An Epitome, or briefe Deſcription of Doctor Leightons troubles, for the ſpace of twelve yeares, and upward.
AS the**Iustin. •is•. lib. 6. pag. 114 Ancients of Sparta oppoſed themſelves ſtrenuouſly in the gates of their Citie, 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 Countrey, came to my houſe at Blacke-friers, deſiring my adviſe 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 then the ſurpriſers, yea and ſackers of the Church and State; and that in a more cruell and unnaturall manner, then the Thebans did againſt the Spartans, and under a more impious and bloudy leader, namely, the Man of Sinne, then was that noble and generous Generall Epaminondas: but in the particular extent or degree of inlarging their defires 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 inſlaved; ſome, that the tyranny of their Courts, troubling of people, and exacting of Fees, might be taken courſe with; but the queree comming to me, my ſimple opinion was right down, for Extirpation of the Prelates, with all their Dependances, and Supporters: my reaſons againſt that courſe was, that the lopping of the branches had done no good, the2 ſtriking at the roote, would make all fall together. Fruſtrafit per plura, quod fieri potest per pauciora: Many workes 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 houres I drew up that Decade or ten Poſitions, the ſubject of the Booke. Which Poſitions containe the reaſons of my advice. That night wee 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 replyed, 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 imploiment, and none to hale me to ſhoare. Laſtly, I conceived I ſhould have more fiſts about mine eares then mine owne, if that worke came to light; but notwithſtanding of all theſe feares and doubts, their importunity and my willingneſſe, (though in much weakeneſſe) to bring any thing to the Publique Cauſe, prevailed with me, and I framed up the proofes, which being peruſed, gave full ſatisfaction: they deſired me to goe beyond the Seas, and publiſh it; which I told them, I neither could, nor would doe, without the review, and approbation of the Godlieſt, Learnedſt, 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 Atturney Generall) I had 500. hands to it. Away I went, and publiſhed it beyond Seas, being both a chargeable and painfull peece; and becauſe ſome might think that I might ayme at gaine, if any did ſo, they might anſwer themſelves, the fiery heate of the Worke would burne up the gaines; but to anſwer more directly, I profeſſe I had in all but 50 pound of ſome private friends for the defraying of all charges, which was but a poore pittance of that which it coſt me; beſides, mine owne charges, the thing it ſelfe 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 houſe-hold-ſtuffe, which was done to our great3 detriment: but in July following I came over, we ſet up houſe againe, which being ſcarſe fully furniſhed; and wherein I had not been above ſix weekes, when on the 17. of February 1629. comming out of Blacke-friers Church, Croſſe and Tomlins two High Commiſſion Purſevants, with many others with them, by an High Commiſſion Warrant, attached mee, and dragged me with great force and violence to London-houſe, where I remained untill 7. of the Clocke. When the Prelate returned from Fulham with Doctor Corbet in his Coach; Croſſe made a ſhew to bring me before the Prelate, but he meant it not, for they carryed me through a ſubterranean-way, opening up a doore (as they ſaid) not opened ſince Queene Maryes daies, 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 kill'd my Wife: and there they caſt me into A naſty Dog-hole, full of Rats, and Miee, no light almoſt but from the uncovered Roofe, no place but the ruines of an old chimney for fire, affoording me neither meat, drinke, nor bedding; ſo that I had been betweene the Tueſday at night, and the Thurſday at noone, without food. Two doores were ſhut upon me, and none ſuffered to come at mee. The ſumme 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 mee out of the pit, where I was humbling my ſoule before God, and brought me to an upper Chamber, where ſeven or eight of the High Commiſſion, with the Clerke 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, then I was capable off; withall hee told me, that they were come to examine mee. I anſwered, that it ſeemed unreaſonable to me, to indanger a mans life by ſo cloſe, and hard Impriſon•••t, and then to examine: but I deſiring to know their authority, and whether they were not of the High Commiſſion? they anſwered, yea; I replyed, that I could not, and therefore would not be examined by them; and that for theſe reaſons. Firſt, becauſe by an unlawfull warrant, they had4 violently caſt mee into a lothſome Priſon. Secondly, both the Lawes of God and the King, doe forbid them to meddle with the body or goods of the Subject; whereupon the Commiſſion under Seale being produced, and laid upon the Table, Sir Henry Martin told me, that himſelfe and Doctor Reeve had order from the King, to take mine Examination. I replyed, that it was more then I knew: but howſoever, if they would lay aſide their Commiſſion, and by vertue 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 Majeſtie to ſend his meaneſt Foot-man with a lawfull Warrant, I will obey without more adoe. They brought out two Bookes, demanding of me if they were of my doing; I replyed, 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 lye at advantage to enſnare me. Sir Henry Martin ſaid, that they would not: I told them that the world knew that the Looking-glaſſe of the Holy Warre, was mine; and I had ſuffered much from them, unjuſtly for it: and as for the other Booke, I would acquit my ſelfe in that, as a lawfull examiner ſhould occaſion me. The Clerke 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 forbeare; and laying by all their tooles, we fell to other matter. Sir Henry asked me what I thought of the Kings Supremacie. I replyed, that if I ſhould bee put Legally to it; my anſwer ſhould give Caeſar that which was Caeſars. I told him further, that being a Schollar, and a great Civillian, he could not chuſe but know; what both Divines and Lawyers, (Popiſh and Orthodox) had delivered concerning that: hee replied, it was true: neither was he ſo groſſe, as to thinke any King or other Man to be Head of the Church; onely he did hold the King to be Soveraigne and Supreame Governour under Christ. Then (ſaid I) Sir Henry you have anſwered your ſelfe; but of this further in mine Examination by Sir Robert Heath, then Attourney Generall. From that he fell to aske me, what was the5 reaſon that I did oppoſe the Hierarchy ſo vehemently. I replyed, true it is, I have ever oppoſed them, ſince the Lord called me; but I proteſted, and that truely, it was not out of hatred to their perſons, though I and mine had ſuffered by them: nor out of envie to their places, whence their wealth, honour, and caſe might acrue: but firſt, becauſe their Places and Authoritie 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 Kings graunts, the heavie detriment of the Subject, and the highly indangering of themſelves: and this I offered to make good: and as for their perſons, I told them, I wiſhed them as well as my ſelfe. What? ſaid Sir Henry Martin, if it bee ſo, we are all miſtaken; doe you not thinke that they are of God; Nothing leſſe (ſaid I) neither thinke I that they thinke themſelves ſo, if they will impartially examine their owne hearts: for they know thoſe thoughts to bee contrary to the Word of God, the current of Humane Writers, and to their owne Peremptory Aſſertions in their owne Workes, written by them for their defence. Yea, ſaid Sir Henrie Martin, but I will prove it thus, is there not ſuperioritie in a Civill ſtate; and was there not ſuperiority in the State Eccleſiaſticall, under the Jewes: Witneſſe Aaron•ſuperiority over the Prieſts, ſo that he reaſoned thus in effect, Aaron was over all the Leviticall Prieſts.
Ergo, Biſhops by Divine Right ſhould be over Miniſters.
For all my preſſures, I ſmiled to heare their Champion for the time; beat the braines out of their cauſe, with a beame of their owne making, or of the Popes; withall I told Sir Henry, that his Anticedent and Conſequent were of ſo deepe 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;
I denyed 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 appeare by the retorting of the Argument thus.
6- Aarons Prieſt-hood was ſuperiour to the reſt under the Law.
- Ergo, No Superiority in Miniſteriall function ſhould have place under the Goſpel.
- The ſequell I prove thus.
- That which was in forme of a Type of Christ under the Law, muſt have no place under the Goſpell, becauſe it is done away.
- But not onely the Prieſt-hood, but alſo the ſuperioritie of Prieſt-hood, or Miniſteriall Function, was in forme of a Type under the Law.
- Ergo, Superiority in the Miniſteriall Function, must have no place under the Goſpel.
The Major I cleared both from proofe and reaſon, as Colloſ. 2. verſ. 17. Yea the Author to the Hebrewes ſpeakes 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 expreſſe termes, in the fore-quoted place to the Hebrewes, That the Leviticall office in Aaron, and other things were figures of Chriſts death, and to bee ended and accompliſhed in the ſame. I ſhewed how I could make good the Argument from the teſtimonies of the Fathers; as Cyprian ſpeakes 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, &c. The Apoſtle Paul will have all Miniſters to be equall; when he ſaith, Let a man eſteeme of us, &c. Doctor Willet uſeth the like Argument, by way of retortion againſt the Papiſts, bringing Aaron and his ornaments, for a warrant of their Maſſe, Church-Muſique, Vestments, and the like; becauſe (ſaith he) theſe were in Gods worſhip then, therefore they ſhould not be now. The premiſes being thus invincibly proved, Sir Henry for a while was ſilent; but at laſt brake out to his Fellow-Commiſſioners in this ſort; Gentlemen, I can goe no further, and I aſſure you if it be thus, you may burne all your Bookes. The three Deanes, or Parſons, or what they were with the Doctor, ſate ſtill mute as Fiſh, not anſwering one word. By Gods mercy, truth thus prevailing; Sir Henry began to touch on an old Callumnie, Doctor (ſaith7 he) ▪ you are a great Conventicle-keeper (as they ſay.) To which I replyed, Sir Henry, you know in your conſcience I am no Conventicle-keeper; and as I hate the thoughts, and occaſions of impious and illegall contrivements; ſo if the Law were granted me upon any Subject that ſhould thus charge me, hee might ſmart for it.
Hereof it ſhall not be amiſſe (according to my ſimple knowledge) to ſay ſomething for the clearing of Gods people, and good duties.
Firſt, againſt Gods 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 Law-giver, witneſſe 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 offendors therein; as 1o. Mar. cap. 12. 1o. Eliza. cap. 17. theſe are called Ʋnlawfull, and Rebellious Aſſemblies; including all Ron•s, Riots, or other confederacies, whether ſine armis, or vi armata. The former Statutes, and many other ſpeake 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, &c. in all theſe, we ſhall not finde the performance of any ſuch duties, called by the name of Ʋnlawfull Rebellious Aſſemblies, or Inſurrections: and if they had beene ſo termed by Popiſh Princes, and Statutes made againe them; no doubt Profeſſing Princes would have repealed them, as they did other Statutes againſt Proteſtants.
Secondly, the Matter of Conventicles, doth cleare 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 threatning ſpeach, turbulent geſture, ſhew of Armes, or expreſſion of Violence: but by the contrary, Faſting and8 Praying are the maine preſervers of Peace.
Thirdly, the end of a Conventicle is ever, or for the moſt part, evill; as to diſturbe the Peace, or revenge ſome Quarrell, &c. and therefore it is ſaid to be in terrorem populi, which words, are alwaies laid as mainely materiall, in an Indictment of this nature: but the intent of ſuch as humble their ſoules, 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 Extreamly ſuſpitiouſly, 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 Suſpitious perſons, nor make they any diſorder, or tumult in comming together; but ſoberly, and holily, taking due circumſtances with them; they doe behave themſelves for the Truth and State; and ſay there were ſome Anomalie, in the carriage of the buſineſſe, yet it is farre from ſuch an inormitie, 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 buſiebodies as live upon confuſion by their evill example; beſides the blood-ſhed and other wrong that often falls out. But the Mourners in Sion are not onely meanes to keepe the peace; and to prevent the violence of feares, but alſo to pacifie the unpeaceable; either bringing Lyons 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 Devill and mans corruption are the cauſes of a Conventicle; But of afflicting the ſoule by humiliation, God is the Author and Mover. By all theſe large differences, it appeareth what wrong they doe unto God, to his People, to his Ordinances, the Lawes, and the State; Who call the gathering together of Gods people, a Conventicle.
For further clearing; to theſe I may adde ſome experimentall trials in our times. A certaine Judge, cujus nomini parco, (but no Friend to Sion;) was complained unto in the Circuit, by a Prophane exorbitant Crew, that certaine godly9 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 evill 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 conceale, he told him plainly that he knew the matter, and told alſo the people, that the courſe they were about was very illegall 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 Gentlemans caſe in the North, who was accuſed by a Purſeivant for keeping of Conventicles, he took witneſſe of ſuch as were preſent, and ſued the Purſevant at York, where the caſe was cleared on the Gentlemans ſide, beſides ſixteen pound given him for damnages: As this hitteth home (as I have ſhewed) the enemies of God; ſo it miſſeth not that Pannick feare which is in ſome of Gods people, qui trepidatione mentis & brevificto de minis; Who out of the trembling of the minde, and through a fained briefe of threatnings, 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 Lawes 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 Law-giver; all bleſſings promiſed to the performance of it, all judgements threatned againſt the neglect of it, yea the heavieſt in all the Book of God, Iſaiah 22.14. and accordingly promiſes and threatnings 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 returne unto the cloſure of our conference, where by the way I doe not approve of erroneous and phanatick with-drawing from the publique Ordinance.
O ſaid Sir Henry Martin, I doe not meane a Conventicle, but I meane Faſting and Praying; ſure (ſaid I) there is as great difference between theſe, as between loyaltie to God and man, and ranke diſobedience to both: But if Faſting and Praying10 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 cruell uſage of me againſt all Law was a pregnant evidence that they were not of God, and that the rather becauſe Jeſuites, 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 then the Jeſuites, though it was beſide my intention. I replyed, it was an odious compariſon, and found in the mouths of none, but ſuch whoſe courſes ſorted better with the Jeſuites, then with the courſes of ſuch as were truſty friends to the truth; no reply being made, Sir Henry Martin lookt ſtedfaſtly upon me; my countenance through long faſting, beaſtly lodging, and other affliction, looking very pale; the tears ruſht into his eyes, and he asked me what I would have, if I would drinke any wine, with thanks I anſwered no, and ſo they departed; and thus much in effect paſt amongſt us, and I was carried againe into my Pit, and two doors lockt upon me, where with much cheerfulneſſe I gave humble and hearty thanks unto God, who had given mee (though the weakeſt and unworthieſt of his Souldiers,) 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 Atturney Generall 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 appeare: I was willing to be examined not only by him, but by the meaneſt of his Majeſties Subjects that ſhould come with lawfull Authority. It was true, I refuſed to be examined by the High Commiſſioners delivering my Reaſons in effect, which formerly I have ſet down: In11 which Reaſons he ſeemed to acquieſce, proceeding to examine me concerning a book eſpecially; three ſeverall Examinations of me they have verbatim, the more materiall 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 enquire why I had ſuffered ſo much, and ſo long, without any cauſe knowne, then firſt to put ſuch heavy things upon me, and then to examine the cauſe; for I knew nothing by my ſelf, 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 ſatisfie the Law: In the meane time, I deſired as one yet cleer in Law, to goe upon ſufficient Baile, 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 evill 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 intrenched upon my ſelfe, I ſhould finde as much favour as I could wiſh. To which I anſwered, if it were a thing ſo pleaſing unto his Majeſtie, and if he would be pleaſed to lay a particular command upon me, I would diſcover what I knew by my ſelfe in that; yea, if I knew guilt by my ſelfe, which indeed I did not. He being well content with this, and in words regreeting my diſtreſſe, he went away and withall making offer, &c. And the next time returned with the Kings particular command (as he ſaid) for in my ſecond Examination it was thus ſet downe: Ʋpon the Kings Majeſties particular command, &c. I acknowledge my ſelfe to be the whole and ſole Author and compoſer of the Book, &c. For this in effect was the ſumme 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 Kings 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 my ſelf 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 doe well alſo to expreſſe your ſelfe by me in that particular, that if any ſuch aſperſion be laid upon you, by giving the King ſatisfaction it may be prevented:12 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 ſoveraignty, 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 onely in thoſe things wherein they were Types of Chriſt, or had a particular warrant. This he told me at his returne, he had ſhewed 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. Atturney was nerve tranſverſo with a croſſe ſinew, namely, to examine me who were my partners and abettors in the worke, 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 replyed, that it was beſides my Covenant, yet being willing to ſatisfie all demands ſo far as I could without prejudice to others, I profeſſed (as I have alſo anſwered to the information) that no living ſoule had any hand in compoſing Page or Line of that Book except my ſelfe: For I told him as I was not ſo ambitious, as to derogate from other men if any thing in it were praiſe-worthy; ſo I was not ſo Prodigall of my ſelfe as to ſuffer by taking other mens workes upon my ſelfe: Then he asked me whether I was moved to it by ſome other, or if it came of my ſelfe, 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 Kings leige people might doe, but they differing for a time upon the Subject matter; at length it was concluded to deſire the removall of the Hierarchy and their Appendices, as the maine root of all our bitterneſſe; and the eſtabliſhing of Chriſts 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 partes, take away the whole, and the parts will doe no hurt. And where diverſe Petitions had been put up for Reformation of divers parts, with little or no ſucceſſe, it were as good without mincing, (by ſhewing the extent of their deſires) to heave at all; as13 the Proverbe is, cum pulviſculo; yea the Scripture teacheth us, the beſt way to ſweeten waters is to begin at the fountaines**2 Kings•.21. head.
