AN APOLOGY In the behalf of the SEQVESTRED CLERGY;  
Presented to the High Court of PARLIAMENT;  
By R. MOSSOM, Preacher of God's Word at S. Pet. P. Wh. London.  
Lex justitiae, justitia Reipub. basis,  I. C. axe. 
June 17 LONDON, Printed for William Grantham, at the Black Bear in S. Paul's Church yard near the little North-Door 1660.   

TO THE RIGHT HONOURABLE THE LORDS and COMMONS Assembled in PARLIAMENT.  
Most Noble Lords, and Worthy Patriots,  
GLorious is the day of our Sion's deliverance, in which the Sun hath broken through the clouds, Sovereignty dispelled the mists and storms too of Disloyalty. Now, after our Hallelujahs to the King of Glory for the wonders of his Providence; Fit it is, that we make oblations of Gratitude, for your prudent Counsels and exemplary Allegiance.  
Whereby, whatever have been our turn and rolling, all as Eccentric to Righteousness as to Peace; we are now fixed upon our right Centre, a Loyal Subjection to our lawful Sovereign.  
And O what joy is it! to see in the High Court of Parliament, Aristides and Themistocles forget all injuries and animosities; changing their private Contention into this public Emulation, 
Herod. Hist.  Uter melius de Patria mereri possit, whether may deserve best of his Country.  
This is that (Worthy Heroes) which gives confidence to this Address, by way of Apology, so to represent the Sequestered Clergie's cause and condition, that, in the common joy, and public Exultation, they may not be the only Mourners at 
* If yet they have any Homes, since they were thrust out of their houses.  Home, in their deep distress of private affliction; which yet must needs be, if when their Persecution is ceased, their Sufferings continue; if when their Oppressors are removed, they remain still under their Oppressions. They have had their part in the Fast, and Prayers, and Tears, for obtaining the blessing of Restauration; O let them have their Portion in the Comfort, and Peace and joy of the Church and State restored. They have, though sequestered, threatened, and imprisoned, they have, very many of them (if not most of them) from Press and Pulpit, Prayed and Preached, and earnestly contended for that Liberty, wherein these Nations now stand; and O let them have at least this Reward of their services, a Release from their sufferings.  
Many of us have been Sequestered, before the late King of blessed memory was murdered, and many of us since that black and dismal Treason; and for no other Crime, but acting in our Callings, according to the Dictate of our Consciences, discharging our Ministry according to the Rule of our Established Laws. (If ignorance or scandal be truly and legally objected against any man's Ministry or Person, Let them that will plead for Baal.) Not being conscious then of violating either the Law of God or Man; If our Accusers, and their Accusations be produced in judgement, we are ready either clearly to justify our Innocence, or humbly to submit unto our sentence. Besides, impossible it is, that all notes of Discord and Parties (as his Majesty in his Declaration graciously desires, and positively ordains) should be utterly abolished; whilst our Sequestrations continue, and which is worse, if the unlawful Possession of Intruders be confirmed.  
We humbly conceive, that the Occasion of our Sequestrations is now removed, and this not by any pretence of power or Party pleading conquest (a thing to be for ever silenced) but, by a wonderful work of God, upon the very hearts of men; He and He alone hath overcome us all, in his kindness and love; to teach us to overcome one another, by all loving kindness.  
Now, the occasion (I say) of our Sequestrations being thus, even thus removed, shall a worse evil come upon us, (not only all loving kindness, but all common justice being forgotten) the unjust Possession of our Livings-confirmed? What could our greatest Enemies do more? Nay, they would have done much less, had we submitted to their Usurpation and Tyranny. We doubt not but the Honourable Court of Parliament, taking this one particular into their judicious and Christian consideration, it will persuade a speedy removing, whatsoever may obstruct our so just, so reasonable, so necessary readmission.  
Sure we are, the 
* Possessio jure consistens est civilis possessio, Cod. l. 7. tit. 32.  Civil Law does not (nor any other) justify Possession without right; so that 
* Injusta possessio non est Titulus, & sine Titulo non est locus praescriptioni, Ibid.  unjust Possession, though long, cannot give Title; and without Title, there is no plea for Prescription; but the Law obliges to restitution. We are right in the State of 
* Reversus de Captivitate, etc. Cod. l. 7. t. 35.  Captives returned, to whom, by all rules of Equity, plenary Restitution is to be made; which yet we remit of in our desires, as to the Summum Ius of a plenary Restitution, referring ourselves (Honoured Patriots) to your Candour and Moderation.  
