Exceptions againſt the fore-mentioned Proceedings.

1. THe Sub-Committees not indifferent diſcharge of their truſt, which was to conſider and report their opinions of the Book in general, which they did not, but neg­lecting the general ſcope of the Book, wholly tending to the advancement of a Common-wealth intereſt, only culled out of the Preface and Concluſion ſuch paſ­ſages as ſeemed diſtaſtful, and preſented thoſe only to the Committee.

2. Their delivering in their Report, not while he was preſent, but after he was withdrawn, ſo that he had no means of knowing his Charge, or making any Defence.

3. Granting he had been, according to Juſtice, admitted to the hearing of his charge, and making his defence, the charge ſhould have contained a recital of a breach of ſome Law, which it did not, and the defence ſhould have been admitted to thoſe two neceſſary points of inquiſition, 1. An fecerit. 2. An jure fecerit, to matter of right aſwell as of fact; but the queſtion of fact was not moved to him, in reference to any precedent charge (which was not, as far as he knows, delivered in till he had firſt owned the Book) and from the latter and moſt neceſſary part of a defence, viz. To the point of right he was wholly excluded.

4. The writing and publiſhing of his Book was reſolved to be ſcandalous, but he conceive that a puniſhable ſcandal muſt be ſuch only as the Law determines to be of that nature, and not left to the breaſt of every Judge or Committee to determine and puniſh at their own arbitrary diſcretion. Beſides, if what he hath written be true, he hopes 'twill be accounted no ſcandal.

5. It appears not that the publiſhing the proceedings of any Court without their licence, is a thing unlawful, or that to publiſh a Committees proceedings without their leave, is any breach of priviledge of Parliament. And by the way, he cannot but ſtand amazed that ſuch printing, if only matter of fact or right, Chriſtianly and truly ſta­ted without the leaſt falſification, untrue imputations, or uncivil raylings upon any, ſhould be ſuch a ſcandal in the eyes of many: the ſame thing being ſo commonly practiſed in our legal Courts of Judicature; and beſides, it being much to the Parliaments Honour to have their proceedings ſuch as they may allow and countenance the publication of them to all the world. But if any ſhall be found to have in a Committee groſly abuſed the truſt committed to them by Parliament, the manifeſting of thoſe perſons enormities in a way of ſeeking redreſs from the juſtice of the Houſe, is no diſhonour to the Committee in general, or to the Parliament, but rather 'twill be eſteemed their greateſt honour to hear and redreſs the juſt complaints of any, even againſt their own members. Now to give full notice to every member of the Houſe, and others con­cerned, of the whole ſtate of the Caſe without printing, 'twas near impoſſible, his bodily ſtrength not ſufficing to tranſcribe ſo many Copies himſelf; and to have done it by others, would have been too vaſt a charge: yet was it neceſſary for him, to counterbalance the advantage his adverſaries had of miſinforming the members of the Houſe, by ſome large and particular information of the whole truth in all its circumſtances. Beſides, there was ſome neceſſity of publication of theſe proceedings in all places where his name, ſo eminently blaſted by this Cenſure, was known or heard of. If a Committee of Malignants had done him this evil, he might have born it, the cenſure of ſuch known enemies had been no ſlander; but for a Committee of Parliament, whoſe honour and intereſt he had alwayes, throughout the whole wars, and by this very Book ſo faithfully aſſerted, thus highly to cenſure him, was a deep ſtain upon his repute, not to be otherwiſe waſht off, then by a publike vindication, eſpecially his complaints to the Parliament, by their multitude of other affairs, finding ſo ſlow and difficult an audience.

6. Of Parliament priviledges, not known to be ſuch by any due promulgation, a breach cannot be juſtly puniſhable.

7. Quere, whether it belongs not ſolely to the Law, or Parliament it ſelf to declare their own privileges, or to the proper Committee of priviledges, and therefore whether for this Committee to take upon them to determine of the priviledges of that grand body, and puniſh a breach thereof, was not in them a breach of priviledge.

8. Committees in their original Conſtitutions, were never ſet up to the arbitrary Courts, but only to be executors of the new emergent Parliamentary Laws, as were the ordinary Judges of the old eſtabliſht Laws, and therefore are to proceed according to thoſe rules, not their own arbitrary diſcretion, elſe they would ſeem to hold too much reſemblance with ſo many Star-Chambers and High Commiſſions: yet was it he thinks never heard of even in thoſe moſt arbitrary Courts, that a man was ſen­tenced without being admitted to hear his charge, and make his defence both to matter of right and fact.

9. A man put into a Fellowſhip by Parliamentary Authority, is by that power inveſted with the ſame rights as one regularly elected into his Fellowſhip: Now ſuch as are elected into Fellowſhips, were never conceived juſtly ejectable, but for a tranſgreſſion of ſome local Statute of the Founder, or Law of the Nation declared puniſha­ble, with ſuch forfeiture: One formerly admitted by mandate, was not more ejectable at the Kings will, then one legally elected. Therefore the Petitioner being made Fellow by authority of Parliament, renders him not at all the more obnoxious to an arbitrary cenſure.