Whereupon I framed thoſe Ten Poſitions ▪ ſet downe in the Booke, the proofes 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 buſineſſe. The Atturney urged me to give up the names of thoſe Approvers, with many faire 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 doe. Secondly, though there was no danger in the Act, yet the re-vailing of them might endanger them, which I would be loth to doe. Thirdly, as it was done in time of Parliament, when every ſubject might without impeachment unfold a publique 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 replyed, that though I was ſomewhat vers'd in the Law, yet it was not my faculty. I anſwered true, yet I ſtood in need of ſo much as to ſquare my wayes 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 ſatisfie him forthwith, and every man ſhould beare his owne burthen. To this I received no anſwer, but after a pauſe, hee told me that the King would take it ill; for the deniall of ſuch a thing, was an Argument that I loved him not, I replyed; that I would not for a Kingdome give him juſt cauſe of offence, but obedience muſt be ruled; and for my love to his Majeſty let my actions and ſufferings witneſſe to the would; for if I had not loved my Soveraign better then my life, I had not put my life in my hand, in the diſcovery of truths ſo ſtrongly oppoſed; which if they ſhould not prevaile; I might partly conceive what it would coſt me, witneſſe the continuance of my hard uſage: In concluſion he began to bee rough, and to threaten me with the Rod: To which I anſwered, the rod was in Gods hand, and he ſhould doe well to looke to it; for the wrath of man did not accompliſh the righteouſneſſe of God; and for his threatnings, I hoped they ſhould never bring14 me to be an accuſer of the Brethren. Thus much in effect paſſed between the Atturney Generall 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 himſelfe, Lord open his eyes to ſee it.
CHAP. III.
AT length after fifteen weeks hard Impriſonment, and cruell uſage in that loathſome priſon, I was ſerved with a Sub-poena out of the Star-chamber, whether I was appointed to goe to take out the Information againſt me; having for the moſt part one Theefe or other out of Newgate to be my Keeper; ſo that I durſt hardly come in any houſe for feare of his lime-twig fingers,
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 ſeverall Examinations, having an information laid againſt me, with the Anſwer to it, and to the Interrogatories; all in ſumme 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 ſtraight 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 Atturney) that I was not tyed 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 Meanes then Witneſſe, Verdict, Confeſſion, or Preſentment; ſo it is illegall to delate a brother accuſed of the ſame thing eſpecially, not evil in it ſelfe but taken to be evill. The Examiner anſwered, that he would not admit that Anſwer. I replyed he ſhould have that or none, for I knew no exception15 againſt it; then he ſaid he would ſet it downe, but withall 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 faire promiſes, if I would diſcover them.
Secondly, wee ſhould learne to deſire the Lord, when we are under chaines and threatnings, that he would make us faithfull unto the Saints in a lawfull concealment of their aſſiſtances, though it be with our owne prejudice: as a friend is another ſelfe, ſo he ſhould be〈…〉〈 in non-Latin alphabet 〉, faithfull in the deepeſt diſtreſſe. It is a ſhame that Heathens ſhould outſtrip us in this
And ſhall not the Saints lay downe their lives foraa1 Iohn 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 farre beyond the practice of all Heathens. Witneſſe Ionathans faithfull love to David, which he preferred to the preventing of his fathers wrath, the ſaving of a Kingdome, yea and to life it ſelfe; ſobb1 Sam. 18.1, 3, 4, &c. 2 Sam. 17. Cuſhi to David, and ſo of divers Martyrs one to another, who have laid downe 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 Chryſtal, in compariſon of that true diamond fidelity of the Saints. But a faithfull one in danger for others may here object, in theſe evill dayes, where is the mutuallity? I would be a Pomgranate, but where is the Myrtle crowne to ſet it in? For that with the Egyptians is the Hyerogliph of faithfull 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 requitall prove like Reeds and Swallowes unprofitable, and ungratefull?**Num prohibet ſervare ſidem de•eta Sagunthu•. ſhall ſackt Sagunthu•ſack thy precious faith? Thy reward is with the Lord: let not other mens unfaithfulneſſe make thy faith of none effect, but be alwaies aboundant in the power of it, knowing that thy labour is not in vaine in the Lord.
16As the whole proceedings was according to the uſe of the Adage〈…〉〈 in non-Latin alphabet 〉, a condemning of the abſent; ſo the parts whereof it did conſiſt, were in the mouthes of them and their Abettors invective revilings, and paſſing of unparraleld cenſure. There is a Maxime unalterable in the Law of Nations;**Formidabilitas & minae in bello, comitas vero & aequitas in judiciis. menacing threatnings are uſefull in Warre, but Gentleneſſe and Equity ſhould bear ſway in judgement. For the better clearing of my ſelfe from doing them any wrong, and my ſelf and the cauſe from reproaches put upon us, I have ſet downe 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 explaine and maintaine the particulars, but God otherwiſe in his wiſedome 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 yeers; for cleering whereof, I have publiſhed the ſumme 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 Majeſties Atturney Generall 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 Majeſties Defendant by a warrant from the High Commiſſion was apprehended the 17. of February 1639. and carryed with much violence to the Biſhop of Londons 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 ſtrait ſmoakey room, where he lay without meat or drink, from the Tueſday at night, till Thurſday at noone; and there ſtill hath he lyen cloſe Priſoner for the ſpace of nine weeks, being denyed all the time the coppie of his Commitment, to the utter undoing of his17 health, both of body and mind, and deſolating of his Family: And further, the Prelates Purſevants two dayes after entred your Majeſties Deputies houſe (as he is informed) with a multitude of Staves and Bills, being ſuggeſted, that your Majeſties Deputy was a Jeſuit, and then, and there, the ſaid Purſevants, by their cruell and barbarous dealing affrighted exceedingly your Majeſties 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 doores of the houſe, and brake the doores from the hinges, and that in preſence of the Sheriffes of London, who ore-looked them; yea, one of them threatned a young Child, by holding a charged Piſtoll to his head, ſince which time, the Child hath never liked. After all this, your Majeſties Defendant was ſerved with a Suppena, and a Bill laid againſt him in His Majeſties Court of Star chamber, where your Majeſties 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 denyed it, as he conceiveth by the overſwaying Power of the Prelacie; 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 meanes to maintain them: Further, your Majeſties Defendant acknowledgeth, that under the favour of your Majeſties particular Command, he confeſſed the compyling of that Book wherewith he is charged in the Bill, as appeareth by his Examination, proteſting withall, that it would not ſtand with the honour of your Majeſty, That ſuch a confeſſion made under your Graces Clemencie ſhould accuſe him, but if your Graces favour ſhould protect him from accuſation; And this your Majeſties Defendant offereth to prove by inſtances from divine Writ, from our own and forraign Hiſtories, Maximes of the Laws and Reaſons; for a taſte whereof, that which Jeremy confeſſed to the King, the King would not reveale, but had a great care that it ſhould not come againſt him before the Princes Prieſts and Prophets: For if it had (though it was18 the truth, yet he might have ſuffered for it, Chap. 38. Verſ. 27. &c.
It is alſo a Royall 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 Majeſties Royall Favour might deliver him.
3 As for your Majeſties Predeceſſours, and the Goſpell under them, eſpecially for your Royal Majeſtie, and the Goſpel of Peace under You; Wee humbly and heartily thank God as we are bound, profeſſing alwayes 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. &c. where we ſeeme to want words to expreſſe our affections, yea, we proclaime what we think without flattery, that all Chriſtendome hath not ſuch a King for Kingly Endowments, and Royall Conqueſt over the faults of Princes, as our Soveraign and Supreame Governour: But that the Diſcipline exerciſed by the Hierarchie is Conſonant to the Word of God the practice of the Primitive Church, and beſt agreeable to the State of a Monarchy, Your Majeſties Defendant hath punctually demonſtrated the contrary in all theſe particulars; witneſſe the ſecond poſition, page 19, 20. page 110, 111, 112, 113. From which paſſages, your Majeſties Defendant frameth this one Argument.
The Diſcipline of Chriſts Church warranted by the Word, is of Chriſts own appointment, and by conſequent unchangeable, page 111, 112, 187, 188, 189, 242.
But the Diſcipline of the Hierarchy is not of Chriſts appointment, nor unchangeable, witneſſe themſelvs, pag 111.
Therefore it is not warranted by the Word or conſonant to the Word; yea, themſelves confeſſe, it was not ſo from the beginning, for then 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; witneſſe page 131, 181.
19Laſtly, That their Diſcip•ine is not moſt agreeable to the State of a Monarchy, your Majeſties Defendant hath proved largly and fully page 242, 243, 244. And hath alſo anſwered the Objections that may be brought to the contrary. A world of Proofes and Reaſons your Majeſties Defendant could bring for further confirmation, if your Majeſties High Court will permit: But he will ſay no more, but this undeniable and experimented truth. The Sway of Chriſts Scepter in his Houſe, is the very Power and Glory of a Kings Scepter in his Kingdome; where Chriſt hath his due, there Ceſar ſhall have his due: And where your Majeſties Defendant is charged in the ſaid Bill, to vent the ſaid things out of a ſeditious and malitious humour with many ſuch tearms charged upon him in the aforeſaid Bill; He anſwereth once for all, That he hateth the very leaſt thought or appearance of malice or ſedition: but what hatred and crue•ty he and his endureth from the Prelacy, he cannot expreſſe, praying that it may never be laid to their charge; And as your Majeſties Defendant conceiveth that he goeth on good grounds; So his ends were the glory of God, the honour and happineſſe of your Majeſties Perſon and State, the vindicating of the Nobility from wrong, and the good of the whole Nation.
4 The Book it ſelf was compiled beyond the Seas, ſave onely the Draught and the Lineaments of it, and there it was printed for the Parliament onely. Neither did your Majeſties Defendant bring or cauſe to be brought any of the ſaid Bookes 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 Bookes were brought into the Land, he knoweth not. And whereas your Maj. ſaid Defendant is charged with the hating of the Prelates Perſons, and ſetting them at variance with the Peeres and People; In theſe he proteſteth ſtill his Innocencie: It being rather a main part of his intent, to have Them, the Peers, Miniſtry, and People, all at unity in Chriſt Jeſus, by vertue of due Reformation: And this your Majeſties Defendant doth manifeſt in ſundry paſſages of the ſaid Book,20 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 removall of the Prelacie: Neither doth your Majeſties Defendant ſcandall theſe Prelates; but proveth, what he affirmeth, either by Gods Word, your Majeſties Lawes, the Writs of the Learned ▪ or by good relation: Yea, what your Majeſties Defendant hath ſaid againſt the Prelacie, rather then the Prelates, is commonly laid down and contained in his ten Poſitions; Which Poſitions, your Majeſties Defendant, as he conceiveth, hath ſufficiently proved, and is further ready to ſatisfie, as he ſhall be called. As for bringing confuſion to the Church, diſhonour to your Majeſties moſt Sacred Perſon, or Government, or to ſtirre up any thereto, He had rather dye, then entertain the leaſt thought of any of theſe; yea, he pleadeth for nothing ſo much, As the Order of Chriſts Church, the honour of your Majeſties Perſon, and happineſſe of your Government.
5 Where your Majeſties Defendant is charged in the Epiſtle to the Reader with theſe words. Ʋ Ʋ•e do no•rea•e of greater perſecution, higher indignity and indemputty done upon Gods People in any Nation profeſſing the G•ſpel 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 Majeſties Defendant anſwereth, That the thing it ſelf is too too true as appeareth by the Prelacies taking away life & lively-hood from ſo many Miniſters and private men and their poor Families of whō many were pined to death in priſon: many wandered up and down their Families being left deſolate and helpleſſe, whereof your Majeſties Defendant could give many inſtances, and ſo can many more ▪ But your Majeſties Defendant doth onely give a touch in ſundry paſſages of the Book, as page 122, 123. pag. 79, 80, pag. 126. Beſides all this, the blood of ſoules hath been endangered, by the removall of the faithfull Shepheards from their Flocks, quite contrary to the mind and ſpeeches of your Majeſties Royall Father, whom your Majeſties Defendant hath deſervedly cleared, to his everlaſting honour of theſe courſes of the Hierarchy; witneſſe, the Epiſtle to the Reader: alſo, page 123, 74, 70122. Yea, if there were no more21 but that which your Majeſties Defendant hath ſeen and felt, it were enough to prove the aſſertion. Laſtly, the phraſe is a Scripture phraſe, not onely importing violently actuall depriving of life, but alſo the afflicting or wronging of men by indirect courſes, which we conceive rather to proceed from the evill of the Calling than from the diſpoſitions of the men; for good men have proved evill Prelates.
6 Whereas your Majeſties Defendant is charged with naming the Prelacy, Satannicall and Antichriſtian perſons; your Defendant (as he conceiveth) hath ſufficiently proved it from Scripture reaſons, and the Evidences of the Learned; Witneſſe, 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 Majeſties 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 internall or eſſentiall parts of Antichriſtian Prelacie, is Antichriſtian Prelacie it ſelf.
But the preſent Hierarchy hath the internall or eſſentiall parts of Antichriſtian Prelacie:
Therefore it is Antichriſtian Prelacy it ſelfe.
And this may be the reaſon of the Major Propoſition, that the change of an externall efficient or inſtituting cauſe cannot alter the nature of a thing, ſo long as the internall or eſſentiall cauſes remain.