This Precedent we can Produce, (we will not take the Confidence to propose) that when the Thirty Tyrants under Gallienus and Valerianus, had brought the Roman Empire into much disorder and confusions; and that by 
* Evagr. Hist. l. 2.  Basiliscus Tyrannising in the East, that venerable Council of Chalcedon was condemned, and the Holy Fathers of the Church, the Bishops, and other Pastors were displaced and expulsed; Zeno the Emperor subduing this usurpation and Tyranny, with the advice of the Senate, makes a Decree for a restitution to the Church, with a 
* Cod. l. 1. Tit. 2.  Decernimus, in Integrum restituantur Vniversa, & ad suum ordinem revocentur, We decree that all things be restored wholly, and reduced into their own Order.  
And not only the Civil Law asserts our Cause, but also the Common Law hath done its utmost to secure our Estates. For, besides the Articuli Cleri— so full and particularly express, we have our Interest in Magna Charta, as to Privilege and Propriety, as clear and as full, as any whatsoever. It is ordained in that Royal Charter, so often confirmed in Parliaments, that * if any thing be procured by any Person, contrary to our Privilege and Propriety (the Premises intended) it shall be holden of no force or effect. So that, 
Mag. Chart. cap. 37.  without an open breach made to the Violation of all Men's Property, we cannot be denied the asserting Ours.  
Many Objections are strongly made, which here, (I humbly conceive) are fully Answered.  
1. Object. Many learned and Godly men will be unprovided, if the sequestered Clergy be restored.  
Ans. We give their learning it's just Esteem; but let me say (and 'tis beyond any man's gainsaying) The Learnedest Clergy that ever England had, was that sequestered; their works do witness it to the whole World. And as for their Godliness, 
Matth. 12.33.  if the Tree may be known by its fruits, these, here pleaded for, have given testimony beyond exception. Yet these so eminently Learned and Godly Ministers have been (without all tenderness of compassion towards them) unprovided for, almost twenty years; which (if the Objection have any Weight) may justly require, & urge their speedy Readmission, having been out too long, to be kept out any longer, when God himself hath opened the way for their Return. And Indeed, it is God's Providence which Miraculously hath opened the way; and shall any Humane Power adventure to obstruct it? We desire no more but the benefit of the Known Law, and should not have need of any Plea, Petition, or Apology to recover our own, did not some endeavour to prevail with this Honourable Court, to Interpose their Authority, to intercept our claim.  
How then are they Godly? who will knowingly (and so, their Learning does increase their Gild) add sin unto sin, by usurping another's right after so many years unlawful Possession; and taking upon them the guiding of those Flocks, the Chief shepherd never committed to them, as not 
a joh. 10.1.2.  entering by the right Door. Besides, if this Parliament should enact (which God forbidden) that such Intruders should be confirmed in other men's Live as to Estate; and other men's charges, as to the Ministry; how great a Share would it be to men's Consciences? (if at all Godly) which certainly would not hereby be quieted, if truly Awakened.  
For our Right being Indubitable by the Law of God and Man; a Law Post fact, such as this desired from the Parliament, can no ways acquit those pretended Godly Ministers, of Palpable Injustice; but in foro Conscientiae, they lie under the known and wilful guilt of Injury and Wrong, which cannot, without restitution, admit of repentance to receive Pardon; that Maxim among the Casuists from S. Augustine being clear and certain, 
* August. Epist. 54.  non dimittitur Peccatum, nisi restituatur ablatum, there can be no remission (because no true Repentance) without restitution, in repair of Injuries. I beseech those Godly Ministers to consider, if they cannot answer this now, how they will answer it at the dreadful day of judgement.  
2. Object. This of restoring Sequestered Ministers to their Live will disturb the calm of State.  
Ans. Sure I am, the contrary will cloud the face of Heaven, and turn the calm into a storm; and leave the Nation under a curse. The greatest 
* 1 Kin. 18.17.  Troubler of Israel, is certainly oppression & injustice; & if the unjust possession should be confirmed by the Parliament, (as some men would have it) what were this but 
* Psal. 94.20.  to establish iniquity by a Law? For if we have right to possess, it is unjust to keep us out of our Possession; unjust in them that usurp our right, but more unjust in those who confirm that usurpation; especially when they have the Power in their Hands, and Law on their sides, & are appealed to by us, as a Court, and the highest Court of justice, to have our Right asserted, and our injury redressed.  
