentious Spirits have nothing rifer in their mouth, then crying out of contention. They have the Synteresis of the matter in their minds; but not the Synedsis in their hearts. Like jobs Friends, they make good enough Majors, but very evil Minors. With the men of the World, who are those contentious Persons? but even the men of Peace, Peace-takers, Peace-keepers, yea, and Peacemakers with God and Man; or what would become of the Worldlings, who striving against God, and the Good, as their Nature and Practice is, to put the brand of Contention upon men that love nothing less. If they would trouble the waters with the turbulent Jews, who is the contentious man, But the Prophet Jeremy? * Jer. 15.29. a man as peaceable, as they were impiously contentious; there the Prophet heavily complaineth, that he was reserved to such wicked times, wherein the Offenders do charge the offenceless. And so may God's distressed people now justly complain; for Contention is charged upon them even by the contentious, who hate the very first motions of it. The Arminian brood & servers of their own bellies, yea blasphemous Sectaries make the Pulpits and private houses ring, and their Papers fly, with nothing so loud, as the proclaiming of the People of God to he contentious; who sows discord? (say they) who stirreth up strife▪ who be the Bouseus of Contention? who sets the Peace of the Church and State upon the Rack? who rents and tears the seamlesse Seat of Christ, but the contentious Puritans? such as will not obey the order cap and fora●●, at the name of Jesus, crouch to Altars and the rest. And thus they do not only faisly accuse Gods guiltless people; but some of them abuse the King's Majesty to his face, with these Suggestions. And herein they follow the Dyotrephean Spirit of their Fathers, who are always lashing Gods Ministers and People, whether present, or absent, with the Spirit of Contention: yea, it is to be lamented that not only so, but that men of high places, as Judges, Justices, and other great Ones; by the evil example of the Clergy (as they call it) are so frequent in this Charge; for thereby all the Rabble of the Vile are emboldened to revile the people of God with this aspersion. This is even the old strain of God's Enemies in former times; amongst many instances, take that Sermon of Dr. young's, preached at Paul's Cross in Queen Mary's days Anno. 1573: where he proclaimed with foul mouth fury-outly, the Banished Ministers to be the stirrers up of strife in the church; because they could not attain to Bishoprckes which others enjoyed * Preface to the Frankford troubles. pag 2. with this I might parallel Dr. Banekrofts Sermon at the Cross, but of that hereafter. Now for the better clearing of this Imputation, Sect. and laying of the blame where it should lie; we are to understand there be two kinds of Contention, as I have formerly discovered: two sorts of Factions, the one good and necessary, the other evil and dangerous. The former is either good absolutely of itself, or accidentally in regard of the Sequel. The former of these is determined by the Object; namely, for that which is good, by the Person, in regard of general or particular Call: Considering also Time and Place; and this is not only permitted as lawful, but also enjoined, and commanded. The Apostle St. Judas held it needful to write to all the Churches with all diligence, and to exhort them to contend earnestly for the Faith, * Judas 3 where every word hath its own weight. First, for the object, Faith, is meant fides qua, the grace of Faith, whereby we are justified, and the word of Faith, whereby we are brought to believe, and made perfect unto every good work. For this. and for all other pure Ordinances of Christ, Christians must contend, which is the Action here enjoined. Where the compound 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to contend as it were for life, is, to renew this Fight to the very last gasp. And this must be followed against Satan the World, the Flesh: Satan's Instruments; as Tyrants, Heretics, Schismatics, Hypocrites, in a word, against all the Enemies of Christ, and of his Truth. In which bloody strife, the Saints of God have been more than Conquerors, overcoming Kings and Kingdoms 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith the Apostle, Through Faith they subdued Kingdoms, * Heb. 11.33. by the same Agony or strife there, we must enter in at the strarght gate, either removing, or leaping over all impediments. * Luke 13.24 Much to this purpose the Apostle enjoins the Galatians, and in them, all Christians, to stand fast in the liberty, wherein Christ had set them free. Gal. 5.6. In which words, the Apostle implieth the assaults that the Saints shall endure, if they stand by their colour's, and will not either quit the colours of Christ, or at least quar●er them with such colours, as Christians are not allowed. In the second place, he gives express charge to contend for the maintenance of those Colours, by standing to it. Stand fast (saith he) etc. Another kind of Contention, though not good in itself, yet accidentally proveth often good to the Church and State, namely, by the contention of the wieked amongst themselves; when God setteth the Tsansgressor against the Transgressor he thereby purifieth the Air, and giveth his own a breathing time. It may well be said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that all thrive the better whenthe wicked are by the ears together. When Thiefs reckon True-men come to their own. The sting of the Scorpion is deadly poison; yet Woolfes-Bane is more deadly; But some say, that this given in drink, is a good remedy against the other. * Ad ●o ut cum venenum cum veneno luctatur, servatur homo, itide●● discord a pestilentium civium. As one poison overcometh another, whereby the life is often saved: even so the Discord of Pestilential men, proves often the safety of the Church and State. Abundance of Examples I could bring, both from Scripture and other Writ, as of Abimelech, and the Seehemites, the Sadduces add the Phatisees. But because the thing is so eleere and this is not so much to the purpose, I give it but upon the by, and return to the other which is more pertinent, namely A Contention for that which is good, which is not the Seed of Sedition, but rather the Fortress of the Truth, and Procurer of Peace. But of that contention which is the Serpentine Mother of a Draconitish Faction; the people of God may say with the Apostle, If any man list that way to be contentious, we have no such custom, neither the Churches of God. * 1 Cor. 11.16 In a word let the word determine who be the contentious, and by consequent, the factious indeed. According to that saying of Origer, (speaking of the peaceable condition of the godly, how it should be like the Concin Harmony of Musequ●) he giveth this note of the truth of it. * sitales sierine n● in nullo dissentium a mandatus. Hom. 26. in Numb. If they be such as descent not from the Commandments, nor do not cross by their courses the Evangelical Precepts, then are they fare from contention. But on the other side, they who walk contrary to God & obey not his Gospel, and follow the counsels of their own hearts, are by this Rule convinced to be the men of contention, and therefore men of Faction. For brevities-sake, Sect. I omit the rest of the Particulars of Faction, and will come to the closure, wherewith he varnisheth all the rest. He cometh upon me with my shallowness and deep ignorance of Law, how soever I seemed to be skilful. To which I answer, Law is not my profession, and therefore it is not required in that faculty that I should be a Master in Israel, yet I would not be a Stranger in Israel; that is, I love not to