10. Thoſe words culled out againſt him by the Reporters, were ſpoken of one, who having petitioned the Committee for a Fellowſhip in our Colledge, they did there­upon order us to elect a godly and learned perſon into that Fellowſhip: We looking at this man, as the moſt eminent in all good qualifications, and tacitly recommend­ed to us by the Committee it ſelf, choſe him into the ſaid Fellowſhip: but Doctor Seaman ſuggeſting to the Committee that he was guilty of Hereſie, and that he had once drunk the Kings health, though he was not the principal, but only occaſionally preſent, and the fault beſides both committed and puniſht in the dayes of his mino­rity, near three years before that judgement; he having all his life both before and after that ſhort ſeducement, given abundant evidence of his piety and good affe­ction to the State; the Committee did notwithſtanding at the ſole inſtance of Doctor Seaman, eject this man out of his legal poſſeſſion, newly conferred on him by a due election of the Preſident and Fellows, according to Juſtice, and our Founders Statute, and put in Doctor Seamans Sizar, a man uncapable by Statute, into his room. There­fore tis left to the judgement of every indifferent man, whether his deſcant upon thoſe proceedings were not very temperate, and abundantly within the bounds of mo­deſty, when he only affirmed that that power which could do thoſe things, muſt ſure be very tranſcendent, and above that of any, either Common Law or Chancery, that he had heard of. Beſides, in that very paſſage preſented by the Reporters to the Committee, they much wronged him, both in their omiſſion of that preceding introdu­ction, which might have cauſed a more favourable interpretation, and miſ-reciting the very words themſelves, as may appear by comparing their recital with the expreſ­ſion it ſelf, pag. 137. of his Book, laſt Edition.

11. If any object to him his expreſſions of Mr. Byfield: He anſwers, that he could not but call a Spade a Spade, and wiſhes they had been by that Committee taken notice of to a better purpoſe, that mans manifeſt and frequent intruſions having been in the eyes of many a great ſcandal to their proceedings.

12. There are (as common fame gives out) ſome other objections againſt him whiſpered into mens ears by ſome Clergy complying Monarchiſts, as that he holds erroneous opinions, and is diſ-affected to the preſent Government; but he hopes, better credit will be given to the language of his actions, and to the teſtimonies of thoſe Gentlemen of the Univerſity of known worth and fidelity to the State, who have known his converſation theſe many years, then that ſuch rumours ſhould be gi­ven ear to. And he is well aſſured twill appear by all his words and actions when they ſhall come to an open ſcanning, that a redundancy, not want of affection to true Religion and this Commonwealth, hath been the only cauſe of theſe aſperſions from counterfeit Profeſſors, and of all his other ſuffrings.

Yet if ought of this nature was in his abſence objected againſt him by any of the Committee when the Queſtion of his Printed Book of the Negative Voice was in Debate, or ſhall now be repeated in Parliament, he hopes twill by all indifferent men be lookt at as a moſt groſs impertinency: the Queſtion being then in Committee only concerning his Printed Book of the Negative Voice referred to a Sub-committee to conſider, and make Report of to that Committee, which Report (as appears by their own Regiſter) was the only ground of their Sentence; and much more impertinent muſt theſe ſuggeſtions needs be in Parliament; the matter humbly ten­dred to their Judgement being only, whether the Prerogative of a Negative Voice as inconſiſtent with a Commonwealth-Intereſt ſhall be forthwith aboliſht; and whether a Sentence, pronounc't againſt a Member of this Common-wealth, and known Friend to the publick Intereſt without his being allowed the Common Juſtice of knowing his Accuſer, hearing his Charge and making his Defence, be not in all Law and Equity a meer Nullity, and of right to be declared ſuch by the Supream Au­thority of this Commonwealth.

If notwithſtanding any ſhall trouble the Wiſdom of Parliament with ſuch impertinencies, he hopes, that by whomſoever objected, they will among juſt men be ac­counted no juſt ground of Cenſure till the truth and weight of them appear upon a full hearing of both parties, and mean while that this preſent extrajudicial Sentence, with all proceedings thereupon be revoked and himſelf reſtored to his Right and Poſſeſſion again in as full and ample manner, as if he had never been ejected by that Committee.

And finally, that the Negative Voice, the root of this and many other miſchiefs, in all its threefold branches; of having the power of 1. Calling and diſſolving of Meetings. 2. Propoſing or refuſing of Queſtions. 3. Acting or neglecting the Reſolves of the Major part. Plac't in the ſole Power of one Man of the Community, be as a preſſing Grievance, ſpeedily and for ever aboliſht by the wiſdom, and to the great Honour of this preſent Parliament.