And for the reaſon of the Minor Propoſition, the matter and forme are all one in both.
7 Whereas your Majeſties Defendant calleth the Hierarchy, The main and Maſter Sinne of the Land eſtabliſhed by a Law page 3. He anſwereth, in haec verba, as we conceive, And that it is a ſinne your Majeſties Defendant hath proved, from page the firſt ▪ to the twentieth, And that it is eſtabliſhed by a Land, the Statutes ſpeak expreſly therefore a ſinne. Therefore a ſinne eſtabliſhed by a Law, and by conſequently, As we conceive, the main and maſter ſinne of the Land.
8 Where your Majeſties Defendant ſhould ſay. Tha•22Ministers ſhould have voye•s delibe•ative and deceſſive in Counſels, page 7; Your Majeſties Defendant anſwereth, That it is the determination of Counſels from the Word of Truth; witneſſe the afore quoted page, and as for Paritie of Miniſters, it is the Inſtitution of the Spirit, maintained by the Current of the Learned. Antient ▪ and Modern, but Imparity is the ſpawn of the Myſtery of Iniquity.
9 Whereas your Majeſties Defendant is charged with tearming, the Prelates, Ravens and Py-Maggots, he anſwereth that the Learned tearme 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 tearmed for that repacity that is incident to their calling, and not to aſſperſe any of their perſons.
10 Whereas your Majeſties Defendant is charged with ſuggeſting of falſe feares to the King, for reviving that ſpawn of the Beaſt kneeling at the Sacrament for the greater teverence; thereto you•Majeſties 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 Majeſties Defendant can ſufficiently prove, that it was the ſpawn and ſupporter of the Reall Preſence.
11 Whereas your Majeſties Defendant is ſaid to affirme that the Statute 1 Elizabeth, ſeemeth inconvenient, &c. page 42 43; your Majeſties Defendant there only relateth, what Poſitions were agitated, and brought to a faire height of being in the Parliament, Anno 1610. If good Intentions had not miſcaryed ▪ where your Majeſties ſaid Defendant is ſo farre from derogating from your Majeſties Royall Power and Lawes, 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 Prelacie hath any power to fine or impriſon. And this is witneſſed by the concourſe and concord of all our famous Juriſts, witneſſe page 31. p. 128. &c.
12 Whereas your Majeſties Defendant is charged to rearm the Canous, non-ſence Canons; your Majeſties Defendant23 humbly entreateth, that they may be peruſed: and it ſhall appear, that it is againſt ſence 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 confeſſe, 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, Non-ſence, that Miniſters are forbidden, by faſting and prayer to exorcize or cōjure out the Divel ▪ 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 croſſe your Majeſties Lawes, depriving your Majeſties 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 Appealant will do all that they require, in matter and manner of conformity; witneſſe Canon 98.
13 Whereas your Majeſties Defendant is charged to affirme, that the ▪ Prelates corrupt the King, fore-ſtalling his judgment againſt the Good, and goodneſſe, page 118. your Majeſties Defendant anſwereth, That conſidering the danger of your Majeſtie through the corruption of the Calling rather then the Men (if God preſerved you not) your Majeſties Defendant citeth only the judgment of the Learned upon the Prophet Hoſe•, Quod peccata Praelatorum, &c. That the ſins of Prelates corrupting Princes, hindereth all goodneſſe: which floweth rather from their Calling, then their Diſpoſitions, ſo that here is neither evill ſpeech, nor evill thought of your Majeſty, as is informed; for if we ſhould uſe any ſuch ▪ it were pitty we ſhould live.
14 Whereas your Majeſties Defendant ſeemeth to regrate25 the Errour of your Royall Match, rather then the match it ſelf, under theſe words, The Daughter of Heth, pag. 172. Your Majeſties Defendant anſwereth, that it is not out of neglect of bounden duty to your Majeſties Royall Conſort & our Queen; but that ſhe looking into the rock whence ſhe is hewen, may rejoyce to be the Daughter of Abraham; for which, as we pray, ſo no doubt it will be the joy of your Majeſties heart. Secondly, we regrate more in the place ſore-quoted our own unthankfulneſſe and unwatchfulneſſe over your Majeſty, then 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 ye kindeſt & truſtieſt neighbours that Abraham had. Fourthly and laſtly, though your Majeſties Royall and beautifull Ra•hel have an Image-in the ſtuffe, yet Princely prevailing Iacob, to his everlaſting•onour, may reforme it.
15 Whereas your Majeſties Defendant ſaith, Conſider what a pitty 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 Majeſties Defendant anſwereth, that whereas your moſt excellent Majeſty is the very breath of our noſtrils, and more then we all, If we were Tongue-tide, we cannot but cry out, ſince we ſee the Deſtroyer already gone out againſt us, and is mounted on the wings of all our ſinnes, which have their But and Riſe, as we conceive, upon that Calling of the Hierarchy, which your Majeſties Defendant hath proved to be the bane of Princes.
16 Whereas your Majeſties Defendant is charged with ſundry ſiniſter thoughts, concerning the untimely death of the late Duke of Buckingham, as though he ſhould ſeeme to approve of Feltons Act, Your Majeſties Defendant anſwereth. That in his Book he rather regrateth it, wiſhing that the Parliament had reſtrained the Current of the late Dukes Courſes, whereby his untimely death & the others deſperate Act, might have been prevented; witneſſe p. 1•3.25 as for the words alleadged, page 176. In Gods offering to guide them to Reformation, by giving of that blow; Your Majeſties Defendant anſwereth, that though the••omy or ſinne of the action, was from that deſperate man; yet the action it ſelf, and as it was a Judgment, was from God: for there is no evill 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 Majeſties Defendant anſwereth, that the Conſequent hath in it a double Sophiſme, a ſimpliciter ad ſecundum quid: Namely, firſt in the Subject; becauſe the Parliament may follow Gods hand in Juſtice; It doth not follow that others may, or ſhould follow Gods hand with deſperate violence. The ſecond inconſequent is from the Object, matter thus: Though we do deſire the Parliament to follow, with the removall of the Hierarchie, and other Reformations; yet will it not follow, that we deſire, that their Perſons ſhould ſuffer the leaſt wrong or violence; witneſſe, page 78. &c. And hereto your Majeſties Defendant proteſteth before God, that he wiſheth them as〈◊〉in body, ſoule, and ſtate, as himſelf; though your Majeſties diſtreſſed Defendant hath ſuffered, and doth ſuffer much in himſelf, and his, as he conceiveth, from their indignation againſt him.
17 Whereas your Majeſties Defendant is charged with theſe words, The. Church hath her Lawes, with the reſ•following; and by conſequence, he ſhould detract from your Majeſties Royall Power, &c. page 191; Your Majeſties Defendant anſwereth, that they are the words of Reverent Divines; neither doth your Majeſties Defendant detract from your Majeſty, to whoſe gracious Highneſſe your Defendant attributeth, as much power as the Kings of Iſrael, and Iudah, in their places, as appeareth by his examination.
18 Whereas your Majeſties Defendant is charged to ſlander your Majeſty in uſing theſe words, That wee are ſpoyled of all that paſſe by, and all are ſpoyled that rely on26 us; and for inſtance, he citeth R••••ll•••, page 264; your Majeſties Defendant anſwereth, that wofull experience proclaimeth our ſpoyling, and being ſpoyled to the world: whereof your Majeſties loyall and loving Subjects are exceeding ſenſible, and laye it much to heart; beſides, it is the ſubject of Strangers diſcourſe, with whom indeed your Majeſties Subjects are much out of that antient eſteeme, that formerly attended them: yet notwithſtanding all this, what face ſo ſhameleſſe, or heart ſo faithleſſe, as to tax your Majeſty with the leaſt ſpot of diſſimulation, which we know your Majeſty doth utterly deteſt and abhorre: For what can your Majeſty doe more then afford the meanes? But if the ſinnes of us all, and the ſecurity in ſinne, turne Gods hand againſt us: If the ſlight and ſedulity of the Enemy, Forraign and Domeſtic be a ſnare to intrap us: Laſtly, if your Majeſties eyes and hand; ſhould deceive us, we can neither do good nor receive good; yea, we cannot ſubſiſt: and therefore your Majeſties Defendant preſumeth to entreat that Senate, being your right Hand, and your right Eye, to look to it.
19 Whereas your Majeſties Defendant is charged to have permitted a thouſand Copies, and to have publiſhed the ſaid Copies; your Majeſties Defendant anſwereth, that there were little more then 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 Majeſties Defendant is charged with theſe words:
Your Majeſties Defendant anſwereth, that he intimateth nothing in theſe words, but this; That high and inveterate evils, ſuch as we labour of, require much yains, wiſdome, and skill, for the curing of them.
21 Laſtly, for all the things aſſerted by your Majeſties Defendant in the ſaid Book, for the qualification of them from peremptory Aſſertion; your Majeſties Defendant27 hath recourſe to that phraſe, in the Preamble to the Parliament, page 3. As we conceive.
As for your Majeſties Defendants offers in the Epiſtle to the Reader, to make good the things aſſerted; It is to be underſtood but quoad poſſe; whereunto your Majeſties Defendant ſhall in all loyal humility, be ready to ſhew his beſt endeavour, and where it hath been alwayes the practice of the Reverend Fathers of the Church to convince by reaſon, and not priſon; your Majeſties Defendant humbly deſiſireth, that ſome of the Prelates would be pleaſed to take away his grounds, and ſhew him better, where if he be convinced by falſhood or errour by ſound reaſon; your Majeſties Defendant ſhall both heartily retract, and humbly beg pardon: As for the evils charged upon your Majeſties Defendant, in the ſaid Information; this your Majeſties Defendants Anſwer, as he hopeth, ſhall cleere his innocencie.
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 Majeſties Dominions, and that not out of any ſuch malitious or ſeditious humor as is alleadged in yt Information. But being perſwaded in judgment, & fearing in his apprehenſion, that ſome great inevitable evil was toward us, except by reformatiō, it were prevented, as the Book at large ſpecifieth; He was moved in Cōſcience, with the poor man in Eccleſiaſtes, to ſet all his thoughts on work, how, under correction, he might caſt in a voyce, for the ſafeguard of our Sion, 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 Soveraign, 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 therfore printed not ſo many Copies, as are laid down in the Information, almoſt by half the number; Namely, between five28 and ſix hundred; which number, as this Defendant conceiveth, was not ſufficient to ſhew the ſeverall Members of both the Houſes of that high Court of Parliament, being a Body politick (as this Defendant conceived) to which the meaneſt Members of the Common-wealth might intimate their cares and feares concerning the dangers, or deliverances of the Common-wealth, 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 ſucceſſe unto God, the Author and Moderator of all good Intents and Actions, ſubmitting alſo both himſelfe 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 Bookes or Copies into the Land, but it was the Defendants ſpeciall care rather to ſuppreſſe, 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 minde, 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, Maximes of Theames, Rules of Reaſon; and inſtances from our own and forraign Hiſtories, eſpecially from the Kings of England and Scotland, his Majeſties Anceſtors; A touch whereof, this Defendant humbly entreateth leave to deliver to this hon•rable Court: Neither doth this Defendant wave the ſaid Confeſſion any wayes to reflect upon his gracious Majeſty; but ſince he is inferiour to no Earthly Power, in all Royal Graces; wherf he is the Ocean, p•y moderat••& inenipatum tutela••, he hath recourſe29 to the Sanctuary of His Majeſties Royall Favour. This Defendant further ſaith, that he neither delivereth the things contayned 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 Majeſties ſpeciall Command, and taken by his Majeſties Attorney-Generall: 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 qualificatiō, in the ſaid particulars, that he can poſſible make; but if this the Defendant hath erred in judgment (as who may not, &c.) upon the diſcovery of it by cleer and ſound Reaſons, he ſhall be ready both heartily to retract, and humbly to beg pardon. For as the ingenuous and free Soule holdeth no Truth ſo weakly, that any flax or affliction can fire it; ſo it holdeth nothing ſo confidently, but ſound Reaſon may over-rule 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 witneſſe of it. Further, this Defendant ſaith, that by reaſon of the diſtraction of his Councel 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 informall 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 Counſell allotted, who acknowledged the Equity of my Cauſe, and freedome from Guilt; but they durſt not plead, and ſo I was ordered to put in mine own Anſwer.
30Firſt began the A. G. Quam facile crat in abſentem & proſtratun accuſatorem acerbius agere, an eaſie thing for a man of his place and gifts, with nipping Scoffes, to tryumph over an abſent and proſtrated man, both under the immediate hand of God, and the armed wrath of cruell Enemies. If a man be for God, it is the height of unhappineſſe to play upon him; yea though with Tertullus he could doe it with Eloquence. **Pſal. 1.1. Iob. 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 haughtineſſe, or a Labyrinth to devoure, in Pſalm. 73. eſpecially, where the Intent•ons 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 then 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 voyce would be heard, but not to hurt the harmleſſe. But not to inſiſt, if the pleading was no better then the Information layd, as**Adverſ. Haereſ. Lyri•nſis ſaid of a Father in another Caſe, it was but rev•latis nuditatis, a further diſcovery of his nakedneſſe; for neither of both will hold out at the Tribunall of God, before which, we muſt all appear.
CHAP. IV.
THe next in order, was I. R. Strenu••Accuſator, as may appeare, 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, &c. But as he ſaith much and proveth nothing; ſo, if to accuſe be enough, who ſhall be innocent! Firſt, for Blaſphemy, Scripture, Ethers & School-men, deſi e Blaſphemy againſt God, to attribute of God, or affirme 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 affirme of God that is Blaſphemous? If I were guilty of Blaſphemy, eſpecially of that kind, it were unworthy I ſhould live. A31 Blaſphemer is the worſt of all Creatures, A mad Dog that flyeth in his Maſters face, or like a viperous Child that will pience the heart of his Father, as the Story hath it; or as ſacred Writt ſpeakes of the Blaſpheming Egyptian, according to the Originall. He ſmote or pierood through Gods Name. Levit. 24.11.* An accuſtomed Blaſphemer (as a Worthy of out Nation ſaith) is a Divell 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, &c.* If a man cover a Woole, with a Sceepskin, how ſhall he know him, but by voyce or act, as the harmleſſe Sheep with a demiſſe countenance bleateth, and the Woolf ſetteth his face againſt Heaven and howleth: So he that in humility of ſoule 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, &c.But he who ſhameleſly with Blaſphemi••howles againſt the Truth, howling againſt God in reviling of his Servants, is a Wolſe. Hence I appeale to any mans judgment, 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 Schiſme,prov. 17.7. A Schiſmatique, &c. ſaith he,**Exod. 18.21 the Word of God which beſt defineth a Schiſmatique, I hope ſhall cleer 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••.〈…〉〈 in non-Latin alphabet 〉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.〈…〉〈 in non-Latin alphabet 〉. Wheron Mr. B•z•well obſerveth, that not only falſe Doctrine apparan•ly, contrary to the Truth, is forbidden but alſo the adulterating the pure Doctrine, by Humane Inventions. **1 Tim. •.3.And Chryſoſ••••on this place to the Romans thinketh that the J•wes are〈◊〉eſpecially, who together with the Chriſtian32 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 ſhew me none; therefore I am no Schiſmatique. But ſuch as do ſo, let them be Schiſmatiques. I pray God with the Apoſtle, that All, but eſpecially ſuch as be in ſupream 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)**Gualter. whereby conſent in Superſtition is hindered: ſuch a diviſion is ſaid to be among the People about Chriſt;**Quibus conſcuſus in ſuperſtitione, &c. John 7.4. ſome confeſſed him, ſome rejected him, and ſome went about to take him. For the better diſcovery of Schiſmatiques, and avoiding of them, the Apoſtle brandeth them with remarkable Markes: As firſt, with rotten Hypocrifie, 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 Chryſoſtome,**Pro Doctoribus ſervos ventriis babere. to have for Teachers, Servants of their Bellies. Thirdly ▪ from the meanes they uſe to fill their Bellies, by faire ſpeeches, &c. that is, they ſooth and flatter men in their ſinne. They ſpeak pl•c•nti•, all is well, ſo they have enough: lkie murthering Phyſitians, they pleaſe the Humours, and kill the Patients; they devoure 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 Gyants Bowles, Eſau his Red Pottage, or the Red Earth of Gold, will ſell Lawes Divine and Humane, Soule, Heaven, and Chriſt himſelf and yet will be taken to be Servers of Chriſt, by coming to the Church, &c. though nothing leſſe. Let ſuch an one (I ſay) be noted for a Schiſmatique, and avoided.