be ignorant of so much Law as may lead my actions and undertake: and so should every man be according to his ability and employments; from the King that sitteth upon the Throne, to the meanest of his Subjects: the reasons may be taken from the very Etimon of the word, Lex enim maligando, so called from brinding to obedience and how can they love, or obey that which they have not. * Nihilaema● tum nisi cognitum. A second Reason from the nature of the Law. * Lex est regula● & mensura actuum agendorum vel ammittendorum. Thom. prima. The Law (as the School-man saith) is the rule or measure of things to be done, or left undone. Now how can any man high or low, square his actions by that which he knoweth not. A third Reason is from that common Interest that all have in the Law, as the greatest good that they can lay claim unto. * Lex enim populi salus suprema. The Law is the highest pitch of the People's safety. And how should they esteem so highly of it, without some knowledge of it. Yet notwithstanding all this; there is not a like knowledge required of every man, but according to his Place and A stairs. And as for myself, if I were so ignorant: First, why did he pass so cruel a censure upon me, * Cum caecit as sit pars innocentiae. since Ignorance is some part of Innocency, especially where there is no evil intent. Secondly, why did he not demonstratively convince me, either of forging Authority, or of misconstruing of the Law. Neither of which, I hope, he was able to do, yea (be it spoken without Arrogancy) I have not only read the Statutes; but also I can give some account, that I have perused the best Common-Lawyers, and Civilians, and some Canonists, that are extant, and to abuse mine own knowledge, or a State, upon any by end, (which I have not) I account it impious. But to be brief, if Vox populi be true, he was not guilty of much Law. But for his Learning all must give him his due, Egregius homo usque ad Dover. Further for his invective speeches as they were very violent, and unbeseeming a Judge. So of them I will say no more, but this, according to that experimental rule of Hypocrates, * lib: 5. Ep. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the man's tongue cast his water. Now I come to the last passage of his speech, Sect. containing the sad Castrophae, or shutting up with an heavy and bloody Censure, which made the standers by to shudder (as my relator speaketh of himself.) Yet his hope was, it should never be put in execution, and indeed I hoped no less, till the Hierarchy made way for the Execution, and the Writ was out. For I conceive that men could not so fare ex ver● homines, cast of humanity, as to inflict harder things upon a man and his family, than death itself. But as it was a shuddering Sentence, so it was as cruelly executed; of which more hereafter. I insisted the longer in this tongue-assault, because it took up a great part of the time. Divers others said somewhat, being drawn to it, rather by the Prelate's grandeur, than out of any stomach they had to it. CHAP. V. SEcretary Cook fell upon the Point of jure Divino. and citing Lane sius his Agency for the Pope, in the Council of Trent against that Tenet; he was forced by the truth (as the hearers said) to acquit the defence of jure Divine. I will pass the rest and come to the declamations, or rather exclamations of the two Prelates, Dr. Laud and Dr. Neile, from whom, and by whom, the whole hugeness was driven along. To begin with Dr. Laud; then B. of London, the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or great and angry B. indeed with a dangerous sting. After the Judges and others had spoken, he fell on with a discourse of almost two hours long; with which (as some said) all the Hearers were wearied. But passing the Particulars of his Apologetic Preface; and also the bitterest of his invective Charge against me, and my Book, wherein he invented much choler and little truth. I will only point at such particulars of his Charge, as at the very relation whereof, truth shall be ready to acquit me, in the judgement of all ingenuity. In general he said, it was the most false, seditious and inhuman Pamphlet that he had ever seen, comparing it with others of that kind as he called them. Further, he accused me of Blasphemy, of High Treason, and other Nominals; none of which he could prove; of all which, I have quit myself sufficiently, I hope in my Answer to I. R. his Accusation; and also in mine Answer to the Information. He told the Court of another Book done by me, called the Lookingglass of the Holy where, which he confessed, was somewhat milder; yet notwithstanding, his late Majesty King james would have hanged him (said he) if he could have been found. And that I went over the house top with a naked sword in mine hand, * lib. 3. de. Rep. Plate giveth way to Physicians to lie for their Patients good. But for one that will be a B. falsely to accuse, it is very soul. It is true, I wrote that Book in the behalf of the late King and Queen of Bohemia: (and without Ostentation be it spoken) it hath found respect from many Nations. It cost me indeed the on-setting, by-charge, pains, and sufferigns. For by the suggestion of the Co●d●marian and Prelatical Faction, the Stationers entered my house▪ took away my goods, carried my wife, and divers of my Family to prison; only my wife fainted by the way, they left my young Children in the channelly and all this they did without Warrant or Officer appointed; which manifest wrong, I hope the high Court of Parliament will redress. But for his late Majesty's indignation against me, it was a mere suggestion: for His Royal Majesty was my only refuge, in whose presence and sight, I was frequently in the height of my Troubles. He was graciously pleased to peruse the Book, and out of his gracious favour, to give order that neither Prelates, nor others▪ should trouble me any further: And that the equity of my Cause, and the grossness of my Wrongs put upon me may the better appear; the first high Court of Parliament▪ called by our Sovereign Lord King Charles, did promise that I should have a special hearing, and just redress. He taxed me with Ignorance, and bare pretence of Learning; affirming the Book not to be of my doing for all the rare wits (saith he of the Land for Law and Divinity) have been at the making of it. If I made the Book (as indeed I did) then hath not his Lordship Learning enough to keep himself from a contradiction. It seems the commendation of the Book was Reflexive upon himself, that he might seem at least to confute such an universal piece. But it hath stood ●●rme yet against him and all his Archers. I thank my God, who with the little Learning given me●, hath enabled me to make good what I hold, which he cannot do; if with Moses he were versed in all the Learning of the Egyptians. The Learning and Place of a B. indeed should rather have used Arguments than Torments, The weapons of our warfare are not carnal (saith the Apostie) * 2 Cor. 10, 4 But his Arms shows what house he is come of. The Attorney General made once a motion, of sending some learned men to Neugate, to me, to dispute the matter; whereof I was very glad. But all the Arguments that I see to this day (as I said upon the Scaftold) were Prison, Fire, Brands, Knife, and Whip, which as a●l know are unanswerable Arguments. From these Velitations, he came to the main Shock of the Business; namely, the defence of his Place and Calling, which he said I had wronged egregiously. And instanced first in that Assertion, that it was the Grand and Master-sinne, for which God had a Cont-eversie with Us, because established by a Law▪ Wherein he offered a Challenge to all men, that when they could produce any Law made for