Under favour; we may, and must plead, the Parliament will not (for it is a Court of justice) & it is an audacious boldness to think they will, or petition they would, against 
* Who yet are willing to sacrifice what is most dear, to the peace of the Church; upon a Brotherly accord, for making up all breaches.  our wills, give away our rights. If the Law take our Live from us, we stand to our Trial, and submit; if the Law does not, the Parliament sure will not: I had lmost said, cannot; this I am sure, though they may confirm Men's present Possession, yet they cannot make our Right to have been no Right, it implies a contradiction; be it so then, that the Parliament should think fit to make their possession firm, can they make it just? Just in foro Poli, whatsoever it is in foro Soli? And what Conveniency should prompt the Parliament to confirm an unjust possession, I cannot imagine, nor dare to inquire. Reason of State is a secret, which duty forbids my curiosity to pry into. I doubt not, but this good service I shall do the Parliament by this Apology, to clear their justice and Honour against those men's insolence and clamour, who would engage them to violate Magna Charta, the chiefest of Laws, and the Subjects property, the chiefest of Rights.  
3. Object. If the Ministers must restore their Live, than the Purchasers their Lands; and if so, the consequences will be, a new disturbance and distraction.  
Ans. As the Ministers invading other men's livings, became too much a Precedent for the Purchasers to possess other men's Lands; so, it were to be wished, that a just Resignation in the Ministers might become (as in Godly Men and Ministers it should become) Exemplary for a just Restitution in the Purchasers. But to say truth, the Purchasers are generally far more the ingenuous; who have very many of them been satisfied with this Proposal, that, upon their disbursments being repaid, with consideration of improvement for the time, the Lands should be restored  
Now, if the Ministers had purchased our Live, as others did the Church-Lands, there might be 
* Notwithstanding the sure Rule in Civil Law, that, iniquis comparatoribus pretium reposcere non liceat, cod. l. 7. tit. 38.  some appearance of equity for satisfaction of charge; but yet still, no Plea for Property.  
4. Object. All must be content to be Loser's.  
Ans. We think, after almost 20. years' exclusion from our Live, to the utter undoing of so many numerous families, 
* I speak not this as to myself, though I have sometime tasted the bitterest of sufferings; for I acknowledge with thankfulness, through a blessing of providence upon my unwearied Labours, I have maintained myself and family in some plentiful subsistence.  forced too too many to beg their bread, and very often want bread, when they have been begging of it; We think, after this, to tell us of being further Loser's, when for so many years we have lost all, is but the part of miserable Comforters.  
Alas, many of us are so aged, that if not speedily restored, they shall not probably live, to enjoy any part of what's their own, which in this so miraculous a deliverance, is given unto them again of God. And indeed, this adds a further difference from the case of the Purchasers; that as the Possessors of our rights, never were at charge for our Live; so nor are their Heirs or Executours cut off from any after benefit, by their restoring of them. Our Tenure is but for life, that, the Purchasers have paid for, is perpetuity; so that, all the advantage we have by Restitution, is only to ourselves, for that Pittance of life which remains; whereas in the Restitution from the Purchasers, there is a profit to Posterity.  
5. Object. You of the Sequestered Clergy shall not be left without Provision; the Fanatic, and not ordained Preachers being removed, and Live as they fall vacant reserved, there will be found Live enough, equal in number and value, to admit You all to your Ministerial employment, and a plentiful Subsistence.  
Ans. A good way, if rightly ordered, to preserve the Parliaments Honour, in administering us justice; and this, without the least of clamour, in not providing for Learned and Godly Ministers. And 'tis thus; The sequestered Clergy according to Law and Reason, Equity and Conscience, being restored; Those vacated Live mentioned, will be a present supply for the Godly Ministers removed; and this, Honourable to the Parliament, and Just to us. But, that we should be debarred our right against Law, and thus disposed of to other Live; However it might seem a way of relief to us, yet can it not (as we conceive) be an act of justice in the Parliament; and so, though it does sustain our lives, yet it will not support their Honours.  
For, if we are judged capable of other Live, why not of our own? If we are not criminous, how comes it to pass, that having Property we are kept out of our old? and if we are criminous, how come we to have the Capacity of being admitted into new? Besides, we know many, put into our Live, have deserted their first Principles, and have taken the late Engagement, and done (according to that) what was dangerous and destructive to King and Parliament. Now, we suppose, such persons without dispute, shall no● be sheltered by any Parliamentary Authority, from the Laws of the Land, by which they (and all others too) are required to make Restitution.  