The third thing,S•ct. he taxeth me with, is, Treaſon againſt the King; For branding me unjuſtly with the other two;33 Namely, Blaſphemy and Schiſme: his ignorance in tearms of that nature, might ſeem in tanto, though not in toto to excuſe him; For I take him, as P•raceſſ•••ſpake, 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 Skale, 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••preform•nt, the advancing of my Childrens good, and that in tenderneſſe of Conſcience, ſhould at laſt wrap up all the rejoycing of my Sufferings, in the Black and ignominious Veile 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 Traytor. Traytors are fatte•in the Rib, then I, and look for greater matters, then I doe.
Secondly, my heart beareth me witneſſe, and God himſelf who is greater then my heart,Sect. that I have ever accounted, and do account the Kings Majeſty, the Annointed of the Lord the very Bre•th of our N•ſtr••s, and as I have often proteſted, I eſteem the leaſt particular, conducing to his Being, or Well-being, better then my life, and the life of all mine, and many thouſands; and ſo I hope it ſhall appeare againſt all oppoſition, when Truth by Time, ſhall manifeſt it ſelf.
Thirdly, Let the Book be tryed by judicious men,Sect. though partiall to the Cauſe, if either vola or veſ•••gi•m of Treaſon be found in it: I deſire, beſides, what I have ſuffered to dy the moſt ſhameful and bitter death, that could be thought on againſt any Traytor.
Fourthly, and laſtly, If I be a Traytor againſt the King:Sect. why did they not proceed againſt me as a Traytor, according to the Lawes of God and of the Nation? As Treaſon is a Sinne of the higheſt name,**2 Tim. 3.4. whether it be immediatly34 againſt God, as Idolatry, or againſt the Kings Perſon, and other Appendices. So there be condigne Penalties, both by Divine and Humane Lawes, inflicted upon it. Witneſſe, Amaziahs dealing, with thoſe that killed his Father,**2 Chr. 23.5. and alſo the Peoples exact revenge taken upon the Murtherers of Amon;**Cap. 33.25. witneſſe alſo the Lawes of all Nations; of ours in particular, againſt ſuch Imma•e and prodigious Perſons, with their ſeverall Penalties; inſtance for all, that exact and duly deſerved Juſtice, that was done upon the bloody Regi-cides and Pari-cides, upon that thrice learned, & Majeſtick King, King, Iames the firſt, of Scotland: of which Aeneas Silvius, (afterward Pope Pius the ſecond) was an Eye witneſſe (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 haire. If any happily reply, that it was the Kings 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 publique preſence, that if I might have but a due Tryall 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 chuſe, eſpecially in two Evils it is a poor Benefit.
Secondly, I am perſwaded, that herein his Majeſty is abuſed; For how can they change the Guilt and Puniſhment, before the Guilt 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 then 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 turnes the ſhame of the ſuffering into glory.
Laſtly, if I had dyed, I could have forfeited no more then 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,35 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 cleer me of that Crime. Firſt, am I guilty of attempting any thing againſt the King or Queens Perſon, or the Perſons of their Princely Iſſue, Levying of Forces, counterfeiting either of the Seales, bringing in of counterfeit Coyn, killing a Judge fitting in his place, as the Butcher would have done, forging the ſigne Mann•ll, clipping of Coyn: have I prejudiced the Kings honour? Have I entred on any Caſtle or Ship; &c. Have I concealed Treaſon, or any Bull from Rome? Have I ſet any at liberty, committed for Treaſon, by the Kings Commandement? No verily, Heaven and Earth ſhall cleer me of all: Then not guilty of Treaſon, or miſpriſion of Treaſon; for thoſe are all the ſeverall 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. &c. But to come cloſe unto the Particulars, concerning words ſpoken againſt the Soveraign 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, &c. any manner of Book, Writing, &c. containing falſe, ſeditious. and ſlanderous matter; to the defamation of the Queens Majeſty, or to the encouraging ſtirring, or moving of Rebellion, or Inſurrection within this Realm, he ſhall ſuffer, or forfeit as a Fellon. Before this Statute enacted, words of this nature were not Fel•ony; as appeareth by the Cenſure of Mr. Stubs of Lincolns-Inne; upon the oc••ſion of whoſe Fact, this Statute was made, no terrifie men from writing ſlanderouſly of their Soveraign. Let my Book be laid to the Statute in the ſtricteſt kind of Tryall (ſo it be true) it ſhall evidently appear, that neither for matter; nor manner: I do infringe the Statute, and ſo am no Fellon, much leſſe a Traytor. 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, &c. 1•. Eliz. c. 1. It is enacted, that whoſoever ſhall publiſh, that her High•eſſe is a•Heretic, S•••ſmatic,26 Tyrant, &c. ſhall be puniſhed as a Traytor. This Stature hath relation to the former; which was made, as it ſeemeth, to protect the Soveraign Majeſty from petty, or leſſer ſlanders, as Iu••mperancie, Vncleanneſſe. &c. The latter was to prevent ſuch grand & groſſe ſlanders, as foul mouths might caſt upon the Perſons of Soveraignty; as Hereſie, Schiſme, Tyrannie. The tranſgreſſion of the former Fellony, or the latter Treaſon. Now as I am cleer of all the aforeſaid fore-quoted Statutes made againſt Treaſō, againſt the leaſt King. So it is cleer as the Sun, that I come not within the touch of the compaſſe of this Statute: yea, I proteſt, not in thought; How then came I to be made a Traytor, without the breach of any Law? Let the Judge ſhew me**〈…〉〈 in non-Latin alphabet 〉. my tranſgreſſion of the Law, and I ſhall willingly acknowledge the Law to be the juſt Coertion or Caſtigation of mine Offence or Offences. But I am ſo farre from Guilt by the Law, that I challenge all the Law he hath to bring me within the Compaſſe of Treaſon, ex conſequente, by Inferrence, or directly; although he knoweth very well, that the Law is not ſo farre 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 Grammaticall ſence, to be expounded and delivered; Witneſſe, the Papiſts calling of Proteſtants, Hereticks; by the Law of Univerſals, including particulars, they call the King Heretic; and ſo by conſequent, in ſo ſpeaking, are Traytors, by that fore-ſaid Statute, 13. Eliz. c. 7. Yet the Law layeth not hold on them as Traytors 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 Gods27 Servants, when they ſtand for their Maſter. H•m•n accuſed Morde•ai, and the Jewes of Treaſon, to King Ahaſhu•r•ſh.**Mr. Samuell ward, in his coale, &c. when any thing is amiſſe, Elijah muſt be the Traytor,**Heſt. 3.8. and by Tertullus; the mouth of Gods Enemies,**1 King. 18.17, 18. Paul is accuſed to be a plagy Fellow, and a tumultuous Traytor;**Act. 24.5. yea, Chriſt himſelf, the harmleſſe and ſpotleſſe one, eſcapes not this branding Imputation,**Luk. 23.2. where they falſly alleadge, that they found him over-turning 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 dawbing trick of corrupt times, to ſlurry and ſoy•e the faireſt Excellencies, with the fowleſt Names, to make the things more odious, and to vayle and varniſh the fowleſt Exorbitances, under the faireſt Names; as for example, Holineſſe muſt be called H•pocriſie, or Puritaniſme, Zeal, fury, truly ſtrict and ſincere obedience, no better then Treaſon. But on the contrary, fowleſt Exorbitancies muſt be masked with the faireſt Names, State-ſubverting principles, and practiſe, muſt be called by the name of Policy, Rotten pollution of Gods Ʋ Ʋorſhip, by mens Deviſes, Orders and Dece••i•. Pleading impudently for a bad Cauſe, ability in Law, giving away, or ſelling mens Eſtates at pleaſure, and impriſoning their perſons, Equity, condemning the innocent, and abſolving the Guilty, nothing but Iuſtice; 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 tearmed wiſe and frugall guiding, halting betweene God and B•••,••dera•e d•f•retion, harbo•••g and mainraining openly Tray•ors 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 Phyloſopher 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 therfore, th••call Good Evill and Evill Good, ſaith the Spirit; But to hold to the particular, and ſo to cloſe it up, there be ſo83 many Traytors (the Apoſtle ſheweth us) in the laſt dayes, what perillous times ſhall be; and that through the abundance of monſtrouſly wicked men, of all ſorts, amongſt whom he reckoneth Traytors. **2 Tim. 3.4.All Idolators, or ſuch as ſerve other Gods, are Traytors immediatly againſt God. As all offences in a Common-Wealth are againſt the King; becauſe they are againſt his Lawes, and he is the head of the Politick Body: But thoſe that are immediatly 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 Gods 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 mo a deo ec epit.A ſinne is ſo much the more grievous, as it removes a man the further from God. As Traytors are in greateſt diſtance from the King, ſo Idolators, from God; and therefore Moſes calleth it the great finne. **Aquin. 22.3. ••tic. 3.Idolator are alſo Traytors againſt the State; becauſe Idolatry brings deſolation upon it; Witneſſe 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 vltimam cladem.Theſe are held to be Traytors to the State, who being in place, as Eye ▪ and hands to the Kinge and ſtate, ſee and doe only for themſelves, to the undoing of both the former; and not onely ſo, but they alſo divert by corrupt ſuggeſtions the Kings favour from his Subiects: and by deading of their ſpirits, do weaken the love of the Subiect to the King: That ſuch Courſes are Treaſon, there is Expreſſe Teſtimony for it in a worke 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 looſe his bea•e, that doth it; how much more worthy is hee of the ſame Puniſhment that Corrupteth the diſpoſition of the King: They are Traytors who by any•ea•••, words writings or other practiſe, Endeavour to withdraw any with in the King•dominions, from their Naturall Obedi••ce, 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 C•••••l•rs, and39 Ayders of ſuch offenders are within Miſpriſion of Treaſon,**23 Eliz c. 1. what Caſe then by the Lawes are all the Plotting and Pragmatical Ieſuits in their accomplies, yea ſuch as entertaine the Archplotters in their houſes and at their Tables. Th•ſe devour the fa•and at their tables theſe devoure the fatte and ſweete of the land, and walke where they will, doe what they liſt, and Pampered with dainties and flaggons 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 Experimentall knowledg, what in ſufferable Treaſon is it; for a Subiect to Suggeſt to the Queen to convert to the Catholique faith, or rather ſubvert our King, and to profeſſe 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 himſelfe, and printed at Doway (as they ſay) anno: 1632: wherein (he ſaith) he hopeth, that the Queene ſhall make the Land happy by reſtitution of the Catholique Religion, & converting of the King to the ſame**Epiſt. ] page 32. & in a paſſage of the Book it ſelfe, he taketh not only away the Kings ſupreamacy or Regall power, but alſo ſubiecteth him and all other Kings, to the Obedience of the Biſhop of Rome, making his Honour inferiour to that of the Biſhop;**Ne•magis vituper andu•eſt prodit•r patria quam communis utilitati•aut lalutis deſert•r. Cic. de: ſin: finally to finiſh this poynt, that great ſtates-man of Rome reckoneth thoſe up for Traytors, that withdraw their ayd to their uttermoſt power, place, or ability from the advancment of the Publique 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-Traytor, 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; witneſſe Amos in the fore-quoted place, where the Lord laying out••••pting of judgment, and the violence of ſuch as boaſt they have Ho••••by the ſtrong he whereof they thruſt downe People40 Laws and all, He ſheweth alſo the fe•rf•ll & damnable fruits of this bitter Root, behold I will raiſe up againſt you a Nation, faith the Lord God of Hoaſts; and they ſhall afflict you from the entering of Bemah; to the river of the Wil••rneſſe that is from one correr to another. Where this concluſion ariſeth demonſtratively. That Subverters of the Law, and Corrupters of judgment, and Ʋiolent Opreſſors of the People, are Traytors which I demonſtrate thus. That Perſon or Perſons who bringeth in a deſolating Enemy, vpon the whole ſtate and Kingdome is a Traytor; But a ſubverter of the Lawes A corrupter of judgment, an oppreſſour of the People brings in a deſolating judgment upon a whole State and Kingdome (witneſſe the words of the Text.)
Ergo, Subverters of the Lawes, Corrupters of Judgment, and Oppreſſors of the People, are Traytors.
By all this, we ſee, that there be Traytors enough and too many in States and Kingdomes; and it as c•eerly appears, that I am not one of thoſe. Nor never a faithfull Councellour, nor uncorrupt Judge, nor impartiall Juſtice; nor in a word no good Patriot in maintaining of the Kings honour, the life of the Law, and the Subjects Right. I wiſh from my Soule, that a•l Traytors of what ſort ſoever had their Treaſons branded in their due deſart, with Phalarius Duke of Ʋenice, who after his Execution, inſtead of a Seat of Honour had a Chaire cove•ed with Black ſet in the Sena•e-houſe, as an Embleme 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 feeth not, that hath read my Book, that no man of my Talent hath more perſpicuouſly vindicated the honourable Priviledges of a Parliament, from the affronts of the Malignant, then I have done; and therein I have cleered divers wayes and meanes, 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 Scepter of his Kingdome, and the Crown of his People, and that not upon ſuppoſed or feigned,14 but upon infallible and impregnable grounds; both from Gods Lawes and Mans. is this then to Lybell? nothing leſſe. what madneſſe had it been in me, to addreſſe ſuits, in the behalfe and name of the ſubiects, to the higheſt, and moſt honorable Court of the State; and withall to Libell againſt them? would any friend to the State, and favoure of my endeavors, 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, implyed an Appeal to the Parliament for Tryall, if I had Libelld againſt them? Let any man judge how theſe ſort together. But for my more evident cleering, let us ſee what a Lybell is: The name L•bellus is taken in divers ſences, 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 Greekes call〈…〉〈 in non-Latin alphabet 〉,Hend•ca••l ſupplic•bus vacat lybelli•. ſo Martiall, 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 cleer 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, &c. 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 tryed, by this true and eſſentiall definition,**Nam c•i compe•it de••niti•, competit de•••itum. If this agree to me, I am the man: but if I have not charged that Senate with any Defamatorie Crime (which far be it from me) then am I free from the Crime of Libe•ing.