the establishing of the BBs, Places, he would undertake to prove, that there were BBs. before that Law. If his heat had not transported him, he might have seen that both those might be true; BBs. in his sense might be before that Law: yet being established in any measure by a Law, they became more dangerous; as may be instanced from the Pope's Supremacy, acknowledged by such as did admire the Beast, that being established by a Law, it became out of measure dangerous. But by this Challenge (if I conceive not) he would wave, if not disclaim this Tenure of Humane Right too weak a Foundation for the Hierarchy, nam debile fundamentum fallit opus, for a weak Foundation deceives the Structure. But this shift discovers (compared with the undeniable evidence of those of his own house, the Laws of the Land and the King's Prerogative) how good a Subject he is; and going on, he saves me from mistake in affirming from Antiquity, that james was B. of jerusalem, and Peter B. of Anticch, a little more help would have made him say of Rome, but both a like true; And this may serve also to answer his alleging of the Fathers, as Athanasiu●, A●sti●●, Ambrose, etc. who though they were men's BBs. as Re●● calls them, yet they were not of his Babilonish Cut. The disproof of this Assertion is as needless, as itself is groundless, yea the senselessness of it will hence appear, that that retrograde or Crablike course from Apostle-ship to Episcopacy, could not suit with that highest function Apostilicall. So that he brings them ab equis ad asi●os as if he would bring the Lord Major to be Constable. But suppose it had been so, it would have made as little for him, as the Popes plead for Peter's being▪ B. of Rome, since their Hierarchy is no like Peter, than an unhappy Monkey is like a Man. But the Prelate being in solio, not content with this, he winds up the bottom of his Hierarchy, and its Government to an higher Pin, debasing the Ministers and Government of Christ most opprobriously I set down his own words, until the time (saith he) of Luther, Calvin and Beza, the world heard not of any other Government of the Church, but by BBs. and although Caelvin and Beza did abjure BBs, and their Government, yet he found them to be more proud and imperious in their Government, than any BBs. in England. For witness of which particular, let the Prelates over-topping of Kings, and States, and manifest Treasons against both: and the true and hearty submission of the aforesaid Ministers, be speaking witnesses. And following the Charge, he affirmed that I and my fellow-Schismaticks, would obtrude upon the Church a new Government, affirming that only, to be lawful, and the other Antichristian. By drawing up his forces in form of Argument, he offered to prove that the Government by Elders and Deacons and the Discipline we call for, was more truly Antichristian, then theirs. And for the enforcing whereof (though he had none to hold his cloak) yet he makes shift to bring up this Argument. That Government, which neither Christ, nor his Apostles taught, nor was ever received in the Church for almost fifteen hundred years after, that must needs be Antichristian: But the Government and Discipline called for by Elders and Deacons, etc. was neither taught by Christ, nor his Apostles, nor ever received into the Church for so long time. Ergo, It is Antichristian. — Quis talia tando? Who could but blush to hear; much more to assert such palpable untruths. We desire no better Judge, or Arbiter, than the major Propositian; and for the minor, when he, or any of his can prove it, for mine own part, I will bring both my Book and my Sufferings, and lay them down at his feet. But I may say to him, as the Welshman said in fight, Cud her not seo her Buckler. If height and heat would have let him see the truth of that Book, which he was reviling, it would have showed him the mouth of the Minor turned directly against him, by way of retorsion; proving pregnantly in divers places, the Hierarchy and their Government▪ to be Antichristian; and the Officers and Government which he maligneth, to be the true Ordinance of God: For proof of this, be pleased to peruse the * Book, especially, Zion's Plea. the proofs of the first and second Poition, and divers other places; as from Page 110 to 114. Page 87, 149, 194 to 201. and other places of the Book, any that will may find enough for that which he speaketh against, and also against that which he pleadeth for. I will quote but one place for all concerning the original of Prelacy; for I fear the bulk of this work shall of necessity be bigger than I would have it. And if Syo ●s Plea were not mine own, I would humbly entreat the honourable Senate, that where it hath been thrice printed, they would cause it once more to come forth under Public Authority, for the satisfaction of many that hath it not. To the place then that BBs. of his mould are not of God: and then by his own proposition they are of An●ichrist, * appeareth by the testimony of A. B. * Page 25. Bal. script. Brit. centur. 1.37. Cent. 6.7. col. 591. of more Learning and equanimity than himself. Sed cujus testimony nullun● gravius, But no man's evidence of better weight, from the year 507 (saith he) the Church began to be ruled by BBs. which Government was especially devised & invented by the Monks which indeed is true; for until this Age (every particular Church was governed by the BBs. Elders, and: Deacons of the same. Witness the Authors of the Cent. Mag. and though some before this were titular BBs. yet their superiority the Church would not bear. Witness, our English Synod, Synod. Harf●rd. Anno 674. For further proof, I could add a Jury of BBs. and other the learnedest of the Land, but I cannot insist. Look the 8 page of the aforesaid Book; many wondered that they answered not the Book, and therefore took it for granted they could not. Sed si non aliqua nocuisset mortus esse. As they have had divers Treatises which they never answered; so that thrice honourable Patron of Christ his Cause, the Lord Brooke, hath published a Masterpiece, which hath muzzled all their mouths. Dr. Hall objecteth against Petitions and Treatises, that still they had the Matter out of Zions' Plea, but what in Zions' Plea have they refuted? Another passage of the Prelate was, concerning their Intrusion upon Civil jurisdiction, and Lordly Dominion over the Ministry. Against both which, the word of the Evangelists are cited, * Mat. 20.25. Luke 22.25. Be not ye called gracious Lords; the Prelate was puzzled with the words; and seeing that he was beaten out of that coined distinction of the Jesuits from the simple and compound Verb 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, he betook himself to quarrelling with the translation. It is true (said he) that it is so Englished, but it is not truly translated. For trial whereof, if we consider the word, according to the strictness of Etymology 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth Benefactor. By which name few or none have cause to call them. But the meaning of the Spirit there, is by the word to set forth the outward Pomp, Splendour, and Bounty, that accompany the Government and Deportment of Princes: And therefore the Latin translateth it Benefici. The French indeed hath in the Text, Bien facteurs, but the Marginal Note explains the meaning very fitly, by the word Mag●●fiquis, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (as Lawyers and Humanists observe) is some Externall Art of glorious bounty, such as cometh from Princes, or Princely dispositions: The ground of this acceptation, I conceive to be from a word in the first Language of the same signification. The Prophet David desireth the Lord to give him a free Spirit, * Psal. 51. 