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 deâ—â—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 Discipâ—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 crueâ—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
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 deservedâ—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 coâ—â—ern the good of the Weal-Publique especially in matter of Justice * Valer lib. â— 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 good Theodosius the younger gave a sweet expression of a Princely disposition * Ad privata oportet principem esse facilem ad ignoscendum in iis quae laedunt rem debent esse severi Erasm Apoth 8. In privacies Princes should be 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 â—â—â—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 in the 3. of his Propheâ—ie from the 9.10 the 11. sâ—â—â—th forth Emphatically the monstâ—â—â—s and cruell dealing of the Judge of Israel they abâ—â—r jâ—dgâ—â—â—t sâ—ith the Land and pervert Equity they build up Sion with Blood and Hiâ—â—â— Jâ—lâ—â—â— with Iniquity the Heads thereof judge for reward thâ—â— 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 â—â—â—â—saâ—â—â— shall become an heap and the Mountain of the house the high-places of the Forrest where observe how the Impietiâ— and Iniquity of the Iudges and Ministers of a Nation covered with Hyâ—rocâ—isie doe not onely bring a fearfull plague upon them and theirs but also utter desâ—lâ—â—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 tendoâ—s out loseth the motion of the Member because they cannot be consolidated So want of integrity in Judges makes a laâ—â—e Common-wealth As the Organicall parts are of the sâ—â—e temper with the similar parts of which they are compoâ—â—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 1â— Esa 5.23 all their supposed advantage of place shall inlargetheir Puâ—ishment their Table as the Psalmist speaketh shall be made a sâ—â—â—â— 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 torâ—â—nted God moveth a fearefull Question unto sâ—â—â— as turn alide judgement what will ye do in the day of Visitâ—â—â—◠〈◊〉 where bâ—â—hâ—â—â— conâ—râ—ry they that establish judgâ—â—â—t in thâ— gaâ—e 〈◊〉 Aâ—â—â— speaketh hath pâ—â—â—ises of â—â—â—â—â—y and Protection * Amos 5 â— aâ— Dâ—odâ—râ—â— Sâ—â—â—lâ—â— repâ—â—â—eth the maâ—â—â—r of the Thâ—â—iâ—â—â— * quod capitalâ— crimen habitum cavillationibâ—â— interpretam legum severitatem Majestatem distrahere proinde â—utum â—rat non cicere nisi laqueo colio circumdato c. It was holden a capiâ—â—ll Crime by â—â—villing 〈…〉 â—o â—â—stract or strâ—tch the siâ—â—â—â— of the Lawe◠〈…〉 â—â—â—â—rity and 〈…〉 iâ—â—â— as 〈◊〉 daiâ—â—â— that in 〈◊〉 of grâ—at consâ—◠〈◊〉 of 〈…〉 the 〈◊〉 â—re and iâ—â—â—◠〈…〉 Laâ—es of 〈◊〉 and Policy were to be scanned being the very souland spirit of the Weal-Publique The Councellors come to the Bar and Plead with â—â—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 Hâ—stes Insticiae â—â—â—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
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 Aaronâ— 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 iâ— 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 Ronâ—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
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 Sâ—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 Pâ—racessâ—â—â— spake of Quacks to be Iuliaâ—â—m Theologum But to put Treason upon mâ—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 dedâ—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 worldâ—â— preformâ—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 fatteâ— 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 Breâ—th of our Nâ—strâ—â—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 vesâ—â—â—giâ—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 Immaâ—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 â—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 Arithâ—â—â—tica or to speak In Law was it Salvo Contenâ—mâ—â—to but to leave Suppositions and Probabilities Let his Lordship give me leave to deal with him obsiguâ—â—is â—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 Mannâ—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 â—3 Eliz. c. 2. in hoc verâ—a If any man shall advisedly and with a â—â—lâ—â—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 Felâ—ony as appeareth by the Censure of Mr. Stubs of Lincolns-Inne upon the ocâ—â—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 conceâ—â—ing words of
an higher â—â—â—ure uttered against the Queen of King for the time being Namely â—â—â—ing him or Her Heretic c. 1â— Eliz. c. 1. It is enacted that whosoever shall publish that her Highâ—esse is aâ— Heretic Sâ—â—â—smatic 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 Iuâ—â—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 TreasoÌ„ 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 * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 Stâ—tute-Law clâ—â—â—eth no Principle of Common-Law nor Case nor Comment dâ—â—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 sâ—ole Imputation of Ages to Be-traytor Gods Servants when they stand for their Master Hâ—mâ—n accused Mordeâ—ai and the Jewes of Treason to King Ahashuâ—râ—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 soyâ—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 Hâ—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 VVorship by mens Devises Orders and Deceâ—â—iâ— 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 Bâ—â—â— â—â—deraâ—e dâ—fâ—retion harboâ—â—â—g and mainraining openly Trayâ—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 * Nomiâ—◠〈…〉 consâ—â—tianâ— Plâ—◠〈◊〉 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 thâ—â— call Good Evill and Evill Good saith the Spirit But to hold to the particular and so to close it up there be so 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 â—â—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 pleâ—titur qui principiâ— monetam vitiâ—â—it quanto dignior est eo supplicio