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 Worlds wealth and26 glory. Yee, from the Center of Ignominy, why muſt not I aſcend to move in the Orbe of Erring Planets, as well as others ▪ who from their black mouths, and malapert affronts, have lybelled, and done againſt the Parliament things not tollerable: Notwithſtanding all which, they are come to be polliſhed ſtones in the Jewel-houſe of the Hierarchy; Witneſſe, M. C. and M. **qui torqueri deb•nt ampliantur, beneficii. Senec. They who deſerve higheſt puniſhments, are laden with heapes 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 mee is innovotion of the Lawes. Sect.This is as true as the Papiſt charge againſt the proteſtants of innovation of Religion Hee cannot ſhew mee what Law of God, or Man, what Statute-Law or poynt 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 Royall Right of the Antient of Dayes; ſo I make the Antiquity of Truth, the ground of my Plea deſiring, and urging, that with the Prerogative of Chriſt, the Kings juſt Prerogative may be preſerved. And that the antient Laws of the Land, anſwerable to the Lawes of God, may be like the Lawes 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 lawes of England, fol. 8 of the Weal-publique, becauſe it is nor the invention of man; but as the Orator ſpeakes of it, the Law is the Invention and Guift 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 Tullies. **Jubec•a qui ſaci•nda ſunt prohibetquecon•raria. lib. 〈◊〉lege.Another reaſon, why I, nor others ſhould not innovate Lawes; becauſe good Lawes, are not only Gods Inſtitution, but in the Equity of them, they are Eternall: 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 Eternall (ſaith the Orator.)
Thirdly, whereas the Learned ſay, the Excellency of the Law conſiſts in two things: In the goodneſſe of the Lawes,43 and the Effluence of things thēce 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 Maximes, Good Particular-Cuſtomes, and wholeſome Penall-Statutes. On which of theſe, have I intrenched?
Fifthly, and laſtly,**Cum lex obedientibus vir, tutem declarat injuriam paffi vindicatix ſit & ſcopus, ſit legis de vita hom inum bene mereri. ſince it adornes the obedient with vertue, revenge the wronged, and deſerveth well of every mans life; What good ſhould I get by innovating the Lawes? Indeed there be too many Innovators, both of Gods 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 Lawes 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 Commick. **〈…〉〈 in non-Latin alphabet 〉.A wicked Pleader is the Pox to the Lawes. Such Judges alſo as doe pervert or wreſt Judgment, 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 heavie Curſe and Woe; yea,Eſa 5.23 they are an abomination unto the Lord, as in the places fore-quoted. So the Lord preſcribeth Lawes to all men, how they ſhould walk before him, both in their generall 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 Patriarchs walked, directed by the Word of God. 44Intimating 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 Chriſts Kingly Office to govern his Church: ſo it is a main part of his government to make Lawes; and another part to appoint Officers. **Jam. 4.12.There is one Law-giver, which is able to ſave and deſtroy: and ſo for Off•cers. **Epheſ. 4.11Hence it will follow, that all they who put wayes upon men in Gods-worſhip, which he preſcribeth not; ordain Lawes not of Chriſts making, and appoint Officers and Miniſters ſuch as God never gave; do innovate, and ſo it may be ſaid of the Lawes of Kingdomes 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 Evill (as it is there phraſed) and will not know or underſtand whoſe judgment they execute, but make the Lawes ſerve their Luſts, or the unjuſt deſires of other m•n; then they innovate the Lawes indeed, and thereby ſhake the Foundations of the Kingdom, as it is in the ſame Pſalme, moned ſhall bee all the Foundations of the Earth**Pſalm. 82. as if the Prophet would ſay where men of Place will not undeſtand but pervert judgment and carue it againſt its owne intent, and the intent of the Law-giver. Upon the violation of theſe Lawes, ſuch diſorders and diſturbance of State ſhall follow, that all helpes whatſoever ſhall come to ruine, the Earth (as the Prophet ſpeaketh) ſhall Reele to and fro like a drunkard, and ſhall bee removed like a Cottage; and the tranſgreſſion thereof ſhall bee ſo heavie upon it; that it ſhall fall and not riſe againe.**Verſ. 5. there is an abſolute neceſſity of judges to declare the Lawes: and to give ſentence according to the Lawes; as the Civilians, and our owne Learned judges have it.**Eſa 24.20. it is little materiall that humane ſociety enioy Lawes: except there be men of place to declare theſe Lawes, and to judge according. and becauſe affayres bee many: Kings and States muſt have judges, as hands, and Eyes to diſcer•e and determine of Right**Parum eſt jus in ſocietate buwana nifi, fint qui jura ▪ di•••t & regere poſſunt. and Wronge, according to that Councell of Iethro to Moſes**Exod. 18.6. where not only the neceſſity of ſuch judges; but alſo the due qualification45 of them is layd out, as alſo**De•t. 1.13 they muſt bee wiſe men,**Nam ignora••cia jud•cis eſt Calamitas innocentis. Aug. de civit. 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 In-ſight in the Lawes: but ſuch a ſpeculation as is joyned with practiſe.
And therefore the Spirit of God uſeth two words to expreſſe the Knowledge of Judges, Wiſdome, and Underſtanding; where by the firſt, the Interllectuall part muſt be well informed: and by the other, that Information muſt be well applyed 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. 18.21It is the ſame word that Pharoah uſeth to Ioſ•ph, concerning his Brethren, where hee asketh, if they be Men of Activity.
Therefore Simlerus rendereth it well,**Valentes ingenio. Men of a dextrous Ʋ Ʋit.
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 Diabolicall.
Judges alſo, ſaith the Word muſt be men of Truth, that is (as the Learned ſay well) * they muſt be true in Ʋ Ʋord 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 doe, 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 bottome of his heart,46 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, wherby the Name of God is blaſphemed the Righteous broken, the Wicked ſtrenthened, and the State ruined.
Auother Property; they muſt hate Covetouſneſſe, where the Phraſe (as Cajetan obſerveth) is very emphaticall,**•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 Covetouſneſſe, that he muſt hate it and abhor it. As the word Batzah ſignifieth**Avaritia & cupidi tate evertituus Judicium. by covetous Deſires, judgment is over-turned, ſaith a Civilian. Auguſtine calleth the Covetouſneſſe of Judges**Noveram Juſ•itiae & nu•••tricam Gehennae. the Step-Mother of juſtice, and the Nurſe of Hell. Iuſtiman drawes the Picture of a Covetous Judge to the life, A covetous Judge delighteth more to look upon the Maſſe of Gold, th•n the Son of Righteouſneſſe. Plutarch tells us, that the Judges of Thebe 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 freedome from acception of Perſons; he ſaith, there muſt be in him**Avarus gratius intuetur auri molamquam Juſtiliae ſolem. 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, &c.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 Vertues,**fine h•c no••ſunt verae virtutes ſed umbrae. without this, the reſt are not true Vertues, but ſhadowes of Vertues.
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; in47 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 feare of the Lord (ſaith the Wiſe-man) that men depart from evill**Prov. 6.6 a vive Pattern of ſuch a Judge, Our Saviour relateth in the Goſpel, there was in a City a Judg, that neither feared God norreverenced man:**Luke 13. • ſuch a cruell 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 dye. Which Judges and judgment Hierome & Chriſoſtome deſcribeth prettily. **Erat illie ſolum figurae Judicii reverae autem impetus ſuit latronum.There was (ſay they) a ſhape or ſhadow of judgment, but in very deed, nothing but a violent ſhock of Bloody Robbers.
Therefore, that Judges may bring their hearts to this fear, let them informe themſelves of two things.
Firſt, as they can doe a King and State no higher injury, then by wreſting of judgment to violate Lawes. So Kings (thus provoked) have and will put the higheſt Cenſures, and that deſerved•y upon ſuch Godleſſe 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 alwayes awake; holding faſt as it were byting the tayle in the teeth: writing upon it in ſtead of the Kings 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-Publique, eſpecially, in matter of Juſtice,**Valer lib. •. pag. 140. that Womans ſpeech to Caſar, though ſomewhat bold; yet was not in-opportune in it ſelf, nor evill taken by him. If Caſar will Raigne, 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, good48 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 eaſie to pardon; but in things that prejudice the Weal-Publique, 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 pittifully complained to Cambyſes the King, who took the matter to hearing, and finding her to be wronged in judgment, he cauſed the Judges skin to be flead off, and to be ſet in the place of Judgment (or as ſome made a Cuſhen of it) appointing his Son Ottanes in his place, with this Item; that when he looked on his Fathers Skin, he ſhould be taught to do righteous judgment. **Herod. lib. 4.
This were a dangerous Law in theſe evill dayes, Cum pones juſtes jus eſt, &c. where Judges kill the Witneſſes, ſurely if skins ſhould be hazarded, for every unjuſt Sentence, if ſome had more skins then the Serpent, that caſteth one every year, they were ſure to forfeit them all.
The ſecond meanes to bind this feare 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 judgment 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 & ſupream Judge in the laſt judgment, over whoſe judgment he was left on earth. Saith one, where this holy in-awing fear is not in Judges, in judging according to the Lawes, they plague the State, prejudice the King, and abuſe his Royall Favour. They diſhonour our God, whoſe judgment 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 Judgment, in ſlaying the Innocent, ver. 7. is this, He will not juſtifie 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 in49 the 3. of his Prophe•ie from the 9.10 the 11. ſ•••th forth Emphatically the monſt•••s and cruell dealing of the Judge; of Iſrael, they ab••r j•dg•••t, ſ•ith the Land and pervert Equity, they build up Sion with Blood, and Hi•••J•l•••with Iniquity, the Heads thereof judge for reward, th••Prieſts teach for Hire, and the Prophets Divine for〈◊〉yet they leane upon the Lord, and ſay, is not the Lord among us? None evill can come upon us. But obſerve what followeth in the leſt verſe, therfore ſhall Sion for your ſakes be plowed,••••ſa•••ſhall become an heap and the Mountain of the houſe, the high-places of the Forreſt; where obſerve, how the Impieti•and Iniquity of the Iudges and Miniſters of a Nation covered with Hy•roc•iſie, doe not onely bring a fearfull plague upon them and theirs; but alſo utter deſ•l••tion upon Church and State. As the greater Caeleſtiall Bodies out of frame do diſtemper the inferior; ſo if Judges more not directly, they marre 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 Common-wealth. As the Organicall parts are of the ſ••e temper with the ſimilar parts of which they are compo••ded; to Perſons & Officers in Law follow the temperature of the greater, as Councellours 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 Pu•iſhment ▪ their Table (as the Pſalmiſt ſpeaketh) ſhall be made a ſ••••unto them,**Pſal. 69.22 and every good thing that they poſſeſſe ſhall increaſe their Woe. **Potentes tormenta patientur.Mighty winked ones ſhall be mightily tor••nted. God moveth a fearefull Queſtion unto ſ•••as turn alide judgement, what will ye do in the day of Viſit••••〈◊〉where b••h•••con•r•ry they that eſtabliſh judg•••t 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, &c.It was holden a capi••ll Crime, by••villing〈…〉•o••ſtract or ſtr•tch the ſi••••of the Lawe•〈…〉••••rity; and〈…〉i•••as〈◊〉dai•••that in〈◊〉of gr•at conſ••〈◊〉of〈…〉the〈◊〉•re and i••••〈…〉La•es, of〈◊〉50and Policy were to be ſcanned, being the very ſouland ſpirit of the Weal-Publique. The Councellors come to the Bar and Plead with••alters 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 calles them H•ſtes Inſticiae ▪•••mies to juſtice. Galen ſpeaking of bad Phyſitians who deceive themſelves and others; ſheweth the of ſtrength erroneous Opinions, when they once ceize upon the mindes of men. How much more dangerous when they ſtuddy falſhood for love of Lucre? falſe opinions ceazing upon the ſoules of men make them not only deafe but alſo blind: this affected blindnes ioyned with greedineſſe of gain and ſome faculty ▪ of expreſſion Tully layeth out from the dangerous effects or Symptomes of it**Poſtquam commodit as prona virt utis imitatrix dicendi copiam conſocuta, &c. in Prol. Rheto. when deſire of gain, with ſemblance of faire dealing, hath once obtained a flu•nt faculty of expreſſion. Then (ſaith he) it is odinary for miſcheife masked with wit; to overturne Houſes Lands, & Lives. That deſerved Encomie that Galen and others gives of Medicines; may be aplied to the Lawes; if they be well uſed〈…〉〈 in non-Latin alphabet 〉they a••the Auxiliary bands of God: but if they fall into the hands of Moun•ebankes, who rather abuſe, then uſe the Lawes * there is more danger from the Phiſitian then the ſickneſſe. As the Law is defined to be an Holy Sanctio•: 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 Sacriledge to abuſe, or innovate them. If the ſ•preame judg on earth cannot inno•ate the Lawes, except they croſt the Lawes of God and the good of the State; then mue•leſſe•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 comendation 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 politick in theſe word•. As the Head of a•ody. Natu•all•annot change his fine•es, no•cannot deny or withhold51 from his inferiour Members, their peculiar powers, and ſeverall nouriſhments of Blood: No more can a King, which is the Head of the Body-politic, change the Lawes 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 Axiome of the Civill-Law Judges ſhould not judge or ſentence after the guidance of their own Will: but according to the Lawe•, laudable Cuſtomes, and received Statutes of the place. Like unto this, is that Order of the Imperiall Chamber: It is given in charge to the Judge and Aſſiſtants of the Imperia•Chamber; that not out of their own proper and bare pleaſure they ſhould give Sentence: but according to the Lawes and Statutes of the Empire.
A conſc•onable••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 Hereticks; who ſtill proclaime 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 Iudge is never oftended, who in judging ob•erveth 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 Ʋi•••ers, of whom this relation goeth: The Lord Major of London gave order to a Serjeant to call the Brewers before him; who inſtead of them, warned the Vintners to appear,〈…〉 whom the Lord Major beholding in the Court, a ked what they did there: the Se•jeant anſwered him, that upon his Lordſhips Com••••••ent, he had warned them to appear: the Lord Major rep••ed that he gave order for the Brewers appeara•ce: It is true my Lord, (ſaid he) and theſe be52 the greateſt Brewers, or grand Impoſters in corrupting of the Queen of Liquors, as I, and my Fellowes 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-Seller of Iuſtice; if they mixe their wine with water, or turn judgment into wormwood, theſe are the corrupt Brewers, or Maſters of the Lawes, the grand Impoſtures poyſoning the whole State, becauſe they poyſon the Fountains head.
Therefore David deſcribing the wicked man in oppoſition unto the godly; he uſeth the word Raſhangh, which figniſieth a reſtleſneſſe 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 onely lawleſſ•but ſuch (as if they be in place) trouble and bemire the pure Fountaine•of the Lawes. And in this they become like the wicked and devouring Shepheards, 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 yee muſt foul the reſt with your feet? And as for my Flock they eate that which you have troden with your feet: and the drink, that which ye have fouled with your feet.**Ezek. 34.18, 19. where by ſhepheards, 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 owne mouths; and then diſtributed to the People nothing but what they had corrupted.