1●▪ but the Word in the Original signifieth a Princely and Royal Spirit. A well framed Spirit. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the French Bien fais in the Margin. By this it appeareth, that the Prelate brings either his dissimulation upon the Stage in impeaching that which he knows to be a true and fit translation. or otherwise, he discovereth his Ignorance in Scripture-phrase, and the Originals. All this while this man of Tongue▪ spoke what he would without controlment, and made up his conclusion with concurring to that heavy & bitter Censure, which was hatched & brought out (as his Servants, and others could tell) before my cause came to trial: But to his conclusion, he added an Apology for his Presence and Assistance in this great Service, where he confessed, that by the Canon-Law no Ecclesiastical person ought to be present, or assist in such a Judicature, where there is loss of life, or member: But (said he) to take away the Ear is not loss of hearing, and so no member lost; neither is the slitting of the Nose loss of smelling, and so no member lost. So for burning the Face, or whipping no loss of Life or Member; And therefore he concluded, he might assent to the Censure. I have set down his own words, as they were related unto me; and by this Paliatory distinction I appeal unto any Scholar, whether, or not he hath dismembered Logic, Law, Divinity, and Anatomy; knoweth he not, that the form gives the being! Now mangle an Fare, or an Nose, and it wanteth the form; and so it is not in propriety of speech an Ear, or a Nose; Again, an Organ may lose the function, and yet remain an Organ: so an Organ may be mangled, and yet some part of the function remain. Secondly, for Laws Divine, Humane, as Civil-Law, Canon-Law, the Laws of England, Statute, and Common: Counsels, the whole Current of the Learned, Ancient, and Modern, concur with one voice, to the secluding of them from all Civil Judicaure: what place then is there at all for the Prelates daubing and illogical distinction. For proof of all this Cloud of Witnesses, I entreat the Reader, for brevity's sake, to have recourse unto Zions' Plea, from page 129. to page 135. out of which I hope he shall have abundant of satisfaction. By the Laws of England no Clergyman shall bear any Rule, or exercise any Jurisdiction, nisi in spirit●●libus (faith Br●cton) * lib. 1. fol. 5. numb. 2. the second Lawyer that wrote in England, who lived in the time of Henry the 3. when Popery was in its Ruff. Another ancienter than he, and first that ever wrote, bears witness to the same truth; namely, Judge Glanvil in the time of Henry the second, * lib. 4. fol. 32 ●. 6. That they should not meddle with any matter of Civil Right, though it seemed collaterally to belong unto them. The State of Venice (though Popish) maintain their Right in this particular against the Pope, and all his Clergy, whom they would not suffer to meddle with any secular affairs: though the Pope interdicted them shut up their Churches, and was preparing to come in Arms against them; but they stood their ground. Whereby it appeareth that the seducing the Prelates from all Civil Judicature, is no new thing; but a thing as all the Laws that we can name, and practice hath been answerable; yea▪ the Pope himself by word and practice hath approved of it and so doth Bellarmine. * de Pontif. Rom. lib. 5. c. 10. 〈◊〉 word or two of the Canon-Law which the Doctor-mentioneth, which inhibits (as the Learned observeth) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 secular cares. And was not this a shrewd seether Business, and to give judgement on a d●ing man more bitter than death. The Canon-Law (with which all other Laws concur in that particular) forbiddeth that any Clergymen should sit on Blo●●, or be present where any such Censures be given. If Be●armine in the place forequoted, will not have them to be Arbitros facult atum, judges in matters of Civil right; much less will he allow them in case of Blood. And lastly, he acted the very Quack in Anatomy; his dissertion indeed was very deep, sed potius lanlena qua●● anatomia, but rather Butchery than Anatomy. God made the Ear and not a mangled sti●mp of an Ear, for hearing; the table of the Ear reverberates the Air, being the medium between the Mallet and the Anvil, but my table was cut clear away, and so was it done to other●●, whereby our hearing is much hurt: and thence it is, that in punishing rognes they touch not the table. But something must have been said, though better nothing at all, * Nam mala causa null is medetur remediis. An ill Cause can never be cured. CHAP. VI I Go on now to another, and he shall be all that I will insist on; namely, Dr. Neale, than Prelate of Winchester. To follow a wise man, is almost to be wise, He laid about him extremely (as my Relator tells) with this Preface protesting, that although he had lived sixty and odd years; and had observed passages of State these fifty years. — Animus constantior annis. He might be a pretry Statesman of 12 or 14 years of Age: But to the point, he said, he had never heard, nor seen all that time such a vile Book, preferring it to baalam's Ass, Martin Mar-Prelate, Vdals' Book, and all the rest; and wondered, that such a Traitor, as I, was suffered to live And for his Calling, he protested he had it from the Holy Ghost, and if he could not make it good, he would fling his Rochet and all the rest from his back, yea that would he. With that he marshaled up against me, many Latin Sentences which I take (under favour) Nam, de mortuis etc. he had learned since he came to be Prelate of Duresme; for being there in the Common-School, and checking the Schoolmaster for his severity, instancing the prejudice that came to children thereby, from his own experience, when he was a Scholar of Westminster School, he said (in the hearing of a reverend man yet alive, besides others, there present) that the said Schoolmaster was never off his breech, by which he became so very a Dunce, that until that hour he could never make a right Latin Theme. After he had given me many blows and vented his choler, he came into a better mood; namely; of praying for me, that if I were not as Simon Magus, he prayed God to forgive me; with that a Lawyer not able to forbear laughing asked another that stood by, if ever he heard before, that it was a sin against the Holy Ghost to write against the B B●. Thus I hope I have not wronged any of them in relating of their speeches, for a right honest and judicious man took them; and as he sent me them, so have I delivered them. As for the Lords and others, I have little or nothing to say; for surely it may be thought, that the most of them were rather passive, than active, in so black a doom. The Commemoration whereof by way of Petition, to the honourable House of Parliament, one that was at the Censure, being now a Member of the house watered his cheeks with tears. I heard that the L. W●ntworth (afterwards Earl of Strafford) used many violent and virulent expressions against me: but it was no wonder for he and his ghostly Father the Prelate, were upon the way of a more dangerous conjunction; the ill effects whereof, the three Kingdoms have felt, and when they shall have an end the Lord only knoweth. A man of eminent quality told me, that the Book and my Sufferings did occasion their combination: for the Prelate seeing, that the Book struck at the root and branch of the Hierarchy, and Strafford perceived that the support and defence of the Hierarchy would make him Great; they struck a League like Sun and Moon, to govern Day and Night, Religion and State. And if others should be terrified by my dreadfull●sufferings; then they might trample on their