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 discerâ—e and determine of Right * Parum est jus in societate buwana nifi fint qui jura diâ—â—â—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 qualification of them is layd out as also * Deâ—t 1.13 they must bee wise men * Nam ignoraâ—â—cia judâ—cis est Calamitas innocentis Aug. de civit Dâ—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. 18.21 It is the same word that Pharoah useth to Iosâ—ph concerning his Brethren where hee asketh if they be Men of Activity Therefore Simlerus rendereth it well * Valentes ingenio Men of a dextrous VVit 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 VVord 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 Vlpâ—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 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 * â—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 Jusâ—itiae nuâ—â—â—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 thâ—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 enâ—m Judicem cunâ—â—a ruminari c. And he gives Reasons for all these from Scriptures * Deut. 1. Job 29. 2 Chron. 19. â—â—amford lib. 2 c. 4. One thing more required and that is the Basâ— of all the rest they must be men fearing God The fear of God is the Foundation of all the other qualifying Vertues * fine hâ—c noâ—â— 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 * cuâ—â— ex pâ—tenciahomineâ— Gen. 20.11 since out of might he feareth not wrong what wrong may he not do Or what will he not do if occasion serve As Abraham looked for nothing in Gerar but some bloody death because the fear of God was not there So let no man look for justice from the mouth of that Judge in whose heart the fear of God resideth not For either he doth no justice at all but by wresting of justice turns it against those whom he should protect Or if they do any justice at any time not for Justice sake It is by the 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. â— 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
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 ultiâ—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 solâ—is leâ—â—â—â—a caduciâ— 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 consider what Faction or a Factiâ—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 efficiatâ—r lib. 2. de demonst c. 14 â—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 Nâ—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 sediâ—â—on if it be confirmed by Covenant it is called Conspiracy if by oath Conjuration where upon imediatly followeth his definition or descriptioÌ„ faction is a gathering together of more or â—â—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 Gwelphâ— and Gibellines that of the Samaritanes and of the Iewes and of the Mâ—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 dependencâ— 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 Clientâ—â—a the right of â—â—â—aâ—ing or adâ—erâ—â—g to their Patron or Defender whose observancie they preferred before the League of Kindred and Friend hip Pluâ—arch in the life of Romulus treating of this Subject calleth such Clyentes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 willingly to come nigh or to adhere intimating the strict necessiâ—ude between such Clyents and their Patrons or Maintainers Iulius Câ—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 â—â—â—â—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 Sediâ—â—â— 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 competent Jury and then it shall evidently appear whether I be guilty of factious Faction or no. First was there any unjust cause undertaken or maintained by me or any that moved me to the work was there concursus ad vivum any violent manning out of the matter was there any Conspiracy any Conjutation was the 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
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 Imprisonâ—â—â—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
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 Vpon 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 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 as the Proverbe is cum pulvisculo yea the Scripture teacheth us the best way to sweeten waters is to begin at the fountaines * 2 Kings â— 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 bring 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 Non fuit Antolycho tam piceata manus The last Bout they had with me before the day of hearing was about the answering of Interrogatories in the Star-chamber office whereof I was more afraid then of all the rest for wanting the Copies of three 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 exception 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 faithfull in the deepest distresse It is a shame that Heathens should outstrip us in this * Manil. 8. Vnus erat Pylades unus qui mallet Orestes Ipse mori c. Did one Pylades and Orestes strive For death each other to preserve alive And shall not the Saints lay downe their lives for a 1 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 so b 1 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 arundâ—nea imo hirundinea Some in requitall prove like Reeds and Swallowes unprofitable and ungratefull * Num prohibet servare sidem deâ—eta Sagunthuâ— shall sackt Sagunthuâ— 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. As the whole proceedings was according to the use of the Adage 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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