Let Kings therefore (as the Pſalmiſt ſpeakes) be prudent, and let the Iudges of the earth be well nurtured;**Pſalm. 2.10 for if they kill not the Son, whileſt he is angry, that is, both in Iuſtice and Religion, they ſhall periſh in the mid-way; that is, even in the top and the ruffe 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 in53 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 ſinne againſt God, and Iniquity againſt Men: the reaſon is, from that which aggravateth their ſinne: Namely, the with-holding of the Truth in Unrighteouſneſſe. 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 Iudges,〈…〉〈 in non-Latin alphabet 〉, a word borrowed from the Practiſe of ſuch as tyran•••••y〈◊〉preſſe the I•uo•ent and caſteth them into Priſon. But by the contrary, bleſſed are thoſe Iudges, and other Miniſters of the Law, that doe and ſpeak righteous judgment: for they may confidently wait for ſafety, when tryall cometh upon the whole Earth. It is remarkable how Marcham chiefe Iuſtice in Ri•h, the third his time, denying to give ſentence againſt Burdet the Vintner, for ſaying, he would make his Son Heire 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 charg, is,Sect. that I am a factious Perſon in the Common-wealth. 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 ceize deeply upon the Accuſed, being brought low in the eyes of men, how ſoever they be guiltleſſe both in Gods eyes, and in the eyes of all that are impartiall. It is an ordinary courſe in ſuch Accuſations, to uſe words of courſes which being many in number, and wanting weight of proofe ſunt ſol•is le••••a caduci•, of themſelves they are lighter then fallen leaves. How ſoever accidentally they damniſie the Accuſed.
Now to cleer my ſelf of this, as of the former, according to the courſe that I have taken in the reſt, Let us conſider54 what Faction, or a Facti•us Perſon is, for as my Accuſor ſhould have cleered 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 deſined, till it plainly appeare to agree properly to the Party ſpoken of.
But as I am not gvilty of the mater nor charge with it methodically: ſo I follow a cours by way of Definition to acquit my ſelf of the mater 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 ſence. In the better ſence, it is ether taken ſo ſimply, or accidentally, the former of theſe is defined thus by Polititians * there is one kind of faction, which defendeth the Lawes and Right of a Weale-Publiqve againſt all uniuſt opoſers of the ſame. And this is the beſt or an approvable factions. Of this kind of faction I deſire ever to bee, and all good Subjects ſhould doc the like, ſo farre as place, and power, calleth them. **Nam nati ſumus potius Reipub. & legibus quam nob is ipſis.We are rather borne to the Republique, and the maintenance of its Rights; then to our ſelves. The latter kind of good faction conſiſteth, in the deviſion of families, or men of note in place, evil in it ſelfe, yet accidentally good, becauſe it poyſeth the adverſe faction. To this purpoſ ſpeaketh that great Ropſodian in Rep: * diverſe factions ſo they move not ſedition, are to be tolerated in a common-wealth: becauſe by this means the State may be better tempered, and kept as it were in an equall ballance. 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 Poyſed: howſoever the parties in their diviſions had their owne particuler ends. And this is that concerdia diſcors, that keepeth the State in tune and temper. The ſecond ſort of faction is evill 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 ſedi••on, if it be confirmed by Covenant, it is called Conſpiracy, if by oath Conjuration55 where upon imediatly followeth his definition or deſcriptiō; 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 Samaritanes, and of the Iewes, and of the M•n of Iudah, and the Men of Iſrael, Tacitus gives a deſcription of Factious Perſons, being baſe and poore in their privacies, and having no hope to raiſe themſelves; but by the ruining diſſentions of the Publique State, they become deadly miſchiefes to the Common good, and therefore are to bee 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 Antients. Ius Client••a the right of•••a•ing, or ad•er••g to their Patron or Defender, whoſe obſervancie they preferred before the League of Kindred and Friend hip. Plu•arch in the life of Romulus. treating of this Subject, calleth ſuch Clyentes〈…〉〈 in non-Latin alphabet 〉willingly to come nigh, or to adhere, intimating the ſtrict neceſſi•ude between ſuch Clyents, and their Patrons or Maintainers. Iulius 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 Kingdomes wherein Factions are••••pened and maintained by Rewards there Faction or Sedition ſhall never be warting. For that thing to which there is a gainfull recompence propoſed, muſt needs grow exceedingly, be it good or bad. To this purpoſe ſpeaketh that univerſall Architector. The Riſe of Diſcord and Sedi•••, is from converting a Publique Right into a Private.
Now let me be put to tryall upon theſe particulars, both from the Nature and Grounds of Faction, as upon a competent56 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 ruine of the tottering State, or rather the recovery aymed at by us? Was a lawfull and neceſſary recourſe, in time of danger to the whole State repreſentative, a point of Faction? Eſpecially, they being the great Phyſitians, we being the Patients. This recourſe being the joynt priviledg of all good Subjects.
Laſtly, in matter and manner of our recourſe, nothing laid down but the very open and publike Diſeaſes of the Church and State. Proved invincibly from the Laws of God and Man; pleading for nothing more next unto Chriſts right, then 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 then Conſcience; For which truth I alſo ſuffer, and am ready by Gods 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 faithfull.
As I am thus acquitted from the nature of Faction;Sect. ſo all the Grounds of Faction or Sedition will cleere me of the guilt of it.
Eirſt, for Ambition, which according to the Etimon〈…〉〈 in non-Latin alphabet 〉is a Haughty deſire of Dignity, or Vain-glory; which as a Father calleth it,Barnard Ep. 126. is cauſa furoris, the cauſe of madneſſe, now a dayes eſpecially: As I had no ground for it, conſidering mine own unworthineſſe; ſo I thank God, ſince ever he gave me a call, I deſired never to be ambitiou•of any thing, ſave to have a ſhare in Pauls Ambition, Namely, to know the Power of Chriſts reſurrection, the Fellowſhip of his Sufferings, and to be made conformable unto his Death. **Phil. 3.10.In evidence whereof, the world knoweeth, that for keeping a good Conſcience, I have forſake-great57 Preferment. As for coveteouſneſſe the roote of all evill, by Gods mercy I had learned in ſome meaſue to be content, And where coveteouſneſs (as Auguſtine ſaith) conſiſteth in two thinges in aliena rapi•nd•et cupide ſua ſervando, in robbing others, and in two nighly kee•ing of a mans owne; For the former non 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 hatered; 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 weakned 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 leſſe 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 Staffe of Government: yet I can ſafely ſay, that I was ſo farre from any mans reward, that I rather ſpent of mine own in any buſineſſe of State I confeſſe 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 climbe, 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 chiefe Captain,〈…〉〈 in non-Latin alphabet 〉with a great ſumme we have redeemed it. **Act. 22.2•.And when they are once mounted in Seats of Juſtice they58 verifie 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 pl•ces. And then they make the ſuppreſſion and conſuſion of Divine and Humane Lawes, Scabella ambitionis, the very Foot-ſtooles of their Ambition. On theſe men and their Practiſes, Nero's Motto may well be ſet.
A ſecond ſort of ſeditious Perſons, are ſuch cove•ous Achans, as ſhake the Foundations of Piety and Policy, for a wedge of Gold, gain-ſaying Baalams, 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 Baalams practiſe,**Rev. 2.14. and all this breaking of the people, and polluting of Gods 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 wayes of unrighteouſneſſe as the Apoſtle calleth it, * of this Cut was ſeditious, treacherous Iudas, who betrayed the Innocent blood of his Lord and Maſter, for a poor piece of Thirty-pence. Even ſo the eyes of ſuch Baalamites and Iudaſſes, whoſe hearts hunt after reward, may eaſily be put out: and what will they not do, or undo! Philip never doubled the ſurpriſall of that City, where an Aſſe 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 Prophets Divine for money; there ſhall be nothing but over-whelming deſolation. **Mich. 3.11, 12.Theſe may well be called〈…〉〈 in non-Latin alphabet 〉inexpleble Hogs-head, whoſe practiſes only challenge this Motto.
Oportet habere nil refert vnde. Have wee 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, there59 is a lawfull and neceſſary hatred; and that is, both of Evill and of Evill-men: 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 h•ted them that obſerve vain Falſhoods. **Pſal. 97.10:Where by the word Hebel tranſlated Lying-Ʋanities, or vain-falſhoods. He underſtandeth not onely the vanity of world•y things ſpoken againſt by Solomon,**Pſal: 1: 73 but eſpecially I dolatry, or mens vain Inventions in Gods 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 fore-quoted 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 Auſtine 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 farNaturam 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 Divel, and all other workes of the Fleſh; ſo hence ariſeth in the wicked〈…〉〈 in non-Latin alphabet 〉an endleſſe Warre 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 Abrahams houſe and Eſa•in Iſaacks houſe, and Ioſephs Brethren in Iacob, 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. Iohn. 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 names ſake. And from this hatsed ariſeth factious perſecutions, wherewith they follow the People of God.60 and wh•n they ſhall perſ•ente you, &c. 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 Oake planted by the Ollive, loſeth the growth; So that Serpentine hatred of Soules 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 Oakes, yea, and Cedars too, whereby the ruine 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 chriſtallin humor of reaſo miſplaced, make a work alſo of the fleſh. As hatred (by Auſtine) is ſaid to be tras in ocul•, A beam in the Eye. As the Chriſtalline humour of the Eye, wavering towards any corner, makes the Eye evill againſt the good that it hateth. As Hammons hatefull Eye was evill againſt Mordecai, and the P•ariſees againſt Chriſt. Out of this hatred ariſeth contention (as Solomon ſaith) Hatred ſtirreth up ſtrifes,**Prov: 10: 12 and ſtrife or contention muſt be ayded and maintained by Sedition: As the one of theſe is the originall of the other, ſo God diſclaimeth them both, as the Workes of the Divel. The ſower 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〈…〉〈 in non-Latin alphabet 〉of〈◊〉us ſtirs. As an Impoſtuma•ed Botch (ſaith Plutarch) having rooted it ſelf deeply in the fleſh; caſteth the Body in a Feaver, whoſe Cr•sſis proveth often deadly: Even ſo Contention ſeated in auima exulcerata in a Soule, feſtered with hatred, begetteth that Peſtilantiall Feaver, of Seditiou•Faction, which cauſeth the d•ſlocation of every State where it cei•eth. Inſtance the ruine of all Common-wealths that ever we read of. Inſtance the ſoure Monarchies, this Iſland; and all out Neighbour Kingdomes; the particulars whereof I paſſe, becauſe61 they are ſo well knowe: to my purpoſe lee Ʋirgils teſtimony fuſtice for all, Egl. 1.
The Common wealth is like the Tythian Stone; of which Plynie ſpeaketh,**lib. 2. c. 106 lib. ; 6: c: 17. that notwitſtanding the greatneſſe and weight of it; if it be intire, 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〈…〉〈 in non-Latin alphabet 〉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 ſinkes right down: and as in this Diſeaſe, a Burning Feavor is deadly, if it be not prevented by Phlebotomie; So, except the Liver-vein of contentions 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 Earth-quake, till all reele again; So thoſe ro••en vapours ſtuffed up in the Cavernes of Factions, under the colour of much deceit full calmneſſe, 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 wilfull miſtake of the worſer ſort, or at leaſt, reſolve the doubt of the bea•••,〈◊〉by a cleere diſcovery who be theſe conce••i••〈◊〉and by conſequence who be the factions: Both the peaceable and contentious agree in the Theſi or generall, that contentious Perſons, are pernicious weeds, and are either to bee kept very low, or to be pluckt up;62 But in the Hypotheſi or particular application, they diſſent 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 Iobs Friends, they make good enough Majors, but very evill Minors.
With the men of the World, who are thoſe contentious Perſons? but even the men of Peace, Peace-takers, Peacekeepers, yea, and Peace-makers 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 leſſe. 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 offenceleſſe. And ſo may Gods 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 ſowes diſcord? (ſay they) who ſtirreth up ſtriſe ▪ who be the Bouſeus of Contention? who ſets the Peace of the Church and State upon the Rack? who rends and teares 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 doe not only faiſly accuſe Gods guiltleſſe people; but ſome of them abuſe the Kings Majeſty to his face, with theſe Suggeſtions. And herein they follow the Dyotrephean Spirit of their Fathers, who are alwayes 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 great63 Ones; by the evill example of the Clergy (as they call it) are ſo frequent in this Charge; for thereby all the Rabble of the Vile are emboldned to revile the people of God with this aſperſion.
This is even the old ſtrain of Gods Enemies in former times; amongſt many inſtances, take that Sermon of Dr. Youngs, preached at Pauls Croſſe in Queen Maries dayes Anno. 1573: where hee proclaimed with foule mouth fury-outly, the Baniſhed Miniſters to be rhe ſtirrers up of ſtrife in the church; becauſe they could not attaine to Biſhoprckes which others enioyed**Preface to the Franckford troubles. pag 2. with this I might parallel Dr. Banekrofts Sermon at the Croſſe, but of that hereafter.
Now for the better clearing of this Imputation,Sect. and laying of the blame where it ſhould lye; 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 evill and dangerous. The former is either good abſolutely of it ſelf, 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 generall or particular Call: Conſidering alſo Time and Place; and this is not only permitted as lawfull, but alſo enjoyned, and commanded. The Apoſtle St. Jude held it needfull to write to all the Churches with all diligence, and to exhort them to contend earneſtly for the Faith,**Jude 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 enjoyned. Where the compound〈…〉〈 in non-Latin alphabet 〉to contend as it were for life, is, to renew this Fight to the very laſt gaſpe. And this muſt be followed againſt Sathan the World, the Fleſh: Sathans Inſtruments; as Tyrants, Heretikes, Schiſmatikes, Hypocrites, in a word, againſt all the Enemies of Chriſt, and of his Truth. In which bloody ſtrife, the Saints64 of God have beene more then Conquerors, overcoming Kings and Kingdoms〈…〉〈 in non-Latin alphabet 〉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 13.24Much to this purpoſe the Apoſtle enjoynes the Galatians, and in them, all Chriſtians, to ſtand faſt in the liberty, wherin Chriſt had ſet them free. Gal. 5.6.In which words, the Apoſtle implyeth the aſſaults that the Saints ſhall endure, if they ſtand by their co•ours, 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 expreſſe charge to contend for the maintenance of thoſe Colours, by ſtanding to it. Stand faſt (ſaith he) &c.