Estates, their Necks, Bodies, and Souls, and make them the most Artificial slaves, under the Sun (which are worse than natural slaves) but if any should stand up for the truth, they meant so exquisitely to torture them (as they did indeed) that all that feared the Lord) (though to their great woe and grief) should quit the Land, and give all for lost: and this they had brought to an high pitch; but blessed be the Lord of Hosts, who hath cut their cords, and delivered poor souls from the snare of the Hunter. CHAP. VII. NOw to come to that Radamanthean Censure (the terror whereof made my friend that write (as he said) to shudder; but he hoped it should never be executed, and so did many more. A Knight moving one of the Lords, with the fearfulness of it; and how it opened a gap to the Prelates, to inflict such disgraceful Tortures upon men of quality; the Lord repsyed, that it was but in terrorem, and that he would not have any think that the Censure should ever be executed. But as the Prelate desired that Honourable Court to put the highest Censure that could be put: So his thirst could not be quenched, until his hand was as deep in shedding of Blood, as his tongue and heart were in censuring. I cannot tell whether I may say of him as it was said of Tyberi●; who though he loved wine, yet in respect of his thirst of Blood he was said to loathe it, fastidit vinum quia jam sitit ist●●ru●r●m. My weak distressed wife was sent for, by james the Jailor of Newgate, and a Tipstaste, to be at the Trial, who carried with her a Certificate under four Physicians hands of my extreme weakness, and sickness unto death, in the Eye of Man: to the same purpose an Attorney made affidavit into the Court, to whom my wife delivered a Petition to supersede the hearing, but having no good answer, she went away, and hastened homeward in regard of my weakness; but they called her back by a Tipstaffe, that the dreadfulness of the Censure as it seems) might overwhelm her spirit: but the God of our strength upheld her marvellously, that she was not so much as daunted, but spoke freely in the Court, yet with modesty enough. The Censure was, to ●ut my ●ares, to s●it my nose, to brand me in the face, to whip me at a p●st, to stand on the Pillory, ten thousand pounds fin●, and perpetual imprisonment; and all these upon a dying man, by appearance. — Instant morientibus ursa. The Censure thus past, the Prelate off with his Cap, and holding up his hands, gave thanks to God, who had given him the victory over his Enemies. — O curva interris anima! * Ambros. de Offic. Non est gloriosa victoria, ubi non est gloriosum certamen. There is no glory in that victory that wants the glorious fight of faith. But this was a fight against the faith, for the said censure was against all Law, Equity and Humanity, as I could make it appear from these grounds following first from the matter of my Accusation. Secondly. from their manner of proceeding. Thirdly, from the Nature of the censure. Fourthly from the Party censured. For the first; namely the Book; Is any of the Positions false? have I not punctually proved them; are any of them disproved; have I in any passage of use or explanation broken any Law of God or man? have I Wronged any man; and where there is no law broken there is no trangression? for sin is the transgression, of the Law. As I have said in Effect it is a received Maxim in all Laws * Judicium debet precedere deliberatio & causa cognitio idque secundum legem. that mature del●heration and trial of the Cause and that according to Law should precede Indgment. As the great judge of Heaven and Earth unaccountable to any, leadeth on his deputyes to this by his own practice and precept. The second ground of disproving of the proceed is from the ●aner of it, which was illegal as the matter itself; good things should be well done, or else they lose the grace; an evil thing ill done is a double evil; God loves the well doing of an action better than the good action itself, because the former is from an internal Principle resembling God himself: The latter is from an external Principle and is dead without the other. Justice unjustly done, i● injustice, and injustice with unjust Proceed is Injusticia arm●ta, Armed injustice, as Plato and others call Judgement and Justice, Virginem in corruptant. * De lege 120. So in jupging any matter, there should be an uncorrupt proceeding. 4 Things spoil the form of proceeding in judgement; Sect. namely Prejudgment better speeches of the Party, Racking or torturing of the Matter, and condemning without hearing. Of every of which, but a word: All these did concur, though it may be not in all, to the choking of the Divine Rod of Justice. For the first; namely, Prejudgment which makes the Judgement rather wrath, than judgement, the indignation wherewith the Prelates were filled, doth prove it ful●y. The second thing that made the proceeding unformall. in mouthing of which, I. R. first ran foul, whom the Prelates followed; so that the house did resound 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as Suydas hath it, with many coatumelious and reviling Threaten. To these I have replied something in my Answer to the Judge's particulars; and though such a course damnifieth exceedingly the accused, and indignifieth the Judge; yet pass. The third Deformity in proceeding is to wrest words, beyond either the Letter, or intent of the Speaker, or Writer. This (as the Apostle speaketh) is to take things in the worse part, and not to find a party guilty by the Law, and so to censure him; but to put, or enforce guilt upon him that they may censure him. The fourth and last point, but not the least, wherein the form of proceeding failed, was the condemning and censuring of me without hearing; a course indeed against Nature, against all Laws Divine, and Humane, Civil, Common and Canon-Laws, against the Law of Nations, against the practice of God himself as I have showed, against the practice of Christ, and the privilege of all men. Our Saviour Christ, the Judge of Quick and Dead, whose practice every Judge should follow, keeps this order of judging, as he testifieth of himself. I can do nothing of myself (saith he) as I hear, I judge, and my Judgement is just; because I seek not mine own will, but the will of the Father, who hath sent me. * John 5.30. He that neglecte●h this, crosseth that common truth of that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Do not give judgement before thou hearest both parties, * Plato in Demon. Alexander ever referred one ear to the party no● heard. What should demonstrate the light but against all those reasons and proofs; they dealt with me worse than with a Traitor, condemning me without sight of Judge or Accuser; & that not through my default for I desired as hearty to make my appearance as to live; but the danger of my sickness could not admit the removing of me from my bed. That current Maxim in all Laws was my sufficient excuse, necessitas inducit privilegium necessity carrieth a privilege in itself; especially it it be necessit as actus Dei, a necessity of the A●t of God, such as mine was, and could not be avoided. Upon this; humble Petition was made to the Court, that they would supersede either until God had made an end, or that upon recovery, I might as well be heard▪ as judged. which could be no prejudice to the State, no damage to the Cause no way: yea, I desired nothing, but that to which they were tied both in Law and Conscience, according to that of Magna Charta. nulli negabimus, rectum vel judicium, we shall deny Right, or Justice to no man. If it be objected, that the Matter in Controversy was confessed. I answer, it is true, but with cum confession facts, I there was to prove