qui principis ingenium corruperit if Clipping or corrupting of the Kings Coyâ—â— be Treason and her worth to loose his beaâ—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 â—eaâ—â—â— words writings or other practise Endeavour to withdraw any with in the Kingâ— dominions from their Naturall Obediâ—â—ce or from the Religion now established here to the Romish Religion aâ— to move them to Promise Obedience to the Sea of Roâ—e the Câ—â—â—â—â—lâ—rs and 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 Thâ—se devour the faâ— 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 * Neâ— magis vituper anduâ— est proditâ—r patria quam communis utilitatiâ— aut lalutis desertâ—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 compusâ—â— 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 bâ—â—â— preserved by the Laws and the execution thereof pâ—pulâ— sâ—â—◠〈◊〉 yea such an one layeth all upon to the consâ—â—â—ing and unquenchable Wrath of God witnesse Amos in the fore-quoted place where the Lord laying out â—â—â—â—pting of judgment and the violence of such as boast they have Hoâ—â—â—â— by the strong he whereof they thrust downe People Laws and all He sheweth also the feâ—rfâ—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 Wilâ—â—rnesse that is from one correr to another Where this conclusion ariseth demonstratively That Subverters of the Law and Corrupters of judgment and Violent 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 câ—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 aâ—l Traytors of what sort soever had their Treasons branded in their due desart with Phalarius Duke of Venice who after his Execution instead of a Seat of Honour had a Chaire coveâ—ed with Black set in the Senaâ—e-house as an Embleme of his everlasting Infamy The fourth Article of the Charge is that I am a Libelloâ— 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 prâ—pogating of the Kingdom of Christ in the smeâ—rity of Religion which is indeed the Scepter of his Kingdome and the Crown of his People and that not upon supposed or feigned 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 Lâ—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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hendâ—caâ—â—l supplicâ—bus vacat lybelliâ— 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 Câ—r Where art thou that accusest me of incontinency This Desamatory Lybel thus defined * Famosus lybâ—llus est noâ—modo si dissi mulato vel ficto author is nomine redditâ—r vâ—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 câ—i compeâ—it deâ—â—nitiâ— competit deâ—â—â—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 Libeâ—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 and 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 debâ—nt ampliantur beneficii Senec. They who deserve highest punishments are laden with heapes of Benefices saith Sencoâ— 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 imaginâ—m gerabaâ— 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 Medeâ— and Persians which are unalterable * supremam popuâ—i salâ—â—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 sanâ—tiâ— sanâ—ti juâ—ence â—onesta prâ—â—ibens contraria Fortescue in comondation â—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 â—a qui saciâ—nda sunt prohibetque conâ—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 * â—â—x non esâ— sâ—itum abquod populorum seâ—â— ternam quidâ—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 and the Effluence of things theÌ„ce 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 Law-giver 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 * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 1â— 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 Intimating thereby Mr. Perâ— 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 Offâ—cers * Ephes 4.11 Hence 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 mâ—n then they innovate
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 fluâ—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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they aâ—â— the Auxiliary bands of God but if they fall into the hands of Mounâ—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 Sanctioâ— so the judges or deliverers of the Law are by the Legâ—sts called Sâ—â—â—dotes That is sacra dâ—tentes â—t ministrantes teachers and administratros of the Holy things therefore it is Sacriledge to abuse or innovate them If the sâ—preame judg on earth cannot innoâ—ate the Lawes except they crost the Lawes of God and the good of the State then mueâ— lesse â—aâ— Miâ—â—stâ—rs â—r deliverâ—â—s of the Law cruâ—â—â— to the Right hand 〈◊〉 to thereâ—â— from the â—â—ve intent and mâ—â—ning of the Lâ—ws Now that the former may not it is cleared in thâ—â— Trâ—tise called the comendation of the Laws by that nâ—â—er-enough commended fallen of the Laws Ghâ—â—â—â—sâ—er Fâ—â—â—asâ—â—â— and that by anâ—elegâ—â— Simâ—â—e from theâ—◠〈…〉 the body politick in these wordâ— As the Head of a â—ody Natuâ—allâ—annot change his fineâ—es noâ— cannot deny or withhold 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 Laweâ— 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 Imperiaâ— 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 conscâ—onable â—â—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 * Consciâ—â—â—â—â— lâ—gis vincere Consciâ—â—â—iam â—â—â—â—â—â—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 obâ—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 Cuâ—â—dâ—â— Lâ—gâ—â—â— of the Keepers or Ministers of the Laws Which corrupt Ministers are not unlike those Succedâ—â—â—an Viâ—â—â—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 Seâ—jeant answered him that upon his Lordships Comâ—â—â—â—â—â—ent he had warned them to appear the Lord Major repâ—â—ed that he gave order for the Brewers appearaâ—ce It is true my Lord said he and these be 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 â—eâ—cia foederis exlex Not onely lawlessâ— but such as if they be in place trouble and bemire the pure Fountaineâ— 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 in their hand the wrath of God saith he is revealed against ungodinesse * Impiet as est proc are in Deuâ—â— Iniquilâ—â— in Homiâ—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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a word borrowed from the Practise of such as tyranâ—â—â—â—â—y 〈◊〉 presse the Iâ—uoâ—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 Riâ—h the third his time denying to give sentence against Burdet the Vintner for saying he would make his Son Heire