Another kind of Contention, though not good in it ſelf, 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 Ayre, and giveth his own a breathing time. It may well be ſaid〈…〉〈 in non-Latin alphabet 〉that all thrive the better whēthe wicked are by the ears together. When Theeves reckon True-men come to their owne. The ſting of the Scorpion is deadly poyſon; 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 poyſon overcometh another, whereby the life is often ſaved: even ſo the Diſcord of Peſtilentiall 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 Conten•ion for that which is good, which is not the Seed of Sedition, but rather the Fortreſſe of the Truth, and Procurer of Peace. But of that contention which is the Serpentine Mother of a Draconitiſh Faction; the65 people of God may ſay with the Apoſtle, If any man liſt that way to be contentious, we have no ſuch cuſtome, neither the Churches of God. **1 Cor. 11.16In 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 diſſent not from the Commandements, nor do not croſſe by their courſes the Evangelical Precepts, then are they farre from contention. But on the other ſide, they who walk contrary to God & obey not his Goſpel, and follow the councels of their owne 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 ſhallowneſſe and deep ignorance of Law, how ſoever I ſeemed to be skilfull. To which I anſwer, Law is not my profeſſion, and therfore 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 undertakings: 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 claime unto. **Lex enim populi ſalus ſuprema.The Law is the higheſt pitch of the Peoples ſafety. And how ſhould they eſteeme ſo highly of it, without66 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 ſtaires. And as for my ſelf, if I were ſo ignorant: Firſt, why did he paſſe ſo cruell a cenſure upon me,**Cum caecit as ſit pars innocentiae. ſince Ignorance is ſome part of Innocency, eſpecially where there is no evill intent. Secondly, why did he not demonſtr•tively 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 Ʋox populi be true, hee 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 experimentall rule of Hypocrates,**lib: 5. Ep.〈…〉〈 in non-Latin alphabet 〉, the mans 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 leſſe, till the Hierarch•made way for the Execution, and the Writ was out. For I conceive that men could not ſo farre ex ver•homines, caſt of humanity, as to inflict harder things upon a man and his family, then death it ſelf. 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 Prelates grandure, than out of any ſtomack they had to it.
CHAP. V.
SEcretary Cook fell upon the Point of Iure Divino. and citing Lane ſius his Agency for the Pope, in the Councel of Trent againſt that Tenet; he was forced by the truth (as the hearers ſaid) to acquit the defence of Iure Divine. I will paſſe 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 hu••neſſe was driven along.
To begin with Dr. Laud; then B. of London, the〈…〉〈 in non-Latin alphabet 〉or great and angry B. indeed with a dangerous ſting. After the Judges and others had ſpoken, hee fell on with a diſcourſe of almoſt two houres long; with which (as ſome ſaid) all the Hearers were wearied. But paſſing the Particulars of his Apologetick Preface; and alſo the bittereſt of his invective Charge againſt me, and my Book, wherein he invented much choller and little truth. I will onely point at ſuch particulars of his Charge, as at the very relation wherof, truth ſhall be ready to acquit me, in the judgment of all ingenuity. In generall he ſaid, it was the moſt falſe, ſeditious and inhumane 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 my ſelf 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 Looking-Glaſſe of the Holy where, which he confeſſed, was ſomewhat milder; yet notwithſtanding, his late Majeſty King Iames 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 Phyſitians to lye for their Patients good. But for one that will be a B. falſly to accuſe, it is very ſoule. It is true, I68 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, paines, and ſufferigns. For by the ſuggeſtion of the Co•d•marian and Prelaticall Faction, the Stationers entred my houſe ▪ took away my goods, carryed my wife, and divers of my Family to priſon; only my wife fainted by the way, they left my young Children in the channell•and all this they did without Warrant or Officer appointed; which manifeſt wrong, I hope the high Court of Parliament will redreſſe.
But for his late Majeſties indignation againſt me, it was a meer ſuggeſtion: for His Royall Majeſty was my onely 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 groſneſſe of my Wrongs put upon me may the better appeare; the firſt high Court of Parliament ▪ called by our Soveraign Lord King Charles, did promiſe that I ſhould have a ſpeciall hearing, and iuſt redreſſe. He taxed me with Ignoran•e, 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 Lord•hip Learning enough to keep himſelf from a contradiction. It ſeemes the commendation of the Book was Reflexive upon himſelf, that he might ſeem at leaſt to confute ſuch an univerſall 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 inabled me to make good what I hold, which he cannot doe; if with Moſes he were vers'd in all the Learning of the Egyptians.
The Learning and Place of a B. indeed ſhould rather have uſed Arguments then Torments, The weapons of our warfare are not carnall (ſaith the Apoſtie)**2 Cor. 10, 4 But his Armes69 ſhewes what houſe he is come of. The Attorney Generall 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 Buſineſſe; 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, hee would undertake to prove, that there were BBs. before that Law. If his heat had not tranſported him, hee might have ſeen that both thoſe might be true; BBs. in his ſence might be before that Law: yet being eſtabliſhed in any meaſure by a Law, they became more dangerous; as may bee inſtanced from the Popes 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) hee would wave, if not diſclaime this Tenure of Humane Right too weak a Foundation for the Hierarchie, nam debile fundamentum fallit opus, for a weake Foundation deceives the Structure. But this ſhift diſcovers (compared with the undeniable evidence of thoſe of his own houſe, the Lawes of the Land and the Kings Prerogative) how good a Subject he is; and going on, he ſaves me from miſtake in affirming from Antiquity, that Iames was B. of Ieruſalem, 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 alleadging of the Fathers, as Athanaſiu•, A•ſti••, Ambroſe, &c. who though they were mens BBs. as Re••calls them, yet they were not of his Babiloniſh Cut. The diſproofe of this Aſſertion is as needleſſe, as it ſelf is groundleſſe,70 yea the ſenceleſneſſe of it will hence appear, that that retrograde or Crab-like 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 Peters being ▪ B. of Rome, ſince their Hierarchy is no like Peter, then an unhappy Monkey is like a Man. But the Prelate being in ſolio, not content with this, hee windes up the bottome 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, untill 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 hee found them to be more proud and imperious in their Government, then any BBs. in England. For witneſſe of which particular, let the Prelates overtopping of Kings, and States, and manifeſt Treaſons againſt both: and the true and hearty ſubmiſſion of the aforeſaid Miniſters, be ſpeaking witneſſes. And fol•owing the Charge, he affirmed that I and my fellow-Schiſmaticks, would obtrude upon the Church a new Government, affirming that only, to be lawfull, and the other Antichriſtian. By drawing up his forces in forme 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 cloake) yet hee 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, &c. was neither taught by Chriſt, nor his Apoſtles, nor ever received into the Church for ſo long time.
71Ergo, It is Antichriſtian.
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 Welch-man 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 ſhewed 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 hee maligneth, to be the true Ordinance of God: For proofe of this, be pleaſed to peruſe the * Book, eſpecially,Syons Plea. the proofes 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 hee pleadeth for. I will quote but one place for all concerning the originall of Prelacy; for I feare the bulk of this work ſhall of neceſſity be bigger then I would have it. And if Syo•s Plea were not mine own, I would humbly intreat the honourable Senate, that where it hath been thrice printed, they would cauſe it once more to come forth under Publique 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 teſtimonie nullun•gravius, But no mans 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 untill this Age (every particular Church was governed by the BBs. Elders, and: Deacons of the ſame. Witneſſe the Authors of the Cent. Mag. and though72 ſome before this were titular BBs. yet their ſuperiority the Church would not bear. Witneſſe, our Engliſh Synode,Synod. Harf•rd. Anno 674. For further proofe, 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.
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 Maſter-Piece, which hath muſled all theit 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 Civill Iuriſdiction, 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 puſled with the words; and ſeeing that he was beaten out of that coyned diſtinction of the Jeſuits from the ſimple and compound Verb〈…〉〈 in non-Latin alphabet 〉and〈…〉〈 in non-Latin alphabet 〉, 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 tryall whereof, if we conſider the word, according to the ſtrictneſſe of Etimology〈…〉〈 in non-Latin alphabet 〉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 Pompe, Splendor, and Bounty, that accompany the Government and Deportment of Princes: And therefore the Latine tranſlateth it Benefici. The French indeed hath in the Text, Bien facteurs, but the Marginall Note explaines the meaning very fitly, by the word Mag••fiquis,〈…〉〈 in non-Latin alphabet 〉(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. 65The Prophet David defireth the Lord to give him a free Spirit,**Pſal. 51.1•▪ but the Word in the Originall ſignifieth a Princely and Royall Spirit. A well framed Spirit. 〈…〉〈 in non-Latin alphabet 〉the French Bien fais in the Margine. By this it appeareth, that the Prelate brings either his diſſimulation upon the Stage in impeaching that which he knowes 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 ▪ ſpake what hee would without controlment, and made up his concluſion with concurring to that heavy & bitter Cenſure, which was hatch'd & brought out (as his Servants, and others could tell) before my cauſe came to tryall: 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 Eccleſiaſticall perſon ought to be preſent, or aſſiſt in ſuch a Judicature, where there is loſſe of life, or member: But (ſaid he) to take away the Ear is not loſſe of hearing, and ſo no member loſt; neither is the ſlitting of the Noſe loſſe of ſmelling, and ſo no member loſt. So for burning the Face, or whipping no loſſe 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 appeale unto any Scholler, whether, or no he hath diſmembred Logicke, Law, Divinity, and Anatomy; knoweth he not, that the form gives the being! Now mangle an Fare, or an Noſe, and it wanteth the forme; 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 Lawes Divine, Humane, as Civil-Law, Canon-Law, the Lawes of England, Statute, and Common: Counſels, the whole Current of the Learned, Antient, and Modern, concur with one voyce, to the ſecluding of them from all Civill Judicaure: what place then is there at all for the Prelates dawbing and illogical diſtinction. For proofe of all this Cloud74 of Witneſſes, I intreat the Reader, for brevities 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 Lawes of England no Clergy-man ſhall beare 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 Ruffe.
Another antienter then he, and firſt that ever wrote, bears witneſſe 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 Ʋenice (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 affaires: though the Pope interdicted them ſhut up their Churches, and was preparing to come in Armes 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 Lawes that we can name, and practiſe hath been anſwerable; yea ▪ the Pope himſelf by word and practiſe 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) 〈…〉〈 in non-Latin alphabet 〉ſecu•ar cares. And was not this a ſhrewd ſee•••r Buſineſſe, and to give judgment on a d•ing man more bitter then death. The Canon-Law (with which all other Lawes concur in that particular) forbiddeth that any Clergie-men ſhould ſit on Blo••, or be preſent where any ſuch Cenſures be given. If Be•armine in the place fore-quoted, will not have them to be Arbitros facult atum, Iudges in matters of Civil right; much leſſe 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 Butcherie then Anatomie. God made the Ear and not a mangled ſti•mp of an Eare, for hearing; the table75 of the Ear reverberates the Ayre, being the medium between the Mallet and the Anvill, but my table was cut cleer 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 Goe on now to another, and he ſhall be all that I will inſiſt on; namely, Dr. Neale, then Prelate of Wincheſter. To follow a wiſe man, is almoſt to be wiſe, He laid about him extreamly (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.
He might be a pretry States-man of 12 or 14 yeares of Age: But to the point, he ſaid, he had never heard, nor ſeen all that time ſuch a vile Book, preferring it to Baalams Aſſe, Martin Mar-Prelate, Ʋdals Book, and all the reſt; and wondered, that ſuch a Traytor, 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 marſhalled up againſt me, many Latine Sentences which I take (under favour) Nam, de mortuis &c. he had learned ſince he came to be Prelate of Dureſme; for being there in the Common-School, and checking the School-Maſter for his ſeverity, inſtancing the prejudice that came to children thereby, from his own experience, when he was a Scholler of Weſtminſter School, he ſaid (in the hearing of a reverend man yet alive, beſides others, there preſent) that the ſaid School-Maſter was never off his breech, by which he became ſo very a Dunce, that untill that hour he could never make a right Latine Theam. After he had given me many blowes and vented his choller, he came into a better68 mood; namely; of praying for me, that if I were not as Symon 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 ſinne 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 doome. 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. Ʋ Ʋ•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 Kingdomes 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 ſtrucke 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 Soules, and make them the moſt Artificiall ſlaves, under the Sun (which are worſe then naturall ſlaves) but if any ſhould ſtand up for the truth, they meant ſo exquiſitly to torture them (as they did indeed) that all that feared the Lord) (though to their great woe and griefe) 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 ſoules from the ſnare of the Hunter.
CHAP. VII.
NOw to come to that Radamanthean Cenſure (the terrour 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 fearfulneſſe of it; and how it opened a gappe to the Prelates, to inflict ſuch diſgracefull 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, untill 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 Bloud he was ſaid to loath it, faſtidit vinum quia jam ſitit iſt••ru•r•m.
My weak diſtreſſed wife was ſent for, by Iames the Jaylor of Newgate, and a Tipſtaſte, to be at the Tryall, who carryed with her a Certificate under four Phyſitians hands of my extream weakneſſe, and ſickneſſe 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 haſtned homeward in regard of my weakneſſe; but they called her back by a Tipſtaffe, that the dreadfulneſſe of the Cenſure as it ſeemes) might overwhelm her ſpirit: but the God of our ſtrength upheld her marvellouſly, that ſhe was not ſo much as danted, but ſpake 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 perpetuall impriſonment; and all theſe upon a dying man, by appearance.
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.
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, Equitie and Humanity, as I could make it appear from theſe grounds following firſt from the matter of my Accuſation. Secondly. from their maner of proceeding. Thirdly, from the Nature of the cenſure. Fourthly from the Party cenſured. For the firſt; namly the Booke; 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 noe law broken there is no trangreſſion? for ſin is the tranſgreſſion, of the Law. As I have ſaid in Effect it is a received Maxime in all Lawes**Judicium debet precedere deliberatio & cauſa cognitio idque ſecundum legem. that mature del•heration and triall of the Cauſe and that according to Law ſhould precede Indgment. As the great judg of Heaven and Earth unaccountable to any, leadeth on his deputyes to this by his owne practiſe and precept. The ſecond ground of di•proving of the proceedings is from the•aner of it, which was illegall as the matter it ſelfe; good things ſhould be well done, or elſe they loſe the grace; an evill thinge ill done is a double evill; God loves the well doing of an action better then the good action it ſelfe, becauſe the former is from an internall 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 Proceedings is Injuſticia arm•ta, Armed injuſtice, as Plato and others call Judgment and Juſtice, Ʋirginem in corruptant. **De lege 120.
So in jupging any matter, there ſhould be an uncorrupt proceeding.
4 Things ſpoile the form of proceeding in judgment;Sect. namely Prejudgment better ſpeeches of the Party, Racking or torturing79 of the Matter, and condemning without hearing. Of every of which, but a word: All theſe did concurre, though it may be not in all, to the choaking of the Divine Rod of Juſtice.
For the firſt; namely, Prejudgment which makes the Judgment rather wrath, then judgment, 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 foule, whom the Prelats followed; ſo that the houſe did reſound〈…〉〈 in non-Latin alphabet 〉, as Suydas hath it, with many coatumelious and reviling Threatnings. To theſe I have replyed ſomething in my Anſwer to the Judges particulars; and though ſuch a courſe damnifieth exceedingly the accuſed, and indignifieth the Judge; yet paſſe.
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 worſer part, and not to find a party guilty by the Law, and ſo to cenſure him; but to put, or inforce guilt upon him that they may cenſure him.
The fourth and laſt point, but not the leaſt, wherein the forme of proceeding failed, was the condemning and cenſuring of me without hearing; a courſe indeed againſt Nature, againſt all Lawes Divine, and Humane, Civill, Common and Canon-Laws, againſt the Law of Nations, againſt the practice of God himſelf as I have ſhewed, againſt the practice of Chriſt, and the priviledge of all men.