defensi● non● juris, a defence by Law, that the actions, fact, or words, do not condemn, but the Anomy or Evil of Actions: otherwise, the Jews had a good plea in condemning Christ for his good Actions: But, say the Act confessed, had been evil; yet it excuseth not condemning, without hearing, as I have proved at large, except it be the delinquents fault. Yea, I may confidently affirm, that Judges condemning a Delinquent without hearing, do often become the greater Delinquents, both in regard of the Person and of the Act: The more conspicuous the person is the greater is the blemish; and a corrupt Act in Justice is fare worse than an exemplary evil in the Judge's life. Because the former corrupteth the Public Founrain; the other but a Drawwell in a man's own ground. If it be further objected, that my answer was read in the Court. To this I reply, that was besides my intention, because it was but an abridgement of that which I could and would have said in defence of my Cause. Secondly, though the Answer being presented to the then Lord Keeper, was acknowledged by him to be as sufficient as ever any Answer that was put into the Star-chamber. Yet all reason required, that I should have had personal audience: First, that I might answer to that which might be further objected: and further, since they gave me order for putting in my own Answer, because Council durst not plead, and the Law did allot me twice as much time for my Defence, as the Attorney should take to accuse, though he was to speak last, the very Law of Nature and Reason did plead the necessity of my Personal presence. I will shut up this Point with that testimony of Nicodemus. Doth our Law condemn a man before he be heard. The third ground of my Exception against their Proceeding is from the Nature of the Censure, being the Highest (as I. R. said) the Court could Put. it was high indeed and with great rigour; but as undeserued as ever any Censure was put since it was a Court all circumstances considered. Fuit gravis et in audita Censura, a heavy & unh●ard of Censure. Politicians, and Lawyers, in their discoveries of Censures concur all in this, that Magistrates should be very wary in Censuring, especially to Bodily punishment, to look to their grounds, the matter, the manner, the preparation of the punishment, and how they should be effected, when they are forced to punish. The 4 and last ground whence their proceed is disproved, is from the person Censured, whose degrees (to let other things pass) did exempt him from any such punishment, besides inbred genoorsity, a master in arts, I commenced also Doctor; for my capabillity in these degrees, I have the seals of two Universities St. Andrews, and L●yden, with more than Ordinary aprobation as may appear, Imitatu jan● existimen omnes. Paenas impons ad hibita ratione qualitatum earum, I hold it worthy the observing, that in the imposition of punishment; there must be a consideration had of the Perso 〈…〉 and qualities thereof, * knighthood cannot suffer any ignominious punishment, lib. aut facta, etc. no more can a Doctor * Doctoratus privilegia, etc. the privileges of Doctor all degrees, are the very same by Assignment of Law, that belong to Equestrall dignity. With prejudgment, rather than judgement they set on the highest censure that ever was given upon the greatest Malefactor: not once making known what Law I had broken, or what crime I was guilty off. Also thus Censured▪ I lay under the hand of God and under their Censure at mine own own house. Whence the under jailor of Newgate would needs carry me in my sickbed; but that my friends entered in ten thousand pound bond for me. Notwithstanding the said jailor all the time of my sickness, played the Lord-dane over my house challenging it to be his, and set thievish fellows over me upon my charges, besides the moneys he had of me and of my friends; at length before full recovery he carried me to the fleet, where upon promise of liberty to retire unto my own house for my health, my friends entered ten thousand pound bond for me; but failing of that liberty▪ I took in my bond: So, thus in much weakness of body, I remained during the time of the Plague, by which the Term was adjourned, and the Execution of the Censure deferred. But the Plague ceasing they began to sit, I was carried before the Hierarchy at Lambeth, where I spoke in defence of the Truth as it was given me of GOD, and that to this effect as far as I can remember. First, I disclaimed their ●udicature, giving them Reasons for it and that it was not out of contempt of their Persons, is disesteem of their Gifts; but because (as I had cleeked in my Book,) they were not of God, and so had no power given: so they did intrude upon the Estate, Body and Blood of me▪ and other Subjects, contrary to the Laws of God and the King's Majesty, as the Book showeth at large. And if they could bring one title for their Calling and aforesaid Practice, either from the Law of God, or Law of the Land, I should lay down the Buckler, one replied that I was not brought before them, tanquau● sub judice alieujus fac●i, but that they might degrade me; for ●●●●rwife the censure could not be executed. I replied in effect, that it was a rotten Antichristian course: for if a Minister transgress, shall he not be subject to the power of the Law 〈◊〉 imo qua, Minister as well as any other. Secondly, they had no power to degrade, because they could give no degree of Ministry. Thirdly, and lastly, I told them I had no Degrees from them, and if I had, I would disclaim them. But sure I am. that my Degrees, by the Law of Nations, should have exempted me from such a cruel, and reproachful Censure: but since it is so, with Moses I esteem the reproaches of Christ greater riches than the treasures of Egypt. Further, I offered there (as formerly in other place) to maintain my Book against all Gain-sayers; but none opposed it. As I was thus speaking, one told me, that the King had passed by Treason in me and had changed the Penalty into this censure. To whom I replied (as I remember) that no honest Subject had a face to charge me with Treason; for my heart (was conscious to its own Loyalty; and that my Innocency in that might appear, I offered before all the People, that if that man that sat before me meaning Dr. Land) who had his hand in my blood, would move his Majesty to pass that Censure and to give me my trial at the Common-Law, if I should be found guilty of the breach of his Majesty's Laws, I should desire no favour, but humbly thank his Majesty for so fair and legal a Trial. Other things passed, which I omit; only in the closure, when they bid take me away. I told them, I had one message to them; namely, if my blood were shed, the Lord would require it of them. And I did summon some of them, ere long, to appear before that great Tribunal of God, to give an account for it, and so some have made their appearance. From Lambeth I was brought back to the Fleet, where I remained some sieve days, expecting the execution of that dreadful Censure; yet to God's glory be it spoken (the Spirit bearing me record) without the least touch of any dauting terror, but with m●●h comfort and courage the Lord ●a●ryed me on in humiliation and prayer, the People of God assisting me, all this time betwixt recourses to God. As formerly for my abode in the Fleet, as occasion was given, I did traverse with so me learned and judicious, the lawfulness of escape; yet ever with an upright indifferency to submit to the Will of God, and motion of his Spirit: and I speak the truth, and lie not, that all the learned and judicious that ever conversed with me, concluded absolutely the lawfulness of my escape, being well qualified, only the expediency, or inexpediency