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 foraâ—â— 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 great 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 Saints of God have beene more then Conquerors overcoming Kings and Kingdoms 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith the Apostle Through Faith they subdued Kingdoms * Heb. 11.33 by the same Agony or strife there we must enter in at the strarght gate either removing or leaping over all impediments * Luke 13.24 Much to this purpose the Apostle 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 coâ—ours and will not either quit the colours of Christ or at least quarâ—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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that all thrive the better wheÌ„the 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 â—o ut cum venenum cum veneno luctatur servatur homo itideâ—â— 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 Contenâ—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 the 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. 11.16 In a word let the word determine who be the contentious and by consequent the factious indeed According to that saying of Origer speaking of the peaceable condition of the godly how it should be like the Concin Harmony of Musequâ— he giveth this note of the truth of it * sitales sierine nâ— 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
Arguments then Torments The weapons of our warfare are not carnall saith the Apostie * 2 Cor. 10 4 But his Armes 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 aâ—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 Athanasiuâ— Aâ—stiâ—â— Ambrose c. who though they were mens BBs as Reâ—â— calls them yet they were not of his Babilonish Cut. The disproofe of this Assertion is as needlesse as it self is groundlesse 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 asiâ—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 over-topping of Kings and States and manifest Treasons against both and the true and hearty submission of the aforesaid Ministers be speaking witnesses And folâ—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 Ergo It is Antichristian Quis talia tando Who could but blush to hear much more to assert such palpable untruths We desire no better Judge or Arbiter than the major Propositian and for the minor when he or any of his can prove it for mine own part I will bring both my Book and my Sufferings and lay them down at his feet But I may say to him as the 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 â—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 Anâ—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 nullunâ— 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 though some before this were titular BBs yet their superiority the Church would not bear Witnesse our English Synode Synod Harfâ—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 Sed si non aliqua
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 Vdals 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 better 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 Bâ— 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. VVâ—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 dreadfullâ—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 Tyberiâ— who though he loved wine yet in respect of his thirst of Bloud he was said to loath it fastidit vinum quia jam sitit istâ—â—ruâ—râ—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 â—ut my â—ares to sâ—it my nose to brand me in the face to whip me at a pâ—st to stand on the Pillory ten thousand pounds finâ— and perpetuall imprisonment and all these upon a dying man by appearance Instant morientibus ursa The Censure thus past the Prelate off with his Cap and holding up his hands gave thanks to God who had given him the victory over his Enemies O curva interris anima * Ambros de Offic. Non est gloriosa victoria vbi non est gloriosum certamen There is no glory in that victory that wants the glorious fight of faith But this was a fight against the faith for the said censure was against all Law 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 delâ—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 diâ—proving of the proceedings is from the â—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
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 Hiâ—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 â—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 cleeâ—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 tanquauâ— sub judice alieujus facâ—i but that they might degrade me for â—â—â—â—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 dâ—gree of Ministrâ—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 mâ—â—h comfort and courage the Lord â—aâ—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 â—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 relatâ—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 begâ—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
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 to 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 snâ—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. HUMBLY SHEWETH 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. Lawd then Prelate of London and Dr. Corbet then of Oxford returned in Coach from Pullam house with a Troop attending The Gaoler of Newgate was sent for who came with Irous and with a strong power of 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 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