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A87841 An epitome or briefe discoverie, from the beginning to the ending, of the many and great troubles that Dr. Leighton suffered in his body, estate, and family, for the space of twelve years and upwards. Wherein is laid down the cause of those sufferings; namely that book called Sions plea against the prelacie, together with the warrantable call that he had to the work: and also, the hard and heavie passage of the prelates proceedings against him, in the high Commission, and Star-Chamber. And lastly, their invective speeches in the said Court of Star-Chamber; from the impeachment whereof, and the accusations charged upon him, he vindicates himself by a just defence. Leighton, Alexander, 1568-1649.; England and Wales. Court of Star Chamber. 1646 (1646) Wing L1024; Thomason E354_2; ESTC R201091 74,578 102

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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 VV●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 more 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● Ministers 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 Defendant 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
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 great 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 had 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 the 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 If Aaron were over the Priests Then Bishops should be over Ministers c. 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 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 saith 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 Vnlawfull 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 Vnlawfull 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 and 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 busie-bodies 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 godly people in the place where they lived did keep Conventicles the ground of which complaint was their mischievous malice conceived against that people because some of them being in office had laid the Law to their Prophenesse the judge gave order to these 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 Praying were Conventicles I was never out upon good occasion given when I could conveniently nor never would be as God should enable me for if it were not for Fasting and Prayer said I where had you and we been ere this for these are the preservers of the State With that they rose up from the Table and standing about me I told them that their 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 In which Reasons he seemed to acquiesce proceeding to examine me concerning a book especially three severall Examinations of me they have verbatim the
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 his 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 was 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. Lastly 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 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
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 regrate 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 the 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 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 on 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 High must Ye sore but Glory gives the VVings No low attempt a Star-like Glory brings 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 Defendant 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 that 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 five 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 recourse 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 First 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
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 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 immediatly 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 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
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 the 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●ryed me on in humiliation and prayer the People of God assisting me all this time betwixt recourses to God As formerly for my abode in the Fleet as occasion was given I did traverse with so me learned and judicious the 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 Vriah 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 water 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