in me, they left to the particular instinct of the Spirit which was, it shall appear, by the unanimous consent of the Learned, carrieth the main sway in this Case ●f or my judgement not without sedulous scanning, and mature deliberation, it was fully possessed of the lawfulness of the thing; only my Assertion stood in relation to the thing, as God should offer or deny the means: at length God did not only present the means, but also opened the mouth of one of the Instruments, to tell me in plain terms, that if I answered not the Opportunity, it was a tempting of God, and to my bloodshed I should be accessary; which thing, as I had formerly pondered, so it presently gave me to lay hold on the occasion; and as the good hand of God made the way clear for me, and so I went out of Prison; the lawfunesse of which Act being a piece of Christian liberty I have proved in a Treatise by itself, from good grounds, good ends lawful means, and due Qualifications. I have satisfied all that come to me and some with tears have beg●d pardon for censuring of me. The Ancients have set forth whole Treatises for the lawfulness of flight, as Athans Ambros Seneca, Aquinas. But I hope few or none will doubt of it, a main motive to me, was the diverting Blood from the Land: but nothing could serve the Prelate but Blood: and so with Vriah I was brought to the stake, he had his desire. The aforesaid Censure was executed in every particular in a most cruel manner, and measure: the Executioner was made drink in the Fleet the night before, and also was hardened the very same day with strong water being threatened to do it with all rigour: and so he did by Knife, Whip, Brand, and Fire, insomuch, that never a lash he gave with a treble-cord, but he brought away the flesh, which I shall feel to my dying day. I being put thereafter on the Pillory an hour and a half in Frost and Snow, they inflicted the rest, and would not let me have a Coach of my own charge, to carry me to the Fleet: but I was forced to be carried by water, for I was not able to go. The Officers of the Fleet sent me up into the common Jail, by forty seven dark steps, to a woeful dog-hole; in my assent I was divers times like to fall backwards, and break my neck; if Mr. Weale the Apothecary following me up with a Cordial had not kept me, as he witnessed to the honourable Committee of Parliament. I fell into a strong Favour, my case was very dangerous, and my recovery very doubtful; as my Chirurgeon and others did witness at large to the aforesaid Committee: after that I was kept strait Prisoner within the Fleet Walls the space of nine years and a quarter, having been prisoner three quarters of a year before that. I was never suffered to breath abroad, nor all that time to see my Family in my house, it being less than a Bows draught of the Fleet; much hardship I endured and many rough affronts put upon me and mine, by the Officers of the Fleet, notwithstanding of my inoftensive demeanours, even themselves being Witnesses. But when all this would not serve to cut the thread of my wearisome life, a masterpiece of cruelty was devised and followed by four parties, whose names are known; namely, to cast me into the common Jail, for the effecting whereof, they set eight strong fellows upon me, who with violence bruised my body, and did through me into a loathsome lousy place, forty seven dark steps up, amongst some sixteen or more of wicked and debased ones, for the most part▪ as the earth had not: the fall of the house endangered my life. I lay ten weeks under the Canopy of Heaven, in the dirt and mire of the rubbish, having nothing to shelter me from the Rain and Snow in a very cold Season. I had many assaults made upon me to take away my life, yea even then, when I lay very weak under the hand of God; All those passages, and many more, concerning the company, place, and cruel usage, were proved sufficiently to the honourable Committee: And for the further evidence, Warden Ingram told the Counsel (as he said that it was not a place to put any man in, that was fit to converse with an honest man. A Member of the honourable house laying my deplorable case much to heart (as they all did) said that he had rather have suffered all my former inflictions, and have lost his right hand too, (which he would not for a Kingdom) than have undergone those Common-jail sufferings, which were a sn●re unto my very soul, and I confess it was the very finger of God that upheld me; there I was shut up close, twenty and two months, notwithstanding the Kings command again, and again, to replace me in my former Chamber. I have a Treatise by itself of this inhuman practice to be published; the reading whereof, I am persuaded will make the Bowels to earn. At length, in great weakness, with much ado, under Ten thousand pound Bay, I recovered my Prison-pallace (I may say) having been there a while, and gotten some recovery, it pleased the Lord, to move his Majesty, to call this present Parliament, who was graciously pleased to call for my Petition, as the first work; which when I came abroad to present, I could neither go, hear, nor see, though my Petition was larger, than I thought the House would admit: yet out of sense of my distress, it was twice read, and my cause much regretted with tears of compassion: the Petition itself, I have here inserted. TO THE HONOURABLE, And High Court of PARLJAMENT. The humble Petition of Alexander Leighton, Prisoner in the Fleet. HUMBLY SHOWETH, HOw your much and long distressed Petitioner on the 17 of February gone ten years, was apprehended in Blackfriars, coming from the Sermon, by a high Commission Warrant (to which no Subject's body is liable) and thence with a multitude of staffs and Bills, was dragged along (and all the way reproached by the name of Jesuit and Traitor) till they brought him to London house, where he was shut up, and by a strong guard kept (without food) till seven of the clock at night, till Dr. Lawd then Prelate of London, and Dr. Corbet, then of Oxford, returned in Coach from Pullam house, with a Troop attending. The Gaoler of Newgate was sent for, who came with Irous, and with a strong power of Halberds and Staves they carried your Petitioner through a blind hollow way, without pretence or examination, and opening up a Gate into the street (which some say, had not been opened since Q. Mary's days) they thrust him into a loathsome and ruinous dog-hole, full of Rats and Mice, which had no light, but a little grate; and the Roof being uncovered, the Snow and Rain beat in upon him, having no Bedding, nor place to make fire, but the ruins of an old smoky Chimney, where he had neither meat nor drink, from the Tuesday at night, till the Thursday at Noon. In this woeful place and doleful plight, they kept him close, with two doors shut upon him, for the space of fifteen weeks, suffering none to come at him, till at length, his wife was only admitted. The fourth day after his commitment, the high Commission Pursuivants came (under the conduct of the Sheriffs of London) to your Petitioners house, and a mighty multitude with them, giving out, that they came to search for Jesuits Books. There those violent Fellows of prey, laid violent hands upon your Petitioners distressed wife, with such barbarous inhumanity, as he is ashamed to express, and so rifled every soul in the house, holding a bend Pistol to a child's breast of five years old, threatening to kill him, if he would not tell where the books were, through which, the child was so affrighted that he never cast it. They broke up Presses, Chests, Boxes, the Board's of the House, and every thing they found in the way, though they were willing to open all. They and some of the Sheriff's men spoilt, rob, and