Our Saviour Chriſt, the Judge of Quick and Dead, whoſe practice every Judge ſhould follow, keepes this order of judging, as he teſtifieth of himſelf. I can do nothing of my ſelf (ſaith he) as I hear, I judge, and my Judgment 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〈…〉〈 in non-Latin alphabet 〉. Do not give judgment before thou heareſt both parties,**Plato in Demon. Alexander ever referred one eare to the party no•heard. What ſhould demonſtrate72 the light but againſt all thoſe reaſons and proofes; they dealt with me worſe then with a Traytor, condemning me without ſight of Judge or Accuſer; & that not through my default for I deſired as heartily to make my appearance as to live; but the danger of my ſickneſſe could not admit the removing of me from my bed. That current Maxime in all Laws was my ſufficient excuſe, neceſſitas inducit privilegium neceſſity carryeth a priviledge in it ſelfe; eſpecially it it be neceſſit as actus Dei, a neceſſity of the A•t of God, ſuch as mine was, and could not be avoyded. Upon this; humble Petition was made to the Court, that they would ſuperſede either untill 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 tyed 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 Controverſie was confeſſed. I anſwer, it is true, but with cum confeſſione facts, I there was to prove defenſi•non•Iuris, a defence by Law, that the actions, fact, or words, do not condemn, but the Anomie or Evill of Actions: otherwiſe, the Jewes 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 affirme, that Judges condemning a Delinquent without hearing, doe 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 farre worſe then an exemplary evill in the Judges life. Becauſe the former corrupteth the Publique Founrain; the other but a Draw-well in a mans 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 abridgment of that which I could and would have ſaid in defence of my81 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 Starre-Chamber. Yet all reaſon required, that I ſhould have had perſonall 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 Councell durſt not plead, and the Law did allot me twice as much time for my Defence, as the At•orney ſhould take to accuſe, though he was to ſpeak laſt, the very Law of Nature and Reaſon did plead the neceſſity of my Perſonall 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 indeede 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 heavie & unh•ard of Cenſure. Polititians, and Lawyers, in their d•ſcoveries of C•nſures concur all in this, that Magiſtrates ſhould be very wary in Cenſuring, eſpecially to Bodily puniſhment, to looke 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 proceedings is diſproved, is from the perſon Cenſured, whoſe degrees (to let other things paſſe) did exempt him from any ſuch puniſhment, beſides inbred genoorſity, a maſter in arts, I commenced alſo Docter; for my capabillity in theſe degrees, I have the ſeales of two Ʋniverſities St. Andrews, and L•yden, with more then 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 cannot82 ſuffer any ignominious puniſhment,lib. aut facta, &c. no more can a Docter**Doctoratus privilegia, &c. the priveledges of Doctor all degrees, are the very ſame by Aſſignment of Law, that belong to Equeſtrall dignity. With prejudgment, rather then Iudgment they ſet on the higheſt cenſure that ever was given upon the greateſt Malefactor: not once making knowne 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 owne owne houſe. Whence the under Iaylor of Newgate would needs carry me in my ſick-bed; but that my friends entred in ten thowſand pound bond for mee. Notwithſtanding the ſaid Iaylor all the time of my ſickneſſe, plaid the Lord-dane over my houſe challenging it to be his, and ſet theeviſh fellowes over me upon my charges, beſides the monies 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 owne houſe for my health, my friends entred ten thouſand pound bond for me; but fayling of that liberty ▪ I took in my bond: So, thus in much weakneſſe of body, I remained during the time of the Plague, by which the Tearm was adjourned, and the Execution of the Cenſure deferred. But the Plague ceaſing they began to ſit, I was carryed before the Hi•rarchy at Lambeth, where I ſpake 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 diſ-eſteeme of their Guifts; but becauſe (as I had clee•ed in my Book,) they were not of God, and ſo had no power given: ſo they did intrude upon the Eſtate, Body and Bloud of me ▪ and other Subjects, contrary to the Lawes of God and the Kings Majeſty, as the Book ſheweth 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 replyed that I was not brought before them, tanquau•ſub judice alieujus fac•i, but that they might degrade me; for••••rwife the83 cenſure could not be executed. I replyed in effect, that it was a rotten Antichriſtian courſe: for if a Miniſter tranſgreſſe, 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 d•gree of Ministr•e.
Thirdly, and laſtly, I told them I had no Degrees from them, and if I had, I would diſclaime them. But ſure I am. that my Degrees, by the Law of Nations, ſhould have exempted me from ſuch a cruell, and reproachfull Cenſure: but ſince it is ſo, with Moſes I eſteem the reproaches of Chriſt greater riches then 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 replyed (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 ſate before me meaning Dr. Land) who had his hand in my bloud, would move his Majeſty to paſſe that Cenſure and to give me my tryall at the Common-Law, if I ſhould be found guilty of the breach of his Majeſties Lawes, I ſhould deſire no favour, but humbly thank his Majeſty for ſo faire and legall a Tryall. 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 bloud 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 ſive dayes, expecting the execution of that dreadfull Cenſure; yet to Gods glory be it ſpoken (the Spirit bearing me record) without the leaſt touch of any dauting terrour, but with m••h comfort and courage the Lord•a•ryed84 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 lawfulneſſe 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 lye not, that all the learned and judicious that ever converſed with me, concluded abſolutely the lawfulneſſe of my eſcape, being well qualified, only the expediencie, or inexpediencie in me, they left to the particular inſtinct of the Spirit which was, it ſhall appear, by the unanimous conſent of the Learned, carryeth the main ſway in this Caſe•f or my judgment not without ſedulous ſcanning, and mature deliberation, it was fully poſſeſſed of the lawfulneſſe of the thing; only my Aſſertion ſtood in relat•on to the thing, as God ſhould offer or deny the meanes: at length God did not only preſent the meanes, but alſo opened the mouth of one of the Inſtruments, to tell me in plain tearms, that if I anſwered not the Opportunity, it was a tempting of God, and to my bloud-ſhed I ſhould bee 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 cleer 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 it ſelf, from good grounds, good ends lawfull meanes, and due Qualifications. I have ſatisfied all that come to me and ſome with tears have beg•d pardon for cenſuring of me. The Antients have ſet forth whole Treatiſes for the lawfulneſſe 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 Ʋriah I was brought to the ſtake, he had his deſire. The aforeſaid Cenſure was executed in every particular in a moſt cruell manner, and meaſure: the Executioner was made drink in the Fleet the night before, and alſo was hardened the very ſame day with ſtrong water85 being threatned 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 hee 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 Jayle, by forty ſeven dark ſteps, to a wofull 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 Feavor, my caſe was very dangerous, and my recovery very doubtfull; as my Chyrurgion and others did witneſſe at large to the aforeſaid Committee: after that I was kept ſtraight Priſoner within the Fleet Walls the ſpace of nine years and a quarter, having been priſoner three quarters of a yeare before that. I was never ſuffered to breath abroad, nor all that time to ſee my Family in my houſe, it being leſſe then a Bowes 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 threed of my weariſome life, a maſter-piece of cruelty was deviſed and followed by four parties, whoſe names are known; namely, to caſt me into the common Jayle, for the effecting whereof, they ſet eight ſtrong fellowes upon me, who with violence bruiſed my body, and did through me into a loathſome lowſie 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 weekes 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 to86 take away my life, yea even then, when I lay very weake under the hand of God; All thoſe paſſages, and many more, concerning the company, place, and cruell uſage, were proved ſufficiently to the honourable Committee: And for the further evidence, Warden Ingram told the Counſell (as hee 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 Kingdome) than have undergone thoſe Common-Iayle ſufferings, which were a ſn•re unto my very ſoule, and I confeſſe 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 it ſelf of this inhumane practiſe to be publiſhed; the reading whereof, I am perſwaded will make the Bowels to earne. At length, in great weakneſſe, with much adoe, 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 goe, hear, nor ſee, though my Petition was larger, then I thought the Houſe would admit: yet out of ſence of my diſtreſſe, it was twice read, and my cauſe much regrated with tears of compaſſion: the Petition it ſelf, I have here inſerted.
TO THE HONOURABLE, And High Court of PARLJAMENT. The humble Petition of Alexander Leighton, Priſoner in the Fleet.
HOw your much and long diſtreſſed Petitioner on the 17 of February gone ten yeares, was apprehended in Black-Friers, coming from the Sermon, by a high Commiſſion Warrant (to which no Subjects body is lyable) and thence with a multitude of ſtaffes and Bills, was dragged along (and all the way reproached by the name of Jeſuit and Traytor) 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. Lawd88 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 Halberts and Staves they carryed 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. Maries dayes) 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 Roofe being uncovered, the Snow and Rain beat in upon him, having no Bedding, nor place to make fire, but the ruines of an old ſmoaky Chimney, where he had neither meat nor drink, from the Tueſday at night, till the Thurſday at Noon. In this wofull place and doleful plight, they kept him cloſe, with two doors ſhut upon him, for the ſpace of fifteen weekes, ſuffering none to come at him, till at length, his wife was only admitted.
The fourth day after his commitment, the high Commiſſion Purſevants 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 Jeſuites Bookes. There thoſe violent Fellowes of prey, laid violent hands upon your Petitioners diſtreſſed wife, with ſuch barbarous inhumanity, as he is aſhamed to expreſſe, and ſo rifled every ſoule in the houſe, holding a bent Piſtoll to a childs breaſt of five years old, threatning to kill him, if he would not tell where the bookes were, through which, the child was ſo affrighted that he never caſt it. They broke up Preſſes, Cheſts, Boxes, the Boards of the Houſe, and every thing they found in the way, though they were willing to open all. They and ſome of the Sheriffs men ſpoyled, robbed, and carryed away all the Books and Manuſcripts they found, with Houſhold-ſtuffe, your Petitioners Apparell, Armes, 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 Bookes,89 and other things from one Mr Archers houſe as he will reſtifie. Further, your Petitioner being denyed the Copy of his Commitment by the Gaoler of Newgate, his wife with ſome friends, repaired to the Sheriffe, offering him Bayle, according to the Statute in that behalf ▪ which being ſhewed by an Attorney at Law ▪ the Sheriffe replyed, That he wiſhed the Lawes of the Land, and Priviledges of the Subject had never been named in the Parliament, &c. 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, then his Majeſties Attorney-Generall, whoſe dealing with your Petitioner was full of cruelty, and deceit. In the mean time it did more then appear to four Phyſitians ▪ that poyſon had been given him in New-gate; for his hair and skin came off in a ſickneſſe (deadly to the Eye) in the height whereof, as he did lye, Cenſure was paſt againſt him in the Star-Chamber, without hearing (which hath not bin heard of) notwithſtanding of a Certificate from four Phyſitians, and Aſt davit made by an Attorney of the deſperateneſſe of the Diſeaſe. But nothing would ſerve D. Lawd, but the higheſt Cenſure that ever was paſt 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 expreſt himſelf to a man of note) ſhould never be inflicted: Onely it was impoſed (as on a dying man) to terrifie others. But the ſaid Doctor and his Combinants cauſed the ſaid Cenſure to be executed the 26. day of November, following (with a Witneſſe) for the Hang-man was armed with ſtrong drink all the night before in Priſon, and with threatning words to do it cruelly. Your Petitioners hands being tyed to a ſtake (beſides all other torments) he received thirty ſix ſtripes with a terrible Cord. After which, he ſtood almoſt two houres 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 a90 Theater of Miſery, to Men and Angels. And being ſo broken with his Sufferings ▪ that he was not able to goe, 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 indangering of his life. Returning to the Gaole, after much harſh and cruell 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 al•owed.) 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 Fellowes upon him, who tore his cloaths, buiſed his body; ſo that ſince, he was never well, and carryed him by head and heeles to that loathſome common Gaole ▪ where beſides the filthineſſe of the place, and vildneſſe 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 cruell, and continued ill uſage (unparallel'd yet upon any one, ſince Brittain 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 it ſelfe. In witneſſe whereof he had about 500 hands: for revealing of whoſe names he was promiſed more favours by Sir Robert Heath then he will ſpeake of; But denying to turne accuſer of his brethren, he was threatned within ſtorme, which he felt to the full, wherein (through Gods mercy) he hath lived; though but lived ▪ chuſing rather to lay his neck to the yoke for others then to releaſe himſelfe by others ſufferings.
Further ▪ the Petitioner was robbed of divers goods by one Lightborn, H•es, Grave•and others, Officers and Servants of the Fleet, amounting towards the value of 30. l.91 for which Lightborn offered compoſition (by a ſecondhand) upon the hearing of the approach of a Parliament: but your Petitioner (notwithſtanding his neceſſity) refuſed to hearken to any ſuch illegall and dangerous way. To innumerate the reſt of your Petitioners heavie preſſures would take up a Volumn, with which he will not burthen your Honours, till further opportunity.
And therefore he humbly and heartily 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 Chriſts, and the States; As alſo to afford ſuch coſts and dammages, as he hath ſuffered in Body, Eſtate, and Family, having been priſoner (and that many times) in the moſt naſty Priſons, eleven yeares not ſuffered to breath in the open Aire. To which, give him leave to add his great ſufferings in all thoſe particulars, ſome 16 years agoe, for publiſhing a Book, called, The Looking-Glaſſe of Holy Warre.
Further, as the Cauſe is Chriſts, 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 wiſdome, he hopeth the Book ſhall approve it ſelf.
Alſo, your Petitioners wearing Age going now in the ſeventy two yeare, together with his ſickneſſe, and weakneſſe of his long diſtreſſed wife, require a ſpeedy deliverance.
Laſtly, the Sons of death, the Jeſui••, and Jeſuited have ſo long inſulted in their owne licentious liberty, and over the miſeries of your ſervant and others; who forbearing more motives, craves pardon for his plolixity92 being neceſſitated therto from the depth and length of his miſeries: In all which, he ceaſeth not to pray, &c. and.
Will thou not deliver them that are drawn up to Death, and thoſe that are ready to bee ſlaine.
But notwithſtanding of my inability, the Houſe could not prevaile by intreaty with Warden I•grano, to let mee take a Lodging at Ʋ Ʋeſtminſter, though he had ten thouſand pound Bayle for mee, as good as London afforded: through which deniall, I was almoſt killed with a Coach, being on horſeback, towards the Fleet in the dark, I received a dangerous wound in the fore-part of my Leg; by the neglect whereof in following my Cauſe, my life was indangered, and ſo I lay by it ten Weekes not able to ſtirre abroad.
But before I took my Bed, my wrongs were recognized and adjudged, my Cauſe cleered and juſtified, and that by as noble, judicious, juſt, and impartiall a Committee, as any State could afford. The Inquiry was exact the Examination punctuall, the Cenſure juſt, the Report intirely faithfull, the Order of the Honourable Houſe anſwerable to the Premiſes, and the Tranſmiſſion to the Lords very juſt and equall.
93Laſtly they cauſed the Warden of the Fleet (with much adoe) to deliver up my Bayle: So that after twelve yeares 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 acknowledg my dutifull obleigement to the Honourable, and High Court of Parliament; expecting Execution, which is the Life of Judgment.