These then being removed, (whether pretended Heads of Houses in the Universities, or Ministers of several Churches, or the like) there will not be found (considering how very many since their Sequestration have died in their Loyalty) there will not be found so considerable a number of the Sequestered Clergy, to return to their respective charges, as to make any apparent disturbance in the State; and so, not so considerable a number of the foresaid Godly Ministers, for whose sakes, the Parliament should be put upon so great an act of dishonour, as that of injustice.  
6. Obejct. The Ministers are now so well acquainted with their People, and the People with their Ministers, that it will be a distraction to the several Parishes to receive new Preachers.  
Ans. How the several Parishes are affected towards their ancient Pastors, is very evident; Many of them (I am sure) much desiring, and earnestly longing, yea inviting their Return. Indeed, (I believe) if the Colleges were to Petition for their Governors, and the Parishes for their Ministers, it would soon appear, whether is most dissatisfactory and distracting to the Colleges and Parishes, the Absence or Return of their Lawful Heads and Ministers.  
Wherefore, it may be confidently averred, that it would be, not only a great Contentment and Comfort, to the Aged Heads and Religious hearts, of many truly Reverend for learning and Godliness, to be readmitted to the Exercise of their Ministry in their respective Cures; but it would be also an abundant satisfaction to their several Charges, who earnestly Pray and long for their returns; being conscientiously sensible, how they have, like sheep, erred and strayed, since they lost their Lawful Shepherds.  
Now, if notwithstanding this Apology, and Plea, fortified with arguments of Law and Equity, reason and Religion; if notwithstanding all this, the judgement of this so Honourable Parliament thinks fit (for causes best known unto themselves) to wave our right, and determine against our Readmission; we have discharged our Consciences, as to that 
† 1 Tim. 5.8.  Natural Obligation of providing for our Families; that Political, of asserting our just Titles; and that Religious, of attending our Ministerial Charges; all which will acquit us in our Account at the last day. And having done this, we will not Impatiently repine, nor uncharitably censure much less undutifully resist, but, in our accustomed silence, sit down in submission to this High Courts prudential Decree, and final Determination.  
At present then, in the Face of the World, we plead for that, which so Honourable a Parliament will not deny us; To our Cause, justice; to our Condition, Mercy; Mercy, for, we may not doubt, but at Westminster as well as at Athens, amidst so many Noble Hearts, we shall find an 
† Parca superstitio non thurea flamma nec Alius- Accipitur sanguis, lachrymis Altaria sudant, etc. Stat. lib. 12.  Altar dedicated to Mercy; whose Sacrifices are sighs and tears, of which we can give a plentiful offering, from Parents and Children oppressed with necessities and wants.  
We know indeed, Compassion is pleaded, as to the Families of the present Possessors; But what! may it not be more equally pleaded, as to those, the so long dispossessed? The Sequestered Clergy have, generally, from plentiful Estates been reduced to the deepest of necessities; but they who entered upon the Sequestrations, were advanced from necessitous Estates to a plentiful maintenance; and so are provided even with our Incomes, to bear the want of profits (if it must be) better, than those of the Suffering Brethren quite exhausted, and fainting under their Afflictions.  
Whether indeed is more equal? that they be exposed to want, who have Right, but no Possession; or they, who have Possession, but no Right.  
Supposing, that many, very many possessed of our Live, not being Ordained Ministers (or but lately ordained in design to hold their Live) should not continue, but must give place to the lawful incumbents; supposing this, consider I beseech you (Noble Worthies) how it clearly evinceth right of possession to be on our side; but a respect of Party (a thing his Majesty would have buried, and this Parliament hath disclaimed) is made the grand stop to our free return; for, that all others do not recede, to give us possession, cannot be justified by Law, therefore do they seek to be countenanced by favour.  
If in this Apology, any error of judgement, any heat of Zeal, any unfitness of expression, imprudence of Address, or the like, be liable to Just Censure; I humbly crave, that it may be wholly laid upon myself, acquitting the Reverend Fathers, and the Ministerial Brethren, as not in the least culpable. The haste of this Address (lest it should be prevented by the Parliaments proceeding to the Bill) not permitting a deliberate consultation with them, or a particular approbation from them.  
Now, the God of all Wisdom direct your Consultations (Most Noble Lords and Honoured Heroes) to the glory of his Name, the honour of the King, and the Peace of our Zion, through jesus Christ our Lord, Amen, Amen.  
Thus Prays Your Honour's Suppliant R. MOSSOM, a Minister of the Gospel, and one of the Sequestered CLERGY.