carried away all the Books and Manuscripts they found, with Householdstuff, your Petitioners Apparel, Arms, and other things; so that they left nothing that liked them: notwithstanding, your Petitioners wife told the Sheriffs, they might come to reckon for it. They carried also a great number of divers of your Petitioners Books, and other things from one Mr Archers house as he will testify. Further, your Petitioner being denied the Copy of his Commitment by the Gaoler of Newgate, his wife with some friends, repaired to the Sheriff, offering him Bail, according to the Statute in that behalf▪ which being showed by an Attorney at Law▪ the Sheriff replied, That he wished the Laws of the Land, and Privileges of the Subject had never been named in the Parliament, etc. Your Petitioner (having thus suffered in Body, Liberty, Family, Estate, and Name) at the end of fifteen weeks was served with a Subpaena, and an Information laid against him by Sir Robert Heath, than his Majesty's Attorney-general, whose dealing with your Petitioner was full of cruelty, and deceit. In the mean time it did more than appear to four Physicians▪ that poison had been given him in Newgate; for his hair and skin came off in a sickness (deadly to the Eye) in the height whereof, as he did lie, Censure was passed against him in the Star-Chamber, without hearing (which hath not been heard of) notwithstanding of a Certificate from four Physicians, and Ast davit made by an Attorney of the desperateness of the Disease. But nothing would serve D. Lawd, but the highest Censure that ever was passed in that Court to be put upon him; and so it was to be inflicted with Knife, Fire, and Whip, at, and upon the Pillory, with ter thousand pound Tine; which some of the Lords conceived (as he expressed himself to a man of note) should never be inflicted: Only it was imposed (as on a dying man) to terrify others. But the said Doctor and his Combinants' caused the said Censure to be executed the 26. day of November, following (with a Witness) for the Hangman was armed with strong drink all the night before in Prison, and with threatening words to do it cruelly. Your Petitioners hands being tied to a stake (besides all other torments) he received thirty six stripes with a terrible Cord. After which, he stood almost two hours on the Pillory, in cold Frost and Snow and suffered the rest; as cutting off the E●●e, firing the Face, and slitting of the Nose; so that he was made a Theatre of Misery, to Men and Angels. And being so broken with his Sufferings▪ that he was not able to go, the Warden of the Fleet would not suffer him to be carried in a Coach; but he was forced to go by water, to the further endangering of his life. Returning to the Gaol, after much harsh and cruel usage for the space of eight years, paying more for a chamber than thrice the worth of it (having not a bit of bread, nor drop of water allowed.) The Clerk of the Fleet to top up your Petitioners sufferings, sent for him to his Office and without Warrant, or cause given by your Petitioner, set eight strong Fellows upon him, who tore his , buised his body; so that since, he was never well, and carried him by head and heels to that loathsome common Gaol▪ where besides the filthiness of the place, and vildness of the company, divers contrivements were laid for taking away your Petitioners life, as shall manifestly appear▪ if your Honours will be pleased to receive and peruse a Schedule of that subject. Now the cause of all this harsh cruel, and continued ill usage (unparallelled yet upon any one, since Britain was Christian) was nothing but a Book written by your Petitioner, called Si●us Plea against the Pre●aeo●e, and that by the call of divers and many good Christians in the Parliament time●; after divers refusals given by your Petitioner who would not publish it, being done, till it had the view, and approbation of the best in City, Country University, and of some of the Parliament itself. In witness whereof he had about 500 hands: for revealing of whose names he was promised more favours by Sir Robert Heath than he will speak of; But denying to turn accuser of his brethren, he was threatened within storm, which he felt to the full, wherein (through God's mercy) he hath lived; though but lived▪ choosing rather to lay his neck to the yoke for others then to release himself by others sufferings. Further▪ the Petitioner was rob of divers goods by one Lightborn, H●es, Grave● and others, Officers and Servants of the Fleet, amounting towards the value of 30. l. for which Lightborn offered composition (by a second-hand) upon the hearing of the approach of a Parliament: but your Petitioner (notwithstanding his necessity) refused to hearken to any such illegal and dangerous way. To innumerate the rest of your Petitioners heavy pressures would take up a Volumn, with which he will not burden your Honours, till further opportunity. And therefore he humbly and hearty intreateth, that you would be graciously pleased to take this his Petition into your serious thoughts, and to command deliverance, that he may plead his own cause, or rather Christ's, and the States; As also to afford such costs and damages, as he hath suffered in Body, Estate, and Family, having been prisoner (and that many times) in the most nasty Prisons, eleven years not suffered to breath in the open Air. To which, give him leave to add his great sufferings in all those particulars, some 16 years ago, for publishing a Book, called, The Lookingglass of Holy War. Further, as the Cause is Christ's, and the States; So your Petitioner conceiveth (under correction) that the subject of the Book, will be the prime and main matter of your Agitation: to whose wisdom, he hopeth the Book shall approve itself. Also, your Petitioners wearing Age going now in the seventy two year, together with his sickness, and weakness of his long distressed wife, require a speedy deliverance. Lastly, the Sons of death, the Jesui●●, and Jesuited have so long insulted in their own licentious liberty, and over the miseries of your servant and others; who forbearing more motives, craves pardon for his plolixity being necessitated thereto from the depth and length of his miseries: In all which, he ceaseth not to pray, etc. and. K●ssath your hands. PROV. 24.11. Will thou not deliver them that are drawn up to Death, and those that are ready to be slain. But notwithstanding of my inability, the House could not prevail by entreaty with Warden I●grano, to let me take a Lodging at Westminster, though he had ten thousand pound Bail for me, as good as London afforded: through which denial, I was almost killed with a Coach, being on horseback, towards the Fleet in the dark, I received a dangerous wound in the forepart of my Leg; by the neglect whereof in following my Cause, my life was endangered, and so I lay by it ten Weeks not able to stir abroad. But before I took my Bed, my wrongs were recognized and adjudged, my Cause cleared and justified, and that by as noble, judicious, just, and impartial a Committee, as any State could afford. The Inquiry was exact the Examination punctual, the Censure just, the Report entirely faithful, the Order of the Honourable House answerable to the Premises, and the Transmission to the Lords very just and equal. Lastly they caused the Warden of the Fleet (with much ado) to deliver up my Bail: So that after twelve years hard imprisonment, I was delivered out of the Pit. wherein there was no water; for all which, I humbly thank the great God of Heaven, and do acknowledge my dutiful obleigement to the Honourable, and High Court of Parliament; expecting Execution, which is the Life of Judgement. FINIS. Imprimatur, JAMES CRANFORD. May 22. 1646.