enim maligando so called from brinding to obedience and how can they love or obey that which they have not * Nihilaemaâ— tum nisi cognitum A second Reason from the nature of the Law * Lex est regulaâ— mensura actuum agendorum vel ammittendorum Thom. prima The Law as the School-man saith is the rule or measure of things to be done or left undone Now how can any man high or low square his actions by that which he knoweth not A third Reason is from that common Interest that all have in the Law as the greatest good that they can lay claime unto * Lex enim populi salus suprema The Law is the highest pitch of the Peoples safety And how should they esteeme so highly of it without some knowledge of it Yet notwithstanding all this there is not a like knowledge required of every man but according to his Place and A staires And as for my self if I were so ignorant First why did he passe so cruell a censure upon me * Cum caecit as sit pars innocentiae since Ignorance is some part of Innocency especially where there is no evill intent Secondly why did he not demonstrâ—tively convince me either of forging Authority or of misconstruing of the Law Neither of which I hope he was able to do yea be it spoken without Arrogancy I have not only read the Statutes but also I can give some account that I have perused the best Common-Lawyers and Civilians and some Canonists that are extant and to abuse mine own knowledge or a State upon any by end which I have not I account it impious But to be brief if Vox populi be true hee was not guilty of much Law But for his Learning all must give him his due Egregius homo usque ad Dover Further for his invective speeches as they were very violent and unbeseeming a Judge So of them I will say no more but this according to that experimentall rule of Hypocrates * lib 5. Ep. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the mans tongue cast his water Now I come to the last passage of his speech Sect. containing the sad Castrophae or shutting up with an heavy and bloody Censure which made the standers by to shudder as my relator speaketh of himself Yet his hope was it should never be put in execution and indeed I hoped no lesse till the Hierarchâ— made way for the Execution and the Writ was out For I conceive that men could not so farre ex verâ— homines cast of humanity as to inflict harder things upon a man and his family then death it self But as it was a shuddering Sentence so it was as cruelly executed of which more hereafter I insisted the longer in this tongue-assault because it took up a great part of the time Divers others said somewhat being drawn to it rather by the Prelates grandure than out of any stomack they had to it CHAP. V. SEcretary Cook fell upon the Point of Iure Divino and citing Lane sius his Agency for the Pope in the Councel of Trent against that Tenet he was forced by the truth as the hearers said to acquit the defence of Iure Divine I will passe the rest and come to the declamations or rather exclamations of the two Prelates Dr. Laud and Dr. Neile from whom and by whom the whole huâ—â—nesse was driven along To begin with Dr. Laud then B. of London the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or great and angry B. indeed with a dangerous sting After the Judges and others had spoken hee fell on with a discourse of almost two houres long with which as some said all the Hearers were wearied But passing the Particulars of his Apologetick Preface and also the bitterest of his invective Charge against me and my Book wherein he invented much choller and little truth I will onely point at such particulars of his Charge as at the very relation wherof truth shall be ready to acquit me in the judgment of all ingenuity In generall he said it was the most false seditious and inhumane Pamphlet that he had ever seen comparing it with others of that kind as he called them Further he accused me of Blasphemy of High Treason and other Nominals none of which he could prove of all which I have quit my self sufficiently I hope in my Answer to I. R. his Accusation and also in mine Answer to the Information He told the Court of another Book done by me called the Looking-Glasse of the Holy where which he confessed was somewhat milder yet notwithstanding his late Majesty King Iames would have hanged him said he if he could have been found And that I went over the house top with a naked sword in mine hand * lib. 3. de Rep. Plate giveth way to Physitians to lye for their Patients good But for one that will be a B. falsly to accuse it is very soule It is true I wrote that Book in the behalf of the late King and Queen of Bohemia and without Ostentation be it spoken it hath found respect from many Nations It cost me indeed the on-setting by-charge paines and sufferigns For by the suggestion of the Coâ—dâ—marian and Prelaticall Faction the Stationers entred my house took away my goods carryed my wife and divers of my Family to prison only my wife fainted by the way they left my young Children in the channellâ— and all this they did without Warrant or Officer appointed which manifest wrong I hope the high Court of Parliament will redresse But for his late Majesties indignation against me it was a meer suggestion for His Royall Majesty was my onely refuge in whose presence and sight I was frequently in the height of my Troubles He was graciously pleased to peruse the Book and out of his gracious favour to give order that neither Prelates nor others should trouble me any further And that the equity of my Cause and the grosnesse of my Wrongs put upon me may the better appeare the first high Court of Parliament called by our Soveraign Lord King Charles did promise that I should have a speciall hearing and iust redresse He taxed me with Ignoranâ—e and bare pretence of Learning affirming the Book not to be of my doing for all the rare wits saith he of the Land for Law and Divinity have been at the making of it If I made the Book as indeed I did then hath not his Lordâ—hip Learning enough to keep himself from a contradiction It seemes the commendation of the Book was Reflexive upon himself that he might seem at least to confute such an universall piece But it hath stood â—â—rme yet against him and all his Archers I thank my God who with the little Learning given meâ— hath inabled me to make good what I hold which he cannot doe if with Moses he were vers'd in all the Learning of the Egyptians The Learning and Place of a B. indeed should rather have used
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
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
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-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
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
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
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
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